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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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 8 May 2000
Agenda Item #3A: David Lee Gammon, Gammon Tree Service, is applying for a Tree
Trimmers License. The license is for the year 2000, expiring on December 31, 2000. The
applicant has submitted evidence of liability insurance. The motion requires adoption of a
resolution approving the license, subject to the applicant providing evidence of workers
compensation insurance. Approval requires a simple majority vote.
Agenda Item #3B: This is the annual Municipal Recycling Grant Agreement between the City
and the County for the period January 1 - December 31,2000. Based on annual recycling
figures, the County will pay the City an amount not-to-exceed $21,858. A motion
requires adoption of a resolution authorizing the Mayor and Acting Administrator to enter
into the Agreement with the County. Approval requires a simple majority vote.
Agenda Item #3C: Laura Nelson has applied for a party permit for a birthday party on May
12,2000. The motion requires a simple majority vote by the Council.
Agenda Item #3D: JoAnn K vern of the Southshore Senior Community Center, is planning an
overnight trip for seniors. Participants in the trip will depart from the Southshore Senior
Community Center. Ms. Kvern is requesting permission for 3-5 cars to park in the City
Hall parking lot from 6:30 a.m. Wednesday, May 24 through 8:45 p.m. Friday, May 26,
2000. Ms. K vern will provide the make, model and license numbers of the vehicles prior
to their departure date. The list will be forwarded to the Police Department with
instructions not to tag any of the vehicles
Agenda Item #3E: This item accepts the Draft Water Resources Management Plan and
authorizes the City Engineer to forward copies of the plan to the appropriate watershed
management organizations and other agencies for their review and comment. Staff is
recommending approval of the motion.
Agenda Item #6A: The enclosed resolution approves a conditional use permit for U.S. West
to locate a telecommunications monopole at the Minnesota Mini-Storage (east) property
on Highway 7. The resolution contains language as recommended by the Planning
Commission as well as some provisions ordinarily found in our telecommunications lease
agreements, particularly relating to removal of equipment, interference and co-location.
Approval requires a four-fifths vote.
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~J PRINTED ON RECYCLED PAPER
Executive Summary - City Council meeting of May 8, 2000
Page 2 of2
Agenda Item #6B: Carl Westin has agreed to sell a small parcel from the rear of his property to
Tom Wartman. The lot line rearrangement straightens the line between the two existing
lots. The Planning Commission agreed unanimously to recommend approval of the
subdivision and combination. Approval requires a simple majority vote by the Council.
Agenda Item #7 A: At the last meeting staff reported that the Fire Department had notified
residents along Island View Road of a proposed house burning at 27820 Island View
Road. Since then it has come to our attention that a number of the neighbors are
dissatisfied with. the notice and have concerns and objections to the Fire Department
burning the house. One of the residents has gone so far as to hire an attorney who has
threatened legal action. Prior to receipt of the enclosed petitions, the Fire Department
had sent out new notices to the neighbors, announcing a neighborhood meeting.
Department personnel will explain how the bum takes place, the value of the training
exercises, and safeguards taken. They will also respond to resident concerns. What is
clear from this situation is that the notification process is inadequate. It is recommended
that staff be directed to work with the Fire Department on a procedure for notifying .
residents.
Agenda Item #7B: In reviewing our regulations relative to horse permits, staff discovered that
the City Code requires a $25 fee per horse. Previously the City had only charged $25 per
site. Mr. Duane Laurilla, 5595 Eureka Road, takes exception with the Code, questioning
why, for example, it costs more to inspect two horses than one. Other than the paperwork
involved in the permitting process, the City's expenses include animal control personnel
and building inspection for the stable and fence facilities. If the Council agrees that Mr.
Laurilla's case has merit, it may wish to direct staff to prepare an Ordinance amendment.
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CITY OF SHOREWOOD
BOARD OF REVIEW
MONDAY, APRIL 24, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:00 P.M.
MINUTES
1. RECONVENE BOARD OF REVIEW MEETING
DRAFT.
Mayor Love called the meeting to order at 6:04 P.M.
A. Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, and Stover; Planning
Director Nielsen; City Assessors Tom Carroll and Rob Winge
Absent:
Councilmember Zerby (arrived at 6:24P.M.)
B. Review Agenda
Lizee moved, Garfunkel seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. Motion to Approve the Board of Review Meeting Minutes of April 17,
2000.
Garfunkel moved, Lizee seconded, approving the Board of Review Meeting Minutes of
. April 17, 2000, as presented. Motion passed 4/0.
3. CONSIDERATION OF A MOTION REGARDING CITY ASSESSOR'S
RECOMMENDATIONS
City Assessor Tom Carroll explained he had set appointments and reviewed properties as
necessary since the previous Board of Review meeting. He noted he had spoken to all people
represented at the last Board of Review meeting and made changes in assessed valuation as
deemed necessary.
Mayor Love explained the purpose of this meeting was to review the City Assessor's
recommendations. Persons wishing to speak to the Board of Review about any discrepant
property assessment were allowed to do so.
Mark Stage berg, 21075 Radisson Road, PID 35-117-23-11-0080, again expressed concern
over what he believed to be excessive valuation increases for his property. He had met with Mr.
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BOARD OF REVIEW MEETING MINUTES - APRIL 24, 2000
Page 2 of3
Carroll previously, but still remained dissatisfied with the outcome of their meetings.
Specifically, he was unhappy with the comparables used in the assessing process as he believed
they were nothing like his home, and thus, should not be used in assessing its valuation.
Richard TradeweIl, 5515 Timber Lane, PID 34-117-23-22-0023, again expressed concern
about the increased valuation on his property over the past year.
Mr. Carroll explained there were no lots which sold in the past year in that area, making it
particularly difficult to find comparables. In spite of this issue, he believed the assessment to be
correct for this year.
Councilmember Stover questioned why the increase was so substantial from the previous year.
Mr. Carroll explained that previously the lot was undervalued and some of the increase was
because of the need to bring the valuation to the level at which it belonged.
Councilmember Zerby arrived at 6:24 P.M.
Jeff Fox, 5270 Howard Point Road, PID 30-117-23-44-0009, again expressed frustration
related to inconsistencies in how he believes calculations were determined related to his property
over the past few years.
.
Mr. Carroll then explained the process utilized in assessing front footage related to lakeshore
properties as well as the lake/bay rating system used in assessing valuations on homes around the
lake. Mr. Carroll also noted it can be very difficult to find comparables related to lakeshore as
the lake is not at all consistent in its shoreline.
Tom Simms, 5620 County Road 19, again spoke to the Board about his frustration over an
approximate 240% increase on his commercial property. He was also concerned with the
comparable properties utilized in his assessment. Mr. Simms also believed it would now cost a
developer more than the land is worth to build any structures upon it.
Mayor Love thanked all citizens for speaking before the Board of Review and explained that if
property owners are unsatisfied with this evening's outcome, the next step in the assessment
process is to go before the County Board, which has a similar process in using comparables.
After that property owners may make an appeal any time prior to March 31, 2001, in Tax Court.
.
Councilmember Stover asked about the outcome for the Sylvia Development, L.P. parcels,
8525 Edinbrook Crossing, Suite 101, Brooklyn Park, Minnesota. She expressed concern that
the property owners not be assessed more than was paid for the homesites.
Mr. Carroll responded that all properties will be reduced to asking price and subject to plat law
and legally, without being able to view the structures which are now under development but not
yet completed, the Board does not have an option to change the valuation on these properties.
Garfunkel moved, Lizee seconded, approving the City Assessor's recommendations with
specific regard given to the Sylvia Development parcels in that all properties assessed in
this development will be reduced to the asking price and subject to plat law. Motion passed
5/0.
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BOARD OF REVIEW MEETING MINUTES - APRIL 24, 2000
Page 3 of 3
4. ADJOURNMENT
Stover moved, Zerby seconded, adjourning the Board of Review meeting for April 24, 2000,
at 7:03 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
.
Bradley J. Nielsen, Acting City Administrator
.
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CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDAY, APRIL 24, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:30 P.M. or immediately following
Regular Meeting
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
DRAFT
Mayor Love called the meeting to order at 9: 15 P.M.
A. Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Stover and Zerby; City
Attorney Tim Keane, Attorney Gary VanCleve, Planning Director Nielsen;
Public Works Director/Engineer Brown
Absent:
None
B. Review Agenda
Mayor Woody Love read the agenda for April 24, 2000. The agenda was approved as presented.
2. DISCUSSION REGARDING SOUTHSHORE SENIOR COMMUNITY CENTER _
USF&G CLAIM
Attorney Van Cleve reviewed the status of the current litigation. He also noted that the
contractor, GEH, is now asking for additional money. The Council agreed to continue with the
litigation.
3.
ADJOURNMENT
Garfunkel moved, Zerby seconded, adjourning the Executive Session to Work Session at
9:40 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Recording Secretary
Woody Love, Mayor
Bradley J. Nielsen, Acting City Administrator
1F~8
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 24, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
DRAFT I
1
I
I
t
Mayor Love called the meeting to order at 7: 13 P.M.
A. Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Stover, and Zerby; Planning
Director Nielsen; Public Works Director/Engineer Brown; City Attorney Keane
Absent:
None
B.
Review Agenda
Director Nielsen requested Item 6D be removed from the agenda and moved to the May 8, 2000, Regular
City Council Meeting agenda. Engineer Brown requested Item 8A be removed from the agenda.
Lizee moved, Stover seconded, approving the agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, April 10, 2000
Garfunkel moved, Stover seconded, approving the City Council Special Meeting Minutes for April
10, 2000, as presented. Motion passed 5/0.
B.
City Council Regular Meeting Minutes, April 10, 2000
Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes for April
10, 2000, as presented. Motion passed 5/0.
C. City Council Special Meeting Minutes, April 18, 2000
Stover moved, Garfunkel seconded, approving the City Council Special Meeting Minutes for April
18, 2000, as presented. Motion passed 4/0, with Zerby abstaining as he was absent for the April 18,
2000, meeting.
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. 00-035. " A Resolution Making
Commission Appointments." Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
Page 2 of 6
4. MATTERS FROM THE FLOOR
There were no matters from the floor.
5. PARKS - Report by Representative
A. Report on Park Commission Meeting Held April 11, 2000
Engineer Brown reported on matters considered and actions taken at the April 11, 2000, Park
Commission Meeting (as detailed in the minutes of that meeting).
Of particular note is an Open House scheduled for April 29, 2000, for neighbors of the LRT along
Smithtown Road West from 9:00-10:30 A.M. at City Hall.
Also, there is an informal on site meeting on May 6, 2000, regarding the Skate Park, and an informal .
Open House scheduled for May 8, 2000. This Open House will be at the Senior Center from 5:30 -7:00
P.M. All Council and Commission members, local residents, and other involved community members
are welcome to attend.
6. PLANNING - Report by Representative
A. A Motion to Direct Staff to Prepare a Resolution Approving a Conditional Use
Permit
Applicant: U.S. West
Location: 19395 State Highway 7
Garrett Lysiak, a technology consultant for the City, provided history and detailed analysis about this
particular issue. He stated the biggest question posed before him was to ascertain whether the water
tower in the vicinity would work to locate the necessary technological equipment to satisfy the consumer
needs of US West. His findings indicate the water tower would not provide adequate coverage along
Highway 7. He reported he did use data collected by US West in making this determination. However,
he did not believe any bias entered into the data as its collection is done by computer. He also reported it
is very difficult to determine what is adequate coverage for consumers in a situation like this one, noting
it can vary from phone system to system.
.
Councilmember Garfunkel questioned Mr. Lysiak if a definite enhancement to the coverage occurred if
the equipment was positioned on the water tower. Mr. Lysiak responded while enhancement does occur,
he is still in agreement with US West's data showing the water tower would not provide adequate
coverage along Highway 7 as needed.
Phyllis O'Connell, Real Estate Representative for US West, spoke to Council about the effort US West
was trying to make to handle changing coverage areas and capacity needs.
Attorney Keane, in response to Councilmember Garfunkel' s question, stated according to the
TeleCommunications Act, the Council may not preclude the company from building out its systems to
meet system requirement areas and needs. Council cannot preclude them from building because of the
need to satisfy technology service areas.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
Page 3 of6
Councilmember Garfunkel stated one of the problems he saw with this matter was of aesthetics. He
stated the Council allowed the Minnesota Ministorage facility in the area which has aesthetic problems
and now there is a pole going up as well. In spite of the technological changes, a pole will remain for
quite a while.
Mayor Love stated he is concerned about aesthetics in this area as well. However, this request appeared
to meet the needs of zoning ordinances and hired consultants as well as technological needs. He stated
he was not happy about it, but felt a need to support it.
Councilmember Zerby stated he has received negative comments about the Minnesota Ministorage
facility as well. He was a bit confused by the data and still was not sure it would not work on the water
tower.
.
Garfunkel moved, Zerby seconded, directing Staff to Prepare a Resolution Denying a Conditional
Use Permit for U.S. West, at 19395 State Highway 7, based on the incompatibility of aesthetics of
the facility at that location.
Councilmember Stover noted aesthetics are important as well as citizen desire. However, she stated the
ordinance was created to comply with Federal laws. The Council can't write them and then choose to
ignore them. Also, a consultant was hired to give the Council best advice in this case.
Attorney Keane noted there were reasonable alternatives made in this case. He reminded Council it has
an obligation, according to the TeleCommunications Act, to allow companies to build out systems. A
consultant was hired in this matter to give them advice. He stated the Council would have to decide if
denying this matter would preclude the company from moving forward with building out necessary
systems.
.
Mayor Love stated he would vote against the motion in terms of sentiment, not in terms of fact. He noted
the request does meet zoning ordinances, but he also had questions related to reasonability of this request
much the same as Councilmembers Garfunkel and Zerby. However, the consultant did address those
questions.
Motion failed 3/2, with Lizee and Stover voting nay.
Stover moved, Lizee seconded, directing Staff to Prepare a Resolution Approving a Conditional
Use Permit for U.S. West at 19395 State Highway 7. Motion passed 4/1, with Garfunkel voting
nay.
Councilmember Zerby commented he remains against placement at this site, and he did not agree with
the ordinance. He noted this is one of most difficult aspects of his job--when a person must vote against
what he believes. He also suggested looking into the possibility of revising some ordinances, so that the
City is keeping in line with its neighboring communities related to these matters.
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit
Applicant: AT&T
Location: 26352 Smith town Road
Director Nielsen provided background on this matter. He noted there were two issues which needed to be
dealt with as a matter of course with this permit. First, he noted modifications had been made by the
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
Page 4 of6
applicant to satisfy the Planning Commission. Secondly, a utility easement must be obtained along the
west side of the parking lot at this site. He also noted this application was different from others because
it would support a building large enough to house other carriers. He stated the lease recognized and
allowed AT&T to sublet this space to another carrier. There would be room for approximately two more
carriers at the site after it is built.
Peter Beck, Attorney for AT&T, explained the need for a permit at this address as it related to the
technical needs of the company. Mr. Beck also explained he was part of a group that helped to develop
ordinances to allow these poles to be allowed on commercial properties and other public land. Further,
he noted, companies such as his client, are always looking for existing poles to utilize rather than
building a monopole as existing poles are far less expensive and don't require such a process to
complete.
Councilmember Garfunkel questioned Mr. Beck if this pole would meet the needs of his company for the
future as well as meeting consumer demand today. Mr. Beck responded affirmatively and noted that
Council should prepare themselves to see other requests, such as the previous request, in the future as .
technology is embraced by the public creating a demand for higher levels of service.
Councilmember Garfunkel asked Mr. Beck if he could foresee this technological need being satisfied by
utilizing telephone/power poles. Mr. Beck explained that a limitation of current technology is that it now
needs to be above surrounding vegetation if it is voice technology. If it is 'data only' technology, it can
be mounted to power poles.
Director Nielsen reminded Mr. Beck there is to be no use of portable generators at this site except for
instances of power outage. Mr. Beck stated all conditions have been agreed to by AT&T.
Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-037, "A Resolution Approving a
Conditional Use Permit for AT&T Wireless Services at 26352 Smithtown Road." Motion passed
5/0.
C.
A Motion to Adopt a Resolution Approving a Conditional Use Permit
Applicant: Basim Sabris
Location: 6125 Apple Road
.
Director Nielsen provided background on this matter noting the Planning Commission had made
recommendations which were to be included in this resolution before the Council.
Mr. Sabris spoke about his happiness in being able to locate his home in Shorewood. He noted he is
aware of a small fuel spill on the property which requires the Fire Marshal's inspection. He is willing to
address this matter in whatever way the Fire Marshal deems necessary.
