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060898 CC Reg AgPCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 8, 1998 7:00 P.M. The City Council will convene in Executive Session immediately following the regular portion of the meeting to discuss status of litigation. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg Stover O'Neill Garfunkel Champa B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Emergency Session Meeting Minutes May 18, 1998 (Att. -#2A Minutes) B . City Council Work Session Meeting Minutes May 18, 1998 (Att. -#2B Minutes) C. City Council Emergency Session Meeting Minutes May 19, 1998 (Att. -#2C Minutes) 3. MATTERS FROM THE FLOOR (No Council action will be taken.) 4. 7:15 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS FOR RON HUME (Att. -#4 Planner's Memorandum & Proposed Resolution) 5. CONSIDERATION OF A MOTION TO REBATE PARK DEDICATION AND SANITARY SEWER CHARGES FOR RON HUME (Att. -#9 Planners Memorandum & Proposed Resolution) 6. 7:30 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION VACATING A PORTION OF WILD ROSE LANE RIGHT -OF -WAY. FOR DAVE PECK (Att. - #6 Proposed Resolution) 7. PARKS - Report by Representative Report on May 27, 1998 Park Commission Meeting (Att. -#7 Draft Minutes) 8. PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att. -#8A Proposed Resolution) Applicant: Dean Johnson Location: 5875 Cathcart Drive - S , CITY COUNCIL AGENDA - JUNE 8, 1998 PAGE 2 OF 2 B. A Motion to Adopt a Resolution Approving a Combination / Subdivision (Att. -#8B Planners Memorandum & Proposed Resolution) Applicant: John Cross on behalf of Minnetonka Moorings Location: 600 West Lake Street C . A Motion to Adopt a Resolution Approving a Subdivision/Combination (Att. -#8C Planners Memorandum & Proposed Resolution) Applicant: Virginia Svoboda and Joseph Glaccum Location: 6090 and 6130 Chaska Road 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE BIDS AND AWARDING CONTRACT FOR PROJECT NO. 95 -17 — STRAWBERRY LANE (Att. -#9 Engineer's Memorandum & Proposed Resolution) 10. CONSIDERATION OF MOTIONS REGARDING PROJECT NO. 97 -03 — LAKESIDE WATERMAIN EXTENSION A. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to enter into an Agreement with the Petitioners for Lakeside Watermain (Att. -#10A Engineer's Memorandum & Proposed Resolution) B . A Motion to Adopt a Resolution Accepting Bids and Awarding Contract for Project NO. 97- 03 — Lakeside Watermain Extension Contingent upon Agreement - Item 10A (Att. -#l0B Engineer's Memorandum & Proposed Resolution) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT AND SETTING DATE FOR PUBLIC INFORMATION MEETING — WILTSEY LANE (Att. -#11 Engineer's Memorandum & Proposed Resolution) 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE PROPOSAL OF SAFE ASSURE CONSULTANTS INC. (Att. - #12 Engineer's Memorandum & Proposed Resolution) 13. CONSIDERATION OF A REQUEST BY WATERFORD HOMEOWNERS ASSOCIATION TO LEASE OR PURCHASE AN OUTLOT FOR LOCATION OF AN ENTRY MONUMENT SIGN (Att. - #13 Planners Memorandum) 14. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION (Att. - #14 Proposed Resolution) 15. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B . Report on Shoreline Messages C . Report on Storm Damage D. Report on 1999 Draft LMCD Budget (Att. -#15D 1999 Draft Budget) 16. MAYOR & CITY COUNCIL REPORTS Report on Work Session Meeting of June 1, 1998 17. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#17) "l CITY OF SH OREWOOD 5755 FAX CO 4748 RO wS SORE W MI 553 st(612) 474 -3236 Executive Summary Shorewood City Council Meeting Monday, June 8th, 1998 't Immediately following the meeting, the Council will meet in executive session to discuss the status of litigation. �4 Agenda Item #4: At its last meeting the Council approved a combination and resubdivsion for Ron Hume, converting his three building sites into two. This hearing is to consider vacating the drainage and utility easements for the previous lot configuration. New easements will be recorded with the recording of the resubdivision. Staff recommends approval of the vacation. Approval requires a simple majority vote by the Council. Agenda Item #5: In eliminating one of his previous lots, Mr. Hume has requested a refund of the sewer and park fees for the lost lot. Since the original lots were create less than a year ago, staff recommends approval of the refund. Approval requires a simple majority vote by the {: Council. Agenda enda Item #6: This resolution approves a partial street vacation of Wild Rose Lane for David Peck, reserving an easement for future street or utility work. Approval requires a simple majority vote by the Council. Agenda Item #8A: This resolution approves a simple subdivision, creating two lots for Dean Johnson. Approval requires a simple majority vote by the Council. Agenda Item #8B: John Cross requests approval to record deeds for two strips of land along the Hennepin County Regional Railroad Authority, combining them with the Shorewood Yacht Club property. This was a requirement of the original conditional use permit for the Yacht Club, and is considered tend as " Approval requires a simple o majority Co vot ed vote by the unanimously to recommend PP Council. Agenda Item #8C: Virginia Svoboda and Joe Glaccum propose to trade small triangles of land, rearranging the lot line between their properties. Both lots well exceed the minimum requirements of the zoning district in which they are located. The Planning Commission voted unanimously to recommend approval. Council approval requires a simple majority vote. 0 16 PRINTED ON RECYCLED PAPER Executive Summary for Council Meeting May 26th, 1998 Page 2 of 2 Agenda Item #9: This item is a resolution accepting bids and awarding contract to Hardrives, Inc. for the Strawberry Lane Pavement Reclamation Project. Hardrives is the responsible low bidder at $194,554.00. The engineer's estimate was $220,330.00. Therefore, it is recommended that the Bids be accepted and the contract be awarded to Hardrives, Inc. Agenda Item #10: As the City Council may recall, the petitioners for the Lakeside Watermain Project (Mr. Bill Wicka and neighbors) entered into an agreement with the City to bid the project for the extension of a 6 inch watermain. Bids have been received, and are awaiting award by the City Council, contingent upon the petitioners entering into an agreement with the City to pay any and all remaining costs of the project. Item A authorizes the Mayor and City Administrator to enter into said agreement. Item B awards the contract to the contractor contingent upon the petitioners executing said agreement. Agenda Item #11 This resolution accepts the feasibility report for the paving of Wiltsey Lane and sets the date of the public information meeting on June 17, 1998 from 6:30 to 7:30 p.m. Staff is recommending approval of the resolution. Agenda Item #12 The Occupational Safety and Health Administration requires that the Department of Public Works and City Hall staff have a documented program for safety and workplace accident prevention. All matters of daily operation from proper operation and repair of a front end loader to City Hall's response to a fire alarm are required to have a documented policy in addition to certification that employees have been properly trained. The Lake Area Cities have pooled resources and have sought out the services of Safe Assure Consultants. This firm will analyze all of the buildings, equipment, and operations of the City and will set up the documentation and training programs required by OSHA. The proposal provided to Shorewood is a discounted rate from what would be expected due to the number of Cities anticipated to participate. Costs associated to provide the necessary documentation and training programs is $2,532.60. Revenue for this proposal would be split $1,200 from the engineering conference budget, with the remaining portion being allocated from the contingency fund. Staff is recommending approval of this proposal. Agenda Item #14 This resolution appoints five members to the Planning Commission to take effect June 13 as was the consensus of the Council at the June 1 Work Session. Agenda Item #15D Bob Rascop, Shorewood's LMCD representative will be present at the meeting to discuss the proposed budget with the Council. CITY OF SHOREWOOD CITY COUNCIL EMERGENCY MEETING MONDAY, MAY 18, 1998 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Mayor Dahlberg called the meeting to order at 7:04 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; Engineer Larry Brown; Finance Director Al Rolek; Police Chief Young; Sgt. Bryan Litsey. B. Review Agenda 2. COUNCIL UPDATE RELATIVE TO STORM DAMAGE Mayor Dahlberg explained on Saturday and Sunday, the Council viewed the city to assess the storm damage. He suggested the following areas be addressed: dump areas, Hennepin County aid, police patrol, electricity/NSP hook -ups, fresh water, roadside clean up, generators and pumping stations. Engineer Brown reported some difficulties in obtaining accurate information from NSP. He noted portions of Edgewood to be the toughest corridor. He also pointed out the islands were hit the hardest. Sgt. Bryan Litsey reported an officer has been stationed on the islands given concerns which were raised by residents relative to excessive traffic in the area. Brown reported the lift stations continue to be powered by generators at this time. Mayor Dahlberg has been in contact with Commissioner Penny Steele relative to obtaining some assistance for the City. Brown reported Vern Genslinger, Director of Hennepin County Public Works, has offered to send a fleet of trucks to assist in clean up. Excelsior and Tonka Bay have offered generators as well as a loader and operator which Brown intends to take advantage of. Brown stated the Shorewood Tree Service has been very helpful in assisting in clean up, has provided excellent service to the City and has always been helpful to the City on past occasions. Councilmember Champa inquired where the trees will be unloaded. Brown explained the trees will be taken to Freeman Park which has been designated as a drop site. With the assistance of South Lake Police Department, this drop site is being limited to Shorewood home owners. Mayor Dahlberg questioned whether commercial haulers could be charged for utilizing this dump site which would offset the price of disposing of this material. Chief Young expressed concern there is insufficient space to permit commercial haulers to utilize this drop site. Mayor Dahlberg suggested turning this material into wood chips and firewood for sale. Brown noted this is a messy, shredded wood chip product and not the commercial type wood chips. He noted there would also be a cost involved. 