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091399 CC Reg AgP ^-- ....;, J< r .....-t CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 13, 1999 5755 COUNTRY CLUB :(tOAD COUNCIL CHAMBERS 7:00 P.M. The City Council will convene in Executive Session at 6: 15 p.m. to discuss the proposed agreement from AFSCME. Immediately following the regular portion of the meeting, the Council will convene in Executive Session to discuss personnel matters. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Stover _ Garfunkel_ Lizee _ Zerby - 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes August 23, 1999 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes August 23. 1999 (Att.-#2B Minutes) C. City Council Special Meeting Minutes August 30, 1999 (Att...:fI:2C Minutes) D. City Council Work Session Meeting Minutes August 30, 1999 (Att.-#2D Minutes) E. City Council Executive Session Meeting Minutes September I, 1999 (Att...f#2E Minutes) ~- 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Installation ofPCS Antennas (Att.-#3A Proposed Resolution) Applicant: APT Minneapolis, Inc. (Aerial Communication) Location: 26352 Smithtown Rd (Water Tower at Minnewashta School) ,...~... . CITY COUNCIL AGENDA.- SEPTEMBER 13, 1999 PAGE20F4 B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Multi- Purpose Building at Freeman Park (Att.-#3B Proposed Resolution) Applicant: City of Shorewood Location: 25800 Highway 7 C. A Motion to Adopt. a Resolution Approving a Conditional Use Permit for Accessory Building (Att.-# 3C Proposed Resolution) Applicant: Excelsior Covenant Church Location: 19955 Excelsior Blvd D. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Setback Variance for a Substandard Shoreland District Lot (Att.-# 3D Proposed Resolution) Applicant: Patrick & Victoria McConnell Location: 4300 Enchanted Drive E. A Motion to Adopt a Resolution Approving a Temporary GambIingLicense for Friends of the Southshore Center (Att.-#3E Proposed Resolution) F. A Motion to Adopt a Resolution Authorizing the Transfer of Funds (Att.-#3F Proposed Resolution) NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be fllken or questions askedfollowing removal from Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) s. PARKS - Report by Representative A. Report on Park Commission Meeting aeld August 24,1999 (Att.-#5A Draft Minutes) B. Acceptance of Resignation From Commissioner Colopoulos and Consideration of Procedure to Fill Position (Att.-#5B Letter of Resignation) 6. PLANNING - Report by Representative A. Public Hearing 7:15 p.m. - Consideration ofa Motion to Adopt a Resolution Regarding a Request to Vacate Certain Easements for Sanitary Sewer, Underground Utility and Roadway Purposes for Christmas Shores Plat (Att.-#6A Planner's Memorandum & Proposed Resolution) B. Report on Comprehensive Plan Open House and Announce Public Hearing .. It' . CITY COUNCIL AGENDA - SEPTEMBER 13, 1999 PAGE30F4 C. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shore wood Zoning Ordinance (Att.-#6C Draft Ordinance) D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Space Over 1,200 Square Feet (Att.-#6D Planner's Memorandum) Applicant: William Dickson Location: 26245 Birch Bluff Road 7. GENERAL A. Consideration of a Motion to Adopt a Resolution Approving the 2000 Preliminary Budget and Proposed 1999 Property Tax Levy (Att.-#7A Proposed Resolution) B. Consideration of a Motion to Adopt a Resolution Establishing a Date and Time For the Truth In Taxation Public Hearing (Att.-#9 Proposed Resolution) C. Consideration of a Motion to Establish a Tax Rate Hearing D. 8:00 p.m. - Discussion With Police Chief Bryan Litsey About 1998-1999 Snowmobile Season (Att.-#7D Report) E. Consideration of a Motion Authorizing Submittal of a 1999-2000 Winter Trail Activities Permit (Att.-#7E 1999-2000 Winter Use Permit) F. Consideration of a Motion to Adopt a Resolution Regarding Participation in the Metropolitan Council's Livable Communities Act (Att.-#7F Proposed Resolution) G. Consideration of Motion Regarding Rule B Funds (Att.-#7G Draft Letter & Notes From Meeting) H. Consideration Of An Ordinance Amending Chapter 302 - Sale Of Tobacco & 1301 Establishing Fees I Resolution Authorizing Summary Ordinance Publication (Att.-#7H Proposed Ordinance & Draft Resolution) 8. ENGINEERlNGIPUBLIC WORKS A. Consideration of a Motion to Adopt a Resolution Authorizing Execution of a Cooperative Agreement with MNlDot for TH 7 Access Closures (Att.-#8A Proposed Resolution) B. Consideration of a Motion Accepting Bids and Awarding Contract... Project No. 9804, TH 7 Access Closures (Att.-#8BProposed Resolution) , .~-# CITY COUNCIL AGENDA. SEPTEMBER 13, 1999 PAGE40F4 C. Consideration of a Motion Accepting Bids and AWarding Contract _ Project No. 9910, 1999 Overlay Projects (Att.-#8C PrOPOSed Resolution) 9. REPORTS A. Administrator & Staff: 1. Attorney's Report on Gysland,Property, 4812 FemcroftDr ii. Discussion of the Status ofa Watermain Route Through Freeman Park or Eureka Road B. Mayor & City Council Report on Fire Department.Review Committee Meeting Held August 31, 1999 10. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#10) -- " SHOREWOOD A Private Yacht Club With Complete \larine Services A fe~~~.T.~d 8..,.;,.tin.') t~;,~'i1.-..-n,m.':It.t f:J.....u :~...:.a l:~....L..... -C'~i""~ '!~TE':~l=- :i~' :.-. ' ir=; '-:-r :/ If ~ Li !,.. /;' . /; '-'j --' 8y "- ~ ....--.~--.-==~~.. YACHT CLUB August 20, 1999 Mr. Mayor, City Council Members, City Staff City of Shorewood This letter is written confirmation of our discussion at the Council Meeting of August 9, 1999. We have two points that were made that evening: 1.) The need for an adequately sized storage building; 2.) Re-consideration of the 50' lake setbackfor parking. 1. We assume that the new Ordinance envisions boat repairs being handled in the storage building. The advantages are: 1.) Repairs are now done on water or land. 2.) Employees will be protected from the weather. 3.) The process will be secluded and contained. 4.) The work itself will be protected. 5.) Noise will be confined. 6.) Employees will have a year-round job. _ 7.) Equipment/supplies located in one area.. . inside. In todays' financial climate, there is no economic return for a building used just for storage. Therefore, it is unlikely that Lender financing would be available for such a building. The main structure, according to the Ordinance, could be as high as 35 feet. Sailboats have keels that take greater vertical height vs. powerboats. A building height of20 feet vs.15 feet would not seem inappropriate versus a main building of35 feet. This accommodation permits work access into the boats. A building is still subject to approval during the Conditional Use Permit process. This behooves the petitioner to come forth with a plan that is architecturally pleasing. Shorewood Yacht Club 600 WEST LAKE STREET. SHOREWOOD . MINNESOTA 33331 phone: 612-474.0600 fax: 612-474.9755 Mr. Mayor, City Council & Staff August 20, 1999 Page Two 2. The second point is that a Marina or Yacht Club should enhance their facility with landscaping.. . and we do. The 50 foot setback from the lakeshore makes owner access to their boats inconvenient. Not to mention the discrimination that could be perceived by those members who are senior citizens or physically impaired, but not legally handicapped. We can think of no other facility on Lake Minnetonka where parking is not conveniently adjacent to dockage. If the aforementioned setback prevails, could a pre- existing facility be "Grandfathered" under are-application? Judy and I believe that the Shorewood Yacht Club is an enhancement to our Community. Further, the residents of our fine City benefit greatly from the many amenities available at 600 West Lake Street. We therefore hope you will be able to view the property and amenities during the boating season. Weare anxious to submit an application to the City of Shorewood, Planning Commission and Council upon the approval of the zoning ordinance. It will be advantageous for all involved parties to conduct this process during the boating season. It is our hope that the ordinance be passed at your next meeting. Thank you for your kind attention and consideration on our behalf. Very truly yours, -?~ ~"Y ~ John H. & Judy L. Cross Minnetonka Moorings, Inc. dba Shorewood Yacht Club JJ/jal . . i~il~.:~ij\y,ll~rni I ':1 0~;~ 131999 10. . " U I SOUTH LAKE MINNETONKA PUBLIC SAFETY DEP;\RfMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331-1931 Bryan T. Litsey Chief of Pol ice Office (612) 474-3261 Fax (612) 474-4477 NOTICE CONCERNING THE RETAIL SALE OF TOBACCO Sergeant Mark Erickson September 10, 1999 = There have been ongoing concerns expressed in the community about individuals under the age of 18 being able to purchase tobacco at retail establishments. This is a petty misdemeanor for the juvenile Purchasing the tobacco and a gross misdemeanor for the employee making the sale. Your cooperation is essential in Properly training your employees so they abide by the law in terms of checking for proper identification and not sell tobacco to anyone under the age of 18. Our police department will be making spot checks of businesses in the community to make sure employees are acting in compliance with the law. Attached to this notice are copies of Minnesota Statute 609.685 _ Sale of Tobacco to Children and Minnesota Statute 340A.503, Snbd. 6 _ Valid Proof of Age. Please make sure all employees engaged in tobacco sales understand and follow these laws. Auy questiollS can be dire.ct~d to Sergeant Mark Erickson at 474-3261. 711 . I DATE DAY TIME toeA TION i DESCRIPTION 12/21/1998 Monday 9:07 AM. 5645 Eureka Road I General complaint 01/0211999 Saturday 12:47 P.M. 6065 Cathcart Road I Driving down center of road 01/04/1999 Monday 6:31 P.M. LRT Trail - Eureka & Smithtown Roa ds Speeding on Private property 01/09/1999 Saturday 9:37 P.M. 5555 Eureka Road Driving on private property 01/09/1999 Saturday 11 :52 P.M. LRT Trail - 26395 Strawberry Lane I Curfew complaint I 01/10/1999 Sunday 2:16 AM. LRT Trail- 5480 Teal Circle Curfew complaint 01/11/1999 Monday 12:18 AM. LRT Trail - 5480 Teal Circle I Curfew complaint 01/11/1999 Monday 12:18 AM. LRT Trail - Wedgewood.Drive I Curfew complaint 01/11/1999 Monday 10:20 P.M. LRT Trail - 5480 Teal Circle I Curfew complaint 01/13/1999 Wednesday 1 :27 AM. LRT Trail - West of County Road 19 I Curfew complaint 01/13/1999 Wednesday 10:57 P.M. LRT Trail by 26395 Peach Circle Curfew complaint 01/13/1999 Wednesday 10:58 P.M. LRT Trail by Eureka Road Curfew complaint 01/14/1999 Thursday 10:20 AM. 25620 Smithtown Road Driving on private property 01/15/1999 Friday 4:25 P.M. LRT Trail - Smithtown Road Almost hit by snowmobile 01/16/1999 Saturday 12:41 P.M. 5645 Eureka Road I Driving on private property 01/16/1999 Saturday 12:58 P.M. Freeman Park Driving in Park 01/22/1999 Friday 12:58 P.M. LRT Trail -5520 Wedgewood Drive Speeding complaint 01/23/1999 Saturday 12:01 AM. LRT Trail- 5480 Teal Circle Curfew complaint 01/23/1999 Saturday 12:05 AM. 5480 Teal Circle Question about enforcement 01/25/1999 Monday 9:16P.M. LRT Trail- Teal Circle Speeding complaint 03/08/1999 Monday 9:45 P.M. LRT Trail - 5595 Eureka Road I Numerous snowmobiles on trail 03/09/1999 Tuesday 12:35 P.M. Eureka Way & Smithtown Road, Riding off the LRT Trail 03/09/1999 Tuesday 3:17 P.M. 25000 Smithtown Road Not stopping for stop $igns 03/09/1999 Tuesday 5:15 P.M. LRT Trail - Smithtown Road Speeding complaint 03/09/1999 Tuesday 9:37 P.M. LRT Trail - 5480 Teal CircJe Speeding complaint 03/11/1999 Thursday 10:42 P.M. LRT Trail - Teal Circle I Curfew-speed complaints , I I i i SOUTH LAKE MINNETONKA PUB L1C SA F E~.. DEPARTMENT 1998 -1999 SNOWMOBILE SE SON CITIZEN COMPLAINTS IN SHOR WOOD Prepared by: Chief Bryan Litsey I 10 5 7 4 26 LRT Curfew Complaints Private Property/Park Complaints Driving Complaints Other Complaints & Inquiries Total 1D ,- SALE OF TOBACCO TO CHilDREN MINNESOTA STATUTE 609.685 SALE OF TOBACCO TO CHILDREN. Subdivision ]. Definitions. For t~e purposes of this section, the following terms shall have the meanings respectively ascribed 10 them in this section. (a) wTobacco" means cigarel1es; dgars; cheroots; stogies; perique; granulaled, plug cut, crimp cut, ready rubbed, and olher smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shoTts; refuse scraps, cJip- pings, cUl1ings and s""eepings of tobacco; and other kinds and forms of tobacco, pre- pared in such manner as to b.e suitable for che\lo.ing or smoking in a pipe or other tobacco-relaled devices. (b) -Tobacco related devices" m~ans cigarel1e papers or pipes for smoking. Subd. 1 a. Gross misdemeanor. (a)!Whoever sells tobacco to a person under the age of] 8 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to ~ charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendapt reasonably and in good faith relied on proof of age as describtd in section 340A.503, subdivision 6. Subd. 2. 1\1isdemeanor. Whoever furnishes tobacco or tobacco-related devices 10 a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Pert)' misdemeanor. \\1Joever possesses, smokes, chews, or otheT""ise ingests, purchases, or allempts to purchase 10bacco or tobacco related devices and is under the age of ] 8 years is guilty of a' pelty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices whiile under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. Subd. 4. Effect on local ordinances!. Nothing in subdivisions 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subjeC't maller in subdivisions 1 to 3. Subd. 5. Exception. Notwilhstanding subdivision 2, an Indian may furnish tobacco to an Indian under the ae.e of 18 \'ears if the tobacco is furnished as part of a traditional Indian spirilual or cullural cer~mony. For purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined in section 257.35), su bdivision 9. History: ]963 c i53 arr ] s 609.685/ ]98] c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 arl 3 s 33,34; 1992 c 588 s ]; 1993 c 224 a*r 9 s 44,45; ]994 c 636 arl 2 s 44 South lake Minnetonka Public Safety Department 1" PROOF OF AGE REQUIREMENTS FOR TOBACCO SALES MINNESOTA STATUTE 340A.503 PERSO;-"'S U~DER 21; ILLEGAL ACTS. Subd. 6. Proof of 3ge~ defense. (a) Proof of age for purchasing or consuming alco- holic beverages may be established only by one of the following: (l) a valid driver's license or idemifiqnion card issued by Minnesota, another stale, or a province of Canada, .and including the photograph and date of binh of the licensed person; . (2) a valid military identification card issued by the United States Depanment of Defense; or . (3) in the case of a foreign national, from a nation other than Canada, by a valid passpon. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defen- dant to prove by a preponderance of the evidence lhat the defendant reasonably and . in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, banering, furnishing, or giving the! alcoholic beverage. South lake Minnetonka Public Safety Department - CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net Executive Summary Shorewood City Council Regular Meeting Monday, September 13, 1999 ". There is an Executive Session at 6: 15 p.m. and again following the regular open portion of the meeting. r ~;, r :.. t: Agenda Item #3A: This resolution was held over from the last meeting due to lack of a four-fifths vote. It approves APf's request for antennas and ground facilities on the west end water tower site. Once the conditional use pennit has been approved a lease agreement will be prepared for the next City Council meeting. Four-fifths vote by the Council is required. Agenda Item #3B: This resolution approves the multi-use building for Freeman Park. Both the Park and Planning Commission have recommended approval of the conditional use . permit. This requires a four-fifths vote by the Council. ... Agenda Item #3C: This resolution approves a conditional use permit, allowing Excelsior Covenant Church to build a two-car storage garage in the northeast comer of their property. Approval requires a four-fifths vote by the Council. Agenda Item #3D: Staff has been directed to prepare findings of fact approving a conditional use permit and a setback variance, allowing the McConnells to build a new home on a substandard lakeshore lot. Approval requires a four-fIfths vote by the Council. , Agenda Item #3E: This resolution approves a temporary gambling license for the Friends of the Southshore Center to hold a raffle Friday, December 17 at the Center. The purpose of the raffle is to raise funds Ior the Center. Agenda Item #3F: The City Council budgeted transfers of monies to and from various funds for capital improvement and other purposes in the 1999 Operating and Capital Improvement Budgets. This resolution authorizes the transfer of funds as provided for in the budgets. n ~.1 PRINTED ON RECYCLED PAPER '- ~.. Executive Summary - City Council meeting of September 13, 1999 Agenda Item #5B: Due to his busy work schedule, Bill Colopoulos is resigning from the Shorewood Park Commission. His term is due to expire in February, 2000. The Council should decide when and how you want to fill the opening. Agenda Item #6A: Attorneys for Keith Waters and Associates, Inc. have requested the vacation of six old easements underlying the plat of Christmas Shore. These were not erased by the platting because the property was Torrens. Staff has identified certain issues that still remain to be resolved. It is recommended that the public hearing be held and public testimony taken. If the issues raised by staff can be resolved prior to the meeting, a draft resolution will be distributed at the meeting. Otherwise, the matter may have to be tabled to the next meeting. Approval requires a simple majority vote by the Council. Agenda Item #6B: The Planning Commission held three open house meetings to present the proposed draft of the Comprehensive Plan to residents. Unfortunately, attendance was quite poor. A public hearing is scheduled for 21 September, after which the Council~will . need to take action before referral to the Metropolitan Council. Agenda Item #6C: This ordinance amendment, revising the rules for multiple dock facilities in the L-R District was forwarded from the last meeting due to lack of a four-fifths vote. A resolution will be presented at the meeting authorizing publication of a summary ordinance, assuming adoption of the amendment by the Council. Agenda Item #7 A: The preliminary tax levy must be adopted by the City Council and certified to the County Auditor by September 15 of each year. This resolution establishes a preliminary property tax levy for the 2000 budget year. It sets the maximum amount that the City may levy for the year 2000 at $1,936,779. Agenda Item #7B: This resolution establishes December 6 and 13 as the dates for the Truth-in- . Taxation hearings for the 2000 budget and 1999-2000 property tax levy. These dates must be certified to the County Auditor by September 15 of each year. Agenda Item #7C: Staff is suggesting that the new legislatively mandated tax rate hearing be set for the meeting of September 27. This would allow for articles to be placed in the local newspapers. Agenda Item #7D: Police Chief Bryan Litsey will be at the Council meeting to present the 1998- 1999 snowmobile season report. Agenda Item #7E: This year Hennepin County has forwarded to us the appropriate paper work for the submittal of the 1999-2000 winter trail activity permit in a timely basis. The permit, filled out as it was last year, is enclosed in the packet for Council consideration. 2 3 .. Executive Summary - City Council meeting of September 13, 1999 Agenda Item #7F: Each year the cities within the metropolitan area are asked to participate in the Metropolitan Livable Communities Act. A draft resolution of participation is enclosed in the packet for your consideration. Should you need any further information, or like someone from the Metropolitan Council to attend the next Council meeting before considering the resolution, please give direction at the Council meeting. Agenda Item #7G: Enclosed in the packet is information regarding proceeding with the Gideon Glen project. The first step is to send a letter to the Minnehaha Creek Watershed District Administrator Eric Evenson asking that Rule B funds be released to undertake preliminary work so that grant funds can be applied for in September and October. The Council should give direction to staff on sending the letter and proceeding with the project. . Agenda Item #7H: Additional information is included in this packet as a follow-up to questions raised at the last Council meeting regarding a draft tobacco ordinance. Please review the enclosed cover memo. Agenda Item #8A: This resolution authorizes execution of a cooperative agreement with the Minnesota Department of Transportation for construction of the TH 7 Access Closures. This agreement lays out funding and participation requirements for the City of Shorewood and the state, if the project proceeds. Unfortunately, at the time of publication, staff was still in negotiations with MNIDOT regarding the final details of the agreement. Unfortunately, timing is such that the agreement needs to be considered by the City Council during Monday night's City Council meeting to meet funding window constraints. Final forms of the agreement will be transmitted on Friday or Saturday, with presentation by Larry Brown, City Engineer at the meeting. . Agenda Item #8B: This resolution accepts the bid and awards the contract for the TH 7 Access Closures to Hardrives, Inc. in the amount of $197,707.50. Staff is recommending approval of the resolution awarding the contract, contingent upon Agenda Item 8A being passed. Agenda Item #8C: Bids were received and tabulated on September 1, 1999 for the 1999 Bituminous Overlay Project. The low bid was provided by DMJ Corp. in the amount of $63,529.09. Staff is recommending approval of the resolution which accepts the bid and awards the contract to DMJ Corp in the amount of $63,529.09. . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, AUGUST 23,1999 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 6:40 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING D n .A F~ - lifl. I Acting Mayor Stover called the Special Meeting to order at 6:40 p.m. A. Roll Call Present: Acting Mayor Stover; and Councilmembers Garfunkel and Lizee Absent: Mayor Love and Councilmember Zerby B. Review Agenda There were no changes to the agenda as presented. 2. INTERVIEW FOR AN APPOINTMENT TO THE LAND CONSERVATION / ENVIRONMENT COMMITTEE The City Council conducted an interview with the following: 6:40 p.m. Joel Jurgens, 25545 Birch Bluff Road 3. ADJOURN Acting Mayor Stover adjourned the special meeting at 6:57 p.m. to the regular meeting of the City Council. Motion passed 3/0. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM,CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL J.\tlEETING TUESDAY, AUGUST 23,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFt Acting Mayor Stover called the meeting to order at 7:00 p.m. A. Roll Call Present: Acting Mayor Stover, Councilmembers Garfunkel and LiZee; Administrator Hurm; City Attorney Keane; Finance Director Alan Rolek; Director of Public Works Larry Brown; and Planning Director Brad Nielsen Absent: Mayor Love and Councilmember Zerby . B. Review Agenda Acting Mayor Stover reviewed the Agenda for August 23, 1999. Garfunkel moved, Lizee seconded a motion to approve the agenda as amended: Item 3A will be discussed as Item SE and Item 6A will be discussed as Item SF. Motion passed 3-0. C. Presentation of Appreciation to Chuck Cochran 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 9, 1999 Lizee moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of August 9, 1999 as amended: Page 2, Matters from the Floor: IDs daughter and her children are living on the other side of the building. Motion passed 3-0. . B. City Council Executive Session Minutes August 16, 1999 Garfunkel moved, Lizee seconded approving the City Council Executive Session Meeting Minutes of August 16, 1999 as amended: Councilmember Stover was absent. Motion passed 2-0-1. Stover abstained from voting. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein as amended: A. DISCUSSED AS ITEM SE - A Motion to Adopt a Resolution Approving a Conditional Use Permit for Installation of PCS Antennas. Removed. from the agenda. Applicant: APT Minneapolis, IDe. (Aerial Communication) Location: 26352 Smithtown Road (Water Tower at Minnewashta School) CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 2 B. A Motion to Establish Fall Clean-up Date as Saturday, October 30,1999 C. A Motion to Approve a Block Party Request for Brynmawr Place to be Held Sunday, September 19 from 3:00 to 6:00 p.rn. D. A Motion to Adopt Resolution 99-063 Providing for Delinquent Utility Charges to be Levied E. A Motion Authorizing the Hiring of an Assistant Liquor Operations Manager F. A Motion to Adopt Resolution 99-064 Establishing Pay Ranges for Shorewood Liquor Operations A Motion to Approve Request by Terry Dahlstrom to Plant Trees on Public Property H. A Motion to Adopt Resolution 99-065 Authorizing Advertisement for Bids for a Dump Truck G. . Motion passed 3-0. 4. MATTERS FROM THE FLOOR None 5. PARKS REPORTS A. Report on Park Commission Meeting Held August 10, 1999. Commissioner Pat Arnst reported on the meeting held August 10. She explained improvements on Field #2 in Freeman Park were discussed in several phases. Phase 3 for expansion of the . concession stand was not discussed. The Park Commission CIP includes budgeting to install netting on the field. The Commission would like it to be earmarked for this use and not another use. The balance of the meeting was discussion of the 2000 budget, CIP, and other funding sources. The Park Commission is very intent on seeking other funding sources especially for the trail system. They are also going to discuss tournament parking fees, generating income from the concession stand, and fees generated from teams. A joint meeting with the Park Foundation will be held in early September. B. Consideration of Approving South Tonka Baseball's Proposed Improvements to Field #2 in Freeman Park CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 3 Brian Tische, President of South Tonka Baseball, discussed recent efforts to improve the fields in Freeman Park. They would like to improve Field #2 next. The phased approach was based upon things that needed to be done to make it a full sized baseball field. He discussed the Phase 2 plans that would include limiting the foul ball problem behind the backstop, installation of bleachers behind home plate. and installation of batting cages on the right field size of Field #2. It is anticipated the work would be completed at the start of the next season. Councilmember Lizee asked if the $4.500 would be used for the poles and netting and if it would be installed soon. Engineer Brown stated if it is approved, the materials would be ordered immediately. . Councilmember Lizee asked who would be the owner of the equipment. Tische stated ownership would be the City of Shorewood. Councilmember Garfunkel asked if staff had any concerns. Engineer Brown stated the installation of watermain in the vicinity would cause the need for coordination between the two groups. Acting Mayor Stover asked if the poles and netting would be installed by the City. Engineer Brown stated the City would be installing the poles and netting. Acting Mayor Stover stated she would like to see a separation of jobs so the funding is clear. Engineer Brown stated the $4.500 would be used for screening and nothing else. . Council member Lizee stated she has some concerns about sports organizations being accountable to the City. She noted $12.000 was budgeted to be collected from sports organizations. and only a little over half was collected. She was concerned about the percentage. City Administrator Hurm stated the letters don't go out until fall. but this could be moved up earlier. Councilmember Lizee stated there seems to be a genuine concern for the long term vision for the parks. She was concerned about a vision being established for the long term. City Administrator Hurm stated the Park Commission has stayed with what has been planned for the vision of the parks in the master plan. The details have changed. but the overall vision has been consistent. Park Commissioner Arnst stated they do have a concern about where to go with the parks. but it will be discussed in more detail at the meeting on August 24. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 4 Garfunkel moved, Lizee seconded accepting the Phase 1 and Phase 2 improvements with the understanding the $4,500 will be earmarked for netting and poles, and the work done by the City. Motion passed 3-0. 6. PLANNING REPORTS Planning Director Nielsen reported on the recent Planning Commission Study Session and continued work on the Comprehensive Plan. He stated Items 6B - 6E were all recommended for approval. A. Removed to Item 8F on the agenda. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Multi-Purpose Building at Freeman Park Applicant: City of Shorewood Location: 25800 Highway 7 . Planning Director Nielsen stated the Planning Commission voted to recommend approval of this conditional use permit for a multi-purpose building at Freeman Park. Councilmember Garfunkel stated there is no downside on this proposal, and it will be a great amenity for the park. Lizee moved, Garfunkel seconded to direct staff to prepare Findings of Fact approving a conditional use permit for multi-purpose building at Freeman Park. Motion carried 3-0. C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Building Applicant: Excelsior Covenant Church Location: 19555 Excelsior Blvd. . Planning Director Nielsen stated the church would like to construct a two car garage to house the church van. The building will be tucked into a wooded area. The only additional condition was to conserve two large trees in the area. The Planning Commission recommended approval on a 6-0 vote. Councilmember Lizee asked if the existing shed would remain on the site to store things. She asked if the intent is to address the storage of gasoline-powered equipment. Planning Director Nielsen stated there wasn't any specific mention of that in the motion. Greg Lindberg, 17710 2nd A venue North, Plymouth, stated the proposal will be helpful for the church. Garfunkel moved, Lizee seconded to direct staff to prepare Findings of Fact approving a conditional use permit for accessory building. Motion carried 3-0. D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: William Dickson Location: 26245 Birch Bluff Road CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 5 Planning Director Nielsen stated Mr. Dickson would like to construct an accessory building over 1,200 square feet. There is an existing driveway cut into an embankment. He would like to move the driveway to the north. The Planning Commission discussed the proximity to the road. They voted to recommend approval 6-0. Acting Mayor Stover stated this is going to be a tree preservation nightmare, but she stated it appears the current driveway cut is more desirable where it is now. Engineer Brown stated the proposed cut would improve sight distances based on setback restrictions. . William Dickson stated the garage would only be used for storage. Councilmember Lizee asked if the current location is within the forty foot setback. Planning Director Nielsen stated it is. Councilmember Lizee was concerned about a new resident using the new space for an additional garage. She stated it is hard for her to see the change. Mr. Dickson stated the same number of trees would have to be removed no matter where the driveway cut would be. Councilmember Lizee asked if a variance would be needed if it remained where it is now. . Planning Director Nielsen stated if the driveway were moved, a variance would not be required. If the garage were put at the end of the existing cut, a variance would be needed. Councilmembers discussed possible locations for the accessory building on the site. Councilmember Garfunkel asked how far the existing cut would be from the proposed cut. Planning Director Nielsen noted it would be approximately ten feet. He stated what is proposed would go straight east/west out from the building. Councilmember Garfunkel asked how long the driveway would be. Planning Director Nielsen believed it would be approximately forty feet. He stated it could be accomplished without a variance and still meet setback requirements. Acting Mayor Stover asked the applicant if there was a specific reason why the driveway was moved. