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061200 CC Reg AgP ... .~ ) CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 12,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love_ Stover Garfunkel Lizee Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 22, 2000 (Att.-#2A Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion Approving a Sign Permit for Virginia Highlands (Att.-#3A Planner's Memorandum) Location: Southwest quadrant of Smithtown Road and Lake Virginia Drive Applicant: Virginia Highlands Homeowners Assoc. B. A Motion Granting an Extension of Time to Comply With a Notice to Remove (Att.-#3B Planner's Memorandum) Location: 6050 Chaska Road Appellant: Gene Clapp C. A Motion Granting an Extension of Time to Comply With a Notice to Remove (Att.- see #3B) Location: 5920 Glencoe Road Appellant: Richard Veien NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on Park Commission Tours and Meeting Held May 23, 2000 (Att.-#5A Draft Minutes) g e ~ f'i ,.... ~ ""'" I ~ Z ~ -< ~ t3 z ;:J(f') 8'3 :>c~ ~~ t3~ ---, 4 ~ ~ I ~ '-' 01) i=: ..... ::s ..... ~ ~ 0) <I.l e. ~ ';::l ~ ~ A. ~e 3-6 ~ a 0) MO -5 e ~~ S ~<I.l tU a z.... O).~ -5] 01)0 .S ~ > (I) ~l5 Q.. ..... <~ o i=: ..... o i=: .~ ~ ::E 0 <u ~ -'" .... o 0) .."... J: ~ F:: .s 01) i=: .... 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CITY COUNCIL AGENDA - JUNE 12,2000 , Page 3 of3 '\ 7. GENERAL A. A Motion to approve the purchase of a Computer and Cash Register for the Municipal Liquor Store in Tonka Bay and for Credit Card 10 Equipment for all Three Stores (Att.- #7 A Liquor Operations Manager's Memorandum) B. A Motion to Adopt a Resolution Regarding a Transition to Excelsior Fire District (Att.- #7B Draft Resolution) C. A Motion to Adopt a Resolution Regarding Approving a Joint Powers Agreement for Fire Services (Att.-#7C Draft Resolution) D. A Motion to Authorize the Hiring of a Finance Director (Att.-#7D Acting Administrator's Memorandum) E. A Motion Directing Staff to Prepare an Ordinance Regulating the Use of Phosphate Fertilizers (Att.-#7E Planner's Memorandum/Sample Ordinance) 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Adopt a Resolution Accepting Bids and A warding a Contract for the Bituminous Seal Coating of Streets (Att.#8A. Proposed Resolution. Engineer's Memorandum) B. A Motion Authorizing Expenditure of Funds for Infiltration and Inflow Reduction - Sanitary Sewer System (Att.#8B. Engineer's Memorandum) C. Discussion Regarding Bids and Finance Plan for Freeman Park Multi-Purpose Building (Att.#8B. Engineer's Memorandum) 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. Skate Park B. Mayor & City Council 10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#10) , I o :. ~ ,-. I i~,: J~ ~""'.&.~.'. ~ , ;t N." ~..; a:)~} , ~"'-~ I ~~ '. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewqod.mn.us. cityhall@ci.shorewood.mn~us } Executive Summary Shorewood City Council Regular Meeting Monday, June 12, 2000 Agenda Item #3A: The Virginia Highlands Homeowners Association requests approval of a 'sign permit to replace their existing' subdivision monument. sign. Located a~ Smithtown Road and Lake Virginia Drive. Not only does the sign comply with the Zoning Code, it will correct the nonconforming location of the existing sign. Approval is recommended and requires a, shnple majority vote by the Council. ' Agenda Item #3B and C: Richard Veien and Gene Clapp have requested extensions on the " deadlines for bringing their properties at 5920 Glencoe Road and 6050 Chaska Road, respectively, into compliance with Notices to Remove. Both property owners have made substantial progress in cleaning up their properties and it is recommended that they be : given until 12 July to complete the work. Any yiolations found after that date would be subject to City cleanup or further legal action without further, notice. Approval of the extensions requires a simple majority vote by the Council. Agenda Item #5B: The Park Commission was rather excited about Connie Bastyr's suggestjon for a name for the FreemanPark Multi-Purpose Building. Ba~edon the historical background of the property, is seems toibe a natpral fit (almost spooky!). We hope the Council agrees; Agenda Item #6A: For the third time Brian Ohland and Clint Carlson have submitted a preliminary plat for Smithtown Woods. Approved on two other occasions, this plat proposes to divide the properties located at 25865 and 25895 Smithtown Road into six tesidentia1lots, two of which have homes on them. Based on public input, the Planning Commission recommended that the plat be approved with an added condition that a short trail be included in the plat to connect the end of the cul-de-sac with the LRT Trail. Staff should be directed to prepare a resolution approving the preliminary plat. Approval will ultimately require a simple majority vote. Agenda Item #6B: Robert Cunningham proposes to build an attached garage that, when combined with existing accessory space on his property, will exceed 1200 square feet of area. Mr. Cunningham's plans are consistent with Shorewood's zoning criteria and the Planning Commission has recommended approval of the conditional use permit. A draft resolution has been prepared for your review and requires a four-fifths vote for adoption. ft \,~ PRINTED ON RECYCLED PAPER Executive Summary - City Council meeting of May 8, 2000 Page 2 of 3 ~ Agenda Item #6C: As with the previous item on the agenda, Steve and Ann Anderson's request for a conditional use permit is consistent with zoning requirements. Their C.D.P. involves building additional garage space under the proposed attached garage onthe home they will be constructing soon at 5695 Merry Lane. The Planning Commission agreed with staff recommendations to approve the C.D.P. Approval of the enclosed resolution requires a four-fifths vote. Agenda Item #6D: Kim Koehnen has submitted her final plat for Seamans Estates. As noted in the staff report, she has deCided to plat only four lots at this time. Any future resubdivision would require a formal replatting. An abbreviated development agreement, calling for a stormwater retention pond, has been attached to tile resolution. The resolution requires a four-fifths vote for adoption. Agenda Item #6E: Carl Zinn has purchased the property south of his lot at 5820 Ridge Road in . order to rearrange the lot lines, giving him additional room on his lot to expand his garage. The rearrangement complies with Shorewood's zoning requirements and the Planning Commission has recommended approval. A resolution (which may end up being distributed at the meeting) requires a simple majority vote by the Council. Agenda Item #6F: Kirk Dickey and Ted Bigos own a narrow strip of property onthe south side of Highway 7. They request approvaltosubdivide the parcel and combine it with their respective lots to the south in Chanhassen. This is considered to be somewhat of a housekeeping matter and approval is recommended, subj ect to the applicants recording a covenant stating that the resulting parcels will. never be sold separately from the ' respective building sites in Chanhassen. Approval requires a simple majority vote by the Council. Agenda Item #7 A: DonSwandby proposes to purchase a computer cash register for the Tonka Bay Liquor Store and credit card identification equipment for all three stores. Due to the . amount of the expense, authorization is being requested from the City Council. Agenda Item #7B: The Fire Transition Committee has determined that a fire department needs analysis should be prepared sooner than later. The estimated amount forthe study is $25,000, of which Shorewood's share is 25 percent, or $10,000. The enclosed resolution requires a simple majority vote by the Council. Agenda Item #7C: Hopefully this is THE final draft of the Proposed Joint Powers Agreement for fire services. Approved once already, this requires a simple majority vote by the Council. Agenda Item #7D: After interviewing three candidates for the position ofFinanc;e Director, AI Rolek, Steve McDonald, our auditor, and I unanimously recommend hiring Bonnie Burton to fill the position. Staff requests Council approval to formally offer the job to Ms. Burton, subject to standard reference and background checks. t;.., . . Executive Summary - City Council meeting of May 8, 2000 Page 3 of3 Agenda Item #7E: A copy of Plymouth's Phosphate Fertilizer ordinance has been enclosed for your review. The LCEC has recommended that the City adopt a similar ordinance. Staff is looking for direction to prepare a Shorewood draft for further consideration at a study session in July. Agenda Item #8A: This resolution accepts bids and awards contract to Pearson Brothers, Inc. for the joint bituminous sealcoating project for the cities of Shorewood, Tonka Bay and Excelsior. Pearson Brothers completed the City's sealcoating projects last year and received compliments form residents and City Staff for a job well done. The total amount of the joint project is $119,491.66. Agenda Item #8B: This motion authorizes the expenditure of funds not to exceed $22,000 for the inflow and infiltration reduction project. Visu-Sewer Clean and Seal has consulted with Public Works Staff and has provided a schedule of unit costs for the project. Staff is recommending approval of the motion to authorize. the expenditure of funds. ' Agenda Item #8C: Staffwill be discussing the bids received and the finance plan for the Freeman Park Multi-Purpose Building (Eddy Station). I . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 22, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES f\ 1. CONVENE CITY COUNCIL MEETING {) Mayor Love called the meeting to order at 7:05 P.M. A. Roll Call Present: Mayor Love, Councilmembers Lizee, Stover, and Zerby; Dionne Benson, of Larkin, ,Hoffman, Daly, and Lindgren LTD., sitting in for Attorney Keane; Planning Director Nielsen; and Public Works Director/Engineer Brown Absent: Councilmember Garfunkel B. Review Agenda Mayor Love read the agenda for the meeting. Director Nielsen requested two items be added to the agenda. First, add Item 7B, Making a Permanent Appointment for Don Swandby, as the Liquor Manager. Second, Add Item 7C, A Resolution for a Conditional Use Licensing Agreement for the Year 2000 for Parcel Level Mapping with Hennepin County. Lizee moved, Zerby seconded, approving the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of May 8, 2000 Lizee moved, Stover seconded, approving the City Council Regular Meeting Minutes of May 8, 2000, as amended on Page 4, Paragraph 1, Sentence 2, change "within fifty feet of the matter to be burned," to "within fifty feet of any structure." 3. CONSENT AGENDA Stover moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-048, "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor & Special Sunday Sales - Minnetonka Country Club." B. A Motion Adopting RESOLUTION NO. 00-049, "A Resolution Approving Intoxicating Liquor License Sunday and Club for the American Legion Post #259." -11 ;l f} CITY COUNCIL REGULAR MEETING MINUTES- MAY 22, 2000 Page 20f6 C. A Motion Approving a Party Registration and Permit Request for a Block Party on June 9, 2000, from 6:00 - 10:00 P.M. for Susan Ewald, 27905 Noble Road Cul-de- sac Area. \ D. A Motion Adopting ORDINANCE NO. 363, "An Ordinance Amending Chapter 702 of the Shorewood City Code Relating to Horse Stable Permit Fees." E. A Motion to Approving an Agreement with Lake Restoration, Inc. for 2000 Inspection Program of Christmas Lake. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor. 5. PARKS - Report by Representative . A. Report on Park Commission Meeting Held May 9, 2000 Commissioner Puzak reported on the matters considered and actions taken at the May 9, 2000, meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING -Report by Representative Commissioner Bailey reported on the matters considered and actions taken at the May 16, 2000, meeting of the Planning Commission (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving the Final Plat for Country Club Meadows and Authorizing Execution of a Development Agreement Director Nielsen updated the Council on this matter. He noted there had been one change from the . preliminary plat in that the outlot had been removed on the final plat. With that change, the final plat still remains consistent with the preliminary plat previously approved. A development agreement had been drawn up including provisions for park dedication, wetland protection, and water charges. Director Nielsen noted a petition had been submitted requesting one half the water charges be assessed to the lots, and the other half being paid as part of the final plat requirements. Engineer Brown explained the plat had been reviewed in great detail with regard to the issues of alignment of the roadway and drainage. He happily reported the applicant's engineer had realigned the roadway to incorporate the 25 mph design speed. Engineer Brown also noted the residents in the area had been concerned with drainage patterns surrounding this property. He explained he met with the neighbors to reassure the neighbors that the drainage pattern between Smithtown Road and the pond will be maintained with this plat. He also added the applicant's engineer did a great job of balancing the drainage issues on this project. CITY COUNCIL REGULAR MEETING MINUTES- MAY 22, 2000 Page 3 of6 Also, Engineer Brown stated there are a number of conditions recommended as part of final plat approval. They are as follows: 1. Plans and specifications shall be completed by the applicant's registered professional engineer in accordance with the City Engineer's review and approval for construction of the grading, drainage, and public improvements for the project. 2. The grading plan shall be revised to include a drainage swale or storm sewer system that provides positive drainage from the north pond to the south pond. 3. All ponds shall be designed and denoted with an emergency overflow elevation. 4. All building floor elevations shall maintain a 4.0-foot vertical separation from observed groundwater elevations. 5. The cross culvert on Smithtown Road shall be replaced with an I8-inch diameter reinforced concrete pipe as part of the project. . 6. The applicant's engineer shall provide a detour route and signing plan as part of the plans and specifications review process. Said plan shall include provisions for a 3- weekday advance warning of the proposed detour. Engineer Brown noted he had explained to the applicant's engineer, Scott Dahlke of Quality Site Design, that the detour route plan needed to be in place before beginning of construction. The improvements needed as part of this plat will require Smithtown to be detoured. He also noted the Minnehaha Creek Watershed District had approved the Grading, Drainage and Erosion Control Plans for this project. Councilmember Lizee questioned the anticipated length of time Smithtown Road would need to be closed for this project. Engineer Brown stated he believed it to be at least two days. . Also in question by Councilmember Lizee, was the matter of proposed lighting for the project. The project engineer, Scott Dahlke, then questioned the responsibility of this issue. Engineer Brown explained it is the developer's responsibility to provide this plan. Also, Engineer Brown questioned Director Nielsen if a lighting plan had been submitted to the Planning Commission as part of the preliminary plat approval process. Director Nielsen reported no lighting plan had been submitted and this issue of lighting would require a public hearing on the matter so that neighbors within five hundred feet could be notified as per City policy. He stated this lighting plan needed to be in writing from the developer. Councilmember Stover stated she believed this lighting plan needed to be part of the final development plan. Director Nielsen stated this was true, however, he was not sure it was necessary to delay final approval for this lighting plan. Councilmember Lizee asked whether non-phosphorus fertilizers had been recommended. Director Nielsen responded it was part of the recommendations from the Watershed District. Councilmember Lizee questioned the name of the proposed street. Scott Dahlke responded the actual street name had not been checked by the County. Councilmember Lizee noted there is another street with the same name within a mile from the proposed development and suggested changing the name in CITY COUNCIL REGULAR MEETING MINUTES- MAY 22, 2000 Page 4 of 6 the proposed development. Engineer Brown also noted it would be wise to change the name from a public safety standpoint, so that emergency vehicles would not be confused in trying to locate the property. Lizee moved, Zerby seconded, adopting RESOLUTION NO. 00-050, "A Resolution Approving the Final Plat for Country Club Meadows and Authorizing Execution of a Development Agreement for Country Club Meadows." Motion passed 4/0. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Robert and Mary Fayfield Location: 6005 Christmas Lake Road Stover moved, Lizee seconded, adopting RESOLUTION NO. 00-051, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet for Robert and Mary Fayfield, 6005 Christmas Lake Road." Motion passed 4/0. 7. GENERAL . A. Motion to Adopt a Resolution Approving Election Judge Compensation Rates Director Nielsen stated staff believed election judges for the City were deserving of a increase in compensation rates. He also stated election judges put in long hours for important work and believed the rates would now be comparable with that of other cities. Stover moved, Zerby seconded, adopting RESOLUTION NO. 00-052, "A Resolution Approving Election Judge Compensation Rates." Motion passed 4/0. B. Appointment of Don Swandby to Liquor Manager Director Nielsen reported on this matter noting the Liquor Committee believed Mr. Swandby had been doing a very good job in this position. . Zerby moved, Stover seconded, approving permanent appointment of Don Swandby to the position of Liquor Store Manager, and making retroactive payment of this position to December 13, 1999. Motion passed 4/0. C. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Execute a Non-Disclosure Agreement with Hennepin County Stover moved, Lizee seconded, adopting RESOLUTION NO. 00-053, "A Resolution Authorizing the Mayor and City Administrator to Execute a Non-Disclosure Agreement with Hennepin County." Motion passed 4/0. . . CITY COUNCIL REGULAR MEETING MINUTES- MAY 22, 2000 Page 5 of6 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Adopt a Resolution Accepting Bids and A warding a Contract for the Vine Hill/Covington Road Project Engineer Brown was very pleased to report the bid was lower than the proposed engineer's estimated bid for this project. He also noted Hardrives has done a number of projects with the City and has been found to be a very reputable contractor. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 00-054, "A Resolution Accepting Bids and A warding a Contract for the Vine Hill/Covington Road Project." Motion passed 4/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Director Nielsen reported the City is still working with four potential appraisers to find one able to appraise this property. He noted appraisers are very busy this time of year and hopefully one will be available by the June 12, 2000, Regular City Council Meeting. 2. Skate Park Director Nielsen explained modifications to the sketch plan were being made to the proposed Skate Park, and the Park Commission would be reviewing those on May 23, 2000, at the Park Commission Meeting. 3. Freeman Park Multipurpose Building Engineer Brown reported bids are due on this project within the next two weeks. 4. Report on May 9, 2000 Meeting With Residents Regarding Proposed House Burning on Island View Road Director Nielsen reported the Fire Department had decided not to proceed with the scheduled bum in this neighborhood, as they believed the residents' concerns were valid. The City will be working with the Fire Department to enhance the current notification procedure for proposed house burnings. Mayor Love also noted the scheduled dialogue between City residents and the Fire Department did not take place. The Fire Department made the decision not to proceed with the bum prior to the scheduled informational meeting. 5. Status of Search Firm search There are three firmsto submit proposals by June 1,2000. These proposals will need to be reviewed in a work session format on June 12, 2000. CITY COUNCIL REGULAR MEETING MINUTES- MAY 22, 2000 Page 6 of6 . , . i 6. Annual Appreciation Party . Director Nielsen will report on this matter at the June 12,2000, Regular City Council Meeting. B. Mayor & City Council Director Nielsen reported on the demolition project scheduled for 4812 Ferncroft Drive. He noted the property owner had been given three additional months by the City to begin demolition of the property. When this was not completed, the City began proceeding with enforcement of the court order for demolition. At the request of the Court, another hearing was scheduled with the property owner. The property owner was not present at the hearing and thus, the demolition will be taking place this week. Councilmember Zerby requested an update on the status of the visioning process. Proposals should be available sometime in early July, 2000. Director Nielsen reported, in response to Councilmember Zerby's question, the billboard matter on County Road 19 is being handled through the League of Cities Insurance Trust. . Mayor Love reported the five cities have a verbal agreement related to the Joint Powers Agreement. He noted there will be a Joint Powers Agreement; it is just a matter of what cities will be part of the Agreement. The next meeting for the Fire Department Review Committee will be May 31, 2000. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting at 7:52 P.M. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator l>' ! . ," CITY OE SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474"3236 FAX (952) 474-0128 . www:ci.slt6rewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: I Brad Nielsen DATE: 7 June 2000 RE: Sign Permit - Virginia Highhmds \. FILE NO.: 405 (Sign Petmits) '. The Virginia Highland Homeowner's Association has requested a sign permit to replace their exIsting monument sign, located at the southwest comer of the intersection of Smithtown Road and'Lake Virginia Drive (see Site Location map - Exhibit A, attached). The new sign complies with the requirements of the Shorewood Zoning Code in terms of height and area. Based upon the property survey provided with the application (Exhibit B), the existing sign is located partially within the right-of-way f<;>r Smithtown Road. This II!ust be corrected with the construction of the new sign. It must be no closer than five feet from either lot line. Since the sign will be located on private property, the Homeowner's Association must provide evidence of the property owner's written permission, or the existence of an easement allowing the sign to be placed in that location. It can not be located in the public right-of-way. ' Subject to the HOAobtaining the property owner's approval, it is recommended that the, sign permit be approved. Cc: Tim Keane Larry Brown Jean Weiss ft ~., PRINTED ON RECYCL.ED PAPER .3A ..k Q ( ~ ..k ..k .l.: ..k .l.: .l.: ~ .l.: ..k ..k ..k .l.: ~ ~ .l.: .l. .J. ..k ~ N CI F ~ITY OF CI- 200 . 0 200 400 Feet I J Exhibit A SITE LOCATION Virginian Highlands Sign Permit 1 '''11" .,:: S3Cl:J\f 'G6'O V 133il ]~VnOS ZLOOt I NOllUOCltf SON'v'lH~IH VINI5>8IA !~ ~J018 · ~ 101 :NOI.Ld~jS30 1'v'~31 tOOl: . I "~I' OOIlZ 4gz, "RlcIV .,. 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"" S..Y~7 .. .y", ~ '" ..~ .. o iii N o .L1c:I~;j , t 107 --- -.--- - - g'S'6 -.-- --- 3 .,f;J ,gfrot B N NM 01 H l/:VN.:S IGJ \ii'Q..t1 . z o Joooooool ~ U o ...::I Z {.!j Joooooool 00 ~ ~ ,:QOO ......0 ;E~ ~~ u:l~ c:: ;c::: Icl IJj .. ~ " " ~ ~ 9J ...... ..... ~ J ']8" ~ 2. '~Ih;"~) "'dt:r1 p,& 0..... "'d8: 0..... C"'-lCl t;rj ~ ell Joooooool 'i') Z ", , ~~ '-. ...-.~. ~o" . - \. ... ......~. VIRGINI HIGHLAND O . ~5b~~' 'flt"f1='\,-:--r..:. ." :;;:'"' :,1:.- -:': -- .-:: . _ . ;;eo, :. .f'- ,..t'V...~. .' .:..- .. .~. ;.;........_.-......"'_ ...:l. ~'::::o:~;~,. \ '\, "<';~, \ 'C;'{{', '_.' '\~ -- ~ /-=-; --/. ,91/ II t. . ,. ,;' c:::'.. . ,,/'ft; I'j .e... f' /~I 'V~ ~Cap , il l/~ . el Plate ,; ; 4 II '56 I \J t,l C;\-::}{'r-J 4" High=-~ ~ Letters . j 1 li. ' ~t.~~p~ / ~ ,"(J~ II) il,.);.... ~ ,1.;;utJ \JJ' 'J.N' ~. /i. >. .~,(; \ 'IV \\ I,,~.,,~!l. J \j !i'll i \l J I\,~ ,. ij'I) \ .\i. 1, f /,,\. . p; \\(:.j *,v . " ) \J~'\i ~}" I' ",.J,; l~) \, ," I}. I ~ 1\ \J~.I s) /! It. 1\[." \ pj \.:Iv.r ,fe" '. ,', "~I j".I\ I. i' " \:.1 ). . ,\ ..t-.....L - --,_.~-+..Jc...:.._ I I '--.... ~ .,,~__\;r"""-~j.:'" \.I , .1i . ;' \J ~-,..- , . ,'1' }.).; ,- '. ," I. ',. j,.. 1 1"" ./\.....;1.".1 .i..rr ~l'j"fJ JI~ rl r xr :,;J I )J."I I,-',L.G~ 1<':::;-. JV t......;I . " . . , CITY OF SHOREWOOD MEMORANDUM. . TO: Mayor and City Council FROM: DATE: : Brad Nielsen 9 June 2000 RE: Veien"Richard and Clapp, Gene - Appeals for ExteIiSion of Deadlines on Notices to Remove' FILENO~ Property (5920 Glencoe Road and 6050 Chaska Roa~) . Mr. Veien and Mr. Clapp were sent Notices to Remove for violations of the Health and Safey Provisions of Shore wood's municipal code (see attached Notices - Exhibit A and B). Both property owners have requested extensions of the deadlines for compliance with , :the notices (see Exhibits C and D). The properties in question have been inspected and both are considered to have had '. considerable effort made toward compliance. It is recommended that both appellants be given until 12 July to bring their properties into compliance with the Code. Any violation found to exist thereafter will either be cleaned up by City crews (at the owner's expense) or turned over to the prosecuting attorney for further legal action. ' If you have questions relative to this matter, please do not hesitate to contact me at 474- 3236. ' Cc: Tim Keane Richard Veien Gene Clapp n '-~ PRINTED ON RECYCLED PAPER :II "!J ~ l CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 .. FAX (952) 474-0128 · www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us DATE: 8 May 2000 TO: Richard Veien .5920 G1encoe Road Shorevvood,~ 55331 PROPERTY LOCATION: 5920 Glencoe Road PROPERTY IDENTIFICATION NO.: 34-117-23-31-0021 NOTICE TO REMOVE Offensive and Unhealthv Substances . NOTICE IS HEREBY GIVEN .that there .exists a condition on the above referenced property vvhich is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy.of vvhich Section is enclosed. The offensive matter to be removed from the property includes. but is not limited to the following: .. . UNLICENSED AND/OR INOPERABLE VEmCLES OR EQUIPMENT: Lie. No. YAC0220I, orange dump truck, expired license and registration Lie. No. 132-DYN, blue Honda, expired license and registration Lic. No. DNA-486,. tan car, expired license and not registered to current resident . 'OTHER: Approximately 70 cubic yards: brush, lumber and rotten logs. Approximately 35 cubic yards: inoperable canoe, inoperable bicycle, truck topper, bricks, blocks, timbers, tank, pails, pool truck box, cage, pipes, barrels, tub, fencing, reinforcing wire, metal decking, old chipper, motor cycle parts, barrel on stand, wood platforms and similar miscellaneous. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at tlie Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. n tJ PRINTED ON RECYCLED PAPER E.)(~,'o,t- A / // /.1 , . 'CITY OF SHOREWOOD. 