Zerby moved, Stover seconded, Adopting RESOLUTION NO. 00-036, "A Resolution Approving a
Conditional Use Permit for Additional Accessory Space for Basim Sabris, 6125 Apple Road."
Councilmember Stover reminded Mr. Sabris the garage use is not for business use. Councilmember
Zerby commented he was glad to see the changes Mr. Sabris made in his garage design reduced the
amount of hardcover area on the property.
Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24,2000
Page 5 of 6
D. A Motion to Adopt a Resolution Making Certain Amendments to the Tree
Preservation and Reforestation Policy (This item was removed from the agenda
and moved to the May 8, 2000, Regular City Council Meeting Agenda.)
7. GENERAL
A. Discussion of Proposed Revisions to Joint Powers Agreement for Fire Services
Mayor Love explained he had just received changes in language in the Joint Powers Agreement for Fire
Services for the South Lake Minnetonka area. He found the changes related to the dissolution aspect of the
agreement rather disappointing. He questioned Council about issues related to these language changes and
support for the agreement should it come to fruition in the next thirty days.
.
Councilmember Garfunkel believed there should be some discussion related to the appropriateness of this
issue appearing in the Joint Powers Agreement. Councilmember Stover echoed this sentiment. Mayor
Love commented that, in spite of this, nothing has substantively changed in the agreement and he believed
this change is about an issue of trust rather than an issue of dissolution.
B. Direct Staff to Prepare Request for Proposals for Strategic Planning Consultant
Services
Zerby moved, Lizee seconded, Directing Staff to Prepare Request for Proposals for Strategic
Planning Consultant Services. Motion passed 5/0.
8. ENGINEERING/PUBLIC WORKS
A. Discussion Regarding Leave of Absence - Public Works (This item was removed
from the agenda.)
9. REPORTS
.
A.
Administrator & Staff
1. Gideon Glen
Director Nielsen noted appraisers were particularly busy this time of year, but an appraiser will be
viewing the property soon.
2. Skate Park
Director Nielsen reported the Skate Park is moving forward. The conceptual site plan showing the layout
for equipment was modified a bit due to budget constraints. He stated he would report more at the May
8, 2000, Regular City Council Meeting.
3. Freeman Park Multipurpose Building
Director Nielsen stated there has been some discussion about the possibility of changing the name of the
building.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
Page 6 of 6
4. Finance Director Position
Approximately nine applicants have been selected for interviews with City Staff next week for this
position.
5. Administrator Position
City Staff has been directed to utilize the skills of three firms which specialize in recruitment for this
position. More will be reported at a later date.
6. Southshore Senior Center
Engineer Brown reported the construction at the Center is going smoothly. Many people have been
involved in bringing it to fruition. Hopefully, the heating issue can be addressed as soon as this
construction is finished at the end of this week. He noted the Center is still open for business in spite of
all the construction activity. .
B. Mayor & City Council
Director Nielsen reported the Fire Department has recently completed paperwork for a controlled burn
site at 27820 Island View Drive. The Fire Department will conduct a series of burns in May and June of
this year.
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Stover seconded, adjourning the Regular Meeting to Executive Session at 9:10 P.M.
subject to the approval or claims. Motion passed 5/0.
RESPECTFULLY SUBMITTED.
Sally Keefe,
Recording Secretary
.
Woody Love, Mayor
Bradley J. Nielsen, Acting City Administrator
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY APRIL 24,2000
5755 COUNTRY CLUB ROAD
COUNOL CHAMBERS
Immediately following Executive
Session
MINUTES
1. CONVENE WORK SESSION
Mayor Love called the meeting to order at 9:43 P.M.
A.
Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Stover and Zerby; City Attorney
Tim Keane; Planning Director Nielsen; Public Works DirectorlEngineer Brown
.
Absent:
None
B. Review Agenda
Mayor Woody Love read the agenda for April 24, 2000. The agenda was approved as presented.
2. DISCUSSION REGARDING LEAVE OF ABSENCE FOR THE DEPARTMENT
OF PUBLIC WORKS
Engineer Brown reviewed the current status of Public Works employee Jeff Jensen. Jeff
has been on a medical leave of absence since May of 1999. Engineer Brown outlined three
potential alternatives regarding employment status for Jeff.
.
The first alternative would be to direct the attending physician to evaluate whether Mr.
Jensen can meet the current job description. If Mr. Jensen is able to meet these
requirements, Mr. Jensen may be reinstated to work. If the physician stated that Mr.
Jensen was unable to meet the responsibilities stated in the job description, the position
would be filled by another individual.
The second alternative is to reinstate Mr. Jensen to a part time status with limited
responsibilities, while working with a job coach provided by the State of Minnesota.
Further evaluations would be conducted to determine if Mr. Jensen was capable of the
duties required.
The third alternative is to hire a contract employee to fulfill the current needs of the Public
Works Department through October 31, 2000. This would afford Mr. Jensen additional
time to recover. Another evaluation would be performed January2, 2001 to determine if
Mr. Jensen is capable of the tasks required for the position.
::H2D
City Council Work Session
April 24, 2000, Page 2 of 2
Engineer Brown stated that the third alternative meet the needs of Public Works
Department while providing the maximum amount of time for Mr. Jensen to recover. Any
one of the alternatives chosen must also consider a decision regarding payment of
insurance costs.
Mayor Love stated that it appeared reasonable that the City continue to pay for health
insurance through the end of July, 2000.
CounciImember Stover asked Engineer Brown if consideration had been given to a
combination of alternatives two and three. Brown stated that this was not considered.
However, it certainly is a possibility. CounciImenber Stover suggested that a contract
employee could be hired through October 31st and Mr. Jensen could be reinstated with a
job coach November IS\ 2000. This would provide Mr. Jensen additional time for .
recovery, in addition to reinstating him at a time where demands of the department are not
as high.
It was discussed and a consensus was reached that the Department of Public Works should
seek out a contract employee through the period of October 1"\ 2000. Furthermore, Mr.
Jensen could be reinstated on a trial basis November 1"\ 2000 with a job coach provided
by the State of Minnesota. A final determination would be made April 1, 2001 as to
permanent employment status of Mr. Jensen.
3. ADJOURNMENT
Garfunkel moved, Lizee seconded, adjourning the Work Session meeting at 10:15 P.M.
Motion passed 5/0.
.
RESPECTFULLY SUBMITTED,
Recording Secretary
Woody Love, Mayor
Bradley J. Nielsen, Acting City Administrator
,....
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS
WHEREAS, the Shorewood City Code Section 305 provides for the annual
licensing of tree trimmers in the City; and
WHEREAS, said Section provides that an applicant submit a letter of intent and
fulfill certain requirements concerning insurance coverage and pay licensing fee; and
WHEREAS, the following applicants have satisfactorily completed this process
. and have submitted the requirements for the issuance of a License for Tree Trimmers
NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood
as follows:
That a License for Tree Trimming be issued for a term from May 8, 2000 to December
31, 2000, to the following applicants:
Permit #
Firm Name
Address
00-030
Gammon Tree Service
26032 Hwy. 27
Pierz, MN 56364
.
ADOPTED by the City Council of the City of Shorewood this 8th day of May,
2000.
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
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License Year: fOOD
Application Fee: $ 30, () 0
CITY OF SHOREWOOD
APPLICATION FOR TREE TRIlVIMERS LICENSE
(pursuant to City Code Section 305)
Date: APril :iLl; (71\
Company Name: ~rflDn Tree S-e~vj(,€
Business Contact: no...i\.d ~ee ~M.OV\
Business
Address: ~D3a
(street)
kW1
(city)
;),1 $""0'~r;,~
(zip)
Phone:.-J-.g$S~-'34 B -TRG..ES
(business)
.
Insurance:
I. Worker's Compensation: Appropriate worker's compensation insurance in accordance
with the worker's compensation laws of the State of Minnesota.
2. Liability Insurance: Insurance against claims for death, bodily Injury and property
damage liability in the amounts of at least five hundred thousand doIlars ($500,000.00)
for injury to or death of anyone person, five hundred thousand dollars ($500.000.00) for
injury to or death of more than one person in anyone accident, arid one hundred thousand
doIlars ($100,000.00) for damage to property.
License ADolication Fee:
Application Fee $30.00.
.
I (we) hereby agree to operate the tree trimmers business in accordance with the laws of the State
of Minnesota and the Ordinances of the City of Shorewood. The foregoing statements are true
and correct to the best of my knowledge and belief.
g:~~\ignature: dY~- - ~
Representative's
Signature:
(title)
'4
CERTIFICATION OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or
renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant
present acceptable evidence of compliance with the workers' compensation insurance coverage requirement of
MSS Chapter 176. The information required is: the name of the insurance company, the policy number, and
dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and
retained in their files.
This information is required by law, and licenses and permits to operate a business may not be issued or
renewed if it is not provided and/or is falsely reported. Furthermore, if this infonnation is not provided or
falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the
Department of Labor and Industry.
Insurance Company Name: 1Ifr7e.rico.,(\ t:"o...m:ty InSUfctnC(
.-OT the insurance agenda)
Policy Number: ~a x: L./S-{ /CJ-C/
Dates of Coverage: t;S':"'/s.- ICffi<i to e-13-~C!t'/
I am not required to have workers' compensation liability coverage because:
( ) I have no employees
( ) I am self insured (include permit to self-insure)
~ I have no employees who are covered by the workers' compensation law (these include: Spouse, Parents,
Children and certain farm employees)
.ertify that the information provided above is accurate and complete and that a valid workers' compensation
policy will be kept in effect at all times as required by law.
Name: Go,;fvlrr1<Jil PCAU;'r) ~e(1
(last, first, middle)
Doing Business As: Ga..mMcJr'l -rie-e S e r1/, C:. ..e
(business name if different than your name)
Business Address: !){oCJS:i.
City, State, Zip: -pi (('-c
8.vU~ ~L
M f\) - ~b?) t:,L{
1-<t/3g-g43-IKE.~
Phone:
Signature: ~/&-
Date: APt{ / dv ~ (/ ()
POLICY NUMBER
22 X45619-01
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
MADISON. WISCONSIN 53783-0001
COMMON DECLARATIONS
COMPANY CODE
0099-BLBK-MN .
,
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NAMED
INSURED
MAILING
ADDRESS
GAMMON, DAVID LEE
DBA DAVES TREE SERVICE -
26032 HWY 27
PIERZ MN 56364-2513
POLlCy'PERIOD FROM 08/13/1999 TO 08/13/2000
12:01 A.M. Standard Time at your mailing address shown above.
FORM OF BUSINESS: INDIVIDUAL
BUSINESS DESCRIPTION:
LANDSCAPING ~ GARDENING
In return for the payment of the premium. and subject to all the terms of this policy. we agree with you to provide the insurance as stated in
this policy.
This policy consists of the following coverage parts for which a premium is indicated. this premium may be subject to adjustment. .
TOTAL PREMIUM
PREMIUM
$284.00
$60.00
$344.00
MINIMUM
COMMERCIAL GENERAL ~IABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
Forms and endorsements applying to all coverage parts and made part of this pOlicy at time of issue:
.... n ;,
BK 00 00 05 93.
IL 00 17 11 98
IL 02 45 04 98
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. AUTHDRIZED
REJ'RESiHTATIVE
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COUNTERSIGNED
liCENSED RESIDENT AGENT
.
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AGENT 055-051
JAMES V PETERSON
PO BOX 405
LITTLE FALLS
PAGE 01
BRANCH 2FX
ENTRY DATE OS/29/1('
MN 56345-0405
- .\
AGENT
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THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
POUCY NUMBER
22-X45619-01
EFFECTIVE DATE
09-15-1999
AOO'l PREMIUM
$ 81.00
RETURN PREMIUM
POUCY CHANGE NO
1
ISSUED TO
GAMMON, DAVID LEE
DBA DA YES TREE SERVICE
AGENT
JAMES V PETERSON 055 OSI
PO BOX 405
LITTLE FALLS MN 56345-0405
2FS
PAGE 1 OF 1
(lilt above iIiInnIlian is nSlJdBd only .... /his I/ldoIsIImBtIt is isswd 8IIsr ptIPIIfSIitJn oIlhs policy)
. THIS POLICY IS CHANGED AS FOLLOWS:
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION:
THE LIMITS OF INSURANCE ARE CHANGED TO:
GENERAL AGGREGATE LIMIT (OTHER THAN PRODUcrS-COMPLETED OPERATIONS)
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT .
PERSONAL & ADVERTISING INJURY LIMIT
'-'. EACrl OCCUREJ.'iCE LIMIT
FIRE DAMAGE LIMIT - ANY ONE FIRE
MEDICAL EXPENSE LIMIT - ANY ONE PERSON
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$100,000
$5,000
,
:i-:
.
.
. .
All other terms. agreements. conditions. and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
MADISON, WISCONSIN
COUNTERSIGNED
,D-J~..~'-- ~~W~
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"
Ed. 1/86
LIcenHd IleIldenI Agent
Slock No. 02523 R.... 2/99
86
22 X45619-01
001
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,
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POLICY. NUMBER: 22 X45619.-01
. '. to'
THIS ENDORSEMENT C~A~GES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL,
,
,
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific premium charge is shown:
Coverage Additional Premium
Non-Ownership Liabilily $ INCLUDED
Hired Auto Liability $ INCLUDED
(II no entry appears above. information required to complete this endorsement will be shown in the Declarations as
applicable 10 this endorsement.)
HIRED AUTO LIABILITY
The insurance provided under COVERAGE A (Section I) applies 10
"bodily injury" or "property damage" arising out of the mainten-
ance or use of a "hired auto" by you or your employees in lhe
course of your business.
NON.OWNED AUTO LIABILITY
The insurance provided under COVERAGE A (Section I) applies 10
"bodily injury" or "property damage" arising out of 100 use of any
"non-owned aulo" in your business by any person other lhan you.
With respect 10 lhe insurance provided by this endorsement
1. The exclusions. under COVERAGE A (Section I), other lhan
exclusions a. b, d. f and i and lhe Nuclear Energy Liability
Exclusion (Broad Form) are deleled and replaced by lhe
following: .
a. "Bodily injury:"
(1) To an employoe of lhe insured arising out of and in lhe
course of employment by lhe insured; or
(2) To lhe spouse. child. parent. brother or sister of lhat
employee as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or
in any other capacity; and
(2) To any obligation 10 share damages with or repay
someone else who must pay damages because of
injury.
This exclusion does not apply 10:
(1) Liability assumed by lhe insured under an "insured
contract;" or
(2) "Bodily injury" arising out of and in the course of
domeslieemployment by the insured unless benefits
for such injury are in whole or in part eilher payable or
required 10 be provided under any workers compen-
sation law.
b. "Property damage" to:
(1) Property owned or being transported by, or rented or
loaned to lhe insured; or
(2) Property in lhe care. custody or conlrol of the insured.
2. WHO IS AN INSURED (Section II) is replaced by the following:
a. Each of the following is an insured under this insurance 10
the extent set forth below:
(1) You;
(2) Any other person using a "hired auto" with your
permission;
(3) With respect 10 a "non-owned auto." any partner or
executive officer of yours. bul only while such "non-
owned auto" is being used in your business.
.
CG 74 01 01 88
(4) Any other person or organization. but only with respect to
lheir liability because of acts or omissions of an insured
under (1). (2) or (3) above.
b. None of the following is an insured:
(1) Any person engaged in the business of his or her
employer with respect 10 "bodily injury" 10 any co-
employee of such person injured in the course of
employment; ..
(2) Any partner or executive officer with respect to any
"auto" owned by such partner or officer or a member
of his or her household;
(3) Any person while employed in or otherwise engaged in
duties in connection with an "auto business." other
lhan an "auto business" you operate;
(4) The owner or lessee (of whom you are a sublessee) of
a "hired auto" or the owner of a "non-owned auto" or
any agent or employee of any such owner or lessee:
(5) Any person or organization with respect 10 lhe conduct
of any current or past partnership or joint venlure lhat
is nol shown as a Named Insured in lhe Declaralions.
(6) In Wisconsin. any person while employed in or other-
wise engaged in duties in connection with an "aulo
business", other lhan an "auto business" you operate,
subject to:
(L) the limits of the financial responsibility law of this
slate. .
(iL) in instances when lhere is no other valid and col-
lectible insurance with at least lhose limils whether
lhe olher insurance is primary. excess or contin-
gent.
3. Under LIMITS OF INSURANCE (Section III). lhe General
Aggregate Limit shown in lhe Declarations does not apply to
Hired and Non-Owned Auto Liability.