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 6 Mr. Dickson stated it was to meet setbacks. He stated there were also some trees near the existing driveway that he wanted to keep. Moving the driveway would take out the least number of trees. Councilmember Garfunkel was concerned about backing the boat out. Councilmember Lizee stated the current driveway has better visibility, because it is straighter than the proposed driveway. She would like to see if something could be worked out using the current driveway and less tree removal. Mr. Dickson stated it would be cheaper, but he was concerned about the property line issues and tree removal. Acting Mayor Stover asked if Mr. Dickson would be interested in exploring options. Planning Director Nielsen stated this could be reviewed prior to the next meeting in order to explore other options. . Lizee moved, Garfunkel seconded to continue this item to the September 13, 1999 meeting. Motion carried 3-0. E. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Setback Variance for a Substandard Shoreland District Lot Applicant: Patrick & Victoria McConnell Location: 4300 Enchanted Drive Planning Director Nielsen stated this property was a subject of a conditional use permit and setback variance going back to 1995. He stated if the lot meets 70% of the zoning requirements, it is a buildable lot, according to the zoning ordinance. The current lot has an old tennis court on it and exists as a separate lot of record. The McConnells have hired an architect to design a home that would fit the difficult lot. It is also an oddly shaped lot. There is also a cluster of large oak trees on the south edge of the property which the Planning Commission and adjoining residents would like to keep. He stated the setback variance is needed because of the trees. The Planning Commission voted 6-0 to recommend approval of the conditional use permit and setback variance with conditions. The applicant has agreed to comply with all conditions for approval. Keith Waters and Associates representative stated he believed the house would be a definite addition to the area. . Councilmember Lizee stated it is a definite improvement over the previous plan and is very sensitive to the neighbors. She stated the City can provide information on lakeshore plantings. Lizee moved, Garfunkel seconded to direct staff to prepare Findings of Fact approving the request regarding a conditional use permit and setback variance for a substandard shoreland district lot. Motion carried 3-0. B. Consideration of a Motion to Approve South Lake Minnetonka Public Safety Department Budget Request for Year 2000 CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 7 7. GENERAL A. A Motion to Adopt a Resolution of Commendation for Lieutenant Dennis Siegfried Councilmember Garfunkel stated a retirement dinner would be held on August 24. 1999 to honor Lieutenant Siegfried. He will present the resolution. City Administrator Hurm read the resolution commending Lieutenant Siegfried and his years of service to the Lake Minnetonka area. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-066, "A Commendation For Lieutenant Dennis Siegfried." Motion carried 3-0. . Councilmember Lizee stated she was able to meet with Chief Litsey. and her questions have been answered. Garfunkel moved, Lizee seconded to approve South Lake Minnetonka Public Safety Department budget request for 2000. Motion carried 3-0. C. Consideration of an Ordinance Amending Chapter 302 - Sale of Tobacco & 1301 - Establishing Fees/Resolution Authorizing Summary Ordinance Publication . City Attorney Keane stated the proposed ordinance is coming forward in light of the recent amendments to the statutory framework of tobacco legislation. It also reflects a departure from historical handling of the licensing by municipalities rather than the county. He stated the City has historically handled tobacco compliance. and issuance oflicenses should be a routine administrative matter. Lowell Day. representing American Legion, stated they are the only cigarette vending machine owner in Shorewood. They don't have a problem with the licensing fee. He was concerned about being able to keep the vending machine but suggested alternatives to prohibit minors from using the machine. Acting Mayor Stover asked if the vending machine is located within view of the bartender. Mr. Day stated it is not. Acting Mayor Stover asked if the current machine is token ready. Mr. Day stated it is not. but they could work it out with their vendor. Councilmembers discussed the use of tokens in the vending machine and the possible change of the definition in the current ordinance. City Attorney Keane stated vending machines are not permitted in locations where minors are allowed under the current ordinance. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23, 1999 - PAGE 8 Acting Mayor Stover asked Keane to check into changing the current ordinance to allow the use of tokens and/or a remote switch. Acting Mayor Stover discussed the age of clerks selling cigarettes. Councilmember Garfunkel stated the issue is getting staff who are under eighteen given the job market. Acting Mayor Stover discussed the letter from Pastor Larson regarding the ordinance and its purpose. Councilmember Garfunkel stated the goal is to prevent minors from getting tobacco products. Acting Mayor Stover suggested the educational piece first, and a fine second. Councilmembers discussed the license fee of $250. Councilmember Garfunkel stated it should be not less than $250. Councilmembers discussed retailers' fines. City Attorney Keane noted they are set by state statute. Lizee moved, Garfunkel seconded to table consideration of an Ordinance amending Chapter 302 - Sale of Tobacco and 1301 - Establishing FeeslResolution Authorizing Summary Ordinance Publication. Motion carried 3-0. . D. Consideration of a Motion to Adopt a Resolution Making an Appointment to the Land Conservation/Environment Committee Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-067, "A Resolution Appointing Joel Jurgen to the Land Conservation I Environment Committee Effective Immediately Through January 31, 2000." Motion carried 3-0. . B. Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract - Project No. 99-05 Old Market Road Wall Repairs CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23, 1999 - PAGE 9 8. ENGINEERINGIPUBLIC WORKS A. Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract - Project No. 99-01 Noble RoadlSouthshore Center Drainage Improvements Engineer Brown stated bids were received and tabulated on August 18 for the Noble Road/Southshore Center project. He noted only two bids were received. The low bid was from Midwest Asphalt in the amount of $212,003.70 which far exceeded the engineer's estimate. He recommended the bids be rejected and rebid in February of 2000. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-068, A Resolution Rejecting All Bids for Project No. 99-01 Noble Road and Project No. 99-07 Southshore Center Drainage Improvements." Motion carried 3-0. ' Engineer Brown stated bids were received and tabulated for Old Market Road wall repairs. Two bids were received. The low bid was from Jay Brothers in the amount of$33,172.50. Lizee moved, Garfunkel seconded to adopt RESOLUTION 99-069, "A Resolution Awarding the Bid to Jay Brothers in the Amount of $33,172.50 for Project No. 99-05 Old Market Road Wall Repairs." Motion carried 3-0. C. Consideration of a Motion to Adopt a Resolution Authorizing Exemption from Uniform Municipal Contr.acting Law Engineer Brown stated this item is closely tied to the next item on the agenda seeking the purchase of a generator. He discussed the need to cut through the long bidding process in order to address Y2K issues. He discussed the process which would be followed to secure quotes. . D. Consideration of a Motion to Adopt a Resolution Authorizing Expenditure for Purchase of a Generator Engineer Brown discussed the need for the purchase of a generator prior to the approval of the resolution in the previous item. He discussed the need to have a generator on hand should the lift stations fail. He reviewed quotes received. He recommended approval of bid alternate A from Alliance Energy Systems, Inc. This resolution also authorizes the transfer of funds for purchase of the generator from the sanitary sewer fund to the equipment replacement fund. Lizee moved, Garfunkel seconded to adopt RESOLUTION 99-070, "A Resolution to Atbe Purchase of a Generator From Alliance Energy Systems, Bid Option A With Funding From the Sanitary Sewer Fund." Motion carried 3-0. Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-071, "A Resolution Authorizing Exemption From Uniform Municipal Contracting Law." Motion carried 3-0. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 10 Garfunkel moved, Lizee seconded to continue Items 8E and 8F to the September 13, 1999 meeting. Motion carried 3-0. 9. REPORTS A. Administrator & Staff i. Attorney's Report on Recommendations Regarding Research for Right- of-way Along Smithtown Road City Attorney Keane stated a report will be given in September at the first meeting. n. Engineer's Report on Waterford Wall Repairs Engineer Brown discussed the Waterford Wall. A letter will be sent to the homeowners' association. It has been stabilized by City crews for the interim. The letter will tell them there is . definitely a safety and health hazard. B. Mayor and City Council i. Report on Fire Department Review Committee Meeting Held August 10,1999 Administrator Hurm stated the first meeting was held to discuss how the remaining meetings would be handled. It was determined Larry Bakken would be asked to facilitate the meetings. The next meeting will be the fifth Tuesday in August. n. Report on Communication Committee Meeting Held August 16, 1999 Councilmember Garfunkel attended the Communication Committee Meeting. They discussed the problems with the audiovisual equipment. They are also going to review the audio on the cable telecasts. They also discussed the web site. . Councilmember Lizee was concerned about the use of the microphones in the Council Chambers. Finance Director Rolek noted there were problems with the network, and it was not possible to generate a claims list. Administrator Hurm stated it could be approved prior to the work session on August 30. iii. Establish Executive Session Date to Discuss Personnel Issue Councilmembers discussed possible dates for an executive session date to discuss personnel issue. September 1 and 15 were suggested. The meeting will be held on September I at 6:00 p.m. . ATTEST: WOODY LOVE, MAYOR CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23,1999 - PAGE 11 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Garfunkel moved, Lizee seconded adjourning the regular meeting at 8:55 p.rn. Motion passed 3-0. RESPECTFULLY SUBMITTED. Clare T. Link Recording Secretary JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDA Y, AUGUST 30, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING Councilmember Garfunkel called the Special Meeting to order at 7:08 p.m. A. Roll Call Present: Councilmembers Garfunkel, Lizee and Zerby. Also present were City Administrator Hurm, City Engineer Brown, and Finance Director RoIek. . Absent: Mayor Love and Councilmember Stover. B. Review Agenda Zerby moved, Lizee seconded, to approve the agenda as presented. Motion passed unanimously. 2. CONSIDERATION OF A MOTION REGARDING CLAIMS The list of bills had been reviewed by the Councilmembers. 3. ADJOURN . Zerby moved, Lizee seconded, to adjourn the special meeting at 7:09 p.m. subject to approval of the Claims. Motion passed unanimously. ATTEST: JOHN GARFUNKEL, COUNCILMEMBER JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, AUGUST 30,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD IMMEDIATELYFOLLO~G SPECIAL MEETING ;"->~\--,:,<;;~'; MINUTES - ;.;'" .-,.-..;-e..,j"->"."",:: }'{-::'.:'{::-~;~:'~:7:;;'f-''0?_ ~ ~;:f:::)t;,;-E;", >'-,:;':'~"';"':.".:~ ,.,' :- ~--:'~ 1. CONVENE WORK SESSION MEETING YIJ RIFl? Council member Garfunkel called the meeting to order at 7:15 p.m. A. Roll Call Present: Councilmembers Garfunkel, Lizee and Zerby; Administrator Hurm, Finance Director Rolek and City Engineer Brown. Mayor Love arrived at 7:20 p.m. Absent: Councilmember Stover B. Review Agenda Zerby moved, Lizee seconded, to accept the agenda as presented. Motion passed unanimously. 2. DISCUSSION ON PROPOSED 2000 PRELIMINARY BUDGET Administrator Hurm introduced the various issues to be considered and discussed by the Council this evenmg. Finance Director Rolek reviewed for the Council revenues and each of the departmental expenditure budgets. The Council reviewed the objectives for each of the departments. The proposed budget would increase the levy by $74,721 or 4%. This includes a special levy of $22,668 in reimbursement for 1998 storm cIeamip costs. There is a growth in the City's tax base this year of about 11 %. Much of that is due to the City's Tax Increment Financing district going out of existence. This all would result in the City property taxes on a parcel valued at $200,000 to be reduced by $47 next year. It was reported that the State Legislature now requires an additional public hearing if the tax levy will increase from the previous year. Included in the anticipated revenues are $3,500 in rental housing inspection fees; $2,500 in anticipation of tobacco licensing; $15,000 antenna revenue; additional funds from the utilities to reimburse the general fund for costs incurred; and a transfer of $10,000 from the liquor fund. Funds have been set aside in the legislative budget for a strategic planning process ($6,000). The Council contingency for the 2000 budget is being moved to the legislative budget. Funds have also been reserved for a comparable worth study, and for expenditures relating to the Land Conservation I Environment Committee. - CITY COUNCIL WORK SESSION MINUTES AUGUST 30, 1999 - PAGE 2 Increases in transfers to capital funds are as follows: Street reconstruction up $19,000 to $212,000 Equipment replacement up $5,000 to $112,800 Park improvements up from $0 to $10,000 It should be noted that the equipment fund will be analyzed during the review of the Capital Improvement Program, therefore this number could change. It was noted that following an analysis of the sewer and water utilities, it is possible that recommendations may be following to have a slight decrease in sewer charges and a slight increase in water charges. Councilmember Lizee questioned anticipating $12,000 from sports organizations for maintenance of the parks. There was a consensus among the Council that that number should be kept as a challenge. It was suggested that the amount of contingency be specifically identified in the legislative budget. It was also suggested that the contributions to other organizations such as the Lake Minnetonka Conservation District and the League of Minnesota Cities be also specifically identified in the budget. . Councilmember Zerby suggested that the number of false alarms be included as service indicators in the Fire Department budget. In addition, Mayor Love asked that the objectives identified in the Fire Department Review Committee be listed in the budget. It was suggested that the number of animal complaints be tracked and be kept as a service indicator. Staff will prepare a levy resolution for Council consideration at their next meeting as recommended in the proposed budget. . 3. ADJOURN Zerby moved, Lizee seconded, to Adjourn to Work Session at 9:00 p.m. Motion passed 4/0. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR - CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, SEPTEMBER 1, 1999 SOUTHSHORE CENTER 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES 1. DRAFT CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Love called the meeting to order at 6: 10 p.m. A. Roll Call Present: Mayor Love, Councilmembers Garfunkel, and Lizee. Councilmember Zerby arrived at 6: 17 p.m. Also present were City Engineer Brown, Planning Director Nielsen, Finance Director Rolek, Deputy Clerk Naab, and Consultant Tom Allen. . B. Review Agenda 2. DISCUSSION WITH CONSULTANT TOM ALLEN REGARDING CITY ADMINISTRATOR PERFORMAN<W: EVALUATION Consultant Tom Allen reviewed the process to be utilized. There was discussion on the Administrator's performance. 3. ADJOURN Mayor Love adjourned the meeting at 8:30 p.m. . RESPECTFULLY SUBMITTED, ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO AMERICAN PORTABLE TELECOM WHEREAS, American Portable Telecom (d.b.a. Aerial Communications, Inc.) (Applicant) is a communications common carrier licensed by the Federal Communications Commission to provide personal communications services to the Minneapolis/St. Paul metropolitan area; and WHEREAS, the Applicant has determined that, in order to provide uninterrupted personal communications services to the western segment of its territory, it requires an antenna site in the westerly one-half of the City of Shorewood; and , WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the construction of a communications equipment enclosure on the site of the Shorewood west end water tower and proposes to install as many as twelve (12) communications antennae on the water tower itself; and WHEREAS, the Applicant proposes to lease from the City of Shorewood the necessary premises for the construction of a 9-foot by IS-foot communications equipment building and the required space on the water tower pursuant to a long-term lease; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 1 July 1999, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City Engineer, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 2 July 1999, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's Consulting Telecommunications Engineer, and his recommendations have been duly set forth In a letter to the City Engineer, dated 2 July 1999, which letter is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at its regular meeting on 6 July 1999, the minutes of which meeting are on file at City Hall; and 4 WHEREAS, the Applicant's application was considered by the City Council at its regular meeting held on 9 August, at which time the City Planner's and City Engineers memoranda, the Consulting Engineer's letter, and a letter from the Minnetonka School District were reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and preliminary approval given for the Conditional Use * .3.A~ I AMCE rcr:I ClMJEI """ 11%" ..aco NG XU fDJ' rllf'EIl {SS a..- UlC:IC SEf w/ _ lIli'OI 41 1llIiftJI IIESISWlI' EIIClmHIlII Pl.GE rlllHf AIIIIIE ,J ;:)/f o Al1lllJ.. ;:It snu Jt:Mf o.c. 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IlEDII) lANDSCAPING PUN lIl:IoL.I; IlCNt "'1.1-1-- I ---- I:E~~ -. .__1 1IC UWl CT 1MS _.-ISla. _trwu.lIIlI'l -- IIED~__ r= r~= --- ---- Exhibit 3 ~----------------- I I I I I I r----------- I I I I r i I : I ! I I J i I I I I ! ~-~ I I CASDooDn -' I I I , I I I I I , I I I I I I I I I I I I I I J / I / , , r I I ~.. ~-_.. . . RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A MULTI-USE RECREATIONAL BUILDING IN FREEMAN PARK WHEREAS, the Shorewood Park Commission (Applicant) proposes to construct a building in Freeman Park to be used as: 1) a warming house for outdoor skating; 2) an indoor activity area with storage facilities; 3) a concession stand with basic kitchen facilities; 4) public restrooms; and 5) a picnic pavillion.; and WHEREAS, the Shorewood Zoning Code allows public recreational buildings by conditional use permit (C.U.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City . Council, dated 1 August 1999, which memorandum is on file at City Hall; and WHEREAS, the Shorewood Park Commission reviewed the proposal at its 13 July 1999 meeting, the minutes of which meeting are on file at City Hall, and recommended approval of the proposed building; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at their regular meeting on 3 August 1999, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 23 August 1999, at which time the Planner's memorandum, the minutes of the Park Commission and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the proposed building is one story in height, measures 32' x 75', with decorative block and wood frame walls and a wood frame roof structure with asphalt shingles. 2. That the proposed design of the building is consistent with building plans which have been considered by the Shorewood Park Commission for park buildings. 3. That the location of the proposed building is approximately 300 feet from the boundary line of the park and 450 feet from the nearest home. 13.f1. . .... ~ t.. . 4. That a heavily wooded area separates the building from nearby homes. 5. That the building is located so as to be convenient from the northerly ball fields and existing parking lot in the park. 6. That the building and its location are consistent with the City's master plan for Freeman Park. CONCLUSIONS That the conditional use permit for the construction of a multi-use recreational building in Freeman Park is hereby granted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September, 1999. Woody Love, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . . "" RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXCELSIOR COVENANT CHURCH WHEREAS, the Excelsior Covenant Church (Applicant) is the owner of real property located at 19955 Excelsior Boulevard in the City of Shorewood, County of Hennepin, State of Minnesota, legally describ~d on Exhibit A, attached; and WHEREAS, the Applicant has applied for a conditional use permit to build a two-car storage garage to house its church van and maintenance equipment; 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 29 July 1999, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 August 1999, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use perniit was considered by the City Council at their regular meeting on 23 August 1999, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-2A, Single-Family Residential zoning district. 2. That the Applicant proposes to build a single-story garage measuring 28' x 28'. 3. That the City Zoning Code requires a 35-foot front yard setback and 20- foot side yard setback for church buildings. 4. That the proposed building is 140 feet from the right-of-way of Excelsior Boulevard and 55 feet from the east lot line of the site. 5. That the proposed location of the garage is in a wooded area in the northeast comer of the church property and will be screened from the view of nearby residences. -1- jJ 3. t. Woody Love, Mayor 6. That the garage neither takes up existing parking on the site nor necessitates additional parking space. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the Applicant protecting the two larger trees to the east of the proposed building location. 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 13th day of September 1999. ATTEST: . James C. Hurm, City Administrator -2- Exhibit A tf w. Legal Description: . "That part of Lots 29 and 30, Auditor's Subdivision Number One Hundred and Forty One (141), Hennepin County, Minnesota, lying West of a line running from a point on the southerly line of Lot 30, distance 618.2 feet northeasterly from the Southwest corner of Lot 30, to a point in the center line of the Minneapolis and Glencoe Road, distance 560.4 feet easterly along said center line from the West line of the Southeast 1/4, Section 25, Township 117, Range 23, excepting highways. " . .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRA1~TING A CONDIDONAL USE PERMIT AND SETBACK vARIANCES TO BUILD ON A SUBSTANDARD LOT TO PATRICK AND VICTORIA McCONNELL WHEREAS, Patrick and Victoria McConnell (Applicants) have an interest in the real property located at 4300 Enchanted Drive, in the City of Shorewood, County of Hennepin, legally described as: "Lot 2, Block 2, Enchanted Gardens"; and WHEREAS, the property does not conform to the lot area requirements of the R-l CIS, Single- Family ResidentiallShoreland zoning district, in which it is located; and . WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a substandard lot; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit and setback variances for the construction of a single-family home on the property; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 July 1999, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 August 1999. the minutes of which meeting -are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 23 August 1999, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the lot is under separate ownership from adjoining properties. . 2. That the lot contains 14,431 square feet of area, is 118 feet wide at the building line, and meets at least 70 percent of the required lot area for the R-1C/S zoning district. 3. That the proposed improvements to the property amount to 20.7 percent lot coverage, whereas 25 percent lot coverage is allowed. 4. That the front setback of the house on the property to the east of the subject property is 10 feet and the average setback of the two adjoining homes from the street is 30 feet. 5. That the average setback ofthe two adjoining homes from the ordinary high water level of Lake Minnetonka is 41.5 feet. -1- fJ 3#D . . ~ 6. property. That the City has directed the Applicant to preserve existing trees located on the 7. attached. That the Applicants propose to locate the home on the lot as shown on Exhibit A, CONCLUSION 1. That the Applicants have satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and have established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicants' request for a conditional use permit and setback varianGes to construct a single-family dwelling as shown on Exhibit A, attached. 3. That this approval is subject to the following conditions: a. Prior to the start of any site work the Applicant must install construction fencing along the dripline of the oak trees located on the south side of the subject property, at least 20 feet from the shoreline of Lake Minnetonka and as needed to protect existing vegetation along the easterly lot line. b. Any excavation near the oak trees shall be cut in so as to sever any rootS as cleanly as possible. c. The Applicant must submit a landscape and tree preservation plan. prepared by a registered landscape architect for review and approval by the Zoning Administrator prior to issuance of a building permit. d. Prior to issuance of a certificate of occupancy for the home. the site must be landscaped per the approved landscape plan referenced in c. above. 4. That the City Administrator/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 13th day of September, 1999. Woody Love. Mayor ATTEST: James C. Hurm. City Administrator/Clerk -2- (612) 914-0004 filx (612) 914-0005 LiccIIse Number - 0001508 01991 Keith Watas .. .t. A-w~ IDe.. McConnell; Residence' . " . . . KEiTH WATERS &. ASSOClA T.ES, INC. DESIGNERS &. Bun.DERS 6216 Balcer Road Suite 110 Eden Prairie MN SS346 PHELPS BAY Ordinary High Water 929.4 930 931 932 ~.. ........ . ............. . ........... ...... .... .... ......... ........ . . . . . . . . . : . . 933 ._---........ - \ -.- ENCHANTEO..DRlVE MAIN LEVEL & SITE PLAN SCALE IN FEET r 1 :T. ~99 . 0 8 16 . ~.bit ~ Enchanted Drive. Shorewood, MN ELEV A TJONS (FEET) ORDINARY HIGH WATER ........:..... 929.4- BOTTOM OF GRADE BEAM ...........931.9. MAIN LEVEl FLOOR.................:..... 936.4 TENNIS COURT _............................ 933.6 HARDCOVER (SQ. Fr.) LOT SIZE..............._....................... 14,431 ALLOWABLE HARDCOVER-....__.. 3,608 HOUSE. GARAGE & PORCHES .....2,490 . SIDEWALK & DRIVE........................... 494- TOTAL:PROPOSEO HARDCOVER 2,982 (20.S-rok) iO CW) "'. . - ." . . ,. -~ CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shore wood as follows: That a single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to Friends of the Southshore Senior Community Center. Said raffle to be held on Friday, December 17, 1999 at the Southshore Center, 5735 Country Club Road, Shorewood, Minnesota. ADOPTED by the City Council of the City of Shorewood this 13th day of , September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 1" ofI.. ~~fF:E'i Minnesota Lawful Gambling ;O:c::-!. r !r- I: , < Application for Exempt Permit - [JG220 u U Organization Information Organization name Friends ;-1......-, i---- 'r li"Page 1 of2 11 \ 10/98 'C0C; q: ..:-J..> qJ W For Board Use On Fee Paid Check No. Initials Received I I In'Fevious 1~..AuI gambling exemption number -0'550tJ Street Of The Southshore Senior Comrn.Ctr. City StatelZip Code County Name of chief executive 0 cer (CEO) of organization First name Last name Name of teasurer of organization First name Becky Last name tembrich Daytime phone nu er of CEO: ( ) 612-667-2126 Daytime phone number of treasurer: ( ) 612-474-7309 Type of Nonprofit Organization Check the box that best describes your organization: o Fraternal 0 Religious o Veteran tt;l Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office q A charter showing you are an affiliate of a parent nonprofit organization ItJ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Southshore Senior Address (do not use PO box) City . StatelZip Code County . 