4aA CITY COUNCIL EMERGENCY MEETING MINUTES MAY 18,1998 - PAGE 2 Councilmember Stover inquired whether a special burning permit would be obtained. Brown has considered this option it is being further investigated. He noted there would need to be a location identified for this type of fire. Mayor Dahlberg felt commercial firewood companies should be contacted to determine their interest in obtaining this wood for resale. Brown expressed concern relative to people going into this drop site area and creating a larger mess as well as any liability which might be associated with this. Brown raised the following questions: Does the City of Shorewood have a responsibility to help remove trees on private property? Councilmember O'Neill noted most insurance companies will not cover removing trees from a particular property unless the tree is on the house. Councilmember Garfunkel did not feel the City has a responsibility to assist in removing the trees from individual properties and Mayor Dahlberg noted his agreement, however the City will offer to assist the residents. is Councilmember Champa stated the residents were told to bring the brush and trees out to the street for pick up. Councilmember Garfunkel did not feel comments should be made by an individual councilmember relative to an issue which has not been considered by the full Council. Councilmember O'Neill noted the residents had been told this by contractors as well. He explained he had informed the residents the Council would be meeting Monday night to discuss the situation. Brown stated the trees and brush which were put in the right -of -way will be picked up by the City, however, he felt there should be a limit placed on the length of time in which items can be placed in the right -of -way to be hauled away by the City. Councilmember Stover felt the power outage should also be taken into consideration since a number of residents leave their homes during a power outage. Does the City want to help private property owners in cleaning up their land? What time frame are we going to give people to clean up their land? Mayor Dahlberg felt there should be a plan to encourage property owners to haul the brush to the drop site, however, the drop sites may need to be more localized. Councilmember Garfunkel inquired whether the City could undertake a joint effort with another community who is addressing the same situation. Brown noted this is currently being considered. Mayor Dahlberg adjourned the meeting at 7:50 p.m. and reconvened at 7:57 p.m. Councilmember Stover left the meeting at this time. Evaluation of costs /options to be considered. Mayor Dahlberg felt it to be the consensus of the Council to assist the residents, however, he commented there needs to be a plan and a budget established. Brown noted the Council has expressed concern in getting fresh water out to the residents on the islands. He inquired whether the City wants to contract this service with a private company. CITY COUNCIL EMERGENCY MEETING MINUTES MAY 18,1998 - PAGE 3 He also noted the fire hydrant could be opened for use by the residents as well. Brown stated staff will review costs and need and report back to Council. Councilmember O'Neill suggested establishing a time table in which the City will pick up brush and limbs from the road sides. Mayor Dahlberg felt there would be more incentive for home owners to haul brush if the drop sites are more localized. Councilmember Garfunkel felt the issue of fresh water on the island should be addressed first. Brown noted the island is probably two days away from re- establishing their electrical power. Sgt. Litsey suggested other communities have provided containers of fresh water on curb sides. Councilmember O'Neill suggested staff contact a water company and make arrangements for fresh water to be supplied to the islands. Councilmember Garfunkel did not feel home owners should be allowed to dump in the right -of- way. He felt it would be better to identify more localized sites to be used. Councilmember O'Neill noted his agreement. Brown felt Freeman Park to be an appropriate site since it would provide sufficient area to maneuver vehicles and trailers safely. Mayor Dahlberg felt with the massive amount of brush to be disposed of, it would create a health Is and safety issue to deposit this type of material in the right -of -way area. It was the consensus of the Council to allow no further dumping in the right -of -way. Everything must be taken to a drop site. Staff will attempt to identify a drop site for the island home owners. This information will be communicated via flyers as well as notices which will appear in The Laker and The Sun Sailor. Residents will be permitted to utilize the drop sites until May 26th. Councilmember Champa did not feel this would be a sufficient amount of time. Brown questioned whether commercial vendors will be permitted to utilize the drop site at Freeman Park. Councilmember O'Neill stated he would discourage allowing private haulers to utilize the drop sites. He also felt there must be someone on site to assure Shorewood residents are the only people utilizing the drop site. Councilmember Champa felt the City should go as far as possible in assisting the residents. Councilmember Garfunkel noted his disagreement and felt the Council is taking sufficient steps to assist the residents, however, budget constraints must be taken into consideration. • Councilmember Champa did not feel the City is going far enough in assisting the residents. Councilmember Champa did not feel the Council could determine what is going to be done without knowing all of the particulars. Hurm pointed out it would be impossible to estimate the costs involved. Councilmember Champa felt a best estimate could be made. Councilmember Garfunkel felt the City's responsibility lies in safety and health issues rather than a convenience issue. Mayor Dahlberg expressed concern relative to the public health aspect in that the brush or downed trees could harbor standing water which would attract mosquitoes creating a health concern. Mayor Dahlberg suggested allowing commercial haulers to utilize the drop site as long as the hauler is able to produce an authorization letter from the home owner for whom he is hauling. CITY COUNCIL EMERGENCY MEETING MINUTES MAY 18, 1998 - PAGE 4 Councilmember O'Neill believed this to be a natural disaster and felt the City should step in and assist the residents in cleaning up. Mayor Dahlberg felt the Council should perhaps undertake some emergency planning and consider establishing an Emergency Clean Up Fund. Councilmember Garfunkel noted the City will have to determine what type of emergencies would qualify for use of the funds at which point he believed the City would be acting as an insurance company. Hurm reviewed his understanding of Council direction to be: The City will ask the residents to be responsible for tree removal on their own property. There is to be no further placement of materials in the right -of -way. The materials which are currently in the right -of- -way will be hauled away by the City. Residents may haul brush and limbs, less than 6 inches in diameter, to the drop site at Freeman Park through Tuesday, May 26, 1998. Residents with special needs should call the City Hall through June 1, 1998. Commercial haulers will not be permitted to utilize the drop site at Freeman Park and will be responsible for their disposal. Mayor Dahlberg noted the island residents should be allotted additional time. Councilmember Champa expressed concern relative to commercial haulers utilizing the drop site. Sgt. Litsey suggested some residents may qualify for some sort of hardship. Mayor Dahlberg recessed the meeting at 8:40 p.m. and reconvened at 8:46 p.m. Councilmember Champa suggested allowing residents to utilize the right -of -way for branches and limbs through May 26th for pick up. Finance Director Rolek noted this will require utilizing the time of a City crew. Brown estimated manpower and equipment would cost approximately $7,000. Councilmember Champa did express concern relative to complaints which could arise if a City truck were to cause damage to a private driveway. Councilmember Garfunkel suggested obtaining a waiver from the resident. Steve Polston, Bolder Circle, was in attendance. Mr. Polston stated his lot was hit very hard. He • explained he did not place the brush and trees out on the street because he did not want to create a safety hazard. He inquired whether he would still be allowed to haul the debris to the street for pick up by the City. Councilmember O'Neill felt this to be an example of a hardship and the City could assist in cases such as Mr. Polston's on an individual basis. Councilmember Champa felt the City should go back a second time to pick up brush and branches from the right -of -way. Hurm felt hardship would better apply to a senior citizen or financial hardship. Councilmember O'Neill felt situations such as Mr. Polston's would more appropriately be characterized as special cases rather than hardship. Brown expressed concern in dete what would qualify as a special need. He pointed out there are currently a considerable number of special needs. Rolek suggested setting a date for pick up by a City truck. After the City truck has picked up, anything remaining would be the responsibility of the home owner. CITY COUNCIL EMERGENCY MEETING MINUTES MAY 18,1998 - PAGE 5 The Council was in agreement this situation is a natural disaster. Councilmember O'Neill felt special cases would be those in which there is not sufficient room in the right -of -way to place the brush and limbs. O'Neill moved, Champa seconded establishing the policy as follows: (1) The City asks residents to be responsible for tree removal on their own property. Commercial tree removal firms are responsible for disposal on their own. (2 ) We ask your cooperation in no further placement of material on the right -of -way. Material currently on the right -of -way will be picked up by the City. (3 ) Shorewood residents may haul brush and limbs (6 inches or less in diameter) to a designated area in Freeman Park through Tuesday, May 26. Commercial haulers may not haul to Freeman Park. (4) Residents with questions about special needs call City Hall (474 -3236) by June 1, 1998. Enchanted and Shady Island residents of Shorewood may haul brush and limbs (6 inches or less in diameter) to designated areas (to be determined) through June I. Commercial haulers may not haul to these sites. Motion passed 4/0. Councilmember O'Neill reported he has received a number of complaints relative to teenagers on the Shady Island bridge. He requested the police patrol this area and Sgt. Litsey commented he will notify the water patrol as well. Rolek informed the Council any additional costs associated with the storm damage clean up will be paid out of the balance from the General Fund. Once this amount had been determined, Rolek will return to the Council with a budget amendment. Council directed staff to pursue any county or state emergency funds which may be available to assist in the cost of the clean up. 3. ADJOURNMENT Dahlberg moved, Garfunkel seconded adjourning the emergency meeting to a work session at 9:49 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary Timesaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD COUNCIL CHAMBERS CITY COUNCIL WORK SESSION MEETING 5755 COUNTRY CLUB ROAD MONDAY, MAY 18, 1998 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Dahlberg called the meeting to order at 10:02 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill, Garfunkel and Champa; Administrator Hurm; Planning Director Brad Nielsen. Absent: Councilmember Stover B. Review Agenda S 2. DISCUSSION ON LAND USE ISSUES Nielsen distributed a draft document containing the revisions as recommended by the Planning Commission. He reviewed those revisions for the Council's consideration. In addition, the revisions provided by Councilmember O'Neill have also been incorporated into this draft document. With respect to LU -5, Mayor Dahlberg suggested the following language. "The attached land use plan and existing zoning map express the Council's consistent view of land use in the city of Shorewood." With this plan, the Council is adopting the zoning depicted on the attached zoning map. Nielsen will rework the language for Council's consideration. Consensus of the Council was for Item No. 15 to be stricken from LU -8. Mayor Dahlberg addressed Item No. 19 and suggested adding, "when consistent with Shorewood's adopted goals." LU -1, Item No. 3, Mayor Dahlberg suggested deleting the sentence, "Few new housing units are available to young singles, newly married couples or the elderly." Councilmember Champa questioned the term "life cycle housing." He stated he would prefer "variety of housing." It was the consensus of the Council to change "high" density to "medium" density in Item Nos. 15, 16 and 17 on LU -9. Mayor Dahlberg suggested deleting Item No. 18. Councilmember O'Neill noted his agreement. LU -17, Paragraph 4, last sentence, change to read, "... the reason it may be suitable for Shorewood . . ." LU -32, Item No. 13, change the last sentence to read, "Change the Land Use Plan to minimum density residential." LU -38, Item No. 10, Councilmembers O'Neill and Champa suggested deleting "ranges of affordability and opportunities for seniors." Mayor Dahlberg noted his agreement and stated he would not be willing to protect housing for any income range, age, race or gender. *gag CITY COUNCIL WORK SESSION MINUTES MAY 18, 1998 - PAGE 2 3. DISCUSSION ON ASSESSING CONTRACT Councilmember O'Neill expressed concern relative to the quality of work produced by the current assessor. He felt the Council should explore other options. Mayor Dahlberg noted his disappointment in the manner in which this work has been performed as well as the way in which the assessor interacts with the residents. Councilmember Champa felt in fairness to Mr. Erickson, he should be made aware of the situation and given an opportunity to respond. Mayor Dahlberg stated he is sympathetic to this point of view, however, the assessor serves at the pleasure of the Board of Review and is not a city employee. Councilmember Garfunkel felt this work should be opened up for bid and Mr. Erickson will have an equal opportunity to bid this position. Councilmember O'Neill noted his agreement. Hurm asked what qualities the Council would be looking for in an assessor. It was agreed the Council would be looking for an assessor who is accurate, objective, consistent and interacts well with the public. 