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us.. DATE: 8 May 2000 TO: Gene & S~dra Clapp 6050 Chaska Road Shorewood, MN 55331 .. PROPERTY LOCATION: 6050 Chaska Road PROPERTY IDENTIFICATION NO.: 34-117-23-43-0002 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01ofth6ShorewQodCityCode, a copy of . vvhich Section is enClosed. The offensive matter to be removed from the property includes, but . is not limited to the following: . . . . OTHER: . Approximately 50 cub~c yards or. brush, lumber and rotten log's. Approximately 100 cubic. yards; pallets, metal siding, plYWOOd, lumber, doors, tires, fencing, ca~dboard, barrels, humidifier, pipes, pails" exercise equipment, windows, fencing, concrete blocks, old demolished metal building; truck toppers, old dilapidated shed, newer shed 9' X .1.0', debris (wood, trash, junk, brush, leaves and soil) pushed into piles, over slopes and into wetlands, brush, pots, oil tanks, chair parts, concrete', child I s desk, cans,. logs, poles, beams, bath tub, desk, sink, plumbing and heating pipes and' similar miscellaneous. You are hereby required to remove the above-described matter and any other offensive matter located .on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may fue a written notice of appeal at the Shorevvood City HaIl within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. n ~~ PRINTEO ON RECYCLEO PAPER E-)C~ibi+ e Richard Veien 5920 Glencoe Road Excelsior, Minnesota 55331 May 19,2000 Mr. Brad Nielson City of Shorewood 5755 Country Club road Shorewood, Minnesota 55331 Dear Mr. Nielson, , .' On May 9 of this year, I received a notice from the city of Shorewood instructing me to . remove a large amount of brush and other things from my property. Since that time, I have been working to comply with that order. I have made a lot of progress in doing this, but I have not been able to complete it. The brush has been mostly disposed of, and will be within a few days. I will be able to haul away the metal objects cited also within a few days. The bricks, blocks, timbers, wire, pipes, etc. will also be properly disposed of or stored indoors. The truck box has been advertised in the Sun, and I'm hoping for a response soon. Would it be possible for you to grant me an extension in the time allowed for this task to be completed? I have been diligent in trying to finish this task, and I am actually grateful for having been provided the motivation to take care of this problem. I have already spent over $700 in rentals, disposal charges, etc. I have also purchased a home wood chipper to complete the brush removal, and to provide a means to prevent future brush build-ups. But, this is an enormous task, and I am trying to do it myself. . . My intentions are good, but I simply need more time to comply completely. I have one other question. One of the things cited to be removed is my orange dump truck. I was told that it was not allowable to park commercial vehicles on residential property. However, even though this type of truck is often used for commercial purposes, my use of this is strictly personal. The truck is not insured as a commercial vehicle. I use it only for projects around my own house. My intention is to use it fairly often this summer, and then to sell it this coming fall or next spring. Would it be possible for me to keep this vehicle through this year? Thank you for your attention to this matter. Sj~w!er IY,%) t;r ," /l .' f~'. , '. Richard Veien Exh,~\~ G " ~ (\~ ~ ~"' ~ '" ~ ~ J \)"~ ~ .( ~\0 \ f 1e J~ . '-.. ~~ ~~ .~ ~ . ~ ~ .~ ~ .~~~ \> \9 ~ ~~ . <' ~~ ~ ~ if'. ~~ ~.'~~ ..~.J. .~ o -t- . - ~ . , ~ ,)t ~ .. ...... . _. . .....~".: .~...;:~::' .~.::~:~::~::~ ~~:h:: -:.: ~.~ ':'~~:.:: ~.:~ ~~_:__~:~=_'~_ '~~~..~_=.~". "i" :.'::~.::.~= ~'~:' . ~..-::.- ~;: - :.- : . - _. .. __ ."_. _: ':'.~-~'::.~:.~~.. ._~_~f.'..'_ .,... .:.'_ __. . . . ~.,,:..,., .. .. - . _._ ~ _ ~_ .._:___=~:__ ~~~.: _' ~.~~::'..:. :: ~-=.:..~ . ~ .~'..:.;:~:~=~::.:~.:.~~=:.:.:::~.:::=~-:-::-=-~::-;~~w_.=:..:::?_-::~_: :_:~ :~~='.:::'._:;.~~::~.:_~:~::==::;:::=::::.:': . . . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, MAY 23,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:00 P.M. MINUTES DR PT" ..... t 1. CONVENE PARK COMMISSION MEETING Chair Arnst called the meeting to order at 8:00 P.M. (This followed the annual tours ot" Uld HIghway I Rest Area, Manor Park, Silverwood Park and Badger Park.) A. Roll Call Present: Chair Arnst; Vice-chair Themig; Commissioners Dallman, Bix and Young; Director of Public Works Larry Brown, Council Liaison Zerby and Acting City Administrator Nielsen. Absent: Commissioners Berndt and Puzak B. Review Agenda Themig moved, Dallman seconded to approve the agenda. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of May 9, 2000 Themig moved, Dallman seconded to approve the minutes as submitted. Motion passed 5/0. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meeting of May 22, 2000 Council member Zerby reported that City Council approved the bid for the Vine Hill Road/Covington Road trail. Construction is anticipated to start in July. Residents will be notified. Council has received a letter from a resident regarding the Skate Park stating their opinion that the rest area is a poor choice. Larry Brown reported that Freeman Park Multi-Purpose is out for bid and the bids will be opened on June 7th. #511- PARK COMMISSION MINUTES MAY 9, 2000 - PAGE 2 B. Report on Park Foundation Meeting of May 18, 2000 Commissioner Dallman reported that there were about 6 Park Foundation members in attendance. They went over the brochure and talked about starting a fundraising policy. They did not talk about a buy-a- brick program. This will be on the next agenda. There was discussion among the Foundation members regarding the user fees for the sports organizations. Commissioner Dallman explained to them that the Park Commission would be meeting with each of the sports organizations regarding the user fees later this summer. Commissioner Arnst asked if the Foundation has received any contributions as a result of mailing the brochures. Commissioner Dallman reported that he did not know, as the Foundation Treasurer did not attend the meeting. Commissioner Dallman will also find out who is checking the P.O. box and phone messages. Dallman stated that brochures were handed out to baseball and softball representatives for them to distribute to their players. Acting Administrator Nielsen suggested that giving some of the brochures to the Rotary and Chamber might help. Commissioner Themig mentioned that the next Park Foundation meeting could include discussion about identifying some events they could attend to solicit donations. The field dedication would be a good one to attend. It was decided to put a discussion of community events on the June 13111 Park Commission. . c. Response to Adopt-A-Brick Program This will be on the next Park Foundation agenda. 5. REVIEW "TO DO" ITEMS FROM PARK TOURS During the tour of the parks, the following items were found to be in need of attention: Manor Park . Repair gully at end of black top. . Playground sign needs to be painted. . Silverwood Park . Remove tree stump by big slide. . Paint white line on the backboard at tennis court. . Check on the sign for the green pole at the entrance of the trail. . Put the post back up at the entrance of the trail. Badger . Paint the trim around the door of the warming house and the plywood on the cage. . Electrical connector on the light pole is loose (furthest from the fire hydrant). . Litter on the side of the hill. . Bush needs to be removed (next to the enclosed cage on the warming house). PARK COMMISSION MINUTES MAY 9, 2000 - PAGE 3 6. REVIEW LETTER TO SMITHTOWN WEST NEIGHBORS Commissioner's Arnst and Themig presented a draft letter to go to the Smithtown west neighbors. Commissioner Themig explained that a response card would be included and would basically be a comment card asking if the property owner supported a trail. Council member Zerby suggested that the letter should give a little more history for those residents that are new in the area. The letter and comment card will only be mailed to the residents on Smithtown Road west of the LRT trail. Engineer Brown suggested asking the question on the card, "who is interested in a trail." Then it gives a tool to get a name and address as to who is interested and they can be approached to see if they are interested in donating their right of way if need be. Also, the letter should explain that the Park Commission is at a point where there needs to be neighborhood support or the Park Commission will have to move the trail resources to another neighborhood that is actively supporting the project. . It was decided to change paragraph three, fourth sentence to "At the open house, attendance was low and several residents spoke in opposition to any trail segment along Smithtown." On the comment card it will ask if they support a trail segment along Smithtown or no they do not support a trail along Smithtown. The card will also include name, address, phone number and a comment section. Postage will be put on the comment card for the residents to mail back. Acting Administrator Nielsen said that the letter and comment card would have to go to City Council for their approval. 7. SKATE PARK A. Discuss the "Seasons" visit Acting Administrator Nielsen explained the new plan of re-routing the traffic, which were concerns stated at the open house. The plan also shows the trail relocated. Commissioner Themig asked if any of the parking spaces were handicap accessible. Nielsen said there could be one handicap parking spot with the other parking spots being 9 feet in width. . Nielsen also explained that the new design is a poor plan in terms of traffic flow and crossing movement. Engineer Brown commented that there is a tendency to pull into the first entrances available. Commissioner Themig asked if it could be more of an island instead of a road, which may prevent more vehicles from going into the Seasons. Acting Administrator Nielsen explained that he is trying to save the existing trees. Engineer Brown added that an island would be an inconveniencing those who live at the Seasons. Traffic is one issue that the Seasons residents are concerned with. B. Update on Tonka Bay Nielsen explained that he has. no update. He tried to get a hold of Councilmember Judd Mowry since he is the one that made the comment that Tonka Bay is not interested. Nielsen noted that he is not sure if this is the official position of the Tonka Bay City Council. Commissioner Bix asked about the rink at Manitou Park. Commissioner Themig explained that the Park Commission is not sure if there was an actual commitment by Tonka Bay. Judd Mowry stated to PARK COMMISSION MINUTES MAY 9, 2000 - PAGE 4 Commissioner Arnst that the Tonka Bay City Council has not formally discussed the site. Council Member Zerby also explained that Judd Mowry had brought up the expense of asphalt and the storage of the equipment. It was thought that the site could be done with minimal changes. Commissioner Bix feels that the rink would be a better site. Commissioner Bix asked if there was a summary or report from the Youth Coalition. She added that being new on the Commission, she hasn't seen or heard a lot of support for a skate park. Commissioner Arnst explained that there were several boys, Commissioner Puzak, Jim Hurm, and a group of people from the surrounding communities that began meeting about three years ago. She was not sure if the group has been meeting lately since a site has been found. Commissioner Bix explained that she is not sold on the site. There is a lack of access. She has seen kids crossing over the barrier on Highway 7, rather than using the corner to cross. Commissioner Arnst stated that she does not want to bounce this project from one neighborhood to the next. She supports the Skate Park at that site. Commissioner Arnst said she had concerns about the Commission revisiting this matter to such an extent and second-guessing the hard work of the Coalition . without Commissioner Puzak present. She challenged anybody to come up with another piece of blacktop in the 5 cities that was suitable. Badger Park was one area that was brought up. Commissioner Themig wonder if there is an artificial float that can be put down. The equipment could be placed each spring and taken down in the fall. Commissioner Themig explained that he didn't want to go back and forth with this either, but that he wasn't involved in any of the consideration of sites. He has concerns about the visibility of the current site. He explained that perception of the Skate Park being at Badger is more visual because there is more traffic on Country Club and County Road 19, and there is more activity around Badger Park as well. Commissioner Arnst asked why there was a need for visibility. Commissioner Themig explained that because of the type of activity, he feels there should be visibility. He stated he wasn't sure what would be going on and that he didn't want to predict it. Commissioner Themig reiterated that the kids that may cause problems are a very small minority. His main concern is visibility. Commissioner Young stated that the residence of the Seasons were appalled that the Park Commission . would even think of considering a Skate Park without providing supervision. He thought that the Park Commission might be getting a letter from one of the residents to this effect. Commissioner Young went on to explain that the resident recently contacted the City of Chanhassen and they spoke of problems with destruction of the satellites. As a former teacher Commissioner Young can't imagine the kids well controlled without supervision. Commissioner Young recommended that the Park Commission contact Chanhassen. Commissioner Themig reiterated that the kids that may cause problems are a very small minority. His main concern is visibility. Commissioner Arnst explained that she has contacted Todd Hoffman from Chanhassen and he feels that it is the best dollar that they have put into their parks. Todd Hoffman explained that they did have some problems with litter and vandalism which they have taken steps to resolve. It was mentioned that the Manitou site is a lot closer to a senior housing residence than the site that is being looked at now. Commissioner Themig expressed that he would have the same concerns whether PARK COMMISSION MINUTES MAY 9,2000. PAGE 5 . " the Skate Park is at another area or at the rest area. He is not totally convinced that there is not another site. Other possibilities were suggested, including the basketball court at Silverwood. Nielsen explained that the City of Roseville has an ice rink that they paved and painted white. He also talked to Leah Wyker, who works with parks and recreation in Mound. She stated that set-up and removal is hard on the equipment and after two years they had to replace some of the equipment. She also said that the Skate Park has been successful and that they are going to build a permanent facility. Commissioner Bix expressed concern about accessibility to the Highway 7 site and said the issue of how the kids will get there hasn't been addressed. Specifically there is the problem of park users cutting through the Seasons. The problem may only increase with the pathway at the Seasons. It was suggested that the Park Commission needs to look at another activity area or possibly turning a tennis court into a skate park. Commissioner Themig said he feels that Shorewood is taking a lot of responsibility and that the other cities are not participating in helping to provide a skate park. . Engineer Brown stated that he is hearing two things: 1) Go back and start at square one or 2) Find out through other City Councils if there are paved areas that the Commission is not aware of which could serve as a skate surface. Commissioner Young asked about the tennis courts at Manor Park. He walks that route and hasn't seen the courts being used there. He asked if there was any idea as to how frequently that court (any other court) was used. Engineer Brown said that if you were to rank the courts Badger is the most used court, then Cathcart and then Manor. He further went on to explain that Manor has been characterized as a quaint little neighborhood park. . Commissioner Bix thought it would be useful to know the demographics of the age group likely to make use of a skate park. It was suggested that maybe school property, such as Minnewashta School (close to the LRT), or Excelsior Elementary would be a possibility. Nielsen explained that the further west you get, the notion for it to be a South Lake facility is not close to any of the other cities. Excelsior parkland was also suggested. The first place the coalition went to was Studer Park. The Studer family donated the land to Excelsior and they did not want a skate park there. Commissioner Themig explained that he doesn't want to undercut all the work that has been done and he realizes that this is what is happening. He expressed that he felt bad that Commissioner Puzak wasn't able to attend this meeting to participate in the discussion. At the last meeting it sounded like Commissioner Puzak was open to explore the best site. Commissioner Bix stated that she could sympathize with working for three years to try and find a location and then this comes up. The site has all the criteria but there are these other issues that doesn't feel right for a skate park. Although size of the Highway 7 site is not a problem, access is still a concern. There was further discussion on other potential locations and Shorewood's role in providing a community-wide amenity for youth. Commissioner Arnst explained the background of the Youth Coalition. She said Commissioner Puzak took the leadership and has a very strong commitment to the youth. Commissioner Dallman wondered if representatives from all 5 cities should get together and look at other potential sites. He said he feels that Shore wood is taking on Excelsior's problem. Commissioner PARK COMMISSION MINUTES MAY 9, 2000 - PAGE 6 Dallman agreed with Commissioner Bix regarding the danger of kids crossing the highway and jumping the barrier. He would prefer using a tennis court, hockey rink, or another park location. . , Councilmember Zerby was asked if he had talked to the Council regarding the skate park. He said that he hasn't talk to any of the Councilmembers but feels if there are a lot of opposition, it is hard to go against. Commissioner Themig reiterated his concern at the visibility of the Highway 7 site. He also has concerns regarding high traffic location, and easy access. Commissioner Arnst stated the Park Commission needs to wrap this up and figure out what the next step will be. Nielsen recommended that the Park Commission should take a look at all the master plans for the parks and review the choices. He suggested they put together the pros and cons of all the sites Commissioner Bix would like to hear from other cities that have skate parks to obtain more documentation. It was asked if Nielsen could contact Leah Wycker of Mound or Todd Hoffman of Chanhassen and meet with one of them before the June 13th Park Commission meeting. The Park . Commission will meet at City Hall at 5:30 p.m. and car pool from there. Commissioner Arnst asked Nielsen how long it would take to get the park maps. Freeman is remote from the other South Lake communities, which we are trying to get contributions. It was explained that DeephavenlGreenwood are supportive of a skate park. It was questioned if DeephavenlGreenwood have been approached for area? The idea of a skate park originated from Shorewood, kids came to Shorewood first, and some of the kids live in Shorewood. Commissioner Themig asked Acting Administrator Nielsen to contact some other communities to see if they have any reports that could be included in the next Park Commission meeting packet. He suggested it should be parks that will have the same equipment size. Commissioner Young thought that the parks would have the same problems, it wouldn't matter about the equipment size. It would be more like behavioral issues, traffic issues. It was explained that over 3 feet you have to have supervision. And over 3 feet attracts the older kids, different audience. 8. CONSIDER NAME FOR FREEMAN PARK STRUCTURE . It was expressed that the Park Commission liked Connie's idea on naming the Freeman Park structure "Eddy Station." They also liked the idea of a display inside the building as to the history of the name. Dallman made a motion to recommend to City Council to call the Freeman Park structure "Eddy Station" Young seconded. Approved 5/0. The Park Commission thanks Connie for her diligent research and her humor. It is well appreciated. 9. NEW BUSINES There was no new business. 10. ADJOURNMENT Themig moved, Bix seconded to adjourn. Motion passed 5/0. . r . . PARK COMMISSION MINUTES MAY 9, 2000 . PAGE 7 The meeting adjourned at 9:48 P.M. RESPECTFULLY SUBMITTED, Twila Grout RECORDING SECRETARY Page 2 Tuesday, May 23, 2000 Park Tours Done Manor Park . Playground sign needs to be painted . Need to fill corrosion with dirt next to where the plows go down to pond . Fill in the eroded holes on the tar section going down to pond "" Wayside Rest Area . The dead shrubs by the St. Albans Bay Circle sign need to be removed Silverwood Park . Paint white line on the backboard at tennis court . Check on the green pole for sign at the entrance of the trail . Tree stump (left side of big slide) needs to be removed "" "" Badger Park . Paint the trim around the door of warming house and the plywood on the cage "" . Shrub needs to be removed (next to the enclosed cage on warming house) . Connection is loose on the first light pole (furthest from the fire hydrant) .. ,. . . , l , . " '4 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood;mn.us. cityhall@cLshorewood.mn.us Date: June 8, 2000 To: Mayor and City Council Acting Administrator Nielsen Cc: May Bloomgren and Kary Carlson . From: Connie Bastyr, Communications Technician Re: Proposal to Name the Freeman Park Multi-purpose Building . , The Shorewood Park Commission is making a recommendation to Councilto name the Freeman Park multi-purpose structure, "Eddy Station." Following is an excerpt from my memo to th~ Park Commission which explains the process and reasoning for this suggestion. ' The word !'Station" is suggested because: 1. The park is partially bordered by the old railroad bed (LRTtrail); which "ties" in with the idea of a station. ' 2. A train station often had thesame multi-purpose use as our park structure will have; shelter, rest rooms, snacks, and resting area. 3. Many parks have "stations" along a walking/jogging path for various exercise activities; and in that sense the word is associatedwith physical activity and recreation. A few options for the name of the "station" were considered: . "Eureka Station" (because the park entrance is on Eureka Road), is logical and has a nice rhythmic sound. Yet it is historically confusing. because the real Eureka Station was nearby, but a separate entity from the Freeman Park property. . "Freeman Station" or "Park Station" are obvious possibilities, but lack imagination and historical significance. . "Shorewood Station" could work. (Boring) . "Bastyr Station" would not work. Then I remembered an interview I conducted in Fall of 1999 with May Bloomgren, a lifetime resident of Shorewood (86 years), who was born on that property. Her grandfather had homesteaded 160 acres (part of which is now Freeman Park) in 1856. I couldn't remember his name, but was hoping it was a name that fit well with "Station." Keep reading. This gets interesting. 1/58 ft ~J PRINTED ON RECYCLED PAPER j , .. . t *' After presenting the idea at a staff meeting, I was encouraged to research the name. Larry Brown found the property's abstract which revealed that Henry R. Eddy was the first to file a claim. "Eddy Station"?-not as quaint-sounding as Eureka Station; but it could work. The EXcelsior Lake Minnetonka Historical Society Files The next step was to investigate further any recorded facts or events that might verify (or eliminate) the selection of the name Eddy. With help from Betty Peck and the local history archives, some interesting points emerged: . There was once an Eddy School on Mr. Eddy's property which was moved to the site of the present Minnewashta School in 1894. . The summer kitchen from the Eddy house was moved to the western end of the property and donated as the clubhouse for the Minnewashta Improvement Club Company. (It still stands near Strawberry Lane and is a private residence.) . Henry Eddy's diary from 1855-1856 was recorded and on file. It portrays a hard- working 23-year old with foresight and community spirit. . . Here's the spooky part. An entry listed in a condensed recording of news clips jumped out: June 3, 1893"Mrs. C. B. Wann is boarding with Mrs. H. R. Eddy at Eddy's Station." -Northwestern Tourist and Sportsman This fact was confirmed in a map (date unknown, but very old) that Brad Nielsen has saved. On the quarter section once owned by Mr. Eddy are the words "Eddy Station." Enough said. I have attached a sketch of the park shelter with an adjustment to the original drawing-the "railroad-looking" sign above the door. One More Comment The "multi" in multi-purpose may increase by one more. Perhaps a small historical exhibit could be incorporated into the interior of the building to explain the source of its name and to provide . insight into Shorewood's early beginnings. P.S. Mr. Eddy's granddaughter Mrs. Bloomgren and great-granddaughter, Kay Carlson reside in Shorewood on the northeast comer of Highway 7 and Eureka Road. I have just contacted them and know that they would not object to this idea, and in fact, would be very pleased. (They say Henry would have been very supportive, as well.) .~ '. /.... . . .. . . May 23, 2000 Dear Smithtown Road West Neighbor: We are writing to discuss the status of the trail segment along Smithtown Road, west of the LRT. As you may know, the development of a trail segment along Smithtown Road West was identified in a trail planning process that has been underway since 1998. Potential trail segments such as this one were identified through input from residents. In 1999 there were several residents along Smithtown Road west of the LRT that expressed interest in a trail segment that would run from the western border of Shorewood to the LRT. We heard additional support during a trail walk that was held in the spring of 1999. One of the issues in constructing a trail segment along Smithtown Road was the status of the City's right-of-way. The City Council received a right-of-way study in March that determined where the City owns right-of-way or easements. The Park Commission held an open house on Saturday, Apri129, 2000 to present this information and discuss the proposed segment. At the open house attendance was low and several residents spoke in opposition to any trail segment along Smithtown. The Park Commission is at a decision point, and we need your input. Continuing the trail planning process for the Smithtown Road segment west of the LRT will require grass roots support. In addition to the right-of-way, other issues such as developing a design concept and funding must be addressed. This is a lengthy process that could take several years and citizen involvement is crucial to a successful outcome. Please let me know your thoughts by completing the enclosed card, or by calling the City's comment line at 952-474-3236. We appreciate your feedback. Sincerely, Shorewood Park Commission :ft5C- Smithtown Trail Segment LRT to Victoria Border Comment Card DYes, I support a trail segment along Smithtown o No, I do not support a trail segment along Smithtown Comments Name: Address: Phone: '. . J CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 16, 2000 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES DRAFT"'i CALL TO ORDER Chair Bailey called the meeting to order at 7:01 P.M. Present: Chair Bailey; Commissioners Anderson, Bailey, Boehm,Turgeon, Woodruff; Planning Director Nielsen; Council Liaison Lizee(arrival 7:20 P.M.) Absent: Commissioners Callies and Rosenberger APPROVAL OF MINUTES . Turgeon moved, Anderson seconded, approving the minutes of the May 2, 2000, Planning Commission Meeting as presented. Motion passed 5/0. STUDY SESSION 1. DISCUSSION ON SENIOR HOUSING . Current Code Provisions . Needs Analysis . Director Nielsen provided background on these senior housing issues. He stated there were questions regarding density allowances for senior housing in the City. Director Nielsen explained that currently the City has as its ordinance a density allowance of eight units per forty thousand square feet which seems to be too dense. He stated senior housing in development seems to be fashioned in a single level, cottage style project. He also noted that with this type of project, it appears quite cramped on a buildable site. Even under the bestofbuildable circumstances, it would appear that six units would be a more reasonable maximum. He provided three examples where he believed the Code provisions allowed, particularly in single family areas, density allowances for development that were too high. He suggested the Zoning Code be examined and, if need be, amended in this area. He also explained that to consider this change in the RIA and RIB districts would cause much consideration for any developer as the land price as well as utility costs, and site constraints would possibly become too expensive. Commissioner Boehm questioned the need for changing the policy in the R-IA and R-IB districts if it was deemed to be impractical. Commissioner Turgeon explained that if left as it is now, a developer could potentially purchase a large number of parcels which could cause problems. PLANNING COMMISSION MINUTES MAY 2,2000 - PAGE 2 t Commissioner Anderson suggested working with two units per forty thousand square feet in the R- 1A and R-IB districts as it seemed to be a better approach than complete prohibition. He also stated that even in that case economics would most likely become an issue for the developer. He also noted it appears to be a proportional number when compared with the other districts of the Zoning Code. Director Nielsen explained the purpose of different designations of zoning districts and explained that anyone can request to have a site rezoned as long as it conforms to the Comprehensive Plan which is similar to the Zoning ordinances. A brief discussion followed about the need for change in the R-3 zoning districts. These districts include multi-family residential districts, such as apartment complexes. While nothing in the City is currently zoned R-3A, the potential is always there, explained Director Nielsen. Thus, consensus agreed current density allowances in this district were believed to be too high as well, and a necessary reduction from ten units to eight units was considered appropriate. Anderson moved, Turgeon seconded, adopting the changes to the zoning districts as related to elderly housing as follows--R-1A and R-1B be reduced from four units per acre to two units per forty thousand square feet; R-1C, R-1D, R-2A, R-2B, and R-2C be reduced from eight units per acre to six units per forty thousand square feet; and R-3A, R-3B, and R-C be reduced from ten units per acre to eight units per forty thousand square feet. Motion passed 5/0. . Director Nielsen then explained two issues for consideration regarding the needs analysis portion of the Senior Housing section of the Comprehensive Plan. He questioned the potential need for an updated Needs Study as one had not been conducted since 1992. Also, consideration of a site survey seemed to be appropriate to determine which sites would be suitable within the City for senior housing. Chair Bailey asked for clarification regarding the purpose of a Needs Study as one had previously been done and obviously the nation's population was aging. Director Nielsen stated a Needs Study identifies sites in excess of three acres to be used for senior housing as well as its impact on surrounding neighborhoods, traffic patterns, utilities, and proximity to services-such as medical or business-near the potential sites. . Discussion continued about the cost and exact purpose of a Needs Study culminating in a suggestion by Commissioner Anderson to review other opportunities to participate in already existing regional housing studies rather than ask the City to endure the cost of such a study locally. Anderson moved, Woodruff seconded, updating the Site Analysis, but not the Needs Study and instead review opportunities as available to participate in regional housing studies of the same nature. Commissioner Boehm suggested clarification through the use of two motions on this matter. Motion withdrawn. Anderson moved, Woodruff seconded, updating the Senior Housing Site Analysis. Motion passed 5/0. \ ) t PLANNING COMMISSION MINUTES MAY 2,2000 - PAGE 3 Anderson moved, Woodruff seconded, the City should not update the Senior Housing Survey locally at this time, but should review opportunities as they arise to address Senior Housing needs on a regional basis. Motion passed 5/0. 