4. The following additional definitions apply:
"Aulo business" means lhe. business or occupation of selling,
repairing, servicing, storing or parking "aulos."
"Hired auto" means any "auto" you lease. hire. or borrow.
This does not include any "auto" you lease, hire. or borrow
from any of your employees or members of lheir households.
or from any partner or executive officer of yours.
"Non-owned auto" means any "auto" you do not own, lease.
hire or borrow which are used in connection with your
business. However. if you are a partnership a "non-owned
auto" does nol include any auto owned by any partner.
All other terms. agreements. conditions. and provisions remain
unchanged.
Slock No. 03520 Rev. 8/91
,I .~
22 X45619-01
'001 2FK
POLICY NUMBER: .22 X45619-01
COMMERCIAL GENERAL LIABILITY
CG 21 42 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
. ,
EXCLUSION. EXPLOSION, COLLAPSE AND UNDERGROUND PROPERTY DAMAGE HAZARD
(SPECIFIED OPERATIONS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Location & Description of Operations
LANDSCAPE GARDENING
Excluded Hazard(s)
EXPLOSION
COLLAPSE
.
.
(II no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this
endorsement)
A. The following exclusion is added to paragraph 2.. Exclusions in Section I - Coverages:
This insurance does not apply to "property damage" included within the "explosion hazard," the "collapse hazard" or the "underground
property damage hazard" if any of these hazards is entered as an excluded hazard on the Schedule.
This exclusion does not apply to:
a. Operations performed for you by others; or
. b. "Property damage" included within the "products completed operations hazard":
~
\
Page 1 of 2
CG 21 42 01 96
"cOllY.. InsfJrance Services Office. Inc.. 1994
Stock No. 05831
.
.
.'
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION AUTHORIZING SIGNING OF THE
2000 MUNICIPAL RECYCLING GRANT AGREEMENT BETWEEN THE
CITY OF SHOREWOOD AND HENNEPIN COUNTY
WHEREAS, on January 24, 2000 the City Council of the City of Shorewood adopted
Resolution 00-011 which Authorized the Submittal of the 2000 Hennepin County Grant
Application for Municipal Source Separated Recyclables; and
WHEREAS, the City will operate its recycling program as described in the Grant
Application; and
WHEREAS, the City and County shall enter into a contract for Municipal Recycling for
the period January 1, 2000 to December 31, 2000, for which the County shall pay the City an
annual amount not-to-exceed $21,858;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
That the Mayor and Acting City Administrator are authorized to sign the
Municipal Recycling Grant Agreement for the year 2000, Contract No. A09230,
with Hennepin County.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th
day of May, 2000.
ATTEST:
WOODY LOVE, MAYOR
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
=f/-jf3
J.
Contract No: A09230
AA Code:
Tax ID No.
Vendor No.: *000070455
MUNICIPAL RECYCLING GRANT AGREEMENT
THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, hereinafter referred to as the "County", through its Department of Environmental Services,
417 North Fifth Street, Minneapolis, Minnesota 55401-1397, and the CITY OF SHOREWOOD hereinafter
referred to as the "City", 5755 Country Club Road, Shorewood, Minnesota 55331.
WITNESSETH:
WHEREAS, the County Board, by Resolution No. 99-8-532, on the 3rd day of August 1999,
authorized funding for Municipal Recycling Programs from January 1, 2000, through December 31, 2004,
and
WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section I 15A.02 and
115A.03, as amended by the Laws of Minnesota 1992, Chapter 685, and Minnesota Statutes 473.8011; the .
Office of Environmental Assistance Solid Waste Management Development Guide/Policy Plan; Hennepin
County's Solid Waste Master Plan; and Hennepin County's Residential Recycling Funding Policy.
NOW THEREFORE, the County and the City agree as follows:
I. SERVICES TO BE PROVIDED
I. The City will operate its recycling program as more fully described in the Grant Application that
was submitted by the City and kept on file with the County.
2. In addition to the services as referred to above, the City agrees:
a.
On an annual basis, the City must demonstrate that the average pounds of recyclables
collected from households participating in their curbside residential recycling
program must equal or surpass the 1999 base year figure. The base year figure is
detennined by dividing total pounds of recyclables collected in 1999 by the total
number of households participating in the curbside recycling program in 1999.
Failure to achieve this annual goal will result in the requirement that a plan be
submitted for Hennepin County approval that specifies the efforts the City will
undertake to increase the recycling percentage within 90 days of the submittal of the
municipal year-end report
.
b. At a minimum, the City shall collect the following materials at curbside:
1. Newspaper and advertising supplements;
2. Corrugated cardboard;
3. Clear, brown, and green glass food and beverage containers;
4. Metal food and beverage cans;
.
.
f
5. All plastic bottles with a neck except bottles that previously contained hazardous
materials or motor oil; and
6. Magazines and catalogs.
c. The City must estimate its participation rate in the curbside recycling program during the
month of October. Methodology for measuring participation must be approved by the
County prior to execution of a grant agreement.
d. The City shall submit on fonns provided by the County, a Final Report by February 15, 2001.
e. All SCORE funds accepted from the County shall be used for waste reduction and recycling
capital and operating expenses in the year granted; the City shall not retain any SCORE funds in
excess of actual program expenses.
f. The City may not charge its residents through property tax, utility fees, or any other method for
that portion of the costs of its recycling program that is funded by County grant funds.
g.
The City shall establish a separate accounting mechanism, such as a project number, activity
number, cost center or fund that will separate recycling revenues and expenditures from all other
municipal activities, including solid waste and yard waste activities.
h. Recycling and waste reduction activities, revenues and expenditures are subject to audit by the
County.
I. If the City does not contract for curbside services, the City will receive SCORE funds provided
that at least ninety percent (90%) of the SCORE funds are credited back to residents and the City
meets all minimum program requirements. The additional ten percent (10%) of SCORE funds
may be used for City administrative and promotional expenses.
II. TERM OF TIDS AGREEMENT
This Agreement shall commence on January 1,2000, and tenninate on December 31, 2000.
III. METHOD OF COMPENSATION
1. The County will distribute SCORE funds to the cities only to the extent the County has received such funds
from the State of Minnesota. The City will receive SCORE funds per the fonnula below:
No. of Households Serviced
Curbside by City
Total SCORE Revenue SCORE Funds
X Received by County from = Distributed to City
State of Minnesota
Total No. of Households
Serviced Curbside in County
The County shall pay the City an annual amount not-to-exceed ($21,858) Twenty-one thousand and eight
hundred fifty-eight dollars. This amount is based upon previous SCORE fund amounts received by the
County. Under no circumstances will the County's obligation of SCORE monies distribution exceed the
City's proportion of SCORE revenues received by the County.
2
,
2. The grant payment will be forwarded after the County Board receives and approves a Municipal Recycling
Grant Agreement signed by an authorized official
IV. INDEMNIFICATION AL"lD INSURANCE
The City agrees to defend, indemnify, and hold harmless the County, its officials, officers, agents, volunteers,
and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its
subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions
they may be liable in the performance of the services required by this contract, and against all loss by reason of
the failure of the City to perform fully, in any respect, all obligations under this contract.
1. In order to protect the City and those listed above under the indemnification provisions, the City agrees at
all times during the term of this Agreement and beyond such term when so required, to have and keep in
force insurance, either under a self-insurance program or insurance policies as follows:
Limits
.
a. Commercial General Liability with the following coverages.
Contractual Liability coverage must be included.
Genelal Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence - Combined Bodily Injury and Property Damage
Fire Damage - Any One Fire
$600,000
$600,000
$600,000
$600,000
$100,000
Limits
b. Automobile Liability covering owned, non-owned, and hired
automobiles or "Any Auto":
Combined Bodily Injury and Property Damage - Each Occurrence
$600,000
.
c. Workers' Compensation and Employers' Liability:
1) Workers' Compensation
Statutory
2) Employers' Liability
Bodily Injury by:
Accident - Each Accident
Disease - Policy Limit
Disease - Each Employee
$100,000
$500,000
$100,000
An umbrella or excess policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
"
The above establishes minimum insurance requirements. It is the sole responsibility of the City to
determine the need for and to procure additional coverage that may be needed in connection with this
.,
J
Agreement. If the City does not have a self-insurance program, the City shall not commence work until the
City has obtained the required insurance and filed with the County an acceptable certificate of insurance.
The certificate shall:
a. Name Hennepin County as certificate holder and as an additional insured for all liability
coverage (except Workers' Compensation and Employers' Liability).
b. List any exceptions to the insurance requirements.
c. Be amended to:
1) Show that Hennepin County will receive thirty (30) days written notice in the event of
cancellation, non-renewal, or material change in any described policies; and
2) Delete the wording: "endeavor to" and "but failure to provide such written notice shall
impose no obligation or liability of any kind upon the company, its agents or
representatives" .
.
3. The City shall require that each of its subcontractors, while performing services in the operation of the
City's recycling program, have and keep in force insurance as follows:
Limits
a. Commercial General Liability to include the following coverage
and limits of insurance. Contractual Liability coverage must be
included.
General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence - Combined Bodily Injury and Property Damage
Fire Damage - Any One Fire
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$100,000
.
b.
Automobile Liability covering owned, non-owned, and hired
automobiles or "Any Auto":
Combined Bodily Injury and Property Damage -Each Occurrence
$1,000,000
c. Workers' Compensation including Employers' Liability.
1) Workers' Compensation
If the Contractor is based outside the State of
Minnesota, coverage must apply to Minnesota laws.
Statutory
2) Employers' Liability. Bodily Injury by:
Accident - Each Accident
Disease - Policy Limit
Disease - Each Employee
$100,000
$500,000
$100,000
An umbrella or excess policy over primary liability coverage is an acceptable method to provide
the required insurance limits.
4
A certificate of insurance naming the City as certificate holder and as an additional insured shall
be filed with the City prior to commencement of operations.
V. NON-ASSIGNMENT OF SERVICES
It is agreed that nothing herein contained is intended, or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent,
representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and
shall remain independent with respect to all services performed under this Agreement. The City represents that
it has, or will secure at its own expense, all personnel required for performing services under this Agreement.
Any and all personnel of the City, or other persons, while engaged in the performance of any work or services
required by the City, under this Agreement, shall have no contractual relationship with the County, and shall
not be considered employees of the County, and any and all claims that mayor might arise under the Workers'
Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and
any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged
employment including, without limitation, claims of discrimination against the City, its officers, agents, .
contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend,
indemnify, and hold the County, its elected officials, officers, agents, and employees harmless from any and all
such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court.
Such personnel or other persons shall not require, nor be entitled to any compensation rights, or benefits of any
kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick
and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay, and
PERA.
VI. COMPLIANCE WITH LAWS
The City agrees to comply with all applicable state and federal statutes, regulations, and ordinances pertaining
to solid waste management and recycling including, but not limited to, the applicable provisions in Minnesota
Statutes, Chapter 115A and 473.801 et.al.
VII. NON DISCRIMINATION - AFFIRMATIVE ACTION
.
The City and its contractors shall follow the City's Affirmative Action policy against discrimination.
Hennepin County shall follow its Affirmative Action policy against discrimination.
VIII. DATA PRIVACY
The City agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other
applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of
the same may be amended. The City agrees to defend and hold the County, its officers, agents and employees
harmless from any claims resulting from the City's unlawful disclosure and/or use of such protected data.
5
.
.
'"
IX. RECORD A V AILABILITY
The City agrees that the County, the State Auditor or any of their duly-authorized representatives, at any time
during normal business hours and as often as they may reasonably deem necessary, shall have access to and the
right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent
and involve transactions relating to this Agreement. The City must retain such material for five (5) years. The
City's accounting practices and procedures relevant to this Agreement shall also be subject to examination by
any or all of the aforesaid persons as often as and during such times as aforesaid.
X. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this
Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced to
writing as an Amendment to this Agreement and signed by both parties.
XI. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and
construction of this Agreement and the legal relations between the herein parties and performance under it. The
appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of
Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in
the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid,
illegal or unenforceable, the remaining provisions wiII not be affected.
XII. TERMINATION
Either party may terminate this Agreement by written notice to the other party at least thirty (30) days prior to
the specified effective date of termination. In addition, the County shall have the right to terminate this
Agreement on ten (10) days written notice if the City's performance is not timely or is substantially
unsatisfactory or if the City has violated any of the covenants, agreements, or stipulations in this Agreement.
Notwithstanding the above, the City shall not be relieved of liability to the County for damages sustained by the
County by virtue of any breach of the Agreement by the City. The County may withhold any payment to the
City for the purposes set forth until such time as the exact amount of damages due the County from the City is
determined. In the event the County does not receive any SCORE funds, this Agreement will be terminated
upon written notice by the County.
XIII. CONTRACT ADMlNISTRATION
In order to coordinate the service of the City with the activities of the Department of Environmental Services so
as to accomplish the purposes of this Agreement, Carl Michaud, Solid Waste & Recycling Program Manager,
will manage this Agreement on behalf of the County and will serve as liaison between the County and the City.
XIV. CONTINUATION OF OBLIGATION
The obligations and/or warranties of the City and the County shall survive the performance and cancellation or
termination of this Agreement.
6
..
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as to this _ day of , 2000.
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Approved as to form and execution:
By:
Randy Johnson
Chair ofIts County Board
Date:
~ "/"}2r
'-~~ ::> 2vQU
/
Date:
And:
Assistant / County Administrator
.
Date:
Director, Dept. of Environmental Services
Attest:
Deputy / Clerk of the County Board
Date:
Date:
Approved as to execution:
CITY OF SHOREWOOD
STATE OF MINNESOTA
By:
City Attorney
Title:
.
Date:
Date:
And:
Title:
Date:
CHECK ONE: Charter _ Option A _ Option B _
7
.
.
FROM: Excelsior Fire Dept. PHONE NO. :
85/83/0e 08:14 Z 612 474 9128
May. 03 2000 01:31PM P2
~.az
City of Shorewood
PARTY REGISTRATION AND PERMIT
Pursuant to Chapter 505 afthe Municipal Code applicadon for a party is made as follows:
~~ 10 be Reastered: An'l person or persons sponsorlug a party at which it may teasonably be
an1icipa~1hat fhel8 will be more dwi seventy five \15) pen:oos in aaendanoe shan. prior 1bei'oto.
reais1er SDCh party with the Oly Cede. gimS the loQadon, da~ dme. purpose. names of an
sponsors and the riDmber of peISODS it is ao1icipaled will be in anendance.
Permit tor Acldlth)nal parties: Within a period of six (6) months following such party, no sddidonal
party or pardes. at Which it may ~ 1>0 anticipated that them will. be more than sevemy five
(75) pet'SOM in auendance. sfialJ be petmiUed at the same Ioca1ion unless the person or persons
who propose to sponsor the same sbaJl fltSt have obtained a special pemdt therefor approved by
. the Qty Council. Application for such pe.rmit shall be made to mea.y Clerk.
Party Location: ~ ISO ~ e.~ Date of Party: 5 ~ /;;z. 00
=of~~~Aueml: /tlQ _ Time: 7:{!)~: I::<':()(.j
Sponsor's Name(s): H. /.~XJ,>/~~ =
Special Parking or Safety Provisions: ~et:.i~ cDrl; ~ 'S1!?e d' <;71'~r
c)11~V - Po /!JoT 81.rxI< FiRE ~. ,-
lr.ohibltloDs:. .
a. No I*'SOD shall, between the bouts of ten otclock: (10:00) P.M. and seven o'clock (7:00)
A.M~ congregare because of or pan:icipate in any patty or gat:heri~ of people from which
noise emanates of a sufficient volume so as to disturb tbe peace. qUiet or repose of persons
residing in any residential area.
b. No penon sbaJl visit or remain within any residential dwelling unir where.iD such parry or
gathering is ~ place except pcnOM who have. gone there for the sole purpose of
abating ihedistuttiaDce. (Otd. 101,8.14-78)
Enforea-nAllt. A police officer may order all persons preseI1t in any such POUr. or satherin8 from which
such noise emanates, other tl!an the owntn or tenants of a dwelling unit. to ~ediittely dispetse
_sald_h1~p~1hisClloplor. (1987 Code)
Applicant's Signature: . Da1e:~ 2:"'a::-)
.------------..--~---.~~-.-...---R.For O~ ~. ~-..---...-..__~......-._...__..
SLMPSD: ~~~ _0-
Fire MarohaI: ~ r.: . . 0- <;;:=' g ~
City Registration: Date:
Additional Requirements:
QriaJQl:
0:lPY ~
~or~
SDIiIIaLalre ~ PllbJil: $ll!ttf DepInmeat
AppIlcIIlt
4t 3 C!-.