4 . ADJOURNMENT r Champa moved, Garfunkel seconded adjourning the work session at 11:13 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary Timesaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JAlvJLhb U. HURM, CITY ADMINISTRATOR • CITY OF SHOREWOOD CITY COUNCIL EMERGENCY MEETING TUESDAY, MAY 19, 1998 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. Mayor Dahlberg called the meeting to order at 6:10 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill and Champa; Administrator Jim Hurm; Engineer Larry Brown; Larry Nickum, Public Works Absent: Councilmembers Stover and Garfunkel B. Review Agenda 2. COUNCIL UPDATE RELATIVE TO STORM DAMAGE Administrator Hurm presented a draft policy relative to the May 15, 1998 storm damage. He related Councilmember Stover felt strongly the City should not dictate how residents treat stumps and logs on their own property. Mayor Dahlberg noted his agreement. Hurm explained Councilmember O'Neill had requested a rewording of the policy. Staff has reviewed the policy and Hurm distributed the revised draft policy. Councilmember Champa asked for an update of the activities which had taken place today. Mayor Dahlberg inquired whether water had been delivered to the islands. Engineer Brown explained this had been attempted unsuccessfully. Councilmember O'Neill commented when he spoke with people on the islands, obtaining water was not an issue since they were able to purchase it at the store. Brown stated at this point, the City will not pursue delivery of water to the islands. . Brown explained the crews have been working on Enchanted Island. Hennepin County has volunteered the use of five dump trucks which were used in this area. Brown spoke with the Hennepin County Manager and he has offered the use of three trucks again tomorrow. With respect to NSP, they are continuing to work on the islands, however, most of the homes are without electricity at this time. It is anticipated all power will be restored by Friday. Councilmember Champa questioned whether there have been any communications with the State or the County relative to emergency funding. Brown stated while the storm damage is considered a disaster, it was not to a degree where emergency funds will be made available. Hurm pointed out the City will, however, attempt to pursue any funds which could be available. Councilmember O'Neill asked whether it would create a problem for homeowners to place items larger than 6 inches in diameter at the Freeman Park dump site. Brown explained he has been in contact with Series Environmental of Maple Grove to inquire about the services they would provide. He further explained a tub grinder would be brought to the site. This equipment is very noisy, however, it will accommodate 350 cubic yards per hour. Upon viewing the site, the company felt the materials presently at the Freeman Park dump site could be ground up in approximately two hours. mac CITY COUNCIL EMERGENCY MEETING MINUTES MAY 19,1998 - PAGE 2 Brown stated there would be a $500 mobilization fee to bring the equipment to the site as well as a charge of $400 per hour. This would include the machine, a wheel loader, and two operators. Brown felt this to be a very fair price. He did express concern relative to the $500 mobilization fee since it would be necessary for the equipment to leave the site and then return again. A company representative stated they are reviewing the situation in an attempt to accommodate all of the cities and possibly reduce the mobilization fee to half price for return visits. Councilmember Champa asked for an estimate to complete this project. Brown estimated approximately $30,000 for the clean up with $10,000 to $15,000 in Public Works time with an additional $10,000 in pumping costs for the lift stations. Mayor Dahlberg questioned whether this storm damage would be taken into consideration in obtaining emergency funds if another damaging storm were to occur. Brown explained the State would take into consideration the type of damage which occurs. If 25 percent of the homes in the City were damaged, this would be considered a disaster. Councilmember Champa commented he would like to meet with area legislators to discuss this situation and how it could be handled in the future. Mayor Dahlberg expressed concern this storm occurred very early in the year and could potentially happen again. Hurm suggested the City work with state legislators in the next session and in the event there would be a second occurrence of this nature, perhaps there could be legislation in place relative to State aid. Mayor Dahlberg stated his belief the Council needs to proceed aggressively to develop a plan which addresses emergency situations such as this. O'Neill moved, Champa seconded adopting the revised policy as follows: (1) The City asks residents to be responsible for removal of tree trunks and stumps on their own property. Commercial tree removal firms are responsible for disposal on their own. (2) Only brush/branches (less than 6" by 8' long) may be placed off the road in the boulevard area until May 26 for City pickup. After that date, no further material may be placed on the boulevard. (3) Shorewood residents are encouraged to haul brush and limbs (6 inches or less in diameter) to a designated area in Freeman Park through Monday, June 1. Commercial haulers may not haul to Freeman Park. Enchanted and Shady Island residents of Shorewood are encouraged to haul brush and limbs (6 inches or less in diameter) to designated areas to be determined through June S. Commercial haulers may not haul to these sites. Motion passed 310. 3. ADJOURNMENT Mayor Dahlberg adjourned the meeting at 6:55 p.m. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JHlvlv,,') U. riUHM, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net/shorewood • cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council • FROM: Brad Nielsen DATE: 5 June 1998 RE: Hume, Ron — Vacation of Drainage and Utility Easements FILE NO.: 405 (98.04) At its 26 May meeting the City Council approved a subdivision and combination of lots owned by Ron Hume on Yellowstone Trail and Spruce Hill Court. As part of that approval the applicant agreed to dedicate new drainage and utility easements for the newly created lots. Staff also recommended that the previous drainage and utility easements be vacated. Mr. Hume's surveyor has suggested that all of the previous drainage and utility • easements on the property be vacated and entirely new easements be dedicated as part of the approved subdivision. This will greatly simplify the legal descriptions associated with the easements. The net effect of this is illustrated on Exhibit A, attached. It is recommended that the easements be vacated as requested, and that the resolution vacating the easements be recorded immediately prior to the recording of Mr. Hume's recently approved subdivision/combination. If you have any questions relative to this matter, please call me prior to Monday nights meeting. Cc: Jim Hurm John Dean Larry Brown Ron Hume 4 1 PRINTED ON RECYCLED PAPER °• I "pan f twt • cR.r torn g� Co a - 561.8. t 3 5� / '� _ — t ►. t �'+f CORNER Por C \n 4 65.0 j 54 ft \ R \ T \ + aROPOSEO \ , f aa.e HOUSE O \ I \ \a m ry o / • L V 1 ` v ►, �11� Vi I o - I ►tv�'t'S t o btu ' i 097 Pe C 40 e� 8 0o SQ. (t. .�• i',' I 1 it -- - t ----- - - --I �i w f L E.WS7. 8LOCS. 1 REMA P 240 57. A' I / / t f o OR' zo VE� 01 . �_ ! •Q ,i p j�Q� . ( CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and utility easements in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior /Shorewood edition of the SUN-SAILOR NEWSPAPER on the 20th and 27th days of May, 1998; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the . question of vacation at a Public Hearing on the 8th day of June, 1998, in the Council Chambers at the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A, attached, be and hereby are vacated. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June, 1998. • ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator /Clerk LEGAL DESCRIPTION: "A permanent easement for drainage and utility purposes, over, under and across the North, South, East and West 10 feet of the following described properties: Parcel A: That part of Lot 57, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as beginning at a point on the west line of said Lot 57 distant 574.84 feet south from the northwest corner of said Lot 57, said west line has an assumed bearing of South 07 degrees 45 minutes East; thence North 89 degrees 36 minutes 50 seconds East 201.91 feet to the east line of said Lot 57; thence southerly along said east line to the centerline of Yellowstone Trail (a.k.a. Minneapolis and Glencoe Road); thence southwesterly 41 along said center line to the southerly extension of the west line of said Lot 57; thence northerly along said west line and its southerly extension to the point of beginning. Except the southeasterly 33 feet of the above described parcel. Together with that part of Lot 60 of said Auditor's Subdivision No. 133 lying east of Spruce Hill, according to the recorded plat thereof, and lying southerly of the westerly extension of the north line of the above described parcel Parcel B: That part of Lot 57, Auditor's subdivision No. 133, Hennepin County, Minnesota described as beginning at a point on the west line of said Lot 57 distant 574.84 feet south from the northwest corner of said Lot 57; thence on an assumed bearing of North 07 degrees 45 minutes West along said west line 82.12 feet; thence North 35 degrees 51 minutes 33 seconds East 287.25 feet to the east line of said Lot 57; thence southerly along said east line to the intersection with a line bearing North 89 degrees 36 minutes 50 seconds East and passing through the point of beginning; thence South 89 degrees 36 minutes 50 seconds West along said line to the point of beginning. Together with that part of Lot 60 of said Auditor's Subdivision No. 133 lying east of Spruce Hill, according to the recorded plat thereof, and lying between of the westerly extensions of the north and south lines of the above described parcel Parcel C: All of Lot 62 and that part of Lot 57, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as beginning at the northwest corner of said Lot 57; thence on an assumed bearing of South 07 degrees 45 minutes East along said west line 492.72 