2. DISCUSSION ON ACCESSORY SPACE PROVISIONS Director Nielsen provided history on the need for discussion of this issue stating it was the most routine action this Commission deals with on a regular basis. Much discussion centered on the importance of bringing structures to conformity with the current Zoning Code versus complete removal of Accessory Space Structures subject to the exact interpretation of the Zoning Code. Woodruff moved, Anderson seconded, approving Accessory Building Uses as amended. Motion passed 5/0. . 3. MATTERS FROM THE FLOOR There were no matters from the floor at this time. 4. DRAFT NEXT MEETING AGENDA Six items were slated for the next Planning Commission meeting. Further study sessions are expected to include discussion on garbage issues in June. Commissioner Turgeon noted the Commission is on track for reviewing issues as part of the annuual plan of goals and objectives. 5. REPORTS Chair Bailey reported on matters considered and actions taken at the May 8, 2000, Regular City Council Meeting (as detailed in the minutes of that meeting). . Commissioner Woodruff reported on matters considered at the Land Conservation and Environment Committee held May 9, 2000( as detailed in the minutes of that meeting). Commissioner Anderson noted the Lake Minnetonka Conservation District is holding a Public Hearing on May 24,2000, at 7:00 P.M. at the Tonka Bay City Hall regarding the Shorewood Yacht Club. 6. ADJOURNMENT Turgeon moved, Woodruff seconded, adjourning the meeting at 8:40 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary " . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . 'cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 1 June 2000 1m: Smithtown Woods (2000) ,,.,..Preliminary' Plat FILE NO.: 405 (00.11) BACKGROUND . Mr. Brian Ohland and Mr. Clint Carlson own tqe properties at 25895 and 25865 Smithtown Road, respectively (see~ite Location map - Exhibit A, attached). They propose to combine their lots and replat the property into. six, single-family residential lots as shown on,Exhibit B./It should be noted that the City has approved this request on two previous occasions. Background, analysis and recommendations relative to this proposed subdivision are contained in memoranda dated 1 September 19~4 and 30 March 1995. These previous staff reports are attached as Attachments I and II (copied in green). ANAL YSIS/RECOMMENDATION Two things have 9hang~d since the previous approvals of this request: 1) the City has adopted its Tree J:>reservation and Ref()restation :rolicy; and 2) City water has been provid~d in Smithtown Road. Based upon their previous approvals', the City has already assessed the property for six water connections. The recommendations included in the previous staff reports are still considered valid,. In addition to those recommendations, any approval of this plat should be subject to the following: #. . ;~J PRINTED ON RECYCLED PAPER 4I=-0/t- Memorandum. Smithtown Woods 1 June 2000 1. Plans for grading, drainage and erosion control are subject to review and approval by the City Engineer and the Minnehaha Creek Watershed District. 2. Utility plans are subject to review and approval by the City Engineer. 3. The final plat must include a tree preservation and reforestation plan, prepared by a registered landscape architect or certified forester. 4. The applicants are reminded that they must submit a complete application for a final plat within six months ofthe Council's approval of the preliminary plat. Once a final plat has been approved, they must record it within 30 days. 5. The platwill be subject to the following fees: . a. Park dedication: $1500 per lot (credit is allowed for the two lots with existing homes on them) b. Local Sanitary Sewer Access: $1000 per lot (credit is allowed for the two lots with the existing homes on them) c.Water charges: Previously assessed Cc: Larry Brown Tim Keane Brian Ohland . -2- ~I / l / - -... ...-- - / I I MnliTO~N RD r--- IBEI~Y / ~ - l~ ~ n$ I ...... I 9 / < / ~~ T7 LL~ -;Y vV' --- I 7 "'"'- / V ~ r-_ V >- / r--- 1>._____V':: J: / _ ~~..~~= /. WAY _ J :---\_~ ~ '1?~ h. - M~N~ ~ ~ ~~ O~ 1 ~ l~ ~ ~ l~ rc ~~ \ r \ \ 200 0 200 400 600 Feet I I I ReSI ~~ -~ ~ i-- i ~ lJl :': :)> I~ 51 su~ NY\ AU - \ I", U <Y ;: ~ \ g IA I NE'rSI~E Dlt 1--'-- l/ - .- ~ ~ N r--- - MA, - - - J"" ,.." ~ 1/ ("oJ. >J.~ ~ - - -[:-, ~~-i ~ c Exhibit A SITE LOCATION Smithtown Meadows - Preliminary Plat ~ / I ! ~ I .. I ~ / / / I ~ut /,,,. or t.he r SE~ or tire NE~ I'" '"". ....."-2. . , j, /99.0 _, \. ~-~;;~. Sf Jr. .,. t"_ Nt }if 4f ~'"". 32-(17-23 j1.Mlt. ~PPtOH +:~:".':", <.~ :' .:." J '. t- .. '. . 1'Iwt part 01 the Be . Tonahip 117, ....n.. I foll_:' ".innilll eh. ada., and Kcl tinn.~l~j . 8l. t , a1~, a.U':lfort1*-. ".1M. BOlitli' il.. of . thenc..btbwaterl diatana. of 75. f.et dear..a 06 .inut.a '.del a.nt.eo line i. , Sha4Tla..KalaorJ tt !at.ra.ction with . ..id Sout~at''''r . beeinnirii: .th.... ~ , be.innine. aecor-db : ~nt7, Mirin..ota. ALSo , . 'l'hat part of tb. 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I I I $fl:I.02 \ , \ ~-- . . l ~'I 4 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: . RE: , Srnithtown Woods - Preliminary Plat Review. ENG FILE: 0020 This 3.9-acre site is comprised oflots currentlyaddressed as 25865 and 25895Srnithtown Road. Refer to attachment 1 for the site location map. This plat has been reviewed previously. Conditions. from the previous engineer's report that remain current Will be included as part of this report. Right of Way, Easements and Access Control . . . ' I The applicant has proposed a 50-foot wide right of way for the curvilinear portion of the. plat. The right of way for the cul-de-sac is shown at 60-foot radius. This is consistent with the City's, code for subdivisions. . The plat reviewed for this report was revised from the previous versions to account for the City Engineers concerns regarding alignment of the roadway as it intersects Srnithtown Road. The intersecting alignment appears.to meet current standards for this type of intersection. The plat indicates that the two existing residents within the proposed plat have access from Srnithtown Road. It is recommended that these driveways be relocated to access the proposed cul- de-sac. . Grading and Drainage The site topography is fairly flat. The existing drainage tends to flow from the rear or south end of the plat towards the north where drainage enters the ditch of Srnithtown Road. #. t.J PRINTED ON RECYCLED PAPER ~ Srnithtown Woods Preliminary Plat Review June 3, 2000' Page 20f2 This plat is within the Minnehaha Creek Watershed District (MCWD) boundaries. 'Attachment 2 is an excerpt from Rule N utilized by MCWD to determine 01.1 site ponding requirements. Under the District's current guidelines, on site ponding and rate controL is not required for this plat, since it is less than 8 acres in area. This table represents the District's latest rule change for surface water management. However, the City of Shorewood still requires.. that rate control (a dry pond) is required as part of the subdivision process. Under the City's code and stotmwater management plan, the post-developed runoff rate shall not exceed the predeveloped runoff rate. The. applicant's professional engineer shall supply a grading drainage and erosions control plans complete with drainage calculations as part of the final plat review process. Sanitary Sewer and Watermain. . - . Sanitary sewer service is available to the site via a 9-inch diameter main located within Srnithtown Road. Municipal water service is also available to the site by a 16-inch diameter watermain within Smithtown Road. As part of this project, a trunk watermain is to be extended from Smithtown Road, through the cul-de-sac and between Lots 3 and 4 to the Hennepin County Light Rail Trail corridor. This will allow the City to continue the loop through Freeman Park, and ultimately to Shorewood PondsProject.:betails . of the watermaifialignment will be finalized as part of the plans and Specifications review process. ' . Staff is therefore recommending approval of the preliminary plat contingent upon the following conditions 1. The existing driveways for the two residents within the plat shall be relocated from Smithtown · Road to the proposed cul-de-sac, as part ofthis prqject. 2. The applicant shall provide the City with grading, drainage, and erosion control plans along with stormwater runoff calculations completed by a registered professional engineer by the State of Minnesota, which demonstrate that the post-developed runoff rates do not exceed the predeveloped runoff rates. 3. 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RUNOFF:QUALITY :j~,NR:RAr:.~ S9~:f:R9~~: :~~P.1$.; . :'~Np.~r~u.,~w,y,' , ::ANP:~~~::~9NT:R~I,::: )i~f!!P;$:",: ~ rt;A.~~~~t;: . . ..,........ . ..', ......... ........ . . :': ..Q~: p~ii ~ it.Y: c,a.1C'q.latrq.~::l : :b,:as.ed"o'i'j :.tQt~r:.s.J~;~;area:in.ctiJp it! ~,.cl~;d!.~a~~d. are.~~.. PlAT AREA Attachment 2 http://www.rninnehahacreek.org/Permit_Rules/images/RULEN2.gif , . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . RE: Cunningham, Robert - C .u.p for Accessory Space in Excess of 1200 Square Feet DATE: 31 May 2000 FILE NO:: 405 (00.12) BACKGROUND . Robert Cunningham has applied for a building permit to construct a new garage ori the property located at 22375 Murray Street (see Site Location map- Exhibit A, attached). Since the garage for the home will be greater than 1200 square feet in area, Mr. Cunningham has requested a conditional use permit, pursuant to. Section 1201.03 Subd. 2.d.(4)ofthe Shorewood Zoning Code. . \ . . . The propert~ is zoned R-IC, Single-Family Residential and contains approximately 3.2 acres of land. As shown on Exhibit B the existing home and proposed garage are situated in the center of the subject property. The new garage contains 1848 square feet of area on two levels. A small utility shed on the east side of the property contains 120 square feet of floor area, bringing the total area of aCgessory space on the site to 1968 square feet. The existing two-story home ; contains 2792 'square feet of floor area. The existing twO-car garage on the west end of the house will be convert~d to living space. . The applicant provides a very thorough background on the !propertyand his request in, Exhibit C. Additional exhibits include the following: . Exhibit D - First Level. FloOr Plan (House and Garage) Exhibit E- Garage Elevation (North) Exhibit F - Garage Elevation (East) Exhibit G - House Elevation (North) ~ toJ PRINTED ON REGYCLED PAPER #-f0J3 it . . Memorandum Cunningham C.D.P. 31 May 2000 ANAL YSIS/RECOMMENDA TION Section 1201.03 Subd.2.d.(4) of the Zoning Code sets forth criteria for granting conditional use permits for accessory space over 1200 square feet. FollQwingis how-the applicant's plans comply with the Code: a. The total area of accessory buildings (1968 square feet) does not exceed the floor area (2792 square feet) above grade of the existing hOme. b. The total area of accessorybliildings does not exceed 10 percent of the minimum lot size for theR-1C zoning district (.10 x 20,000 = 2000 square feet). c. The proposed house and garag~ greatly exceed minimum setback requirements for theR- 1 C zoning district. As shown in the attached exhibits, the proposed garage is identical in style and materials to the existing home. Consequently, architectural compatibility is riot considered to be an issue. ,d. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional uSe permit be granted as proposed. cc: Tim Keane Larry Brown Joe pazandak Robert Cunningham -2- ~"\ ~~ ~~~ c:, J.: o :;0 200 0 200 400 600 800 Feet I Exhibit A SITE LOCATION Cunningham C.D.P. .~ . . 'J ,...1 "i I ~-:' O. .~ ."" ~ AQGA ~ 0.; " . '1. ~ It; ~ ~~'~~\&, Q . ~ , . tZ'315#A.vtP-Aq '\ ..... b \ l> q) \ tI > \ C " \~ ~ \ \ <5- \ t . " ... ... .~ ..... ..... " ..., .... 0-. l)' ~ .~ Q,) . ~.,,~ ...... f .. . ".. .,: . i t::' ~ -.! ..... CO 0 ~ -.J ~ i ~ ~ IJ.i " ! k..l "1 '. I ./ SoW "-'or. of L '. ,.' el /:;"/ "'- /g2. i SEG . er:oriel ..... 25!Z.o ..... Exhibit B SITE PLAN l~ I~ . . ADDENDUM TO CONDITIONAL USE PERMIT APPLICATION This property is located in the RI-C zoning district. City of Shorewood Code (1201.03, Subdivision 2.D, AccessoryBuildings, Uses and Equipment) states ". . . no accessory buildings, including attached garages or combination of accessory buildings shall exceed three in number or 1,200 square feet in area in the. . . RI-C . . . District. . . except by Conditional Use Permit as provided by Section 1.01.04 of this ordinance." This application requests a Conditional Use Permit for ( a) new construction of an accessory building in excess of 1,200 square feet; and (b) including a decorative storage shed of 120 square feet, presently located on the property. The accessory building footprint is approximately 1,1.40 square feet on grade level. The accessory building will have a second level of approximately 704 square feet to total 1 ,848 square feet. The existing decorative shed totals 120 square feet. The total accessory building area, as proposed, would be 1,968 square feet. City Code provides that "an accessory structure shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway," We propose to link the principal building (the house) to the accessory building by a covered passageway, The covered passageway would be a decorative arbor. This covered passageway would cause the accessory building to considered part of the principal building and therefore allow for the second level. Zoning Code requires that the total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The principal structure totals are as follows: Grade Level: Second Level: Total: 1,440 square feet 1.352 square feet ~ square feet Code further states that an accessory building shall not exceed 10% of the minimum lot area for the district in which the property is located. The minimum lot area for the RI-C District is 20,000 square feet. As the accessory building totals 1,968 square feet, this requirement is met. This lot is approximately 3.02 acres or 131,550 square feet. The lot is heavily wooded, but for a small front yard and small rear yard. The overall footprint of the principal structure and the proposed accessory building are under 3,000 square feet or less than 3% of the site.. Combined with the driveway area, the total impervious area is well under 8,500 square feet or approximately 6.2% of the entire site. There are no existing drainage problems and none are anticipated to be caused by the addition of the proposed accessory building. Including the accessory building, the nearest property line is approximately 58 feet to the west. The property line is approximately 100 feet to the east of the house, approximately 175 Exhibit C-l APPLICANT'S REOUEST LETTER feet south of the southwest comer of the proposed accessory building, and over 260 feet north of the northeast comer of the house. While there are some 37 lots and 34 owners within 500 feet, the site is very private and is visible to only two other homes, the property adjacent to the west and the newly constructed home located to the southeast. There is also significant topography at the site, which enhances the privacy of the principle structure and the proposed accessory building. The site is at the dead-end of Murray Street. Traffic from only three other homes pass the front of the site, and the principal structure is visible, if at all, only in winter months from the street. The largenumber of homes within the 500 foot radius is obviously due to the size of the lot (only approximately 15 properties fall within a 500 foot radius of the proposed accessory structure). . The principal structure on this site is a two-story home constructed in the early 1960's. We have just completed extensive renovations on the exterior of the home and incorporated many prairie-style design features, including stonework, overhangs, light fixtures and columns. The ridge line of the home is approximately 22 feet high. The accessory structure is intended to complement the principal structure. The roof line is consistent with that of the principal structure. The classic design features a 10/12 roof which matches the pitch of the front and rear entry elements. The second level also features a partial shed-type roof to allow for windows providing natural day-lighting of the space. . It is the intention of the applicant, that by detaching the accessory strUcture (with the exception of the covered passageway), the applicant avoids having a structure that is over 105 feet long. The siting of the accessory structure allows for easy pedestrian circulation around both the principal building and the accessory building. The amount of paved surface remains the same. The accessory building, being set back from the principal building, takes on less significance to approaching visitors and helps demassthe improvements. The location of the accessory structure also allows for the inclusion of extensive landscaping in an area that is presently utilized as driveway into the principal building. The detached nature of the accessory building also provides for view corridors from the rear yard into the drive area. The design also allows for easy access to the rear entry of the house for the residents and visitors alike. The exterior of the building will feature six-inch rough redwood siding, ti1l1berline-style roof materials, scalloped shakes in the eave area with natural stone accents. The design is a high quality classic design, and is very consistent with the design of the house (it was designed at the same time and by the same architect). In conclusion, the applicant feels that this is a design that suits the site, complements the design of the principal building, complements the scale of the principal building, and fits well within the site. We feel the conditions set forth in the code that allows for the conditional use permit to be issued have been met. Exhibit C-2 2 Finally, in addition to the requirements set forth in Section 1201.04, the applicant has included a petition signed by a number of the neighbors supporting this Conditional Use Permit Application. . . Exhibit C-3 3 Date: 'i/ tIP jot) Members {)f the Planning Commission Memberscl"the City Council City of Shorewood Shorewood, MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood, MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adja=rt property owner. ~ (). I j~Pk... ~~ Sincerely, If ~ ,....-- \J Phone: ~ t - I ~ 91 ~ Address: d::}}t3<s ~ . Exhibit C-4 Date: t/ /zu Iou Members of the Planning Commission Members efthe City Council City of Shorewood Shorewood, MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood, MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adjacent property owner. . Phone: 95'2... 4 t 4 - 176 (p Address: [L47... 5"" VV\l.Lf'Yr S! EX Le..l ~} t/- yYl V1. ~5 5"3 I Exhibit C-5 Date: ft/; /00 Members of the Planning Commission Members {)f the City Council City of Shorewood Shorewood, MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood, MN, for a conditional use permit, for the construction of a .1-1 /2 story garage totaling approximately 2000 square feet. I am an adjacent property owner. sincer41 ~ .~ Phone: Lf 1 i/ - =?;ri 9 tf Address: . "21. 1-;) B ~o -~;;r!J . . dj,~U-V--~1 55';;3/-3//2- Exhibit C-6 Date: Members ()f the Planning Commission Members ef the City Council City of $horewood Shorewood,MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood,:MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adjacent property owner. Sincerely, !lJqt1 !7J ;()~ Phone: 7f7L(...~ r.;2. Address: ~3..>{) TYJ ~SI-. . ~~W~ ;01/1/ b~"-33/ Exhibit C- 7 Date: Members {)f the Planning Commission Members tlfthe City Council City of Shorewood Shorewood, MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood, :MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adjacent property OWDeI'. s~.ncerel '. ... ' .?.. /J ~~~ ~~ Phone: 9rz t{-7~ 7F7 B Address; Z 22 3-t:> ,/U/t-ti&eAz;7 Pr . Exhibit C-8 Date; Members of the Planning Commission . Members of the City Council City of Shorewood Shorewood,MN 55331 Dear Planning Commission and City Council: . I have seen the plan and I support the application of Robert Cunninghanl, 22375 Murray Street, Shorewood, MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adjacent property owner. Sincerely, % vuJJ--- ~ liitl4VN:lLJ Phone: ~~VJ /" 0 )01 Address: ", 7 () ~L R';oy-- . Exhibit C-9 Date; Members of the Planning Commission Members of the City CouIlcil City of Shofewood Shorewood,MN 55331 Dear Planning Commission and City Council: I have seen the plan and I support the application of Robert Cunningham, 22375 Murray Street, Shorewood, MN, for a conditional use permit, for the construction of a 1-112 story garage totaling approximately 2000 square feet. I am an adjacent property owner. . Siy~V~ . Phone: . q TLJ - b& f 2- Address: 6-/?S- c:,-rli'-\ v f flv. ~g#~ Exhibit C-IO . . Date: Members {)f the Planning Commission Members efthe City Council City of Shorewood Shorewood,MN 55331 Dear Planning Commission and City Couucil: I have seen the plan and I support the application of Robert Cunningham, 22375 Mun-ay Street, Shorewood, MN, for a conditional use permit, for the construction of a 1-1/2 story garage totaling approximately 2000 square feet. I am an adjacent property owner. Exhibit C-ll J { ",,?'/S t " e:;1 . I 4J z: 1 t t - J :3 Q ~ a:: ~ J ~lL- r 3 ().! ~ Ii' ti '- \ ~ .'9 0, .u ~s.li" ~~ v~ ~ ," . ... - 0;; ..., i4 3- ~ ! . ~ l~'l~ T ~ ~ ~ III l;(N '<f (/I o. Z ( r . t: .,. ~ i . I I \ 4- I ' , $ !~ \';" I 'Z ~ : ~ I~ L___ l!.- I; 4- :l tJ.4 "" "- ~ llJ r---:- tt. . ~ ~ ::r: I l I \- ~ \ L__i , tpT J~ t--- ~ .D I ..u ~\j~ I ~~~ -a'19 } 11 1 ,,1- t--- l" --1" ~ r // \ , ~! ~)-~/ ~J j~ Jl_ \ ! ~ . - 2~ :::i::::::- 14: t ,,"',9 \Ll . ,(;1-, Sf ~ 3 l~ ~ ~~ :; ~ ~ ~ - ~~ IS'" \I U' I \}Q... ~ 1 ~ ~ 1.\,\ I "O'/~ Exhibit D FffiSTLEVELFLOORPLAN House and Garage - .;....I . . \~ \:", \'\ ~ ~ ~ ' \.J~. ,N ,\I'. ' I~ Q. , .II i1 I~ \J ;I~ 7. t\ ~ 1U Exhibit E GARAGE ELEVATION (North) L . ~~'c~r' 'V .... C. C', ..,..."A.-.,;W'~""_""'''~''''--- ~ r J.. .......:. .~ L U\ ~ HO- 5'Z I . ~ I~ . ~ ~ 19 ~ ~~ "" <:I ill . ~ ~ ~ i-"'1' J lf ~~~ !? iM . ~v .i ~:. ) \\ J =- _ ':II. ' 2" -.q- ~::::::- ! 4- 3 ~~ ~$ \;liE ,- J at -1) f~l t..~1 ~ , !l Exhibit F GARAGE ELEVATION (8 outh ) . . I . I I . . '.' , . " , '" :l .. ~ 1 t ~...'.~ .~ .~ '~ t \10 ';.,.. I:- cl.. it .."" ~ .,. .~ "" :2 g . \l.t '" Ie- ~ 0 l q;: Q IlL . <t . r . . .~. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO ROBERT CUNNINGHAM WHEREAS, Robert Cunningham (Applicant) is the owner of real property located at 22375 Murray Street, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space on the property, will bring the total area of accessory space on the property up to 1968 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 31 May 2000, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2000, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 12 June 2000, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in a R-IC, Single-family Residential zoning district and is approximately 3.2 acres in area. 2. That existing accessory buildings located on the property include a utility shed located on the east side of the site. 3. That the total proposed accessory space (1968 square feet) does not exceed the floor area above grade ofth~ principal structure (2792 square feet). #&13 ." ., 4. That the total area of accessory space does not exceed 10% of the minimum lot area for the R- lC zoning district in which it is located (2000 square feet). 5. That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 6. That the proposed attached garage complies with all setback requirements for the R-IC zoning- district. CONCLUSION A. That the application of Robert Cunningham for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: 1 That the proposed garage will be used strictly for purposes of a residential nature 2 . That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. That the building permit issued for the new garage shall require that the existing attached garage be converted to living space by 1 November 2000. C. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 12th day of June 2000. . Woody Love, Mayor ATTEST: Bradley J. Nielsen, Acting City Administrator -2- .~r I ~CRIPTION~ . That p.!lrt of Lot 121, Auditor's Subdivision Number One Hundred and Tw';~nty r Her.nepin County f Mi.nnel';ot:"., ..described as fo.l.1.o~l': Commencing at the Southwest corner of said loti thence north on the West line of said lot a distance of Four Hundred Ninety-seven and 8/10 feet; thence at an angle to the right 70 degrees 47 minutes, a distance of 183 feet~ thence at an angle to the left 26 degrees 38 minutes a distance of 66 feet, more or less, to the most westerly portion of the East line of said loti thence south on said westerly portion of said East line a distance of 28.3 feet~ thence southwesterly a distance of 59.2 feet, more or less, to a point which is 708 feet north and 181 feet east of the Southwest corner of Section 35, Township 117, Range 23; thence southeasterly 89 feet more or less, to the South end of the most westerly portion of said east line, which is an angle point in said east line~ thence East from said angle point a distance of 30 feet to a second angle point in said East line; thence south on the East line of said lot a distance of 460.2 feet to the Southeast corner of said lot7 thence west on the South line of said lot a distance of 252 feet to the place of beginning, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Hennepin County. Subject to an easement for driveway purpose~ over and across a strip of land 20 feet in width, adjacent to and south of the Northwesterly line of the above described tract. . Exhibit A CITY OF SHOREWOOD 5755 COUNTRYCLUB ROAD · SHOREWOOD, MINNE~OTA 55~31-8927. (952) 474-3236 FAX (952) 474.0128. www.cLshorewood.mn.Us' cltYlJall@cl.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen RE: Anderson, Steve and Ann - C .U.P for Accessory Space in Excess of 1200 Square Feet . DATE: 31 May2000 FILE NO.: 405 (00.10) BACKGROUND . Keith Waters and Associates, representing Steve and Ann Anderson, is in the process of constructing a new home on the property located at 5695 Merry Lane (se~ Site Location map -Exhibit A, attached). Due to the topography oithe site, the applicants have chosen to create additional space under the attached garage for additional storage. The total floor aieaof the two garage levels will be greater than 1200 square feet in area. The Andersons therefore have requested a conditional use permit, pursuant to Section 1201.03Subd. 2.d.