735 Countr Club Rd. S Date(s) of activity (for raffles, indicate the date of the drawing) December 17,1999 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: o *Bingo ~ Raffles 0 *Paddlewheels O*Pull-Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This fonn will be made available in altemative fonnat (Le.large print, Braille) upon request. The infonnation requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to detennine your quarlfications and, as a consequence, may refuse to issue you a permit. If you supply the infonnation requested, the Board will be able to process your application. Your name and and your organization's name and address will be public infonnation when received by the Board. All the other infonnation that you provide will be private data about you until the Board issues your pennit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a pennit, all the information you have provided in the process of applying for a pennit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members. staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota AttomeyGeneral; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and int~mational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specificallyaulhorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing ofinfonnation after this Notice_ given; and anyone with your consent Application for Exempt Permit - LG220 Page 2 of2 10/98 Organization Name Local Unit of Government Acknowledgment (Required by Statute) On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days fora first class city). 2. Waive the above-noted waiting period: The city allows the Board to issue a permit before 30 days (60 days fora first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print name of city: Shorewood (Signature of city personnel receiving application) Title Date / / On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit after 30 days. 2. Waive the above-noted waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of county: (Signature of county personnel receiving application) Title Date / / On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of rny knowledge. Chief Executive Officer's signature Narne (please print) Date 1-1 Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: . the completed application; . . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board -- . 1711 West County Road B, Suite 300 South Roseville, MN 55113 . If your application has not been acknowledged by the local unit of government, do not send the application to the Garnbling Control Board. ,,~ 'l: . . . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTiON AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 1999 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following funds: TRANSFER FROM General Fund General Fund General Fund General Fund Public Facilties Fund Street Reconstruction Fund Street Reconstruction Fund Trail Fund Sewer Fund Water Fund TRANSFER TO Equipment Replacement Fund Street Reconstruction Fund Public Facilities Fund Stormwater Mgmt Fund Trail Fund Trail Fund General Fund General Fund General Fund General Fund AMOUNT $107,800 360,000 15,000 10,000 15,000 13,650 32,000 6,000 6,000 2,400 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 19.99. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .. . . CITY OF SHOREWOOD PARK COMMISSION TUESDA Y, AUGUST 24, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. MINUTES 1. DRAfT CONVENE PARK COMMISSION MEETING Co-chair Arnst called the meeting to order at 7:30 p.m. A. Roll Call Present: Co-chairs Dallman and Arnst; Commissioners, Puzak and Themig; Administrator Jim Hurm; City Engineer Larry Brown Absent: Commissioners Bensman, Colopoulos and Berndt; Councilmember Zerby B. Review Agenda Co-chair Arnst asked to move item #6 (User Fees) to be discussed after #4 (Reports) to give it priority. Themig moved and Dallman seconded to approve the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of August 10, 1999 Action was taken later. See page 3. 3. MATTERS FROM THE FLOOR There were no matters from the floor. 4. REPORTS There were no reports. Arnst asked if there had been any follow-up to the Island neighborhood walk. Engineer Brown said some mowing and trimming had been done. A follow-up letter is in process. Arnst asked Commissioner Themig if he had worked on the presentation to the Park Foundation yet. Themig said no. Its". Park Commission August 24, 1999 Page 2 6. USER FEES Co-chair Arnst suggested a brainstorming approach for this very large item. She proposed to: I) Get all potential ideas on the board and list the pros and cons of each, 2) Figure an estimate of the amount of money each would generate, 3) Consider a "target" for where the money would be spent, 4) Choose the preferred options for where funds would be used, and then, 5) Decide on steps to be taken with that information. When asked if the funds would be used for capital improvements or for operating, it was stated that the funds would be applied to both. These are the ideas that were listed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Foundation fundraising User Fees-Sports Organizations-Tournament Fees Concession-(Sales & Rental) Parking (meters, permits, kiosks, tournament parking) Revenue from cell towers Title transfer fees Impact fees (park dedication fees) Grants Philanthropic donations (including land) Business sponsorship (corporate sector) / advertising General city funds Liquor profits from stores Liquor permits for park events Lawful Gaming Vending Machines Park Event and Shelter Rentals Youth Programming The Commission discussed the list with pros, cons, and points about each- of the ideas. The detailed listing of each is on a separate document called "Options for Financing Park Improvements" and is attached to and made a part of these Minutes. They also discussed how and when to present the information to the Park Foundation. It was agreed to invite the Park Foundation, and each organization's president or committee chair, to a special meeting on Tuesday, September 28. A letter will be sent in advance to explain the content and goals of the meeting. The Foundation representatives will be asked to offer other suggestions for revenue sources and for their commitment to the programs that they would like to support. A scheduled time line for construction of the park structure and other projects will also be presented to the Foundation in order to establish goals for fund-raising. Commissioner Themig pointed out that 2/3 of the Park Foundation are representatives of non-sports organizations. There needs to be focus toward their interests as well. .. . . . . Park Commission August 24, 1999 Page 3 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of August 10, 1999 Puzak moved and Themig seconded to approve the Minutes as presented. Motion passed 4/0. 5. REVIEW OBJECTIVES FOR OPERATING BUDGET (MARK THEMIG) CAPITAL IMPROVEMENT PROGRA~I Five new objectives are proposed for the 2000 Park Operating Budget objectives. The Commission briefly read the list. Puzak moved and Dallman seconded to accept the Year 2000 Objectives as submitted by Commissioner Mark Themig and listed in a memo dated August 16, 1999. The motion passed unanimously. The CIP will be on the agenda for the September 14, 1999 Park Commission meeting. Members were asked to bring the packet information on Trail Funding Sources back with them to that meeting. 7. TRAILS PLANNING PROCESS A. Review Island Neighborhood Walk on July 24th See page 1, item #4, REPORTS. B. Covington / Vine Hill Status A letter dated August 1, regarding a request for concrete sidewalk (rather than bituminous surface) was presented to the Commission. The letter was from six residents living along Vine Hill Road who seem to believe that the City has decided on a bituminous surface and they are objecting to that choice. Yet, a formal decision has not been made on the "zebra policy." Engineer Brown stated that plans are being prepared by the consultant, but are delayed due to serious illness. He suggested that a position not be taken until a concept plan is put together. The letter from residents indicates that the Park Commission's last response was not perceived correctly. Brown recommends a response to clarify the situation should be written right away, but an actual policy needs to be considered at a later date. Co-chair Arnst asked Brown to draft a letter explaining why concrete was used along Old Market Road and send a draft to Co-chair Dallman and herself for review. Brown recommended the policy discussion be included on the next meeting agenda. 'Fhemig Park Commission August 24, 1999 Page 4 asked that the consultant also provide information about the life expectancy of cement over bituminous. An effective response will require real data. C. Smithtown West Status Engineer Brown stated that the first "hurdle" is being addressed by the city attorney who is preparing a report on rights of way issues. It will hopefully be presented at the next Council meeting. Arnst said updates on each of the trail segments will be on the next Park Commission agenda D. Plan of Action for Fall Co-chair Arnst asked if the Commission wants to schedule anything else for fall at this time. It was agreed to discuss the schedule at the September 14 meeting. Administrator Hurm asked if they wish to consider a doing a neighborhood walk at the Old Market . Road crossing. They said it had already been done. The Commission will do a neighborhood walk on Howard's Point Road, Edgewood Road and Grant Lorenz Road on Saturday, October 2 at 9:30 a.m. 8. REVIEW PRELIMINARY DESIGN OF MAGIC SQUARE Engineer Brown reported that he talked to the tennis court contractor who has done this type of square in the City of Chanhassen. He proposes the same finish as the tennis court surface to be done on the Cathcart basketball court. Commissioner Puzak asked if all of these squares have some preconceived game so kids can't just make up games as they go along. His point is to provide activities that foster creativity and facilities that appeal to "free spirits" who are unlikely to join some regulated sports team or activity. Administrator Hurm said that is the whole idea of the . magic square. Arnst agreed, offering an example of how neighborhood children play their own version of such games. Dallman moved to authorize Engineer Brown to proceed with the implementation of the ''magic square" as presented. Themig seconded and the motion passed 4/0. Themig asked if the September 13 agenda would include a review of the CIP for trails and parks. It will. 9. CONSIDER REPLACEMENT OF CHUCK COCHRAN AS PARK COMMISSION REPRESENTATIVE TO THE PARK FOUNDATION Item to be tabled until the September 14 meeting. There was discussion about the verbal resignation of Commissioner Bill Colopoulos. It was agreed to hold discussion until an official letter of resignation is received. Park Commission August 24, 1999 Page 5 10. REVIEW OF TO DO LIST The commissioners agreed that progress is being made. No details were discussed. 11. OLD BUSINESS A. Review Recycling Memo In the absence of Commissioner Berndt, discussion is tabled until the next meeting. There was no other old business. 12. NEW BUSINESS . Commissioner Puzak reported that, as a result of the recent article in the local paper, momentum is growing on the skate park idea. He has received three very positive phone calls. Two are parents of children who are active in sports, offering their help in working" on it. One is a professional designer of rinks who has done skate parks and would charge a fee. He is a consultant, designer, and builder-contractor. Themig also recommended a man from Shoreview who has had experience for Puzak to talk to. Engineer Brown reported that there has been extensive damage to Silverwood Park. Vandalism has occurred on an every other night rampage. The estimated value is about $3,000. Charlie Davis got things back to normal in 2 days. South Lake Public Safety has had some success in tracking the offenders. 13. ADJOURNMENT . Dallman moved and Puzak seconded to adjourn the meeting. Motion passed 4/0. The meeting adjourned at 10:47 p.m. Respectfully Submitted, Connie Bastyr Recording Secretary Options for Financing Park Improvements 1. FoundationFundr~ising Pros · Community building · Tax advantages . Non-taxable · No tax-payer opposition Points . Mostly project specific . Cons . Needs project leader . May not apply to on-going maintenance 2. User Fees-Sports Organizations-Tournament Fees Pros · Established users are in place . Steady income potential · Philosophy of "user pays" Cons . May not pay-voluntary . Could reduce sports organizations' voluntary improvements . Doesn't take into account their other donated efforts . Hard to be fair . Higher expectations? . Improvements may not benefit the contributin or anization . Points · Project specific and park specific · Needs to be designated by Council for the Park Fund · Char e for tournaments 3. ConcessiQll"",--Sales&Refital Pros · Sustainable source of revenue . Amenity to park . Makes the park a destination Points . What is the profit margin? Cons . Need to manage it . Sustainable source, but not steady or consistent (business risk) L, 4. Parking Fees at Freeman Park Pros Cons · Raises substantial amount of . Costs money to manage money . Unkind and unfriendly · Possible towing fee percentage . Has potential for backlash from the · Has potential to be the most fair community · Could help solve parking problems . Neighborhood impact . Enforcement is a roblem Points · Consider raising tournament fee instead · Char e durin eak times (limit fees to certain hours) 5. Tower(PCS)Revenue Pros · Revenue from any tower on park property should go to park fund · Very viable and lucrative . Cons . Neighborhood concerns . Aesthetics Points · Consider tower for wayside rest area at Old Market Road and Highway 7 · Need to ask for necess ordinance chan es 6. Transfer Fees Pros · Sustainable and lucrative Cons . Requires legislative approval . Needs administration . Points (None) 1. Park:Dedica.tiollFees Pros · Already in place . Diminishing Points (None) 8. Grants Pros · Funds are available · No objection from tax payer Cons . Grant-writing / Administration cost . Project specific . Could be strings attached . Unpredictable Points (None) . 9. Private :Donations (including land) Pros Cons . Non-tax payer money . Might be project specific or have . Provides tax deduction for donator strings attached . Need solicitor, leader or group . Could end up with "white elephant" Points (None) . 10. Corporate Sponsorship. and Advertising Pros Cons · Potential exists . Could be strings attached . Not tax money . Possible public opposition . Potentially unsightly . Needs leadership Points (None) 11. General City Funds Pros . Justifiable expenditure of tax dollars for a valued amenity Cons . Up to City Council discretion Points (None) 12. Liquor StoreiPronts Pros · Positive contributions for liquor operations Points (None) Cons . No profit at present time . Public perception ("sin tax") 1.3. Allow LiquorPernrlts for Events. (like theSouthshore Center) Pros · Can specify conditions · Source is specific to user Points (None) 14. Lawful Gaming Pros · Potential for substantial income · Partnership building · New found source Cons . May have negative public perception . Re uires ordinance chan e . Cons . May have negative public perception (sin tax) . Limited to one site (Legion) Points · Legion already contributes to community · Could approach Southshore Center 15. VendingMachines Pros · Could be built into concession building for security · Open beyond concession stand hours · Potential is there. Only work is to draw a contract · Potentially low administrative cost · Could be at multiple locations . Cons . Vandalism potential . May impact city staff Points · Vendin machine com an deals with com laints and maintenance ... . . 16. Park Event and Shelter Rentals Pros · Good public relations for parks · Facilities are in demand Cons . Need leader and champion . Staff time required . Needs coordination . Heav use of arks Points · Freeman Park could be a great location for a corporate event 17.. Y outb Programming Pros · Amenity and service to community Points None Cons . Need part time director . . ~~.__ 6.~ v.. V~~ VV~~ - - - AUG" 24 · 99 16: Ie! FR UHC-F'HFlRMACY MGMT 612 992 7266 TO 93496044 .1='.01/81 . . . .. 26215 Sho~wood. Oaks Drive Shon:wood, MN' 55331 . .. . -0 ..6- . . . '. - . .. . :}; ,':'> ,~,:{:;-.;:.:.;:,: . ........~~._. '..':-. .i-, , :, . :-.- '.,;.. . . ". A~~t 24, 1999 - . .. . '. Mr. Ken DaHman. Co-Chair Ms. Pat Arnst. Co-Chair City of Shorewood Park Commission 557S Country Club Lane Shorewood, MN 55331 Dear Ken and Pat: I hereby resign my current appointment to the Park Cornmissi~ effective immediately. UnfortUnately. my work travel schedule has grown to the point where I C3n no longer attend lIleeti]1gs on a :cegular basis. I have enjoyed my time on the Commission and wish aU of yoo the very beSt. 0:: Shorewood Park Commk~;on Shorewood Planning Commission Shorewood City Council Jim Hurm (please provide copies as noted - Thanks!) . . ..." . . .:-., :.'~..}; ~. . #' . .. . . . . . . . - . - -. . . . -. .. . . .. ......- --- '. ** TOTAl.. PAGE. a1 ** CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 17, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. ~ MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Turgeon, Anderson and Skramstad; Planning Director Nielsen, City Engineer Brown, and Council Liaison Lizee. . Absent: None Chair Callies discussed concerns about how Planning Commission meetings are run. Commissioner Bailey was concerned about the lack of continuity. He suggested having everyone comment in an orderly fashion. Chair Callies did not agree and believed not everyone has something to say every time. She perceived the Chair would like discussions to be cut off when there are disagreements, and she did not agree with that. Commissioner Turgeon stated it is apparent to get comments that someone is okay with the project. Sometimes when there is more discussion, it is a benefit to the project. She agreed with Commissioner Bailey's suggestion to go around the table for comments. . Chair Callies believed if a commissioner has something to say, they should say it. Council member Lizee didn't believe the Chair should be expected to cut people off. It is the recognition factor and making a pause before a motion is made and seconded. She believed putting the public hearing process on the overhead is a good idea. Commissioner Woodruff stated she isn't having any problems and speaks up or doesn't speak up when she wants to. Commissioner Turgeon suggested the Chair ask if there is any more discussion before a motion is made. Commissioner Bailey didn't think anyone should be cut off unless they're way out in left field. He discussed the need for organization. PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 2 Chair Callies stated she will ask if there is more discussion but preferred not to go around the table. Planning Director Nielsen stated the normal procedure is to have a motion, a second, and then further discussion before a vote is taken. Chair Turgeon preferred more discussion rather than the need to hurry and make a motion without enough discussion. Chair Callies discussed the need for civility and order. Planning Director Nielsen discussed the meeting minutes. He stated what is done should be recorded rather than what was said. Commissioner Turgeon was concerned about concerns being raised without any response. . Commissioner Anderson asked what kind of feedback the residents are giving staff. Planning Director Nielsen stated it is more a case of what happened at a meeting and having to find it in the minutes. Commissioner Anderson stated we need to look at who is using the minutes. It is important for the user to get what they need. Chair Callies believed the minutes have been rather abbreviated. Recording Secretary Link discussed her experience with minute taking and how it varies from city to city. Council member Lizee discussed the purpose of minute taking. . Commissioner Anderson discussed his concern about having two recording secretaries for the Planning Commissioner. Planning Director Nielsen stated the worksession is much more difficult to record, but it is important to record who spoke from the public at the regular Planning Commission meeting. Commissioners discussed the previous meeting's minutes. They stated they would give the recording secretary feedback at the next meeting. APPROVAL OF MINUTES Planning Commission Minutes - August 3, 1999 STUDY SESSION PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 3 Bailey moved, Turgeon seconded a motion to recommend approval of the minutes of August 3, 1999 as amended: Page 3, 5th paragraph, "lawnmowers and other 28Soline-ooerated equipment ~; Page 4, add to Motion: a retaining wall be placed on both sides of the driveway, and the old driveway be filled and landscaped; Page 4, paragraph before the motion: concerned is spelled incorrectly; Page 6, 4th paragraph: Mr. Schuelefs first name is spelled "Karl"; second sentence, same paragraph, "snow" instead of "show;" Motion passed 6/0/1. Commissioner Anderson abstained from voting. Commissioner Anderson asked if this is how it now appears in the Comp Plan. Planning Director Nielsen stated this is how it will appear in the new Comp Plan. Planning Director Nielsen reviewed the wetlands and shoreland map. Commissioner Anderson asked if there are many wetlands that are not wetland conservation wetlands. . Planning Director Nielsen stated all the city wetlands fall under the wetland conservation wetlands. He stated as of four years ago, the wetland conservation act was adopted into the Code and setbacks have been established. Commissioner Anderson asked if there is much dispute about the city-designated wetlands. Planning Director Nielsen explained how wetlands are recognized and eliminated as part of a development calculation. He noted that the WCA wetlands are less stringent than they previously were as far as replacement guidelines are concerned when compared with city-designated wetlands. Commissioner Anderson didn't believe the city should be more strict than the WCA. Planning Director Nielsen stated the only difference is that city-designated wetlands are subtraCted out when a development is calculated. Commissioner Anderson asked if similar cities operate the same way. Planning Director Nielsen explained how some cities will allow a density transfer. He believed Shorewood is as restrictive as it gets. PLANNING COMMISSION MINUTES AUGUST 17, 1999. PAGE 4 Commissioner Anderson asked if we have made many exceptions. Planning Director Nielsen discussed two occasions where exceptions were made. Commissioner Bailey questioned Item 4 in the summary. Planning Director Nielsen stated it is accurate. Commissioner Turgeon questioned Item 5 and suggested active enforcement be added. Planning Director Nielsen stated he recalled the conversation where it was discussed. Commissioner Bailey suggested adding "will continue to be actively enforced" after wetland code . in Item 5. Commissioner concurred. Commissioner Anderson discussed his concerns about ground water quality. He cited Item 20 on page NR-8. He stated he would like more language added that ground water is important to the City and that a plan is being developed with other regulatory agencies. Council member Lizee stated there are ordinances which will address many of Commissioner Anderson's issues. She asked if something should be added to the Comp Plan. Planning Director Nielsen stated it would be an appropriate location to add a section on ground water quality after NR -16. He stated he will draft something up for future review. Commissioner Bailey suggested re-titling the surface water section to encompass both surface and ground water. . Planning Director Nielsen suggested titling it "Water Resources." Commissioner Anderson asked if anything needs to be added to discuss other forms of retaining drainage waters other than NURP ponding. Planning Director Nielsen discussed the ineffectiveness of NURP ponds in developments. He suggested the development of a watershed fund. He stated a storm water management plan is in the development stage as well. Commissioner Turgeon suggested the first sentence in the second paragraph be made into two sentences. Planning Director Nielsen agreed to make the change. . Community Facilities PLANNING COMMISSION MINUTES AUGUST 17, 1999. PAGE 5 Anderson moved, W oodrutT seconded a motion to recommend approval of the Natural Resources section subject to review of the water quality additions. Motion passed 7/0. Planning Director Nielsen stated the majority of information in this section is Council decision rather than Planning Commission discussion. He stated the biggest change has to do with city water. He stated it isn't the purpose of the Comp Plan to provide city water, but the city will try to get water to anyone who wants it. He stated 100% is no longer needed to supply services to a neighborhood. He stated Planning Commission comments were taken into consideration. . Commissioner Woodruff noted "planning" is spelled incorrectly on page CF-6. She was concerned about the acquisition of land language on page CF-7, Item 7. Planning Director Nielsen stated it doesn't preclude the city from acquiring land. Commissioner Anderson asked if other cities have water systems that would permit a future "South Lake" water system. Planning Director Nielsen stated there are interconnect possibilities between cities, but it doesn't work to "open all the valves" and call it one system. He stated there have been cooperative efforts but have stopped short at combining the systems. He stated there are relatively drastic differences in the systems. . In response to a question from Commissioner Anderson, Planning Director Nielsen discussed the differences between the sanitary sewer systems in the neighboring cities. He also discussed other cooperative efforts between cities. Commissioner Turgeon asked if the map on page CF-25 should be updated to include the shelter at Freeman Park. Planning Director Nielsen stated it is close enough to not need updating. Commissioner Anderson discussed the expansion of school facilities. Commissioner Skramstad noted pages CF-16 through CF-20 are not included. Planning Director Nielsen noted they are all backs of maps. Commission Skramstad asked if there needs to be something included about the municipal liquor store. Planning Director Nielsen believed it is a separate operational issue rather than under community PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 6 facilities. Commissioner Bailey asked on CF-31 on the second to last paragraph, the 1994 date should be amended in some way. Planning Director Nielsen stated the entire sentence would be revised. Commissioner Collins suggested the last sentence in the last paragraph on page CF-14 be amended, and the percentage be removed. Council member Lizee stated the last sentence is important. It would depend on what a super- majority is defined as. Commissioners concurred the percentage should be removed. Turgeon moved, Bailey seconded a motion to recommend approval of the Community . Facilities/Services Plan. Motion passed 7/0. The Planning Commission recessed at 8:30 p.m. and reconvened at 8:39 p.m. - Housim! Planning Director Nielsen discussed the format of the Housing Chapter. He discussed suggested goals for the chapter, a number of which were identified in the LMACC Housing Report Programs are available for all the cities, but they won't all be used. Policies, however, will vary from city to city. There is a list of possibilities the city can choose. The intent will be to pick what will work for Shorewood. He discussed housing goals. He stated there isn't a lot of opportunity available, because Shorewood is 90% developed. We need to look for areas that might be available for other varieties of housing. In terms of affordable housing, the City will focus on housing for seniors. This will provide housing that doesn't presently exist. This will provide housing and create a . vacuum effect and provide housing for starter homes. He stated he doesn't see Shorewood making drastic changes in their zoning code and changing lot sizes. He stated areas of further study have been identified where higher density could be allowed. Commissioner Anderson stated we have a pretty well established pattern of housing. He believed the homes already here should be protected by having safe communities, good services, and good school systems while protecting the values. Planning Director Nielsen stated if there is no interest, then the second goal can be removed. Commissioner Skramstad stated Met Council might be concerned about that. Planning Director Nielsen stated Met Council is more interested in a variety of housing. He stated the current issue is the idea of dispersing affordable housing throughout the region. They don't have any way of making cities do that. Their Livable Communities Act is there for cities to be or not be PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 7 a part of. Shorewood believed it would be better to recognize cities need to share in this issue and what they can do to reach these goals. It's intended to be a cooperative effort. Commissioner Anderson asked at the current development rate, what percentage would be developed within five years. Planning Director Nielsen stated he hasn't done any projections yet. A lot of what is left to develop isn't in large chunks. The last of the larger tracts would be developed within five years, but there aren't many of them left. He stated there are also redevelopment opportunities. Commissioner Anderson asked how we should approach this chapter this evening. . Planning Director Nielsen stated a goal statement should be developed. Housing issues should also be developed. Chair Callies asked how Shorewood should identify the 10% that is left and how to make the most of what is left. Planning Director Nielsen discussed the cost of land vs. the cost of a house on a lot. He stated there is a percentage of affordable housing in Shorewood. He stated he doesn't see Shorewood doing a lot of new affordable housing. Commissioner Turgeon didn't believe the remaining tracts of land are large enough for affordable housing. . Planning Director Nielsen stated if any opportunity for affordable housing exists, it would be senior housing. Commissioners discussed housing in Shorewood. Planning Director Nielsen stated Shorewood has historically gone for less density. Chair Callies stated that one of the goals should be to decide that we want to develop the last 10% rather than actually state what should be done. Planning Director Nielsen stated the land use plan identifies the development areas. He discussed housing varieties. Commissioner Bailey stated he likes the housing issues as stated. Planning Director Nielsen discussed the housing issues. He believed the housing maintenance issues are self correcting. He discussed the character of existing neighborhoods, variety of housing types, senior housing, and affordable housingllivable communities participation. The goal would PLANNING COMMISSION MINUTES AUGUST 17, 1999 . PAGE 8 be to focus on the housing we already have. Commissioner Anderson asked how many rental properties there are. Planning DireCtor Nielsen stated there are 100 rental units. Commissioner Collins asked if there is any site housing in Shorewood. Planning Director Nielsen stated he isn't aware of any in the city. Chair Callies suggested each person writing a couple goals. Planning Director Nielsen stated the LMACC report identifies a number of policies which can be . included. Commissioner Anderson stated values should be maintained as a goal. Planning Director Nielsen stated goals are broader, and property values would be objective. Chair Callies suggested a goal could be to maintain the variety of housing options existing to meet the needs of a varying population and explore opportunities to broaden the variety of housing where appropriate. Planning Director Nielsen and commissioners discussed additional goals. It was noted the first goal would be revised to "provide safe, healthy and affordable housing..." Planning Director Nielsen stated his intent is to look at the LMACC report to develop objectives. Chair Callies suggested commissioners pick out some policies they like. . Planning Director Nielsen stated it would make his job easier. Planning Director Nielsen stated under the 1995 Plan, there are several areas which identify senior housing. He discussed objectives of the senior housing program and how seniors could be allowed to remain in their homes. He discussed locations for senior housing. He stated the study identifying the sites needs to be updated and sites where zoning would apply could be selected. He stated the ordinance currently in place should remain. Chair Callies questioned why there is a senior housing ordinance. Planning Director Nielsen stated without the ordinance, senior housing won't happen. He explained the lesser impact of senior housing on a community. 