feet; thence North 35 degrees 51 minutes 33 seconds East 287.25 feet to the east line of said Lot 57; thence northerly along said east line to the northeast corner thereof; thence west along the north line of said Lot 57 to the point of beginning. Together with that part of Lot 60 of said Auditor's Subdivision No. 133 lying east of Spruce Hill, according to the recorded plat thereof, and lying north of the westerly extension of the south line of the above described parcel." Exhibit A f CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net/shorewood • cityhall @shorewood.state.net MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 6 June 1998 RE: Hume - Request for Refund of LSSAC and Park Fees FILE NO. 405 (98.04) At its last meeting the City Council approved a resolution allowing Mr. Ron Hume to combine three lots on Spruce Hill Court and resubdivide the property into two building sites. He has requested that the sewer charges and park dedication fees (a total of $2000) for the lot that has been eliminated be refunded. Since the original subdivision was less than one year ago, staff recommends that the fees be refunded to Mr. Hume. If you have any questions relative to this matter, please call me prior to Monday night's meeting. cc: Jim Hurm Larry Brown John Dean Al Rolek Ron Hume Is % PRINTED ON RECYCLED PAPER 25040 Yellowstone Trail Excelsior, MN 55331 4 May 1998 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 0 re: Hume Simple Subdivision /Combination Dear Mayor Dahlberg and City Council Members: Due to the sale and lot line rearrangements of my existing property at 25040 Yellowstone Trail, I respectfully request the city to vacate the previously recorded drainage and utility easements. I have attached copies that reference the above. Before the Planning Commission on Tuesday, May 5, 1998, is a request to rearrange the previously approved subdivision, providing for the lots to be larger in size. The new surveys, which have been sent to Brad Nielsen, show the new lot line rearrangements. A permanent easement for drainage and utility purposes will be deeded to the city as requested. Also, due to the fact that the final lot configuration of the subdivision is only two parcels, not three as originally approved, I respectfully request a refund of the excess park and sewer fees paid on July 21, 1997, in the total amount of $2,000.00. Thank you in advance for your help and support. If you have questions I will be at the planning meeting Tuesday evening. ly, Ronald C. Hume CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT -OF -WAY OF WILD ROSE LANE WHEREAS, Notice of Public Hearing on the proposed vacation of a portion of the public right -of -way of Wild Rose Lane in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior /Shorewood edition of the SUN-SAILOR NEWSPAPER on the 20th and 27th days of May, 1998; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 8th day of June, 1998, in the Council Chambers at ® the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the public right -of -way legally described in Exhibit A, attached hereto and made a part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED, that the City hereby reserves an easement for purposes of roadway construction, drainage and utilities over, under and across the property legally described in Exhibit A. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 40 8th day of June, 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk LEGAL DESCRIPTION: "That part of the southwesterly 15.00 feet of Lot 4, Block 1, Birchbluff Woods, as taken for Wild Rose Lane, which lies northeasterly of a line drawn parallel with and 8.00 feet southwesterly of the northeasterly line of said southwesterly 15.00 feet." • U Exhibit A r - CITY OF SHOREWOOD COUNCIL CHAMBERS PARK COMMISSION MEETING 5755 COUNTRY CLUB ROAD WEDNESDAY, MAY 27, 1998 6:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Vice Chair Dallman called the meeting to order at 6:07 p.m. A . Roll Call Present: Chair Puzak (arrived at 7:00); Commissioners, Dallman, Arnst, Bensman and Themig; Administrator Jim Hurm, Council Liaison Roger Champa, Mark Koegler Absent: Commissioners Colopoulos and Cochran Also present: Bill Morse of Decision Resources • B . Review Agenda Administrator Hurm explained that he and Mark Koegler talked regarding the status of the Citizens Review Group. The first fifty letters sent out to residents and followed up with a phone call only resulted in two residents that said they would participate. It was then followed -up with another fifty letters sent out and followed up with a phone call from which only four residents agreed to participate. Mr. Koegler explained that the follow -up phone call response from several residents was that this is a tough time of the year. Mr. Koegler stated that six residents are not enough for the Citizens Review Group. Mr. Koegler suggested that we try in October, carry over the six people that agreed to participate and explain to them the situation and go back to the same 100 again and seek volunteers at that point because of the response from the follow -up phone calls. The goal is to have a minimum of twelve to fifteen participants, twenty would be nice. Themig moved, Bensman seconded that the Park Commission table the Citizen Review Group until late September and invitations be sent out early September. Bensman stated that she would like to see the invitation go out in August so that residents can get those dates on their calendar. Themig amended motion to say that the invitations go out in August. Approved 311 (Arnst opposed). 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of May 12, 1998 Corrections made as follows: Page 3, paragraph 5, changed to read "Chair Puzak asked if there could be "center car here" posts at the parking lot on Eureka. Page 4, paragraph 2, last sentence should read: If there is any money left, consensus was to keep it in Cathcart and put it towards a magic square on the basketball court. PARK COMMISSION MINUTES MAY 27, 1998 - PAGE 2 Page 4, paragraph 4, draft of CIP, not working CIP should be added. Page 4, paragraph 5, Cochran should be taken out of sentence. Page 5, paragraph 8, Diane should be Diana. Page 5, paragraph 10, change "wants to discuss next year" to "wants to have in place for next year ". Page 6, paragraph 5 should go after paragraph 6. Arnst moved, Themig seconded to approve the minutes as amended. Motion passed 4/0. 3. MATTERS FROM THE FLOOR None 4. REPORTS . A. Bill Morse, Decision Resources, LTD Will Present a Summary of the Park and Trail Survey Including Cross Tabs Attached to and made part of these minutes is the park and trail telephone survey and graphs from Decision Resources, LTD. Bill Morse went over the highlights of the telephone survey and graphs. He stated that they spoke to three hundred residents. The refusal rate was about 3 1/2 %, very, very small when the people understood that they were not trying to sell anything. They broke the ice by asking general questions such as "Quality of life in Shorewood ". 96% felt that the quality of life was either excellent or good, with 57% saying excellent. This places Shorewood as the number three community in the entire metro area, in terms of perception by its residents. Mr. Morse stated that the 57% figure is only four points lower than the top score of 61% that they have seen in ten years of surveys. What people least liked about living in Shorewood was number one, taxes, 22 %. The figure of 22% is lower than the neighboring communities. Minnetonka at 35 %, Chanhassen in over 40 %. 20% said there was nothing that they didn't like about Shorewood. In most suburban communities this has dropped off. The norm currently in the metro area is 7 %. Shorewood is about three times higher then the norm. 20% is a very good score. Two issues that came up as moderate concern was growth and traffic. These were at 9% and 10 %. Commissioner Themig asked if it was traffic in town or if it was getting here. Mr. Morse stated that it is congested streets. Those that thought it would be the commute would have said distance to the cities or the amount of time getting to the cities. People that are concerned about the commute would be in the "distance to the cities" category. Commissioner Artist asked where the questions "Direction of the City" came from. Mr. Morse stated that this should have been deleted. It was a mistake and should not of been on there. 65% have visited a park at least once this year. This is a very high usage rate in comparison with most areas. Freeman park is the most utilized park. In general those that are using the parks PARK COMMISSION MINUTES MAY 27, 1998 - PAGE 3 evaluate of each of the parks outstanding. Some of the negative responses (which is a very small percentage) were maintenance and upkeep and lack of facilities. The maintenance and upkeep tended to be the most talked about in the resident's responses. The three items that people are using the most in the parks are: 69 %- grassy areas, 67 %- playground equipment, 66 %- trails at Freeman. The trails were the key draw by people in other parts of the city in the use of Freeman park. The value of park facilities is overwhelmingly favorable. Grassy areas and playground areas rate as a positive value. Commissioner Bensman asked if they have the responses to these questions. Mr. Morse stated that they do. Next was recreational development priorities of residents. Residents indicated that trails were their first or second priority. The top priority is trails and the second priority would be open space. Mr. Morse stated that half the residents are going elsewhere for recreation. 14% are Ieaving to go to other parks, 10% to other trails and 7% to swimming pools. Question "are you using trails elsewhere ", the answer was yes, 43 %. Mr. Morse explained that in the four or five communities where they have asked this question the norm is 29 %. It does show that there is interest in the community for using trails. People are making a distinction between parks and trails. People were asked if they would like to see the undeveloped land stay that way or see it become a recreation area. When asked this question they specifically asked if trails were included in that as recreation areas. The phoners said that that was not one of the options given. Positive response for trails was 40 %. They like the idea of being accessible. There was a very low percentage for those seeing nothing positive at all about trails in comparison with other cities. 51% said that they see nothing negative about trails. The types of things people saw as negative were maintenance, location, snowmobiles on trails, safety and crime, dogs and messes, negative impact on nature, and road crossings. Respondants 18-44 years old were strongly supportive of trails linked to or adjacent to them. Over the age of 44 tended to be less enthusiastic. The Not In My Back Yard (NEVIBY) problem is not concentrated in one area, it is spread out. In other communities NIlVIBY was a concern. Mr. Morse stated that NEABY would not be a crippling issue. Strong opposition of 19% indicates NIMBY comes into play for about 1 and 5 people. They become concerned when those strongly opposed is double that level. When you start getting to half then you have a fairly devastating issue on your hands. Mr. Morse stated that they did explore on the pre -test what the residents thought "adjacent" meant for trails. The pre -test indicated that it meant along their property line. Out of the 300 respondents about 100 opposed adjacent trails to their property. Residents Carmel Rehmalt and Theresa Zerby were present. Ms. Rehmalt stated that she was walking down Howards Point Road, and she counted in less then a mile 30 people walking and motorists trying to pass around them. She stated that this is dangerous and that trails would better serve Shorewood. After going over the survey it was discussed that the Citizens Review process should be re- addressed. This issue should not wait until September. Consensus was not to wait until September /October but to continue and try to recruit volunteers. PARK COMMISSION MINUTES MAY 27, 1998 - PAGE 4 Motion to be reconsidered. Arnst moved, Bensman seconded to send out another 150 letters randomly selected by Bill Morse of Decision Resources and schedule three meetings in July and to attempt to keep the six volunteers that we already have. Arnst amended motion to three meetings in July or sooner thereafter as feasible Bensman seconded. Motion passed 510. 