(4) of the Shorewood Zoning Code. Their request is explained inimore detail iIi their letter, dated 1 May 2000CExhibit B). The property is zoned R-IAlS, Singh~-Family ResidentiallShoreland and c,ontains approximately 57,454 square feet in area. The garage areas are located on the north end of the home (see Exhibit C) and contain 1042 square feet of area on each of two f1oor~ (see Exhibit D). The proposed home contains 4350 square feet on two floors (not including the basement}. As can be seen on Exhibits E and F,theupperlevel garage faces southwest, while the lower level garage faces northwest. ANAL YSISJRECOMMENDATION Section 1201.03Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting conditi,onal use permits for accessory space over 1200 square feet..Following is how the applicant's plans comply with the Code: ~~ PRINTED ON RECYCLED PAPER ..,., d:t.. (; ~ Memorandum Re: Anderson Conditional Use Permit 31 May 2000 a. The total area of accessory buildings (2084 square feet) does not exceed the floor area (4350 square feet) above grade of the proposed home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-IAlS zoning district (.10 x 40,000 = 4000 square feet). c. The proposed house and garage comply with R-IA/S setback requirements. Also, since the lower level garage occupies the same footprint as the upper level garage, tree removal is minimized. It should be noted that the applicants propose to add . additional]andscaping as shown on Exhibit G. .. This is as much to buffer the subject property fr,om the Merry Lake Access, as to minimize the view of the structUre from the lake. . d. Since the new garage is an integral part of the proposed house, architectural compatibility is not considered to be aD issue. Asprevio\isly mentioned, the overhead doors for the garage are located on two.different elevations of the building (see Exhibits E and F). Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted as proposed. Cc: Tim Keane Larry Brown . Steve and Ann Anderson Keith Waters . -2- CHRISTMAS LAKE ~ N 200 0 200 400 600 Feet ~_ I Exhibit A SITE LOCATION Anderson C. U.P. May 1, 2000 KEITH WATERS & ASSOCIATES, Inc. DESIGNERS & BUILDERS 6216 Baker Road Suite no Eden Prairie, MN 55346 Mr. Brad Neilson Director of Planning City of Shorewood 5755Country Club Rd Shorewood, MN 55331 (952) 974-0004 fax (952) 974-0005 www.keithwaterS.com License Number -0001508 . Background: We are designin~ a house for Steve & Ann And~rson who plan a spring construction start Late in the design p~ocess, they have requested that we add an unfinished space underthe garage for storage. It would be constructed in th~ standard manner, adding precast concrete planks for the garage floor and extending the frost footings down to full basement depth. .' . . We. reviewed the site plan with driveway access to this storage space with the city staff prior to building permit application. We submitted the plans and survey for a building permitApril14th ,As part of the staffpermitreview, we have learned that a . conditiom31 use permit would be required for this space. The. request: This specific conditional use request is to add a driveway and overhead door to the storage space already shown on the plans. This will changethe definition of the space from storage to accessory use. The total accessory use will exceed the 1200 square foot maximums, thus requiring a conditional use permit. Discussion: · The. request use .will not increase the footprint of the home or the garage, nor alter its rooftineor appearance. · The storage space will be used for private storage by the Owner's. There wi.1I be no commercial use. · The topography the lot is quite steep, lending itself to the use of an underground space. If the a space was not employed the footings em the rear wall would stilL need to extend to approximately the same' depth' ahd a large amount offill would need to be imported and compacted.under the garage floor. . · City staff has. indicated that similar useS have been allowed in the city where they worked with the topography. Thus, the uses would be . l:\ANDERSON, STEVE\CONDITIONAL USE PERMIT.DOC Exhibit B APPLICANT'S REOUEST LETTER Dated 1 May 2000 . Sincerely, consistent with the previously permitted use within residential zoning districts of the comprehensive plan. The property and adjacent properties are and will remain residential. There will be no commercial use of the property' as a result of this request. The secondary driveway and door to this space will be screened from the street by existing berming and buffer planting installed for the subdivision. This will be augmented by additional planting as noted on the landscape plan. The owners wish to screen their views of the public boat bUilding from their lot with additional landscaping and a small berm. This planting will block the views of the driveway and overhead door. The driveway will cause one 16" existing tree to be removed. We will replac~ this with the buffer planting. The hardcover on the lot does not exceed the city limits as a result of this request. ' , None oUhe neighboring homes and no people on the lakewill have a "iew of the door and driveway. No deprecation of the neighborhood will occur" .' The proposal use will not overburdentotheCity's service capacity. . . . . '. We respectfully request that the Citygrantthe Conditional Use Permit. Please call our .office or the owner, Steve Anderson (844.:.0585) with any questions, or for any additional information you may request. . Keith Waters ' KW/hks l:\ANDERSON, stEVE\CONDITIONAL USE PERMIT. DOC J JU llIW All f.l.UtICI3JU" SI)M vouaJ JII UL1C.,;",.ms ~l IUltl ^I!I~ ~~J~lf I l 'P}l "OlEqsT\il){~ ''':' J l',,> .., <.. J~.!UO':) .9 6 S33Jl snOnp!03p "G'Z 91 S99J\ lU9w9~OldaJ tl COlOl P;;MOW-9J Q:',ll ..tad S99Jl lU9wa:>old9J t '6~u pa^ow~.J aq 01 HSG ..G: l ).91\0 Sa.9Jl 9 SNOQVlnJ1VJ IN3~3JVld3~ / 00 0"6 ,. ....ot;l JOOU ."OJDO J8.01 00 ,,;6 ,. 'A.p JDOU P.qsfU!J 09 O"l'I .. '^.~ .100" ,S'",01 00 l'=l6 - .".tt 'POr<I JO dOL ~ ., 'I\.~ .10011 .60JO!) 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G~ _____ 2;;;:-'~" --~-----------_._---,-- Exhibit D FLOOR PLAN - MAIN LEVEL _. _. _. -.--.-.-.-.-.-.-.-.- - -.- - - - - - - - - - - - - - - - -.- - - - .-.- - - - - - - -.- - - - - ~ ------.----.---.--------------------------- NOll ~~~;~v~;~~; C -"-.-..-..-..-..-.-. 11 -. -. -. . ~ . - -- ~. -- I^II~~I~ //0 /f-.:~=; /r- / / / / / . . E-t Z o ~ ~ I Z o i-I E-t -< >fl) ~o.o ~C'd ~~ ~~ 'T' Z ~ -i-Ifl) .~~~ :9= fl) ..c::........ 0.. x.... 0.. ~~o Bffi' "" 'f!I:</I'ril; 4,1\" ,,//'U1, (-." / I // I' I I' I I I I I --- -----------~- I I I I I I I I I I i ~ i _ _________ O ____ _ _ __1_____ . I ( ~'\~, [ I \ ~ I ~ ~j~I'i ~ ~ E. ~ ~ g i1 I . I.. f..-). !i../ I. i '.-. i I ,i " -~ r - i I i i i , KI ~! ~I I j' ~! -! 'I Exhibit F G ELEVATION _ WEST BUILDIN Lower level garage z c \= -< 9 [ill ...J ' W ~ \- Li.J m -' w < ~ ~ -en I \. es 8 ~ .~ 1Sl OO/tO/90 :Q'1ea "M1'OIPms u&IG~a eM!N v Hl::JON ..O'.o:=..l31',':;0:; NVld 9NI,lNVld )j3~~ng 3JN301S3~ NOS'j30NV '"'""3N .. . -----"------------- _ td7=i:l.-I~ ""3-?f1)IJ7 <7"111 H -;i~ ""ca;<il.<f) b -:3?fuI.d9 ~111H ')t29':Jc:a ' I I .. . . \J Z ~ ~ ~ U 00. Q Z ~ ~ Q ~ dOO .....0 :E~ .....0 ~~ ~~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO STEVE AND ANN ANDERSON WHEREAS, Steve and Ann Anderson (Applicants) are the owners of real property located at 5695 Merry Lane, in the City of Shorewood, County of Hennepin, legally described as; "Lot 1, Block 1, Christmas Shores"; and . WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of additional space under the attached garage, the area of which, when added to the area of existing accessory space on the property, will bring the total area of accessory space on the property up to 2084 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 31 May 2000, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2000, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 12 June 2000, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in a R-IA/S, Single-family Residential zoning district and and contains approximately 57,454 square feet of area. 2. That the total proposed accessory space (2084 square feet) does not exceed the floor area above grade of the principal structure (4350 square feet). 3. That the total area of accessory space does not exceed 10% of the minimum lot area for the R- lA/S zoning district in which it is located (4000 square feet). . . 4. That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 5. That the proposed attached garage complies with all setback requirements for the R-IA/S zoning- district. CONCLUSION A. That the application of Steve and Ann Anderson for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: 1 That the proposed garage will be used strictly for purposes of a residential nature. 2. That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. C. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 12th day of June 2000. Woody Love, Mayor ATTEST: Bradley J. Nielsen, Acting City Administrator -2- . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM Kim Koehnen has submitted a fmal plat for her property at 6115 Seamans Drive (see Exhibit A, attached). With the exception of two modifications, the plat is consistent with the preliminary plat that was approved in December of last year. First, as shown on Exhibit A, the applicant has decided to plat only four lots at this time. What would have been Lot 5 will remain with Lot 4 until the applicant wishes to resubdivide. . Secondly, the applicant has agreed to convey a narrow triangle of land to her neighbor to the east. It was discovered in a recent building permit request that the adjacent owner's driveway encroaches onto Ms. Koehnen's property. This triangle is shown on the plat as Outlot A. ' In a separate report the City. Engineer has recommended that a small retention pond be created in the northeast corner of the site. Although not required by the Minnehaha Creed Watershed District, this is still consistent with long-standing City policy and with Shorewood's new stormwater management plan. Due to the necessity of the retention pond and the requirements for sanitary sewer trench design, staff will prepare a brief development agreement for the property. Approval of the plat is recommended, subject to the following: 1. Any resubdivision of Lot 4 shall be done by a formal platting process. The preliminary plat will be used as a resubdivision sketch or "ghost plat" . n ~J PRINTED ON RECYCLED PAPER :IJ~D I I I I I :', I Cr: ,"", en ;;~ I w ~ LU 2: ~ .,_\t:t: ~ a~ -~O \~~ ro 8 z "i \ 3~ ,~ (j"; uJ ,...... t..'.. , , :~ Wo ;.,~ vC\lllJ CoIO~ - a:: .!.. Q Z, ~ \ z ~7~ ~ m<O zo 'd:v 2 4- W :.r; 331 NW com.r 0' , 1.0'%5- q 2 t I!!! .~ -- i g ~ Nartll Iin. of L.a' 7% --'" SEAMl EXCEPTION " ~ /'l") .. 0 :.~) r~~N88037'38"E '. 346.26 ... Jr-.:::.----~ --~9.1Jf-------7<o j \ ....Q (j' t-l- I ,- \ I ...) ."" { .!. :' , ! ~ \ I \""'0:00 (,...., .t./ "vI :... '( .....~':D ""~A ci II!! ..~ ~.:' 1 ' I"'/I~ /2 .::--.. .<;-~ ...., 1$ \ - <.) ,.J 0 ~/20 L__$?____~_~::A7'38.E___::.:../_J lU LJ '. . '., ..4.12 r---("'1366.98-- NBSOSl'!5O"E f.... --l ~ I i.,: C: \ cD I -J I' o:t I \ 10 I III .,(/) \ .~ l~!!!. :-- I - I 0 ~..i \ I/-.. \ I .:) \ .~I ()12000d""Nar_~ Hn. at La'~ _____j20 L_J98.08 !}24.oo-- ~8~F .', ~, ,,---:fi1 I \'- 120.15 - \ ~; r - 118.09 -~I ,I I N87~9'II"E . N89056'0411W I I . \ h Ii I. I e . ~ I I \ I~ ~ l.~ I !I ~~ \ j i: I ,,1 en '0 I ~ Ci \::0 ~I Yl.J ~ Sl !> 00 I . in ~I iO ~ ~ \ 13 w ~ 0 I ,....J 21 ~ -: j:: end. brv. N831 "'2'0311W z ~ I G1 0( Z g f ~\ 29.33-... ~ I 1- ~I ~~ W :i ....- N61~3"6.E \ ~ I <).~ 1il1 S <t; "1 VJ /500 \C\I I ~~ , ~ cD... t1:"cItd. . -......... I -4 eO I ::> Ji) ,0.i bnf. 83~9b2.W\ \ +-~ ~ I 0 -: ,:r: ~7a.35 1\ I ~:. l;; I ~ ~ ~J. ' -. I~'if" b'_ t;J ~ : I"l~\ ~~. N83"os';W... ~:l\1 ~ i... \ ~... . ' -_ 1227/ ..... CD . .4Q"?j1 ~ ,..r- .r...'":~ 0 ----:._ z~1 tt8"5 ___---.,-.. .....;~.'~::;"rc;,...ir.. :: -- I ---..".. ~ 'it:..t-~\.... ... '0 ~ I 157.7/ ' . ;"!-~I.I.OW~rtE TE;'\L 01'0 STATE TRU.( - -~1,83"o I ~ - T;l1< HIGHWAY NO ~ - 22~6~L ~ Z I .7 on J..' r--- ~Glo " 120 d!!!..._ SE cor.LoIZS -::; \\\ ST;j:TE 283.67 N 6701911 lifE . ~1..Sauth IIn. of 1.01 2!5 ~~~ Henn.~in County C.l.M. TR!J~.H( . Hi~3r+"VA'r' ~.jC;. ( c: \N ~ft,."... nf !l;.~ ~~. T liT _ Q ~~ --' ,..-(9-------,4'4.'87 ---, ;--1 -IL-___ '/:/' \Q I . -----L.~_\ ~ ~ I Q- 2 / '! ,- - Q ::5 . ~I \ r--~ IIll. ,"';: . 1 I I 0 :::~ L___ ::J_~E~~''.L_.J20:l~a7:ooJ 9 :1: ,----..:-';-'---353.6% l ~ .-J \ \ X- I i.t.i \ II \g 3 1 II ~ 1& r "1' ~20 L -----~~~---~---- 60 I o . SCAI.E l;J ,0 f -: I t:C: .- .' lUIOII ALL ... BY' 'llIISB pzoprl.oto&' at th. tal.: JI1JIIleu&a to _1 t: All aC Lat 20( at All oJ: Lat Z5 at pamela: c-nG1.Ac at: ttu 22 racI. alld 2\ 1; plat ....not 011 J aoidCa...tp at III . C-IlOiDC a ~ tAr Lot,. uo t..e; tl _UIIIW>C Sautll ELS.cI*.,. He. 7; 'tt of Lot 25; theaCH at rlCbc UCJ... : . bel1Auq. Lo~ 72, AUDlTOl thr8:froa tn. fo; TIlat part 0: Lot Lo~ 72 dutact 1: ....'t UAe at .au ~tath.' . JI.aI: ~ tDe .... I aGet dacliaat. '0 the PI .. ebowa _ th.1. .pla t &0 12C , IN . 'i1Alt.iiict 1II1D1ll.'ri0Jr . IIDDRs ocm.am m D ......b.U'~: at 1- 60 10'.. a E..'JCh~ b~ t A ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM - - TO: Planning Commission, Mayor and City Council FROM: Larry Brown, City Engineer . DATE: June 3, 2000 RE: Seamans Estates - Final Plat Review ENG FILE: 0021 This 5.S-acre site is currently addressed as 6115eamans Drive. Refer to Exhibit A. This request is for the subdivision of the existing lot into four single-family parcels. Currently, there exists a single family home on the site located in the. southwest comer of the site. Existing Utilities: . As discussed during the preliminary platting of this parcel, sanitary sewer service is available to the site by and existing main located within Seamans Drive. Since individual sewer services were not available to the sites, Staff recommended that the applicant's engineer provide a trench design for the installation of the services, due to the excessive depth of the sanitary sewer. The applicant's engineer has provided the City with a trench design for installation of the services. ' It should be mentioned that the applicant has requested that the sanitary sewer services be installed as each lot obtains a building permit. While this is in accordance to other sites, on this particular site, this will mean closure of the roadway four separate instances. While, traffic counts on Seamans are not high, inconvenience to the neighborhood may be cumbersome. Grading and Drainage: Staff has requested that the applicant's. engineer provide the City with a grading and drainage plan. To date, this has not occurred. The applicant's engineer has stated that a pond is not required for rate control or water quality. In accordance to the Watershed District's "Rule N' neither rate control or a water quality pond are required. However, in accordance with the City of Shorewood stormwater management plan and subdivision code, rate control is required for the project. n '..1 PRINTED ON RECYCLED PAPER - ~ O"'P)C/.) g' ~.:g S' ~~C/.)'" ~ 0Cl =: (") OCl::s~r "1 0. CJ:l ~ i _. (") ~ ~ ~ a ~ CD ~ "1 m S ..... NO\ ~sP)t:r CD ~ ..... e: ~~~~. , 0. CD o -. C/.) ~ ~m ::s ::s p) ..... 0. m -. N8trJ(') mOQ"O ~ ' CD m ::;- "0 ::s ~ O~I ~o.=: -. lB. CD ~ "1 (") m ::s-. ~.S ~ CD m CD . ..... ::s ..... ~ ~ m . t:r p) ~ (") 'g~ I m ~ OQ m 0 m IT! -. .....CD"o ~ 0 o CD S' ::s g-S3 s.<< e. o.~ ::s 0. ." "0 0. 5...... 0 m OQ 0 - m Jg' ~ ~. ~ -. CJ:l~ 0 0.0= ~ CD f!1. e. p) s:+ <: 0 "0 ~g. ~::sg 3 o(")~ <: ~ CD ~ 0 . e. 0."0 "1 - o.a-g 0 S'~ a 3 "1 H'j ..... ~f -"'" g- g"O~ ~i~' "0 ~ S CD ~ ~ o.ja ... (") CD (") CDOo. 0 ~ g.[ ~. g. o So' f!1.CD OQ 0"0 m ~ g: CD ::s ~ CD . a- (") g 0 (") ..... ~. g- .a . 'ij m ~ g. 0 0"0 (") en ::s _ "1 CD er..... ..... "0 0 CD ~ g- -(") 0. S' CD S g' g.p)0 ~ "0 0. ~ OQ H'j == ::1. (") "OCDf 0 o 0 ~. .., fa '2. g. . S 5' ~ (") ~ OQ O"'(JQ ~ ~ rn (") ~ ~ -0 0 l:.:5a o~..... ::s s:~ "0 c.p) 0. ~::s"O a: OQ"g o.rn"1 0 "0 ::s 0 = a ~ S, rn CD ..... . ge:g. ~, g- .i'1l~~ rn ,. ... .J j -U:: I \ r- \ I r \ \r-==\' f~ ~~) I ;::::1 l-"~.l..CT~ I I I ,_ 20m -,-- ::;f~~ ~. ~ ~- ~.;;:::.;;.-- po....' -~ ~ j I-,p I ~...~ ~~ ~. ~ ~)~ __ ~ ~ fJ3 CI) :'l~} . I r \ \;>.< ~~ ~ ~ '1- I ~ Y: ,," ) :""" " "~ijj(~J~ ,,-/\' ?::?~ --j~ ---=-n'- ". r'\ l /.} ,-' """ /-': m' \ ~ ". ( \ U -i -'L: ~~. ,," ";"~7~(A~''Y'- -.::JJ.rCFlr-i =., - 1----4'8> r.;;:.F.\. ~ · · ,( '/l9 '/. /--- 0 U,,-I.~ LI ~\ ~ ::::r-=~ ~ '-- ~. NekJe /I~ ~ <<=111_ "\ ~)16~ ~ ~D ;.Wj r ~~I(II, ~ GZ ~~, ~ itl~-r. i ~ El!E 0 0 I r ~ G~"IU~ ~[JL 0 ~ 0 -- h r\ 8 - tC IA ~I ~/: -g-..tJ:5 ~t Jl- C u- ~ - ~ 1111 y7/ hi![~~ _~AA --a: n= tII ==, /~~ ~r-~ :;;:.9" ci ~~~ :: rll l~ ~ j I ~ l)4J~~'- rr-r--~l!<=~=~L---J-1Y~ I Xi I, )YAs II \ \ ~e-- Irif>( , 'W WAY. (~- ~u ~rUT ~ I /1,/ ~~-W' r-iJ - ~"7 ~ I- ~- G:; ~ Q ~ ~ .~V~ - :I ........ ,/' ~~ ffifiIIII] t '--- 'MANN LA '--- 2: !~ ~ ~ ~,~ ........ '( E \. I. !-' ..~ \ ~P~'l.."'" S4ect -Trtv ~ ~ ~" ~ _. I -lr;~N07 LJ \ \ \~~~ ~ Chanhassen City Umits o I 2000 Feet I ~ N Exhibit A SITE LOCATION Seamans Estates - Preliminary Plat .. Page 1 of 1 'fIG~IUE:~i:;~iJt.tfd~~"~f.:~f()~~!E~:NI~NAp...t ..~ltTm.C.'ANi1.REQJLAIOR;V.~~UIREMEijTS ON THE BASIS OFDEVELOPMEHt TYPE AND DEHSITY. PROjEC'i.::: ..INql#:F,~Y:80rV1t;:.: C.OJ>.lSTRUCTlON'. :~~~oN'!Sl6~ :. NO PERMIT : siNGU: .FAMilY :DENSlrY ~.2tJNITS/AC 'REGUUTORYRfQuiREMEHlS ::iiIQ. PERMIT aMPS .RUN6FF:RATE: RUNOFF:OO),ufV: tOilill~6(:~:' .A~.RAtE : CONTRot~BhIP'S . . ~fjI;lDlV.l~i9~ .~J;f.~,."iLy: bEN$ty.~:2.9Mi~I.AC.: ::~T.l~~ir: : ... ~~~~~ '. DENsiTY'<:SUNitsiAC COMMERCIAL:. I~[)u~~~q~.. :i~T-PtIQ~A~: MIXED:USEi::: .:::...::.:.:.:.:....,..:f.. 'IY1t,J!;; IJ~NI:r: '. . .:~:~~.IOEN~.,:.. ;OENSITY: ~ ~'Ui\lIT$/AC 'ROADSj STREEtS&:: . H1GHlNAYS. :(<1>~'S~.N~ IMPERVIOUS:SuRfAC ... .' . -. ... . ROA,p?:; .~~~S:S'$... .:HI~~YS.:. . .,(~J::f\(;R~:~ .. .' .IMPERVtOUS':$~FAcE). .~R~,~iT ,~.~.rgir:r,:AN9;: RATe.CONTRcti3MP'S: .: . .....:....... ......:............;: :',.:". Bl\I1P~-S RUNOffn~ATE co :'.~MP:~.; RUNOFF:QUALlTY ::~~:RA.Jf gq~lR<f;:~. . . P i3MP.'$ P .. :~~()f.FRA,r~.':. .:~QN:tR,()l..:8MgS.:: .~NOif.~U~!;.,r:~' . .. AND:R~~S9N1'R,~L :_~..: 5 : . . "s "';:20 Sn.l~A.: GE. ...... . . .NQt~: P~Ji~iW catciJla1tg~: js~~sed ~ii:totaLsita.~rea:ii1clu~i~g.de.;dieat~d. are~~,. ~rrE A-5.8 DENSrrl ~ Z IJN,~/Ae. http://www.minnehahacreek.orgIPermit_Ruleslimages/RULEN2.gif Exhibit B CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF SEAMANS ESTATES WHEREAS, the final plat of Seamans Estates has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Seamans Estates is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Development Agreement, attached hereto and made a part hereof, on behalf of the City Council. 3. That this final plat and the Development Agreement attached hereto shall be filed and recorded within (thirty) 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without . further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2000. ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR CITY OF SHOREWOOD DEVELOPMENT AGREEMENT SEAMANS ESTATES THIS AGREEMENT, made this day of , 2000, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and KIM J. KOEHNEN, hereinafter referred to as the "Developer". WHEREAS, the Developer is the fee owner of certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of the Subject Property, said plat to contain approximately 5.8 acres divided into four lots and one outlot, and to be . known as Seamans Estates; and WHEREAS, the City Council by its Resolution No. 99-106 adopted on 6 December 2000, has approved the preliminary plat of the Subject Property subject to conditions; and WHEREAS, the Developer has now submitted its final plat for the development of the subject property, which plat is attached hereto and made a part hereof as Exhibit B; and WHEREAS, the City Council by its Resolution No. adopted on 12 June 2000, has approved the final plat of the Subject Property subject to conditions; NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Seamans Estates, the City and the Developer agree as follows: 1.) Improvements Installed by Developer - Developer agrees at its expense to . . construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Stormwater retention pond 2.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 3.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 1 above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. -1- 4.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 5.) Schedule of Work - It is understood and agreed that the work shall be performed in one phase to be completed by 1 October 2000. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 6.) Stormwater Retention Pond . (01) Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the construction of the Improvements subject to the final approval of the City Engineer. (02) As-Built Plan. Within sixty (60) days after the completion of construction, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. (03) Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of any surface water drainage facilities within the plat. . (04) Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 8.) Grading. Drainage. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. -2- 9.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 10.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 1 are completed and approved by the City Engineer. 11.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work to determine that the work has been done in accordance with City standards. 12.) Sanitary Sewer Services - Sanitary sewer mains are located in Seamans Drive and Yellowstone Trail and are available to serve the plat. Additional individual lot sewer services necessary to serve the lots shall be installed by individual building contractors at the time homes are built on the lots according to the sewer trench excavation design approved by the City Engineer. . 13.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 14.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 23 below. . 16.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 17.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 6(02) and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the -3- Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 100% of the cost of the Improvements. At such time as all of the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. . 18.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 19.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District, before commencing development of the plat. . 20.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $3000 ($1000 each for Lots 1 - 3) as local sanitary sewer access charges. Credit has been allowed for Lot 4 with the existing home on it. 21.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $4500 ($1500 each for Lots 1 - 3) for the Park Fund. Credit has been allowed for Lot 4 with the existing home on it. 22.) Resubdivision As indicated in the preliminary plat for Seamans Estates, Lot 4 is capable of being subdivided into two lots. Any such future subdivision shall be done by a formal platting process, using the approved preliminary plat as a resubdivision guide or "ghost plat". 23.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as -4- contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: Kim Koehnen 6115 Seamans Drive Shorewood, Minnesota 55331 24.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal . process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all utility easements provided to City shall be free and clear of all liens and encumbrances. 25.) Outlot A - Developer agrees that Outlot A shall be conveyed to the owner of the property at 25770 Yellowstone Trail. Conveyance of Outlot A shall be recorded contemporaneously with the recording of the plat. 26.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability , damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or . subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 27.) Remedies Upon Default- (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the -5- event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 1 above. . (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 28.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. . 29.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 30.) Execution of Counte(parts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 31.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 32.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. -6- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: CITY: Kim J. Koehnen Woody Love. Mayor ATTEST: ActingCity Administrator/Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN . On this day of , 2000, before me, a Notary Public within and for said County, personally appeared Woody Love and Bradley J. Nielsen to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Acting City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and Acting City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 2000, before me, within and for said County, personally appeared Kim J. Koehnen, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) -7- . . Legal Description: All of Lot 24 of Meekers Outlots to Excelsior All of Lot 25 of Meekers Outlots to Excelsior excepting therefrom the following two parcels: Commencing at the Southeast corner of said Lot 25; thence West 120 feet; thence North 22 rods and 2V2 links; thence East 120 Feet; then South to beginning, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for said County of Hennepin in the State of Minnesota. . Beginning at the Northwest corner of lot 25; thence East along the North line of said Lot, 120 feet; thence South at rfght angles 24 feet to actual point of beginning; thence continuing South on aforementioned line to the North right of way line of Minnesota HIghway No.7; thence Westerly along said Northerly right of way line to the West line of lot 25; thence North along said West line to a point which is 24 feet South of and at right angles to the North line of said Lot 2Sj thence East to the point of beginning. Lot 72, Auditor's Subdivision No. 133, Hennepin County, Minnesota, excepting therefrom the following: That part of Lot 72, lying North of a line drawn from a point in the West line of said Lot 72 distant 130 feet Southerly of the Northwest corner thereof to a point in the East line of said Lot 72 distant 130 feet Southerly of the Northeast corner thereof, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. To be platted into Seamans Estates. Exhibit A I I I I I : 0, \ cr: ,-, ,-.J \ ..:~ ~- tLi L:.J ~ _._ \ X Cl -~ \ \~ ~ --I \ \ \ \ 0 ,: \ ~ \ \ 33 I I .:) \ I~. NW come. of ',.. I :::~12000 d..a NO~lh "ne ot I.ot~ J 20 I l.ot25- 0 ----~- __c::=----- Ice: Q L _ JQ~8 !)24.00 N89"5So<rW - ~T-- 118.0;~'/'~ I \~~+~I~.,I~nE' \ ~~ NhoS6'040W ; ! ! I, \ I~ ! 1 ~ I !\ ~~ \ I~_: 8i t.~,' -.~I to ~ ~ \ I = ~ ~ 000 I ,- -I iO "a B 3 0 :~: z\ ~ -: a. cIId. brQ. NB3'"J2'03.W z ~ I, . '. ..I % ; ,g ~\ I 29.33 -, o:t: I .l..... ::1 c ~ ~.., ~ N6~3'16.E \ ;::: I ::)... ~I ~ <i.. "'\ k;'=Chd. I 15.00-...... \N I _1 .J~ i g ~ ~ \ .Li.} brQ. NB3-a9b2.W' \ I ~qp ~ I 0 -: .:(" .' 78 35 J\ 06-"' ::; ~ ~ ,LJ.j . -. /II I~~' ~ I -~.. \ .';f! 3: " \\ !,;;t_ N83"06-34"1'I :~I ~ ;."E . ,- '. . . - _ 12271 <'i, eto.40 3T __ ....,., .', ,- :: <: Q _ I --:.._-~~.... r- ... ~---- ',,';:LLCi~;-'i':.:; ~'...:\'::'- -0 O'l ' ,'21 -&00' Hit' - .,.... ~.:; Or-: STATE! .!-':~l..O~::'N " ,",:--'- ~ ~ TRU~f( HIGHWAY ~ ;- ~~6~f--- ~ Z I, I NO.7 "': 120 d~_.-iS!cor.I.oI25~;: S'r:.1:TE:: 283.67 N 8701911 litE ~,South line ot I.ot 25 ;:~;, (Hennepin Counly C.I.M. TRUNl{ . HiGHWAY NO. -f , c:w r:nrn_.. (\1 !=;.r. ~~. T 117.A'~ f:~ ....1.... .......~ ~-::( "7 ..... .::) .:.:; .:0.::.. r I~ i ~ SEAMl Norllt lin. ot LoI 72 -J EXCEPTION -~. .' UCW AU. _ BY nus. ~pJ'i..tOI' ~ the, tot; lI12IIwaota to ..1t; Allot Lot Z4 ~ ILIa j.,,~ o:t N IIJ '(01()> i: f!i Z \ 17 \ AU at Lot 25 at puo.La' eo-eaC1D1I a. t t1U 22 roD. and 2l J.; plat tb.e....ot OJ! J auct CoQacy 0( iIt ~a&WsC at tAt Lot, 120 t..c; tI c=UAW,a.C SouCl:t. 1UCh..,. lfe. 1; tl ol Lot 2S; thenet at r1ctl'C &DC1.. : . beCi.na.s.nc. lAc 12, AUD11'Dl tha"!r~ the to; 3: = Q .0 017 o ~ 8 Z to;' 33 Thae 1~.rt ol Lot ~: T~ dJ..unt 1: S..1: Uz:r.. at u.J"c aCCOr41ftc tG tb.. . JfaI "~the.... I aad 4ed.lca W to t1W p1 .. aaowa .. ~i.. .plat ~ ~ <0 ~ 10 N8S'59'5Q"E },,,_ r---C;-36S.ge- I f... I I I . (:) I~ ~- 1!1! () -..J I :"- 60 o 60 12C :-'. --' -..J SCAI.! IN Vi<D ::::0 <.;t ~ -:1. W t;J '''1 . "iMlliio OIUSIiTA-riOlf . IlDUIIS ovn.atII m D ..~IU'~. ~ 11 6010' a Exhibit B .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: , 1 June 2000 RE: Zinn, Carl- Proposed Lot Line Rearrangement , ' FILE NO.: 405 (00.14) BACKGROUND Mr,. Carl Zinn o~ns the property at 5820 Ridge Road (see Site Location map - Exhibit A~ attached). His existing home is too close the &outh lot line to allow him to extend his ' . garage as he wishes. To solve this problem, he has purchased the property to the south of his and requests approval of a lot line rearrangement, as shown on Exhibit B. . , The subject properties are located in the R..IAJS, Single-FamilyResidential/Shoreland zoning district. The Zinn property contains approximately 65,340 square feet of area. The ,southerly parcel (Sparber property) contains 66,700. The parcel of land being exchanged contains 1740 square feet of area. ANAL YSIS/RECOMMENDATION This request is considered to be very simple and the applicant is to be commended for solving his setback problem. Both lots will still meet or exceed the minimum width and area requirements of theR -IAJS zoning district. As such, approval of the proposed lot line rearrangement is recommended. Cc: Larry Brown Tim Keane Carl Zinn =#&[ n ~J PRINTED ON RECYCLED PAPER '/ . SUBJECT PROPERTY CHRISTMAS LAKE ~ N . ..l. 200 0 200 400 600 Feet r--- I Exhibit A SITE LOCATION Zinn Lot Line Rearrangement ,," "- - .' - AI.aX/loGOS - ,- -i \ . ';1:1 '790",,"~ ~ - ' ./ ",-,--- ''1" 0 ;0''''' - - --.. 