2. MATTERS FROM THE FLOOR .. PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 9 Commissioners discussed senior housing in Shorewood and whether the ordinance should be done away with. Commissioner Turgeon stated it should be allowed; it should happen when it is needed. Commissioner Bailey believed it isn't mandating senior housing. It is just letting it happen when needed. Commissioner Collins stated he would prefer senior housing. Planning Director Nielsen asked if land should be zoned for senior housing. . Chair Callies stated she would prefer to zone it for multiple. Planning Director Nielsen stated objective f should be removed. Planning Director Nielsen discussed senior housing issues. He also discussed language in the 1995 Plan under senior housing and recommended additions and deletions. He stated a site analysis study needs to be updated and neighborhood input gathered. Planning Director Nielsen stated he would like commissioners to identify goals and objectives they like in the LMACC report. . Commissioner Turgeon asked if the Planning Commission would ever see the July 20 minutes. She asked if cheat sheets would be provided prior to the neighborhood meetings for the Comp Plan. Planning Director Nielsen stated they would be provided prior to the end of the month. He suggested they read up on the chapter summaries. The cheat sheets will state what has changed between the 1995 plan and this plan. Commissioners discussed the dates and when they could attend. Commissioner Turgeon asked if the aerial proposal passed. Council member Lizee discussed recent City Council actions. The APT proposal was discussed, and the Planning Commission recommendation was approved. Council member Lizee stated the LR District was approved with minor changes. Council member Lizee stated a resident is looking for the Council's impression on how they would vote on establishing a flag lot. The resident does not want to get a survey because of the cost. .. ~ PLANNING COMMISSION MINUTES AUGUST 17, 1999 - PAGE 10 Council member Lizee stated the Sensible Land Use Coalition is having a meeting on Wednesday, August 28 on land uses. Commissioner Anderson is the next liaison to the City Council meeting. 3. DRAFT NEXT MEETING AGENDA Items for the next meeting include: setback variance bluff variance conditional use permit for accessory space on Shady Island 4. REPORTS . 5. ADJOURNMENT Anderson moved, Collins seconded adjourning the meeting at 10:10 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED. Clare T. Link Recording Secretary . -- c,.. " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128' www.state.netlshorewood' Cityhall@ShOrewood.state.net MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 9 September 1999 RE: Christmas Shore - Vacation of Easements FILE NO. 405 (98.08) During the platting of Christmas Shore, the developer pointed out that a number of old easements would ultimately have to be vacated at some time in the future. Winthrop & Weinstine, attorneys for Keith Waters and Associates, Inc., have now requested the vacation of six easements as noted in their letter (Exhibit A), dated 12 April 1999. The locations of the easements are shown on Exhibit B. Staff has reviewed the easements and have noted concerns with certain of the easements. Following are recommendations for each of the easements: . 1. Although this one is somewhat redundant with the new easement dedicated as par of the plat, vacation is not recommended. The old sewer line mayor may not be centered on the new easement. . 2. If the old sewer line has been abandoned, consistent with the City Engineer's recommendations, the easement may be abandoned. 3. Vacation is recommended. The easement has been replaced with dedicated right- of-way and deeded property. 4. This easement coincides with land owned by MNDOT. Vacation is recommended. 5. Same as No.2. above. I ,. A.. ft \.J PRINTED ON RECYCLED PAPER 'c . . . Memorandum Re: Christmas Shore - Vacation of Easements 9 September 1999 6. Same as Nos. 2. and 5. above. Staff will research the easements further. If questions can be resolved before Monday night's meeting, a draft resolution will be prepared and distributed at the meeting. Otherwise, it may be necessary to table the matter to the next meeting. In any event the public hearing should be held and testimony should be taken on Monday night. If you have any questions relative to this matter, please do not hesitate to contact me prior to the meeting. Cc: Jim Hurm Larry Brown Tim Keane Keith Waters Joanne Matzen -2- . fR. - n i. li7 1-= -:- .nl~ !r- IS; Ii \.\1 :l=. 1'~ UI""Ui\'!;;"'...r."-' - -::;: ;: ; it ~ir' ApR -I 3 leGe .\. Iii \, .' '..1. ,."...... Y iu II '- - ! \By =- WINTHROP & WEINSTINE A PROFESSIONAl. ASSOCiAnON moMAS A. wAlKER stlZANNE M. SPEIJ.,ACY TREVOR V. GUNDERSON JOHN C. HOLI'ER M. CA:IlfElUllE POWEU. S'IEVEN E. tlHR. lIl'PANY A. BLOl'lEIJ) ANDREW D. PUGH RYAN IC. CllAnlE NANCY L. MOERSCH BEm GiRS11!INTIMM AUDREY L SANISLO JULIE A. SILVEllMAN LAURA. A.1'fEII'l'I!R CRAIG s.JOUJMMEN Cl!IJS$1EJ. TAnOR lIICHARD w. BLACK MAlIK L PlUVRA'ISKY PHIUP LMAHOWALD NORMAN L. JONES m SHER."MN WINTHROP ROBERI' a. WEINSTINE RICHARD A. lIOEL ROG1!R D. GORDON S'I1!VCN C. TOUREK S'IEPIlEN J. SNYDER MAIMN C. INGBER IIART KtlU.l:R DAVID P. PEARSON moMAS M. IIART IV DARRON C. KlIUTSON JOHN A. KNAI'P IC. CRAIG WIIJlfANG M1C1EIJ! D. vAILLANCOURT DAVID E. MORAN. JR. DONALD J. BROWN JON J. 1l0000'lSON SANDRA J. MAl!TIN TODD B. UR.'lESS 1IM0'llIY M. sAR/lETl' SCon' J. DONGOSU PETEll J. GL!EJtS. SDwA1lD J. DaerrrEL JmREY R. AIISEL LAURIE A.lClf(lCCE UDYO w. GROOMS MAlUC 1: JOllNSOlC BROOKS E POL."Y moMAS H. BOYD DANIEL C. BECK CRIC J.lIYS'I'IOM JO"'_ L. MAl%EN l'A11UlX w. WEIlI!ll PAUL W. MAlUCWAIIIlT CRAIG A. BRA.'IIll" JAMES w. DII!IIICING TIIEIlESE M. MAIISO MEUSSA A. GIIANf ClIRISIOPIIEIl W. MADEL .JEPI'IlEY L. LEC.i\lC AttonrtyS I111Ii CD~ at Law 3200 Minnesota world nade Center 30 Easl Seventh Sa-eet Saint PauL MinncSOt& 55101 Telephone (651) 290-8400 Fax (651) 292-9347 3000 Dam Rauscher Plaza 60 south Sixth Sa-eet Minneapolis. MinneSOfa 55402 Telephone (612) 347-0700 Fax (612) 347-0600 jm:uzen@winthrop.com Dir<<t Dial (612) 347-0641 .Rlply to Mi,,:neapolis April 12,1999 . City of Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Attn: Brad Nielsen, Planning Director Re: Correction of Title for Christmas Shore Dear Mr. Nielsen: KARL E. ROBINSON JONAlllA.'1 W. J. ARMOI.1R' DANIEL S. SCllLECK JOHN C. 5IC."MN DANIEL G. Cl.lRllELL JUU C. I'RAtZ1Cl! JONAnlA.'1 WILLIAMS ClIARI.ES J,SCHQENWErl'!!R lWnI!l A. HALl.E1T ANDREW C. TRIGGS JOSEPH l! aOGERS JASON L BROWN JULIE "''IN l'ISHEL INGRID N. NYBERG JOSEPH S. flUEDBERG o{o.-t -only admitted 10 ptaalce in WIsconSin This office represents Keith Waters & Associates? Inc. in connection with the correction of title to the lots within the plat of Christmas Shore (the "Plat") which was filed of record last fall. The following easements of record in favor of the City ofShorewood should now be redundant due to the drainage and utility easements granted on the Plat (collectively, the "Shorewood Easements"): . ~ ,J. Easement for sanitary sewer purposes, recorded as Document No. 4006610; i. Easement for underground sewer pipeline and mains for surface manholes, recorded as Document No. 4054173; 3. Easement for public roadway and underground electrical purposes, recorded as' Document No. 5138523; 4. Easement for right-of-way purposes, recorded as Document No. 1099790 (in favor of the Town of Excelsior?); 5: Easement for sanitary sewer purposes, recorded as Document No. 1065772; 6. Easement for underground sewer pipeline and mains for surface manholes, recorded as Document No. 1083021. Because _ the property is Torrens, however, these easements continue to be memorialized on the Certificates of Title for the Christmas Shore lots. ~~b;t A City of Shorewood April 12, 1999 Page 2 Because of other title issues, we plan to commence a Proceeding Subsequent to the Registration of Title. In that same proceeding, we will ask the court to authorize the omission of the Shorewood Easements from the Certificates. To assist in that process, we would appreciate your reviewing your records to confirm that the Shorewood Easements are no longer necessary, at least for Lots 1,3,4,5 and 6. We have enclosed with this letter copies of the various Shorewood Easements for your convenience together with a copy of the preliminary plat and what I believe is an unsigned version of the final plat. (I am awaiting receipt from the tide company of a copy of the recorded plat). . Assuming that you are in agreement that the Shore wood Easements are redundant, we would propose that the City execute a Partial Release of Easements substantially in the form attached. We would appreciate your making any necessary changes to the signature and notary blocks and also confirming whether the City of Shorewood acquired the rights of the Town of Excelsior under Document No. 1099790. Please call me after you have had the chance to review the foregoing. Very truly yours, WINTHROP & WEINSTINE, P A. . Enclosures MPLl: 288875-1 ~'-Nr:-.; -rC 'r(I\G ~1'~.~' <5' ~ \;- ~r:~ . \ ,~/~' ,,''''..I \"" Preliminary Plat ;.......- ~; .- ~ ~ ~ "}". c.- <.1 :-~ () ~) KEITE v'1 ~ <.1 ,'> 4. '[3' (1 " .' " t) , .) ~ ~I ~i f . I", . 1 4-. . '" 4' :+, '\ "'~41.298:t sq.~ ~.:, ... a.~ _.. . ~~.. J'~ \. "'\.' lI':>"'a '\ ~.>> \ . .... '" .'\ '\. ~ cnN I.' W . 0(11 - j o. . ~:: 27-Jt ~ N89FS3-E /. J - --~-..--.-c.:::t, 1.36.27 S88"5722"E / \ "'g==- ~9 , C~ ... / t> ~~ .. ~~~~ -- r\~r:-.; -rC 'r(I\G ~1'~.~' 1'\., \ \,.. ,\~I. S'r' ~ ~J" 1("'0\ ~...'::~I !wi -'E. 'l..Ar '3-0 l' .0 - ~os // " Preliminary Plat ..,:;.\~ ~...} t,_,:!..\;,/..~\ f:',~_y/./;. () r4~~ 01 :r. \<~~;,i'f~ :;0 ..~j~6. \ h U1 ~~~i'~\ ,4.1 , ...-\ i"t....;. ~ \ ~ ; r~~!i ~:\ ,,~ry~ o ~ ,.,\....!" ........ -~ (j) h!~4;~ to' \ ...., i.r/,~ ~- r- ~K.riq :~ ~ ~.; \ os: -~ ,;,..: . "}";. c.. <.1 :~ () "{Y) KEITE v'l c.. ~ ~'> 4. l.~ (1 " .- ,.. t1 , .) .' j , 1 J j f l .~ ; . ~ ' ~f t" ! ~ 'C ,... . . CITY OF SHOREWOOD ORDINANCE NO._ AN ORDINANCE Al\IIENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS FOR THE L-R, LAKESHORE RECREATIONAL DISTRICT THE CITY COUNCIL OF THE CITY OF SHORE"VOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1, Section 1201.24 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: 1201.24: L-R LAKESHORE RECREATIONAL DISTRICT: Subd. 1. Purpose: This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the City which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this City and the providing of an opportunity for access to that facility is, in the opinion of the City, an adjunct of zoning by the City. Recognizing the primary residential nature of Shorewood, it behooves the City to subject such possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of such land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites. Subd. 2. Permitted Uses: The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in subdivision 8. below: a. Water-Harboring of Boats: At docks attached to land including limited related service facilities as hereinafter authorized, subject to an annual operating license which shall be issued only in accordance with the following standards and limitations. (Ord. 180,5-19-86) Subd. 3. Permitted Accessory Uses: The following are permitted accessory_uses in a L-R District: - a. Off-street parking as regulated by Section 1201.03 subdivision 5 of this Ordinance, and by Section 1201.24 subdivision 8.h. of this Section. b. One clubhouse building, not exceeding two thousand (2000) square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine- line equipment, soft drinks, prepackaged foods, shower and meeting rooms. c. One storage building, not exceeding one thousand two hundred (1200) square feet of floor area. I~.C. . . d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local fire marshal, the Pollution Control Agency, Department of Natural Resources, and other applicable agencies, and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of said yacht club. e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council. Subd. 4. Conditional Uses: The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 1201.04 of this Code.) . a. One (1) single-family dwelling used as a caretaker residence, provided that: (1) The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this Code. (2) The provisions of Section 1201.04, subdivision 1d(1) of this Code are considered and satisfactorily met. b. Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that: (1) The area is fenced and screened from view of neighboring residential uses or if abutting an R District. (2) Storage is screened from view from the public street right-of-way. (3) Storage is landscaped to provide a buffer from all other public rights-of- way. (4) Storage area is grassed or surfaced with pavement or class V, or the. equivalent, to control dust. (5) Landscaping is provided in compliance with Section 1201.03, subdivision 2g of this Code. . - (6) Lighting shall comply with Subd. 8.k. of this Section. (7) Except for winter storage of boats, storage area does not take up parking space as required for conformity to this Ordinance. . (8) The provisions of Section 1201.04, subdivision 1d(l) of this Code are considered and satisfactorily met. . . Subd. 5. Lot Requirements and Setbacks: The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this Ordinance: a. Lot area b. Lot width c. Lot depth Not less than 60,000 square feet Not less than 200 feet Not less than 150 feet d. Setbacks: (1) Front yard (2) Rear yard Not less than 35 feet Not less than 50 feet (from the ordinary high water mark) (3) Side yard (a) Prom residential (b) From nonresidential (4) From public right-of-way other than street Not less than 50 feet Not less than 15 feet Not less than 10 feet Subd. 6. Building Requirements: a. Height: The clubhouse structure shall not exceed two and one-half (2 1/2) stories or thirty five feet (35'), whichever is less. Other accessory structures shall not exceed one (1) story or fifteen feet (15'), whichever is less. Subd. 7. Application Information Requirements: The following information is to be submitted to the City for consideration of rezoning to L-R, Lakeshore Recreational District: a. The landowner's name, address and interest in the subject property. b. The applicant's name and address if different from the landowner. c. The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor. d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up,.to-date certified abstract of title or registered property report,. and such other evidence as the City Attorney may require to show the status of title or control of the subject property. e. Legal description of property upon which proposal is to be located. f. Written description of proposed operation and use. g. Site plan similar in detail to a preliminary plat drawn to a scale of one inch to twenty feet (1" = 20'), and which site plan shall disclose the following: (1) Dimensions of the site. (2) Location and dimensions of all present and proposed buildings. (3) Location and dimensions of land recreation facilities. (4) Road entrances and exits. (5) Access roads and their design/construction standards. (6) Location of parking and traffic flow. (7) Location and design of screening. . (8) Location and design of lighting. (9) Detailed landscape design and planting plan specifications. (10) Drainage. (11) Location and dimensions of authorized related services. (12) Signs. (13) Lakeshore footage. . (14) Location, shape, design and dimension of docks, in compliance with LMCD approvals. Each dock shall be numbered and there shall be indicated whether one or more than one boat shall be harbored within the designated dock. . (15) Location and description of boat dock canopies. (16) Flow of boat traffic. (17) Location of any proposed boat ramp. (18) Zoning of property within five hundred feet (500') of the site. (19) Location and design of trash collection facilities and access to same by trash collectors. (20) Interior design and use of the building shown on the plan. (21) Other items peculiar to the facility. . . h. A written statement describing how the property is to be designed, arranged and operated in order to be compatible with adjacent residential properties, including but not limited to: (I) General compatibility and impact upon surrounding living environment. (2) Air and water quality. (3 ) Wetlands. (4) Noise. (5) Traffic. (6) Boat harboring and lake use. i. A description of use for which all buildings on the property will be used. j. Copies of approvals received from State, regional and other agencies who have or claim jurisdiction over the proposed use, or names of agencies to whom applicants . propose to request and obtain approval for operation as proposed. Subd. 8. Special and Specific Standards and Conditions: The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats. a. Site shall be located on a lake which has at least two (2) public accesses of at least fifty feet (50') in width located within the Shorewood City limits. No site shall be located closer than five thousand feet (5,000') as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility. b. All applicable State building and operational standards are complied with. c. The minimum number of slips to be authorized shall be ten (10); the maximum number of slips shall be consistent with the number of slips licensed ~y the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances. d. Minimum lakeshore footage required shall be two hundred fifty feet (250'). e. Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take' into consideration: (1) Traffic congestion. (2) Safety. (3) Proximity to homes in the area. (4) Excess parking available. f. Location and Construction of Docks: (1) Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake: For that portion of the length of the dock which extends from the shore The setback shall be: Zero to 50 feet 10 feet 50 to 100 feet 15 feet . 100 to 200 feet 20 feet (2) Dock structures shall extend into the water no more than two hundred feet (200') as measured from the point the dock touches the shoreline. (3) Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of forty (40) pounds per square foot, and a maximum deflection of 1/180 of span shall be required. (4) Dock structures shall comply with the requirements of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended. . g. Restriction on Use of Land: (I) Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with subdivision 4. of this Section. (2) No outdoor storage of other items shall be permitted. (3) No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility. (4) No license for dispensing of intoxicating liquor or non-intoxicating malt liquor shall be issued for the property. (5) No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and guests accompanied by members, but in no case shall meals be offered for sale to the general public. h. Parking, Roads and Driveways: (1) One motor vehicle parking stall, computed at the minimum size of three hundred (300) square feet, shall be provided for each authorized boat slip. (2) No parking shall be permitted within fifty feet (50') of the ordinary high water mark. (3) Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of twenty two feet (22')of driving surface. . (4) All access roads and driveways shall be surfaced with a permanently dust-free surface; the proposed facilities, including roads, driveways and parking areas shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least forty feet (40') measured from the edge of the street pavement. (5) No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights-of-way or public access driveways. . i. Screening: Where a use abuts an R-IA through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of Section 1201.03, subdivision 2.g. of this Ordinance. j. Signage. The total number of signs allowed on the site shall be two (2), one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed twenty (20) square feet in area each, nor more than eight feet (8') above grade. No sign may be erected without the approval of the City Council. k. lllumination: Any lighting used to illuminate an off-street parking area, other area, or structure, shall be arranged so as to deflect light away from any adjoining residential use, the lake, and from the public streets. Direct or sky- reflected glare from. floodlights shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. No light or combination of lights which cast light on residential property, the lake, or the public right-of-way shall exceed four-tenths (.4) foot- candles (meter reading) as measured from the properrj line and 250 feet from the shoreline. 1. Noise: Noises emanating from any use shall be in compliance with and regulated by the _ State of Minnesota Pollution Control Standards, Minnesota Regulations NPC, as may be amended. m. Drainage: No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer. . n. Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District, and appropriate State agencies shall be demonstrated and filed with the City. Subd. 9. Application Evaluation: . a. Upon receipt of an application containing all of the information enumerated in subdi vision 7.hereof, the City Council shall review the same. b. If, in making the review, the Council finds: (1) That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon: (a) The natural environment. (b) Public health, safety- and welfare. (c) The possible infringement on the public rights to use the public water. . (d) Any unreasonable infringement or restrictions on the use of existing adjacent residential areas. c. If such a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must be approved: by the Council prior to the commencement of the study. d. The applicant shall, prior to the commencement of the study, deposit with the City Clerk that sum of money the Council deems necessary to pay for the cost of such a study. e. The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration. f. The environmental study shall be waived by the City Council in the event such a study is ordered by the Minnesota State Environmental Quality Board. (1) The environmental study report, and g. The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration: (2) The effect the proposed development may have upon the public health, safety, welfare or public right to use the public water. Subd. 10. Licensing of Facilities Authorized Hereunder: a. Upon granting of a rezoning pursuant to this Ordinance, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council. . (1) An application for a license must be submitted to the Zo.ning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year. (2) The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council. (3) Renewal of the license shall be granted only provided the operation.is in conformance with the terms of the conditional use permit. . b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than ten percent of the issued and outstanding stock of the corporation will be deemed a transfer of the license. c. An application for a license shall be accompanied by a plan, prepared by the applicant, setting' forth a procedure providing that seasonal rental 'or-available or unrenewed slips shall be first offered to the City of Shorewood residents. d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With exception of power boats necessary for the operation of the facility, water harboring of boats on any site located in Gideon's Bay shall be limited to sailing boats only. ATTEST: Woody Love, Mayor Subd. II. Termination Procedure for License Previously Issued: a. If upon inspection by the representative of the City Council, it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license: (1) The licensee shall be informed of such violation in writing by the Zoning Administrator. (2) The licensee shall be notified it has twenty (20) days to correct the violation. (3) If the violation is not corrected within said time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council. . b. Failure to have a valid license in force shall be prima facie evidence .of a violation of this Ordinance. Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13m day of September, 1999. . James C. Hurm, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 9 September 1999 RE: Dickson, William - C.U.P. FILE NO.: 405 (99.10) . At its 23 August meeting the City Council directed staff to prepare a resolution approving a conditional use permit allowing Mr. Dickson to build a detached garage at the rear of his property. In the process staff was asked to reexamine the location of the proposed driveway that will serve the new garage. Some interest was expressed in keeping an existing driveway as acce"ss to the new building. Upon further inspection of the site, it was discovered that the existing driveway is not on Mr. Dickson's property. As-a consequence it must be moved at least five feet north of his southwest property corner. The driveway proposed by Mr. Dickson will be approximately 10 feet north of his comer. The only remaining question involves the restoration of the existing driveway area. The resolution prepared by staff includes a provision that Mr. Dickson obtain permission from the property owner to the south to work on his property. - If you have any further questions relative to this matter, please call me prior to Monday night's meeting. Cc: Jim Hurm Tim Keane Larry Brown William Dickson :If~o. ft ~J PRINTED ON RECYCLED PAPER FINDINGS OF FACT CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO WILLIAM DICKSON WHEREAS, William Dickson (Applicant) is the owner of real property located at 26245 Birch Bluff Road. in the City of Shorewood, County of Hennepin. legally described as: and "Lots 1, 2 17, and 18. Block 1, Mann's Addition to Birch Bluff, Hennepin County"; WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS. the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1353 square feet; and WHEREAS. the Applicant's request was reviewed by the City Planner. and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 July, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 August 1999, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 23 August 1999, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the total area of accessory space (1353 square feet) does not exceed the floor area above grade of the principal structure (1710 square feet). 2. That the Applicant's lot contains approximately 34,708 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-INS Zoning District in which it is located (4,000 square feet). - 3. That design and materials of the garage are compatible with the architectural character of the existing home. -2- . 4. That the proposed garage complies with all setback requirements for the R-INS District. CONCLUSION 1. That the application of William Dickson for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. . 3. That the City Administrator/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 13th day of September 1999. Woody Love, Mayor . ATTEST: James C. Hurm, City Administrator/Clerk . . CITY OF SHORE WOOD RESOLUTION NO. 99- A RESOLUTION SETTING THE 2000 PROPOSED GENERAL FUND BUDGET AND THE PRELIMINARY 1999 PROPERTY TAX LEVY COLLECTIBLE IN 2000 WHEREAS, the City staffhas presented to the City Council the proposed 2000 General Fund Budget and the 1999 property tax levy collectible in 2000; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 2000 budget and preliminary property tax levy for 1999, collectible in 2000, to the County Auditor by September 15 of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The 2000 Proposed General Fund budget is hereby set at $2,907,240.00. 2. The following sums be levied for 1999, collectible in 2000, upon taxable property in the City of Shorewood for the following purposes: General LeVy Special Levy Total Gross Levy Less: HACA Net Levy - General Fund $2,341,009.00 22.668.00 2,363,677.00 (426.898.00) $1.936.779.00 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. 