5. OLD BUSINESS Commissioner Themig asked that Items 5 and 6 be tabled until the next meeting and move on the park tours. Commissioner Arnst asked that the role of the new liaison be explained. Chair Puzak explained that the liaison position is to carry first hand information to the City Council, what the motion was and what has been passed. The Liaison has a deeper knowledge of what was discussed at meetings and work sessions. Chair Puzak explained that the Park Commission may need the liaison's input. Themig motioned, Arnst seconded to table items 5 and 6 until the next meeting and go on the park tours. Motion passed 510. 6. NEW BUSINESS 7. ADJOURNMENT TO PARK TOURS The meeting adjourned at 7:27 p.m. to go on the park tours. RESPECTFULLY SUBMITTED Twila Grout Park Secretary • Manor Park Park Tour 5/27/98 Juniper is dead at the Shirley Rice Memorial sign (behind the trees as you are coming • into the park) • Graffiti behind the satellites on the fencing • Check the bushes around fencing of satellite • Consider benches for the baseball field • Paint entire west wall on picnic shelter Tennis Court * Check warranty on the tennis court regarding the cracks * Consider backboard/practice board for tennis court 0 Silverwood Park Park Tour 5/27/98 * Paint chipping on the bars of playground equipment * 40 feet of the trail there is deep holes (3 feet east of park bench) * Erosion on the ramp to the pond * South of the swing set in the woods there is a dead tree * Wood chips, top dress, seed • Badger Park Park Commission will tour this park 15 minutes before the next park Commission meeting CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR DEAN JOHNSON WHEREAS, Dean V. Johnson and Kay Johnson (Applicants) are the owners of certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into three parcels legally described in Exhibit B, attached hereto and made a part hereof, and WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements legally described in Exhibit C, • attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to dedicate the road right -of -way for Cathcart Drive and Smithtown Road legally described in Exhibit D, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described herein be divided into three parcels,, legally described in Exhibit B. • 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. That the Applicants record this resolution, together with the drainage and utility easements legally described in Exhibit C, and the road right -of -way legally described in Exhibit D, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk I AWL DESCRIPTION OF ENTIRE PARCEL: That part of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, described as beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line of said Northeast Quarter of the Southwest Quarter a distance of 718 feet; thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter, a distance of 297 feet; thence North parallel with the West line of said Northeast Quarter of the Southwest Quarter to the North line thereof, thence West to the point of beginning, according to the Government Survey thereof, except the South 160 feet thereof and except that part of the North 333 feet thereof lying East of the West 147 feet of said Northeast Quarter of the Southwest Quarter. • Exhibit A 4 PROPOSED LEGAL DESCRIPTION OF PARCEL A: The East 124 feet of the West 147 feet of the South 322.54 of the North 355.54 feet of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, according to the Government Survey thereof. PROPOSED LEGAL DESCRIPTION OF PARCEL B: * part of the Northeast Quarter of the Southwest Quarter of Section 32. Township 117, Range 23, Hennepin nty, Minnesota, described as beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line of said Northeast Quarter of the Southwest Quarter a distance of 718 feet: thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter, a distance of 297 feet; thence North parallel with the West line of said Northeast Quarter of the Southwest Quarter to the North line thereof, thence West to the point of beginning, according to the Government Survey thereof, except the South 160 feet thereof and except that part of the North 333 feet thereof lying East of the West 147 feet of said Northeast Quarter of the Southwest Quarter and except the East 124 feet of the West 147, feet of the North 355.54 feet except the West 23 feet thereof. PROPOSED LEGAL DESCRIPTION OF PARCEL C: The 114'orth 33 feet of the following described parcel and the West 23 feet of That part of the following described parcel that lies South of the North 33 feet thereof: That part of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, described as beginning at the Northwest corner of said p theast Quarter of the Southwest Quarter; thence South along the West line of said Northeast Quarter of the outhwest Quarter a distance of 718 feet; thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter, a distance of 297 feet; thence North parallel with the West line of said Northeast Quarter of the Southwest Quarter to the North line thereof; thence West to the point of beginning, according to the Government Survey thereof, except the South 160 feet thereof and except that part of the North 333 feet thereof lying East of the West 147 feet of said Northeast Quarter of the Southwest Quarter. Exhibit B The East and South 10 feet of the following described parcel: The East 124 feet of the West 147 feet of the South 322.54 of the North 355.54 feet of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, according to the Government Survey thereof. ALSO The North, East and South 10 feet of the following described parcel: That part of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, described as beginning at the Northwest comer of said Northeast Quarter of the Southwest Quarter; thence South along the West line of said Northeast Quarter of the Southwest Quarter a distance of 718 feet; thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter, a distance of 297 feet; thence North parallel with the West line of said Northeast Quarter of the Southwest Quarter to the North line thereof; thence West to the point of beginning, according to the Government Survey thereof, except the • South 160 feet thereof and except that part of the North 333 feet thereof lying East of the West 147 feet of said Northeast Quarter of the Southwest Quarter and except the East 124 feet of the West 147 feet of the North 355.54 feet except the West 23 feet thereof. Exhibit C North 33 feet of the following described parcel and the West 23 feet of that part of the following described parcel lies South of the North 33 feet thereof. That part of the Northeast Quarter of the Southwest Quarter of Section 32. Township 117, Range 23, Hennepin County, Minnesota, described as beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line of said Northeast Quarter of the Southwest Quarter a distance of 718 feet; thence East parallel with the North line of said Northeast Quarter of the Southwest Quarter, a distance of 297 feet; thence North parallel with the West line of said Northeast Quarter of the Southwest Quarter to the North line thereof, thence West to the point of beginning, according to the Government Survey thereof, except the South 160 feet thereof and except that part of the North 333 feet thereof lying East of the West 147 feet of said Northeast Quarter of the Southwest Quarter. Exhibit D CITY OF MEMORANDUM TO: • FROM: DATE: lX' FILE NO.: BACKGROUND SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall @shorewood.state.net Planning Commission, Mayor and City Council Brad Nielsen 27 May 1998 Minnetonka Moorings (aka Shorewood Yacht Club) — Simple Subdivision/Combination 405 (98.07) In the late 1970's, as a result of a court order, the City of Shorewood granted a conditional use permit to Minnetonka Moorings, Inc. to operate a sailing yacht club (Shorewood Yacht Club) at 600 West Lake Street (see Site Location map — Exhibit A, • attached). The City subsequently amended its zoning regulations, making the Yacht Club a nonconforming use in the R -IA, Single - Family Residential zoning district. One of the conditions of the C.U.P. required the Yacht Club to acquire two, 25 -foot deep strips of land on either side of what is now the Hennepin County Regional Railroad Authority ( HCRRA) right -of -way. In a recent effort to refinance the property, the current owner — John Cross, discovered that the deeds for the two strips of land had never been recorded. Mr. Cross now wishes to record the deeds in order to satisfy his lender. This requires approval of a simple subdivision and combination by the City. The property in question contains approximately 3.9 acres, split by the HCRRA right -of- way. The Yacht Club facilities and docks are located on the northerly portion of the site. The southerly parcel is substantially wetland with the easterly 300 feet of dry ground being used for parking and off - season dry storage of boats. Exhibit B is a survey of the property, showing the location of the Yacht Club facilities and the two strips of land in question. t M PRINTED ON RECYCLED PAPER Memorandum Re: Minnetonka Moorings Subdivision /Combination 27 May 1998 ANALYSIS/RECOMMENDATION Although the history of the Yacht Club has been quite complicated, the current request is relatively simple. The C.U.P. granted by the City in 1979 (see Exhibit C) required the Yacht Club to obtain the two 25 -foot strips of land. The Yacht Club has used the subject property for access, parking and dry land storage of boats since its beginning. Since the City required the Yacht Club to obtain the two strips of property, this is considered to be a "housekeeping" matter. It is worth noting that Mr. Cross has recently corrected one zoning violation on the site by obtaining a sign permit from the City. He is also in the process of correcting a second violation by moving the old lighthouse structure back to the north side of the parking lot, away from the HCRRA right -of -way. The applicant's request is considered to be consistent with the original C.U.P. and approval is recommended. • Cc: Jim Hurm John Dean Larry Brown John Cross -2- GIO�GN� S 1 30_1 , y� (29) , :< (27) (25) ,f (30) (53) , NORTH ( 5z ) 16 13 ` 3 2 . 3 . 51) \2g s i. (50) 65.0 (24) 95 1 " =200' 15 2 o (29) b A 3 4 9.2 (4) � 0 7 5 \ i� I� 7�59tS'�(38 ��`�•732.'9 ``� O /•• "� / �(12) 67 `q e . I '> •� 25 o• 'S - \ , 1 I - 3 � g 0 - 2 ( I 1 O a. ) 2 ?a 96 . (LAKE ST W) ' 40 (54) _ ' ice• ^ — Q1x"• A a —•j+, tiy�V /b .� 3 3 a 3 4 Q.Cit I Prop. 11+— r` _ 0 4 1 0 _ .,t > ''•..� qv (46)� 4 1 3 .::::...%".:;;i5'iiii::: ��rj,b R . A4 ? / (45, 4 "J 1� 44 ,43 (42) o 1 A R C o ..................... 1 - o r � � �n .1 C 4 3 a l�J •v 13 i 0 r. 3 5 CUTOT a v3 x•37• :5 3d. 31 0 t<; -:::. - >; :: L �•'i (8) 294 : :� �::1: ��� �:�:as ?���' <� :; c; ;:.;�::: :;:»: >:: >:�;:;;•;:.::: ...::: .... " 129 - I s a b• _ ;�� g as:::: >:: >:: ».> : >:: >::; .,,.;;>:;; >�: >:::> \,/ ,•' • W✓ u>� I t5 °' of 175 15 O t.t28 12 ZS �N X / PART OF j LOT 21a -2 V ;1- ? GO i :8.25 i a ' 75 i M(I�l ( 1 ) B IGO IGO _ �'_1 �1�Y -- 179. `kA ....... , _ ;7 _ _; ; (22)9 ° PART ; C OL ;F L071184 _ PaRT OF LOT 297 "o i F1RT r,F 3 ( �( ( (E) —�_ 50.09•' 9). LGT213 ti PART pF LOT 286 0 :r .. 