66'''' , .,~. ~ ...- '" - M o(;l , " - ~./_- ... '- - _ - n..Ql2tQl_o ~<'" ," I" - - ~l:R1. ....... ~ I <lr~ - · " ....... 0 I ~~ -_ ......., It) ~~->t:> _, .......::.:::::, &,0. ~a"6~,~ __ ....... ~ :- ~ ~ ~~, .-.r':-- 'b .......~....... i "~~....... ~....... "':::S ....... ....... ,..: Vl X ILl 1Il ILl I- o Z ILl o i 0 01 lil ii Gl La.. Sl .5 Gl '0 u Vl 0 I- Z ILl ~ ILl ~ a. Vl ::l o Z ~ ::l I- iD -.... +t o z ~ 'b1O !.O1O 10. _10 ~O') 10'" Z ~ 'b !.O ~~ ~- 10 I Z \ I \ ~ \ \\ , \'.... ' , --' , ...." >- ... IX: III a. o a:: a. z z N /-1 I i .I i ~~ ~ ;/ ~ ~ .:<: ;z t% e 1;6/J1 . /~~/J 90 3~f'/ "'-<"'0/ ~I)S_ /J/~,..<~S " .lt~ OJ : 03~ .>\:) C>I I 1>;:>07 o~ ~ ~' $... 3tv. ~cf...... 'f'/ 3<!1o ---~- ~-----~- (/J~/J :") '-a ..j.>tP7'1o~) /J~~/J6J rr/J DI)I- SL .. tvo~~ VIAL lil-~ T f'/'S/(jltO'" ........ Exhibit B PROPOSED DIVISION/COMBINATION t . . CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION APPROVING A COMBINATION AND RESUBDIVISION OF REAL PROPERTY FOR CARL ZINN WHEREAS, Carl Zinn (Applicant) is the owner of certain real properties located at 5820 and 5840"Ridge Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibits A and B, attached hereto and made a part hereof; and WHEREAS, Applicant has applied for a combination and resubdivision of said properties to form Parcels A and B, legally described in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, the combination and resubdivision requested by Applicant complies in all respects with the Shorewood City Code; and WHEREAS, the application was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 1 June 2000, which memorandum is on file at City Hall; and WHEREAS, the application and the Planner's memorandum were reviewed by the Planning Commission at a regular meeting held on 6 June 2000, the minutes of which meeting are on file at City Hall; and WHEREAS, the application was considered by the City Council at a regular meeting of the Council held on 12 June 2000, at which time the Planner's Memorandum and the recommendations of the Planning Commission were reviewed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the two parcels of property legally described in Exhibit A and B be combined and resubdivided to form Parcels A and B, legally described in Exhibits C and D. 2. That the City Clerk provide Applicant with a certified copy of this resolution for recording purposes. 3. That Applicant cause to be recorded this Resolution together with the drainage and utility easements shown on Exhibit E, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. '=#-0 E ) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June 2000. ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR . . o ~ 00 lI'l I Z o joooo4 ~ ~ ~ U rJJ ~ Q ~ ~ ~Q ~~< ~00 ~Z~ ,.Qj00004~ ....c ~ 0 ~~8 ~~~ 's~1l!1 jO JOJ1S!Oa~ ~L11 JO san..:! 'Zt06tS; 'ON '000 pa~a U! 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Ronge 23, described as commencing at the center of said Section 36; thence West 0 degrees 00 minutes along the North line of said Government Lot B a distance of 416,7 feet: thence South 22 degrees 57 minutes West 6.5 feet; thence South 21 degrees 10 minutes East, 67.9 feet; thence South 5 degrees 11 minutes West, 92.4 feet; thence South 16 degrees 10 minutes West 128.99 feet to the actual point of beginning; thence continuing along the last described course to the Northerly line of Tract A, Registered Land Survey No. 472; thence Northwesterly along the Northerly line of said Tract A .to the shore of Christmas Lake; thence Northeasterly along said shore to its intersection with a line drawn North 79 degrees 54 minutes 29 seconds West from the octual point of beginning; thence Southeasterly to the actual point of beginning, The North boundary of the premises is marked by Judicial Landmarks numbered N 5" and "0' and the South boundary is marked by Judicial Landmarks numbered ", and "8", set pursuant to Torrens Case No. 13307. os shown by the plat of survey on file in the office of the Registrar of Titles as Document No, 542727.. Par. 2: All that part of Tract A. Registered Land Survey No. 472. Files of Registrar of Titles, County of Hennepin, lying Northeasterly of a line drawn parallel with and 60 feet Southwesterly measured at right angles from the Northwesterly line of said Tract A, except that part thereof lying Southeasterly of the center line of the easement shown in said Registered Land Survey' No, 472. Together with a non-exclusive easement for driveway purposes 8 feet wide, the center line of which is described as follows: Commencing at the center of said Section 36: thence Westerly along the East-West line 0 distance of 420.2 feet tot the actual point of commencement of the line to be described: thence South 28 degrees 17 minutes West. 156 feet; thence South 21 degrees 04 minutes West to the South line of above Tract and there terminating. as shown - in deed Doc. No. 549042, Files of Registrar of Titles; (os to Par. 1 ) Subject to right-of-way easements and charges for maintaining the same os recorded in: Book 824 of Deeds, Page 244; Book 1043 of Deeds, Pages 242 and 244; Book 1052 of Deeds. Page lOa; Book 1281 of Deeds. Poge 255; Book 1494 of Deeds, Page 30; Book 832 of Deeds. Page 493: Book 2131 of Deeds, Page 351: (as to Par, 1) Subject to right of way easements created by instruments of record in Book 824 of Deeds, page 244, Book B34 of Deeds, page 475, Book B8S of Deeds, page 429, Book 1043 of Deeds, page 30, all of record in the office of the Registrar of Deeds of Hennepin County, Minnesota; (as to Par,2) Subject to 0 non-exclusive easement for private driveway purposes over a strip of land 8 feet in width, the center line of which strip is described os follows: Beginning at a point in the North line of Government Lot 8. Section 36, Township 117, Range 23. which point is 420.2 feet West of the center of said Section 36; thence South 28017'West 0 distance of 156 feet; thence South 21004'We~t 0 distance of 228.3 feet, more or less. to the North line of said Tract A, said Survey, which is the point of beginning of the center hne of said strip of land over which said easement runs; thence South 38"12'West to the Southwesterly line of the tract of land herein conveyed as shown in deed Doc, No, 531090, Files of Registrar of Titles; (as. to Par. 2) . . 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Range 23. described os commencing at the center of said Section 36; thence West 0 degrees 00 minutes along the North line of said. Government Lot 8 0 distance of 416,7 feet; thence South 22 degrees 57 minutes West 6.5 feet; thence South 21 degrees 10 minutes East. 67,9 feet; thence South 5 degrees 11 minutes West. 92.4 feet; thence South 16 degrees 10 minutes West 128.99 feet to the actual point of beginning; thence continuing olong the lost described course to the Northerly line of Tract A. Registered Land Survey No, 472; thence Northwesterly along the Northerly line of said Trod A to the shore of Christmas Lake; thence Northeosterly along said shore to its intersection with a line drown North 79 degrees 54 minutes 29 seconds West from the actual point of beginning; thence Southeasterly to .the actual point of beginning, The Narth baundary af the premises is marked by Judicial Landmarks numbered "5" and ~ 0' ond the South boundary is marked by Judicial Landmarks numbered -1' and .. 8". set pursuant to Torrens Case No, 13307, os shown by the plat of survey on file in the omce of the Registrar of Titles as document No, 542727, Par. 2: All that port of Tract A, Registered Land Survey. No, 472, Files of Registrar of Titles, County of Hennepin, lying Northeasterly of o :line drown parallel with and 60 feet Southwesterly meosured at right angles from the Northeosterly line of soid Tract A, except that part thereof lying Southeasterly of the centerline of the easement shown in said Registered Land Survey No. 472. Together with a non-exclusive easement for driveway purposes 8 feet wide, the center line of which is described as follows: Commencing at the center of said Section 36; thence Westerly along the East-West center line a distance of 420,2 feet to the actual point of commencement of the line to be described; thence South 28 degrees 17 minutes West. 156 feet; thence South 21 degrees 04 minutes West to the South line of above Tract and thereterminoting, os shown in deed Doc, No, 549042, Files of registrar of Titles; (os to Par 1) Subject to right-of~way easements and chorges for maintaining the same os recorded in: Book 824 of Deeds. Page 244; Book 1043 of Deeds, Pages 242 and 244; Book 1052 of Deeds, Page 100; Book 1281 of Deeds, Page 255, Book 1494 of Deeds, Poge 30; Book 832 of Deeds, Page 493; Book 2131 of Deeds, Poge 351; (os to Par 1) Subject to the right of way easements created by instruments of record in Book 824 of Deeds, page 244, Book 834 of Deeds, page 475, Book 886 of Deeds, page 429, Book 1043 of Deeds, page 244, Book 1281 of Deeds, page 255, and Book 1494 of Deeds, page 30. 011 of record in the office of the Register of Deeds of Hennepin County. Minnesota; (os to Par 2) Subject to 0 non-exclusive easement for private driveway purposes over a strip of land 8 feet in width. the center line of which strip is described os follows: Beginning at 0 point in the North line of Government Lot 8, Section 36, Township 117, Range 23, which point is 420,2 feet West of the center of soid Section 36; thence South 28?17' West 0 distance of 156 feet; thence South 21 ?04' West a distance of 228,3 feet. more or less, to the North line of said Tract A. said Survey, which is the point of beginning of the center line of soid strip of lond over which said easement runs; thence South 38?12' West to the Southwesterly line of the tract of land herein conveyed os shown in deed Doc, No. 531090, Files of Registrar of Titles: (as to Par 2) except that part of the above described Par 1 which lies northerly of a line described os follows: Commencing at the center of said Section 36; thence West 0 degrees 00 minutes along the North line of said Government Lot 8 0 distance of 416,7 feet; thence South 22 degrees 57 minutes West, 6,50 feet; thence South 21 degrees 10 minutes East, 67,90 feet; thence South 5 degrees 11 minutes West. 92.40 feet; thence South 16 degrees 10 minutes West, 128,99 feet to the point of beginning of the line to be described; thence North 82 degrees 27 minutes 51 seconds West. 0 distance of 195.68 feet; thence North 77 degrees 46 minutes 15 seconds West. a distance of 234.00 feet to the Judiciol Londmark set on said north line of Par 1, pursuant to Tarrens Case No, 13307 and there terminating. . . ~ '" . (insert Exhibit E - drainage and utility easements) . " .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewDOd.mn.us :MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 6 June 2000 RE: Bigos/Dickey - Simple Subdivision FILE NO.: 405 (00.13) -'. . Lots 5 and 8, Block 1, Boyer's Sterling Estates, except for the northerly 50 plus feet, are located in the City of Chanhassen. The northerly 50 feet of those lots exist as a single parcel located in Shorewood (see Site Location map - Exhibit A, attached). The owners of the property, Ted Bigos and Kirk Dickey have discovered that the Shorewood parcel has never been split and legally combined with their respective lots in Chanhassen. They now request Shorewood's approval of such a division, as illustrated on Exhibit B. This is considered to be a housekeeping matter. Since the Shorewood parcel is unbuildable, it is in the City's interest to approve the division and a subsequent combination with the Chanhassen lots. Unfortunately, the resulting parcels will have to have separate property identification numbers, due to the location of the municipal and Count boundaries. To ensure that the Shorewood pieces remain with their respective Chanhassen lots, it is recommended that the subdivision approval include a requirement that the owner will record deed restrictions stating that the Shore wood pieces will never be sold separately from the Chanhassen lots. Subject to that condition, approval of the subdivision is recommended. Cc: Tim Keane Larry Brown Ted Bigos *t.,F .l'\ PRINTED ON RECYCLED PAPER .... D MA N LA . /:\ N z <( :::E U') . ~ UJ ::J UJ ~nrN07 \ \ . CITY OF CHANHASSEN Subject Property WILTSE'( 200 0 200 400 600 800 Feet I f4c.h,bit A . inspected by Tom,Dahlen p"\\I\~\o" .. '" , Jlo "".,,~.~ ,\ , .,~~' '~..., ....,- "~~(. \~ \0 <.8 ~' \" ~ 'f.f ~ l""i t.< (i. ,.... l""'t 0.' ('0 ~ ;... _- c:I' 248 _ - -: :: ::. ;: .... ..... -- I , ..........~::;:.;..,.... ...... ....- fIII11"'...... I ..- \:r- Bi'D~ ,II 1 III "II I I , . I , ------' \ - - - - -=:: -:.-=:: -:--=:: - - - -;.. -.-:::.:.. -------- -------- '\ \ ------- \ \ \ \.... \ \ \" \ , \ \ ~~ ~ ~ ~ i:' o l""i ~ ~ ~ 0(, 01"\. .;,,) .... ,~ Q:l 'g b . .; a.. ~~J.1 ' .. , ',)t\:~e ~O"\J.\\1. " . 1)~t"'~~ , ' : . ..... ....;... . ..' "6'" ':'",:" ~ ':i~~;.~':'~t.::'~::,~~::.",....~,.,,:: . ," :'", " . -...... .' . .... ., I'" '" :'. CR;1.lNAGE'ANti UTlI..ITY EASEMENTS ' . .... ,'., : . ,", _...;'~,,'-~"". ..... ; ------ .......: . '"/ . . . . .. .' ., . L~-.'.....-:.. .~. -.......,.. ..__.........~.~.r__..,...4_.._:,...___.__~I.....~ ,....__"ll.~...._,_...-..l..l...."'...,...' , Accommodation sketch; "The location al . , plat drawing not a sur:vey...., .' IluallnlP"C!1on allhe ptlllT1lsel. tc:llldL I\Jrvrry. JrpoNI an~.' . , ..' .....~_..........._~- .......,.,-.-.. l:.' - '..' ".. ........J........ ...... .., ..4 ..........,.. ._....4...._._...-.."t""'!~...,"... ........................... .......-.. ... ...------.....- .. ---................-... ........... ... . .'.. ........ ........-.. E..'.(~,b~+ e, . The Proposed Resolution for Agenda Item #6F will be distributed at the Council Meeting. . #6F CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD ~ SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us DATE: June 8, 2000 TO: Liquor Committee FROM: Don Swandby, Liquor Store Manager . RE: Request for purchase of credit card machines and new register and computer for Tonka Bay Liquor We have been rentingour credit card machines from First Data Corp. for $121.93 per month and they have been charging us a discount rate of 2.82% to process our Visa and 2.87% for Mastercard~' I have found a rate, for both Visa and Mastercard, of 1.45 % from Card Service International. CSI also charges a $.20 transaction fee. From May 1999 through April 2000 we had 23,OOO-transactions for a total dollar figure of $605,000. With the new rate and_transaction fee, we will save $3,688.50 per year. Also, if we buy the machines at $950.00 per machine they will be basically "paid for" in two years, with a five-year warranty (based on the current monthly rental fee). We could purchase a less expensive machine for $175.00, however the more expensive machine will be able to handle the new technology that is just now hitting the market, Le., check processing. . Our Tonka Bay store has been running without a computer and the existing cash register is not computing properly. The detail tape totals differently than the receipt tape. Quite embarrassing when a customer asks for a receipt and it shows a different total. With a computer system, ordering and inventory control will be greatly enhanced. Pricing is attached. 1F- '1 If ft ~J PRINTED ON RECYCLED PAPER . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION REGARDING TRANSITION TO EXCELSIOR FIRE DISTRICT WHEREAS, the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay jointly created an Excelsior Special Fire Review Committee in the Summer of 1998; and WHEREAS, said Committee provided a final report dated May 25, 1999, containing a series of rec.ommendations; and WHEREAS, the cities extended the Special Fire Review Committee, renaming it to the Special Fire Transition Committee, to begin work on said recommendations, specifically on producing a joint powers agreement for the governance of an Excelsior Fire District; and WHEREAS, a final Joint Powers Agreement document is now prepared and ready for acceptance by the cities; and WHEREAS, said Joint Powers Agreement creates a Joint Powers Board on September 1, 2000, and provides for turning over the assets of the Department on January 1, 200 1; and WHEREAS, the Transition Committee has recommended that it continue. to exist and act during the transitional period, until September 1, 2000, in the place of the Board created in the Joint Powers Agreement NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Shorewood hereby authorizes and directs the following: 1. The Excelsior Fire District Transition Committee is hereby continued with one voting member from each City, to carry out transition activities required until a Joint Powers Board is established on September 1,2000. Said activities are identified in the Transition Plan document adopted by the Committee. 2. The City's voting member shall be Woody Love, Mayor, and the City's alternate voting member shall be John Garfunke, Council member. 3. The Committee shall have the authority to make expenditures and commitments relating to Fire District Transition expenses to the level of funding set aside by the cities for transition expenses. #76 4. The City of Shorewood shall send to the Fire Transition Fund the amount of $10,000, which is its proportionate share of $25,000, an amount estimated to be needed for short term transition expenses including consulting assistance for a needs assessment and location analysis. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT WHEREAS, the City of Shorewood has a desire to join with the Cities of Excelsior, Tonka Bay, Deephaven and Greenwood to form a joint powers fire district; and . WHEREAS, the Special Excelsior Fire Department Transition Committee has drafted an Excelsior Fire District Joint Powers Agreement; hereinafter referred to as "the Agreement", attached hereto as Exhibit A and made a part hereof; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to execute the Agreement on behalf of the City. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June 2000. . ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR #'7G 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSmON COMMITTEE COMMENTS EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into as of this _ day of ,2000, by and between the Cities of Deep haven, Excelsior, Greenwood, Shorewood, and Tonka Bay, all of which are municipal corporations of the State of Minnesota (collectively, the "Member Cities"). WHEREAS, the parties hereto are authorized by law to provide fire protection and medical response services to their residents; and WHEREAS, the parties hereto have determined that such power may be best exercised jointly by . creation of the Excelsior Fire District to carry out such purposes; and WHEREAS, the parties hereto desire to enter into a joint powers agreement for the purpose of creating and implementing said District including its operation, ownership of equipment and facilities, and funding; and WHEREAS, Minnesota Statutes Section 471.59 authorizes governmental units by agreement of their governing bodies jointly and/or cooperatively to exercise any power common to the contracting parties and to provide for a joint board representing the parties to the agreement; and WHEREAS, all previous agreements, amendments or parts thereof in force at the time of execution of the Excelsior Fire District Joint Powers Agreement will be repealed and replaced; and WHEREAS, each signatory to this Agreement hereby agrees to repeal any ordinance in effect in its city that is in conflict with this Agreement, and to amend any existing ordinance or adopt a new ordinance in order to create the Excelsior Fire District; . NOW THEREFORE, the parties to this Agreement mutually agree as follows: Section 1 General Purpose and Intent 1,1 General Purpose. It is the general purpose of this Agreement: a,) To provide fire protection services including, but not limited to, fire prevention, fire fighting, and rescue and medical response to one community comprised of the HC26DS4I/26508939.vI5131/20oo Exhibit A 5/31/00 DRAFT -INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS Member Cities; and b.) To establish a joint powers governance structure to deliver the services described above consistent with the provisions of this Agreement and Minn. Stat. S 471.59. 1.2 General Intent. It is the general intent of the parties to this Agreement to declare the cities' commitment to establish, through special legislation or other means, a special unit of government to provide fire protection and medical response services to the Excelsior Fire District and to provide the basis for a smooth transition to that special unit of government. . Section 2 Organization 2.1 Establishment. There is hereby established by the execution of this Agreement the "Excelsior Fire District" (hereinafter referred to as the "District") to be managed and operated pursuant to the terms of this Agreement. 2.2 Governance. The governing body of the District shall be the "Excelsior Fire District Board" (hereinafter referred to as the "Board"). The Board shall consist of the following members: a.) Voting Members: Voting Members shall include one (1) elected official of the city council of each Member City. No employee of the District or any police department serving any of the Member Cities may serve on the Board as a Voting Member. . If any Member City/Cities are hereafter consolidated into a new municipal corporation, the new corporation shall have one (1) Voting Member representative. b.) Ex-Officio (non-voting) Members: The chief administrative officer (city manager, administrator, or clerk) of each Member City shall serve on the Board as a non- voting Ex-Officio Member. c.) Alternate Members: The city council of each Member City shall name one (1) elected official of its city council to serve as an Alternate Member in case of absence of the Voting or Ex-Officio Member. The Alternate Member shall have the authority to vote in place of (but not in addition to) the Voting Member. The HC26DS4//26508939.vl 5/3112000 -2- 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS Alternate Member shall not participate as a Board Member except in the absence of the council member or the Ex-Officio Member. . d.) Board Procedures: The Board shall elect from among its Voting Members, a Chair and a Vice-Chair. The Chair shall aetas the presiding officer at Board meetings and the Vice-Chair shall act as the presiding officer at any meetings not attended by the Chair. The Board shall have authority to adopt by-laws establishing its own procedures. 2.3 Compensation. Board members shall serve without compensation from the District, but nothing herein shall be construed to prevent a Member City from compensating its members for . service on the Board to the extent such compensation is otherwise authorized by law. 2.4 Board Ouorum. Four of the Voting Members present shall constitute a quorum for the purposes of all Board meetings, with the exception of Special Quorum Meetings, at which three Voting Members shall constitute a quorum. 2.5 Meetings. The Board shall hold regular meetings at least once each calendar quarter. The Board may also, from time to time, hold special meetings and emergency meetings. At any Board meeting attended by only three Voting Members, the three Voting Members in attendance may, by unanimou~ vote of all three Voting Members in attendance, call for a Special Quorum Meeting. A Special Quorum Meeting may be held only upon at least three days' notice. The quorum for a Special Quorum Meeting shall be achieved by the attendance of three Voting Members. . All meetings of the Board are governed by the Minnesota Open Meeting Law, Minnesota Statutes Section 471.705. Notice of a Special Quorum Meeting shall be provided in compliance with the special meeting requirements of the Open Meeting Law and provided to each of the Member Cities. 2.6 V otinl:. Each Voting Member shall have an equal vote. Unless otherwise specified herein, the Board may take action on any issue by majority vote of all Voting Members. Voting by proxy is not allowed. 2.7 Operatinl: Committee. The Ex-Officio Members shall comprise the Operating Committee. The Operating Committee shall meet with ~e Fire Chiet7District Administrator on a HC26DS4/126508939.vI5/31120oo -3- . . 5/31/00 DRAFT -INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS monthly basis and report to the Board at each regular meeting. The Operating Committee shall have authority to approve budgeted expenditures during monthly meetings. Non-budgeted expenditures must be approved by the Board. A list of bills shall be provided to each member of the Operating Committee on a monthly basis. 2.8 District Office. The address of the District shall be 339 Third Street, Excelsior, Minnesota 55331-1877. (This address may be changed by the Board.) 2.9 Fiscal Agent. The City of Excelsior shall act as the initial fiscal agent for the District. The fiscal agent shall be compensated by the District at a rate mutually agreed upon by the fiscal agent and the Board. The Board may change the fiscal agent as it deems necessary from time to time. The District shall indemnify and hold the fiscal agent harmless from any claims, causes of action, or liability arising out of actions it takes in performing duties under this section except for claims, causes of action or liability arising out of the negligent or intentional acts of the fiscal agent in performing its duties under this paragraph. 2.10 Default. No Board member shall be eligible to vote on behalf of the Member City he or she represents during such time as that Member City is in Default of the terms or provisions of this Agreement. During the time that a Member City is in Default, that Member City's seat on the Board shall not be counted for purposes of calculating a quorum or a prevailing vote. For the purposes of this Agreement, "Default" shall mean any breach of the terms of this Agreement or failure to comply with any of the provisions herein. A Member City shall not be considered in Default until it has been notified in writing by the District and has had twenty (20) business days from the date it received the notice to cure its Default. A Member City shall thereafter remain in Default until it has cured the Default. Section 3 General Powers of the Board 3.1 Powers. The Board shall have and is hereby given all powers, duties and functions enumerated in this Agreement and provide~ by law, and all such further. powers necessary to carry out the intent and purpose of the District with respect to acquisition of property and operation of the District heretofore set forth, including but not limited to the following: a.) To employ and determine the terms of employment offire protection, administrative, and other personnel, accountants, consultants, engineers, legal counsel, and other qualified personnel, except as provided in this Agreement. HC26DS4/126508939.v1 5/31/2000 -4- 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS b.) To cause reports, plans, studies, and recommendations to be prepared. c.) To purchase capital equipment and land, and to cause the construction of buildings to implement the purposes of the District. d.) To lease or purchase equipment (including capital equipment) and supplies necessary for the proper operation, care, maintenance, and preservation of District facilities and equipment. e.) To adopt District bylaws, rules and regulations for the operation, maintenance and use of District fire protection services, equipment, and facilities. . f.) To enter into mutual aid agreements with other organizations with similar purposes. g.) To dispose of capital equipment and land consistent with the terms of this Agreement. h.) To sell or lease any of its equipment (including capital equipment) as may be deemed expedient. i.) To establish a yearly operating budget for District services and a capital improvement program/finance plan (including an equipment replacement schedule) of not less than ten years' duration, which shall require approval consistent with the terms of this Agreement. . j.) To act as agent for receipt, custody, and disbursement of funds, gifts, or other funds paid or given by the Member Cities on behalf of or for the use of the District. k.) As may be authorized by State law, to act as paying agent for any bonds, contract of indebtedness, and loans made in the names of the Member Cities for the benefit of the District, and act as a custodian of sinking funds created for or required by such indebtedness. 1.) To cause an annual independent audit to be made of all its accounts, books, vouchers, and funds. HC26DS4I126508939.v15/3112000 -5- 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS ro.) To promulgate, establish, and adopt suitable bylaws governing operations of the Board. n.) To continue a Firefighters' Relief Association for the benefit of members of the District and to make such contribution to the fund of the Firefighters' Relief Association as the Board deems appropriate. 0.) To contract to provide fire protection and medical response services. . 