FROM SENIOR COMMUNITY SERVICES
PHONE NO.
541 1019
May. 03 2000 02:51PM P2
SENIOR COMMUNITY SERVICES
10709 Wayzat;a Blvd., Suite 111, Mlnnetonka, MN 55305 Phone: (952) 541~1019 FAX: (952) 541'()841
BOARD Ot: DIRECTORS
Laurie laFontaine
President
Dr. Chlnyere (lke) Njaka
1st Vies President
Francis Hagen
2nd Vice President
Mary Henning
Trelil$Ufef
.
Peter Coyle
Secretary
Dwight Johnson
Past President
Bob Bean
Member-at-l.arge
Marty Gurltz
Mem/:ler-at.Large
.
John C. Boeder
Senator Rudy Boschwftz
Scott Brandt
Aiko Higuchi
Gordon Hughes
Gloria Johnson
Kavln Krueger
Ann Lenczewskl
Kathleen Miller
Dotty O'Brien
Senator Gen Olson
Curtis A. Pearson
Mary Tarnbornlno
Leonard J. Thiel
Thomas Thorfinnaon
Tom ncen
Benjamin F. Withhart
E!xecutlve Di1'flCfar & C. E. O.
PROGRAMS
· Multi-Purpose
Senior Centers
· Senior Outreac::h
· H.O.M.E.
A United W"Ii'J
Agency
May 3~ 2000
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Gentlemen: .
The Southshore Senior Center, requests permission to allow its trip
participants to park their cars overnight, from 6:30 a.m. Wednesday May
24 to 8:45 p.m. FddayMay26, 2000, in ~h~ Cd-y H"I/ pCtrK/~j lot.
The senior center participants are taking part in an overnight trip.
sponsored by the center and Senior Community Services.
There will be 3 to 5 cars parked. We will supply you with make and
license numbers of the cars, before departure date.
Thank you for your consideration.
'~j(~
Jo Ann Kvem
-::It 3 D I
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
Larry Brown, Director of Public works'
May 5, 2000
'\
FROM:
.
DATE:
RE: A Motion Accepting Draft Stormwater Management Plan
On April 18th~ 2000 a joint meeting was conducted with the City Council, Planning Commission,
Park Commission and Land Conservation and Environment Committee to discuss the policies of the
Draft Water Resources Management Plan. Mr. Peter Willenbring of WSB and Associates presented
the plan at the meeting.
Certainly~ this document is in draft form, and will be revised to include changes suggested by all
agencies and commissions involved. Staff has incorporated changes that were suggested at the
previous review meeting. The plan is now ready to be forwarded to the various agencies that will
review and comment on the plan.
.
Since the changes that were suggested at the joint meeting were minor~ the plan was not duplicated
for this report. Certain1y~ the City Council will continue to have additional opportunities to review
and comment as the plan proceeds through the formal review process.
Staff is recommending that a Motion to Accept the Draft Water Resources Management Plan be
approved, and that the City Engineer is directed to forward copies of the plan to the Watershed
Districts and appropriate agencies for their review and comment.
-:fF3E
~
~J PRINTED ON RECYCLED PAPER
,,~ . to
.
.
CITY OF SHORE WOOD
PARK COMMISSION WORK SESSION
SATURDAY, APRIL 29, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
10:30 A.M. TO 11:00 A.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Co-chair Arnst called the meeting to order at 10:45 A.M.
A.
Roll Call
Present:
Chair Arnst, Co-Chair Themig; Commissioners Puzak, Berndt, Bix and Young;
Acting Administrator Brad Nielsen; City Engineer Larry Brown
Absent:
Commissioner Dallman
B.
Review Agenda
The agenda was accepted as written.
2. DISCUSSION REGARDING SKATE PARK
· Update From Planning Director Nielsen On Dedication of Rest Area as Parkland
Planning Director Nielsen reported that the deed is signed and the property is established as City
of Shorewood parkland.
· Update From Planning Director Nielsen on Legal Determination of "Equipment" vs.
"Structure" relative to CUP
Nielsen explained that the skate park equipment is considered to be similar to the installation of a
play structure in any other Shorewood Park, and does not, therefore require a Conditional Use
Permit. It is nonetheless important to hold informational meetings with neighbors and affected
parties.
. Plan For May 6th Site Visit
There will be an onsite meeting on Saturday, May 6 at 9:00 a.m. to meet primarily with the
immediate neighbors. The Waterford Shopping Center manager and Holiday Station manager
have been invited as well. There will be an open house at City Hall on Monday, May 8, which
will also include members of the Excelsior Area Chamber of Commerce, Police Chief Litsey,
Waterford neighbors, Superintendent ofMinnetonka Schools and others.
Nielsen said the required setback for parking is 30 feet, which suits the location of potential
parking. He also explained the proposed use of space for the skate park, the landscaping ideas,
.JtSJ4-
.t. "'w
PARK COMMISSION
APRIL 29, 2000 - PAGE 2
and 6 or 7 parking spots. He also showed a drawing for possible "phase II" landscaping to buffer
the park and neighborhood from some of the highway noise.
Commissioner Puzak added that there are a few suggestions for preventing numerous trips by
park users to the Holiday Station across the highway. They are:
1) Not make a bituminous trail surface from the skate area to the highway, but rather a
crushed limestone surface.
2) Restore the water fountain that already exists in the park area.
3) Develop a landscape barrier between the park and highway.
Puzak described some of the structures proposed in the skate park design. Nielsen added that the
materials used in ramps at the Chanhassen skate park (which he visited) are such that noise
seems to be minimized. The Commissioners asked about the use and design of the Chanhassen
park. Nielsen described that setup and explained more about the proposed layout for the
Highway 7 site.
Commissioner Themig asked how concerns of residents or potential problems would be .
addressed. Nielsen said that noise from music is one known issue and it is something the Police
Department will have to address.
Commissioner Young said that one of the chief concerns of residents of the Seasons development
is overflow parking. Nielsen said that St. Alban's Bay Road would likely be posted "No
Parking." puzak added that most of the kids would likely come to the park by foot or bicycle.
There is also potential for additional parking in the wayside rest area on the south side of the
highway.
. Plan For May 8th Open House
Nielsen suggested that the more detailed site plan would be available in color copies as handouts.
puzak asked if the park' area itself could be marked with tape or paint to show parking and .
landscape areas. The open house will be from 9:00 A.M. to 10:30 A.M.
Commissioner Young stated that he is disappointed in that the Commission is at a stage of plans
and drawings before soliciting comments or approval from neighbors. He is hearing incredibly
negative comments from phone calls he has received from neighbors. He has two letters from
residents who will not be at the May 6 meeting and he knows of a petition being circulated.
Young said he is very surprised because the Commission has been much more careful with the
trail process in being sensitive to neighborhood response.
Nielsen said it's kind of a "chicken and egg" situation because it's hard to talk with people about
what is being considered unless you have something to show them. The current plan is just a
concept, not a final by any means. They expect to modify it based on neighborhood concerns,
but it is important that people have something to look at and respond to.
Commissioner Young reiterated that, regardless of design, the basic idea is a problem because of
noise and safety. Themig agreed that residents would need to see that the park would be well
.1. ""'"
.
.
PARK COMMISSION
APRIL 29, 2000 - PAGE 3
designed and planned around those concerns. Young said he thinks the location is still a poor
choice and the Commission should be prepared for residents to feel the same way.
Puzak explained that the skate park idea has been a public matter for two years and two sites
(Manitou Park and Highway 7), have been on the paperwork every time. He explained the
decision-making process by the Youth Coalition and the Park Commission in the selection of the
Highway 7 site. puzak added that he thinks the pre-existing highway noise is loud enough to
drown out the skate park noise. Even though we would be adding apparatus, the landscaping will
be an overall improvement for the neighbors and will serve the children as well.
Commissioner Young said they need to be prepared to back off if neighbors all object to the idea
of a skate park in that location. Puzak said he has to hear the arguments and reasons, and weigh
those. Young said some neighbors might not attend the meetings if they think it's a done deal.
He asked if the Commission is prepared to accept rejection of the idea. Puzak said all of the
City's park locations are in residential neighborhoods. What must be considered is the overall
good of the City over one particular street in the City.
Nielsen asked if feedback forms should be made available at the open house. All agreed they
should be included.
Young restated the neighborhood concerns and said it will be hard to convince residents that this
will be an asset in their lives.
3. ADJOURNMENT
Puzak moved, Young seconded to adjourn. Motion passed unanimously.
The meeting adjourned at 11: 1 0 A.M.
Respectfully Submitted,
Connie Bastyr, Recording Secretary
.
.
.
J
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, APRIL 4,2000
5755 COUNTRY CLUB ROAD
COUNCn.. CHAMBERS
7:00 P.M.
MINUTES
Dlt4Fl
CALL TO ORDER
Chair Bailey called the meeting to order at 7:06 P.M.
ROLLCALL
Present:
Commissioners Callies, Anderson, Woodruff and Boehm; Planning Director
Nielsen; Council Liaison Lizee
Absent:
Commissioners Turgeon and Rosenberger
APPROVAL OF MINUTES
Anderson moved and Callies seconded to approve the Minutes as presented. Motion
passed 5/0. .
1. PUBLIC HEARING - C.D.P. FOR ACCESSORY SPACE OVER 1200 SO FT
Applicant: Basim Sabris
Location: 6125 Apple Road
Chair Bailey reviewed procedures for the public hearing and opened the hearing at 7:08.P.M.
Planning Director Nielsen described the request, explaining that plans have been revised by the
applicant from those shown in the original drawings provided to the Planning Commission.
The project involves significant remodeling and an addition to the primary structure. Nielsen
explained that, in adding the attached garage, the total accessory space goes over 1250 square
feet and requires a Conditional Use Permit, according to City code.
Nielsen described the existing property and structures. Besides the house, there are two
accessory buildings on the property. A small garage is 280 square feet and there is a 2-level
barn that totals 990 square feet. The newly proposed 3-car garage plan is for 1010 square feet
(310 more than shown on the original request). The total accessory space would be 2,280 square
feet.
Nielsen noted that surrounding homes are quite some distance from the present structures and
well buffered by existing vegetation. He also explained the 4 criteria for this type of C. U.P.
request, all of which are met in the applicant's proposal. In fact, the revised plan esthetically
works better than the original proposal. Based upon compliance with the Code, Staff
recommends approval of the C.U.P.
~
~
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 2
Nielsen added that concerns have been raised about the condition of the existing barn (which is
nonconforming), as it needs painting and repairs made to the soffit fascia. Also, the site is
messy with debris and other waste beyond that of normal construction activity. Nielsen
recommended that the applicant be asked to:
· Fix the soffit fascia on the barn and paint the barn siding.
· Clean up the site and control construction debris thereafter.
· Turn over to the Fire Marshall, an oil spill (estimated at 30 gallons) on the site for
clean up procedure.
Mr. Basim Sabris, the applicant was given the opportunity to speak. He stated that he has no
problems with the additional conditions. He also explained about the oil spill from an old fuel
tank near the house. He believes it is less than 30 gallons, and has no problem with turning it
over to the appropriate authorities. He explained the reasons for the last minute change in
design, adding that he thinks this plan works better with the main structure better than the first
plan did. .
The public was invited to comment.
Mr. Joe Garrity, 6057 Apple Road (north of this property) stated that he has no problem with the
building plan or the garage. He added that he really likes the little garage at drive in area, and
that it would be a shame to tear it down. He knew nothing of the condition of the other barn.
Mr. Sabris added that the small garage is useless, but historic and charming. He said he bought
the property because of its privacy and beauty, but also because he liked the old structures and
would like to. keep them. He intends to re-side the barn with new material to match the house.
There were no other public comments and the Public Hearing was closed at 7:20 P.M.
Commissioner Callies asked about the fuel storage. The applicant said there are no gas lines into
the house and the tank is obsolete. It was an aboveground tank.
.
Commissioner Anderson said he has visited the property and agrees on the issue of site
cleanliness and that the barn needs work. He asked the applicant how he plans to use the barn.
Mr. Sabris said he hopes to have some chickens, ducks, and possibly rabbits. The property was
an old farm and he would like to keep it in tact. He has owned the property for only 9 months
and said it had not been well kept.
Anderson asked about neighboring properties and the unusual shape of the lot. Nielsen said the
property is pretty well buffered and the wetland keeps it separate from surrounding homes.
There are no easement issues.
Commissioner Woodruff echoed Anderson's comments, adding that the property will be
beautiful if cleaned up. The applicant stated his plans for landscaping and gardens to
significantly upgrade the property.
.
~
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 3
Commissioner Bailey asked if there is a time limit for the clean up and repair work-and who
determines that there has been compliance. Nielsen offered some suggestions on how to
approach the job. He suggested that a letter of credit be required on the bam repair issue. He
asked the applicant if the end of July would be sufficient time to complete the project. Mr.
Sabris said that is absolutely enough time. He added that the bam will be resided to match the
house, rather than painted.
Bailey said he had concerns with the fuel spill as well. Mr. Sabris agreed and said he will take
care of the fuel problem by the end of this week.
Councilmember Lizee asked if the driveway will be reconfigured or left as a drive-around loop.
The applicant said the driveway will change and described the new design.
.
Lizee asked if Mr. Sabris had received a copy of the City's tree protection policy. He said it is
difficult to avoid working around the base of some of the trees, but the trees seem to be in good
shape and he hopes they will stay okay. Lizee reiterated that she is concerned about materials
stacked around the bases of trees on the site.
Commissioner Anderson asked about the timing of the C.D.P. request, commenting that it is
after work has already been started. Nielsen said the house construction is separate from the
garage issue. The applicant added that he was not even allowed to tie in a foundation for the
garage portion while doing foundation work for the house.
Anderson moved to adopt Staff's recommendation to approve the C.U.P. subject to
recommendations, which were added of 1,2 & 3. A friendly amendment was made to add
dates for the end of July for a letter of credit and that the fuel clean-up be done prior to
the City Council meeting.
.
There was discussion about the rest of the clean-up work being tied into the letter of credit. It
was suggested that in order to release the letter of credit, the bam must be finished and the site
cleaned up. The applicant said he has no problem with the timing for the end of July. The
motion was revised to say:
Anderson moved to accept staff recommendations and approve the Conditional Use
Permit, providing that conditions A, B, C & D are made with following added conditions
as proposed by staff; (1) that the oil spill site be cleaned up prior to the April 24 City
Council meeting, (2) that we have a letter of credit with the City for the barn conditions as
addressed by staff, and (3) that we have the site cleaned up at the discretion of staff for the
completion of the project. Woodruff seconded. Motion passed 5/0.
2. PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE
Applicant:
Location:
South Tonka Baseball
Freeman Park (Babe Ruth Field)
This item was cancelled prior to the meeting.
Ii
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 4
STUDY SESSION BEGAN AT 7:40 P.M.
3. DISCUSSION ON ACCESSORY SPACE
Planning Director Nielsen provided a listing of Conditional Use Permits that were issued in
Shorewood over the past 5 years for accessory space. He explained the background of the City's
Ordinance and some of the questions that have been raised about procedure as they related to
C.U.P.'s for accessory space. The purpose of the code is to maintain some sort of proportion to
the principal dwelling and lot size. Nielsen said he believes the ordinance has worked very well.
Visual examples were shown of what the ordinance is designed to achieve and what it aims to
avoid. Nielsen said the question is, how far to take the non-conforming issue. For example, in
the case addressed earlier, a more strict code may have required taking the barn down to one
floor. Yet, it is structurally sound and only in need of cosmetic improvements.
Commissioner Anderson asked about the goal of the ordinance. Nielsen said it is ultimately to .
get properties into compliance. The current ordinance has minimum requirements, yet if we take
it to the next step and clean up nonconformities, it may not be flexible enough. Nielsen
suggested addressing stmctures that are structurally unsound. Anderson agreed.
There was discussion on possible ways to address non-conforming stmctures with various permit
applications. Examples of past situations were also considered. There was a question of how to
address dilapidated structures. Nielsen suggested a provision in the ordinance, which sets
specific requirements and then allows for reasonable conditions. Bailey agreed, but added that
he is not sure how to make it conditional.
Nielsen pointed out that home occupation is also an issue that the ordinance attempts to address.
In the case of a Conditional Use Permit, there is a recorded notice against the property for future
record if the property changes hands.
-.
There was further discussion on how to create an ordinance to cover maintenance requirements
within the application process for aC.U.P.
Anderson moved to direct staff to craft some language in regards to maintenance of
accessory buildings-to add an ''E'' to our existing ordinance. Callies seconded.