526.2s ....... ° (23) ' z 0 L 3 ---------- - - - - -- , n ' 5': MM 00 2'8.25 UU1����� 3 � N 1 } r 'OI s (24) / V /�- 'e_ 41 s0_ R-50 : 37.5 00 NES T Or' 169.75 �' $ -' - =�T 281 GILLETTE CUR ,.5� __ �� - (25) -- ! 0 A J 5 &.i9 1u9.9 09.3 6. I 7C. 23 �• 44 9 -U C� u, Z u, (52) (26) - .60 3 s (20) I< 5 " i2) I� (!3} ( 14) �� ( t} '> EI 170.71 GL _ 75 C9 E -' Q N i �� !18 129 ,a, j75 -Cal � 3► \ U In9.a I10 1tO G0'S � 13.0 � u . 3.•s : - � —� _ „ o �.`�. zG. z4' �, • . 1 0 " - — 4 v ^ __� W 1 S a �c� : Exhibit A 3 29) 2 ( 0) 3 (s3) �`� SITE LOCATION . � - ,tih `�6 N Minnetonka Moorings - subdivision/combination ¢ e t 1 !.� - S.K•CN Ua �l> fa lwt:t�i14 J, er r aac o� i o a.atwur► rn3wro ...' _ _ a+au. .o.. � P n ' • „ r �: _ ,7 J�31 ' � �4 >'� 4f � 1 ` a S \ ,•1t off! � M y' { 1 y �e q L p o 4 to _ � 1 \ .1. \\°c arr _ ` V K� ` Jtl'• J I l Szii •�j° ��'i S G. � I �yLl \p \\ 11 t h • ^mow 1 ?1 Yi. Xaz I . ,gy • ° � e.. ...� ` / I , , r I + 0 6565Si+i> Or( .70Q ... - - xhibit B PROPOSED DIVISION /COMBINATION • r l o I ,o t I For 80 slips W.W RESOLUTION NO. -'l9 WHEREAS, in March of 1976 Minnetonka Moorings, Inc., made application to the City of Shorewood requesting a conditional use permit to use part of Lot 25, Auditor's Subdivision No. 313, and Lots 283, 297, 304 and part of Lots 305 and 290, in Auditor's Subdivision No. 135, for a yacht club with 125 slips to store sailboats, for game courts such as tennis, the use of a structure located on the property for a clubhouse, and for parking and winter storage of sailboats, and WHEREAS, the property in question is located in the R -1 • single family residence district wherein a "yacht club" is a stated conditional use, and WHEREAS, the Planning Commission of the City of Shorewood held public hearings on the request for the conditional use permit and the City Council did receive the recommendations of the Planning Commission, and 1 W WHEREAS, the City Council did :itself hold public hearings on Lhe request at which parties desiring to be heard were heard, and WHEREAS, the Shorewood Zoning Ordinance, being Ordinance No. 77, in Section 7 sets forth the standards and conditions by which - the City Council may grant conditional use permits, and WHEREAS, the City Council did consider the nature of the request, recommendations of the Planning Commission, testimony of the public and -the requirements of Ordinance No. 77, and did deny 'the requested conditional use permit on a 3 to 2 vote by Resolution No. 50A -7'7, adopted July 25, 1977, and WI the applicant thereafter commenced an action in Ilennepin County District Court - to obtain a writ of mandamus - to compel - the City Council to issue the requested conditional use permit and the Court did, on August 21, 1978, enter its Findings of Fact, Conclusions of Law and Order for Judgment finding that the City Council's denial of the request for said conditional use permit was arbitrary, unreasonable, capricious and void and did conclude that the applicant was entitled to a judgment "compelling the City of Shorewood and its Council to issue a conditional use permit to petitioner for a yacht club as applied for by petitioner ", and Exhibit C SHOREWOOD RESOLUTION NO. 24-79 WHEREAS, the City Council did subsequently vote to forego W-� an appeal of said Order, but the Gideon's Bay Homeowners Associa- tion did petition the Court and was permitted to intervene in said matter and file an appeal of said Order to the Minnesota Supreme Court and said appeal is now under consideration by the Supreme Court, and WHEREAS, as a result of the tervis of permits as granted by the Lake Minnetonka Conservation District, the Department of Natural Resources and the Minnehaha Creek Watershed District, the applicant has submitted a revised plan to the City providing for 80 sailboat slips, rather than 125, and reducing the number • of parking spaces from that originally requested, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1. That a conditional use permit for a yacht club pursuant to Ordinance No. 77, Sec. 18, Subd. 3D, and the conditions here- after specified is hereby granted to the Shorewood Yacht Club, Inc. 2. That said conditional use permit is subject to the effect of existing orders of the Hennepin County District Court and the right to continue operation of the yacht club pursuant to said permit is subject to any further orders of said Court and is further subject to disposition of the appeal currently before the Minnesota Supreme Court and shall terminate in the event said Court should reverse the judgment entered in the Hennepin County District Court compelling the Council to issue this permit. 3. That notwithstanding that the original. application pro- posed installation of 125 sailboat slips and the Hennepin County District Court ordered issuance of a permit "as applied for ", in light of the fact that the applicant has now submitted a re- vised plan proposing 80 slips, the conditional use permit hereby granted shall be for 80 slips only, as described in the revised plans of March 9, 1979, but is nevertheless issued under and pur- suant to the original application and the order of the Court of August 21, 1978. 4. That said conditional use permit shall be valid and effective only so long as and during such period of time as the applicant continues to hold valid permits for 80 sailboat slips granted by the Lake Minnetonka Conservation District, the Depart- ment of Natural Resources, and the Minnehaha Creek Watershed District. -2- 5. That said conditional use permit is granted subject to compliance by Shorewood Yacht Club with the following conditions: dock a. The/permit shall be effective for a period of one year from the effective date thereof subject, however, to annual renewal under appropriate cir- cumstances. b. The permit shall be for the lands legally described on plan sheet 2 of the plans submitted to the City dated March 9, 1979. C. Construction affecting drainage patterns shall be • in accordance with the permit approvals granted by the Minnehaha Creek Watershed District dated December 7, 1978 and the Minnesota Department of Natural Resources dated March 15, 1979. d. The number of parking spaces provided shall be in accordance with the plans submitted dated March 9, 1979, and as required in the permit of the Minnehaha Creek Watershed District dated December 7, 1978. e. The permit shall be limited to the mooring of sailboats, except two power boats used by the management in the sailing school. f'. The following facilities shall be for the use of members only: (1) Launching ramp (2) Parking areas (3) Clubhouse ( ) Sanitation facilities (5) Pump out (6) Summer /Winter storage h. Hours of club operation: Closing time Priday unday through Thursday): 10:00 P.M. through Saturday): 1:00 a.m. i. Dock quiet hours shall be between the hours of 10:00 p.m. and 8:00 a.m. j. Sailboats when not in use shall have their halyards secured by such devices as will minimize any noise which might be caused by them. h. Right -of -way shall be given to all barges and work boats being used by the adjacent dredging company. -3- s I. Membership shall be geared as much as possible to accomodate Shorewood residents. M. Any radios utilized on -board sailboats shall be kept below decks with their volume at a discreet level. n. No members' pets shall be allowed on the premises. o. Pedestrian crossings of the railroad right -of -way shall be permitted and provided on the blacktop access driveway only. 6. That - the conditional use permit herein granted shall not be effective until the applicant has provided the City with the following items: a. Evidence that Minnetonka Moorings, Inc. has completed purchase under a previously documented Purchase Agreement with Chicago, Northwestern Transportation Company for the ac uisition of two parcels of railroad right -of -way described on plan sheet 2 of the revised plans dated March 9, 1979) such that it possesses the requisite control and dominion over said railroad right -of -way parcels required by Ordinance No. 77, Sec. 7, Subd. 3.C.2. b. Evidence of a license from Chicago, Northwestern Transportation Company for purposes of access across the railroad right -of -way to that portion of the subject property which lies northerly of the rail- road right -of -way. C. An executed lease between Minnetonka Moorings, Inc., and Shorewood Yacht Club, Inc., covering Parcels A and B, the two parcels of railroad right - of -way acquired, and the access driveway as described on plan sheet 2 of the revised plans of March 9, 1979, providing the beneficial use thereof to Shorewood Yacht Club, Inc. I 4 Upon filing of such evidence with the City the same shall be referred to the City Attorney for review and upon his written approval - thereof, filed with the City, the permit shall become effective. 7. That the conditional use permit hereby granted shall not constitute authorization to place fill upon wetlands nor constitute a building permit for any alterations or improvements of any structures located on the subject property. Separate permits shall be required from the City for such of these activities as are contemplated, if any. -LE- Upon vote being taken, the following voted "aye": I� t�;�r,i��t•, Nr�.ul <<�n, Nra.� -r r,.�,.,, �;Itri.w and the following voted "nay ": Not ir! c: /K ADOPTED by the City Council this 26 day of /�t.{,e.� , 1979. • -5- CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR MINNETONKA MOORINGS, INC. WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real property in the City of Shorewood, legally described in Exhibits A and B, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision and combination of said real property into the two parcels legally described in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the • Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described in Exhibits A and B be subdivided and recombined into two parcels, legally described in Exhibit C and D. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. That the Applicants record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk Description Parcel 1: That part of Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at the intersection of the Southerly extension of the East line of Lot 24, 'Auditor's Subdivision Number 313, Hennepin County, Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company) ; thence Westerly along said parallel line a distance of 621.26 feet; thence Southeasterly 29.64 feet, more or less, to a point which is on a line drawn parallel with and 50.00 feet Southerly from center line of said railroad track and 606.53 feet Westerly along the last described parallel line from the Southerly extension of the East line of said Lot 24; thence Westerly along the last described parallel line to the West line of said Government Lot 2; thence South along said West line to the center line of County Road Number 19; thence Northeasterly along the center line of County Road Number 19 to the Southerly 10 extension of the East line of said Lot 24; thence North along said extension to the point of beginning. Hennepin County, Minnesota. Parcel i3: That part of Lot 25 lying Westerly of the following described line:. Commencing at the Southeasterly corner of Lot 24 thence South along the East line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79 degrees 25 minutes 40 seconds a distance of 406.48 feet; thence deflecting right 94 degrees 49 minutes 20 seconds to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described; thence continuing along last described line to the shore line of Lake Minnetonka and there ending, "Auditor's Subdivision Number.313, Hennepin unty, Minnesota." Together with a 12 foot easement for road purposes, the center line of which is described as. follows: Commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25, a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 81 degrees 39 minutes a distance of 379.0 