3.2 Disbursements. Except as otherwise provided, all unanticipated disbursements of the District shall be approved by the Board and co-signed by two officials designated by the Board. Section 4 Fire Equipment, Land, Buildings, and Funds . 4.1 Disposition of Equipment to the Excelsior Fire District. Effective January 1, 2001, all equipment and personal property of the City of Excelsior Fire Department used to provide fire protection services included on the attached Schedule A (the "Leased Equipment") shall be leased to the District pursuant to the terms of an Equipment Lease Agreement (the "Equipment Lease Agreement"), for One Dollar ($1.00), for a term ending upon the dissolution of the District (which would include the creation of a Fire Services Taxing District) or the expiration of a term of five (5) years. In the event that the District is dissolved before the expiration of the five-year lease term, the Equipment Lease Agreement shall be voided, and the Leased Equipment retuI11.ed to the City of Excelsior. In the event that the District is not dissolved during the five-year lease term, title to the Leased Equipment shall be transferred to the District. All expenses relating to the maintenance and repair of the Leased Equipment and incurred during the lease term and thereafter shall be an operating expense of the District. The District shall have the right to sell the Leased Equipment pursuant to the terms of the Equipment Lease Agreement. The District shall fully document each such sale and retain all records relating to such sale. 4.2 Reimbursement to City of Excelsior Upon Dissolution. In the event of the dissolution of the District at any time during the first five years of District operation (which five-year period shall begin on January 1,2001), the City of Excelsior shall receive from the District: · One hundred percent (100%) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2001; HC26DS4//26508939.vl 5/31/2000 -6- 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS · Eighty percent (80%) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2002; · Sixty percent (60%) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2003; · Forty percent (40%) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2004; and . Twenty percent (20%) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2005. . Any sum distributed to the City of Excelsior pursuant this Section shall be in addition to any distribution owed to the City of Excelsior pursuant to Section 12 of this Agreement. Section 4.2 shall not apply in the event that the District is dissolved for the sole purpose of the establishment by the Member Cities of a Fire Services Taxing District. 4.3 Existing Land and Building. The Fire Station used by the Excelsior Fire Department prior to this Agreement shall, beginning on January 1,2001, become the initial Fire Station for the District. Ownership of the existing building and land for the Fire Station will remain with the City of Excelsior. The District shall pay the City of Excelsior a fair market rent for the space used for the Fire Station pursuant to a lease through at least June 30, 2003 unless the District is dissolved prior to that time in which case any obligations to pay rent or provide space shall cease. This rent shall be included in the budget of the District, and all Member Cities will contribute to . it in their funding allocations. Any and all leasehold improvements to the existing building and land for the Fire Station shall remain the property of the City of Excelsior, and no compensation shall be paid to the District for such leasehold improvements when and if the District vacates the existing Fire Station. In the event that District and the City of Excelsior cannot agree on the fair market rent for the space used for the Fire Station, either the City or the District may initiate an appraisal process by submitting written notice to the other party. Within thirty (30) days after the notice of the appraisal process has been issued, the City and the District shall appoint appraisers who shall, in turn, select a third appraiser to determine the fair market rent for the space used for the Fire Station. The appraisers selected by the City and the District shall produce reports with whatever supporting documentation they each see fit to provide and submit said appraisal reports to the third appraiser within sixty (60) days after the notice of the appraisal process has been issued. HC26DS4/126508939.vl 513112000 -7- . . 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS The third appraiser shall review the reports provided by the appraisers for the City and the District and, ifhe or she determines it to be necessary, additional information relevant to determining the fair market rent for the space to be used for the Fire Station. The third appraiser shall issue his or her decision within"thirty (30) days after receiving the reports of the City's and the District's appraisers. The third appraiser's decision shall be final and binding on both the District and the City. The District and the City shall be responsible for the cost of the appraisers they appoint and shall equally divide the cost of the third appraiser. 4.4 Transfer of Excelsior Fire Department Funds. The funds remaining in the City of Excelsior Fire Department Funds (specifically, fund numbers 230-31, 233-35, and 240) on December 31, 2000 shall be transferred to the District on January 1, 2001. 4.5 New Land and Building(s). For any expansions that may occur at the existing fire station site, the land shall be under the ownership of the City of Excelsior. All new buildings and lands may be owned and, to the extent permitted by law, financed by the District. The District may lease buildings and lands, including those that may be owned by any of the Member Cities. 4.6 Purchase of Equipment. Purchase of equipment by the District must be done in accordance with a capital equipment plan, which must include all physical items whose costs are anticipated to exceed $10,000, approved by the Board. To the extent allowed by law, the District may use debt instruments to make such purchases. 4.7 Use of Equipment Outside District Boundaries. All equipment controlled by the District shall be used when needed withinthe boundaries of the District for the benefit of Member Cities. It should not be used outside the District, except as follows: a.) In areas outside the District, where fire emergencies may endanger life or property within the District. b.) When use is covered by contracts duly entered into by the District for fire protection or other services outside the District. c.) When necessary to fulfill mutual aid agreements duly entered into by the Board. d.) In case of major emergency or disaster, when authorized by the Fire ChieflDistrict Administrator, or in his/her"absence, the officer in charge. Such use shall be reported as soon as possible to the Fire Chief/District Administrator. HC26DS4//26508939. v I 5/31/2000 -8- 5/31/00 DRAFT -INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS e.) When specifically authorized by the Board. Section 5 Personnel and Administration 5.1 Fire ChieflDistrict Administrator. The Fire ChieflDistrict Administrator shall be responsible to the Board for the efficient and economical operation of the District; the hiring, termination, supervision, discipline and the direction of District personnel; the establishment of rules of conduct for those personnel; and carrying out the policies and procedures adopted by the Board. The Fire ChieflDistrict Administrator is appointed by the Board and serves at the pleasure of the Board. The Fire ChieflDistrict Administrator is a full time employee of the District and may enter into an employment contract with the Board. . The Fire ChieflDistrict Administrator shall be chosen by the Board solely on the basis of training, experience, administrative, and other qualifications. The Fire ChieflDistrict Administrator shall be appointed for an indefinite period of time and may be removed by the Board at any time. The Fire ChieflDistrict Administrator need not be a 'member' of the Excelsior Fire District. Should the Board determine that there should exist separate Fire Chief and District Administrator positions, only the District Administrator position shall be the full- time paid position. If the District has not selected a Fire ChieflDistrict Administrator, the individual serving as Fire Chief of the Excelsior Fire Department on December 31, 2000 shall serve as the District's Interim Fire Chiefuntil such time as the Board selects a Fire ChieflDistrict Administrator. 5.2 Fire Marshal. The District may have a position of Fire Marshal, who shall be appointed by the Fire ChieflDistrict Administrator solely on the basis of training, experience, and administrative, and other qualifications. The Fire Marshal's responsibilities will be to enforce the Uniform Fire Code and perform other duties that may be assigned by the Fire ChieflDistrict Administrator. The Fire Marshal need not be a 'member' of the Excelsior Fire District. Fire Marshal responsibilities may be performed by a contractor who is not an employee of the District; however, the Fire Marshal under the employ of the City of Excelsior on December 31, 2000 shall automatically be appointed as the District's first Fire Marshal with continuation of hislher status as a regular employee including continuation of salary, benefits, accrued leave, and other customary issues of employment. The first Fire Marshal and all subsequent persons filling that position shall serve at the pleasure of the Fire ChieflDistrict Administrator. . 5.3 District Positions. The Board may, from time to time, establish, eliminate or reconstitute HC26DS4/126508939,v15131120oo -9- 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS other employee positions as it deems to be appropriate. 5.4 Trainin~. The District shall at all times be in compliance with such equipment, personnel and training standards as may be required by the laws of the State of Minnesota and the Federal Government. . 5.5 Employees. On January 1,2001, the personnel of the Excelsior Fire Department become the employees of the District. If it has not done so prior to January 1, 2001, the District must promptly thereafter adopt rules and regulations governing the operation, management, departmental structure, personnel administration and other similar matters related to the District and its personnel and operation. Until such rules and regulations have been adopted, the rules, regulations and ordinances of the Member City where the personnel were previously employed apply to the personnel of the District. The District shall hold the Member Cities harmless and shall defend and indemnify the Member Cities for any claims, suits, demands or causes of action for any damages or injuries asserted against the Member Cities based on allegations of wrongful, tortious or illegal conduct on the part of the personnel of the Excelsior Fire Department or the District. 5.6 Compensation of Employees. The compensation of the employees of the District shall be set by the Board. . 5.7 Membership in Firefi~hters' Relief Association. Paid on-call employees of the District shall be eligible for membership in the Excelsior Firefighters' Relief Association. Other employees are members of the appropriate public employees' retirement fund, if eligible. 5.8 Continuation of Prior Policies. Plans. and Procedures. All Excelsior Fire Department policies, plans, procedures, and by-laws not superseded by this Agreement, in place on January 1, 2001, shall remain in effect until changed by the Board. The terms and provisions of this Agreement shall supersede any conflicting Excelsior Fire Department policies, plans, procedures, and by-laws in place at the time of the effective date of this Agreement. Section 6 Uniform Fire Codes 6.1 Adoption of Uniform Fire Code. All Member Cities.agree to adopt the most current Uniform Fire Code including Appendix E (requiring building sprinkler systems) and authorize the District to enforce said Uniform Fire Code in their cities within ninety (90) days of execution HC26DS4//26508939.vl 5131/2000 -10- 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS of this Agreement. Any city not so adopting shall be considered in default of this Agreement as defined in section 2.10 unless said City agrees to indemnify and hold all other cities and the District harmless with regard to any possible circumstance or consequence. All Member Cities further agree that they will approve amendments to their City Codes of Ordinances adopting any updates or revisions to the Uniform Fire Code within sixty (60) days of receiving notice from the District that the Uniform Fire Code has been amended. Section 7 Funding 7.1 Member Contributions. Each city shall contribute an allocated share ("Member . Contribution") of the total operating budget (capital and operating expenses) to the District as established by the Board. The share allocated to each Member City shall be based upon that Member City's percentage of the: 1. 2. total tax capacity for the District as of June 30 of the prior year; assessor's estimated market value for property within the District as of June 30 of the prior year; population of the District based upon the most recent Metropolitan Council estimates of population within each Member City as of June 30 of the prior year; total number of tax parcels within the District as of June 30 of the prior year; and total number of calls made by the District over the previous three (3) calendar years prior to the immediately preceding year except that the calls made to 255 Mill Street in Excelsior do not count for purposes of this formula. . 3. 4. 5. Initially, the allocations shall be made by adding each of the percentages identified above and dividing by five. Over time, the allocations will transition to a purely tax capacity based formula on the following schedule: Tax Capacity Weight in Formula 2001 2002 2003 HC26DS41126508939. vI 5/31/2000 Other 4 Factors* Weight in Formula 20% 20% 30% 80% 80% 70% -11"'- 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS 2004 2005 2006 2007 2008 2009 2010 40% 50% 60% 70% 80% 90% 100% 60% 50% 40% 30% 20% 10% 0% *Each of the four factors would be equally weighted within their collective percentage of the formula. . An illustration of the manner in which the formula will be applied is attached as Schedule B. 7.2 Ouarterly Payment. The District shall bill each of the Member Cities on a quarterly basis at least thirty (30) days before payments are due. Beginning January 1,2001, Member Cities shall forward their contributions to the District on a quarterly basis, with such contributions being due and payable no later than: First Quarter: Second Quarter: Third Quarter: Fourth Quarter: February 1 Mayl August 1 November 1 . In the event that a Member City fails to pay any contribution required hereunder on the date due, such Member City agrees to pay a late charge of one-half percent (0.5 %) of the delinquent amount to defray the costs of the District incident to collecting such late payment. Member Cities further agree to pay additional penalties of one-half percent (0.5 %) per day after Default until payment is made. This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other rights the District may have. Section 8 Budget 8.1 Approval of Capital Improvement Pro~m/Finance Plan. After approval of the District's annual Operating Budget covering the calendar year 2001, the Member City councils shall approve a Capital Improvement ProgramJFinance Plan by an affirmative vote of a two- thirds majority of the Member City councils. Any proposed amendment to the Capital HC26DS4/126508939.vl 5/3112000 -12- 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS Improvement Program/Finance Plan shall be approved by an affirmative vote of a two-thirds majority of the Member City councils no later than April 15. The vote on the Capital Improvement Program/Finance Plan or any amendment thereto shall be binding upon all Member Cities. 8.2 Approval of District Operating Budget. The annual District Operating Budget, which shall include any outlay necessitated by the Capital Improvement Program/Finance Plan, must be approved by an affirmative vote of the majority of Member City councils. The vote on the annual District Operating Budget shall be binding upon all Member Cities. 8.3 Budget Process and Schedule. The annual District Operating Budget shall consist of . the entire cost of operation of the District mc1uding the costs incurred by the District in financing the special fund of the Firefighters' Relief Association, which shall be determined pursuant to the provisions of Minnesota Statute Section 69.774. Except for the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by June 15. The Member City councils shall vote on the proposed budget by September 1. For the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by August 1, 2000. The Member City councils shall vote on the calendar year 2001 proposed budget by September 1,2000. 8.4 Base Budget. If the Member Cities are unable to agree on the proposed budget, the amount of the previous year's budget will be increased by the lesser of the following: a.) The increase in the July Minneapolis/St. Paul Consumer Price Index for All Urban . Consumers (CPI-V) over the previous 12-month period; or b.) The percentage increase in the most restrictive statutory levy limit applicable to the budget year placed on any of the Member Cities over the levy limit for that Member City for the prior year. c.) In the event that (a) or (b) decreases, the operating budget shall remain the same. If the Member Cities are unable to agree on the proposed budget for calendar year 2001, the Excelsior Fire Department budget for calendar year 2000 shall be increased by the lesser of the items a.) - c.), above. 8.5 Budget Reports. Beginning January 1,2001, the District agrees to submit to each of the HC26DS4/126508939.vl 5/31/2000 -13- . . 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS Member Cities through its Operating Committee member a quarterly budget report. Furthermore, the District agrees to submit to each of the Member Cities through their Operating Committee members a copy of the District's annual financial report no later than June 15 of each year. Section 9 Dispute Resolution 9.1 Dispute Resolution Process. Except as provided in section 4.3, when any Member City believes that there is a misrepresentation or a violation of the specific terms and conditions of this Agreement, that Member City may initiate the dispute resolution process by submitting to the District and each Member City a written statement outlining the dispute or disagreement. This written statement of dispute shall be forwarded by the complaining Member City to the Board at the Board's next scheduled meeting. The Board will then have a three (3) month period to resolve the dispute as to interpretation or application of the terms of this Agreement. If the dispute is not resolved within the three (3) month period, the dispute shall be forwarded by the Board to an appropriate mediation service. The Board may independently call for dispute resolution of any issue, by majority vote of its Voting Members. 9.2 JudicialRelief. If the aggrieved Member City and the Board cannot mutually agree to a resolution through the mediation process as described in Section 9.1 within ninety (90) days after the initiation of the mediation process, either the aggrieved Member City or the Board may submit the issue to arbitration pursuant to the Uniform Arbitration Act. Section 10 Withdrawal 10.1 Notice. Notice of intent to withdraw from participation in the District may be given only in March of odd-numbered years, with a minimum of 33 months' notice of intent to withdraw. 10.2 Continuing Obligations After Withdrawal. The withdrawing Member City shall pay an amount equal to 500% of the amount allocated to it during the year of its notice of intent to withdraw. The withdrawing Member City may make this payment during the five years succeeding its leaving the District, but in no year shall the amount paid be less than one-fifth of the 500% amount. HC26DS4//26508939.vl 5/3112000 -14- 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS 10.3 Vestin~. Any party withdrawing from the Agreement shall have no vested rights or ownership in any of the property or assets of the District. 10.4 Not Applicable if Dissolved. This Section shall not apply if the District has been dissolved pursuant to Section 11 of this Agreement. Section 11 Duration and Dissolution of District 11.1 Duration. Unless dissolved pursuant to this Agreement, the duration of the District shall be perpetual. . 11.2 Dissolution. The District shall be dissolved upon the affirmative vote of a two-thirds majority of the Member City councils. Dissolution shall occur at the end of the second full calendar year after the date of the agreement to dissolve, unless this joint powers entity is reestablished as a special unit of government. Dissolution shall also occur if: (1) the District does not adopt and the Member City councils do not approve a Capital Improvement Program/Finance Plan by July 1, 2002, that includes funding for the construction of a new station(s) and/or the renovation of the existing fire station; the location(s) of a new fire station(s) for which shall be determined based upon, among other things, improving the existing fire response times to Member Cities; and the plan and budget for the station(s) has been determined by the Board and recommended to the Member City councils as what is necessary to provide the best service for the District based upon a disinterested, professional feasibility study; or . (2) said renovation or construction does not begin by June 30, 2004. Dissolution under the terms in (1) above shall occur on December 31, 2002. Dissolution under the terms in (2) above shall occur on December 31, 2004. Section 12 Distribution of Assets Upon Dissolution 12.1 Upon dissolution, the assets of the District shall be liquidated according to State law. All HC26DS4//26508939.vl 5/31/2000 -15- . . 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS cash from the liquidation of assets shall be distributed to the vested Member Cities based upon their share in the funding allocation in effect on the date of the agreement to dissolve except as provided in section 4 of this Agreement. Section 13 Counterparts 13.1 This Agreement may be executed in several counterparts and all so executed shall constitute one and the same agreement and instrument, binding on all of the parties hereto. Section 14 Additional Members 14.1 Process. A municipality shall be added to the District only upon receiving the approval of each existing Member City. 14.2 Equipment. Municipalities added to this agreement shall not be compensated for equipment donated to the District. 14.3 Bud~et. The budget as established in Section 8 of this Agreement may be adjusted to reflect the addition ofmember(s) to the District should such member(s) be added. 14.4 Vestin~. A new member must be party to this Agreement ten (10) years in order to have a vested interest in the assets of the District for the purposes of Section 12.1. 14.5 Adjustment of Membership. If any Member City/Cities consolidate with another Member City/Cities (I.e., merge to form a single new municipal corporation) the consolidated municipal corporation shall automatically become a single Member City party to this Agreement. Section 15 Amendment of Agreement 15.1 Required Approval. This Agreement may be amended by identical resolutions adopted by the city council of every Member City. Such resolutions must be fIled together with the Board. 15.2 Submittal/Consideration/Action Process. The Board or any Member City may propose amendments to this Agreement. Such amendments shall be in the form of a Board or city HC26DS4I/26508939.v15/31/2000 -16- 5/31/00 DRAFT -INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS council resolution, and shall clearly identify the proposed amendment and the reason(s) for the amendment. Any such proposed amendment shall be presented to the Board. The Board shall review the proposed amendment and issue a report on it to the Member Cities within ninety (90) days of proposal of the amendment. Member Cities shall have ninety (90) days after the Board issues its report in which to adopt city council resolutions as identified in Section 15.1. Section 16 Allocation of Resources The parties to this Agreement recognize the possibility that occasions will arise on which demand for the services outlined in this Agreement will exceed the resources available for . provision of such services. In such circumstances, District officials shall use their best judgment to prioritize the delivery of services. The parties hereby agree that District shall have complete and definitive discretion in prioritizing the delivery of services pursuant to this Agreement. Section 17 Effective Date Except as otherwise provided herein, this Agreement is effective on September 1,2000 provided that executed copies of this Agreement, accompanied by a resolution of the city council of each Member City authorizing approval of this Agreement, are filed with the city clerk of the City of Excelsior. Section 18 Notices . Any notice to the District required or permitted to be given under this Agreement shall be given in writing, and shall be sent by certified mail to the registered address of the District. Notice to each Member City shall be given in writing via U.S. Mail or fax to the address of the Voting Member and the City Clerk for that City. Section 19 Choice of Law The provisions of this Agreement shall be construed in accordance with the laws of the State of Minnesota. HC26DS41126S08939.vl 513112000 -17- . . 5/31/00 DRAFT - INCORPORATING 5/24 DISCUSSIONS BY CITY"ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS Section 20 Headings and Captions The headings and captions of this paragraphs and Sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. Section 21 Entire Agreement This Agreement contains the entire understanding between the Member Cities and the District concerning the subject matter hereof, and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except if done in accordance with the provisions of Section 15 of this Agreement. Section 22 Limitation of Liability - District 22.1 Each Member City shall hold the District harmless and will defend and indemnify the District for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of that Member City. This provision does not apply to actions taken by employees, agents, or officers of Member Cities to the extent that they are acting as Board Members (Voting, Alternate, or ex officio) of the District. 22.2 The District shall hold its Board Members (Voting, Alternate, and ex officio), the Member Cities, their City Council Members, employees, and other agents harmless and will defend and indemnify the Board Members (Voting, Alternate, and ex officio ), Member Cities, their City Council Members, employees, and agents for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of the District. The District's duty to indemnify will be limited to its applicable insurance coverage. Section 23 Limitation of Liability - Member Cities The District shall hold the Member Cities harmless, individually and collectively, and will defend and indemnify the Member Cities for any claims, suits, demands or causes of action for any damages or injuries, arising prior to the establishment of the District, based on allegations of negligence or omissions by employees, officers, or agents of any of the Member Cities arising HC26DS4//26508939.vI5/31/2ooo -18- 5/31/00 DRAFT -INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS out of the provision of fire protection services (or the failure to provide such services) including, but not limited to, fire prevention, fire fighting, and rescue and medical response services. HC26DS41126508939.vI5/31I2ooo -19- . . 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSmON COMMITTEE COMMENTS IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be executed by their duly authorized officers. CITY OF DEEPHA VEN CITY OF EXCELSIOR By By Its Its Date: , 2000 Date: ,2000 . ATTEST: ATTEST: City Clerk City Clerk CITY OF GREENWOOD CITY OF SHOREWOOD . By Its By Its Date: , 2000 Date: , 2000 ATTEST: ATTEST: City Clerk City Clerk HC26DS4/126508939.vI513l12000 -20- 5/31/00 DRAFT -- INCORPORATING 5/24 DISCUSSIONS BY CITY ATTORNEYS AND 5/30 TRANSITION COMMITTEE COMMENTS CITY OF TONKABAY By Its Date: , 2000 ATTEST: . City Clerk . HC26DS4Jn6508939.vl 5/31/2000 -21- , ~-" "'iill~, f~, ~ r :\": -:l ' \U ~ '" \1: ~ juri u zIlOO \:1... Excelsior Fire Department Inventory Sheet Page 1# 1 of 6 Date ~"I! -:-Mav~%OOO'- Taken By Garv Rineate Location Quantity DescriDtion cquired Urnt Value xtension 1 1976 Ford 9000 - 2650 23llon Tanker Truck 1976 :~ $56,690 1 1978 Generl S,,",~y w/l000 gpm Pump 1978 $61.100 1 1986 General Safety ~ w/1250 gpm Pump 1986 $150,000 $150,000 1 1988 Ford F350 Utility Truck w/250 gpm Pump 1989 $37,500 $37,500 1 1990 Mack Custom Rescue Truck 1995 $116~ $116,520 1 1996 Chevy Lumina 1995 $14,3 $14,340 1 1998 ALF 65' Telesquirt w/1500 gpm Pump 1998 $443,815 $443,815 1 ~,000 Gallon Dump Tank 1 1999 Polaris Snowmobile 1998 $3,600 $3,600 1 1999 16-foot Enclosed Trailer 1998 $4,685 $4,685 1 16 Foot Aluminum Boat w/15 ho Motor & Trailer ~O $1,250 1 Sled for Snowmobile 1 Zodiac Boat 1990 $1,110 $1,110 1 e>500 Watt Generator 1 5000 Watt Generator 1 Honda Generator - # 15 1998 $I,~ $1,488 3 10' Section of3" Hard Suction Hose 2 12' Sections of 6" Hard Suction Hose 2 Strainers for 6" Hose 1 ' Strainer 1 25' Section of 4" LDH 1 Water Jet 1 Life Link & Electrodes 2 Suction - Automatic 19 Boxes of Fire Line Tape 1 LUCas Cutter 1 Lucas Spreader 1 lLucas Hand Pump .. 