The Commissioners discussed some ideas for including the issue of a structure's soundness or
reparability. Planning Director Nielsen asked if they want to use a percentage of the existing
stmcture's square footage as a determining factor. Another variable that was brought up is
lakeshore property vs. non-Iakeshore. Mter further conversation,
The motion passed 5/0.
Commissioner Anderson asked about an example of an island property, and the distinction
between a tear down and a remodeling project. He asked why not use the mle that 50% of a
'f '
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE S
remodel is considered a new structure, which would require conformity of other structures.
Nielsen clarified how the ordinance applies in such cases and suggested that a building's total
area, rather than value is used to address nonconformities.
Anderson brought up the "lO-by-lO Rule" and asked Nielsen to look at the issue in conjunction
with lO-by-lO permitting of accessory structures. Nielsen said if allowing an exception in
setbacks, the accessory building ought to stay pretty small.
Woodruff moved to consider if someone bas improvements of some percentage of the
house-50%, that we consider accessory space that is nonconforming.
There was further discussion to clarify the intent of this suggestion. It would require all
accessory buildings to be brought into conformity if the current home is increased by 50% or
more in square footage. In other words, the project would be treated as if it were new
construction.
.
Chair Bailey suggested that the Commission seek other input if they wish to make such a
change. He asked that a draft be prepared and that there be further discussion with the full
commission. There was consensus to table discussion until the May meeting.
The motion died for lack of second.
4. MA TTERS FROM THE FLOOR
There were none.
5. DRAFT NEXT MEETING AGENDA
The April 18, 2000 meeting will be a Joint Study Session conducted by City Council and
attended by members of the Land Conservation & Environment Committee, to discuss the City's
. Storm water Management Plan.
Commissioner Anderson will be the Planning Representative at the April 10 Council meeting.
6. REPORTS
Commissioner Woodruff reported on the March 27 Council meeting, stating that the monopole
issue is to be continued. Other agenda items were mentioned, including the discussion of a
possible skate park, which may be a C.U.P request on the May meeting agenda.
Commissioner Callies attended the March 28 Park Commission meeting. She reported that an
open house was held to present plans for the Vine Hill! Covington trail segment. Other agenda
items were; a discussion about a park building at Freeman and user fees for parks.
Chair Bailey asked if Freeman Park is the next logical site for location of a cell tower at the west
end of the City. Nielsen said it may some day be the spot, and since it is public property, the
PLANNING COMMISSION MINUTES
APRIL 4, 2000 - PAGE 6
Ordinance would allow it. Bailey suggested it might make sense to have preliminary discussion
about that possibility. He would like to discuss the esthetic aspect with the Park Commission.
Anderson supported the idea to discuss potential sites for future tower proposals within the City
in order to be prepared before requests are made.
7. ADJOURNMENT
Anderson moved, Boehm seconded to adjourn the meeting. Motion passed 5/0.
The meeting adjourned at 8:59 P.M.
Respectfully Submitted,
Connie Bastyr
Recording Secretary
,
.
.
'"
RESOLUTION NO. 00-
A RESOLUTION GRANTING A CONDmONAL USE PERl\tIIT
FOR U.S WEST
WHEREAS, U.S. West Wireless Services, LLC (Applicant) has an interest in the real
property located at 19395 State Highway 7 in the City of Shorewood, County of Hennepin, State
of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicant proposes to construct a telecommunications monopole and
ground equipment on the property as shown on Exhibits A-C, attached hereto and made a part
hereof; and
WHEREAS, the Applicant has applied for a conditional use permit pursuant to Section
1201.02 Subd. 21 of the Shorewood City Code; and
.
WHEREAS, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
3 March 2000, which memorandum is on file at City Hall; and
WHEREAS, Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
2 March 2000, which memorandum is on file at City Hall; and
WHEREAS, Applicant's request was reviewed by the City's Telecommunications
Consulting Engineer, and his recommendations were duly set forth in a letter to the City, dated
I March 2000, which letter 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 7 March 2000, the minutes of
which meeting are on file at City Hall; and
WHEREAS, Applicant's request for a conditional use permit was considered by the City
Council at their regular meeting on 27 March 2000, at which time the Planner's memorandum,
the Engineer's memorandum, the Consulting Engineer's letter, 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.
district.
That the Subject Property is located in an C-3, General Commercial zoning
:II/pA
,
2. That the Subject property contains approximately 2.5 acres of land and is
currently occupied by Minnesota Mini-Storage, a self-storage warehouse business.
3. That the Applicant proposes to build a 100-foot tall monopole tower and proposes
to locate telecommunications equipment at the base of the tower.
4. That the proposed ground equipment will be screened from view by an existing
fence surrounding the Mini-Storage property, which property is accessed by an electronic
security gate..
5. That the monopole structure has been structurally designed to hold three
telecommunications carriers.
6. That the City's telecommunications consulting engineer has verified that the
existing city water tower, located at Highway 7 and Old Market Road would not satisfy the
Applicant's service coverage needs.
.
7. That the City's telecommunications consulting engineer has conducted a
frequency modulation study and determined that the proposed facility will not interfere with the
customary transmission of radio or television signals in the area.
8. That the proposed monopole and ground equipment comply with the setback
requirements of the Shorewood Zoning Code.
9. That the proposed tower is separated from residential uses by 200 feet to the east
and 300 feet to the south.
CONCLUSIONS
.
I. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
a. The communications monopole and equipment shall be constructed in accordance
with the information provided to the Planning Commission and in accordance
with the recommendations of the City Planner, the City Engineer and the City's
Telecommunications Consulting Engineer.
b. The monopole structure shall be built so as to accommodate up to two additional
telecommunications carriers besides U.S. West.
c. The monopole structure shall be painted a powder blue color similar to the
Shorewood water tower at State Highway 7 and Old Market Road. The color
shall be subject to review and approval by the City Engineer.
d. If any of the proposed ground equipment extends higher than the existing fence,
the Applicant shall provide the City with a landscape plan, prepared by a
-2-
registered landscape architect, providing for year-round screening of the
equipment.
e. That future changes to the ground equipment or the design of the antenna
equipment shall be subject to review and approval of the Shore wood City
CounciL
f. At least annually, the owner of the telecommunications equipment and antennas
must provide the City with evidence of FCC radiation emission compliance.
Failure to provide such information shall result in the City conducting its own
testing and billing the owner for the City's expense.
2. That the City Clerk is hereby authorized and directed to provide 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 OF SHOREWOOD this 8th day of
May, 2000.
ATTEST:
WOODY LOVE, MAYOR
.
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
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Exhibit C
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:
28 April 2000
RE:
Wartman/Westin - Simple Subdivision/Combination
FILE NO.:
405 (00.07)
Carl Westin owns the property at 28110 Boulder Bridge Drive (see Site Location map-
Exhibit A, attached). Torn Wartman owns the vacant lot immediately west of the Westin
property. The two owners propose to rearrange the lot line between the two parcels as
shown on Exhibit B. The parcel being conveyed from Westin to Wartman is
approximately 2200 square feet in area.
.
The Westin lot is zoned P.D.D. and will contain 41,831 square feet of area after the
rearrangement. The Wartman lot is zoned R-IA/S, Single-family residential, and will
contain approximately 21,800 square feet.
The existing lot line apparently reflects some sort of old driveway configuration that no
longer exists. The proposed rearrangement straightens the lot line, at least between these
two parcels. This is advantageous from a planning perspective, and approval of the
request is recommended.
Cc: Tim Keane
Tom Wartman
n
'-J PRINTED ON RECYCLED PAPER
*~.8
A
N
.
Westin Property
Wartman Property
=TONKA
.
200
I
o
200 400 Feet
Exhibit A
SITE LOCATION
WartmanIW estin Subdivision/combination
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BO LDER C R
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BLOCK 2
LOT 2
41.831 sq. ft.
0.96 acres
D \ C -1/'\00
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1:) "'-1So'l':" line 01 Lot · ",,,,,,...I.
rArU Tb be.. GOr\\(_"qI~
-Southwest corner of Lot 2
Block 2, BOULDER BRIDGE'
1'.
RESOLUTION NO. 00 -
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, Carl Westin and Tom Wartman (Applicants) are the owners of certain real
properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a subdivision and combination
of said real properties into two parcels legally described in Exhibit B and illustrated on Exhibit
C, attached hereto and made a part hereof; and
WHEREAS, the subdivision and combination requested by the Applicants complies in
all respects with the Shorewood Zoning Code.
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the real property legally described in Exhibit A be divided into two parcels,
legally described in Exhibit B, and illustrated in Exhibit C, attached hereto and made a part
hereof..
2. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
3. That the Applicants record this resolution with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this resolution.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
May 2000.
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
..
Proposed Le2al Descriptions
.
Westin Parcel:
Lot 2, Block 2, BOULDER BRIDGE, according to
the recorded plat thereof, Hennepin County,
Minnesota, except that part lying northerly and
westerly of the following described line:
Beginning at the Southwest corner of said Lot
2; thence North 79 degrees 25 minutes, 55
seconds West, assumed bearing. along the
South line of said Lot 2, a distance of 62.51
feet; thence North 27 degrees 2.3 minutes 59
seconds East, a distance of 92.59 feet to the
westerly line of said Lot 2, and there
terminating.
Wartman Parcel:
That part of Tract E, Registered Land Survey No.8 according to files of the office of the
Registrar of Titles, Hennepin County, Minnesota, lying easterly of Registered Land
Survey No. 740 according to the file of the office of the Registrar of Titles, Hennepin
County, Minnesota.
AND
.
That part of Lot 2, Block 2, BOULDER BRIDGE, according to the recorded plat thereof,
Hennepin County, Minnesota, lying northerly and westerly of the following described
line:
Beginning at the Southwest comer of said Lot 2; thence North 79 degrees 25
minutes 55 seconds West, assumed bearing, along the South line of said Lot 2, a
distance of 62.51 feet; thence North 27 degrees 23 minutes 59 seconds East, a
distance of 92.59 feet to the westerly line of said Lot 2, and there terminating.
Exhibit B
~ ...
.
.
Existin2 Le2al Descriptions
Westin Parcel:
Lot 2, Block 2, BOULDER BRIDGE, according to
the recorded plat thereof, Hennepin County,
Minnesota.
Wartman Parcel:
That part of Tract E, Registered Land Survey No.8 according to files of the office of the
Registrar of Titles, Hennepin County, Minnesota, lying easterly of Registered Land
Survey No. 740 according to the file of the office of the Registrar of Titles, Hennepin
County, Minnesota.
Exhibit A
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INCH = 40 FEET
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-Southwest comer of Lot 2.
Block 2, BOULDER BRIDGE
LEGEND
BLOCK 2
LOT 2
41,831 sq. ft.
0.96 acres
266.57
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Certificate
of Survey
-
_ 32.~5~~"E- 2 BOULOER 6R\OGE.
- N79 2 S\oe\<. '
\ 01 Lot '
S Utn \ine
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. = Iron monument found
o = Iron monument set and marked
with license No. 2.3968.
Drawing FIle: 984.34M.DWG
Project No. 98434M
I hereby certify that this survey, pion or report was prepared by
me or under my direct supervision and that I om a duly Registered
Land Su >'01' und~the w of the State of Minnesota.
a-7~ ~ ~
~/ ~ ~,~/ October 8. 1998
Kurt M. Kisch, M Ucense No. 23968 Date
~
~
~o<{
Mr. & Mrs. Carl Westin
27110 Boulder Bridge Drive
Shorewood, Minnesota 55331
EXISITING PARCEL DESCRIPTION
Lot 2, Block 2, BOULDER BRIDGE, according to
the recorded plat thereof, Hennepin County,
Minnesota.
PROPOSED PARCEL DESCRIPTION
Lot 2, Block 2, BOULDER BRIDGE, according to
the recorded plat thereof, Hennepin County,
Minnesota, except that part lying northerly and
westerly of the following described line:
Beginning at the Southwest corner of said Lot
2; thence North 79 degrees 25 minutes, 55
seconds West, assumed bearing, along the
South line of said Lot 2. a distance of 62.51
feet; thence North 27 degrees 23 minutes 59
seconds East, a distance of 92.59 feet to the
westerly line of said Lot 2, and there
terminating.
""
~1
~
RLK - Kuusisto, Ltd.
6110 Blue Circle Dr.
Suite #100
Minnetonka, Mn.
55343
(612) 933-0972
f
Exhibit C
..
.
.
DORSEY & WHITNEY LLP
......_.__J......_~"..__..... -- ._--~
._" c: (~Ie r \\ ,; 'e=' i'
I,.!"" \\,lc..I....! "; c..' \\// I.~IIU\
iUi-. I Ii
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:inl fA ri Y 2 20nO i0
! ~J
MINNEAPOLIS
PILLSBURY CENTER SOIJTH
220 SOIJTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1498
TELEPHONE: (612) 340-2600
FAX: (612) 340-2868
FARGO
BILLINGS
NEW YORK
By GR.'F.AT PAIT'\;.
SEATTLE
MISSOULA
DENVER
BRUSSELS
WASHINGTON, D.C.
DES MOINES
HONG KONG
ANCHORAGE
ROCHESTER
LONDON
MICHELE J. ALSTAD
(612) 340-8733
Fax (612) 346-2644
alstad.michele@dorseylaw.com
VANCOUVER
SALT LAKE CITY
COSTA MESA
May 2, 2000
VIA MESSENGER
Woody Love, Mayor
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Dana George, Asst. Fire Chief
Excelsior Fire Department
339 3rd Street
Excelsior, MN 55331
Bradley Nielson, Acting Adminstrator
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Scott Anding, Fire Marshall
Excelsior Fire Department
339 3rd Street
Excelsior, MN 55331
Gary Ringate, Fire Chief
Excelsior Fire Department
339 3rd Street
Excelsior, MN 55331
James C. Akins
13305 Holasek Lane
Eden Prairie, MN 55346
RE: Opposition to Agreement among the City of Shorewood, the Excelsior Fire
Department, and James Akins to Bum Structures
Enclosed please find a petition regarding the proposed burning of the property located
at 27820 Island View Road signed by nearly all of the property owners in the immediate neighborhood.
This Petition is in opposition to the "Agreement to Bum Structures" made among the City of
Shorewood, the Excelsior Fire Department and James Akin, the owner of the subject property. The
Agreement to Bum Structures, Notice of Intent to Bum, and letters from a resident who is out of town
have all been attached to the Petition. Based on representations made by the Excelsior Fire
Department, the residents expect and expressly request that either the Agreement to Bum Structures be
immediately terminated or that a public hearing be held by the City of Shorewood on this matter prior
to any action being taken or permitted by the Excelsior Fire Department.
# '711
"
DORSEY & WHITNEY LLP
May 2, 2000
Page 2
In addition to the enclosed Petition, we have enclosed a letter which is addressed to the
residents living in the vicinity of this property and is to be signed by the City of Shorewood and the
Excelsior Fire Department. This letter provides that the City and the Fire Department will neither
conduct nor permit the burning of the subject property without the City's first holding a public hearing
and receiving the consent and approval of the City and the residents of the immediate neighborhood. If
the City and the Fire Department are unwilling to execute and deliver the enclosed letter promptly, we
will proceed to obtain an injunction to restrain the City and the Fire Department from conducting or
permitting the burning.
Please call either Larry Griffith of our office at (612) 340-2747 or me at (612) 340-
8733 if you have any questions.
Very truly yours,
'#I~/ dL(
Michele J. Alstad
.
MJNrls
Enclosures
cc: Mr. Larry Reid
.
.
.
May I, 2000
Woody Love, Mayor
Shorewood City Hall
5755 Country Club Road
Shorewood. MN 55331
PETITION
Bradley Nielson. Acting Adminstrator
Shorewood City Hall
5755 Country Club Road
Shore~ood. MN 55331
Gary Ringate, Fue Chief
Excelsior Fire Department
339 3'd Street
Excelsior, MN 55331
Dana George. Asst. Fire Chief
Excelsior Fire Department
339 3Rt Street
Excelsior, MN 55331
Scott Anding. Fire Marshall
Excelsior Fire Department
339 3nf Street
Excelsior~ MN 55331
James C. Akins
13305 Holasek Lane
Eden Prairie, MN 55346
RE: Opposition to Agreement between Excelsior Fire Department
and James Akins to Bwn Structures owned by James Akin
It is our understanding that the Excelsior Fire Department entered into an agreement with
James Akin to bum the structure(s) on the property located at 27820 Island View Road in the
City of Shorewood and that this burning may take place as early as !\'fay 4, 2000. Please be
advised that the Noti~e of Intent to Bum which should have been signed by all of lhc neighboring
residents has not been fully executed. and. even where executed manifests conc~ms from all of
the neighboring residents with the exception of a relative of James Akin (see attached notice).