feet; thence deflecting right 58 degrees 52 minutes a distance of 46.06 feet to a point on the East line of above - described property and there ending, as shown in deed Document Number 1052891, Files of Registrar of Titles; (as to Parcel 3) Exhibit A f. Parcel 1 The Northerly 32 feet of the Chicago and North Western Transportation Company (formerly the Minneapolis & St. Louis Railway Company) right of way lying South of Lot 2.5, Auditor's Subdivision No. 313 all in the North Half of Section 34, Township 117, Range 23, Hennepin County, Minnesota. Except a triangular parcel lying Southwesterly of a line beginning at the Northwesterly corner of the above described parcel running Southeasterly to a point 21 feet East of the West line and 32 feet South. Parcel 2 The Southerly 35 feet of the Chicago and North Western Transportation Company (formerly the Minneapolis & St. Louis Railway Company) right of way lying North of the Westerly 120 feet of Lot 297, Auditor's Subdivision No. 135 and lying North of the East 500 feet of Lot 304, Auditor's Subdivision No. 135 all in the North Half of Section 34, Township 117, Range 23, Hennepin County, Minnesota. Except a triangular parcel lying Southwesterly of a line beginning at the Northwesterly corner . of the above described parcel running Southeasterly to a point 16 feet East and 25 feet South. Exhibit B NORTHERLY PARCEL (Combination of Northerly 32 feet of right of way with 34-117- 23-21-0033). That part of Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at the intersection of the East line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County, Minnesota ", with a line drawn parallel with and 18.00 feet Northerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company); thence Westerly along said parallel line a distance of 639.27 feet; thence Northwesterly to the Southwest corner of Lot 25, "Auditor's Subdivision Number 313, Hennepin County, Minnesota "; thence Easterly along the Southerly line of said Lot 25 to the Southerly extension of the East line of said Lot 24; thence South along said extension to the point of beginning. ALSO That part of Lot 25 lying Westerly of the following described line: Commencing at the Southeasterly corner of Lot 24 thence South along the East line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79 degrees 25 minutes 40 seconds a distance of 406.48 feet thence deflecting right 94 degrees 49 minutes 20 seconds to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described: thence continuing along last described line to the shore line of Lake Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin County, Minnesota ". ID Together with a 12 foot easement for road purposes, the center line of which is described as follows: Commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25, a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 81 degrees 39 minutes a distance of 379.0 feet; thence deflecting right 58 degrees 52 minutes a distance of 46.06 feet to a point on the East line of above - described property and there ending, as shown in deed Document Number 1052891, Files of Registrar of Titles. Exhibit C SOUTHERLY PARCEL (Combination of Southerly 25 feet of right -of -way with 34- 1 17- 23 -21- 0010). • That part of Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at the intersection of the Southerly extension of the East line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County, Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company); thence Westerly along said parallel line a distance of 621.26 feet; thence Southeasterly 29.64 feet, more or less, to a point which is on a line drawn parallel with and 50.00 feet Southerly from center line of said railroad track and 606.53 feet Westerly along the last described parallel line from the Southerly extension of the East line of said Lot 24; thence Westerly along the last described parallel line to the West line of said Government Lot 2; thence South along said West line to the center line of County Road Number 19; thence Northeasterly along the center line of County Road Number 19 to the Southerly extension of the East line of said Lot 24; thence North along said extension to the point of beginning, Hennepin County, Minnesota. Exhibit D CITY OF MEMORANDUM TO: FROM: • DATE: RE: FILE NO.: SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall@shorewood.state.net Planning Commission, Mayor and City Council Brad Nielsen 28 May 1998 Svoboda/Glaccum Lot Line Rearrangement 405 (98.06) Virginia Svoboda owns the property at 6090 Chaska Road (see Site Location map — Exhibit A, attached). As a result of some recent survey work on her property, her neighbor to the west, Joe Glaccum (6130 Chaska Road), discovered that the boundary between their properties was different than what he always thought it to be. Mr. Glaccum and his family have historically maintained and landscaped an area extending approximately 24 feet into the Svoboda property. The two owners now wish to rearrange the lot line between their properties to conform with their understanding of the boundary location. Both of the subject properties are located in the R -2A, Single and Two - Family Residential is zoning district. The Svoboda property contains 94,800 square feet of area, and the Glaccum property contains 62,000 square feet. As shown on Exhibit B, the applicants propose to swap almost equal triangles of land, making their common boundary somewhat more perpendicular• to the street. ANALYSIS/RECOMMENDATION This request is very simple and serves to illustrate why we are concerned with having lot lines as perpendicular to streets as possible. The proposed boundary rearrangement does not affect the conformity of any of the buildings on the property with respect to setback requirements. It is therefore recommended that the division and recombination be approved as requested. Cc: Jim Hurm Larry Brown John Dean Joe Glaccum Virginia Svoboda Richard Swanson �- PRINTED ON RECYCLED PAPER / W cd of 2 11. N 891 3W 01 w ---- - --- --- --- -- --- --- - -- --- - - - - -- — - -_ - -_ 5 90 22 . _ -- ----- ---- 2383U- °E•. I l,...r 6 SEG S.- i�T -zJ 1 I I 1 I I I � / I 1 1 �Q► � cb .r PROPOSED awNC tre c EMSTM / EYSTMG / 1979—S - . p N ?R°PQ¢D !!Y ExSTt+G m °rvd4 t/E / I e cft m � � I r ----- - - - - -- 2ri.T -- • -_ U R Z CL �J u W H W O J Zvg'� O J r` ! 0 91 Z da ( C-: O O O >m U�< i O • �OLLg 711 L E / Exhibit B PROPOSED DIVISION /COMBINATION CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR VIRGINIA SVOBODA AND JOSEPH GLACCUM WHEREAS, Virginia Svoboda and Joseph Glaccum III (Applicants) are the owners of certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real property into the two parcels legally described in Exhibit B, attached hereto and made a part hereof, and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described in Exhibit A be subdivided and recombined into two parcels, legally described in Exhibit B. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. That the Applicants record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk EXISTING GLACCLW CESCRIPTION That part of the Southeast Quarter of the Southwest Quarter of Section 34, 7ownsnip 117, Range 23 West of the 5th Principal Meridian. described as follows: Commencing at a point on the North line of said Southeast Quarter of Southwest Quarter distant 258.30 feet westerly from the Northeast corner thereof: thence 'Nest on the North line of said Southeast Quarter of Southwest Quarter a distance of 225.30 feet: thence South porcilei with the East line of said Southeast Quarter of Southwest Quarter. . to the center line of The Old Chaska Road; thence northeasterly along center line of said road to a ooint which is 275.00 feet Southwesterly. along said center line from the East line of said Southeast Quarter of Southwest Quarter: thence North to the point of oegmrnrtq, oeing a part of Lot 168. Auditor's Subdivision Number 1 35, Hennepin County, Minnesota, Excepting therefrom that port!on of the premises cbove described which lies northwesterly of the Southwesterly line of State Highway No. 7. EXISTING SVO800A DESCRIPT;CN `hat pert of Lot 168. AQuditor' s Subdivision Number 135, Hennepin County. Minnesota, wnich lies East of a line paraliei to the East line of said lot 168 and distant 258.3 feet Westerly From said East line, EXCEPT that part thereof lying North of State Highway Number T, Exhibit A PROPOSED GLACCUM DESCRIPTION That part of the Southeast Qta rW of the Southwest Quarter of Section 34, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point on the North line of said. Southeast Quarter of Soc duvest Quarter distant 484.2 feat westerly from the Northeast corner theraof; thence South paratlei with the East'iine of said Southeast Quarter of Southwest Quarter, to the center line of The Old Chaska Road; thence northeasterly along center line of said road to its intersection with the following described line: Commencing at the northeast comer of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees, 39 minutes, 01 • seconds West along the north line of said Southeast Quarter oMie Southwest Quarter a distance of 350.00 feet to the point of beginning of the Kne being described; thence South 7 degrees 06 minutes 08 seconds East to the south lire of said Southeast Quarter of the Southwest Quarter, and said line there ending.. thence North 7 degrees 06 minutes 08 seconds West along said above described line to its point of beginning, being. part of Lot 168, Auditor's Subdivision Number 133, Hennepin County, Minnesota, Excepting therefrom that portion of the premises above described which lies northwesterly of the Southwesterty line of State Highway No. 7. PROPOSED SVOBOOA DESCRIPTION That part of Lot 168, Auditor's Subdivision Number 135, Hennepin County, Minnesota;, which lies East of the following described line: Conxnencing at the northeast corner of said Southeast Quarter of the Southwest Quarter, thence on an assumed bearing. of North 89 degrees. 39 minutes, 01 seconds West along the north line of said Southeast Quarter of the Southwest Quarter a distance of 350.00 feet to the point of beginning of the line being described; thence South 7 degrees 06 minutes 08 seconds East to the south line of said Southeast Quarter of the Southwest Quarter, and said line there ending- EXCEPT that part thereof lying North of State Highway Number 7 Exhibit B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (612) 474 -3236 FAX (612) 474 -0128 - www.state.net /shorewood - cityhalI@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works • DATE: June 4, 1998 i RE: Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding of the Contract - Strawberry Lane Pavement Reclamation Project. Attachment 1 is the bid tabulation for the Strawberry Lane Pavement Reclamation Project (City Project 95 -17). Hardrives Inc. is the low bidder at $194,554.00, and is known to be a competent responsible contractor. The Engineer's estimate is $220,330.00. Staff is therefore recommending approval of the award of contract to Hardrives, Inc. Letters of anticipated construction start will be sent to surrounding residents well in advance of construction. • A resolution is attached for your consideration. �«� PRINTED ON RECYCLED PAPER 9 BID TABULATION FOR STRAWBERRY LANE STREET IMPROVEMENTS CITY PROJECT NO. 95 -17 CITY OF SHOREWOOD, MINNESO BIDS OPENED: 10:00 A.M. ORR- SCHELEN- MAYERON JUNE 3, 1998 & ASSOCIATES, INC. CONTRACTOR'.' BID SECURITY TOTAL BID: Midwest Asphalt Corporation Valley Paving, Inc. Buffalo Bituminous, Inc. Hardrives, Inc. Kusske Construction Company, Inc. Northwest Asphalt, Inc. Midstate Reclamation, Inc. Schreiner's Trucking, Inc. • ENGINEER'S ESTIMATE $220,330 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT T - 1`ION OF THE BIDS AS RECEIVED CAN: DATE: June 3, 1998 OSM Project No. 97009.05 'Denotes Corrected Figure J:\5572.04\S PEC`.B I D TAB Attachment 1 CITY OF SHOREWOOD RESOLUTION NO. 98 - A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR STRAWBERRY LANE PAVEMENT RECLAMATION PROJECT WHEREAS, pursuant to an advertisement for bids for local improvements designated as Strawberry Lane Pavement Reclamation Project, City Project No. 95 -17, bids were received, opened on June 3, 1998 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 Hardrives, Inc., is the lowest bidder in compliance with the specifications. 