1999. ADOPTED by the City Council of the City of Shorewood this 13th day of September, ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHORE WOOD RESOLUTION NO. 99- A RESOLUTION SETTING TRUTH IN TAXATION PUBLIC HEARINGS ON THE PROPOSED 2000 BUDGETS AND THE 1999 PROPERTY TAX LEVY COLLECTIBLE IN 2000 WHEREAS, Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies, and to publish notice of said public hearing to achieve truth in taxation, and, WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and, WHEREAS, it is the intention of the City Council to comply with such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 2000 Municipal Budgets and the property tax levy for 1999, collectible in 2000, be held on Monday, December 6, 1999, at 7:15 p.m., or as soon thereafter as possible, and a continuation hearing, if necessary be held on Monday, December 13, 1999, at 7:15 p.m., or as soon thereafter as possible, at the City Hall, and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED by the City Council of the City of Shore wood this 13th day of September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR BRYAN T. LITSEY Chief of Police Office (612) 474-3261 Fax (612) 474-4477 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331-1931 MEMORANDUM TO: Jim Hurm, Shorewood City Administrator . FROM: Bryan Litsey, Chief of Police DATE: April 27, 1999 - Tuesday RE: Snowmobile Activity Report . Officer Jeff Keller has completed his Shorewood Snowmobile Activity Report for the 1998-1999 season and once again done a good job. I have attached his report for your review and dissemination to other interested parties. I have also included the supporting data from our internal records, with the names of juveniles blocked out for confidentially reasons. It should be noted that two state funded grants were used to help supplement the overtime costs associated with the increased snowmobile enforcement in Shorewood. These were the DNR Grant and the COPS Overtime Grant. Due to the limited snow this season, we were allowed to use the money left over from the DNR Grant to purchase a snowmobile trailer. I have been asked to be present at the Shorewood Park Commission Meeting on June 8, 1999 and the Shorewood City Council Meeting on June 14, 1999 to discuss snowmobile issues. I have marked these dates on my calendar and plan to be present. Please let me know if you would like anything further concerning this matter. Se,-,ing the South Lake Minnetonka Communities "f Excelsior, Greenwood. Shorewood and Tanka Bay '* 1 b 'I. ., SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 Bryan T. Litsey Chief of Police Office (612) 474-3261 Fax Line (612) 474-4477 M-E-M-Q-R-A-N-D-U-M TO: Chief Litsey FROM: Officer Jeffrey W. Keller DATE: 22 April 1999 . RE: Snowmobile Activity in Shorewood I have compiled the information you requested regarding snowmobile activity in Shorewood. have also attached my 1998-99 Snowmobile Season Activity Report. When we began the snowmobile patrol program. Jim Hurm asked that I keep this report. I have been doing so every year since. I have also attached the raw data for Shorewood should they want anything further. This report summary contains Shorewood data only. The numbers shown in the DNR Grant will be higher because all four cities were included. · Officers spent a total of 162.78 hours on snowmobile activities in the city. . There were 26 snowmobile complaints called in over the radio. . Seventy-four kids completed snowmobile safety training. . Tickets Operate where prohibited Speed Curfew No safety certificate Person under 14 crossing trunk highway False info. to police Total citations '"l .) 13 13 1 Written Warnings Headlight 1 Registration 3 Speed 1 Total Warnings 5 1 1 32 1998-99 Snowmobile Season Activity Report -First appreciable snow fell on 1 JAN 99. 8 JAN 99 17:38hrs. to 23:45hrs. Patrolled LRT with Officer Staaf and Reserve Officer Etshokin. Reserve Officer Etshokin lent his personal snowmobiles to us for patrol use. Bitterly cold with temps hovering around 16 degrees below zero. Snowmobile traffic very light, trail in good condition. Two snowmobiles stopped for speeding (43mph and 63mph). 9 JAN 99 17: 1 Ohrs. to 23:45hrs. Patrolled LRT with Officer Jorgenson. Borrowed Etshokin's snowmobile for the night. Very cold. Temperature around 10 degrees below zero. Snowmobile traffic light, trail in good condition. One snowmobiler cited for speed (38mph). . 10 JAN 99 12: 15hrs. to 17:20hrs. Patrolled LRT with Officer Neuberger. Borrowed Fire Department snowmobile for the day. Trail in good condition, snowmobile traffic light to moderate. Temperature right around 8 degrees below zero. Vikings play-off game at 15: 15hrs.-traffic fell off after the game started. One snowmobiler cited for speed within 30 feet of pedestrian (24mph). The operator and her boyfriend were very upset over being ticketed. Informed us that what we were doing was "chicken shit." Cited another snowmobiler for speed (43mph). Also cited a twelve year old for no snowmobile safety certificate. His mother was summoned to the scene to take the snowmobile home. 13 JAN 99 14:32hrs. to 22:40hrs. Patrolled alone. Officer Neuberger stopped out where I was working when he was able. Snowing several inches over last 24-48 hours. Trail in excellent condition. Temperatures in single digits. Light levels of snowmobile traffic. Two snowmobilers cited for speed (37mph, 46mph). . 22 JAN 99 19:10hrs. to 23:45hrs. Snowmobile patrol with Officer Rusch and Reserve Officer Etshokin. Trail and weather conditions excellent for snowmobiling. Traffic very light this evening. Stopped at a residence along the trail and gave verbal warnings to a family who was allowing their children to operate snowmobiles on their own property in an unsafe manner. Problem solved. 9 MAR 99 12:00hrs. to 15:35hrs. and 18:15hrs. to 23:35hrs. Snowmobile patrol with Officer Staaf. Record setting snowfall yesterday (16inches). Trail in good condition, heavy levels of traffic. Temperatures moderate. Five speeding tickets issued (38, 39, 39, 46, and 50mph). Three tickets issued for curfew. Two written warnings issued for registration and speed. One snowmobile driver blew a WARN on the Alco-Sensor. Assisted two lost and one stuck snowmobile operators Gideon's Bay, north of the Timber Ln. access point. Many trail maps containing ordinance information passed out. COMPLETION REPORT Complete and return by May 1, 1999 to: Snowmobile Safety Enforcement Grant DNR - Enforcement 1601 Minnesota Drive Brainerd, MN 56401 . . 3. Snowmobile Accidents a. Number of Non-fatal Snowmobile Accidents Reported to Your Agency b. Number of Fatal Snowmobile Accidents Reported to Your Agency o o Form 80-002 SNOWMOBILE SAFETY ENFORCEMENT GRANT COMPLETION REPORT FY99 (July 1, 1998 to June 30, 1999) Agency: South Lake Minnetonka Police Department Date: 2 1 A P R 99 A. OPERATIONS REPORT 1. Personnel Snowmobile Safety Enforcement Hours Worked by Agency Officers 11 . 2. Snowmobile Enforcement a. Public complaints (Snowmobile Related) b. Arrests/Summons (Snowmobile Related) c. Number of Alcohol Related Arrests (SWI, Reckless & Careless) d. Number ofIllegal Operation Arrests (Speed & Operate on Roadway) 34 46 o 25 4. Cooperative Activities . a. Include a narrative on the Snowmobile Training and Education Projects/Efforts that your Agency accomplished or participated in during this fiscal year. See attacned narrative. b. Include a narrative on your agency's participation in DNR Snowmobile Task Force activities during the past fiscal year. See attached narrative. B. FISCAL REPORT GROUP 1 PERSONNEL Personnel Number: Agency Funds State Funds Total Cost Full -Time 11 $3,893.59 $546.48 $4,440.07 Part -Time ----- Sub- Total 11 $3,893.59 $546.48 $4,440.07 GROUP 2 SUPPLIES AND EXPENSES Itemized Expenses Agency Funds State Funds Total Cost Fuels $58.13 $0.00 $58.13 Uniforms $287.48 $0.00 $287.48 Parts $50.50 $0.00 $50.50 Sub- Total $396.11 $0.00 $396.11 GROUP 3 E UIPMENT Equipment (Itemized) 1999 Ski-Doo Snowmobile Snowmobile Trailer Agency Funds $5,175.00 $46.48 $205.00 $5,426.48 State Funds Total Cost $0.00 $5,175.00 $453.52 $500.00 $0.00 $205.00 $453.52 $5,880.00 Annual Radio Lease Sub-Total GROUP 4 TOTAL GRANT FUNDS Agency Funds State Funds * Total Cost Grant Total Costs $ 9 . 7 16 . 18 $ 1 , 000 . 00 $10 716. 18 * Total of State Funds must equal Amount of Payment on Agreement (Form SG-006). Keep a copy of this report for your records. "This is to certify that the State Funds requested were used only for the purposes set forth in Laws of Minnesota 1997, Chapter 216, Sec. 5, Subd. 8 and the information contained in this form is correct to the best of my knowledge." epared by Officer Jeff Keller Bryan Litsey, Chief of Police TELEPHONE NUMBER (612) 474-3261 B. Include a narrative on your agency's participation in DNR Snowmobile Task Force activities during the past fiscal year. A. Include a narrative on the Snowmobile Training and Education Projects/Efforts that your Agency accomplished or participated in during this fiscal year. Our department's approach to snowmobile safety was two-pronged. First, we offered snowmobile safety classes in November and January at the local community center and issued snowmobile safety certificates to 74 youths. While out patrolling the snowmobile trails, we passed out pamphlets listing the local regulations and gave out trail maps made available by the local snowmobile clubs. The other facet of our program was heavy enforcement. We issued 40 citations, 6 written warnings, and gave countless verbal warnings. . In a typical year, our department participates in coordinated enforcement projects with conservation officers from the Minnesota Department of Natural Resources and deputies from the Hennepin County Sheriff's Department Water Patrol Division. However, this was not a typical year. The first appreciable snowfall didn't occur until New Years Eve and what fell had melted by the third week of January. We received another 16 inches of snow on March 8_9th, however: it too had melted within just a few days. Our original plan was to use the entire sum of money received under the grant to fund overtime shifts, however, due to lack of snow and seasonal constraints we were forced to alter our plan. . We added a second snowmobile to our patrol fleet this year. This addition required that we purchase a trailer capable of carrying two snowmobiles (the trailer we currently use only holds one sled). Lt. Gerald Peterson, the DNR Grant Coordinator, approved the transfer of the remaining funds awarded to our department from personnel to equipment. We put the remaining dollars toward the purchase of a snowmobile trailer. We were able to acquire a trailer capable of carrying three snowmobiles from the Excelsior Fire Department at a reduced price. Registration Tues Chaska Resident 3/9/99 13:20 By: Officer Warning Given lRT & Strawberry lane SpeedlRegistration Tues Robbinsdale Resident 3/9/99 19:00 By: Officer Warning Given lRT & Wedgewood Headlight Wed Shorewood Resident 1/13/99 15:53 By: Officer Warning Given lRT & Wedgewood Registration Wed St louis Park Resident 1/13/99 1:45 By: Officer Warning Given lRT & Wedgewood Trepass Tues Excelsior Resident 12/29/98 16:00 . By: Officer Citation 19/5660 Curfew Wed Minnetonka Resident 3/10/99 23:30 By: Officer Citation lRT & Eureka Curfew Wed Shorewood Resident 3/10/99 23:30 By: Officer Citation lRT & Eureka Curfew Tues Cottage Grove Resident 3/9/99 22:12 By: Officer Citation lRT & Eureka Curfew Tues Chaska Resident 3/9/99 22:12 By: Officer Citation lRT & Strawberry . Curfew Tues Tonka Bay Resident 3/9/99 22:15 By: Officer Citation lRT & Strawberry Curfew Tues Shorewood Resident 3/9/99 22:05 By: Officer Citation LRT & Strawberry Curfew Tues Brooklyn Park Resident 3/9/99 22:19 By: OffICer Citation lRT & Strawberry Curfew Wed Stlouis Park Resident 1/13/99 1:45 By: Officer Citation lRT & Wedgewood Curfew Sun Delano Resident 1/24/99 22:25 By: Officer Citation Smithtown & lRT Curfew Fri Golden Valley Resident 1/15/99 0:04 By: Officer Citation lRT & 19 Page 1 Curfew Sat Spring Park Resident 1/2199 23:50 By: Officer Citation lRT & Wedgewood Curfew Sat Shorewood Resident 1/2199 23:50 By: Officer Citation lRT & Wedgewood Curfew Sat Shore wood Resident 1/2199 23:05 By: Officer Citation lRT & Wedgewood Speed Wed Excelsior Resident 1/27/99 19:14 By: Officer Citation lRT & Cathcart Speed Wed Shorewood Resident 1/13/99 18:27 By: Officer Citation lRT & Strawberry Speed Wed Mound Resident 1/13/99 19:42 . By: Officer Citation lRT & Wedgewood Speed Fri Mound Resident 1/8/99 19:56 By: Officer Citation lRT & Strawberry Speed Fri T onka Bay Resident 1/8/99 20:19 By: Officer Citation lRT & Strawberry Speed Sat Mound Resident 1/9/99 18:16 By: Officer Citation lRT & Strawberry SpeedJPed. Sun Mound Resident 1/10/99 14:12 By: Officer Citation lRT & Strawberry . Speed Sun St Paul Park Resident 1/10/99 15:30 By: Officer Citation lRT & Wedgewood Speed Tues Chaska Resident 3/9/99 22:34 By: Officer Citation lRT & Strawberry Speed Tues Minnetonka Resident 3/9/99 13:10 By: Officer Citation lRT & Strawberry Speed Tues Chanhassen Resident 3/9/99 13:20 By: Officer Citation lRT & Strawberry Speed Tues Eden Prairie Resident 3/9/99 19:23 By: Officer Citation lRT & Wedgewood Page 2 Page 3 Speed Tues Eden Prairie Resident 3/9/99 20:13 By: Officer Citation LRT & Wedgewood No Safety Cert. Sun Juvenile 1/10199 15:30 By: Officer Citation LRT & Wedgewood Operate Sm where Fri Juvenile 3/12/99 16:05 Prohibited Citation By: Officer 7 & Eureka False Info Given Fri Juvenile 3/12/99 16:05 By: Officer Citation 7 & Eureka Operate Sm where Fri Juvenile 3/12/99 16:05 Prohibited Citation By: Officer 7 & Eureka Under 14 Crossing Fri Juvenile 3/12/99 16:05 . Highway Citation By: Officer 7 & Eureka . ~ 8 - 9 pm 0 3 420 No snow 8 - 9 pm 0 0 170 Light dusting of snow 10-11am 0 1 110 % " compacted snow 7 - 8 pm 18 0 180 2 to 4" compacted snow 10:30 - 18 2 _50 About 4" of snow 11 :30 am compacted 10:30 - 11 4 330 4" compacted snow, 11:30 am well groomed 6:15 - 7:15 10 0 340 3 to 6" compacted pm snow, good condition 1:15 - 2:15 15 5 320 2 to 4" compacted pm snow, good condition 3:45 - 5:00 4 2 320 Compacted and icy pm 4:45 - 5:45 0 15 450 Wet, many bare pm spots, slushy 2:00 - 3:00 0 2 300 Ice covered, many pm bare spots 10:00 - 0 4 400 Muddy, ice covered in 11:00 am spots 11.75 hours 76 38 MEMORANDUM DATE: TO: FROM: RE: May 6,1999 Park Commission Twila Grout Snowmobile Trail Monitoring Completed for 98 - 99 Season The Trail Walks for the 98 - 99 snowmobile season have been completed. have attached copies of each trail walk report, as well as summarized the reports in the table shown below. . # # Trail Date Time Sleds Peds Tern Conditions 12/12/98 12/19/98 12/26/98 1/2/99 1/10/99 1/17/99 1/23/99 . 1/31/99 2/6/99 2/14/99 2/20/99 2/27/99 TOTALS 98/99 TraillVlonitoring Activity Report Dare~t!-. d?? /9qq Time: / ?)/i?() J4 II ~ /! i)(} 14 7/1 Observations on Noise, Speed Safety Property Damage: W tlLJ:>d -tto~ f~fl7'm ta7k:nd fh l____"7-kiJp//-XJ8 D~ t/Jf~ A~/XVl.R 51? , . o.ll- .<L./f/fJ,ti 7fft;U-;(..; ia ...tifLU.JJ &4,!.-,tLJ v/ .' n. J O:~O .,.~,r I.- . V./.)C) bo.qc .{,..;':/J7T'../ ''{'''L:'.:!~;'.;~f';E~.f'--' <!-'!.L/0 '/ ,/ i . _J ~ . r:' '- ..:::..J. J Z-~.~/'Z7.;~ ?' /(/):~~I tu . J ().' 3 0 ,~:?7 .. t:JJ{..b ./~/.../MVJ _6l/.A(I;-!t-e..4....1A Te ey.!-JL#A/? I V OU/~;'1 /~)~.4/ fj,A,t_iE r; ~ --:- ._~)-LW /I I I '" I ~o /c,....r.'1 (",/. ""'" j/- rr, .. CJLd r.:(,Ot-A;(~~ . # of Snowmobiles on Trail D Observer(s): ./ /Jt7PU:t~~ ~~~ . Trail Conditions: 1-1~ I .;1..1'1 fn.r...uArua AA<-' 4t:t::1li:~ (include snowfall, snow quality, grooming, etc.) / . 0 . .0 Weather-Temperature: ~J~ h W~, +4tJ Time: d'OtJ Ll f1 ti 3.'00 rJtf / r}~ # t:2 Observations on Noise, Speed Safety Property Damage: U . J'A./J7'X../ . .~ p JtA1/J.zJ~ r; fUJ) ;:&/kP- 1L/--f'l~t:V~ d rf.i::--t (//j!L. + h-l hA-d; ad ,e~. AI:vr~ .) kdt }__Ur'/,1 {1 ~ /9 oj ~ 20 -uudi /.~ J/J2. (/TT~~ wiD.! j~ df /J-CU-fL 11 ~ffb/ 98/99 Trail Monitoring Activity Report Date:~~ ~ZJ. /999 . . # of Snowmobiles on Trail {) Observer(s): d! tft~ ~ Trail Conditi~: ,u.R f.nr~ - ~ laM ~ (include snowfall, snow quality, grooming, etc.) . Weather _ Tempexamre: )~ -r- .300 . 98/99 Trail lVIonitoring Activity Report Date: ~ ) ~ J9QCj Time: 4:'~5.P11 zi 5.''/5 ;Jl1 Observations on Noise, Speed Safety Property Damage: CeJa!1d /~..;rJ ~ aill?l7A-J I2rntb ~J~{//Ii-bP.,J)O -fJ3ad6 / aJalk./../ 'tr~iL 1~bv~ '-1-; 55 g; turU)';.M-- d/dL ck9- CJ;(U ~ M 9f ~b-Uq 5( CJ() (/ t: . '. 4 C!1rJ--1,A/J-J k. f .A71Q.1w'.d:i.:tamu 5: .zo .5 r~N;<Jt .13~;t& 4c;7, 'off ~gk~ ~ aJotJ"k. 5~35 d //JaJ.t,,4i 'tr.ocJi.., ;g 1!&__oJ 6:/<1.5 A~ itad ~p d5--Ur:lxyad~oj ~.:J; u::tI .. . # of Snowmobiles on Trail '0 Observer(s): iJ ~aU/ ~ Trail Conditions: Nd 7Jf~ ~ ~ ~ (include mowfal~ mow quality, g ooming, et . . . - Weather-Temperature: JJ~ kaJU.l. ~p.J$D # of Snowmobiles on Trail J 98/99 Trail l\tIonitoring Activity Report nmd.J~ J, ;W<? Time: ~ " ~ 5 PH - ,5'OQ r:if . Observations on Noise, Speed Safety Property Damage: or ~A/ 7fi&~ t1~/J.~ ~~/) ./r~~-'r;?f.) ~o, /q-fj; tyy-ku~JL.- ~/oo . (/ J ~ ?OaIJu/V.eo /9 to ,J4U~ b;..J!fr~ 4: /5 - I A4~ /J( n-M 50 eo 19ioJ.,/~tp./~ 4;.;20-- / ~;1J I 1J7U~;h S:J. aJ- AiMWkvA I~ t:a; ~~JY~ / ~J 4.'!5~ I ~A'./nO-ual4 ?U/ 4: 55 0-Jl1 ~/-Jp/ukk W~. w.d:i.au ~ ~ d~ d .~ 0h/~ .~affff#4-~ ~~ -I- ..:fI ~ ~ ..1 . f) t/cftiI/~M7r~ ~ ~ ~. . a~ ;t~/ ~ -?TAV/ /~ UJOUU dAJVfrJ ~ th . Observer(s): /(j}~~tP~ Trail Conditions: ~ .; ~ (include snowfall, sno quality, grooming, et .) Weather - Temperature: xL~ cud ~a 98/99 Trail l\tlonitoring Activity Report DaJJ;dc:;nV"fi( /999 Time: 1'/5 pl'f -d:/5/7 H Observations on Noise. Speed Safety Property Damage: B ~JYJ7er1...;/.u ~..d:L tvl C~ Ld- ~ {OJ~.9 ,!.r7 2~~ J.. /5 PH - B O-lLUCb / u ' . UJ(~:b~~'~'J ;)/7J:JYYf- gL7.t>>-b--u1-to tdJa1.~J I: ;Z~~- ~7'2-R~./P "'{/!~;~ ~ k>.fiA -/;y ~-dl f;"rnlJ 1/ ;25 0 M - ().. ~JIU~' / I ' Vili ~,~2- r;~ ~ ~~ )L#'~~ -bt>>';(.) -t; ~~~ a+ J :8Gpr~ d hf~..(J-,t!~~ ~ oJ. ~./M~ vYtU-J ~ ~:b:n.o:))~y,-L1""~~ W~_~~ .~uL ~ J.'t.jOpH- 6&:4J'fhri}-~" ~~~ ~, iADrY'.~ ~ ).JO '5 2-:dlbUh<dju~e /'rJ t..tuu-z+--> c!J~A~ wo-tf ~ ~~ rd} ~~~J e~AA-; c/ Af?'~r! /:45;OH-~M,'~ lJo..~~~tf UAL/9. (jJ:j ~.1: 'lIP 07(!.. DO. oJ. f: q.~ . 'IditL ~ Ole d ~..tJ.... ~.".J L.tJt;..>'j o..u:2 ~ ~ OL;l:/()p!7 # of Snowmobiles on Trail /5 . . Observ~s): d~cP~ Trail Conditions: ~ Lj / ttmf'tf;;~ .~ ~ ~,. (include snowfall. snow quality, groo . g. etc.) Weather - Temperature: ~ 01- rS;z..(I 98/99 TraillVIonitoring Activity Report Dare~ / 43, &99 Time: ~//5to 7.'/6 P/~! Observations on Noise, Speed Safety Property Damage: 1~}l7iJp~ -I;; .aJ ~A7'1V n " ;/I ~ . - ~ .., ~ '/',. ~ /,/ . /: ,., ," ," :1 c/.!.-i/r]/~ I '0/.// / / .Z!l/r n i./,/../d..-tt IU')rJ'r~ ~ ~d.L/i..J II ; V ' J . /!V/A7/LXYllI/U f!o7JcL 01lMy tt.i &lw~a wul S, trx'! twJjJ t){./. . aJ .~gJ /~ "jFLAL &;.;jO - biJM ;1 ~ it J ?1C? , j I -''./ fJJ..a.d ~) in, i7J- b'.:lE - d ~Y'AUJyYfOt.J.Jl4J J-I2.d.-27b.rr.1:LGjj- (], I+)J /9 oJ b:30 - / LVMVJ )17,yP~ /~~ Uo cJ,.. Co eL ;q ~ tfJ:3E... a l//p>>'lY!o-W~ ~./ 11 tb ~Pf.ck U ..M$b ..J dJdu4 <;:0. aJ .to,' '-15 - 3 .A,/~(1a-1P.1u bC4 fJ J~..J? o-J -z;;~ /a.tJbl"J.. '1',t./.l..o..1J ~ O?<.I t~ 4 '1:a5 .~ ~ ~ ~ -t:lo.dA./ dJ -ItJ/-b ~~L/ hii::iJ U</V ;3A~LvaorLad tiim1,th ~A~ PAdtrt.f d~ . 1/ :/:/ j~ i8 bd if JrLb 4/.fJ7//J I'lop,,_ -to cr.h-'A~ lk W # of Snowmobiles on Trail /() . Observer(s): d~cft ~ Trail Conditions:' 37a d:, /f ~~ ~ &.oo-t:1 ~ (include snowfall, snow quality, grooming, etc.) Weather - Temperature: ~ +~1 0 hi t:r::J?t ~ 98/99 Trail Monitoring Activity Report DatAMU /7 /qq9 \J .- Time: ) 0,'.30 ~ J /:c50 ,4J111 Observations on Noise, Speed Safety Property Damage: //Ju:kJl. U)~ ~ (/ , tdir.4.A.Jr f- BtUb - L/ h~~//( t,../t.ii~ '11fi:L ..l., m'/0 5,r.(1) - / &-(,I,T;~ -& / (-hi I ty~ /0: 35 I ~ LY/Jr-v r/ /j /P L // . $, I!'""', ()J-&1J~~ 1L<!..ypitftwJ76 IO:fij 3~- _ 7J l~~ 1un1L ~ tfJWi'C ~ .L~.-o b.AJ ,/" /066 of o7lR- ;.I ~ h. 1 Nff;b d, IW' ~cOA.'-' -m I!dLw-- r9jkwz-vaJ. ~1(~Yc~OJ~ ~d1J 117) ~Ad oj. ~~ /;J~ .~ 4t~ ~.dYJ1cJ~ -f;z~ &A/~/?~ ~~J:I~ a~ fxojl /AMV ~ ~~. 4d~dJ.~ r/~ rh:# /~-dL ~~ dd W ~ k.nwY<t~~ 1~ d; gcM<j~1t~r # of Snowmobiles on Trail ;1 . . Trail Conditions: (include snowfall, snow q lity, grooming. etc.) Weather - Temper.nure: 6'~. ,to rP,pd +35 ,. Observer(s): Trail Conditions: ~ a (include snowfall, snow quality, g DOming, etc.) Weather - Tempernture: .J4 - 5 d tI)~ Cidt ~I " 98/99 Trail ~Ionitoring Activity Report DcJa.v 14 19'(19 Time: / tJ.'3 o-ta /1/3 () J4. /I Observations on Noise, Speed Safety Property Damage: II) ati ~ ~/<..I iJiitad- ~ %:r,;-(~ ~C-l - ~.b i;. ~/Jbfi.d k = jJo tF;~ I . trIO OWl -- A:bi:ourlJJ~/UJ -& ~15YtLr4 - g 4~ /flh7/Z~ ( UA...J~ So /0:t.f6 a L~1J7J(tT/ii,& ;j~)<.af1u 1/:00 ~h1(~/lG zb If, A1l /9: m 6.ALb ~ AiJ~ 1J;i) G (n(() f'vAmtJ lIJd~ .;? ~ ~ /1;/3' . . ~ Hi;q ~ ~4fAJJ!UO = ~,fk..LJ")o/~j/~ ~, a). & 0; oJ /J,'~ 'k~A)t!?-!u..'A ()~ C. /l.aO ?dtJA/JJAI -7;;4>>PJ; tV... Ai1P< ~~ 4-- ~ pJ -a 4i;H/ ~AlA/ . . # of Snowmobiles on Trail /0 98/99 Trail Monitoring Activity Report Dare:J t:/..-IU d. 10fq Time: 7:00 -Of1 -/&. Pr co rJl1 / . / Observations on Noise, Speed Safety Property Damage: ?U ~ ~..I /J J~ I /) /} " .I ;. . .J r;on-.{J#f -h Cpfi;;.ua -4 ,(?ui..;. u-'Ir~ //3 ~;;,':;:!u7: ;; t~~~~ 'ttt ~ ~ ~j , (1A'~ attit~ cb~1\-I.J · 4? . # of Snowmobiles on Trail / g Observer(s): ;JJ~ /?~dA/ Trail Conditions: d7 zO L/ ~ ~p.U ~ (include snowfall, snow quality, grooming, etc.) Weather _ Temperanne: cI uP MM1I7'. ).}o uJ;J, + 1f3 d 98/99 Trail lVIonitoring Activity Report Date: JJJ.u. c7~, / 998 '" Time: / C),. ()t) hn ~ / /, '00 frl?') . Observations on Noise, spee. d~afetyPropertyDaroage::::..: /Lt ~~~ -J.J..41.I.-!J Jt>>d. vod.r &Lk ~ . ,Q/ooz/l tY / 4 1./--y.p.l~4... 7;;AL}~ ..h.#~~./ ~k-, d?V. /" . T/l u.!./~", "JMrL~. ~..> to'>T'~(J ~ dt.(f 4i7. (I ~a d 0 1-,,,,,,,.> );,J, -bJ 7;;..0;1 tl4d . . A.a, I?&JIL ~ ~.IJ,"':Jf c? ~~ dn1b al /J/?<.{j) tU ~~ t ~ f/ 7Js ihb~, . # of Snowmobiles on Trail () Ob~ens~:. ~~~~ Trail ConditIons: . ~ (include snowfall; snow quality,trooming, etc.) Weather - Temperature: b.#J/1; ~ IIJ~ ...;. 1(0 98/99 Trail Monitoring Activity Report t'"l Date: .~. )?,. 1998 Time: 8: (X) 01-1 ~ q,.tX) 01-1 / . . # of Snowmobiles on Trail 0 . r r Observer(s): . j/~-t!LJ. R:~ Trail Conditions: ~ ;:b/..J-::t,i~q2 (include snowfall. w quality, groo in etc.) Weather-TemperatUre: ~. ~&J;.d +} 70 I I r , ~ # of Snowmobiles on Trail tJ . I t I Date: 98/99 Trail Monitoring Activity Report UZ;j /d.. ;q98 g,oo vf1itJ q~j.?f1 't Time: . Observations on Noise. Speed Safety Property Damage: lAJ.dl~ ~ ~tli&-w~ 4ft4d/J~ );r~ ~ -G-#.-b .<l)ffJJd //1o.J:!'Llk. · ~ 7f 4~./hI- (fxd:t~ fl .. ... . .. ;f'~11/ dAA1J OA/..J, /tLJdP'1 ~ 1Y..o .t:r.A.LJl - / . Observer(s): iJld7UJ14I ~ Trail Conditions: ~LJ ~ (include snowfall. mow quality, grooming, etc.) Weather - Temperature: ~J. '11tJ r.J.J~ + 4~fJ ':,;.;~~i..~-.'.'.<; .--'-".' ........ Snowmobile safety class to be offered in January A Minnesota Department of Natural Resources-approved snowmobile safety course will be offered by the South Lake Minnetonka Public Safety Department in January. . The course will be held on Jan. 12 and 14 from 5 to 9 p.m. at the Southshore Community Center in Shorewood, and will include a riding exercise on Jan. 16 in Shorewood. Studen ts must be at least 12 years old. . The class is required by state law for all ..~nowmObile operators born after ~c. 31, 79. Students will be required to '. .. m~nstrate snowmobile oper~tio~ pro~- . ......,......-. . .... . . '.~':'- . ,... ~ .:.... . . ". ... ~ ;~:.: .::::::.~. ..;.. ..<~:::;::~.<:~.j -:.~,;::.<.~:~:.:. ..-.. .. . .. ..' .. ,'.j:) ....../ ........ '>ii"./j l ; .".:." .. . . . ... .'. ~.::.::.:.:\:.:.:.::::..:~.:::.::\/:..:.\.,.\:.:.::::>~.\..:;;.~.::~~:\./.::~...:.: .::\)"<';'.:(:::<?::::.';'.:r"::.<:;::::':'::.:{ PARKS AND RECREATION .... . .' . . .... ciency. . Class size is limited and it is expected to fill up fast. To register, cal.1 the South Lake Public Safety Department at 474- 3261. The course costs $5 per student. . : ".-. ....:. .---... --.---.,..-- ..-:""-:----~ ~-:'~"~-'--:"-:--:-:-. -.' . . - . .....: -', 4 .." . . . ." .' " .... . .'.. -'-.". . '. . '. -. . ..... ......:. . . . .~~ :::.: '.:.,.:..:":.:'. -:.:.....:_:_:L._.:_;.:..:.._...:.__.-~.,__:..~_:.._ -.: "'. . -' . . "_.....~. ..... .... . -.-.,.-.... Snov'lfmobHe Season Begins D.ecember 1 Once again, the City.:w.ould like to remind all residents of the regulati.ons in force throughout the City. Afew of the main points are listed here: + Snowmobiling is allowed in designated areas from December 1 to March 31. . Snowmobile operation is allowed between the hours of 7:00 a.m. and 10:00 p.m. Sunday - Thursday. Curfew time is extended to 11 :00 p.m. Friday and Saturday nights. + The speed limit within Shorewood is generally 10 m.p.h. when near a pedestrian or skier on the LRT Trail and on the acceptable area for street riding (street side of the plow ridge). Othern:ise. a maximum 20 m.p.h. speed limit is permissible on the LRT TraiL . Penalties for violations may include impoundment of the snowmobile, as well as a fine, especially for Driving Under the Influence (DUI) offenses. + Youth under 18 must have a Snowmobile Safety Certificate with them when driving a snowmobile in Shorewood. Youth driving a snowmobile under l4 years of age must have a Certificate and be accompanied by a parent or guardian. Questions, comments or complaints can be directed t.o South lAke Mimzetonka PubliJ: Safety, 474-3261, or the City of Shorewood, at 474-3236. Citizen Informer/December 1998 6 :.. . . . .--.".. -'. :; >..",. ~:. ;:. -. . r0::X.'.1t u::~~}}:::/ :".\ . : _'..:.4:'-~~~..:~.:; :::";:. City of Shorewood PRESS RELEASE FOR IMMEDIATE RELEASE DECEMBER 21, 1998 The City of Shorewood has a strict enforcment policy regarding snowmobile violations within the City, including the LRT Trail located within Shorewood. A police officer patrols on snowmobile to enforce the strict code. He will also be working with snowmobile riders to educate and inform them of safety issues related to snowmobiling. Violators can expect to pay a fine and incur possible impoundment of the snowmobile. Shorewood regulations include: . · Snowmobiling is only allowed in designated areas from DECEMBER 1 to MARCH 31. · Snowmobile operation is allowed from 7:00 a.m. and 10:00 p.m. Sunday - Thursday. Curfew time is extended to 11 :00 p.m. Friday and Saturday nights. · The speed limit within Shorewood is generally 10 m.p.h. when near a pedestrian or skier on the LRT Trail and on the acceptable area for street riding (street side of the plow ridge). Otherwise, a maximum 20 m.p.h. speed limit is permissible . on the LRT Trail. · Driving Under the Influence (DUI) offenses are enforceable and will result in snowmobile impoundment and stiff penalties. · Youth 14 - 18 years old must have a Snowmobile Safety Certificate with them when drivjng a snowmobile. Signs describing the regulations are posted on the LRT Trail at the major entry points. Snowmobile riders are advised to be familiar with and understand all the City and State regulations. City of Shorewood PRESS RELEASE ...' ;.... FOR IMMEDIATE RELEASE JANUARY 14,1999 SAFETY ENCOURAGED WHILE RIDING SNOWMOBILES IN CITY OF SHOREWOOD The City of Shorewood encourages all riders to follow the regulations for snowmobiling within the City, including while on the LRT Trail located within Shorewood. A uniformed police officer patrols on snowmobile to enforce the City code. Violators can expect to pay a fine and incur possible impoundment of the snowmobile when violations occur. . Shorewood regulations include: · Snowmobile operation is allowed between the hours of 7:00 a.m. and 10:00 p.m. Sunday - Thursday. Curfew time is extended to 11:00 p.m. Friday and Saturday nights. · The speed limit within Shorewood is generally 10 m.p.h. when near a pedestrian or skier or travelling on the legal portion of the street (street side of the plow ridge). Otherwise, a maximum 20 m.p.h. speed limit is permissible only on the LRT Trail when not near a pedestrian. . · Strict Enforcement regarding violations is in effect and may include impoundment of the snowmobile as well as a fine, especially for Driving Under the Influence (DUI) offenses. · Youth under 18 must have a Snowmobile Safety Certificate with them when riding on a snowmobile. Youth driving a snowmobile under 14 years of age must have a Certficate and be accompanied by a parent or guardian. To report any violations, please call 9-1-1. . . Suburban Hennepin Regional Park District Memorandum TO: .....:.,-,::::...._-- \ i c:::: IF". I~f' \\ ' ,-=::-- '"""';-'~, :_ 1\/'7:,--_ r ,~! "_.., ' - ;----: i I.......... j " , ;., '-11"'\', ~;, . "'-, 111" ,"*",' - /1 ,: i i ;,11 j Ii I ; I"~ .'U'.' ". ..... ' , i..../ Regional LRT Trail Corridor Advisory Committee Members FROM: Karen Bowen, Director of Operations Hennepin Parks 12615 County Road 9 Plymouth, MN 55441 8v ~-:!.'~---- SUB] : 1999-2000 Winter Trail Activities Permit Enclosed is a copy of the 1999-2000 permit for winter use along segments of the Regional LRT Trail Corridor adjacent to your community. Permitted activities are determined by individual communities, contingent upon approval from the Hennepin Parks Board of Commissioners. Please note that permit requests should be submitted by OCTOBER 15, and MUST include verification of formal City Council action approving the proposed activities (a copy of appropriate meeting minutes) AS WELL AS a Certificate of Insurance, specifying Hennepin Parks as an additional named insured. Please include your community's proposed winter trail activities and recommended rules and regulations for those uses. It would be extremely helpful if you could meet the deadline, so that the Hennepin Parks Board of Commissioners has time to consider permit requests before the snow flies! IF YOUR COMMUNITY DOES NOT PLAN TO AUTHORIZE ANY WINTER TRAIL ACTIVITIES, PLEASE s.o INDICATE (NONE) ON THE PERMIT FORM AND RETURN IT TO M(so THAT THE TRAIL CAN BE SIGNED AS CLOSED, BY ORDER OF YOUR CITY COUNCIL. c: Doug Bryant, Superintendent City Mayors Regional LRT Trail Advisory Committee Members ohl/lrt\wnterprmt.2 HENNEPIN PARKS REGIONAL TRAIL SYSTEM LRT REGIONAL TRAIL CORRIDOR 1999-2000 WINTER USE PERMIT Name of City Shorewood City Hall Phone 612-474-3236 612-474-3236 Contact Person James C. Hurm Phone Authorized 1999-2000 Winter Activities hiking, biking, snow shoeing, cross country skiing, pet walking and snowmobiling. Authorization is hereby requested from the Hennepin Parks Board of Commissioners to use portions of theLRT Regional Trail Corridor for winter use activities between November 15 and March 31 as determined by each municipality within guidelines set forth herein on property located within individual City boundaries. It is understood and agreed that approval from the Hennepin Parks Board of Commissioners is contingent upon the following conditions: . The City will provide the Park District with a Certificate of Insurance, naming Hennepin Parks. as an additional named insured. Such certificate shall provide at least $600,000 aggregate or combined single limit of general liability coverage for the requested winter use activities. . The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November IS-March 31 pursuant to guidelines established by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails. . The City will provide signage at locations approved by the Park District notifying the public of authorized winter activities within its city limits; activities may include hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. (Horses are prohibited on all segments of the trail throughout the year.) Winter use signs must be installed by the City at designated locations prior to November 15 and removed by the City no later than April 15. These signs are totally the responsibility of each municipality. . The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. . The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, grading or adding aggregate pursuant to guidelines established by the Park District. . The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 15, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit It should be further understood that no winter activity will be allowed on segments of the LRT Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: Citv Administrator (Authorized Representative of the Oty) ohl/Irt/wntrprmt.l . . . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Program which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, communities that participate in the Livable Communities Act Local Housing Incentives Account Program are eligible for program funding and receive an advantage in competing for many state and federal grant programs; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life- cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide. WHEREAS, the City of Shorewood intends to complete a review of its Comprehensive Plan, including its housing section during 1999; and WHEREAS, the City of Shorewood has a history of cooperation with neighboring municipalities, recently participating with fifteen area cities to produce a subregional housing study for Lake Minnetonka area cooperating cities; and WHEREAS, the City of Shorewood is actively participating in a series of subregional meetings which began on May 20, 1999 entitled, "Working Together to Meet the Housing Needs of the Lake Area Cities"; and WHEREAS, a special Senior Housing Needs Task Force reported to the Shorewood City Council in May of 1991 that there is a need in the South Lake Minnetonka area for step-down housing, that is smaller than the typical single-family dwelling. Said report recommended that the City needs to keep in mind the income of its senior citizens and plan for housing which is within the means of its residents; and WHEREAS, the City of Shorewood looks forward to working with the Metropolitan Council in addressing major metropolitan issues which are barriers to affordable housing in Shorewood, such as: ATTEST: WOODY LOVE, MAYOR Resolution No. 99- Page 2 of2 · high metropolitan sewage charges largely due to inflow of clear water into the system due to permeable soils and Shorewood's proximity to Lake Minnetonka resulting in Shorewood's sewer charges being two to three times greater than many metropolitan cities ($260 per household per year), · high metropolitan transit levy despite minimal transit service to Shorewood. NOW, THEREFORE BE IT RESOLVED, that the following goals are set for the City of Shore wood through the year 2000: · Continue to explore the concept of sub-regional planning and cooperative efforts to address affordable housing needs in cooperation with other south Lake Minnetonka cities, . · Complete sixty-two units of affordable senior housing within Shorewood as recommended in the senior Housing report of 1991, meeting a previously established goal, , · Review and update a senior housing site analysis study, · Begin implementation of the housing chapter of the Comprehensive Plan including the update of regulations regarding senior housing, and · Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service for those in need of the service to travel to even neighboring communities. BE IT FURTHER RESOLVED that the City Council of the City of Shore wood hereby elects to participate in the Local Housing Incentives Program under the e. Metropolitan Livable Communities Act during the calendar year 2000. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of September, 1999. JAMES C. HURM, CITY ADMINISTRATOR .. . . September 14, 1999 Eric Evenson, Administrator Minnehaha Creek Watershed District 2500 Shadywood Road Excelsior, MN 55331 Dear Mr. Evenson: ;.:~;...~ f>'''''~;'''"' -" .--, >O:'~~, ">,-- "'~ "";::ff"j'1''':";~,,,:,;::, ';;;::-:~ ,-<~- <.+....,........-.:,..,.'-.,--..- ~'",,':',..;,". .. - , Di~fl R" - The Shorewood City Council at its September 13 City Council meeting directed me to send this letter to you requesting assistance in accomplishing the proposed Gideon/Glen Project. The City is requesting that you release Rule B funds for the purpose of undertaking wetland delineation as well as detailed concept plans and funding concept plans. Please let me know the amount of funds that would be available to us and the appropriate procedures to follow to acquire these funds. Thank you for your assistance and cooperation in undertaking this project. Sincerely, James C. Hurm, City Administrator #7& · Property - purchase/easements. · Water quality - regional ponds/wetlands/siltation into Manitou Bay. · Water quantity - ponds. · Wetland enhancement/restoration. · Greenspace - prevent additional development. · Historic preservation. · Environmental education. . Notes on Gideon Glen Project Planning Meeting Held August 26, 1999 Present: Jim Hurm, Larry Brown, Eric Evenson, Andy Syverson. WoodyLove arrived late. Hurm identified the following project elements: The following potential partners and sources of funding were identified: · The cities of Shorewood and Tonka Bay (a resolution or letter of support might be important even if financial assistance is not forthcoming); · Watershed District; · Metro Environment Partnership program through the Metropolitan Council; · Metro Greenways; · Hennepin County; · DNR (Sharon Pfiffer); · Minnesota Land Trust; · Reinvest in Minnesota, BWSR (Mary Beth Block); and · Historic Preservation. . Eric Evenson indicated that funds are available at his discretion for up front planning and wetland delineation work. His board approved of this as a result of their budget work shop. The District needs to order a minor plan amendment. The project must be ordered before they levy funds. . . The following steps need to be accomplished: 1. Staff will take the project to the City Council to get their approval for a letter of request to Eric Evenson for Rule B funds for planning efforts and studies needed in this early phase of the project. This can be done at the September 13 Council meeting. These funds are dispersed on a reimbursement basis. A wetland delineation could be done immediately. Andy Syverson will draft a brief description of what we should be requesting in a wetland delineation. A. A detailed concept plan needs to be done. This can be used to take to the Watershed Board and to use in various grant applications. Larry Brown will work with the Watershed engineers in accomplishing this detailed concept plan. The plan would identify areas that would be good for wetland restoration. Perhaps an agreement for engineering services to accomplish this can be prepared for Council consideration at their Setpember 13 meeting. B. A funding concept plan is needed. This could be done simutanioously with the detail concept plan with the input of the engineer and with the assistance of Peter Willenbring of WSB. C. Utilize the details of the concept plan in contacting potential partners to acquire grants and other financial resources. The Metro Greenways grant application is due in October, the Metropolitan Council's Metro Environment Partnership grant is due November 1. Phase I - land acquisition through purchase and conservation easement. Phase II - construction work. 2. 3. 4. 5. It was suggested that we ask for an early community meeting which would include the Watershed District. The intent would be to receive early public reaction to the proposal and to acquire public support. Submitted, James C. Hurm, City Administrator 2 , , To: Mayor and City Council From: James C. Hurm, City Administrator Date: September 9, 1999 Re: Tobacco Retail License Ordinance . Because two Council members were not present at the last Council meeting, we are attaching the August 19, 1999 memo on this topic. Status of discussion points: . . Age requirement to sell tobacco products - surveys were returned by 6 establishments and are attached to this memo. . Hearing Officer - the decision was made by the Council for an Administrative Law Judge to conduct any hearings. . Penalties for minors - decision yet to be made. Requiring attendance at an education program or a fee were preferred. . . License fee - Council consensus at August 23 meeting was a fee of $250. . Allowing the use of tokens or a remote switch (the Legion) - Attorney Tim Keane will research and draft language for council consideration. . Passage of the ordinance and the City licensing rather than Hennepin County. - Decision yet to be made. Two additional questions have been raised by Councilmember Zerby: 1. What has the County done in the past? The Council has not licensed in the past. They will do so now if the City doesn't. 2. Is a license fee of $250 justified? The County has justified a fee of $250. There are a number of variables which make a precise cost impossible: who is involved in and what procedures are followed in compliance checks? And are there three or thirteen licenses? There is cost efficiency in numbers. It is worth noting that the Legion representative who attended the August 23 meeting indicated that they felt $250 seemed reasonable and he would rather see the money go to the City that the County. Other cities may be increasing their license fees because of the rate set by Hennepin County. To: Mayor and City Council James C. Hurm, City Administrator ~ Frorn: Teri Naab, Shore wood Executive Secretary/Deputy Clerk Date: August 19, 1999 Re: Tobacco Retailer License Ordinance . Minnesota Session Laws 1997, Chapter 227 requires retailers selling tobacco products to be either licensed by the County or the City. One major component of the law requires periodic compliance checks of licensees. SLMPSD currently conducts compliance checks of all retailers selling tobacco products and will continue to do so in the future. Because this requirement is currently being conducted by a department of the City, it is recommended that the licensing be done in-house so the revenue generated by the license fee can off-set the cost of these checks. Also, if the County were asked to accept the responsibility, the City would be required to pay the $250 license fee for each of the liquor stores currently selling tobacco products. Should the Council decide to adopt the attached ordinance titled "Sale of Tobacco" and establish a fee for tobacco retailer licenses, the following issues should be addressed and directive be provided: . Section 302.11, Subd. 6. Dlegal Sales. The County originally proposed that the legal age to sell tobacco products be 18. However after receiving much feedback from retailers who urged the limit be set lower because of the need to hire younger clerks, their final version set the limit at age 16. Section 302.12, Subd. 3. Hearing Officer. This section states if a hearing is requested by an accused violator, that hearing be conducted in from of an Administrative Law Judge. The City of Excelsior adopted the policy that the hearing be conducted by the City Council and Greenwood adopted the policy that the hearing be conducted by the City Administrator. -~ ., Section 302.13, Subd. 3. Minors. State law requires that Administrative Penalties be adopted for minors found to be in unlawful possession of tobacco products. Staff sent out letters soliciting input from various organizations and published an article in the newsletter asking parents to respond to this issue. Attached you will find the four responses received. · Mount Calvary Lutheran Church is suggesting financial implications may be the best penalty. · Mr. Wellens suggested setting fixed penalties for violators. · Nancy Boyer suggested contacting the parents or guardian and possibly requiring the violator to attend a tobacco-free education program. · Mark Wolak, Minnetonka Schools, supported attendance at tobacco-free programs and notification of the school authorities. He explained that they are in the process of developing a new program and would like the City to be involved with the planning phase of the program. The City of Excelsior adopted a $25 fine and community service if deemed appropriate. Greenwood .. adopted the violator would be cited in family court. Section 2. Chapter 1301.02. Fees. License fees collected are to cover associated fees, including the following: . Staff time, license application, communications to licensee and background checks · Inspection of operation . Compliance checks, including recruiting youth, training, and stipend for youth . Adult and Police staff time associated with compliance checks . Mileage . Follow up activities, including letters, reports, etc. The following is a listing of adopted fees for other organizations. Some of the cities are currently considering a change to their fees. . $200 50 50 100 Coun Issues Coun Issues 150 100 150 250 The Administrative Fines established in Section 2 (last page of the ordinance) have been set by State law and cannot be reduced, but can be increased. Council directives should address each of the sections listed above, and any other areas of concern. tlS rc' != Ii W71~IU1 I 1111 -"":0/".Fo I I ,~~.. ,~~~ ~I , To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance . As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. -X- .# Does your business currently engage in the sale of tobacco products? Would restrictions on the legal age to sell tobacco products adversely affect your business? . If so, please explain briefly: /~ If the City does decide to impose a restriction with regard to th_e age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E~mail: Shorewood, MN 55331 cityhall@ci.shorewood.mn.us OR Call: 612-474-3236 To: From: Date: Re: ,~~.(F':~nW7~~ Ui n i ~~...: -,,~ ';989 U If U i '.8Y I Tobacco Retailers in Shorewood James C. Hurm, City Administrator August 24, 1999 City Retail Tobacco Sales Ordinance . As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. Would restrictions on the legal age to sell tobacco products adversely affect your business? If so, please explain briefly: --rh'\<} - \ lrtJ& recuse J (~c.w ~ IV\ /~~cl-(')~ -0> ~t S OJ? O\cA. ~. A~ O~ e)1A..L tCLS io~, S I f\LfC .J..'-"a ~ ~, . If the City does decide to impose a restriction with regard to thg age of " ' L those selling tobacco products, what age would you feel is appropriate 10 \...,.0At"T and/or acceptable?fbe.. ~\........ Please return this questionnaire to us via one of the following methods. CG\.llQQ./c .tv ,Send a Letter: City of Shore wood OR Fax: 612-474-0128 (' I . I J .. 5755 Country Club Road E-mail: ~LeGQ... '--f'1'\UfY1. . Shorewood, MN 55331 cityhall@ci.shorewoo<tmn.us . , '4es '-=l ts Jk Does your business currently engage in the sale of tobacco products? . OR Call: 612-474-3236 ~ .....-[1\.'. if=-. " F.r\ } ~..::-..!' \......'\ /..7IS.... PU\".' :. IlL.' ,- ! ., '_1 . II " -::::J I I '-'/ :11 !jil · ,,; ;cqO ! i U U- -~"" C1i I 8y To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance . As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. ye.f Does your business currently engage in the sale of tobacco products? Y t;-- f, Would restrictions on the legal age to sell tobacco products adversely affect your business? . /(, If so, please explainbriefly:#cf r ~..f- Ou~ r~~tQ7dC'.J ,/'?/eC ///1-# Sc::4ouL sJvd~_rJ, ;rp '-'t: w/:.(}t /1/0"/ /I.t.'-o.....~- T7J /f~.tr /6 .;./) j'r DttJ...f t..- C """"<"01} !J. (' VI!7e~ 5~"'r #.4-oL..( tv~.e'(_ ~,;....t..<) c.AvJl eo74"-< f?'b"'"retfJ ."""'''' ".,..,."-,,It!.th n ,,","""'e ~o~E_ ~"N~J. J''''' T"~'r q",'l Fr.."" B {,.;,. "'v<<o W "'''"/C.. Ac If the City does decide to impose a restriction with regard to th.e age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood. MN 55331 cityhall@cLshorewood.mn.us OR Call: 612-474-3236 I.-.r.~ f' - (' 'Jil f,.~ G,,/ f-f.!~( ,_~> !--- f \ . ~/lJtt:(e:~,-' ..,',.;;,'., ' {I , J 10- I; I i .- "- / 11///'::---.. ;.' /1( , V t::::- '" r-! 1)1" <. ' i{'-":1' , ! '.. -( r ~/r. , 8" ~ u 19.cc, ;/l.,!",' ~7 To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City ReWI Tobacco Sales Ordinance As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. . The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. Y~7 V- IVo Does your business currently engage in the sale of tobacco products? Would restrictions .on the legal age to sell tobacco products adversely affect your business? . If so, please explain briefly: / €; If the City does decide to impose a restriction with regard to the age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood, MN 55331 cityhall@cLshorewood.mn.us OR Call: 612-474-3236 By ,-ir- .'~ 'C r \\ f7 ["C:: i'\ . il' ! C '\,.- k_ I! \') 'r:; In \ ::..J: :I'!! . l -, :ccc - II J'u ~U,".~'''/ CJ To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance . As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments t record your response to the following questions and return to City Hall. Does your business currently engage in the sale of tobacco products? . Would restrictions on the legal'age to sell tobacco products adversely affect your business? If so, please explain briefly: ~ \ ~ llr ~ V ~J C,l ,~er ( It- \ ~ - \ ~ If the City does decide to impose a restriction with regard to th.e age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? 9.\. Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood, MN 55331 cityhaII@ci.shorewood.mn.us LA )\.~ ~l: ~2~~4-~{ ~ ~~IAU ~ ~\\~( ~J, il. '\ < I . \ ".IJ. ~I" '1. ~ Mtll v\4!\Or ~i "- pJ lL- w~'^- \.vt '-Y~ ~ *L~ I J \ J \\ C ~ _ ~ ~~~~ L {1IODo ~I\L ~ PftvUu..- :9 1I , - -. \ I -',~:----~- /,-- (c u;;;~. :~, 'Iwn,l i!U< - =U -iI i!; 'n'\" " . , lit 'U,i /' <.\ U~..: ;:; , ' II: I L.l :l..I,. I '-1; I 'By I , To: Tobacco Retailers in Shorewood From: James C. Hurrn, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. . The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. ~ -To{;' ... I Does your business currently engage in the sale of tobacco products? NO Would restrictions on the legal age to sell tobacco products adversely affect your business? . If so, please explain briefly: Jlr-> If the City does decide to impose a restriction with regard to th.e- age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood, MN 55331 cityhall@ci.shorewood.mn.us OR Call: 612-474-3236 iO:\If;; (~fc n .~\\ /7 Ie:' ,- III/ '- , ,-r--. \ JI r'1 ~f ~-, ~Gi999=ln u, 8y= t - - .-/' -i \ ,',; ""'''''' 1 ")j\......: ( .....\ , \...1'" I i C_ t~I C(<, v To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance . As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. ~t.$ Does your business currently engage in the sale of tobacco products? Nt> Would restrictions on the legal age to sell tobacco products adversely affect your business? . If so, please explain briefly: rJ/A 1 % ~P-s. If the City does decide to impose a restriction with regard to th~ age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood, MN 55331 cityhall@cLshorewood.mn.us OR Call: 612-474-3236 ..:;;:-.-:.~ .:.~,- ': IE;:' I~ ~ '1 II 7fe ! Q! Lr;; ! l_- '::;; ! i \1/ IS;;~~!"'",: i(ll.:., '-'2~ ,~'ICGO I,' u u - ''''o.;v I . i By I To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: August 24, 1999 Re: City Retail Tobacco Sales Ordinance As was previously reported to you, the Shorewood City Council considered adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting held August 23, 1999. Council was asked at that time to consider whether or not they would like to impose restrictions on the legal age to sell tobacco products. The State law does not address this requirement. . The City Council will reconsider adoption of this ordinance at their next meeting, September 13. In the meantime they would like your input. Please take a few moments to record your response to the following questions and return to City Hall. Jia HI) Does your business currently engage in the sale of tobacco products? Would restrictions on the legal age to sell tobacco products adversely affect your business? If so, please explain briefly: . tzL If the City does decide to impose a restriction with regard to th.e age of those selling tobacco products, what age would you feel is appropriate and/or acceptable? Please return this questionnaire to us via one of the following methods. Send a Letter: City of Shorewood OR Fax: 612-474-0128 5755 Country Club Road E-mail: Shorewood, MN 55331 cityhall@ci.shorewood.mn.us OR Call: 612-474-3236 ~~r~cc-.I~ Mount Calvary Lutheran Church August 5, 1999 _-.\!~(F>F G VIl~ ~In : ;.;"C4 'J'" ; ~~ !.l li. :Ii; . ,I u ~ ~.,v~ :Ud i~ '... ~. i I By I Jim Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jim, . In response to your request for thoughts regarding appropriate penalties for minors for the purchase, use or possession of tobacco products, I offer these reflections: . . The penalty ought to be similar to that for the purchase, use or possession of alcohol or any other addictive substance . All three of the possible penalties you listed in your letter have their merits (notification, education, diversion). However, youth are already inundated with anti- tobacco messages and education in school to little Of no effect. And the use of diversion programs sometimes seems to convey that public service is a punishment instead of a privilege and responsibility. Perhaps the most painful consequence for a young person would be financial-some fine that has a significant bite to it ($100 or more). . Consequences for adults and retailers who sell or provide youth with tobacco products should be similar to those of alcohol and should include the loss of right to sell tobacco products for a minimum of one year. . Given the history of ineffectiveness that penalties have had on youth consumption of alcohol plus the likelihood that many adults will not treat tobacco use with the same seriousness as alcohol use, I am doubtful that these penalties will have much effect as a deterrent. Is the purpose of the penalty to exact consequences for illegal behavior or an attempt to deter use? If deterrence is a goal, penalizing youth will be inefficient and likely ineffective. Because most choices to smoke are attempts to be counter- cultural or reject the controls of society, some will always find the illegality of tobacco use a strong attraction. Other methods will need to be used to achieve the deterrence goal ( stronger penalties for adults who sell or provide to a minor, asset building in youth, etc..). If the purpose is simply to show that illegal actions have consequences, then my comments in the second bullet-point apply. Thanks for inviting my feedback. Personal greetings to you and continued prayers for a strong recovery from your surgery. (JfXl- vid A. Olson 301 County Road 19 + Excelsior. Minnesota 55331 + Phone: 612-474-8893 + Fax: 612-474-0121 PASTORS David Olson Paul Pettersen Susan Engh ONille Olson ~:-"...,...............~....~.....................,...#"....x.v""""'~""''''''''''''~'''''''''''''''''''''''''''''''''~~~''''''''''''''''''''''''''''''''~'''''''''''''~~''''''''''''''''''''''''''''I~' --'''''''''''~ ~ Martin R. Wellens mwelle.'lS..'@worldnet.att.net I 3 4755 Lakeway Terrace 612/470-9395.~ ~ ::>horewoocl, M.N :>:>331-'7301 L.:al1 ahead to l'ax ~ -----------------------------------"---_____J Tobacco Ordinance Feedback August 1, 1999 302.01 Yuu daull tbatllwlun; PW'dlWSUlg amI WSUlg tubaccu an~ viulatulg Federal and State laws. So why are we writing an ordinance? We do not have ordinances against the thousands of other St<tte <tnd J;'eder:tl1<t'<v!;:. Do you inteond to redund<tntly p<t!;l!;l ordinAnce!;: for nll oftheft1? The other levels of government are responsible for enforcing their own laws and dealing with the problems they create. I suggest we stay out of the mess they created. You claim that health problems place a financial burden on ALL levels of government. But governments choose to pay these costs. If the cost is too high, governments could say we will not cover smoking related illnesses; or, we will not cover smokers. Since governments have not chosen to do tIus, the cost must not be that high. Likewise, fatty foods and alcohol cause health related costs. Will you seek to control these items in order to protect a collectivized healthcare system? The rationale would be the same. . The reasons pro"ided for instituting this ordinance are defective. 1) It's already against the law. 2) TIle fmancial difficulties of the government's healtIl insurance system are caused by its anti-competitive, collectivist nature. Not by smokers. TIus ordinance will not save or even help to solve an unworkable socialistic system. 302.02 Subd 7 You say a minor shaH mean any NATURAL person. Please identify UNnatural persons. 302.10 You say compliance checks wiD be made "from time to time, but at least once per }"ear." . Could you please put a cap on the number of possible inspections per year? Presently there are no protections for the storeowner from an anti-tobacco zealot (Clerk, Councilmember, Cop, Staff member) who wishes to harm a local business owner. A cap would limit abuses of power. [I] t depends on how you define 'alone '... [T]here were a tot of times when we were alone. but I never really thouf!ht we were." - Bill Clinton. Grand Jury Testimony First he admits they were alone, then says he did not think they were alone. If you admit an objective fact to be true, how can you also think it not true? C:\windows\TE1tIP\FAX\TobaccoO.doc Phone Call August 5, 1999 Regarding Tobacco Ordinance Nancy Boyer (474-2280) called to say that her children know a lot of children who smoke. She feels that if the kids are caught smoking the parents should definitely be contacted. A tobacco-free education program would also be good (not sure if this would really help). But felt that something needs to be done to the seller for selling to a minor - like a large fine . . RUG-17-1999 11:30 SERVING lHIi COMMUNmF$ OF: MINNcruNK.~ CJUNJUSSI!N DE1!?lI A.VT:N F.rl;;N I'J(A1JlJc tx:~l:!.SIOll GREr,NWOOfi SHllREWQOD TONK;. BAY V1C'O!l.1A WOOL1Wll MTKR PUELIC SCHOOLS 612 401 5032 P.02/04 Mark!. Wolak Oim:tor of Student SUppOrl So.:1"'Ii",'5 Minlldllnka l'ublic Schools 562! Cou.'Ity Road 101 Minne'.onka. MN 55345 (612) 906.2512 ill I 2) 9ll6-2532iax :nwohlk@minnc:lllnka.k)2.mr..lts Mr. James C. Hunn City Administrator City of Shorewood 5755 Country Club Road Shorewood,Mt~ 55331-8927 Dear Mr. Hunn, Your letter of July 28, 1999 requested comment from Minnetonka Public Schools with regard ~o . City Council adoption of an ordinance regarding sale and possession of tobacco products :to youth in our community. 1 would like to provide comments and suggestions on behalf of lYfinnetonka Schools and Dr. Dan Jett, Superintendent. Data from the 1998 Minnesota Student Survey indicated an increase in youthful smoking, particularly at the 6lh grade level in our school district. I have enclosed summary information about student tobacco use with this letter. We will respond to this data with an increase in tobacco-free education programs to middle school students provided by our chemical health staff. For that reason, we support your penalty requiring a minor to attend tobacco-free education programs. Tn addition. since we are concerned about tobacco use by our students of any age, we support YOUT notification of our school staff of any tobacco violation by our students. This notification could be sent directly to the school principal. . Thank you for asking for our input in this very important community issue. We support a community~wide focus on the health of aU students through education and prevention efforts. If you would like additional infonnation please do not hesitate to call me at 40 1-5012 or email at mwolak@minnetonka.k12.mn.us. - - ~v Mark Wolak Executive Director of Student Support Services Cc: Board of Education TAL P.04 .' ^l ,..... _. _ ,,___ RUG-17-1999 11:31 MTKR PUELIC SCHOOLS 612 401 5032 P.04/04 ACCESS TO TOBACCO FOR TOBACCO USERS IN PAST 30 DAYS (1998) * SOCIAL SOURCES Grade 9 43% Grade 6 Got it from friends 620/0 Grade 12 780/0 Grade 9 40010 Grade 6 Got it by getting someone else to buy for me 43% . Grade 12 48% GradeS_26% Got it from family members Grade 9 _1"F1O Grade 12.130/0 . Took it from my home Grade 6 _20% Grade 9 17% Grade 12 _17% COMMERCIAL SOURCES Bought it at a gas station! convenience store Grade 6 290,4 Grade 9 -'21010 Grade 12 43% Bought it at a groceryl discount/drug store Grade 6 _2,60k Grade 9.9% Grade 12 .9% * Restricted to students under age 18. AUG-17-1999 11:30 MTKA PUBLIC SCHOOLS 612 401 5032 P.03/04 . ' . HEAVY CIGARETTE SMOKING IN PAST 30 DAYS (1/2 pack or more per day) 0.30/0 0% 2.5% 9% . 1.4%{. ;';.;r~,'.~i..'~. .- ( . . . .. . '5::::/:; 20%. 11% Grade 6 Grade 9 Grade 12 ~1992 EJ1995 .1998) . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on September 13, 1999, the City Council of the City of Shorewood adopted Ordinance No. , entitled "Sale of Tobacco" and "Establishing Fee for Tobacco Retailer License"; and WHEREAS, the City Clerk has prepared a summary of Ordinance No. follows: , as The following is the official summary of Ordinance No. Council of the City of Shore wood, Minnesota, on September 13, 1999. , approved by the City . The ordinance is a comprehensive revision of the City's policies, procedures and requirements for the sale of tobacco products and the licensing of facilities selling tobacco products. Among the significant features of the ordinance are as follows: . A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. Purpose; Definitions and Interpretations; License; Fees; Basis for Denial of License; Prohibited Sales; Vending Machines; Self-Service Sales; Responsibility; Compliance Checks and Inspections; Other lllegal Acts; Violations; Penalties; Exceptions and Defense; and Severability and Savings Clause. A COPY OF THE ENTIRE TEXT OF THE ORDINANCE IS A V AILABLEIN THE OFFICE OF THE CITY ADMINISTRATOR. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the ordinance. Resolution No. 99- Page 2 2. The City Clerk is directed to publish this resolution, in lieu of publication of the entire text of Ordinance No. , pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. The City Administrator is directed to post a copy of the entire text of Ordinance No. on the city bulletin board, beginning September 14, 1999, and ending November 15, 1999. ADOPTED by the Shorewood City Council on this 13th day of September, 1999. . ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "SALE OF TOBACCO" AND AN AMENDMENT TO CHAPTER 1301.02 - ESTABLISHING FEE FOR TOBACCO RETAILER LICENSE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: . 302.01: PURPOSE: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the said possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. ~ 144.391. . 302.02: DEFINITIONS AND INTERPRETATIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory'and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1. Tobacco or Tobacco Products. ''Tobacco'' or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco: cheroots: stogies; perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Ordinance No. Adopted September 13, 1999 Subd. 2. Tobacco Related Devices. Tobacco related devices shall mean any tobacco product as well as a pipe, rolling paper, or other device intentionally designed or intended to be used in a manner which enables the chewing, stuffing, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, . or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Subd. 5. Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco . in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd. 7. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall . . . . Ordinance No. Adopted September 13, 1999 include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products and tobacco related devices. 302.03: LICENSE: No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. Subd. 1. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. . . Ordinance No. Adopted September 13, 1999 Subd. 2. Action. The City may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City shan approve the license, the City Clerk shall issue the license to the applicant. If the City denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3. Term. All licenses issued under this ordinance shall expire on the last day of October of each year. Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance . Subd 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd.7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. . Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application The request for a renewal shall be made at least thirty days but no more t!1a!l sixty days before. the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 302.04: FEES: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in Section 1301.02 of this Code. 302.06: PROIDBITED SALES: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: Ordinance No. Adopted September 13, 1999 302.05: BASIS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of 18 years. . B. The applicant has been convicted within the past five years of any violation of a Federal, State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of the application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance or other regulation, from holding such a license. . A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in this chapter. Ordinance No. Adopted September 13, 1999 E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 302.07: VENDING MACIDNES: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless minors are at all times . prohibited from entering the licensed establishment. 302.08: SELF-SERVICE SALES: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco treated devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within 5 days. 302.09: RESPONSffiILITY: All licensees under this ordinance shall be . responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from als~ sl:lbjecting the clerk to whatever penalties are appropriate under this section, State or Federal law or other applicable law or regulation. 302.10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco.related devices. Minors used for the purpose of compliance . 302.11: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this ordinance: Ordinance No. Adopted September 13, 1999 checks shall be supervised by designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law . Subd. 1. lllegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd. 2. lllegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. . Subd. 3. lllegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Subd. 4. lllegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person so coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Ordinance No. Adopted September 13, 1999 Subd. 5. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Illegal Sales. It shall be a violation of this ordinance A. For anyone under the age of products, or tobacco-related devices. to sell tobacco, tobacco B. For a licensee to cause or permit anyone under the age of _ to sell tobacco, tobacco products, or tobacco-related devices. . 302.12: VIOLA TIONS: Subd. 1. Notice. Upon discovery of a suspected violations the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3. Hearing Officer. An Administrative Law Judge from the State Office of Hearing Examiners shall serve as the hearing officer. . Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under se~tion 302.13 of this chapter, shall be recorded in writings a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd.5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City in which the alleged violation occurred. . - . . . Ordinance No. Adopted September 13, 1999 Subd. 6. Misdemeanor Prosecution. Nothing in this ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 302.13. PENALTIES: Subd. 1. Licensees. Any licensee found to have violated this. ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Section 1301.02 of this Code. In addition, after the third offence, the license shall be suspended for not less than seven days. Subd. 2. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee as provided in Section 1301.02 of this Code. Subd. 3 Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be Subd. 4. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 302.14. EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of tobacco, tobacco products, or tobacco relate'! devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as descnbed by State law. 302.15: SEVERABILITY AND SA VINGS CLAUSE: If any section or portion of this ordinance shall be found nonconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Ordinance No. Adopted September 13, 1999 Section 2. Chapter 1301.02 is hereby amended to add the following: Tobacco Retailer License $ Ipremise Administrative Fines: Licensees in Violation $75.00/first offense 200.00/second offense in 24 month period 250.00/thereafter within 24 month period 50.00 per offense Other Individuals in Violation Section 3. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . , . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netJshorewood . cityhall@shorewood.state.net MEMORANDUM. TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director ofPubli<: Works ~_ September 9, 1999 FROM: . DATE: RE: Agenda Items SA and SB As mentioned in the executive summary, City Staff is still negotiating with MN/DOT regarding the funding apportionment's for the Trunk Highway 7 Access Closures. Due to funding restrictions, it is important that the City Council act on these items on Monday. The state prolonged preparation of the cooperative agreement for the closures due to the TH 7 - 41 project. Staff is to meet with MN/DOT on Friday and Monday to resolve the outstanding issues of the agreement, such that the City Council can consider these on Monday night. . If issues are resolved on Friday, these two items will be forwarded under separate cover Friday PM or Saturday.. If meetings are continued to Monday, these items will be presented for consideration (or tabling) at Monday night's meeting. ft ~J PRINTED ON RECYCLED PAPER '" CITY OF SHOREWOOD RESOLUTIONNO.99-_ A RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION MNIDOT AGREEMENT 79330 WHEREAS, on December 15th, 1997 the City Council of the City of Shore wood adopted Resolution 97-109 which provided direction to the Minnesota Department of Transportation regarding the closure and modifications of various accesses to State Trunk Highway 7 (TH 7) from Eureka Road to Wood Drive; and . WHEREAS, the Minnesota Department of Transportation has prepared a Cooperative Agreement No 79330 for said accesses to TH 7. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into Mn/DOT Agreement 79330 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the States share of the costs of the safety improvement construction and other associated construction to be performed upon, along and adjacent to Trunk Highway 7 from Eureka Road to Wood Drive within the corporate City Limits under State Project 1004- 25(TH7=119). ADOPTED BY THE CITY COUNCll. OF THE CITY OF SHOREWOOD this 13th day of September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, ClTY AD:MINISTRATOR / A(-blOIf SA PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 79330 S.P. 1004-25 (T.H. 7=119) State Funds The State of Minnesota Department of Transportation, and The City of Shorewood Re: State cost safety improvement construction by the City on T.H.7 ORIGINAL AMOUNT ENCUMBERED S108,032.80 AMOUNT RECEIVABLE (None) MnlDOT Accounting Information: 1:- I Org/Sub: I FiscoI Yeor. I Appro IAnMNnt I Agency: T -79 Number/DatelEntry Initials Order: NumberlDatelSignatures {Individual signing certifies that funds have been eJU:IUIIbered as required by Minn. Stat. 916A.15.} Contract: Budget Office: (Authorized Signature) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shorewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 79330 WHEREAS the City is about to perform grading, surfacing, drainage and signing construction and other associated construction upon, along and adjacent to Trunk Highway No. 7 from Eureka Avenue to Wood Drive within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 98-04 and by the State as State Projects No. 1004-25 (T.H. 7=119) and No. 216-107-01; and . WHEREAS the City has requested participation by the State in the costs of the contract construction; and WHEREAS the State is willing to participate in the costs of the contract construction and associated construction engineering as hereinafter set forth; and WHEREAS Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, HUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and/or special provisions designated by the City as City Project No. 98-04 and by the State as State Projects No. 1004-25 (T.H. 7=119) and No. 216-107-01. The construction shall be performed in accordance with State-approved City plans, specifications and/or special provisions which are on file in the office of the City's Engineer, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 2 79330 Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City'S request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Cancellation of Aareement Each party to this Agreement reserves the right to withdraw from and cancel this Agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory. Withdrawal from or cancellation of the Agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State's Metropolitan Division Engineer at Roseville or his authorized representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . 3 79330 Section E. Comoletion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State Division Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Additional Construction, Plan Chanaes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this Agreement unless the necessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. All changes in the plans, specifications and/or special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State Division Engineer's authorized representative before payment is made by the State therefor. Section G. Comoliance with Laws, Ordinances and Reaulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Riaht-of-Wav, Easements and Per.mits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and/or any other 4 79330 permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and/or other permits and sanctions required for State cost participation construction covered under this Agreement. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated State cost participation construction items and the construction engineering cost share covered under this Agreement. Section B. State Cost Partici~ation Construction 100 Percent shall be the rate of State cost participation in all of the contract construction referenced in the contract construction plan as State Project No. 1004-25 (T.H. 7=119). The construction costs includes the State's proportionate share of item costs for mobilization and traffic control. The turn lane construction to be performed at Trunk Highway No. 7 and Eureka Avenue, referenced in the contract construction plan as State Aid Project No. 216-107-01 shall be the responsibility of the City. Section C. Construction Enaineerina Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. Section D. Addenda, Cbanae Orders and Su~~lemental Aareements The State shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complet.e the State cost participation construction covered under this 5 79330 Agreement and which have been approved in writing by the State Division Engineer's authorized representative. Section E. Liauidated Damaaes All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE III - PAYMENT BY THE STATE Section A. Estimate and Advancement of the State's Cost Share It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share and a $9,800.00 contingency amount is the sum of $108,032.80 as shown in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this Agreement, the State shall then decide whether to concur in the City's award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction and/or State-approved additional construction including construction engineering costs. After the following conditions have been met, the State shall advance to the City the State's total estimated construction cost share, which does not include the 8 percent construction engineering cost share or the contingency amount, as shown in the Revised SCHEDULE "I": 1. Encumbrance by the State of the State's total estimated construction cost share, the 8 percent construction engineering 6 79330 cost share, and the contingency amount, as shown in the Revised SCHEDULE "I n . 2. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement, and the approval of that documentation by the State's Land Management Director at St. Paul. 3. Execution and approval of this Agreement and the State's transmittal of same to the City along with a copy of the Revised SCHEDULE "I" and a letter advising the City of the State's concurrence in the award of the construction contract. 4. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that the construction contract has been executed by all necessary parties. Whenever it appears the cost of the State participation construction covered under this Agreement is about to exceed the current amount of encumbered State funds, the City shall notify the State Division Engineer'S authorized representative in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered will be exceeded. The State shall, upon its approval of the additional State cost participation construction, encumber the necessary additional funds. That action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. 7 79330 Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation covered under this Agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify the State Division Engineer's authorized representative in writing of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State Division Engineer'S authorized representative approves the additional State cost participation construction, the City'S claim for compensation along with a request for encumbrance of the necessary additional funds shall be submitted to the State's Budget Section for review of compliance with Minnesota Statutes Section 16A.15, subdivision 3, but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for compensation and the request for encumbrance of the necessary additional funds are approved by the State's Budget Section, that action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. Section B. Records Keeoinq and Invoicinq bv the City The State shall provide the City with a PaYment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of documents for processing final paYment of the State participation construction cost covered under this Agreement. The City shall keep records and accounts that enable it to provide the State with the following prior to final paYment by the State: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. 8 79330 2. Copies of the City contractor's invoice(s) covering all contract construction. 3. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official that final construction contract paYment has been made. 4. Copies of all construction contract change orders and/or supplemental agreements. 5. A certification form attached to a copy of the Final SCHEDULE "I", both of which shall be provided by the State. The certification form shall be signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and/or special provisions. b. Acceptance and approval of all materials furnished for the State cost participation construction covered under this Agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction". c. Full paYment by the City to its contractor for all contract construction. 6. When requested by the State, copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this Agreement. 9 79330 7. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 8. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I". Section C. Final Payment by the State Upon completion of all contract construction, the State shall prepare a Final SCHEDULE RI" and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities, and include all State cost participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the State participation covered under this Agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation covered under this Agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE "I" and final paYment of the State participation cost covered under this Agreement are detailed in the PaYment Processing Package, which the State shall furnish the City. Pursuant to Minnesota Statutes Section 15.415, the City waives claim for any amounts less than $2.00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less than $2.00 of those funds advanced by the State. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City Upon satisfactory completion of the contract construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of Eureka Avenue, Seamans Drive, Pleasant Avenue and Wood Drive roadways and 10 79330 all of the facilities a part thereof, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Section B. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or the State auditor as appropriate, for a minimum of six years from final payment. Section C. Cla~s All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering and/or maintenance covered under this Agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction, construction engineering and/or maintenance covered under this Agreement shall in no way be the obligation or responsibility of the State. Section D. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and,of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section E. Aareement Accroval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State 11 79330 and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State1s Authorized Agent for the purpose of the administration of this Agreement iS'Maryanne Kelly-Sonnek, Municipal/Utility Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155, (651) 296-0969. The City'S Authorized Agent for the purpose of the administration of this Agreement is James Hurm, City Administrator, or his successor. His current address and phone number are 5755 Country Club Road, Shorewood, Minnesota 55331, (612) 474-3236. 12 79330 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHOREWOD Recommended for approval: By Mayor By Division Engineer Date Approved: By By State Design Engineer Date (Title and Date) OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF ADMINISTRATION Approved as to form and execution: By By Assistant Attorney General Date <><><><><><><><><><><><><><><><><><><><><><><><><><> <><><> State of Minnesota County of Carver This Agreement was acknowledged before me this day of , 1999, by and (Name) , the Mayor and (Name) (Title) of the City of Shorewood, and they executed this Agreement on behalf of the municipality intending to be bound thereby. My Commission Expires '~ ,-~cl , ''\.- ~" ~~.~'?'r- "=' Notary Public 13 (P)... PLAN QUANTITY 79330 Q 2101.502 CLEARING TREE 15.00 100.00 1,500.00 2101.501 GRUBBING TREE 15.00 100.00 1.500.00 2102.501 PAVEMENT MARIaNG REMOVAL -l>ERMANENT m2 140.00 30.00 4,200.00 2104.501 REMOVE CONCRETE CULVERT m 9.00 40.00 360.00 tl04.S01 REMOVE METAL CULVERT m . 41.00 20.00 &20.00 2104.503 REMOVE BITUMINOUS PAVEMENT m2 1,697.00 2.00 3,394.00 2104.509 REMOVE CATCH BASIN EACH 1.00 300.00 300.00 2104.509 REMOVE SIGN TYPE C EACH 4.00 30.00 120.00 2104.513 SA WING BITUMINOUS PAVEMENT (FULL DEPTH) - 1,250.00 m 125.00 10.00 2105.501 COMMON EXCAVATION (P) m3 269.00 10.00 2,690.00 2105.507 SUBGRADE EXCA VA TION (P) m3 896.00 10.00 8,960.00 2105.525 TOPSOIL BORROW (LV) m3 1,019,00 11.00 11,209.00 2211.503 AGGREGATE BASE (CV) CLASS 5 m3 452.00 20.00 9,040.00 2350.609 TYPE MV 3 WEARING COURSE MIX1URE t 189.00 30.00 5,670.00 2350.609 TYPE LV 2 NON WEARING COURSE MIXn1RE t 248.00 30.00 7,440.00 2357.502 BI1UMINOUS MATERIAL FOR TACK COAT L 371.00 0.30 111.30 2501.515 375mm RC PIPE APRON EACH 4.00 500.00 2,000.00 2501.513 INSTALL CULVERT MARKER EACH 4.00 15.00 60.00 2503.541 315mm ~C PIPE SEWER. DESIGN 3006 m 32.00 100.00 3,200.00 2506.522 ADnJST FRAME AND RING CASTING EACH 2.00 300.00 600.00 2511.501 RANDOM RlPRAP CLASS n m3 1.00 75.00 75.00 2511.501 RANDOM RlPRAP CLASS III m3 2.00 75.00 150.00 2531.501 CONCRETE CURB AND GUTI'ER. DESIGN B618 m 47.00 30.00 1,410.00 2554.505 PERMANENT BARRICADES m 5.00 150.00 150.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.82 2,000.00 1,640.00 2564.531 SIGN PANEL TYPE C m2 7.00 250.00 1.750.00 2564.603 l00mm SOLID LINE YELLOW EPOXY m 100.00 2.00 200.00 2564.603 lOOmm DOUBLE SOLID LINE YELLOW EPOXY m 1.100.00 2.00 2,200.00 2564.603 600mm SOLID LINE YELLOW EPOXY m 300.00 12.00 3,600.00 2564.603 lOOmm BROKEN LINE YELLOW EPOXY m 20.00 2.00 40.00 2513.501 BALE CHECK. EACH 24.00 8.00 192.00 2513.502 SaT FENCE lYPE IlEA VY DUTY m 405.00 10.00 4.050.00 2515.555 nJR.F ESTABLISHMENT LUMP SUM 0.85 7,500.00 6.375.00 (1) 100% STATE -TOTAL $90.956.30 " ) r . a . . h , a ') , o g -2- .. S.P. 1004-25 (TH 7=119) Preliminary; July 30. 1999 Stare Funds Safety improvement conslnlction performed under City contract with locar.cd on T.R. 7 nom Eureka Avenue to Wood Drive in the City ofShorewood ~ Construction En&inc:cring (8%) Subtotal (2) Contingency Amount Encumbered Amount Q o r . .. ~ h h .. ') , o II (1) Amounr of Idvucc payment as described in Article III. Section A. of the Agl'OCIIlent (1) For the StaId. use only as described in Article BI. Section A. oflbe Agrc:clDent - 1 - MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF SHOREWOOD ACCESS CONTROL AND INTERSECTION IMPROVMENTS GRADING. SURFACING. AND SIGNING EUREKA AVENUE CONSTRUCTION PLAN FOR LOCATED ON HIGHWAY 7 EUREKA RD STATE AID PROJECT NO. 216-107-01 GROSS LENGTH 60.00 METERS BR lOGE -LENGTH ..Q..QQQ.. ME TERS EXCEPTlONS- LENGTH 0.000 METERS NET LENGTH 60.00 METERS <{ -' ..J lLJ lLJ W <.:) ~ 0 W 3= FROM TO WOOD DRIVE SEAMANS DR STATE PROJECT NO. 1004-25 GROSS LENGTH 70.90 METERS BR lOGE -LENGTH .Q..QQQ.. METERS EXCEPTlONS- LENGTH 0.000 METERS NET LENGTH 70.90 METERS HAH UING AV PLEASANT AVE STATE PROJECT NO. 1004-25- GROSS LENGTH 61.63 METERS BRIOGE-LENGTH .Q..QQQ.. METERS EXCEPTIONS- LENGTH 0.000 METERS NET LENGTH 61.63 ~ERS ~l@~ ~ City Hall ECHO \...J .., I. :3 STAR CIR. SEAMANS DRIVE 20+033.9 -20+104.8 S.P.1004-25 SMI1\4iO'l'lN a:: <( l- ll) RO. CLO\}t.R . o a:: . <( -' co ::::J .....J U . W > <( CITY OF SHOREWOOD MANN LA. co ::::J -' U EUREKA ROAD 10+060 - 10+120 S.A.P. 216-107-01 S) ~ PLEASANT AVE 30+030.57 - 30+092.2 S.P. 1004-25 a:: Cl 64TH 41 ~~~ o ....... a:: o WOOD DRIVE 40+038.89 -40+082 S.P. 1004-25 DESIGN DESIGNATION ".. ...... ,..-.. - , 0 10000 20000 ,..-.. - , 0 500 1000 r"tr.- , 0 500 1000 ,.....- , 0 5 10 r'wl"..- , 0 100 200 S.A.P.216-107-o1 S.P. 1004-25 tN18 NA DESIGN SPEEDJUL KM/H (1) BASED ON STOPPING SIGHT DISTANCE HEIGHT OF EYE 1070 rrm HEIGHT OF OBJECT 150 rrm DESIGN SPEED NOT ACHEIVED AT:~ FUNCTIONAL CLASSIFICATION ARTERIAL NO. OF TRAFFIC LANES 2 NO. OF PARKING LANES NONE TON DESIGN 9.1 R VALUE = NA ADT (Current Year) 1998 = 1463 ADT (Future Year) 2018 = 1970 dhv (Design Hr. Vol.) = 200 o (Directional Distr.) ~ T (Heavy COl1l1lercial) = 4~ SOIL FACTOR NA- HCADT (Future Yearl2020 = 80 DATE PLAN REVISIONS SHEET NO. APPROVED BY ~ GOVERNING SPECIFICATIONS THE 1995 EDITION OF THE MINNE50TA DEPARTMENT OF TRANSPORTATION .STANDARD SPECIFICATIONS FOR CONSTRUCTION.. )f SHEET NO. 1 2 3 4 5 6 7-8 9-12 13-17 18-20 INDEX OESCR IPTlON TI TLE SHEET STATEMENT OF ESTIMATED OUANTITIES TABULATED QUANTITIES CONSTRUCTION NOTES & STANDARD PLATES TYPICAL SECTIONS TRAFFIC CONTROL MISCELLANEOUS REMOVAL PLAN CONSTRUCTION PLAN SIGNING & STRIPING PLAN CROSS SECTION ALL APPLICABLE FEDERAL. STATE. AND LOCAL LAWS AND ORDINANCES WILL BE COMPLIED WITH IN THE CONSTR.UCTlON OF THIS PROJECT. THIS PLAN CONTAINS 20 SHEETS. .... WSB 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 612-641--1800 &. Associatu, IlIe. FAX 5<11-1700 INFRASTRUCTURE - ENGINEERS - PLANNERS DONALD W. STERNA. P.E. DESIGN ENGINEER: J HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY IolE OR UNDER MY DIRECT SUPERVISION. AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA, ~T\ON NUMBER 19103 ilce~~~\~ \\ JUl221998 \ \ DATE J HEREBY CERTIFY THAT THE FINAL FIELD REVISIONS. IF ANY, OF THE PLAN WERE MADE BY ME OR UNDER NY DIRECT SUPERVISION AND THAT I AN A DUlY REGISTERED PROFESSIONAL ENGINEER UNOER THE LAWS OF THE STATE OF MINNESOTA. DATE REG. NO. SHEET NO. 1 OF 20 SHEETS ;:;:::::;:----<' -' -' c APPROVED 19_ ....... Ct CITY OF SHOREWOOO ENGINEER HILL :c ST. >- <:( RECOMMENDED FOR APPROVAL 19 a::: FOR METRO DIVISION a::: ::::> ~ RECOMMENDED FOR APPROVAL 19 W.65th ST STATE TRAFFIC ENGINEER @ CRESTVIEW DR RECOMMENDED FOR APPROVAL 19 STATE PRE-LETTING ENGINEER IRo ..r-- OFF ICE OF LAND 19 MANAGEMENT APPROVAL DIRECTOR. LAND MANAGEMENT APPROVED 19 STATE OESIGN ENGINEER [?PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO '- - ~ ~,r -= = ~ ..=- "3' 3 = 1- -- - I ~~~ % 0 TRuNK HlGUW A Y 7 ._---------------r---------------------- , 1 ----------- ._-_._-_._._-----~---_._._._- 01 No, 3 +! - .,.,,,~ 01.8 _, 1 ~--r-----:.:::::::"_--======== '--- ------------ ~ ="'" 71h. 1". i9 .c -----.-- / ~~ .'~ <D ~ _~O ,h~>--r-->1,o.~ _'u - ~\-O\!I- .~~ &. r (j", \ ~ :; ~ ' " c.. 1 e eb ~ I ') ~. "0 i ~ ~. ~: / u ''''~A. ~I CD 1 .- ~ I - . ~I :8 w' 1 I:; I}~- I o , t~ ~I \-1 i /1 ~~: I \1jL.~1""";;"- .!Ed IS T...' 1 ON] VI 3'i/n. ....".1 I- ~'I ! ;' I :II . I' - - , ::' ~ i~ 1 ' ~: ~3ld i ~; c" Cl ' ~:::.. \ ! I~ \/ i I ",. I ~ ~~ I . "'.... 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US H I ~. ..:::: ":1 : I Ij ( jlj U ~ _ ::: ,. '. .:: ::. '; T r-+ - . ~~ f'" --.:...:..' ... ... l. - ~ II : 1\: - - -' _. .\. _~ _ lii- U~j"w "0' . \ .' '" ... 0,",. - 'I . ."".. .~... ,'\ . ' .. ~ . _. _ I~.::l,a : \ II: ~ U _ .. .' . . l.' ....,i 'I , -8. . : ::' - - - il ! j _ I _ _,,, _ \ - -" .=,4 i _ _. ,I . _ \ cl! IS . .. ... . . I .,. "' . .. ... ... . -. . " , :::[:::1". ... \ ~ - Ii! ! . . . Ii, ' ~ ." .:: :: \1 Hoo,i riJ'l11 ~ t~1 .,. . ---< '- I.. - :/: .... _ -T~ . -. '::: . - '1" ~ ." I _'1 ...1 ','" .:: ,:: .T _~~ : ,,: ,:::' "OO'~ ~ ~" :1:'\':':':-' ~ I .\ : : . I _I _I' T- '1'1 I -r-- . " _'1 ., " I I I I I - I . - - - 1 1 , I I I S ,~' r I I 11(1)1 0 0 1 I I 1 (1)1 0 I I 1 (1)1 i - ;; : I : ; I I, - ! .. . ,I - 1 T , r 1 i T T .. I I I ,i. I I UOp1doUOI\1.O I I ~lII'UOI\.t 1 1 1 I .. ~ Seam~f~Ll(rire 9 00 I 2n+104.8 f.4M:= I ~ . i END ROAD O' I) I. CONSTRUCTION ';;;f- CS.l I 'I BEGIN TAPER ~. ~ +; ! i 2Cl-+090. 75 [\J ~. . I Bl'"ai N TJp~ CSl CONSTRUCTION LIMITS i . J ~ 20.~ 90. r . I ! ~ \....:=J , I I (' -+074 14.8 m LT) . fl.E.Q~ , . I , ~:~ i~~~:ON / I~ '/ /! n..Cd ~! g \~ \ ~ / Wf1:/ 0.,\1.) . ~ [ '(W.- '- . END TAPER ' / z,,/ '/ ,! C/ I~, I ~f$i:&.c. ' ) I "? ~ '20~. 10\._ ..// Ir/1 I 'I I ~ , ~,>....J J / ~OE $bet> ..c: ~.- --- 4> ~ ~ ' ! .,{--/ - - . - ;..:::=:- ~A ~~.'--.eG.~'/.~ ~-~'--./'--"~ ~~I:!W'V/' 10!", I f( ~ ~"-.;:7" // / ~TE!9= . ~ (i 'O[ I I ~ \.-) ~O \ \ c1OO1'l \ -+{)40 .::;\ -+{)l::. )\\1).... -''''1':1 L. . 'f~ ! ~'I I, J T~/~ =-=-:~-r-~7~-""""-'7\ 7V -.J,~-..._...........-.:-",=,-",=,~ !I!:-:.~-' !~ ~ .9'r.J~~." I J } / I . 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"001 pnT 0...n3~.qno; 2004 PC 2 -+<l61.511 "000; PI 0...n7R.979 8"'1 2006 PT 2 -+<l90.228 20n7 C "002 POT "0+104.75Q DEL TA RAOIUS TANGENT LENGTH COORDINATES X y 28.717 "6"1.66 ?QI:Q.77" 2633.316 2944.747 ~0.691 ?Q?R.9t:'1 2657.374 2934.091 "1:51.446 2953.197 ~1.?0;? ?Q38.JQ8 0"."6 "0.00 17.41:R 302 , ',' .,. , r ~ I$T.lN.G P~o.F Il J>~AOE ..,. cro' rD' ~: . , . d: . , r PflQFll;;.,G~A!l : !: ." :; : ~: , '_' . .~. ~3~ ..........--- ....... '/ /' '/ / / / ..... .,. , ,CD. o '0 '0' .., \D' cro, . tn' ::: N - .. o o ..,. '/' , . ,j- /' . .+ .' ...J. Ul , ". ..... , ....... :-- ':2,,: .~~ ~ ...J ..... 301 , , ':' 300 '~" '~+I':;: ,...2- ..... "~ ~ ~, .....-.....::. .;, ":' , ,,,,~,..........~J<.t !/' ."7+, g, , , ~~ ' . , ,+. '+\.'ll7., "..,.,:, /'~ -~ . ...;....- ..::... t-'7 ~~://'/ /' , V' ,/r-YlL_J:::'-7"~ r: 11~s...' '" "L~ . VPI 20+0.12.8-10 , , , I ' / V.PI 0.:>o.55.122Q ~l . 300 mil CON ACl'IONI-J ' EL~ 99~83 1\ " ,1 ..oOm .C~ sualUY" .c'I"-:"'u', 1\. "nilAnI'"' / ,/4Q ,. . '<1: ' . . , 'l! I~ ~ on .... +, 299 298 ~: ." 20.. 000 : ",'~ "'f/) :)'0 Fi ,f/) , '.' . en ~,~ " . o ", OQ . b'~ ' ~'GO . '. . GO r: ~' ""N ". " . 6. 1:1 · ':l II ... g III. DAU 6 , . ... ~ :+0.10 :+060 :"0 10 : .+1 Ki : ,+0 0 .....(11' IIY' .. _ ".151_ I __ CIIfIf'I .... ........ tfIC.lCIf.. ... .......".... .. IIBI -...as. _ 1111 . . .I'" "I~"",_ __.. .&MI. ....Sf... .... .A WSB 3llO ~ LaIe 0tIIce 8441 WIyzatIIIloulewrd ~.MH 55Cl6 II Ian IIY: . ~1Id 8y: 1112-641_ .a~J& FAX 141-1700 IHFRASTIlUC1URE . I!NGlNeeRs . PlANNERS _0 .. STt_ y: o.\ft. anone "tOJ -.. /'" I I , T 1"111,,1,, ~~ SCALE I: 500 ~- , o 5 10 NOTES: 11 SEED. FERTILIZE. & MULCH AlL OISTRUBEO AREAS 2) GRADE TO DRAIN AS SHOWN 302 ::;, CD ... o '+ :!' ~"cro ..,. - 301 o ;q, -:- -: ,- '.