The notice states that if there are any concerns that they will be addressed by the Fire
Department. To our knowledge. the fiLl: Department has not communicated when it will address
the concerns of the neighboring residents.
The undersigned. being owners and/or occupants of the properties in the immediate
vicinity of the property located at 27~20 .Island View Road adamantly object co the destruction of
any structures on this property by fire. The undersigned further petition that no action of any
kind be taken that would pennit the burning of any such structures without first providing notice
of such action and e' ght to be heard at public hearing on the matter.
:p~ D 1'1 ~ tthe v L. Co.::.!t.,o..\.
erl,1flO Na~.-:::::=Z/
p
JteJ\
Address:
~ ?'6&O ~/q.., J V,e", R..J.o
':;OL ..r....... /I 0 d . /fA. AJ S,"31 i
41,-('~7 (~
Phone Numt~ 4- ~ Il ""'l-
.
Name:
~~, (\9~(jYl
\ . \
Address:
~7C:,Q5I.<)/?-onc..\ Uil"~ K J
PhOt NUplber: It d1
:; J'..\- - ~, ,~
Phone Number: ".,.
474- (, t:,B ';)
.
~l!WL~ ~JJ/1fifrLJ
Address: ~ ~
tL~~S,<-t .~ tr/;f
~~
II (JJ i D.tL/
Address: o. I ~
-2. 7!.e, '&0 -r;;. J)I;.. J.j,:J r f LJ
Phone Number:
if 7D - ) ~ 9 L
Phone~ber. 2?
Lj -97:l
.
.
Name: 1:> (:) ~ '? 0 N'rO
Address: ~ ~ ~~ 0
""L"\ '\ ~ ..l..--~~ ~ \. I'D
~\..&t'Or~ ~.N .
l~r.f~~o _O~
LH 9~ - ltr~
Name:
I?A~r1J -PO'! J .:,y
~4',U.~~~;~-
Address: - -:::J
c;;? ? b S 5 .J S:Lq.....:JD 1..1!!.V'"'J:CJ iJcI.
Phone Number:
'1'"s~-474-?,?~
Namefll1M( d~
Address: it.1 0 U - 1) n
~ 1 t, b 5 .J.hJ{A--J. u-J Y
S Ju....~ ----0. ~
Phone:!f!/~ry/?tJ ~()
Name: ~~O~~
Address: _ IJ
~'70'-1c) l'~~ vlet() R.J
Phone Number: tJ
"'I?LJ -C} ,3:2..
Name:
t<A.~oy Mo(.2p.,S
Address:. ,I
")...11 )..~- rs(....Ai).t:)v (~Rb .
C S~e== A-.-t-+A-c~ Ltg TltSi'L-
~(QJJ~~yRAMU>, ~1)(.t1l ~
Phone N,pmbej: __ \ .
G--f +.- ")..1 ,,~
Name: ~LA. ~
~r 'ILK
Address: ~ ~' CZ/.
~~~<~_v _ ~- ~~~~.
Phone Numbe;< ]I
9..s-.::q - . ~ - Sf?'7' t.
To: Larry Reid
From: Randy Morris
Larry. I've attached thaleiter about the buming of the house. We will be gone the
week of 4130 to 5/8. but can be reached in California at 626-796-8647. or by fax at
626-229-9833. Thanks. Randy.
.
.
To: Larry Reid
re: pnone conversation
We did not agree to the burning of the house. We were shown on 411/00 a notice of
intent to burn on which we wrote we had concerns and asked that the Fire Dept. call us
to discuss the issues. The notice indicated that the Fire Dept. would meet with
neighbors to discuss their concem&. This has ",Ver been done.
6efore we would agree to this training exercise we would need to have an
understanding in writing from the Fire Dept. or City af Shorewood clearly stating who
is responsible for clean up or damage to our property as a result of the burning of the
structure at 27820 Island View Rd.
.
Randy and Paula Morris
27725 Island View Rd.
Shorewood, MN 55331
phil 474-2765
f /JNI. 'd ~
.
Excelsior Fire Department
Agreement to Burn Structures
This agreement is made this , day of M~ .2000 by and between the.
CITY OF Ex ,.q~io" and its FIRE DEPARTMENT ("C '") and :r__-eS c. Ak,,.,s.
("Owner'").
" Owner has requested the services of the City to bum the structurc(s) on the pro~erty
located at 1..78Z0 I.sl......J..Vt.<..;J R.J ,intheCityof Shor-LtAoo
City agrees to perform this service to provide training for its Firefighters.
In consideration of the mutual covenants contained below, the parties agree as follows:
J.
Owner represents that it is the legal owner of the property to be burned, and said Owner
has attached a copy of the legal document(s) establishing its property interest. Owner
hereby authorizes the City to bum the structurc(s) descn"bed in paragraph 2. If there are
any outstanding liens or mortgages, or other parties with legal interest in tbe property,
Owner sban obtain consent signatures from these parties in this Agreement.
.
2. The entire physical descriptiun of the property to be burned is:
21B20I)l...-.L V.;'.., R...~ 7..7l:, }1",J.~ +or}.r S\&.bd. NIJ. 3' 7
p.r. I). AJ......,&~, J'./17.- 2.J-Ja -oooS-
.$~r~"""'.D~. ~ S~331
3. Owner agrees to keep the property secure until the Fire Department perfonns the bum.
Owner shaU provide a key to the Fire Department for access.
4. Owner agrees to have all personal property removed from the property by S . J - 00 .
City assumes no responsibility or liability for personal property remaining on the
premises which is damaged during the performance of its services.
5.
Owner must "notify the following agencies to disconnect utility serviced to the premises:
Minnegasco. Northern States Power Company, Nortbwester Belt Company. and the City
of ~h.~ w_~ . These disconnects will be accomplished by 5-1- 00 .
Owner shall obtain a Demolition Permit from the City of ~ \... a f'< woO ~
.
(j)
7. Owner agrees to hire a properly licensed. contractor to disconnect the municipal water and
sewer cQnnections to the property and/or to cap welt and collapse and fill the septic tank.
8. Fire Department will notify Owner as soon a.t; the bum is completed. The burning shall
be completed no later than b-l- OeJ
9. Owner agrees to secure the area surrounding the burned property/structure within 24
hours after the FR Department bas notified Owner of completion of the bum.
10. Owner agrees to fill any e~cavatioll to grade within 120 hoW"! after the notification by the
Fire Department of completion of the bum.
Agreement to BUrD Structures
Page 20(2
11 . If Owner fails to complete the items set forth in paragraphs numbered 8~ to. and 11.
Owner agrees that the City/Fire Department may complete the work 311d assess the cost
against the property without any notice or public hearing.
12. Owner accepts all responsibility for injury or death to otbers who enter the property
before and after the Fire Department has completed the burn.
\3.
Owner shall defend, indemnify and hold harmless d\e City. Fire Department. employees.
volunteers, and agents for an claims, damages, losses, and expenses. including but not
limited to attorney's fees, which they may incur or for which they may be beld liable, for
personal injury or death and property or loss, resulting from the perfonnance of the above
described services. ClCCept those resulting from the City's - Fire Departments negligence.
.
~r:.Of ~J'il~i~i~tt~tA~
E-d~.-.~' fJ~.~.
Addre" I" ~ 01 010 I,.. ...~ Ie. I..<. ....,c., ~"J P,~i'''-
PhotleH 'IL-~O,"-"':Sb W '-',-'37-75'(10 5,3"i'-
C '-, z. - g &.8 - Ot>&CPGR
.
The Wldersigncd, being the Chief, Asst. Chicfand Fire Marshal of the Excelsior Fin:
Department. in behalf of the Department, does accept the within request to bum stnlctureS located
on the property described in this letter, and the Department will for training purposed bum the
structure between the dates of t""'\-:J \ and 1'.......,-<,. \ .
d)
-2t/~
Date
Excelsior Fire Department
339 Third Street
Excelsior, MN 55331
(612) 474..5364
Notice of Intent to Bur"
instrUctions: Present this to your neighbors, infonn them that you are considering allowing the::
E."<cclsior Fire Department to bum down and train with in the structu~. Each neighbor shalJ then
sign and ~ritc down any concerns to be addressed at a later date by the Fire Department (if any).
1. Name~~...., A~~d
Address 2'~f I'il.: ~~ t.~
Home Pbone l' -.;; ~ Work Phone
Comments, eonc:eras. suggestions: _ ) ~~. . .
~~~ ~49-". ~~ .
~dqs;~~
2. Name De_A. (J hc,j~ Pet ..-J +-0 .
Address~7.sr .Z"~tJ V,..'...J R_ti
Home Phone W orlc ,Phone
Comments. concerDSt suggestions:
. WI- A/.I:, J.{..I-ao
q-/-oo
Date
.
Signed
Date
,
3_ Name L. M. ~ u..t,;"S o!- A I D-,S'i \ :11C. .
Ackbss ~ '1 srs: ~~~ ~ t"\'U _
Home p~c '1-' l.. t.l1e - I~~ "'. Work Phone .
Comments, concerns. soucsrlons:
~.~~
. -~
Signed ~ . II,.... . \/~ a
(L. M. ~
Date 11,100
;-..l !" VI ~
.
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.
May _,2000
Larry Reid
27780 Island View Rd.
Shorewood, MN 55331
Don Ponto
27755 Island View Rd.
Shorewood, MN 55331
Blaine Burdick
27785 Island View Rd.
Shorewood, MN 55331
David Polley
27635 Island View Rd.
Shorewood, MN 55331
Alice Di Felippe
27815 Island View Rd.
Shorewood, MN 55331
Norma Johnson
27665 Island View Rd.
Shorewood, MN 55331
Matthew L Cookson
27860 Island View Rd.
Shorewood, MN 55331
Gary Benson
27640 Island View Rd.
Shorewood, MN 55331
.
Kay Nelson
27695 Island View Rd.
Shorewood, MN 55331
Randy Morris
27725 Island View Rd.
Shorewood, MN 55331
Bill Mason
27680 Island View Rd.
Shorewood, MN 55331
Mary Ellen Abramson
27880 Island View Rd.
Shorewood, MN 55331
Dear Residents:
.
In response to your petition dated May 1, 2000, the undersigned, on behalf of the
City of Shorewood and the Excelsior Fire Department, hereby covenant and agree that the City
and the Fire Department will neither conduct nor permit the burning of the property located at
27820 Island View Road, which is the subject of the Agreement among the City, the Fire
Department and James Akin dated May 1,2000, without the City of Shorewood first holding a
public hearing to enable the neighboring residents to present their position and voice their
concerns, and then only if the City and the neighboring residents consent to such burning.
City of Shorewood
By:
Bradley Nielson
Its: Acting Administrator
May _,2000
Page 2
Excelsior Fire Department
By:
Gary Ringate
Its: Fire Chief
By:
Dana George
Its: Asst. Fire Chief
.
By:
Scott Anding
Its: Fire Marshall
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04129/2000
Dear Neighbors:
We have recently learned that there are plans to have a volunteer fire training
on Island View Road.
the Hegstron Home, at 27880 Island Vifffl RQad ~s pl,.lrQha~by j~m~$. Akin$.
on 4m12000. Mr, Akins plans to build a new home on 'this site and to accomplish
this he has scllcited the Excelsic$:Fire Oepar+.ment who has obtained permits to butn down
the house as a ''volunteer fire training" event. ACCOrding to Scott at the Excelsior
Fire Department, this activity will take place over a 5 ~ 6 week period, Thursdays and Saturdayti.
Starting date is yet to be determined.
Severa! residents have contacted the City of Shorewood, Brad Nielson, and stilted their objections.
Although Mi; Atkins did visit the neighborhood and askedseveraJ neighbors for signatures
the document did not convey the intended plan. Severa! re$idents. thought that their
signature was approval to meet and discuss the fire option not to sanction this activity.
Mr Nielson of tlote City of Shorewood recommended that I circulate a petition to evaluate
. nOw the residents of isiand ViewRQad trulY felt about a ftf&OnOuf rOad an~tne coosequenees,
of that fire (air pollution, ole.). There will be a City of SIlo.- CaullCll meetlnll. On 51812000
and Mr Nielson stated that our petition will be reviewed. He has also assured me that the
Exc&ISiOi Fire. department will be hOlding a meeting With the residents to-discuss their plans.
Please indicate your feelings and concerns below and return your signature to me:
Alice DiFiHppe, 2781lsland View Road, ShorewOod, MN 55331"
I am (please check one box belOW) to a "volunteer fire training" event on Island View Road
Signature
House #
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to
In Favor
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Need more
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04129/2000
Dear Neighbors:
, ~ .
We have recently learned that there are plans to have a volunteer fire training
on Island View Road.
The Heg~ron Home, I1lt ~7$sQ Isl~n(;LVifffl RQl1ld ~s pyrQhl1l~ed by Jl1lm~ Akln~
on 412912000. Mr, Akins plans to build a new heme en this site and to accomplish
this he has solicited t.."le Exce!S~ Fire Department who has obtained permits to bum down
the house as a ''volunteer fire training" event. According to Scott at the Excelsior
Fire Department, this activity will take place over a 5 ~ 6 week period, Thursdays and Saturday'S.
Starting date is yet to be determined.
Several residents have contacted the City of Shorewood, Brad Nielson, and stated their objections.
Although Mr. Atkins did visit the neighborhood and asked several neighbQrs for signatures
the document did not convey the intended plan. Several reioidents. t~it that their
signature was approval to meet and discuss the fire option not to sanction this activity.
Mr Nielson of t"le City of Shorewood recommended that I circulate a petition to evaluate
how the residents of iSland View ROadtTUiy felt ab6tit a fiie-006uf Tbad aoo-the COOSequences,
of that fire (air pollution, etc.). There will be a City 01 Shorewood Council meeting, on 5/812000
and Mr Nielson stated that our petition will be reviewed. He has also assured me that the
EA-ce:sior Fire. de.partment WiU be hOlding a- rneetlng w.th the residents to-discuss their plans.
.
Please indicate your feelings and concerns below and return your signature to me:
Alice DiFilippe, 27814 island View Road, Shcrewood, MN 55331
I am (please check one box below) to a "volunteer fire training" event on Island View Road
~~~~/~
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I would like to be put on the agenda for
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Thank you
· Duane Laurila
.