1997 $22,890 $22,890 3 Loggin Chains 1 ~ucas Powered Pump 1 6 Foot of Hydraulic Hose 1 - Vac 6 Cellular Phones 1 Investigation Kit 3 Cameras 3 lrohnson Bars 2300 feet ~' LDH Hose Date A Estimated E c::::.c.: \V6od'1 l..ov~ / ..J e:< h 1"\ ~ ~,.....(u\'\ k.t \ Excelsior Fire Department Inventory Sheet Page 1# 2 of 6 Date Taken Mav.2000 Taken By Garv Rineate Date Estimated . . Location Quantity cIiDtion Acquired Urnt Value Extension 5 10' Sections of 5" Hard Suction Hose 4 5"Strainers 30 1 1/2" Nozzles 10 21/2" Nozzles 32====t=torz Wrenches 100 Spanner Wrenches 40 Spanner Bolts 36 Dress Blue Uniforms & Hardware 2000 feet 3" Hose 3200 feet 1 3/4" Hose 500 feet 1 1/2" Hose 18 Hydrant Wrenches 3 Chain Saws , 1 Gas Powered Fan 2 K12 Saws 3 Ice Chisels 4 h Cans 4 Witch Forks 3 Hax Bars 5 Crow Bars 8 Portable Junka Lights 5 Hand Spotlights 5 Extension Cords 5 Extension Cord Reels 1 Onan Generator 1 Portable Fire Pump 8 Cold Water Suits 1 Bauer Breathing Air Compressor & Cascade System 3 50-Foot Garden Hoses 1 Shop Vac 24 5-Gallon Jugs of Class B Foam 1 Shop Creeper 1 IRollin2 Tool Box & Tools 1 Clothes Dryer .. $l,8.22..l $1,800 1 Clothes Washer 1 Little Giant Ladder n Des . . Excelsior Fire Department Inventory Sheet Page # 3 of 6 Date Taken Mav. 2000 Taken By Gary Rin2ate Location Quantity cIiption cqw mt ue ension 1 200-Foot Cord Reel 56 Sets of Turnout Gear 5 Turnout Coats 2 Pairs of Bunker Pants I 48 Helmets H 36 Sets of Boots 50 Sets of Gloves 3 In..~jj Cans 2 lBack-Pack Pump Bladders 2 lPressurized Water Extinguishers 1 130-Foot Three Section Ladder ~hable Monitor Deluge Assorted Small Hand Tools 1 eat Gun Misc. Adapters and Reducers 8 H;'drant Gates 2 112" qt Gated Wires - 2 112" to 1 1/2" MSA Air Packs MSA I-Hour Bottles .. $51,000 $51,000 44 MSA 1/2-Hour Bottles 4 Pairs of Binoculars 5 Dead Blow Hammers Assorted Logging Chains 12 02 Bottles 12 Blankets 1 Rescue Blanket 6 Life Jackets 4 Rescue Discs 20 Stream Li2hts & Char.gers 10 SalVlme Covers 15 Hallway Runners 7 ~lectric Fans 4 Fan Stabilizers 4 Fan Locks 4 10-FootAttic Ladders 1 12-Foot Attic Ladder 6 Halli23ll Tools 10 ICloset Hooks 20 iTraffic Cones 5 Portner Prv Axes Des " " Date Estimated A "red U" Val En Excelsior Fire Department Inventory Sheet Page #I 4 of 6 Date Taken Mav.2000 Taken By Garv Rineate Location Quantity Descrtption Acqwr mt ue xteDSlon 10 Poor Bars 12 Box Lights 4 Tool Boxes 13 ABC Fire Extinguishers : 6 02 Resuscitator Kits 8 Long Boards 5 C Collars 5 Foot Blocks . 5 Head Blocks 8 Short Blocks 7 oas Cans 7 StoP Signs 7 Trauma Kits 17 Shovels 8 lPike Poles 3 CODlDuters J. CODlDuter Scanner 3 Printers 5 Phones 14 2-Drawer File Cabinets 3 4-Drawer File Cabinets 1 Sham Copier 1 Facsimile Machine 4 Wall Clocks 347 Fire Deoartment Video Tapes 1 Addin~ Machine 2 Mail Box Cabinets 9 Office Chairs - Swivel 2 W x 4' Book Shelves 1 m' wan Cabinet 1 Rp.on1ator Tester 3 DeSkS 2 Counter Top Desks =t==1 4' x 6' Storage Cabinet 4 Snow Shovels 12 Push Brooms .6 Wash Brooms 12 FloorS 9 ~' X 6' Stora2e Cabinets 1 ~ Rack Date Estimated . ed U. Val E Excelsior Fire Department Inventory Sheet Page ## 5 of 6 Date Taken Mav.2000 Taken By Gary Rin2ate Date Estimated Location Quantity Description Acquired Unit Value Extension 1 2S-Foot Ladder 2 Bench Grinders I Lar~e Tool Box & Tools 4 50-Foot Sections of Haz Mat Booms I 14' X 6' Work Bench 1 8' x 8' Fire Education House I 5-Ton Floor Jack I 3ench Vice I -hp 50-Gallon Comoressor . I 6-Foot Steo Ladder 7 Sledge Hammers 2 ~ 2 14 ~ick-Head Axes 2 Resuscitator Annies 2 Want Resuscitators 30 Monitor n w/Char1ites 37 Monitor I w/Char~es 1 Motorola Portable Radio 1 Refrigerator 1 Stove 1 70-Foot Ladder 1 Two-Section Ladder !Assorted Fire & UBC.Code Books 1 6-Foot Rescue Rope !Assorted Historical Data 60 Park Memories Prints Assorted Computer Software Assorted Trainin1it Manuels 1 Personal Labeler Misc. Medical Supplies $1,000 $1,000 2 IS-Foot Roof Ladder I 2 24-Foot Two-Section Ladder 2 35-Foot Three-Section Ladder 5 IAttic Ladders Skull Saver , 1 iL'azer Heat Gun 1 Tick Tracer 3 MSAP 2 MSA Passport Kits Excelsior Fire Department Inventory Sheet Page # 6 of 6 Date Taken Mav.2000 Taken By Gary Rin2ate . Location Quantity cnption Acquired mt ue enSlon 6 Funnels I Portable Deluge Gun 2 Explosion Meters I Skill Saw 1 K-TooI U 1 Sunm Punw 1 1.5" Foam Eiector 1 2.5" Foam Eiector 2 !Foam Tubes 2 ~ot Sticks I ~Iectric Chain Saw 1 Sawzall Kit I Portable Power Kit 4 Throw Bags & ROPe I EZ StOP Shock Absorber 4 lAir Bags 1 Air Bag Control & Adooters 1 Scoop Stretcher I Kid Board I Seat Belt Cutter 1 Glass Master I Come Along Assorted Splints 1 Horn Traction t 1 Heart Start 1 Mega Phone 2 Bwn Kits 2 OB Kits 3 Mast Suits Des" Date Estimated U . Val En . ,. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 9 June 2000 RE: Finance Director Position FILE NO.: Admin (Personnel) -- On Thursday, 25 May, AI Rolek, Steve McDonald and I interviewed three of the nine candidates that applied for the position of Finance Director. It was unanimous to recommend to the City Council that Bonnie Burton be offered the job. Not only are qualifications excellent, she interviewed very well. I believe she will be a good fit for our office. . Subject to the standard background checks and physical examination, I recommend that the job be formally offered to Ms. Burton. She had indicated that she could start in as little as two weeks, but would like to discuss a transition period so as to give her current employers time to find her replacement. - Please consider this a request for authorization to formally offer the position to Ms. Burton. - On a side note, I am requesting authorization to present either a check or gift certificate for $100 each to AI Rolek and Steve McDonald for their assistance in the candidate selection process. This is considered to be a token of appreciation since they spent several hours reviewing applications and interviewing. I could not have done this without their help. If you have any questions relative to this matter, please do not hesitate to contact me before Monday night's meeting. Cc: Finance Dept. ,. ".1 PRINTED ON RECYCLED PAPER '1t1V , Bonnie Burton 13801 Minnetonka Drive Minnetonka, MN 55305 (612) 935-6792 April 17, 2000 City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 . Dear Sir or Madam: In response to your recent advertisement for a Finance Directorrrreasurer, enclosed is my resume and a completed city application for your consideration. As you can see, I have several years of municipal finance experience with various west metro small cities. I currently serve as City Clerk-Treasurer for the cities of Watertown and Norwood Young America. I also served on the Norwood Young America Merger Finance Committee and was instrumental in helping them combine the financial and accounting systems of two separate cities (using Banyon software) for the newly consolidated city. In addition, I have an MBA from the University of Minnesota with a concentration in finance and have worked in a CPA firm assisting with the annual audits of several small cities. . I am excited about this.position and look I forward to the opportunity to discuss a possible mutually beneficial relationship in the very near future. Thank you for your courtesy and consideration. SL~ Bonnie Burton --- 1'~D fE ~ ~ r \\;7 ~_ [-1"'\,. If;\lr. -- -:II' _ j I APR 19 2lJ(!O ~. jay , 13801 Minnetonka Drive Minnetonka, MN 55305 Phone (612) 935-6792 Bonnie Burton Objective A management position in municipal finance. Experience 1998-Present , City of Norwood Young America NYA, MN City Oerk- Treasurer · Part-ti."Ile (18-22 hours) position providing v.nance activities associated with municipal finance/city clerk's office for a smaIl city in the west metro. · Duties include budget preparation, investments, financial analysis/reporting, payroIl, fund accounting, special assessments, elections, and special projects. · City uses Banyon Data Systems (BDS) software: payroll, fund accounting, utility billing; Windows NT; Microsoft Office applications. . 1997-Present City of Watertown Watertown, MN City Oerk- Treasurer · Part-time (25-30 hours) position providing finance activities associated with municipal finance/city clerk's office for a small city in the west metro. · Duties include budget preparation, investments, financial analysis/reporting, payroll, fund accounting, special assessments, elections, and special projects. · City uses Banyon Data Systems (BDS) software: payroIl, fund accounting, utility billing; Novell network; Microsoft Office applications. . 1994-1997 Maiser & Associates, CPA Waconia, MN Director · Developed and implemented marketing plans to solicit municipal audit business and assisted with annual municipal and SWCD audits. · Our firm facilitated merging the financial and accounting systems for the cities of Norwood and Young America, using BDS software. · Other duties included business and computer consulting, individual income tax preparation, monthly accounting and payroll tax accounting, and any other duties necessary to operate an accounting office efficiently. 1990-1994 City of Victoria Victoria, MN Finance DirectorlDeputy City Oerk · Responsible for all aspects of municipal finance and accounting, including budget preparation, investments, purchasing, financial analysis and reporting, utility billing, revenue collection, special assessments and debt issuance. · Facilitated automation of the city's finan<;ial and accounting system using BDS municipal software and a networked computer system. Burton - Page 2 of 2 Education References 1982-1989 CPT Corporation Eden Prairie, MN Cash Management Analyst Associate Treaswy Analyst Contracts Administrator . Responsible for cash forecasting, investment portfolio management, risk management and debt management for a local word-processing manufacturer with over $100+ million revenue at the time. University of Minnesota Minneapolis, MN . MBA, 1990. Concentrations in finance and strategic management. . BA, 1975. Major: psychology Available upon request. , . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 8 June 2000 RE: Phosphorus Fertilizer Ordinance FILE NO. 405 (Nat Res) As you are aware, the City has attempted over the past few years to educate residents about the negative impacts of phosphorus on our water resources. The Land Conservation and Environment Committee has now recommended that the Council consider adoption of an ordinance regulating the use of phosphorus in lawn fertilizers. A number of metropolitan areas, the most recent of which is Tonka Bay, have adopted such regulations. . Perhaps the best example of these ordinances is the one adopted by the City of Plymouth, a copy of which is attached. It is suggested that their ordinance be used as a model for Shorewood's regulations. Given the length of Monday night's agenda, it is not suggested that a great deal of discussion occur that night. Rather, if the Council agrees with the LCEC's recommendation, staff should be directed to bring a draft ordinance back at a future study session (possibly 10 July). If you have any questions relative to this matter, please do not hesitate to contact me at 474-6558, or athome this weekend at 566-8355. Cc: Larry Brown Tim Keane #7E .,. ~J PRINTED ON RECYCLED PAPER JUN. 9.2000 8:22AM CITY OF PLYMOUTH ENG NO. 211 P.2/7 ORDINANCE NO. 95- AN ORDINANCE Al\fENDING CHAPTER X AND XI OF THE PLYMOUTH CITY CODE CONCERNING LAWN FERTILIZER APPLICATION CONTROL THE CITY OF PLYMOUTH ORDAINS: SECTION 1. provide: CHAPTER XI ofPlymoutb. City Code is amended by adding Section 1170 to 1170 - Lawn Fertilizer Application Control 1170.01. Purpose. The City has conducted studies and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other o;:.ho;:.m ;'-." l.~ .....n+.c..-ino!; tho 1...1ec,", a.., ta. re3ult oof 3~ 'W'a.t_ ~off or otD.or O~1,)COO. Tho 'ploU'pooo of' thio 02."~oe is to define regulations which will aid the City in managing and protecting its water resources which are . enjoyed by its residents and other users. 1170.02. Definitions. For the purpose of this sectio~ certain terms and words are defined as follows: "Cummercial Applit:uiur".i:s i:i J:.11::J.l:iU1l whu il) c.ugi:l.ge;1l ill die; busiu.o~ of Applying fcl1:i!iz,;::r for hlll:.. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that e not manipulated, marl. lime, limestone, and other products exempted by Rule by the Minnesota C mmissioner of Agriculture. "Noncommercial Applicator" is a person who applies fertilizer . g the course of employment, but who is not a commercial lawn Fertilizer applicator. "Pesticide" means a substance or :mixture of substances intende to prevent, destroy, repel, or xni-tiSa.to a. poet, and Go au:batcanoe or ~e of' Ou,Dctcm.oec iDt. :for loWe ac a pl:ant regulator, . defoliant or desiccant. 1170.03. Re atioDS for Commercial Lawn Fertilizer A Heators Subd. 1. License Required. No person, rum., corporation r franchise shall engage in the business of commercial lawn fertilizer applicator within the City unless a Ii ense has been obtained from the City Manager or a designee as provided herein. Page 1 of6 JUN. 9.2000 8:22AM CITY OF PLYMOUTH ENG NO. 211 P.3/7 Subd. 2. License Application Procednre. Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Manager or a designee. The application shall consist of the following: (a) Application Form. Applications forms shall be provided by the City and shall include the following instructions: (1) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (2) Description of lawn fertilizer formula proposed to be applied on lawns within the City. (3) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. (b) Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product chemical analYSis of the intended lawn fertilizer, shall be submitted to the City along with the initial application for . a license, and. thereafter, at least seven days before fertilizer composition changes are implemented. . (c) Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. (d) License Fee. The license fee as established in Chapter 10 of the Plymouth City Code. The license shall expire on the 31st day of December. The license fee shall not be prorated. SllbcL 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions which shall be specified on the license form: (a) Random Sampling. Commercial la'WIl fertilizer applicators shalI permit the City to sample any commercial lawn fertilizer applications to. be applied within the City at any time after issuance of the initial license. . (b) Possession of License. The commercial lawn fertilizer license, or a copy thereof shall be in the possession of any party employed by the commercial la'WIl fertilizer applicator when making lawn fertilizer applications within the City. (c) Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City, Cd) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and including 17.729 and amendments thereto. The licensee shall also comply. with the provisions of the Pesticide Control as contained in the Minnesota Statutes Chapter 18B. Pa;e20f6 PbO~phQte Free Fertilizer Ordmances City ofPlymrmth JUN. 9.2000 8:22AM CITY OF PLYMOUTH ENG NO. 211 P.4/7 1170.04. General Reaulations. Subd. 1. Time of Application. Neither commercial applicators or noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs. Subd. 2. Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators sball be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. Subd. 3. Fertilizer c.ontent. Neither a commercial applicator nOr a noncommercial applicator shall apply any lawn fertilizer, liquid or granular, within the City of Plymouth which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: (a) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost (b) or as otherwise provided in Section 1170.05. Subd. 4. Impervious Surfaces and Drainae;e Ways. impervious surfaces, areas within drainage ditches, or waterways, No person shall apply fertilizer to . Sllbd. 5. Buffer Zone. Fertilizers and pesticides shall not be applied: a) to any established natural buffer zones as outlined in City Wetland Ordinance No. 95-2; b) below the Ordinary High Water lines as established by the Minnesota Department of Natural Resources; or c) with ten (10) feet of any wetland or water resource. Subd. 6. WaminSl Si~ for Pesticide Application. All commercial or noncommercial lawn fertilizer applicators who apply pesticides to turf areas must post or affix warning signs on the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following infonnation: (a) The warning signs must project at least eighteen (18) inches above the top of the grass line. . The warning signs must be of a material that is rain resistant for at least a forty-eight (48) hour period and must remain in place up to forty-eight (48) hours from the time of initial application. (b) The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least one-half inch (112"), or in another format approved by the Minnesota Commissioner of Agriculture. The signs must provide the following information: (1) The name of the business, entity, or person applying the pesticide; and (2) The following language: "This area chemically treated. Keep children and pets off until (date of safe entry)" or a universally accepted symbol and text approved by the Page 3 of6 Pho$phtztc Fru Fertiliur Ordintmcu City qf Plymouth JUN. 9.2000 8:23AM CITY OF PLYMOUTH ENG NO.211 P.5/7 Minnesota Commissioner of Agriculture as recognized as having the same meaning or intent as specified in this subparagraph. The warning signs may include the name of the pesticide used- (c) The warning sign must be posted on a lawn or yard between two (2) feet and five (5) feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds, or other similar recreational property, the warning signs must be posted immediately adjacent to areas within the property where pesticides have been applied and. at or near the entrances to the property. 1170.05. Exemption to Phosphorous Requirement. The limitation pertaining to quantity of phosphorous shall not apply to: (a) newly established or developed turf and lawn areas during first growing season; or (b) turf and lawn areas which soil tests confirm are below phosphorous levels established by the University ofMlonesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. . Phospho11lS applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits specified in this Chapter, the City must receive notice from the commercial license applicator of the lawn fertilizer applicatio~ the reason for exceeding the phosphorous limitations provided in this Chapter and the amount of' phosphorous contained in the lawn fert:ilizer to be applied. 1170.06. Penalty. A:IJ.y person violating this Chapter shall be guilty of a petty misdemeanor. The City may revoke a commercial appl1cator'::l licemie fur repc=al. violaLioIlSOfLhis Chaptt:r. SECTION 2. CHAPTER X of Plymouth City Code is amended by adding Section 1010.01 subd.7 to provide: . Subd.7. Commercial Lawn Fertilizer-: Applicator License (R) .'::1 nn nn, wn;r.n ;nr.lnnp..<; tn~ 11!~~ of on,., vPonir:lp. (b) $ 25.00 for each vehicle used in the application of Fertilizer in the City of Plymouth in excess of first vehicle SECTION 3. This ordinance shall be effective as of January 1, 1996. A nOP"'1i'.n My tn~ r.;ty r.n11Twl tn;~ nRY of .1QQ_ Joycelyn H. Tiemey, Mayor ATTEST: Page 4 of6 PIo_tlJl'h._ p,.".. F-mc- thvIintlm_ City of Plymouth JUN. 9.2000 8:23AM CITY OF PLYMOUTH ENG NO. 211 P.6/7 Laurie F. Ahrens, City Clerk CITY OF PL YMOUIH HENNEPIN COUNTY, :MINNESOTA ORDINANCE NO. 99- AN ORDINANCE AMENDING CHAPTER Xl OF THE PLYMOUTH CITY CODE CONCERNING LAWN FERTlLIZER.APPLlCATION CONTROL THE CITY OF PLYMOUTH ORDAINS: SECI'ION I. Subdivision 3 of Section 1170.04 of the Plymouth City Code is amended to read as follo..vs: Subd. 3. Fertilizer Content. No person; firm, corporation, franchise, or commercial or noncommercial applicator, including homeowners or renters, shall apply any lawn fertilizer. liquid or . granular, within the City of Plymouth which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: (~) Ihe; uc.\tul.ally oc.\:.w:d.ng pho:!phorou.:s in 1.1:DAdul'b:.mtcd nQ.turo.l or orslmic fertilizing product3 such as yard waste compost; (b) or as otherwise provided in Section 1170.05. SECTION 2. Section 1170.05 of the Plymouth City Code is amended to read as follows: 1170.05. (a) (b) Exemption and Notice Requirement. The prohibition against use of fertilizer containing any quantity of phosphorous under Section 1170.04 shall not apply to: newly established or developed turf and lawn areas during first growing season; or turf and lawn areas which soil tests confirm. are below phosphorous levels established by the . University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. Any person, firm, corporation, franchise, or commercial or noncommercial applicator, including a homeowner or renter~ sbal1 notify the City at least 24 hours prior. to applying lawn fertilizer containing phosphorous of the reason for using fertilizer containing phosphorous and the amount of phosphorous contained in the lawn fertilizer to be applied. PageS of6 Phosphate Free Fer1ilizt!:, O,dinanCQ City of Plymouth n i k" "',. . . JUN. 9.2000 8:23AM CITY OF PLYMOUTH ENG NO. 211 SECTION:I. ThiQ OI"din;u1c9 s:h.all be- 'Pffe<:'ti"p' immArl;~tl'!ly llJV'" itq Jl~<::AAep.. ADOPTED by the City Council this ATTEST: day of ,1999. Joycelyn H. Tierney, Mayor Laurie F. Ahrens, City Clerk P.7/7 Page 6 of6 Phospluzte Free Fertillur On/manus City o/Plymouth . . .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: Mayor and City Councils of Shorewood, Excelsior, Tonka Bay Larry Brown, Director of Public Works - Shorewood ~ June 9, 2000 RE: Consideration of a Motion to Adopt Resolution Accepting Bids and Awarding Contract to Pearson Bros. Attachment 1 is the bid tabulation for the seal coating, which shows the total amount for the bids received for Bituminous Seal coating of Streets for the Cities of Excelsior, Shorewood, and Tonka Bay. Attachment 2 is the tabulation of quantities for your reference. Table 1 shown below indicates the subtotals for each municipality. :.::i:;i'ii.l::::':'\i::':.:ilil~~II!.il!:::~:!i.lj.:\!il.:!i:'i'i::.i:l!::::i:i:.l:.llii:iEg!!!!l!li'ii'i::l:l:il.:'il!i Excelsior $ 50,197.03 Shorewood $ 44,648.72 Tonka Bay $ 24,645.91 Project Total $ 119,491.66 Pearson Bros. provided the low bid and has completed joint sealcoating projects for the municipalities involved previously. Therefore, Staff is recommending that the City Councils Accept Bids and Award Contract to Pearson Bros. as indicated above. #8'A n ~J PRINTED ON RECYCLED PAPER .. ... CITIES OF EXCELSIOR, SHOREWOOD AND TONKA BAY, MINNESOTA SEAL COAT PROJECT 2000 BID TABULATION 10:00 A.M. June 7, 2000 Pearson Bros. Yes $ $ 119491.66 127279.85 Allied Blackto Yes . . Attest I hereby certify that the bids tabulated here are a true and correct representation of bid received and opened on this date 9~a,~ Panc/t(.duft1 Jean Panchyshyn U Deputy Clerk for City of Shorewood t' ,~~~ ~ tawrence A. Brown, Dir.of Public Works for City of Shorewood Attachment 1 . . .J.'. TABULATION OF BID QUANTITIES CITIES OF EXCELSIOR, SHOREWOOD AND TONKA BAY BITUMINOUS SEAL COATING OF STREETS ;A. it S. :i ~ ..... N PEARSON BROS. ALLIED BLACKTOP Contract Ouantitv Unit Unit Cost Amount Unit Amount City of Excelsior Bituminous Material for Seal Coat (CRS2) 19,055 Gal $ 1.15 $ 21,913.25 $ 1.05 $ 20,007.75 Seal Coat Aggregate FA 2, Class A, Granite 822 Ton $ 29.99 $ 24,651.78 $ 26.00 $ 21,372.00 Apply Seal Coat Aggregate Owner Furnished 150 Ton $ 12.88 $ 1,932.00 $ 8.00 $ 1,200.00 Traffic Control 1 Lump Sum $ 1,700.00 $ 1,700.00 $ 8,400.00 $ 8,400.00 Total $ 50,197.03 $ 50,979.75 City of Shorewood Bituminous Material for Seal Coat (CRS2) 17,449 Gal $ 1.15 $ 20,066.35 $ 1.05 $ 18,321.45 Seal Coat Aggregate FA 2, Class A, Granite 763 Ton $ 29.99 $ 22,882.37 $ 26.00 $ 19,838.00 Traffic Control 1 Lump Sum $ 1,700.00 $ 1,700.00 $ 13,100.00 $ 13,100.00 Total $ 44,648. n $ 51,259.45 City of Tonka Bay Bituminous Material for Seal Coat (CRS2) 11,273 Gal $ 1.15 $ 12,963.95 $ 1.05 $ 11,836.65 Seal Coat Aggregate FA 2, Class A, Granite 204 Ton $ 29.99 $ 6,117.96 $ 26.00 $ 5,304.00 Apply Seal Coat Aggregate Owner Furnished 300 Ton $ 12.88 $ 3,864.00 $ 8.00 $ 2,400.00 Traffic Control 1 Lump Sum $ 1,700.00 $ 1,700.00 $ 5,500.00 $ 5,500.00 Total $ 24,645.91 $ 25,040.65 Grand Total $ 119,491.66 $ ] 27,279.85 _.. .....,.. ...".,..u__,~,., ,..., /t;~ CITY OF SHOREWOOD RESOLUTION NO. 00. A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BITUMINOUS SEAL COATING OF STREETS WHEREAS, pursuant to an advertisement for bids for local improvements designated as Bituminous Seal Coating of Streets for the Cities of Excelsior, Shorewood and Tonka Bay, Minnesota, bids were received, opened on June 7, 2000 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Pearson Bros. Inc. is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a joint contract with the Cities of Excelsior, Shorewood, Tonka Bay and the Firm of Pearson Bros. Inc. in the name of the City of Shorewood, 2000 Bituminous Seal Coating of Streets, according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except for the deposits of the successful bidder and the next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of June, 2000. . WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR , .' -~ . . CITIES OF EXCELSIOR, SHOREWOOD AND TONKA BAY, MINNESOTA SEAL COAT PROJECT 2000 BID TABULATION 10:00 A.M. June 7, 2000 Pearson Bros. Yes $ $ 119491.66 127,279.85 Allied Blackto Yes Attest I hereby certify that the bids tabulated here are a true and correct representation of bids received 0 ned on this date ~'1'\- Rt..N:~/U_~~ Je n Panchyshyn U Deputy Clerk for City of Shorewood L wrence A. Brown, Dir;of Public Works for City of Shorewood Exhibit A \,' , . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us 'MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator ydj LarryBrown, Director of Public Works (tV June 9, 2000 . FROM: DATE: RE: AMotion Authorizing Expenditure ofFuQ.ds for Infiltration and) Inflow Reduction for the Sanitary Sewer System ' Each year the' City of Shorewood ,budgets approximately $22,000 for projects to reduce the infiltration and inflow into the sanitary sewer system. . 9ngoing efforts by municipalities to reduce groundwater from entering into the ~anitary sewer systems dramatically reduce overall volume of wastewater that is to be treated. Cities like Shorewood which are located adjacent lakes, typically pay a very high sewer rate to the Metropolitan Council of Environmental Services due to the added volume of treatment necessary by clearwater entering the wastewater collection systems. The Public Works Department has identified known trouble areas which are in need of rehabilitation. Manholes and service lines are typical spots where systems shift and crack, thereby leaving an ' entrance point for groundwater. Staff has consulted with representatives ofVisu-Sewer Clean anq Seal to identify the most economical and efficient method offixing known trouble areas. Attachment 1 is an estimate for the unit costs involved. , Staff has reviewed the schedule provided by Visu-Sewer Clean and' Seal Inc. and recommends approval of the expenditure of funds not to exceed $22,000, as provided for in 'the Year 2000 operating budget. A simple motion will allow Staff to proceed with this project. ft t..1 PRINTED ON RECYCLED PAPER #81;.. t \ 1 .. VISU...SEWER CLEAN & SEALiJ 1r\~C" 3940 Louisiana Avenue. St. Louis Park. Minnesota 55426 (61 2) 920-971 1 Fax 61 2-920-7054 Larry Brown City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331-8927 5-17-00 RE: Sanitary Manhole Sealing and Internal Sewer Inspection Dear Mr. Brown: After inspecting the manholes last week during our site visit I would recommend the following repairs for the listed manholes. Manhole Sealing 8 ea. $ 475.00 ea. $ 3,800.00 . MH Sealing / 4" P.M. line investigation $ 155.00 per hour $ 775.00 est. ( this will include TV/Grout truck, mini-camera & 4" plugs) Chemical Grout (est.20 gals. ea. MH) $ 8.10 per gal $ 1,296.00 This will include mobilization to and from the job site and between each MH. Lining Deteriorated MH est. $ 155.00 per YP. ( this estimated price is based on performing 24 -30 YP. per mobilization) Chimney Seals ( if! have them in stock) Chimney Seal Extension Installed $ 140.00 ea. $ 80.00 ea. $ 50.00 ea. . The list for TV inspection at this time identifies only approximately 1,100 L.P. of random areas to be televised. Due to the different location of these lines your cost to have these televised will be at a per foot cost of: $ 0.65 There was mention oftelevising the sewer lines coming into the Silverwood Park area after you did some more investigation. If this or another area is added with more substantial footage in one area to televise I can review our footage price for that area. Once we have the go ahead to proceed with any or all of this proposal and the quantities of each item has been determined I will set up a schedule with you to detennine a feasible sequence for performing this project. Please call with any question or to discuss scheduling. SINCEREL Y ~~ RONALD FENNEY General Manager " !