- 300 299 'en o 'C'lI :)'0 ~," 0: 298 ;;, Trunk Highway 7 City of Shore wood Hennepin County, Minnesota o MINNESOTA DEPARTMENT OF TRANSPORTATION SEAMANS DRIVE CONSTRUCTION PLAN S.P. 10Q4..25, SAP. 216-107-01 SHEET 10 OF 20 SHEETS '. .: :: ~ -: ~ 1- 1 ~ ~ ~ < ~ ~ u - ~ ~ ~ ~~: x ~ i :i.li? ..,~1Il III III ,o:.c w.c !::!o~ ...J1Il.c -<00: l;:!50 WI-O ....1Il1- oo~ va lIJ...JoC W ~~~ b - Z 10 m N - N '"" \ \6~ r~f\\ ~ \ \ \ \ \ \ C" ,~. \\ ,\ \ \ \ ' . \ \ \,\ \ \ \ .. - \ \ \ \ , u.l " \,\~ \ . ~ 0 (~,' \ \ \ \ ' \ ~14 \ ~]~ ,\\' '. \ 4.),\ ~,\~ \\\ \ \ ~ '\\ ~~\'t~,\, ~) \. \. '':Z[, ~ ')~ ,~.~ \ r!-- \09.., '. \ Vi 0 ~ ~r~~ \{...> ~ \ '1' ~I \ "').) ~, /0 Q"t'- ~ . b , ~ \ Z Z / ~ 'J "! 0:'- :f)?-\ . '7J; ~' 1!~ M\ <'t'-\ II' \ .. ~ ~~~: ~ \ gJ,;\ \~h\\\ \ ~ \ ~ ~Olll~) V r)~ 1",\\\ \ ~\ ~ffi~~ (j ".~\ ' ' ?'" . ~<! 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I.! ~ -sll '0 '~.. ~" .d + ~ ~ ~ ;:. I ! s OJ ii ! ~ ... 6 ~ O~JL. ;.t g .:!:. ~ 5 ;; ;: II! ~ .. . .. .. .. .. ~ (t) m N i ullp'Sd"~LOI\UDId\81.~tOl\I~ .: .. Ii NO. J . .. Ii '" ;: Eureka Ave. \ I . . \ I . . I \ . . I I . . I I . . II . , \ \ . . I I . . \ I . . I \ . . \ \ , . \ I . . \ \ .+21~\ 100 nm SOLID LINE WHITE - PAINT ) I f ~~~~ +040 0 \ 0 i \ \ i R3-Xl 30x30 DATE a' OIC. .YISIGNS CID INSTALL SALVAGED SIGN .slon yo: . . \ \ . . \ \ . , I I . , \ \ \ I ,\ \ I \ . . I \ , . I I ~~ SCAlE 1: 1 000 ~- I o 10 20 Ian y: I _.GBft' ... ....... SIIC_IClJ.. ...., ........".... ..... WfIIIIfS_ _ 1M' I ..., ....- ~ __ ... - .... . 11'.... --.. .... WSB a..cklld y: y: 0&11. tnOI'II _0 I. STERRA .... .. \ ~o zITI 01> o 2 "4-1 30x30 INSTALL 10 m FROM EUREKA AVE ON MANN LA. 3lIllWlllwDod L* ~ 1441 WIrZIIIlIIIauIewnl ~MN 55G6 ",OJ 'lU4~ .~.6oc. FAX 541-17OD INI'IWITAUCnJRe . ENGINEERs . PIAN'lERS II Seamans Dr. 100 nm BROKEN LINE YIlLOW - PAINT 4 100 nm SOLIO LINE YELLOW - PAINT "-OR ~ "- . 30x30 ~ "" ( ,J f J ~ ) t ,/, M oJ ~ ~ ~ j ~ /~ ~-1l 30x30 . ~ "-8 18x24 i i I I i i I i i i I i I I i I ~ I , SCALE 1: 1 000 ~- I o 10 20 :g ~ "" ll:: ~ Trunk Highway 7 City of Shore wood Hennepin County, Minnesota o MINNESOTA DEPARTMENT OF TRANSPORTATION EUREKA AVE & SEAMANS DR SIGNING & STRIPING S.P. 1004-25, SAP. 216-107-01 SHEET 13 OF 20 SHEETS i Pleasant Ave. Wood Dr. )t )t SCALE 1: 1000 ~- o 10 20 SCALE 1:1000 ~- o 10 20 ! [~~ I ffiJ "4-1 30x30 INSTALL 10 m FROM YELLOWSTONE TRAIL Wl-1R 30x30 W14-1 30x30 ~~ ;~ 00 000 ~ ~"NENT ,,,,,,,,., / ~.'" INSTALL 10 m SOUTH DF CLUB VALLEY RDAD e Wl-1L 30x30 YELLOW - PAINT \~GS \A~~ ."'~, ~,,~- ,\~G ~ ~\'\..\C \\~\IP"~ c - ~ ~ to to ~ III. t '" !!II .- g ~ DATE If 0<< RUISIDRS .Slgn y: I .... CDII'IIY ...., 1I1S fIlA utelfleAf.. ...... _.....".... .. I" UfIDttIS. _ ., I ...., a.._......... __ ... . UiI . "SlI.. ., ........ .... WSB 3SIw..twood L* ~ 8441 WIyzata IIauIewnl ~MN 55Ql Ian By: o MINNESOTA DEPARTMENT OF TRANSPORTATION PlEASANT AVE & WOOD DR SIGNING & STRIPING S.P. 1004-25, SAP. 216-107-01 Trunk Highway 7 City of Shorewood Hennepin County, Minnesota SHEET 14 OF 20 SHEETS . Checked By: '1_~ 4~J"", FAXlAl.l7OD INFRASTRUCTuRE . ENGINEERs . PIAN'lERS _"'0 I. STERNA 1l1r0YeCl y: "'11'1 .J'3~' "tOS .... ... CITY OF SHOREWOOD RESOLUTION NO. 99 - A RESOLUTION ACCEPTING BIDS AND AWARD CONTRACT FOR SP 1004-25, T.R. 7 ACCESS CONTROL PROJECT WHEREAS, pursuant to Resolutions 99- 057 adopted July 26, 1999,.an advertisement for bids for the Trunk Highway 7 Access Control Project, SP 1004-25 (TH7=119), City Project No. 9804, was published, bids were received, opened and tabulated on September 1, 1999 at 10:00 a.m. according to law (such tabulation is attached hereto and made a part hereof as Exhibit A); and WHEREAS, the City Council has determined that the bids submitted were in compliance with the plans and specifications on file with the City Administrator/Clerk; and WHEREAS, the City Council has also determined that Hardrives Inc. is the. lowest responsible bidder for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc., in the name of the City of Shore wood, SP No. 1004-25 (T.H. 7=119), according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized to retain the deposits of the bidders and shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY AD:MINISTRATOR AGeJO!l B P. BID TABULATION Trunk Highway 7 Access Control & Intersection Improvement Project City of Shorewood, MN City Project No. 98-04 S.P. 1004-25 and S.A.P. 216-107-01 Bids Opened September 1, 1999 10:00 A.M. Engineer: WSB & Associates, Inc. Contractor Bid Security Total Bid Hardrives Inc Midwest Asphalt Corp x X $197,707.50 $209,977.00 Engineer's Estimate $111,522.30 I hereby certify that this is a true and correct tabulation of the bids as received on September 1, 1999. p~ Donald W. Sterna, P.E. WSB & Associates, Inc. City of Shorewood Lawrence Brown, P.E. Director of Public Works James C. Hurm City Administrator ** Denotes corrected figure Exhibit A Extension of Bids I' WSB Project: Project Location: Project Nos: ;";"'T;),~;~~tt~ikAvr~i~~(!d:t:~k;~,:/:.:.::;:;:;:R[~wWi8Bff_.iit~~',U[lt2--:.:~: Trunk Highway 7 Access Control & Intersection Improvement Project City of Shorewood, MN City Project No. 98-04 S.P. 1004-25 and SAP. 216-107-01 WSB 1121.00 Line No. Item Number Unit Esitmated Quantity Description I 1 2021~501 lM~bili~~ti~~.-..n '-'~-----"--_._'-'---'-"l-'--~"-'--------'-- . - .-.+ 2__~._ 2101 ,5~~.Ee~~~_________ . 3' 2101.507 iGrubbing 4, :',- 21~~50~_,lp~~~~~tMarki~gRe~~~~.~~~~;;"ent 5, 2104.501 I Remove Concrete Culvert ...c----------t--- 6 2104.501 ,Remove Metal Culvert 7 . '--2104:503--' T Remove Bituminous Pav~me~t ..- : -.; -. :~ :::~: ==-~i :::::: ~:~;e~:;:ro~ _-- ~=~ 'u 10 2104.509 Remove Sign Type C ,- -~---- --------- --- ----- 11 2104.513 Sawing Bit. Pavement (Full Depth) 1~--;' 2104.523 1S~IVage Sign Type C n___.... 1~.i. 2105.501 Common Excavation (P) ______.__ 14 2105.507 Subgrade Excavation (P) 15 2105.525 Topsoil Borrow (LV) ....- 16 2211.503 Aggregate Base (CV) Class 5 'M'._. _____.~.~~__ 17 2350.609 ,Type MV3 Wearing Course Mixture 18 2350~609-Tryp~Lv2Non-Wearing C'~~r~e Mixtur~ _._-_.~- -_.--+--~--- ------.--.------ ...--...-- 19 2357.502 ~Bituminous Material for Tack Coat .- - -- -------~---_._------_._---- 20 2501.515 :375mm RC Pipe Apron -.---.------.--- --.--_. _.._--_.__._---~------- 21 2501.573 f Install Culvert Marker -. ..--.... --- ------~-- --------.._----------_.._.._..~~._-------_. .-- 22 2503.541375 mm RC Pipe Sewer Des 3006 -.. ----..---.----. ---~---~---._._--- --"--.---'-'- 23 2506.522 ;Adjust Frame & Ring Casting .. .. ._n___..__+.._.uo_ .. .____.___._. 24 2511.501 !Random Rip Rap Class II 25 2511.5011~';n~~'~iPR~~~I~si'lil__'' -." .. 26 2531.501 : Concrete Curb & Gutter Design B618 27 2540.602 !Mail Box Support -.------. --- ~-,...---- ------ - .------_._~ -----.---.-----...-- ...- 28 2554.505 !Permanent Barricades 29 2563.601 Traffic Control 30 2564.531 jSign Panels TypeC 31 2564.536 Install Sign Type C, _________._ __n ....--._ _____-______._ ___," _ __"'u ______. ___.________ 32 2564.603 '100 mmSolld Line White - Epoxy .-----.------. .- .. ._.._--- .--....... '--. LS 1.00 Tree 30.00 Tree 30.00 --. ----.------ ----.----.- m 2 140.00 m 2 9.00 .---.- - m2 41.00 m 2 1,736.00 Each 1.00 Each 1.00 Each 4.00 m 2 160.00 Each 2.00 m 3 269.00 m 3 1,276.00 m3 1,231.00 m 3 533.00 Tree 219.00 -------- .__.~ ..--- Tree 293.00 .-- ~---- ---.------. LS 431.00 -..-.------- -... -. .----.------.-- ----.-- Each 5.00 _ _u..______ _.__~_~__.________. _____ Each 5.00 . __no ___...___._._._ .......... m 34,00 Each 2.00 . -~---_._-----_.__.__. --.--.----- -.--- m 3 1.00 .._ __._______._ _.n_....._______.. m 3 2.00 n_ m 47,00 1.00 ......-.-.--.-..----- - 15.00 . -..- 1.00 10,00 2.00 30.00 Each .. __ .n ,,__ . m ----- ... . LS m2 i Each r ; m I ..... ... . Page 1 of 2 " : ::,:~.~ , ''';:i1:0-:fu,~mt01~~;:8'fili%i}fgJE2f::tJs\D Checked By: N. Marshall Date, 09/01199 Cost Opinion $111,522.30 Cost Opinion Unit Estimated Price Cost $5,000.00 $5,000.00 -. ---_._-._~---_.. $100.00 $3,000.00 $100.00 $3,000.00 _..._------~----- $30.00 $4,200.00 $40.00 $360.00 $20.00 $820.00 $2.00 $3,472.00 $200.00 $200.00 $300.00 $300.00 $30.00 $120.00 $10.00 $1,600.00 $30.00 $60.00 $10.00 $2,690.00 $10.00 $12,760.00 $11.00 $13,541.00 $20.00 $10,660.00 $30.00 $6,570.00 _._--~.__._._-- - -.-...-- $30,00 $8,790.00 ...- - -.-.----.--... $0.30 $129.30 ....... ... -------- $500.00 $2,500.00 ...--..-.-.--.- --~ $15.00 $75.00 -.----------------- -...----- .--~~?O.OO--i $3,400.00 $300,00 $600.00 .____...._no. ..____.__ .~u~~H~- ".~ u~~'. $~:~:~~ $30.00 I $1,41 0.~0 $100.00 I $100.00 $150.00; .. .~~,250~~? $2,000.00 $2,000.00 I $250,00 $2,500.00 $100.00 $200.00 .. .- . --.--- $2.00 $60.00 .- Low Bidder $197,707.50 Hardrlves Inc Unit Price Cost $9,000.00 $~~~~~~~ $125.00 $3,750.00 $50.00 $1,500,00 --------..----- --------------.-------.. $18.00 $2,520,00 $50.00 $450.00 $35.00 $1,435.00 .- $4.00 $6,944.00 $500.00 $500.00 $300.00 $300.00 $17.00 $68.00 $11.50 $1,840.00 $28.00 $56.00 $21.00 $5,649.00 $21.00 $26,796.00 $14.00 $17,234.00 $42.00 $22,386.00 $55.00 $12,045.00 .--.--1-'---.. $52.00 $15,236.00 $1.00 $431.00 -----.----...---- ------- $550.00 $2,750.00 $75.00 $375.00 ---- ---~- $165.00 $5,610.00 ---- -- $200.00 $400.00 ----.--.--...-- --.- $250.00 $250.00 _._..~.._-_.._- -----.--- $300.00 $600.00 .---.-.----........-.- ...-.-------------- $65.00 $3,055.00 $200.00 $200.00 _...-. .. ..-- ....------- $110.00 $1,650.00 .... ..... .-..--..... $5,500.00 $5,500.00 $220.00 $2,200,00 $95.00 $190.00 $2.05 $61.50 ---.-- ..- ----- ... Denotes corrected figure . 2nd Low Bidder $209,977.00 Midwest Asphalt Corp Unit Price Cost $20,000.00 $20,000.00 ~~-_._--_._-- $250.00 $7,500.00 -.-- $150.00 $4,500.00 . -. --. .-----------... -.------- -.---- .--.------- $18.00 $2,520.00 $22.00 $198.00 $15.00 $615.00 $4.00 $6,944.00 $150.00 $150.00 $400.00 $400.00 $20.00 $80.00 $16.00 $2,560.00 $5QOO $10QOO $24.00 $6,456.00 $24.00 $30,624.00 $18.00 $22,158.00 $34.00 $18,122.00 -- $48.00 $10,512.00 -_......_---~ _._._-~---- $44.00 $12,892.00 ~---.- ---'-.,-- $1.00 $431.00 -.--- --------- $725.00 $3,625.00 _... $125.00 $625.00 -.-. $140.00 $4,760.00 ..~_._--- $350.00 $700,00 $85.00 $85.00 - -----~--~----- - - ------_._-_._._-~ $85.00 $170.00 - -.------..- -.-.-.--.----....-- $56.00 $2,632.00 $290.00 $290,00 -- $110,00 $1,650.00 ... ..... $10,000.00 $10,000,00 $225,00 $2,250,00 $95.00 $190.00 $2.10 $63,00 . T\1121.00lbidtab.xls Extension of Bids I WSB Project: Project Location: Project Nos: >i:;\}:\~\~ffIm~~1;W%'1~b{:.":-- '<:<Mew ;\J{';Vt~-~-i',,'>~:;t1g ;:]:1 Trunk Highway 7 Access Control & Intersection Improvement Project City of Shorewood, MN City Project No. 98-04 S.P. 1004-25 and SAP. 216-107-01 WSB 1121.00 Checked By: N. Marshall Date' 09/01/99 Denotes corrected figure Cost Opinion Hardrlves Inc Midwest Asphatt Corp Line Item Esitmated Unit Estimated Unit Unit No. Number Description Unit Quantity Price Cost Price Cost Price Cost _3~~__ 2564.6~3__.--J100 mm Solid Line Yello.w - ~~o~ m 100.00 $2.00 $200.00 $2.30 $230.00 $2.30 $230.00 __w._ -...- .---- ------- .- ~4.;_. 2564.603 1100 mm Double Solid.~ine Yellow - Epoxy m 1,100.00 $2.00 $2,200.00 $4.55 $5,005.00 $4.60 $5,060.00 I --.--------- .. 35 ' 2564.603 600 mm Solid Line Yellow - Epoxy m 300.00 $12.00 $3,600.00 $42.00 $12,600.00 $43.00 $12,900,00 -+ ._- 36 ' 2564.603 100 mm Broken Line Yellow - Epoxy m 20.00 $2.00 $40.00 $2.30 $46.00 $2.30 $46.00 ..~ 1-_,,_.. "'--.. -- f---- 37 2573.501 Bale Check Each 30.00 $8.00 $240.00 $10.00 $300.00 $20.00 $600.00 - -..-. --r------- ----. -- 38: 2573.502 Slit Fence, Type Heavy Duty m 515.00 $10.00 $5,150.00 $3.00 $1,545.00 $2.60 $1.339.00 - $16,000.00 39 ! 2575.555 Turf Establishment LS 1.00 $7,500.00 $7,500.00 $27.000.00 $27,000.00 $16,000.00 . Total $111,522.30 $197,707.50 Cost Opinion $111,522.30 Low Bidder $197,707.50 2nd Low Bidder $209,977.00 Page 2 of 2 T:11121.00lbidlabxls .. 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netJshorewood · cityhall@shorewood.state.net CITY OF SHOREWOOD MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator ~ FROM: Larry Brown, Director of Public Works . DATE: September 9, 1999 RE: Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract - for 1999 Bituminous Overlays, City Project 9910. Attachment.l is the bid tabulation for the 1999 Bituminous Overlay Project. Bids were opened and tabulated on September 1, 1999. DMJ Corporation provided the low bid for the project in the amount of $63,529.09. This contractor performed the 1995 overlays for the City of Shorewood, and is found to be a responsible contractor. . The City's Capital Improvement Program budgets $SO,OOO annually for overlays. The City of Shorewood is also participating in a joint overlay project with the City of Greenwood for St. Albans Bay Road, Manor Road, and Excelsior Boulevard. These roadways serve as common boundaries for. both cities. As such, maintenance costs for these roads are split between the two cities. Shorewood's portion for that project is estimated to be $24,637. Added together with the bid received from DMJ Corporation provided a total estimated overlay cost of$SS,166.09. The amount exceeds the $SO,OOO provided in the budget. Fortunately, the sealcoat project for 1999 was completed well under the budgeted amount. Since the overlays and sealcoat operations are funded from the same account, which will provide for adequate funding of the total overlay expenditures. Therefore, staff is recommending approval of the attached resolution which accepts the bids and awards the contract for the 1999 Bituminous Overlay Project to DMJ Corporation, in the amount of $63,529.09. ft ~J PRINTED ON RECYCLED PAPER *~e , 0"1 BID TABULATION 1999 Bituminous Overlay Improvements City of Shorewood, MN City Project No. 9910 WSB Proejct No. 1074.43 Bids Opened: September 1,1999 10:30 A.M. Contractor Bid Security Total Bid . DMJ Corporation Midwest Asphalt Corp Ideal Paving Co of Henderson x X X $63,529.09 $73,216.75 $75.595.25 Engineers Estimate $53,637.50 I hereby certify that this is a true and correct tabulation of the bids as received on September 1, 1999. p(p~ Donald W. Sterna, P.E. WSB & Associates, Inc. City of Shorewood cI~Ji~ . Lawrence Brown, P.E. Director of Public Works Ii . ~W (: -if.-vAll1 i . James C. Hurm !) City Administrator ** Denotes corrected figure Attacl,ment 1 .. CITY OF SHOREWOOD RESOLUTION NO. 99 - A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1999 BITUMINOUS OVERLAY PROJECT CITY PROJECT 9910 WHEREAS, pursuant to an advertisement for bids for local improvements designated as 1999 Bituminous Overlay Project, City Project 9910 for the City of Shorewood, bids were received, opened on September 1, 1999 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that DMJ Corporation is the lowest responsible bidder in compliance with the specifications. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby ~horized and directed to enter into a Contract with DMJ Corporation, in the name of the City of Shorewood for the 1999 Bituminous Overlay Project, according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except for the deposits of the successful bidder and the next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th . day of September, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR BID TABULATION 1999 Bituminous Overlay Improvements City of Shorewood, MN City Project No. 9910 WSB Proejct No. 1074.43 Bids Opened: September 1,1999 10:30 A.M. Contractor Bid Security Total Bid DMJ Corporation Midwest Asphalt Corp Ideal Paving Co of Henderson x X X $63,529.09 $73,216.75 $75,595.25 $53,637.50 Engineer's Estimate I hereby certify that this is a true and correct tabulation of the bids as received on September 1, 1999. City of Shorewood ~1_~ · Director of Public Works Ii . / 1 . ~:'" \h !: · i:/-tv /VI1 i. James C. Hurm i) City Administrator ** Denotes corrected figure Exhibit A .. . Check # Vender Name Description Check Date Invoice # Amount 26426 MN NCPERS PERA LIFE INSURANCE 911/99 762400-0 $33.00 TOTAL FOR MN NCPERS 533.00 26427 NIELSEN, BRADLEY SEC 125 REIMB 9/1/99 $100.00 TOTAL FOR NIELSEN, BRADLEY 5100.00 26428 PAZANDAK, JOSEPH MILEAGE 9/1/99 $57.66 TOTAL FOR PAZANDAK, JOSEPH 557.66 26429 ROLEK, ALAN SEe 125 REIMB 9/1/99 $680.00 TOTAL FOR ROLEK, ALAN 5680.00 26430 SWANDY, DONALD MILEAGE 9/1/99 $26.85 26430 SWANDY, DONALD SUPPLIES 9/1/99 $35.40 26430 SWANDY, DONALD SUPPLIES 9/1/99 $35.40 26430 SWANDY, DONALD SUPPLIES 9/1/99 $35.40 26430 SWANDY, DONALD MILEAGE 911/99 $26.84 26430 SWANDY, DONALD MILEAGE 9/1/99 $26.85 TOTAL FOR SWANDY, DONALD 5186.74 . 26431 TONKA BAY -CITY OF RENT-TB LIQUOR 9/1/99 $1,100.00 TOTAL FOR TONKA BAY-CITY OF 51,100.00 26432 QUALITY WINE & SPIRI LIQUOR 9/1/99 746497-0 $1,058.69 26432 QUALITY WINE & SPIRI LIQUOR 9/1/99 746498-0 $1,292.03 26432 QUALITY WINE & SPIRI WINE 9/1/99 746497-0 $68.59 26432 QUALITY WINE & SPIRI WINE 9/1/99 746498-0 $185.76 TOTAL FOR QUALITY WINE & SPIRITS CO 52,605.07 26433 TOWLE REAL ESTATE RENT-PLAZA RENT 9/1/99 23730-09 $3,892.77 TOTAL FOR TOWLE REAL ESTATE COMPANY S3,892.77 26434 WATERFORD CENTER SEPT RENT-WATERFORD LlQ 9/1/99 $7,182.36 TOTAL FOR WATERFORD CENTER UP S7,182.36 26435 HEBERT, KATHLEEN SEC 125 REIMB 9/8199 090799 $192.30 TOTAL FOR HEBERT, KATHLEEN 5192.30 . 26436 HENN CO DISTRICT eo FORFEITURE 93 JEEP 9/8199 $10.00 TOTAL FOR HENN CO DISTRICT COURT 510.00 26437 NAAB, THERESA MILEAGElTUITION 9/8199 $1,104.24 26437 NAAB,THERESA SOFTWARE 9/8199 $29.81 TOTAL FOR NAAB, THERESA SI,134.05 26438 NORTHERN STATES P UTILITIES 9/8199 $510.52 26438 NORTHERN STATES P UTILITIES 9/8199 $2,253.82 26438 NORTHERN STATES P UTILITIES 9/8199 $1,126.18 26438 NORTHERN STATES P UTILITIES 9/8199 $154.05 26438 NORTHERN STATES P UTILITIES 9/8199 $699.47 26438 NORTHERN STATES P UTILITIES 9/8199 $2,461.69 26438 NORTHERN STATES P UTILITIES 9/8199 $687.47 26438 NORTHERN STATES P UTILITIES 9/8199 $477.74 26438 NORTHERN STATES P UTILITIES 9/8199 $312.59 26438 NORTHERN STATES P UTILITIES 9/8199 $284.46 26438 NORTHERN STATES P UTILITIES 9/8199 $242.12 Thursday, September 09,1999 Page 2 of9 Check # Vender Name Description Check Date Invoice # Amount 26438 NORTHERN STATES P UTILITIES 9/8/99 $77.67 26438 NORTHERN STATES P UTILITIES 9/8/99 $16.37 26438 NORTHERN STATES P UTILITIES 9/8/99 $243.83 TOTAL FOR NORTHERN STATES POWER 59,547.98 26439 PETTY CASH NORTON ANTI-VIRUS SOFTWARE 9/8/99 $238.48 TOTAL FOR PETTY CASH $238.48 26440 WAVZATA MOTOR VEH FORFEITURE 93 JEEP 9/8/99 $9.00 TOTAL FOR WAYZATA MOTOR VEHICLES $9.00 26441 ABINGDON DEVELOPM EseROW REFUND 9/8199 090299 $10,000.00 TOTAL FOR ABINGDON DEVELOPMENT CORP. $10,000.00 26442 NORTH STAR ICE MiSe 9/8/99 63270-08 $191.94 26442 NORTH STAR leE MIse 9/8199 63272-08 $382.68 26442 NORTH STAR leE Mise 9/8/99 7225O-D8 $620.46 TOTAL FOR NORTH STAR ICE $1,195.08 26443 QUALITY WINE & SPIRI LIQUOR 9/8199 746496-0 $243.43 . 26443 QUALITY WINE & SPIRt WINE 9/8199 746496-0 $53.77 26443 QUALITY WINE & SPIRI LIQUOR 9/8199 748693-0 $475;56 TOTAL FOR QUALITY WINE & SPIRITS CO $772.76 26444 ADAMS, LuelA TEMP HELP 9/14/99 083199 $48.00 TOTAL FOR ADAMS, LUCIA $48.00 26445 ALLEN & AssoelA TES eONSUL TING FEE 9/14/99 090299 $2,020.00 TOTAL FOR ALLEN & ASSOCIATES $2,020.00 26446 EARL F. ANDERSEN, IN seHOOL ZONE SIGNS 9114/99 19204 $722.60 TOTAL FOR EARL F. ANDERSEN, INC. $72260 26447 BOB'S PERSONAL eOF COFFEE 9/14/99 27936 $58.50 TOTAL FOR BOB'S PERSONAL COFFEE SVC $58.50 26448 eOLLlNS ELEeTRleAL 7/0LD MKT RD SIGNAL REPAIR 9114/99 MR2138 $65.00 TOTAL FOR COLLINS ELECTRICAL SYSTEM $65.00 . 26449 eONeRAZED DIVERSIF eURB REPAIR 9/14/99 $9,826.25 TOTAL FOR CONCRAZED DIVERSIFlED 59,826.25 26450 ESS BROTHERS & SON SUPPLIES 9/14/99 BB5101 $537.83 TOTAL FOR ESS BROTHERS & SONS INC 5537.83 26451 EVERGREEN LAND SE 7/41 eONSULTANT 9/14/99 8568 $442.24 TOTAL FOR EVERGREEN LAND SERVICE CO $442.24 26452 EXCELSIOR-CITY OF SIGNAL 600 OAK ST 9/14/99 $124.39 TOTAL FOR EXCELSIOR-CITY OF 5124.39 26453 E-Z REeVeLlNG INe. AUGUST REeVeLlNG 9/14/99 10423-08 $4,920.00 TOTAL FOR E-Z RECYCLING INC. $4,920.01 26454 HAWKINS WATER TRE WATER MAINT 9/14/99 200941 $128.87 26454 HAWKINS WATER TRE WATER TREATMENT CHEMICALS 9114/99 200479 $1,812.88 TOTAL FOR HAWKINS WATER TREATMENT 51,941.75 26455 FIRSTAR BOND FEES 9/14/99 387102 $143.38 26455 FIRSTAR BOND FEES 9/14/99 386926 $218.38 Thursday, September 09,1999 Page 3 of9 Check # Vender Name Des ription Check Date lllvoice # Amount 26455 F1RSTAR 9/14/99 387141 $218.38 TOTAL FOR FIRS AR $580.14 26456 FRONTIER ELECTRIC FURNACE! OPfER 9/14/99 26280 $229.00 TOTAL FOR FRO TIER ELECTRIC $229.00 26457 HOPKINS PARTS COM EQUIP MAl T 9/14/99 90467 $33.09 TOTAL FOR HOP 'INS PARTS COMPANY $33.09 26458 KENNEDY & GRAVEN SR CTR LE AL 9/14/99 3904 $423.19 TOTAL FOR KEN. ED Y & GRA VEN $423.19 26459 KAR PRODUCTS SUPPLIES 9/14/99 508294 $208.11 TOTAL FOR KAR RODUCTS $208.11 26460 LARKIN, HOFFMAN, DA LAND USE EGAL 9/14/99 335032 $1,548.00 26460 LARKIN, HOFFMAN, DA SR CTR LE AL 9/14/99 335036 $4,754.74 26460 LARKIN, HOFFMAN, DA PERKINS L GAL 9/14/99 335034 $121.00 26460 LARKIN, HOFFMAN, DA JOHNSON L GAL 9/14/99 335037 $35.00 26460 LARKIN, HOFFMAN, DA HAZ BLDG- ERNCROFT DR 9/14/99 335040 $600.00 . 26460 LARKIN, HOFFMAN, DA GIDEONS/E LERS LEGAL 9/14/99 335038 $447.00 26460 LARKIN, HOFFMAN, DA GENERAL L GAL 9/14/99 335031 $1,756.30 26460 LARKIN, HOFFMAN, DA CABALKA L GAL 9/14/99 335035 $1,401.25 26460 LARKIN, HOFFMAN, DA RYAN LEGA 9/14/99 335033 $65.90 TOTAL FOR LAR N, HOFFMAN, DALY... $10,729.19 26461 LINK, CLARE T. COUNCIL 9/14/99 $240.00 26461 LINK, CLARE T. PLAN COM 9/14/99 $120.00 TOTAL FOR LINK, CLARE T. $360.00 26462 LUKEN ARCHITECTUR FREEMAN P BLDG 9/14/99 195 $736.67 TOTAL FOR La ARCHITECTURE $736.67 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $95.22 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $107.17 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $477.36 . 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $53.46 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $47.61 26463 MCLEOD USA COMMUNIC TfONS 9/14/99 3257675 $103.n 26463 MCLEOD USA COMMUNIC TIONS 9/14/99 3257675 $95.31 TOTAL FOR MCL OD USA $979.90 26464 OFFICE DEPOT DES POSIT S AMP 9/14/99 075n08 - $27.11 TOTAL FOR OFF[, E DEPOT $27.11 26465 MINNCOMM PAGING PW PAGER 9/14/99 5200680 $8.63 TOTAL FOR MIN. OMM PAGING $8.63 26466 MN SUN PUBLICATION LEGAL AD-O SON 9/14199 248868 $39.00 26466 MN SUN PUBLICATION BIT OVERLA AD 9/14/99 250508 $107.25 26466 MN SUN PUBLICATION LEGAL AD- ALSETH 9/14/99 248867 $41.60 TOTAL FOR MN S N PUBLICATIONS 1187.85 26467 MINNEGASCO UTILITIES 9/14/99 $35.23 26467 MINNEGASCO UTILITIES 9/14/99 $19.93 26467 MINNEGASCO UTILITIES 9/14/99 $15.02 Thursday, September 09, 1999 Page 4 of9 Check# Vender Name Description Check Date Invoice # Amount 26481 US WEST COMMUNICATIONS 9/14/99 $45.50 26481 US WEST COMMUNICATIONS 9/14/99 $45.50 26481 US WEST COMMUNICATIONS 9/14/99 $48.93 26481 US WEST COMMUNICATIONS 9/14/99 $109.91 TOTAL FOR US WEST $254.37 26482 WATERPRO WATER METERS 9/14/99 5608263 $1,513.76 TOTAL FOR WATERPRO SI,513.76 26483 ZIEGLER, INC. FLAIL MAINT 9/14/99 SW2558 $197.35 TOTAL FOR ZIEGLER,INC $197.35 26484 BELLBOY CORPORATI LIQUOR 9/14/99 1718450 $280.10 26484 BELLBOY CORPORATI LIQUOR 9/14/99 1713940 $540.40 26484 BELLBOY CORPORA TI LIQUOR 9/14/99 1713930 $411.25 26484 BELLBOY CORPORA TI LIQUOR 9/14/99 1711270 $193.53 26484 BELLBOY CORPORA TI LIQUOR 9/14/99 1718460 $191.35 26484 BELLBOY CORPORATI LIQUOR 9/14/99 1718440 $511.20 . TOTAL FOR BELLBOY CORPORATION $1,127.83 26485 BELLBOY BAR SUPPLY MISC 9/14/99 3033440 $77.85 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3033310 $65.05 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3038400 $33.64 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3037240 $17.96 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3033210 $16.IT 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3039530 $10.44 26485 BELLBOY BAR SUPPLY MISC 9/14/99 3033310 $80.20 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3038430 $131.95 26485 BELLBOY BAR SUPPLY MISC 9/14/99 2144300 $64.00 26485 BELLBOY BAR SUPPLY MISC 9/14/99 3038430 $39.98 26485 BELLBOY BAR SUPPLY MISC 9/14/99 2144400 $33.00 26485 BELLBOY BAR SUPPLY MISC 9/14/99 3033210 $16.50 26485 BELLBOY BAR SUPPLY SUPPLIES 9/14/99 3037250 $5.99 . TOTAL FOR BELLBOY BAR SUPPLY $593.33 26486 MIDWEST COCA-COLA MISC 9/14/99 2703323- $340.30 26486 MIDWEST COCA-COLA MISC 9/14/99 335934-6 $384.95 TOTAL FOR MIDWEST COCA-COLA BOTTLlN $725.25 26487 DAHLHEIMER DIST INC BEER 9/14/99 50669 $170.00 26487 DAHLHEIMER DIST INC BEER 9/14/99 5146-08 $410.00 26487 DAHLHEIMER DIST INC BEER 9/14/99 50667 $492.00 26487 DAHLHEIMER DIST INC BEER 9/14/99 509Q..08 $680.00 26487 DAHLHEIMER DIST INC BEER 9/14/99 5069-08 $961.60 TOTAL FOR DAHLHEIMER DIST INC $2,713.60 26488 DAY DISTRIBUTING BEER 9/14/99 6IT15 $346.55 26488 DAY DISTRIBUTING MISC 9/14/99 1152-08 $39.40 26488 DAY DISTRIBUTING BEER/MISC 9/14/99 1150-08 $1,666.35 26488 DAY DISTRIBUTING BEERlMISC 9/14/99 1150-08 $16.90 26488 DAY DISTRIBUTING BEER 9/14/99 1152-08 $2,723.34 Thursday, September 09,1999 Page 60f9 Check # Vender Name Description Check Date Invoice # Amount 26488 DAY DISTRIBUTING BEER 9/14/99 1315-08 $1,338.20 26488 DAY DISTRIBUTING BEER 9/14/99 1315-08 $1,820.90 TOTAL FOR DA Y DISTRIBUTING $7,951.64 26489 EAST SIDE BEVERAGE BEER 9/14/99 S3630-O $5,031.05 26489 EAST SIDE BEVERAGE MISC 9/14/99 S3630-0 $78.60 26489 EAST SIDE BEVERAGE MISC 9/14/99 S36OO-0 . $81.45 26489 EAST SIDE BEVERAGE BEER 9/14/99 S36OO-0 $7,782.75 , 26489 EAST SIDE BEVERAGE BEER 9/14/99 502613 $391.15 26489 EAST SIDE BEVERAGE MISC 9/14/99 502613 $27.15 TOTAL FOR EAST SIDE BEVERAGE COMPAN $13,391.15 26490 GTE DIRECTORIES ADVERTISING 9/14/99 $16.85 26490 GTE DIRECTORIES ADVERTISING 9/14/99 $20.90 26490 GTE DIRECTORIES ADVERTISING 9/14/99 $20.90 TOTAL FOR GTE DIRECTORIES $58.65 26491 GRIGGS, COOPER & C MISC 9/14/99 95657 $86.83 . 26491 GRIGGS, COOPER & C WINE 9/14/99 95919 $324.77 26491 GRIGGS, COOPER & C WINE 9/14/99 95918 $409.27 26491 GRIGGS, COOPER & C WINE 9/14/99 98649 $317.61 26491 GRIGGS, COOPER & C WINE 9/14/99 95924 $106.87 26491 GRIGGS, COOPER & C WINE 9/14/99 98665 $70.02 26491 GRIGGS, COOPER & C WINE 9/14/99 98654 $43.49 26491 GRIGGS, COOPER & C MiSe 9/14/99 98655 $123.14 26491 GRIGGS, COOPER & C Mise 9/14/99 95917 $95.68 26491 GRIGGS, COOPER & C LIQUOR 9/14/99 95660 $1,313.60 26491 GRIGGS, COOPER & C LIQUOR 9/14/99 95674 $561.51 26491 GRIGGS, COOPER & e WINE CREDIT 9/14/99 116709 ($18.07) 26491 GRIGGS, COOPER & C L10UOR 9/14/99 98655 $1,373.12 26491 GRIGGS, COOPER & C L10UOR 9/14/99 98666 $1,535.60 . 26491 GRIGGS, COOPER & C LIQUOR 9/14/99 98650 $2,556.02 26491 GRIGGS, COOPER & C LIQUOR 9/14/99 95657 $2,814.44 26491 GRIGGS, COOPER & e LIQUOR CREDIT 9/14/99 116798 ($33.26) 26491 GRIGGS, COOPER & C LIQUOR CREDIT 9/14/99 116722 ($28.36) 26491 GRIGGS, COOPER & C Mise 9/14/99 98650 $26.28 TOTAL FOR GRIGGS, COOPER & COMPANY $11,678.56 26492 JOHNSON BROS L10U WINE 9/14/99 1012066 $28.95 26492 JOHNSON BROS UOU Mise 9/14/99 1015935 $29.99 26492 JOHNSON BROS L10U WINE CREDIT 9/14/99 97852 ($9.78) 26492 JOHNSON BROS L1QU WINE 9/14/99 1012IT3 $520.60 26492 JOHNSON BROS L1QU WINE 9/14/99 1015325 $323.65 26492 JOHNSON BROS LIOU WINE 9/14/99 1015323 $264.60 26492 JOHNSON BROS LIOU WINE 9/14/99 1012772 $133.40 26492 JOHNSON BROS L10U WINE 9/14/99 1012065 $102.80 26492 JOHNSON BROS L1QU WINE 9/14/99 1015324 $24.95 26492 JOHNSON BROS L1QU L10UOR 9/14/99 1015937 $862.40 Thursday, September 09,1999 Page70f9 Check # Vender Name Description Check Date Invoice # Amount 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012700 $264.35 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1015935 $717.42 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012773 $574.50 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012774 $449.80 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012698 $441.68 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012699 $431.19 26492 JOHNSON BROS L1au L1aUOR 9/14/99 1012772 $379.40 26492 JOHNSON BROS L1au L1aUOR CREDIT 9/14/99 98015 ($8.79) 26492 JOHNSON BROS L1au WINE 9/14/99 1012774 $110.70 TOTAL FOR JOHNSON BROS LIQUOR CO. $5,641.81 26493 LAKE REGION VENDIN MISC 9/14/99 7457 $303.96 26493 LAKE REGION VENDIN MISC 9/14/99 7436 $607.92 26493 LAKE REGION VENDIN MISC 9/14/99 7437 $379.95 26493 LAKE REGION VENDIN MISC 9/14/99 7458 $303.96 26493 LAKE REGION VENDIN MISC 9/14/99 7459 $253.30 . 26493 LAKE REGION VENDIN MISC 9/14/99 7435 $329.29 TOTAL FOR LAKE REGION VENDING $2,178.38 26494 LAKESHORE WEEKLY Lla CLERK AD 9/14/99 3642 $29.75 26494 LAKESHORE WEEKLY L1a CLERK AD 9/14/99 3642 $29.75 26494 LAKESHORE WEEKLY L1a CLERK AD 9/14/99 3642 $29.75 TOTAL FOR LAKESHORE WEEKLY NEWS $89.25 26495 LEEF BROS MATS 9/14/99 978717 $27.51 TOTAL FOR LEEF BROS $27.51 26496 MARK VII MISC 9/14/99 933753 $21.95 26496 MARK VII BEER 9/14/99 933754 $18.40 26496 MARK VII MISC 9/14/99 26369-08 $102.60 26496 MARK VII MISC 9/14/99 21873-08 $177.05 26496 MARK VII MISC 9/14/99 49163-08 $55.80 . 26496 MARK VII BEER 9/14/99 26369-08 $2,506.00 26496 MARK VII BEER 9/14/99 933753 $437.70 26496 MARK VII BEER 9/14/99 . 21873-08 $4,009.10 26496 MARK VII BEER 9/14/99 49163-08 $2,456.40 TOTAL FOR MARK VII $9,785.00 26497 MARLIN'S TRUCKING FREIGHT 9/14/99 $62.90 26497 MARLIN'S TRUCKING FREIGHT 9/14/99 $34.00 26497 MARLIN'S TRUCKING FREIGHT 9/14/99 $34.00 26497 MARLIN'S TRUCKING FREIGHT 9/14/99 $36.97 26497 MARLIN'S TRUCKING FREIGHT 9/14/99 $36.98 26497 MARLIN'S TRUeKING FREIGHT 9/14/99 $62.90 TOTAL FOR MARLIN'S TRUCKING $267.75 26498 MN MUNICIPAL BEVER ANNUAL DUES 9/14/99 06199 $166.67 26498 MN MUNICIPAL BEVER ANNUAL DUES 9/14/99 06199 $166.66 26498 MN MUNICIPAL BEVER ANNUAL DUES 9/14/99 06/99 $166.67 TOTAL FOR MN MUNICIPAL BEVERAGE AS. $500.00 Thursday, September 09,1999 Page 8 of9 Tllursday, September 09, 1999 Page 9 of9 . Payroll Register Check # Last Name First Name MI Check Amt Check Date 214747 BASTYR CONNIE D 589.27 8/31/99 214748 BROWN LAWRENCE A 1,677.16 8/31/99 214749 BURL SUSAN E 285.14 8/31199 214750 COLE ANGELA M 669.74 8/31199 214751 DAVIS CHARLES S 900.17 8/31/99 214752 DVORAK BROOKE A 267.16 8/31/99 214753 FIELDS MICHAEL R 409.03 8/31199 214754 FLORA CHERI L 225.45 8/31199 214755 GROUT TWILA R 718.03 8/31199 214756 HEBERT KATHLEEN A 601.89 8/31199 214757 HELGESEN PATRICIA R 630.41 8/31199 214758 HELLING PAMELA J 639.37 8/31199 . 214759 HEURKINS MARK oK 368.01 8/31/99 214760 HOGAN ANN T 383.40 8/31199 214761 HURM JAMES C 1,815.65 8/31/99 214762 JAKEL BRIAN D 134.83 8/31/99 214763 JENSEN JEFFREY A 253.82 8/31/99 214764 JOHNSON DENNIS D 974.42 8/31199 214765 KREGER KYMBERL Y K 186.07 8/31/99 214766 LATTERNER SUSAN M 602.82 8/31199 214767 LUGOWSKI JOSEPH P 859.82 8/31/99 214768 LUND JASON R 177.46 8/31/99 214769 MARRON RUSSELL R 40.10 8/31/99 214770 MASON BRADLEY J 903.71 8/31/99 214771 MITL YNG SARA J 84.04 8/31199 . 214772 NAAB THERESA L 664.18 8/31/99 214773 NICCUM LAWRENCE A 1,192.98 8/31/99 214774 NIELSEN BRADLEY J 958.79 8/31/99 214775 PAZANDAK JOSEPH E 1,243.29 8/31199 214776 POUNDER CHRISTOPHER J 990.08 8/31199 214777 RANDALL DANIEL J 962;60 8/31/99 214778 ROLEK ALAN J 1,377.07 8/31/99 214779 SCHMID CHRISTOPHER E 496.23 8/31199 214780 SWANDBY DONALD R 992.03 8/31/99 Total of Checks 523,274.22 Thursday, September 09, 1999 Page 1 of1