if-78
~
Check Approval List for 5/8/00 Council Meeting
Check # VelUler Name Descriptioll Check Date IlIvoice # Amollllt
27861 US POSTMASTER POSTAGE FOR MAY NEWSLETTER 4/25/00 $647.06
TOTAL FOR US POSTMASTER $647.06
27862 PERA PAYROLL DEDUCTIONS 4/27/00 $1,527.48
27862 PERA PAYROLL DEDUCTIONS 4/27/00 $1,665.74
TOTAL FOR PERA $3,193.22
27863 ICMA RETIREMENT TR DEFERRED COMP 4/27/00 $1,152.69
TOTAL FOR 1CMA RETIREMENT TRUST-457 $1,152.69
27864 CITY COUNTY CREDIT PAYROLL DEDUCTIONS 4/27/00 $576.00
TOTAL FOR CITY COUNTY CREDIT UNION $576.00
27865 MEDICA OVER-PYMT FEB PREM 4/27/00 ($225.53)
27865 MEDICA OVER-PYMT ON FEB PREM 4/27/00 ($591.97)
27865 MEDICA MAY HEALTH INS 4/27/00 10012210220 $300.70
27865 MEDICA MAY HEALTH INS 4/27/00 10012210220 $3.519.59
27865 MEDICA MAY HEALTH INS 4/27/00 10012210220 $300.71
27865 MEDICA MAY HEALTH INS 4/27/00 10012210220 $526.24
. 27865 MEDICA MAY HEALTH INS 4/27/00 10012212259 $591.97
27865 MEDICA MAY HEALTH INS 4/27/00 10012212545 $1,493.87
TOTAL FOR MEDICA $5,915.58
27866 AFSCME COUNCIL 14 UNION DENTAL-MAY 4/27/00 $295.44
TOTAL FOR AFSClllE COUNCIL 14 $295.44
27867 FORTIS BENEFITS INS MAY SHORT TERM DISABILITY 4/27/00 $6.00
27867 FORTIS BENEFITS INS MAY SHORT TERM DISABILITY 4/27/00 $63.00
27867 FORTIS BENEFITS INS MAY SHORT TERM DISABILITY 4/27/00 $6.00
27867 FORTIS BENEFITS INS MAY SHORT TERM DISABILITY 4/27/00 $6.00
TOTAL FOR FORTIS BENEFITS INS CO $81.00
27868 COORDINATED BUSIN MAINT CONTR 4/16/00 - 7/15/00 4/27/00 153970 $537.60
TOTAL FOR COORDINATED BlISINESS SYST $537.60
27869 HURM, JAMES CONTRACT EXP 4/27/00 $465.00
TOTAL FOR HURM, JAMES $465.00
27870 INSTY-PRINTS WINE-TASTING FLYERS 4/27/00 12481 $14.55
. 27870 INSTY-PRINTS WINE-TASTING FLYERS 4/27/00 12481 $14.56
27870 INSTY -PRINTS WINE-TASTING FLYERS 4/27/00 12481 $14.56
TOTAL FOR INSTY-PRINTS $43.67
27871 LEAGUE OF MN CITIES MAY NON-UNION DENTAL 4/27/00 $35.99
27871 LEAGUE OF MN CITIES MAY NON-UNION DENTAL 4/27/00 $35.99
27871 LEAGUE OF MN CITIES MAY NON-UNION DENTAL 4/27/00 $67.00
27871 LEAGUE OF MN CITIES MAY NON-UNION DENTAL 4/27/00 $425.00
TOTAL FOR LEAGUE OF MN CITIES $563.98
27872 LIGHTNING LEGAL CO COURIER PKG TO LARKIN 4/27/00 20191 $25.30
TOTAL FOR LIGHTNING LEGAL COURIER $25.30
27873 LUGOWSKI, JOSEPH OIL PUMP DISPENSER-PW 4/27/00 $200.00
TOTAL FOR LUGOWSKI, JOSEPH $200.00
27874 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 4/27/00 $173.51
TOTAL FOR MNCHILDSUPPORTPMTCTR $173.51
27875 MN NCPERS MAY GROUP LIFE 4/27/00 $24.00
TOTAL FOR ,l'IN NCPERS $24.00
27876 NIELSEN, BRADLEY SEC 125 REIMBURSEMENT 4/27/00 $454.65
TOTAL FOR NIELSEN, BRADLEY $454.65
Thursday. May 2000 Page I of 7
,
Check # Vender Name Description Check Date Invoice # Amount
27877 PAWS, CLAWS & HOOV APRIL BOARDINGIIMPOUNDS 4/27/00 $405.77
TOTAL FOR PAWS, CLAWS & HOOVES PET $405.77
27878 PAZANDAK. JOSEPH APRIL MILEAGE/SUPPLIES 4/27/00 $29.23
27878 PAZANDAK. JOSEPH APRIL MILEAGE/SUPPLIES 4/27/00 $98.57
TOTAL FOR PAZANDAK, JOSEPH $127.80
27879 SO LK MTKA POLICE D COURT O.T. 1ST QTR 2000 4/27/00 $423.88
TOTAL FOR SO LK MTKA POLICE DEPT $423.88
27880 TIETZ, JOHN C. ACCT#0305226800 - 22680 GALPIN L 4/27/00 $65.00
27880 TIETZ. JOHN C. ACCT #0305226800 - 22680 GALPIN 4/27/00 $4.50
27880 TIETZ, JOHN C. ACCT#0305226800 - 22680 GALPIN L 4/27/00 $3.75
TOTAL FOR TIETZ, JOHN C $73.25
27881 TONKA BAY-CITY OF TB MAY RENT 4/27/00 MAY 00 REN $1,175.00
TOTAL FOR TONKA BAY-CITYOF $1,175.00
27882 AT&T WIRELESS SERV CELL PHONE 4/27/00 2893733-040 $11.83
27882 AT&T WIRELESS SERV CELL PHONE 4/27/00 4160966-040 $11.54
27882 AT&T WIRELESS SERV CELL PHONE 4/27/00 4160966-040 $28.60
27882 AT&T WIRELESS SERV CELL PHONE 4/27/00 4160966-040 $81.28
TOTAL FOR AT&T WIRELESS SERVICES $133.25
. 27883 US POSTMASTER PSTG FOR METER READ CARDS 4/27/00 $192.78
TOTAL FOR US POSTMASTER $192.78
27884 NICCUM, LAWRENCE MISC SUPPLIES - PW 4/27/00 $28.71
27884 NICCUM, LAWRENCE MISC SUPPLIES - PW 4/27/00 $46.38
27884 NICCUM, LAWRENCE MISC SUPPLIES - PW 4/27/00 $1.16
TOTAL FOR NICCUlU, LAWRENCE $76.25
27885 ELKE, CATHERINE APR MILEAGE/SUPPLIES 4/27/00 $4.25
27885 ELKE, CATHERINE APR MILEAGE/SUPPLIES 4/27/00 $13.00
TOTAL FOR ELKE, CA THERINE $17.25
27886 DUAL SYSTEM CARPE CLEAN CARPETS LIQUOR #1 4/27/00 $270.00
TOTAL FOR DUAL SYSTEM CARPET CLEANING $270.00
27887 JOHNSON BROS L1QU REPAY DUPL CREDIT TAKEN 4/27/00 $68.42
TOTAL FOR JOHNSON BROS LIQUOR CO. $68.42
27888 MARK VII 4/27/00 21873-04 $2,769.95
. 27888 MARK VII 4/27/00 49163-04 $893.05
27888 MARK VII 4/27/00 49163-04 $21.95
TOTAL FOR MARK Vll $3,684.95
27889 QUALITY WINE & SPIRI 4/27/00 825807-00 $11.68
27889 QUALITY WINE & SPIRI 4/27/00 827761-00 $627.81
27889 QUALITY WINE & SPIRI 4/27/00 827761-00 $204.78
27889 QUALITY WINE & SPIRI 4/27/00 827762-00 $503.73
27889 QUALITY WINE & SPIRI 4/27/00 827762-00 $635.43
27889 QUALITY WINE & SPIRI 4/27/00 827763-00 $1,031.49
27889 QUALITY WINE & SPIRI 4/27/00 827763-00 $1,834.12
TOTAL FOR QUALITY WINE & SPIRITS CO $4,849.04
27890 WASTE MANAGEMENT APRIL GARBAGE SVC - TB LIQUOR 4/27/00 1593-000881 $42.07
TOTAL FOR WASTE MANAGEMENT $42.07
27891 US POSTMASTER pstg for meter reading cards 4/28/00 $192.78
TOTAL FOR US POSTMASTER $192.78
27892 BOYER TRUCK PARTS CLUTCH ASSEMBLY 5/3/00 141027 $210.02
TOTAL FOR BOYER TRUCK PARTS $210.02
27893 DAVIES WATER EQUIP CALIBRATE 02 SENSOR 5/3/00 3008964 $124.37
27893 DAVIES WATER EQUIP CALIBRATE 02 SENSOR 5/3/00 3008964 $124.38
Thursday. ;'rIay 04, 2000 Page 2 of7
Check # Vender Name Description Check Date Invoice # Amount
TOTAL FOR DAVIES WATER EQUIPMENT CO $248.75
27894 J.H. LARSON ELECTRI LIGHT TUBES/BALLASTS 5/3/00 4167734-01 $117.27
TOTAL FOR J.H. LARSON ELECTRICAL CO $117.27
27895 LONG LAKE POWER E CARB KIT 5/3/00 010433 $11.36
TOTAL FOR LONG LAKE POWER EQUIPMENT $11.36
27896 OFFICE DEPOT SUPPLIES 5/3100 095655413 $395.39
27896 OFFICE DEPOT SUPPLIES 5/3/00 095655413 $273.75
TOTAL FOR OFFICE DEPOT $669.14
27897 NORTHERN STATES P UTILITIES 5/3/00 $182.53
27897 NORTHERN STATES P UTILITIES 5/3100 $522.23
TOTAL FOR NORTHERN STATES POWER $704.76
27898 OWL ENGINEERING & CONSULTANT TIME 5/3/00 1161 $375.00
TOTAL FOR OWL ENGINEERING & EMC TEST LAB $375,00
27899 RAMSEY CTY DIST CO RECORD J PANCHYSHYN NOTARY 5/3/00 $25.00
TOTAL FOR RAMSEY CTY DIST COURT $25.00
27900 ROLEK. ALAN SEC 125 REIMBURSEMENT 5/3/00 $191.00
TOTAL FOR ROLEK, ALAN $191.00
. 27901 SENIOR COMMUNITY S APRIL CLEANING SVC 5/3/00 $170.62
27901 SENIOR COMMUNITY S APRIL CLEANING SVC 5/3/00 $253.57
TOTAL FOR SENIOR COMMUNITY SERHCES $424.19
27902 SIGNS OF THE SEASO EQUIPMENT INSIGNIAS 5/3/00 2033 $127.80
TOTAL FOR SIGNS OF THE SEASON $127,80
27903 SO L~ MTKA POLICE D JAN BOOKING FEES 5/3/00 $723.45
TOTAL FOR SO LK MTKA POLICE DEPT $723.45
27904 SOUTHWEST CONTRA boom lift rental 5/3/00 95799 $155.26
TOTAL FOR SOUTHWEST CONTRACTORS SUPPL Y $155,26
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3100 $20.55
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3100 $32.51
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $32.51
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $20.55
27905 SWANDBY, DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $20.54
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $11.34
. 27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $11.33
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $11.33
27905 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL PHONE 5/3/00 $32.51
TOTAL FOR SWANDBY, DONALD $193.17
27906 US WEST DEX ADS 5/3100 00656335300 $52.93
27906 US WEST DEX ADS 5/3/00 00656335300 $105.87
27906 US WEST DEX 5/3/00 00656335600 $120.70
TOTAL FOR US WESTDEX $279.50
27907 VICTORIA REPAIR AND supplies to mount new fenders 5/3/00 1853 $43.95
TOTAL FOR VICTORIA REPAIR AND MFG $43.95
27908 BELLBOY CORPORATI LIQUOR 5/3/00 18652000 $355.95
TOTAL FOR BELLBOY CORPORATION $355.95
27909 DAHLHEIMER DIST INC 5/3/00 64131/64541 $274.70
27909 DAHLHEIMER DIST INC 5/3100 64132/64542 $228.40
TOTAL FOR DAHLHEIMER D1ST INC $503.10
27910 DAY DISTRIBUTING 5/3100 91368/92154 $910.10
27910 DAY DISTRIBUTING 5/3/00 91849 $19.20
27910 DAY DISTRIBUTING 5/3/00 91849 $931.35
Thursday. May 04, 2000 Page 3 of7
Check # Vender Name Description Check Date Invoice # Amount
27910 DAY DISTRIBUTING 5/3/00 91850 $19.20
27910 DAY DISTRIBUTING 5/3/00 91850 $411.70
TOTAL FOR DAYDISTRIBUTlNG S2,291.55
27911 H & H INDUSTRIES, INC LIGHT BULBS FOR L1Q#2 5/3/00 192041 $187.35
TOTAL FOR H & H INDUSTRIES, INC S187.35
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7380/7413 $35.10
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7380/7413 $35.10
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7381/7399/74 $62.10
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7381/7399/74 $62.10
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7382/7415 $21.15
27912 MARLIN'S TRUCKING FREIGHT 5/3/00 7382/7415 $21.15
TOTAL FOR MARLlN'S TRUCKING S236.70
27913 QUALITY WINE & SPIRI 5/3/00 822657-00 $2.00
27913 QUALITY WINE & SPIRI 5/3/00 829840-00 $299.23
27913 QUALITY WINE & SPIRI 5/3/00 829840-00 $946.55
27913 QUALITY WINE & SPIRI 5/3/00 829993-00 $577.17
27913 QUALITY WINE & SPIRI 5/3/00 829993-00 $1,751.75
27913 QUALITY WINE & SPIRI 5/3/00 830014-00 $451.97
. 27913 QUALITY WINE & SPIRI 5/3/00 830014-00 $3,222.53
TOTAL FOR QUALlTY WINE & SPIRITS CO S7,251.20
27914 TOWLE REAL ESTATE MAY RENT 5/3/00 $4,891.44
TOTAL FOR TOWLE REAL ESTATE COMPAN'l S4,891.44
27915 ARMOR LOCK & ALAR REPROGRAM ALARM 5/9/00 37897 $45.00
TOTAL FOR ARMOR LOCK & ALARM SITS $45.00
27916 BIFFS, INC. 5/9/00 w90584-590 $508.22
TOTAL FOR BIFFS,INC S508.22
27917 EULL'S MANUFACTURI manhole rings 5/9/00 21651 $316.31
TOTAL FOR EULL'S MANUFACTURING INC $316.31
27918 DOCUMENT RESOURC METER READING NOTICE CARDS 5/9/00 94685 $246.71
TOTAL FOR DOCUMENT RESOURCES S246.71
27919 HENNEPIN COUNTY TR PRISONER ROOM/BOARD MAR 200 5/9/00 002688 $2,909.72
TOTAL FOR HENNEPIN COUNTY TREASURER S2,909.72
27920 HENN CTY TREASURE PROP TAX - PID 32-117-23-34-0031 5/9/00 $1,482.00
. TOTAL FOR HENN CTY TREASURER SI,482.00
27921 INTELLIGENT PRODUC MUTT MITTS 5/9/00 C2313 $181.53
TOTAL FOR INTELLlGENT PRODUCTS INC S181.53
27922 KLEER-FLO IND INC PARTS WASHER FILTERS 5/9/00 170868 $53.49
TOTAL FOR KLEER-FLO IND INC S53.49
27923 LARKIN, HOFFMAN, DA LEGAL - GENERAL MATTERS 5/9/00 352755 $1,780.99
27923 LARKIN, HOFFMAN, DA AUDIT RESPONSE 5/9/00 352756 $443.70
27923 LARKIN, HOFFMAN, DA AT&T 5/9/00 352757 $287.50
27923 LARKIN, HOFFMAN, DA US WEST 5/9/00 352757 $87.50
27923 LARKIN, HOFFMAN, DA US FIDELITY V GEH CONST&HEND 5/9/00 352759 $1,473.70
27923 LARKIN, HOFFMAN, DA RON JOHNSON - POST JUDGEMEN 5/9/00 352760 $295.30
27923 LARKIN, HOFFMAN, DA CITY & GIDEONS V ELLERS OUTDO 5/9/00 352761 $22.00
27923 LARKIN, HOFFMAN, DA CONVERSION TO WARD SYSTEM 5/9/00 352762 $223.00
27923 LARKIN, HOFFMAN, DA S GYSLAND HAZ BLDG 4812-4814 F 5/9/00 352763 $212.50
27923 LARKIN, HOFFMAN, DA R JOHNSON - REMOVAL FR CONCIL 5/9/00 352764 $47.11
27923 LARKIN, HOFFMAN, DA EXC FIRE DIST JOINT POWERS AG 5/9/00 352765 $37.50
TOTAL FOR LARKIN, HOFFMAN, DALL. S4,910.80
27924 MTI DISTRIBUTING CO IRRIGATION PARTS 5/9/00 10129-00 5380.42
Thursday. May 04. 2000 Page 4 of7
Check # Vender Name Description Check Date Invoice # Amount
TOTAL FOR MTI DISTRIBUTING COMPANY $380.42
27925 MINNCOMM PAGING MAY PAGING SVC 519/00 52006805007 $8.63
TOTAL FOR MINNCOMllJ PAGING $8.63
27926 MN SUN PUBLICATION CITY PROJECT #99-22 5/9/00 314916 $71.50
27926 MN SUN PUBLICATION BIT TRAIL IMPROVEMENTS 5/9/00 314921 $78.65
27926 MN SUN PUBLICATION CUP - FAYFIELD 5/9100 315030 $46.47
27926 MN SUN PUBLICATION STREET SEAL COATING BIDS 5/9/00 315031 $78.65