~-, i I :1 ld Ii " r"'t"\Cr'T"Ihc::.~ ,....f' Serving-Municipalities, Utilities and Industry Attachment 1 - CITY OF SHOREWOOD r 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council .Brad Nielsen, Acting City Administrator Larry Brown, Director of Public Works ~ June 9, 2000 7Jf . FROM: DATE: RE: Discussion of Bids for the Freeman Park Multipurpose Building and Finance Plan. . . Attachment 1 is the bid tabulation for the Freeman Park Multipurpose Building. Bids were received and opened on Wednesday June 7 at 10:30 a.m. VSI Construction, Inc. out of Maple Grove, Minnesota provided the low bid of$ 307,114.58. Note that the deductions for Alternate 1 (stainless steel sink) and Alternate 2 (foregoing the picnic pavilion) have also been indicated. Once again th<:, low bidder appears to be significantly lower than the rest of pack. It appears that VSI's low "total bid" coincides with their low bid alternate 2 for the picnic pavilion. . It is customary in these instances for Staff to approach the low bidder and ask if they made a mistake somewhere in their bid; and would they like the City to reject their bid and pursue a contract with the next lower bidder. This is done to avoid having a contractor on a project tryingto make up the profit lost on a math error, over the entire project. Representatives ofVSI were ,out of the office this week. Staffwill be inquiring of the contractor about the bid received, and carefully checking references and past project history. It is anticipated that the bids will be brought back to the City Council for award at the next regularly scheduled City Council meeting. In addition to discussing the bids received on Monday night, Staffwill be presenting a project budget, such that funds may be set aside for the anticipated expenditure. ft . t..1 PRINTED ON RECYCLED PAPER 80. . (. ~ BID TABULATION FREEMAN PARK MULTI-PURPOSE BUILDING & APPURTENANT WORK CITY OF SHOREWOOD, MINNESOTA VSI Construction, Inc. Yes $ 307,114.58 $ CM Construction Inc. Yes $ 349,679.00 $ . Cottonwood Construction Yes $ 362140.00 $ Ebert Inc. Yes $ 350734.00 $ Infinit Builders Cor . Yes $ 356 700.00 $ Maertens-Brenn Const. Co Yes $ 386,470.50 $ Terranova L.L.C. Yes $ 374,647.00 $ . I hereby certify that the bids tabulated here are a true and correct representation of bids received and opened on June 7, 2000. ~<<cl i5'~ awrence A. Brown, . Dir.of Public Works for City of Shorewood Attest ~fhY1 PMlL~ Jea Panchyshyn Deputy Clerk for City of Shorewood Attachment 1 Check # Last Name First Name MI Check Amt Check Date 215587 ZERBY MICHAEL S 184.70 5/23/00 215588 SW ANDBY DONALD R 1,228.96 6/5/00 215589 BASTYR CONNIE D 517.94 6/6/00 215590 BROWN LAWRENCE A 1,707.63 6/6/00 215591 BUHL SUSAN E 229.46 6/6/00 215592 CARIGNAN DEANN M 75.15 6/6/00 215593 DAVIS CHARLES S 936.98 6/6/00 215594 DUFFY DAVID C 177.08 6/6/00 215595 EHRKE DANIEL D 162.37 6/6/00 215596 EISCHENS JAMES E 425.34 6/6/00 215597 ELKE CATHERINE M 683.95 6/6/00 215598 FASCHING PATRICIA L 671.89 6/6/00 215599 FLEMMING JAMES D 70.69 6/6/00 215600 GROUT TWILA R 815.19 6/6/00 215601 GUSTAFSON DAVID W 227.81 6/6/00 . 215602 HELLING PAMELA J 655.66 6/6/00 215603 HIRSCH DANA M 116.30 6/6/00 215604 JOHNSON DENNIS D 971.54 6/6/00 215605 KALLEST AD STEPHEN N 854.38 6/6/00 215606 KARELS PAUL C 153.71 6/6/00 215607 LATTERNER SUSAN M 394.73 6/6/00 215608 LEDWITH JAMES R 85.88 6/6/00 215609 LUGOWSKI JOSEPH P 937.45 6/6/00 215610 MARRON RUSSELL R 40.10 6/6/00 215611 MASON BRADLEY J 949.03 6/6/00 215612 NICCUM LAWRENCE A 1,216.24 6/6/00 215613 NIELSEN BRADLEY J 959.22 6/6/00 215614 PANCHYSHY JEAN M 1,084.95 6/6/00 215615 PAZANDAK JOSEPH E 1,269.25 6/6/00 . 215616 POUNDER CHRISTOPHER J 987.91 6/6/00 215617 RANDALL DANIEL J 962.82 6/6/00 215618 ROSAS CHRISTINA 84.09 6/6/00 215619 SCHMID CHRISTOPHER E 496.61 6/6/00 215620 SCHNEEWIN JACQUELYN K 871.29 6/6/00 215621 STALBERGE PATRICIA A 153.71 6/6/00 215622 STEINW AND COREY J 110.56 6/6/00 215623 SW ANDBY DONALD R 1,064.11 6/6/00 Total of Checks $48,104.66 Thursday, June 08, 2000 Page 2 of2 Payroll Register Check # Last Name First Name MI Check Amt Check Date 215535 BASTYR CONNIE D 465.83 5/23/00 215536 BROWN LAWRENCE A 1,707.63 5/23/00 215537 BUHL SUSAN E 183.95 5/23/00 215538 CARIGNAN DEANN M 57.26 5/23/00 215539 DA VIS CHARLES S 1,118.12 5/23/00 215540 EHRKE DANIEL D 162.37 5/23/00 215541 EISCHENS JAMES E 430.56 5/23/00 215542 ELKE CATHERINE M 683.95 5/23/00 215543 FASCHING PATRICIA L 669.58 5/23/00 215544 FLEMMING JAMES D 123.07 5/23/00 215545 GARFUNKEL JOHN J 184.70 5/23/00 215546 GROUT TWILA R 815.19 5/23/00 215547 GUSTAFSON DAVID W 247.29 5/23/00 . 215548 HELLING PAMELA J 601.24 5/23/00 215549 HIRSCH DANA M 71.57 5/23/00 215550 HUTTNER JASON P 107.76 5/23/00 215551 JOHNSON DENNIS D 997.04 5/23/00 215552 KALLEST AD STEPHEN N 854.38 5/23/00 215553 KARELS PAUL C 205.21 5/23/00 215554 LATTERNER SUSAN M 296.75 5/23/00 215555 LEDWITH JAMES R 64.42 5/23/00 215556 LIZEE CHRISTINE G 184.70 5/23/00 215557 LOVE CLIFFORD W 220.07 5/23/00 215558 LUGOWSKI JOSEPH P 962.95 5/23/00 215559 MALUCHNIK KRIS A 231.66 5/23/00 215560 MARRON RUSSELL R 40.10 5/23/00 215561 MASON BRADLEY J 974.53 5/23/00 . 215562 NICCUM LAWRENCE A 1,216.24 5/23/00 215563 NIELSEN BRADLEY J 959.21 5/23/00 215564 PANCHYSHY JEAN M 1,089.38 5/23/00 215565 PAZANDAK JOSEPH E 1,269.25 5/23/00 215577 POUNDER CHRISTOPHER J 1,151.76 5/23/00 215578 RANDALL DANIEL J 988.32 5/23/00 215579 ROLEK ALAN J 3,329.94 5/23/00 215580 ROSAS CHRISTINA 28.63 5/23/00 215581 SCHMID CHRISTOPHER E 496.61 5/23/00 215582 SCHNEEWIN JACQUELYN K 871.29 5/23/00 215583 STALBERGE PATRICIA A 149.54 5/23/00 215584 STEINW AND COREY J 177.39 5/23/00 215585 STOVER KRISTI 184.70 5/23/00 215586 SW ANDBY DONALD R 995.84 5/23/00 Thursday, June 08, 2000 Page 1 of2 Check # Vender Name Description Check Date Invoice # Amount 28190 LAKE REGION VENDIN 6/13/00 8315 $657.11 TOTAL FOR LAKE REGION VENDING $1,885.62 28191 MARK VII 6/13/00 053100-2636 $27.00 28191 MARK VII 6/13/00 053100-2636 $3,051.40 28191 MARK VII 6/13/00 053100-4916 $83.00 28191 MARK VII 6/13/00 053100-4916 $1,984.33 TOTAL FOR MARK VII $5,145.73 28192 MARLIN'S TRUCKING 6/13/00 7591/7622 $54.00 28192 MARLIN'S TRUCKING 6/13/00 7591/7622 $54.00 28192 MARLIN'S TRUCKING 6/13/00 7592/7623 $78.75 28192 MARLIN'S TRUCKING 6/13/00 7592/7623 $78.75 28192 MARLIN'S TRUCKING 6/13/00 7593/7624 $38.25 28192 MARLIN'S TRUCKING 6/13/00 7593/7624 $38.25 TOTAL FOR MARL.lN'S TRUCKING $342.00 28193 PHILLIPS WINE & SPIRI 6/13/00 3215707 ($57.00) 28193 PHILLIPS WINE & SPIRI 6/13/00 3215708 ($26.50) 28193 PHILLIPS WINE & SPIRI 6/13/00 3216000 ($30.30) 28193 PHILLIPS WINE & SPIRI 6/13/00 608309 $127.20 28193 PHILLIPS WINE & SPIRI 6/13/00 608309 $428.10 . 28193 PHILLIPS WINE & SPIRI 6/13/00 608310 $33.00 28193 PHILLIPS WINE & SPIRI 6/13/00 608310 $1,271.00 28193 PHILLIPS WINE & SPIRI 6/13/00 608311 $367.50 28193 PHILLIPS WINE & SPIRI 6/13/00 610466 $143.50 28193 PHILLIPS WJNE & SPIRI 6/13/00 610466 $183.70 28193 PHILLIPS WINE & SPIRI 6/13/00 610466 $256.78 28193 PHILLIPS WINE & SPIRI 6/13/00 610467 $211.00 28193 PHILLIPS WINE & SPIRI 6/13/00 610467 $254.50 28193 PHILLIPS WINE & SPIRI 6/13/00 610467 $415.66 28193 PHILLIPS WINE & SPIRI 6/13/00 610468 $609.90 28193 PHILLIPS WINE & SPIRI 6/13/00 610468 $84.00 28193 PHILLIPS WINE & SPIRI 6/13/00 610468 $127.35 TOTAL FOR PHlLL.lPS WINE & SPIRITS $4,399.39 TOTAL CHECKS $459,309.95 . Thursday, JUlie 08, 2000 Page 9 of9 Check # Vender Name Description Check Date Invoice # Amount 28185 BELLBOY CORPORATI 6/13/00 18979300 $164.75 28185 BELLBOY CORPORATI 6/13/00 18979400 $326.50 TOTAL FOR BELLBOY CORPORATION $1,856.49 28186 BELLBOY BAR SUPPLY 6/13/00 31868500 $41.89 28186 BELLBOY BAR SUPPLY 6/13/00 31868500 $76.04 28186 BELLBOY BAR SUPPLY 6/13/00 31870800 $57.08 28186 BELLBOY BAR SUPPLY 6/13/00 31870800 $26.51 28186 BELLBOY BAR SUPPLY 6/13/00 31899500 $83.89 28186 BELLBOY BAR SUPPLY 6/13/00 31899900 $126.58 28186 BELLBOY BAR SUPPLY 6/13/00 31899900 $45.88 28186 BELLBOY BAR SUPPLY 6/13/00 31900200 $50.25 28186 BELLBOY BAR SUPPLY 6/13/00 31900200 $85.17 TOTAL FOR BELLBOY BAR SUPPLY $593.29 28187 DAHLHEIMER DIST INC 6/13/00 67068/67502 $403.10 28187 DAHLHEIMER DIST INC 6/13/00 67083 $240.00 TOTAL FOR DAHLHEIMER D1ST INC $643.]0 28188 GRIGGS, COOPER & C 6/13/00 217683 $9.67 28188 GRIGGS, COOPER & C 6/13/00 217684 $645.74 28188 GRIGGS, COOPER & C 6/13/00 217685 $14.48 . 28188 GRIGGS, COOPER & C 6/13/00 217685 $889.03 28188 GRIGGS, COOPER & C 6/13/00 217687 $531 .48 28188 GRIGGS, COOPER & C 6/13/00 217688 $1,003.85 28188 GRIGGS, COOPER & C 6/13/00 217699 $365.58 28188 GRIGGS, COOPER & C 6/13/00 217700 $583.58 28188 GRIGGS, COOPER & C 6/13/00 220548 $1,148.47 28188 GRIGGS, COOPER & C 6/13/00 220550 $873.96 28188 GRIGGS, COOPER & C 6/13/00 220558 $630.20 28188 GRIGGS. COOPER & C 6/13/00 220832 $1,608.92 28188 GRIGGS, COOPER & C 6/13/00 220835 $81.80 28188 GRIGGS, COOPER & C 6/13/00 220835 $492.30 28188 GRIGGS, COOPER & C 6/13/00 220839 $697.27 28188 GRIGGS, COOPER & C 6/13/00 531378 ($55.80) 28188 GRIGGS, COOPER & C 6/13/00 537763 ($6.60) TOTAL FOR GRIGGS, COOPER & COMPANY $9,513.93 28189 JOHNSON BROS L1QU 6/13/00 1115608 $148.70 . 28189 JOHNSON BROS L1QU 6/13/00 1115608 $489.85 28189 JOHNSON BROS L1QU 6/13/00 1115609 $430.05 28189 JOHNSON BROS L1QU 6/13/00 1115609 $833.30 28189 JOHNSON BROS L1QU 6/13/00 1115610 $323.20 28189 JOHNSON BROS L1QU 6/13/00 1115610 $188.15 28189 JOHNSON BROS L1QU 6/13/00 1118292 $1,732.80 28189 JOHNSON BROS L1QU 6/13/00 1118292 $1,204.72 28189 JOHNSON BROS L1QU 6/13/00 1118293 $1,270.77 28189 JOHNSON BROS L1QU 6/13/00 1118293 $1,764.71 28189 JOHNSON BROS L1QU. 6/13/00 1118294 $654.20 28189 JOHNSON BROS L1QU 6/13/00 1118294 $705.52 28189 JOHNSON BROS L1QU 6/13/00 121934-937 ($128.50) 28189 JOHNSON BROS L1QU 6/13/00 121938-939 ($18.62) 28189 JOHNSON BROS L1QU 6/13/00 121938-939 ($6.25) TOTAL FOR JOHNSON BROS L.IQUOR CO. $9,592.60 28190 LAKE REGION VENDIN 6/13/00 8293 $342.84 28190 LAKE REGION VENDIN 6/13/00 8294 $114.28 28190 LAKE REGION VENDIN 6/13/00 8313 $485.69 28190 LAKE REGION VENDIN 6/13/00 8314 $285.70 Thursday. JUlie 08, 2000 Page 8 of9 Check # Vender Name Description Check Date Invoice # Amount 28174 MINNEGASCO 6/13/00 $10.70 28174 MINNEGASCO 6/13/00 $15.76 28174 MINNEGASCO 6/13/00 $18.00 28174 MINNEGASCO 6/13/00 $22.13 28174 MINNEGASCO 6/13/00 $31.13 28174 MINNEGASCO 6/13/00 $54.14 28174 MINNEGASCO 6/13/00 $56.95 28174 MINNEGASCO 6/13/00 $61.99 TOTAL FOR MINNEGASCO $354.05 28175 MINNETONKA-CITY OF 5350 VINE HILL RD 6/13/00 $64.30 28175 MINNETONKA-CITY OF 5366 VINE HILL RD 6/13/00 $26.80 TOTAL FOR MINNETONKA-CITY OF $91.10 28176 WM. MUELLER & SONS BLACKTOP 6/13/00 060100STMT $4,214.17 TOTAL FOR WM. MUELLER & SONS, INC. $4,214.17 28177 NORTHERN STATES P 6/13/00 $137.32 28177 NORTHERN STATES P 6/13/00 $597.55 28177 NORTHERN STATES P 6/13/00 $520.10 28177 NORTHERN STATES P 6/13/00 $394.21 28177 NORTHERN STATES P 6/13/00 $341.90 . 28177 NORTHERN STATES P 6/13/00 $31.08 28177 NORTHERN STATES P 6/13/00 $232.42 28177 NORTHERN STATES P 6/13/00 $920.55 28177 NORTHERN STATES P 6/13/00 $208.44 28177 NORTHERN STATES P 6/13/00 $84.45 28177 NORTHERN STATES P 6/13/00 $51.47 28177 NORTHERN STATES P 6/13/00 $15.22 28177 NORTHERN STATES P 6/13/00 $14.04 28177 NORTHERN STATES P 6/13/00 $8.34 28177 NORTHERN STATES P 6/13/00 $7.91 28177 NORTHERN STATES P 6/13/00 $117.80 28177 NORTHERN STATES P 6/1 3/00 $59.38 TOTAL FOR NORTHERN STATES POWER $3,742.18 28178 ORONO, CITY OF MAY 2000 ANIMAL CONTROL 6/13/00 1079-00 $1,427.75 TOTAL FOR ORONO, CITY OF $1,427.75 28179 COMPUTER MANAGEM U/B TRAINING CLASS 8/17/00 6/1 3/00 $200.00 . TOTAL FOR COMPUTER MANAGEMENT SVC $200.00 28180 SEARS COMMERCIAL C-CLAMPS 6/13/00 6243869A $36.28 TOTAL FOR SEARS COMMERCIAL CREDIT $36.28 28181 SUN PATRIOT NEWSP #881 - CUP - 5695 MERRY LN 6/13/00 $28.08 28181 SUN PATRIOT NEWSP #882 - CUP - MURRAY ST 6/13/00 $29.96 28181 SUN PATRIOT NEWSP #883 - CARLSON-OHLAND PREL PL 6/13/00 $61.79 TOTAL FOR SUN PATRIOT NEH'SPAPERS INC $119.83 28182 SPEEDWAY SUPERAM MAY FUEL RECEIPTS 6/13/00 $897.85 TOTAL FOR SPEEDWAYSUPERAMERICA $897.85 28183 US WEST 6/1 3/00 $99.05 28183 US WEST 6/13/00 $261.99 TOTAL FOR US WEST $361.04 28184 WSB AND ASSOCIATE APR SVC - WATER RES MGMT 6/13/00 01074-080-2 $528.00 TOTAL FOR WSB AND ASSOCIATES $528.00 28185 BELLBOY CORPORA TI 6/13/00 18939000 $535.85 28185 BELLBOY CORPORATI 6/13/00 18939500 $134.90 28185 BELLBOY CORPORATI 6/13/00 18979200 $694.49 Thursday, 2000 Page 7 of 9 Check # Vender Name Description Check Date Invoice # Amount 28156 MN CONWAY AND FIRE ANNUAL FIRE EXTINGUISHER SVC 6/7/00 286957 $114.33 28156 MN CONWAY AND FIRE ANNUAL FIRE EXTINGUISHER SVC 6/7100 286957 $114.33 TOTAL FOR MN CONWAY AND FIRE SAFETY $228.66 28157 QUALITY WINE & SPIRI 6/7/00 840311-00 ($47.43) 28157 QUALITY WINE & SPIRI 617100 840311-00 ($11.65) 28157 QUALITY WINE & SPIRI 6/7/00 842077-00 $791.40 28157 QUALITY WINE & SPIRI 6/7/00 842077-00 $1,899.32 28157 QUALITY WINE & SPIRI 6/7/00 842078-00 $543.45 28157 QUALITY WINE & SPIRI 6/7/00 842079-00 $1,664.48 28157 QUALITY WINE & SPIRI 6/7/00 842079-00 $1,942.47 TOTAL FOR QUALITY WINE & SPIRITS CO $6,782.04 28158 THORPE DISTRIBUTIN 6/7/00 060100-3008 $302.50 28158 THORPE DISTRIBUTIN 617100 060100-3008 $9,821.80 28158 THORPE DISTRIBUTIN 6/7/00 060100-3021 $92.40 28158 THORPE DISTRIBUTIN 6/7/00 060100-3021 $6,297.95 TOTAL FOR THORPE DISTRIBUTING COMPA $16,514.65 28159 WASTE MANAGEMENT L1Q #2 GARBAGE SVC JUNE 6/7/00 1593-003301 $89.91 28159 WASTE MANAGEMENT PW JUNE GARBAGE SVC 6/7/00 1593-003301 $268.93 TOTAL FOR WASTE MANAGEMENT $358.84 . 28160 ABM EQUIPMENT & SU NEW SWEEPER FOR PW 6/13/00 054377-00 $104,157.00 TOTAL FOR ABM EQUIPMENT & SUPPLY $104,157.00 28161 ASPEN EQUIPMENT C NEW ROLLER FOR PW 6/13100 1109101 $11,056.83 TOTAL FOR ASPEN EQUIPMENT COMPANY $11,056.83 28162 BOB'S PERSONAL COF COFFEE 6/13/00 37339 $57.00 28162 BOB'S PERSONAL COF COFFEE 6/13/00 37341 $54.00 TOTAL FOR BOB'S PERSONAL COFFEE SVC $111. 00 28163 BRYAN ROCK PRODUC AG LIME FOR CATHCART 6/13/00 5820 $85.20 TOTAL FOR BRYAN ROCK PRODUCTS, INC $85.20 28164 JRK, INC GRASS SEED 6/13/00 10170 $654.97 TOTAL FOR JRK,INC $654.97 28165 EVERGREEN LAND SE CHANHASSEN EASEMENT 6/13/00 00-481 $8,836.39 28165 EVERGREEN LAND SE TH 7/41 PROJECT 6/13/00 00-492 $5,904.91 TOTAL FOR EVERGREEN LAND SERVICE CO $14,741.30 . 28166 E-Z RECYCLING INC. MAY RECYCLING 6/13100 816 $4,920.00 TOTAL FOR E-Z RECYCLING INC $4,920.00 28167 HAWKINS WATER TRE CHLORINE PKG 6/13/00 259054 $3,408.00 TOTAL FOR HAWKINS WATER TREATMENT $3,408.00 28168 DOCUMENT RESOURC PAYROLL CHECK STOCK 6/13/00 0096568 $496.09 TOTAL FOR DOCUMENT RESOURCES $496.09 28169 JIM HATCH SALES CO. BROOM HANDLES/FLASHER BATTE 6/13/00 1318 $71.04 TOTAL FOR JIM HATCH SALES CO. $71.04 28170 MTI DISTRIBUTING CO NEW MOWER FOR PW 6/13/00 9422-00 $20,875.07 TOTAL FOR MTI DISTRIBUTING COMPANY $20,875.07 28171 MIDWEST ASPHALT C CONST PAY V#2-SENIOR CTR 6/13/00 $128,826.59 TOTAL FOR MIDWEST ASPHALT CORP. $128,826.59 28172 OFFICE DEPOT J. PANCHYSHYN NOTARY STAMP 6/13/00 098717375-0 $19.93 TOTAL FOR OFFICE DEPOT $19.93 28173 MINNCOMM PAGING PAGER 6/13/00 52006806005 $8.63 TOTAL FOR MINNCOMM PAGING $8.63 28174 MINNEGASCO 6/13/00 $83.25 Thursday, JUlie 08, 2000 Page 60f9 Check # Vender Name Description Check Date Invoice # 6/7/00 053100STMT 6/7100 053100STMT 6/7/00 053100STMT 6/7/00 053100STMT 6/7/00 053100STMT 6/7/00 053100STMT 6/7/00 053100STMT 6/7/00 053100STMT 28141 28141 28141 28141 28141 28141 28141 28141 28142 . 28143 28143 28143 28143 28143 28143 28143 28143 28143 28144 28144 28145 28146 28147 28147 28147 28148 . 28149 28150 28151 28152 28153 28153 28154 28154 28154 28155 SHOREWOOD TRUE V PW/L1Q STORES SUPPLIES SHOREWOOD TRUE V PW/L1Q STORES SUPPLIES SHOREWOOD TRUE V PWILlQ STORES SUPPLIES SHOREWOOD TRUE V PWILlQ STORES SUPPLIES SHOREWOOD TRUE V PWILlQ STORES SUPPLIES SHOREWOOD TRUE V PW/L1Q STORES SUPPLIES SHOREWOOD TRUE V PW/L1Q STORES SUPPLIES SHOREWOOD TRUE V PW/L1Q STORES SUPPLIES TOTAL FOR SHOREWOOD TRUE VALUE SUBURBAN TIRE CO., I TIRES FOR PW VEHICLES TOTAL FOR SUBURBAN TIRE CO., INC SWANDBY, DONALD MILEAGEICELL PH/SUPPLIES SWANDBY, DONALD MILEAGEICELL PH/SUPPLIES SWANDBY, DONALD MILEAGE/CELL PH/SUPPLIES SWANDBY, DONALD MILEAGE/CELL PH/SUPPLIES SWANDBY, DONALD MILEAGE/CELL PH/SUPPLIES SWANDBY, DONALD MILEAGEICELL PH/SUPPLIES SWANDBY, DONALD MILEAGE/CELL PHISUPPLlES SWANDBY, DONALD MILEAGE/CELL PH/SUPPLIES SWANDBY, DONALD MILEAGEICELL PHISUPPLlES TOTAL FOR SWANDBY, DONALD TONKA PRINTING CO. BUSINESS CARDS TONKA PRINTING CO. PURCHASE ORDER BKS TOTAL FOR TONK A PRINTING CO. 6/7/00 131964 6/7/00 6/7/00 6/7100 6/7/00 6/7/00 6/7/00 6/7100 6/7/00 6/7/00 6/7100 9044 6/7/00 9051 Amount $4.45 $7.50 $6.91 $29.78 $2.13 $1.65 $6.68 $5.09 $64.19 $285.79 $285.79 $13.58 $31.94 $31.94 $13.58 $13.57 $13.29 $13.28 $13.28 $31.94 $176.40 $379.14 $337.61 $716.75 $54.94 $54.94 $20.00 $20.00 $45.66 $85.41 $45.66 $176.73 $59.67 $59.67 $1,087.82 $1,087.82 $60.00 $ 60.00 $44.29 $44.29 $211.10 $21l.1O $7,287.40 $10,985.50 $18,272.90 $16.55 $60.40 $16.55 $93.50 $14.43 $14.43 TWIN CITY-GARAGE D COIL CORDS 6/7/00 099654 TOTAL FOR TW1NCITYGARAGE DOOR CO. TWIN CITY WATER CLI BACTERIA ANALYSIS -APRIL 2000 TOTAL FOR TWIN CITY WATER CLINIC 617100 6391 US WEST US WEST US WEST 6/7100 6/7100 6/7/00 TOTAL FOR US WEST WARNING LITES OF M BULBS 6/7/00 35038 TOTAL FOR WARNING LITES OF MN, INC US FILTER DISTRIBUTI WATER METERS-BACKORDERED 6/7/00 6294621 TOTAL FOR USFILTER DISTRIBUTION GROUP ZDRAZIL TRUCKING BLACK DIRT 6/7/00 TOTAL FOR ZDRAZIL TRUCKING VERIZON WIRELESS, B CELL PHONE 6/7100 TOTAL FOR VERIZON WIRELESS, BELLE VUE DAHLHEIMER DIST INC 6/7/00 66222 TOTAL FOR DAHLHEIMER DlST INC EAST SIDE BEVERAGE 6/7/00 060100-S360 EAST SIDE BEVERAGE 6/7100 060100-T753 TOTAL FOR EAST SIDE BEVERAGE COMPAN GTE DIRECTORIES LIQUOR STORE ADS 6/7/00 GTE DIRECTORIES LIQUOR STORE ADS 6/7/00 GTE DIRECTORIES LIQUOR STORE ADS 6/7/00 TOTAL FOR GTE DIRECTORIES JOHNSON BROS L1QU 6/7100 1114104 TOTAL FOR JOHNSON BROS LIQUOR CO. Thursday, JUlie 08, 2000 Page 50f9 Check # Vender Name Description Check Date Invoice # Amount 28123 EXCELSIOR ACE HARD FURNACE RAIN CAP 617100 053100STMT $7.40 TOTAL FOR EXCELSIOR ACE HARmVARE $76.19 28124 FASCHING. PATRICIA MILEAGE 6/7/00 $13.00 TOTAL FOR FASCHING, PATRICIA $13.00 28125 G & K SERVICES UNIFORMS FOR PW 6/7/00 042800STMT $371.16 TOTAL FOR G & K SER VICES $371.16 28126 HENN CTY TREASURE TAXES PAYABLE CD-ROM 6/7/00 $203.00 TOTAL FOR HENN CTY TREASURER $203.00 28127 MN POLLUTION CONTR JAN 19TH CONF - C. POUNDER 6/7/00 66012061516 $210.00 28127 MN POLLUTION CONTR JAN 19TH CONF - B. MASON 6/7/00 66012061516 $210.00 28127 MN POLLUTION CONTR JAN 19TH CONF - L. BROWN 6/7/00 66012062128 $210.00 TOTAL FOR MN POLLUTION CONTROL AG $630.00 28128 HOPKINS PARTS COM MISC PARTSISUPPLlES FOR PW 6/7/00 053100STMT $115.10 28128 HOPKINS PARTS COM MISC PARTSISUPPLlES FOR PW 6/7100 053100STMT $150.90 TOTAL FOR HOPKINS PARTS COMPANY $266.00 28129 KEEFE. SALLY MAY CITY RECORDER SVCS 6/7/00 MAY STMT $120.00 28129 KEEFE. SALLY MAY CITY RECORDER SVCS 6/7/00 MAY STMT $240.00 TOTAL FOR KEEFE, SALLY $360.00 . 28130 LONG LAKE POWER E PW PARTS 6/7/00 012381 $23.22 TOTAL FOR LONG LAKE POWER EQUIPMENT $23.22 28131 MIA ASSOCIATES INC. WASH SOAPICLEANER/GARBAGE B 6/7100 018278 $142.54 28131 MIA ASSOCIATES INC. WASH SOAPICLEANER/GARBAGE B 6/7100 018278 $385.46 TOTAL FOR MIA ASSOCIATES INC $528.00 28132 MTI DISTRIBUTING CO MTI SVC SCHOOL - B. MASON 6/7/00 100284-99 $55.00 28132 MTI DISTRIBUTING CO MOWER BELT COVER 6/7/00 14473-00 $46.43 28132 MTI DISTRIBUTING CO DECALS 6/7/00 15566-00 $16.40 28132 MTI DISTRIBUTING CO DECALS 6/7/00 15566-01 $11.16 TOTAL FOR MTI DISTRIBUTING COMPANY $128.99 28133 METRO SALES, INC. PAPER FOR NEWSLETTER 6/7/00 66293A $215.13 TOTAL FOR METRO SALES, INC $215.13 28134 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 6/7/00 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 28135 MN NCPERS JUNE PREMIUM 6/7/00 $12.00 . TOTAL FOR MN NCPERS $12.00 28136 MN SUN PUBLICATION ORDINANCE 363 6/7/00 327983 $39.32 TOTAL FOR MN SUN PUBLICATIONS $39.32 28137 PAZANDAK. JOSEPH MILEAGEIFILM 6/7/00 $14.91 28137 PAZANDAK. JOSEPH MILEAGEIFILM 6/7/00 $87.13 TOTAL FOR PAZANDAK, JOSEPH $102.04 28138 PETTY CASH REIMBURSE PETTY CASH FUND 6/7/00 $10.35 28138 PETTY CASH REIMBURSE PETTY CASH FUND 6/7/00 $54.85 28138 PETTY CASH REIMBURSE PETTY CASH FUND 6/7/00 $19.57 28138 PETTY CASH REIMBURSE PETTY CASH FUND 6/7/00 $21.42 TOTAL FOR PETTY CASH $106.19 28139 SEARS COMMERCIAL TOOLBOX-PW 6/7/00 6243869 $135.66 28139 SEARS COMMERCIAL WRENCH 6/7/00 6243871 $7.63 TOTAL FOR SEARS COMMERCIAL CREDIT $143.29 28140 SENIOR COMMUNITY S MAY CLEANING SVCS 6/7/00 $170.62 28140 SENIOR COMMUNITY S MAY CLEANING SVCS 6/7/00 $253.57 TOTAL FOR SENIOR COMMUNITY SERVICES $424.19 Thursday, JUlie 08, 2000 Page 4 of9 Check # Vender Name Description Check Date Invoice # Amollnt 28107 28108 28108 28109 28109 28109 28109 28109 28110 28111 28112 28112 28112 . 28113 28113 28113 28113 28113 28113 28113 28114 28115 28116 28116 . 28117 28118 28119 28120 28121 28121 28122 28123 28123 28123 28123 ELKE, CATHERINE MAY MILEAGE TOTAL FOR ELKE, CATHERINE DAHLHEIMER DIST INC DAHLHEIMER DIST INC TOTAL FOR DAHLHEIMER DIST INC DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING TOTAL FOR DAY DISTRIBUTING JOHNSON BROS L1QU TOTAL FOR JOHNSON BROS LIQUOR CO. LEEF BROS MATS FOR TB L1Q TOTAL FOR LEEF BROS MARK VII MARK VII MARK VII 5/31/00 5/31/00 65775/66223 5/31/00 65776 5/31/00 1315-051600 5/31/00 1315-051600 5/31/00 94438/95231 5/31/00 94703/95560 5/31/00 94703/95560 5/31/00 1103015 5/31/00 239663 5/31/00 21873-05160 5/31/00 49163-05160 5/31/00 49163-05160 TOTAL FOR MARK VII QUALITY WINE & SPIRI 5/31/00 838044-00 QUALITY WINE & SPIRI 5/31/00 839714-00 QUALITY WINE & SPIRI 5/31/00 839714-00 QUALITY WINE & SPIRI 5/31/00 839762-00 QUALITY WINE & SPIRI 5/31/00 839762-00 QUALITY WINE & SPIRI 5/31/00 839764-00 QUALITY WINE & SPIRI 5/31/00 839764-00 TOTAL FOR QUALITY WINE & SPIRITS CO TOWLE REAL ESTATE L1Q #2 JUNE RENT 5/31/00 TOTAL FOR TOWLE REAL ESTATE COMPANY WATERFORD CENTER L1Q #1 JUNE RENT 5/31/00 TOTAL FOR WATERFORD CENTER LLP ICMA RETIREMENT TR DEFERRED COMP 6/7/00 TOTAL FOR ICMA RETIREMENT TRUST-457 CITY COUNTY CREDIT PAYROLL DEDUCTIONS 6/7/00 TOTAL FOR CITY COUNTY CREDIT UNION AFSCME COUNCIL 14 JUNE 2000 UNION DUES TOTAL FOR AFSCME COUNCIL 14 C.H CARPENTER LUMB PW SUPPLIES TOTAL FOR CH CARPENTER LUMBER 0& G SIGN & LABEL WATER/SEWER FLAGS & LETTERS 0& G SIGN & LABEL WATER/SEWER FLAGS & LETTERS TOTAL FOR D & G SIGN & LABEL PERA PERA CITY SHARE EMPLOYEE WITHHOLDING TOTAL FOR PERA DAVIS, CHARLES BOOT ALLOWANCE TOTAL FOR DA VIS, CHARLES EXCELSIOR ACE HARD MISC PW PARTS/SUPPLIES EXCELSIOR ACE HARD MISC PW PARTS/SUPPLIES EXCELSIOR ACE HARD MISC PW PARTS/SUPPLIES EXCELSIOR ACE HARD MISC PW PARTS/SUPPLIES 6/7/00 6/7/00 6/7/00 6/7/00 0531STMT 6/7/00 N263018-01 6/7/00 N263018-01 6/7/00 6/7/00 043000STMT 6/7/00 043000STMT 6/7/00 043000STMT 6/7/00 043000STMT $14.30 $281.35 $331.10 $240.00 $571.10 $19.20 $2,337.40 $858.55 $87.80 $2,251.55 $5,554.50 $36.00 $36.00 $28.04 $28.04 $3,528.05 $21.80 $1,747.80 $5,297.65 ($4.30) $256.75 $1,004.21 $909.81 $1,192.92 $3,123.24 $868.52 $7,351.15 $4,891.44 $4,891.44 $7,345.51 $7,345.51 $1,613.96 $1,479.97 $3,093.93 $923.46 $923.46 $320.00 $320.00 $153.00 $153.00 $79.07 $79.07 $35.80 $35.80 $71.60 $109.95 $109.95 $6.69 $11.19 $15.21 $35.70 Thursday, JUlle 08, 2000 Page 3 of9 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR QUALITY WINE & SPIRITS CO $5,713.80 i 28092 US POSTMASTER PSTG FOR JUNE NEWSLETTER 5/31/00 $644.28 TOTAL FOR US POSTMASTER $644.28 28093 AFSCME COUNCIL 14 UNION DENTAL INS - JUNE 5/31/00 $295.44 TOTAL FOR AFSCME COUNCIL 14 $295.44 28094 HENNEPIN COUNTY TR PRISONER ROOM/BOARD APRIL 5/31/00 2730 $770.50 TOTAL FOR HENNEPIN COUNTY TREASURER $770.50 28095 LEAGUE OF MN CITIES JUN NON-UNION DENTAL 5/31/00 2294 $35.99 28095 LEAGUE OF MN CITIES JUN NON-UNION DENTAL 5/31/00 2294 $505.97 28095 LEAGUE OF MN CITIES JUN NON-UNION DENTAL 5/31/00 2294 $67.00 28095 LEAGUE OF MN CITIES JUN NON-UNION DENTAL 5/31/00 2294 $35.99 TOTAL FOR LEAGUE OF MN CITIES $644.95 28096 PRUDENTIAL INS CO 0 JUNE PREMIUMS 5/31/00 $2.60 28096 PRUDENTIAL INS CO 0 JUNE PREMIUMS 5/31/00 $2.60 28096 PRUDENTIAL INS CO 0 JUNE PREMIUMS 5/31/00 $2.60 28096 PRUDENTIAL INS CO 0 JUNE PREMIUMS 5/31/00 $40.90 28096 PRUDENTIAL INS CO 0 JUNE PREMIUMS 5/31/00 $80.80 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $129.50 . 28097 LIGHTNING LEGAL CO COURIER PKG TO WSB 5/31/00 20574 $23.10 TOTAL FOR LIGHTNING LEGAL COURIER $23.10 28098 MCLEOD USA PHONEEXP 5/31/00 5101312 $57.49 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $480.81 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $154.91 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $111.55 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $103.26 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $51.63 28098 MCLEOD USA PHONE EXP 5/31/00 5101312 $110.72 TOTAL FOR MCLEOD USA $1,070.37 28099 RIX, THEODORE R. REIMBURSEOVERPYMT OF STABL 5/31/00 $50.00 TOTAL FOR RIX, THEODORE R. $50.00 28100 ROLEK, ALAN SEC 125 REIMBURSEMENT 5/31/00 $177.00 TOTAL FOR ROLEK, ALAN $177.00 28101 STATE BOARD-ELECTR BK OF 25 ELECTRICAL PERMITS 5/31/00 $25.00 . TOTAL FOR STATE BOARD-ELECTRICITY $25.00 28102 TONKA BAY-CITY OF TB LIQUOR JUNE RENT 5/31/00 $1,175.00 TOTAL FOR TONKA BAY-CITYOF $1,175.00 28103 AT&T WIRELESS SERV CELL PHONES 5/31/00 4160966-051 ($3.50) 28103 AT&T WIRELESS SERV CELL PHONES 5/31/00 4160966-051 $118.60 28103 AT&T WIRELESS SERV CELL PHONES 5/31/00 4160966-051 $48.42 TOTAL FOR AT&T WIRELESS SERVICES $163.52 28104 US WEST PHONE 5/31/00 $50.87 TOTAL FOR US WEST $50.87 28105 US WEST DEX ADS 5/31/00 00668831700 $120.70 28105 US WEST DEX ADS 5/31/00 6688314000 $158.80 TOTAL FOR US WEST DEX $279.50 28106 US FILTER DISTRIBUTI CREDIT FOR WRONG METERS 5/31/00 6267968-CR ($1,182.15) 28106 US FILTER DISTRIBUTI WATER METERS 5/31/00 6267968A $4,657.05 28106 US FILTER DISTRIBUTI WATER METERS 5/31/00 6276817 A $2,497.21 TOTAL FOR US FILTER DISTRIBUTION GROUP $5,972.11 28107 ELKE, CATHERINE SEC 125 REIMBURSEMENT 5/31/00 $32.00 28107 ELKE, CATHERINE SPRG 2000 TUITION REIMBURSEME 5/31/00 $235.05 Thursday, JUlie 08, 2000 P(lge 2 of9 Check Approval Listfor 6/12/00 Council Meeting ~ Check # Vender Name Description Check Date Invoice # Amount 28078 PERA PERA FOR 5/23 PAYROLL 5/24/00 $1,536.78 2,8078 PERA PERA FOR 5/23 PAYROLL 5/24/00 $1,409.21 TOTAL FOR PERA $2,945.99 28079 ICMA RETIREMENT TR DEFERRED COMP 5/23 PAYROLL 5/24/00 $923.46 TOTAL FOR ICMA RETIREMENT TRUST-457 $923.46 28080 CITY COUNTY CREDIT 5/23 PAYROLL DEDUCTION 5/24/00 $320.00 TOTAL FOR CITY COUNTY CREDIT UNION $320.00 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015310220 $300.70 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015310220 $300.71 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015310220 $300.71 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015310220 $3,519.59 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015312259 $1,183.94 28081 MEDICA JUNE 2000 HEALTH INS 5/24/00 10015312545 $1,493.87 TOTAL FOR MEDICA $7,099.52 28082 FORTIS BENEFITS INS JUNE 2000 STD 5/24/00 $96.75 28082 FORTIS BENEFITS INS JUNE 2000 STD 5/24/00 $6.00 . 28082 FORTIS BENEFITS INS JUNE 2000 STD 5/24/00 $6.00 28082 FORTIS BENEFITS INS JUNE 2000 STD 5/24/00 $6.00 TOTAL FORF'ORTIS BENEFITS INS CO $114.75 28083 KIRSCHER, LUCINDA 0 ADOPT-A-GARDEN 5/24/00 $50.00 TOTAL FOR KIRSCHER, LUCINDA OR DIANE AGN $50.00 28084 LAKE RESTORATION, I 2000 MILFOIL TREAT-CHRISTMAS L 5/24/00 $1,627.26 TOTAL FOR LAKE RESTORATION, INC. $1,627.26 28085 OFFICE DEPOT TONER FOR LASER JET 5/24/00 098520257 $137.26 28085 OFFICE DEPOT OFFICE SUPPLIES 5/24/00 098667972 $316.60 TOTAL FOR OFFICE DEPOT $453.86 28086 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 5/24/00 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 28087 PAZANDAK, JOSEPH MILEAGE/SUPPLIES 5/24/00 $19.12 28087 PAZANDAK, JOSEPH SEC 125 REIMBURSEMENT 5/24/00 $234.00 28087 PAZANDAK, JOSEPH MILEAGE/SUPPLIES 5/24/00 $88.04 . TOTAL FOR PAZANDAK, JOSEPH $341.16 28088 AT&T WIRELESS SERV CELL PHONE 5/24/00 2893733-050 $11.67 TOTAL FOR AT&T WIRELESS SERVICES $11.67 28089 MARK VII 5/24/00 26369-05160 $79.15 28089 MARK VII 5/24/00 26369-05160 $6,989.55 TOTAL FOR MARK VII $7,068.70 28090 MARLIN'S TRUCKING 5/24/00 7502/7521/75 $66.15 28090 MARLIN'S TRUCKING 5/24/00 7502/7521/75 $66.15 28090 MARLIN'S TRUCKING 5/24/00 7503/7522/75 $118.35 28090 MARLIN'S TRUCKING 5/24/00 7503/7522/75 $118.35 28090 MARLIN'S TRUCKING 5/24/00 7504/7523/75 $52.20 28090 MARLIN'S TRUCKING 5/24/00 7504/7523/75 $52.20 TOTAL FOR MARLIN'S TRUCKING $473.40 28091 QUALlTV WINE & SPIRI 5/24/00 837244-00 $1,074.19 28091 QUALITY WINE & SPIRI 5/24/00 837244-00 $92.96 28091 QUALITY WINE & SPIRI 5/24/00 837322-00 $1,951.15 28091 QUALITY WINE & SPIRI 5/24/00 837323-00 $307.24 28091 QUALITY WINE & SPIRI 5/24/00 837323-00 $2,288.26 Thursday. JUlie 08, Page 1 of9