27926 MN SUN PUBLICATION NOTICE CONSTRUCT SKATE PARK 5/9100 315032 $42.90
27926 MN SUN PUBLICATION ORDINANCE 362 5/9100 315348 $35.75
TOTAL FOR MN SUN PUBLICATIONS $353.92
27927 MINNEGASCO GAS SERVICE 5/9/00 $120.48
27927 MINNEGASCO GAS SERVICE 5/9100 $28.29
27927 MINNEGASCO GAS SERVICE 5/9/00 $128.74
27927 MINNEGASCO GAS SERVICE 5/9/00 $118.83
27927 MINNEGASCO GAS SERVICE 5/9/00 $78.68
27927 MINNEGASCO GAS SERVICE 519/00 $56.88
27927 MINNEGASCO GAS SERVICE 5/9100 $53.08
27927 MINNEGASCO GAS SERVICE 5/9100 $31.03
. 27927 MINNEGASCO GAS SERVICE 519100 $153.30
TOTAL FOR MINNEGASCO $769.31
27928 NORTHERN TOOL & EQ NEW MOWER 5/9/00 82224811 $392.99
TOTAL FOR NORTHERN TOOL & EQUIP CO $392.99
27929 NORTHERN STATES P UTILITIES 5/9/00 $22.10
27929 NORTHERN STATES P 5/9/00 $60.78
27929 NORTHERN STATES P 5/9/00 $85.11
27929 NORTHERN STATES P TRAFFIC SIGNALS 5/9100 $152.90
27929 NORTHERN STATES P UTILITIES 5/9/00 $22.10
TOTAL FOR NORTHERNSTATES POWER $342.99
27930 PITNEY-BOWES INC. PSTG METER RENT - 5/16 - 8/15/00 5/9/00 570290 $232.19
TOTAL FOR PITNEY-BOWES INe. $232.19
27931 POTTS, KENNETH N. APRIL SERVICE 5/9/00 $1.608.33
27931 POTTS, KENNETH N. MARCH SERVICE 519100 $1,608.33
TOTAL FOR POTTS, KENNETH N. $3,216.66
. 27932 RIDGEVIEW BUSINESS JOB PHYSICAL - P. FASCHING 5/9/00 $74.00
TOTAL FOR RIDGE VIEW BUSINESS HEALTH $74.00
27933 VIKING LAND TREE CA BRUSH REMOVAL 5/9/00 1777 $250.00
TOTAL FOR VIKING LAND TREE CARE IlVC $250.00
27934 SO LK MTKA POLICE 0 COPS FAST -KELLER FINAL BILLlN 5/9/00 $11,162.85
TOTAL FOR SO LK MTKA POLICE DEPT $11,162.85
27935 US WEST PHONE 5/9/00 $45.66
27935 US WEST PHONE 5/9100 $85.41
27935 US WEST PHONE 5/9100 $45.66
TOTAL FOR US WEST $/76.73
27936 WSB AND ASSOCIATE WATER RESOURCE MGMT PLAN 5/9/00 01074-080-2 $1,162.50
27936 WSB AND ASSOCIATE SR CTR DRAINAGE PROBLEM 519100 01074-250-1 $701.00
27936 WSB AND ASSOCIATE GIS BASE MAP REVISIONS/ENHAN 5/9/00 01074-260-1 $135.00
27936 WSB AND ASSOCIATE OLD MKT RD RETAINING WALL 5/9/00 01074-340-1 $437.90
27936 WSB AND ASSOCIATE FREEMAN PK SHELTER 5/9100 01074-370-1 $1,268.60
27936 WSB AND ASSOCIATE SHADY ISLAND BRIDGE INV 5/9/00 01074-400-0 $768.00
27936 WSB AND ASSOCIATE NSP WATER SVC CRSG OF CSAH 1 5/9/00 01074-450-0 $648.15
27936 WSB AND ASSOCIATE WOOD HAVEN WELL REHAB 519100 01074-490-0 $363.00
27936 WSB AND ASSOCIATE 21175 MTKA BLVD SUBDIVISION RE 5/9/00 01074-541-0 $54.00
Thursday, l'l'lay 04. 2000 Page 50f7
Check # Vender Name Description Check Date Invoice # Amount
27936 WSB AND ASSOCIATE TH 7 ACCESS CLOSURE CONST SV 5/9/00 01121-010-0 $324.00
27936 WSB AND ASSOCIATE TH 7 & TH 41 LAYOUT REVISIONS 5/9/00 01122-100-1 $4,495.00
27936 WSB AND ASSOCIATE NOBLE RD CONSTR SVCS 5/9/00 01151-004-0 $983.00
27936 WSB AND ASSOCIATE SHADY ISLAND LIFT STATION 5/9/00 01162-004-0 $688.00
27936 WSB AND ASSOCIATE 2000 WATER/UTILITY IMPROVE 5/9/00 01169-100-0 $1,999.50
27936 WSB AND ASSOCIATE 1999 SHOREWOOD TR IMPROV 5/9/00 01190-000-0 $1,561.50
TOTAL FOR WSB AND ASSOCIATES $15,589.15
27937 AIRTOUCH CELLULAR CELL PH - PROT INSP 5/9/00 $92.80
TOTAL FOR AIRTOUCH CELLULAR $92.80
27938 BELLBOY CORPORA TI 5/9/00 18662100 $134.50
27938 BELLBOY CORPORATI WINE 5/9/00 18662200 $200.55
27938 BELLBOY CORPORATI 5/9/00 18698900 $199.70
27938 BELLBOY CORPORATI LIQUOR 5/9/00 18699000 $217.70
27938 BELLBOY CORPORATI 5/9/00 18718400 $93.25
27938 BELLBOY CORPORATI 5/9/00 18753600 $156.75
27938 BELLBOY CORPORATI 5/9/00 18753700 $328.00
TOTAL FOR BELLBOY CORPORATION $1,330.45
27939 BELLBOY BAR SUPPLY LIQUOR 5/9/00 31623000 $31.55
. 27939 BELLBOY BAR SUPPLY NON RESELL 5/9/00 31685100 $30.68
TOTAL FOR BELLBOY BAR SUPPLY $62.23
27940 GRAPE BEGINNINGS. I WINE 5/9/00 30601 $399.00
TOTAL FOR GRAPE BEGINNINGS, INC $399.00
27941 GTE DIRECTORIES ADS 5/9/00 $16.55
27941 GTE DIRECTORIES ADS 5/9/00 $16.55
27941 GTE DIRECTORIES ADS 5/9/00 $60.40
TOTAL FOR GTE DIRECTORIES $93.50
27943 GRIGGS. COOPER & C LIQUOR 5/9/00 202538 $682.50
27943 GRIGGS, COOPER & C L1QUOR/MISC 5/9/00 202540 $26.99
27943 GRIGGS. COOPER & C L1QUOR/MISC 5/9/00 202540 $1.279.06
27943 GRIGGS, COOPER & C LIQUOR 5/9/00 202549 $907.19
27943 GRIGGS. COOPER & C WINE 5/9/00 202815 $329.76
27943 GRIGGS. COOPER & C WINE 5/9/00 202818 $161.92
27943 GRIGGS. COOPER & C WINE 5/9/00 202822 $123.48
27943 GRIGGS, COOPER & C LIQUOR 5/9/00 203287 $986.08
. 27943 GRIGGS. COOPER & C 5/9/00 205975 $157.19
27943 GRIGGS. COOPER & C 5/9/00 205976 $929.95
27943 GRIGGS. COOPER & C 5/9/00 205977 $186.41
27943 GRIGGS. COOPER & C 5/9/00 205979 $44.85
27943 GRIGGS. COOPER & C 5/9/00 205980 $460.00
27943 GRIGGS. COOPER & C 5/9/00 205981 $470.25
27943 GRIGGS. COOPER & C 5/9/00 205994 $148.37
27943 GRIGGS. COOPER & C 5/9/00 205995 $368.82
27943 GRIGGS. COOPER & C 5/9/00 205996 $265.15
27943 GRIGGS. COOPER & C 5/9/00 534952 ($22.50)
27943 GRIGGS. COOPER& C 5/9/00 534953 ($12.00)
27943 GRIGGS, COOPER & C 5/9/00 534954 ($6.00)
27943 GRIGGS. COOPER & C 5/9/00 535035 ($32.70)
27943 GRIGGS, COOPER & C 5/9/00 535336 ($8.56)
TOTAL FOR GRIGGS, COOPER & COltlPANY $7,446.21
27944 JOHNSON BROS L1QU WINE 5/9/00 1101526 $182.00
27944 JOHNSON BROS L1QU WINE/LIQUOR 5/9/00 1102366 $340.69
27944 JOHNSON BROS L1QU WINE/LIQUOR 5/9/00 1102366 $897.72
27944 JOHNSON BROS L1QU WINEILlQUOR 5/9100 1102367 $568.28
Thursday. May 04. 2000 Page 6 of7
Check # Vellller Name Description Check Date Invoice # Amount
27944 JOHNSON BROS L1QU WINE/LIQUOR 5/9/00 1102367 $695.60
27944 JOHNSON BROS L1QU WINE/LIQUOR 5/9/00 1102368 $461.34
27944 JOHNSON BROS L1QU WINE/LIQUOR 5/9/00 1102368 $535.35
27944 JOHNSON BROS L1QU 5/9/00 1105199 $90.49
27944 JOHNSON BROS L1QU 5/9/00 1105199 $208.13
27944 JOHNSON BROS L1QU 5/9/00 1105200 $688.85
27944 JOHNSON BROS L1QU 5/9/00 1105201 $332.75
27944 JOHNSON BROS L1QU 5/9/00 1105201 $104.25
TOTAL FOR JOHNSON BROS LIQUOR CO. $5,105.45
27945 LAKE REGION VENDIN CIGS 5/9/00 8184 $285.70
27945 LAKE REGION VENDIN CIGS 5/9/00 8185 $199.99
27945 LAKE REGION VENDIN CIGS 5/9/00 8186 $542.83
27945 LAKE REGION VENDIN CIGS 5/9/00 8207 $314.27
27945 LAKE REGION VEND IN CIGS 5/9/00 8208 $171.42
TOTAL FOR LAKE REGION VENDING $1,514.21
27946 MN CROWN DISTRIBUT 5/9/00 8137 $168.00
27946 MN CROWN DISTRIBUT 5/9/00 8138 $282.00
27946 MN CROWN DISTRIBUT 5/9/00 8139 $695.00
TOTAL FOR MN CROWN DISTRIBUTING INC $1,145.00
. 27947 PHILLIPS WINE & SPIRI 5/9/00 3210207 ($3.55)
27947 PHILLIPS WINE & SPIRI 519/00 3213470 ($4.58)
27947 PHILLIPS WINE & SPIRI WINE 5/9/00 597450 $328.00
27947 PHILLIPS WINE & SPIRI WINE 5/9/00 597451 $594.50
27947 PHILLIPS WINE & SPIRI WINE 5/9/00 597452 $82.00
27947 PHILLIPS WINE & SPIRI 5/9/00 599754 $560.90
27947 PHILLIPS WINE & SPIRI 5/9/00 599754 $33.00
27947 PHILLIPS WINE & SPIRI 5/9/00 599754 $447.50
27947 PHILLIPS WINE & SPIRI 5/9/00 599755 $2,566.15
27947 PHILLIPS WINE & SPIRI 5/9/00 599755 $31.00
27947 PHILLIPS WINE & SPIRI 5/9/00 599755 $273.60
27947 PHILLIPS WINE & SPIRI 5/9/00 599756 $189.18
TOTAL FOR PHILLIPS WINE & SPIRITS $5,097.70
27948 WINE MERCHANTS WINE 5/9/00 28094 $763.57
27948 WINE MERCHANTS 5/9/00 28364 $215.00
. 27948 WINE MERCHANTS 5/9/00 28365 $645.00
27948 WINE MERCHANTS 519/00 28366 $215.00
TOTAL FOR WINE lUERCHANTS $1,838.57
TOTAL CHECKS $114,026.84
Thursday. May 04, 2000
Page 70f7
~ .
Payroll Register
Check # Last Name First Name MI Check Amt Check Date
215459 BASTYR CONNIE D 674.28 4/25/00
215460 BROWN LAWRENCE A 1,707.63 4/25/00
215461 BUHL SUSAN E 159.43 4/25/00
215462 CARIGNAJ'I DEANN M 57.26 4/25/00
215463 DA VIS CHARLES S 962.48 4/25/00
2 I 5464 DUFFY DA VID C 187.20 4/25/00
215465 EHRKE DANIEL D 162.37 4/25/00
215466 EISCHENS JAMES E 376.45 4/25/00
215467 ELKE CATHERINE M 683.94 4/25/00
215468 FASCHING PATRICIA L 736.58 4/25/00
215469 GARFUNKEL JOHN J 184.70 4/25/00
215470 GROUT TWILA R 815.19 4/25/00
215471 GUSTAFSON DAVID W 227.81 4/25/00
. 2 I 5472 HELLING PAMELA J 629.89 4/25/00
215473 HIRSCH DANA M 114.51 4/25/00
215474 JOHNSON DENNIS D 997.04 4/25/00
215475 KALLEST AD STEPHEN N 854.38 4/25/00
215476 KARELS PAUL C 157.89 4/25/00
215477 LATTERNER SUSAN M 303.22 4/25/00
215478 LEDWITH JAMES R 78.72 4/25/00
215479 LIZEE CHRISTINE G 184.70 4/25/00
215480 LOVE CLIFFORD W 220.07 4/25/00
215481 LUGOWSKI JOSEPH P 962.95 4/25/00
215482 MALUCHNIK KRIS A 338.85 4/25/00
215483 MARRON RUSSELL R 40.10 4/25/00
215484 MASON BRADLEY J 974.53 4/25/00
. 215485 MITL YNG SARA J 60.84 4/25/00
215486 NICCUM LAWRENCE A 1,216.24 4/25/00
215487 NIELSEN BRADLEY J 959.22 4/25/00
215488 P ANCHYSHY JEAN M 1,089.38 4/25/00
215489 P AZANDAK JOSEPH E 1,269.25 4/25/00
215490 POUNDER CHRISTOPHER J 1,013.41 4/25/00
215491 RANDALL DANIEL J 988.32 4/25/00
215492 ROLEK ALAN J 809.76 4/25/00
215493 SCHMID CHRISTOPHER E 496.61 4/25/00
215494 SCHNEEWIN JACQUELYN K 871.29 4/25/00
215495 STALBERGE PATRICIA A 191.29 4/25/00
215496 STOVER KRISTI 184.70 4/25/00
215497 SW ANDBY DONALD R 995.84 4/25/00
215498 ZERBY MICHAEL S 184.70 4/25/00
Total of Checks $23,123.02
Thursday, April 27, 2000 Page 1 of 1
,,, 1J;:
~
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 8, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Mayor Love _
Stover
Garfunkel
Lizee
Zerby _
C. Invitation to Council from Tad Shaw, Minnetonka Community Education and
Services (MCES) representative
2. APPROVAL OF MINUTES
A. City Council Reconvened Board of Review Meeting Minutes April 24, 2000
(Att.-#2A Minutes)
B. City Council Executive Session Meeting Minutes April 24, 2000 (Att.-#2B
Minutes)
C. City Council Regular Meeting Minutes April 24, 2000 (Att.-#2C)
D. City Council Work Session Meeting Minutes April 24, 2000 (Att.-#2D)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
NOTE: Give the public an opportunity to request an item be removedfrom the
Consent Agenda. Comments can be taken or questions asked following
removal from Consent Agenda.
A. A Motion to Adopt a Resolution Approving a Tree Trimmers License-
Applicant: Gammon Tree Service (Att.-#3A Proposed Resolution)
1,", ''-
I;it.
CITY COUNCIL AGENDA - MAY 8, 2000
Page 2 of3
B. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to
Enter into a Municipal Recycling Grant Agreement with Hennepin County (Att.-
#3B Proposed Resolution, Agreement)
C. A Motion Approving a Party Registration and Permit Request for a Birthday Party
on May 12,2000 from 7:00 - 12:00 p.m. (Att.-#3C Permit)
Applicant: Laura Nelson
Location: 6150 Deer Ridge
D. A Motion Approving a Parking Request from the Southshore Senior Community
Center (Att.-#3D Letter of Request)
E. A Motion Accepting Draft Comprehensive Water Resource Management Plan
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS - Report by Representative
A. Report on Park Commission Work Session Meeting Held April 29, 2000 (Att.-
#5A Draft Minutes)
6. PLANNING - Report by Representative
A. A Motion to Adopt a Resolution Approving a Conditional Use Permit (Att.-#6A
Proposed Resolution)
Applicant: U.S. West
Location: 19395 State Highway 7
B. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination
(Att.-#6B Planner's Memorandum; Proposed Resolution)
Applicant: Tom Wartman
Location: 28110/28120 Boulder Bridge Drive
7. GENERAL
A. Discuss Petition from Island View Road Residents Regarding Proposed House
Burning (Att.-#7 A Resident Petition)
B. Discuss Stable Permit Fees (Att.-#7B Letter from Duane Laurilla)
'" '"', ~~
..
CITY COUNCIL AGENDA - MAY 8, 2000
Page 3 of3
8. ENGINEERlNGlPUBLIC WORKS
9. REPORTS:
A. Administrator & Staff
1. Gideon Glen
2. Skate Park
3. Freeman Park Multipurpose Building
4. Freeman Park south entrance
B. Mayor & City Council
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#lO)