0 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 Shorewood, Project No. 95 -17, 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 8th • day of June, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR f s MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall @shorewood.state.net TO: Mayor and City Council James Hurm, City Administrator oz, FROM: Larry Brown, Director of Public Works DATE: June 4, 1998 RE: Consideration of a Motion to Adopt a Resolution Authorizing the Form of Agreement With the Petitioners of the Lakeside Watermain Project Petitioners for the Lakeside Watermain Project (Mr. Bill Wicka and neighbors) have completed the petition process through the bidding phase of the project. Bids have been received and tabulated. As part of the continued process to get this project under construction, the petitioners need to execute a Waiver Agreement stating that they are willing to pay, or have levied against their property, all construction and administration costs involved to complete the project. At the time of this report, bids have been received and tabulated. However, the agreements for the is petitioners have not been finalized for execution. To expedite the process, staff is requesting that the City Council authorize approval of the form of the agreement with the petitioners, which petitions the City to collect or levy remaining costs against the subject parcels. Award of the construction contract, (Agenda item 10b), will be contingent upon the petitioners finalizing this agreement. A resolution and form of agreement are attached for your consideration. # /b6k f 1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION AUTHORIZING THE FORM OF AGREEMENT WITH THE PETITIONERS OF THE LAKESIDE WATERMAIN PROJECT WHEREAS, Resolution 98 -035 adopted by the City Council on April 27. 1998, Approved Plans, Specifications, and Estimates for the Lakeside Watermain Improvement, City Project 97 -6 and authorized Advertisement for Bid; and WHEREAS, Bids were received, opened on May 20, 1998 and tabulated according to Law; and WHEREAS, It is the policy of the City of Shorewood that Petitioners for said improvement project shall execute a Waiver Agreement form, attached hereto as Exhibit A, requesting that costs for said improvement shall be assessed against their property and waive their right to appeal said assessment; 0 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. City Staff is hereby directed to forward a copy of the Waiver Agreement, attached hereto as Exhibit A, to each Petitioner for the Lakeside Watermain Project. 2. All completed Waiver Agreements must be returned to the City of Shorewood by June 30, 1998 for said improvement project to proceed. Failure of the Petitioners to return all said agreements to the City shall be indication that the project shall not to be awarded. is ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8 day of June, 1998. TOM DAHLBERG, MAYOR ATEST JAMES C. HURM, CITY ADMINISTRATOR WAIVER AGREEMENT The undersigned is the owner of property Iocated at in the City of Shorewood and legally described as The undersigned together with the owners of other property has petitioned the City of Shorewood to construct the following public improvement. and have agreed that 100% of the cost of the improvement be charged against the petitioners' properties through a combination of special assessments and user charges for water service. The undersigned understands that the cost of the project may be as much as and the amount assessed against the undersigned's property may be as much as The undersigned understand that the project is economically feasible only because the special assessment which they have agreed to pay is greater than the ordinary special assessment provided for in the City Code. The undersigned also understand that they will additionally be charged a connection charge within 30 days after the acceptance of the project by the City Council of Shorewood. I* The undersigned understands that state law gives them the right to appeal the levy of special assessments against their property. The undersigned, for themselves and their successors and assigns hereby waive any rights to appeal either with respect to the procedure or the amount of any special assessment which is levied in accordance with the dollar limitations contained in this agreement. Dated: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net/shorewood • cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works 0 DATE: June 4, 1998 RE: Consideration of a Motion to Adopt a Resolution Accepting Bids and Awarding Contract for the Lakeside Watermain Project Bids have been received and tabulated for the Lakeside Watermain Project. Attachment 1 is the Bid Tabulation. Kusske Construction Company Inc. is the low bidder for the project with an amount of $29,280.45. This bid is substantially less than the other bids, or the engineer's estimate. Kusske Construction has not performed work within the City of Shorewood previously. References were checked regarding the contractor and found to be in order. The Cities of Chaska • and Lakeville utilize this contractor as their own contractor for this size construction work. All of the references responded that Kusske Construction Company is very capable of the proposed work, is timely in completing the work, and is responsive to correct outstanding punchlist items. Award of this contract needs to be contingent upon the petitioners entering into the secondary agreement with the City of Shorewood which states that the petitioners agree to have all costs of construction and administration levied against their property. Staff is recommending that the attached resolution awarding the contract to Kusske Construction Inc. for the Lakeside Watermain Project be approved contingent upon the petitioners entering into an agreement with the City of Shorewood for all costs of the project. t.«� PRINTED ON RECYCLED PAPER /D ✓ . ABULA FOR LAKESIDE WATERMAIN EXTENSION CITY PROJECT NO. 97 -03 CITY O F SHOREWOOD, MINNESOTA BIDS OPENED: 10:00 A.M. MAY 21, 1998 ORR- SCHELEN- MAYERON & ASSOCIATES, INC. WIDMER, INC. I X $40,387.25 KUSSKE CONSTRUCTION CO., INC. I X $29,280.45 ENGINEER'S ESTIMATE $35,187.75 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: 1 0 DATE: May 21, 1998 r e - ' Hurm - City Administrator Brown - Director of Public Works Attachment I CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LAKESIDE WATERMAIN PROJECT WHEREAS, Resolution 98 -035 adopted by the City Council on April 27. 1998, Approved Plans, Specifications, and Estimates for the Lakeside Watermain Improvement, City Project 97 -6 and authorized Advertisement for Bid; and WHEREAS, Pursuant to an advertisement for bids for local improvements designated as Lakeside Watermain Project, City Project No. 97 -06, bids were received, opened on May 20, 1998 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 Kusske Construction Company, Inc., is the lowest bidder in compliance with the specifications. 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 a contract with Kusske Construction Company, Inc., in the name of the City of Shorewood, Project No. 97 -06, according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator /Clerk; contingent upon Petitioners for said Improvement Project returning completed Waiver Agreement forms by June 30, 1998. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8` day of June, 1998. ATTEST TOM DAHLBERG, 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.net /shorewood • cityhall@shorewood.state.net C. • MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works DATE: June 4, 1998 RE: Consideration of a Motion to Adopt a Resolution Accepting The Feasibility Report and Setting a Date for A Public Information Meeting - Wiltsey Lane Improvement Project Attachment 1 is the feasibility report prepared by WSB and Associates, Inc. for the Wiltsey Lane Improvement Project. As described in the feasibility report, the existing Wiltsey Lane varies in width from 18 to 22 feet in width and is approximately 520 feet in length. The cul -de -sac at the westerly terminus is approximately a 30 foot radius. There are 6 lots on the north side of Wiltsey Lane. The lot at the north west quadrant of Wiltsey Lane and Pleasant Avenue fronts on Pleasant Avenue. The south side of the right of way corresponds to the State Trunk Highway 7 right of way.. The proposed roadway section would include 4 inches of bituminous and a minimum of 9 inches of aggregate base. Existing aggregate materials would need to be tilled and recompacted to insure a uniform cross section of base materials. This will help minimize damage of frost heaves and settlements in the future. The total cost of the project is estimated at $43,982, with costs broken out as follows: Roadway Construction: $28,975.00 Storm Sewer: $ 1,277.50 Sanitary Sewer $ 2,158.00 Turf Establishment: $ 2,150.00 Signs $ 625.00 Contingency 5% $ 1,759.00 Survey, Design, Admin 20% $ 7 037 00 Total Project Cost $43,982.00 j PRfNTED ON RECYCLED PAPER It should be noted that $1,750 of the total cost is due to the installation of a sanitary sewer service that is required at the end of the cul -de -sac, and will be deducted from the total project costs when considering costs related to the benefiting properties of the project. Therefore, the revised amount for discussion of the roadway purposes can be approximated by Total Project Cost - $1,750, which equals $42,234. The City has three basic scenarios to consider regarding funding alternatives. L The City funds 0 % of the project costs and assesses the total amount 2. The City funds 100% of the project costs with no assessment to the abutting properties 3. The City funds a portion of the project costs, with the remaining portion being funded by assessments As mentioned earlier, there are 6 lots abutting Wiltsey Lane all on the north side with State Trunk Highway 7 right of way abutting the entire south side of the roadway. The lot at the northeast • quadrant of Pleasant Avenue and Wiltsey Lane fronts on Pleasant Avenue. It is suggested that although this lot abuts Wiltsey Lane, that there is little benefit to the property. Therefore, there are 5 properties that directly benefit from the project. Scenario 1: If the City Council chooses to have the petitioners fund 100 percent of the costs, the cost per each of the 5 lots would be: Cost per benefited lot: $42 = $8,446.80 5 Scenario 2 0 If the City Council chooses to fund 100% of the costs, the assessments against the property would zero. The local roadway fund would fund the entire cost of the project (less sanitary se er items to e funded from the sanitary sewer fund). Scenario 3: There are any number of different ways to derive a reasonable apportionment of costs to be divided amongst the abutting property owners. It is suggested that since the State Highway 7 right of way abuts approximately half of the roadway frontage, the City would pick up 50 percent of the roadway costs. The 5 property owners would then be assessed the remaining 50 percent of the roadway costs. Based upon this method, costs would be broken out as follows: Local Roadway Fund: $42.234 = $21,117 2 Amount Assessed $42,234 = $4,223.40 per lot per Lot 2 * 5 lots Recommendations: It is worthwhile noting that the purchaser of a property, under today's development standards, pays for the initial construction of a paved roadway as part of the lot purchase price. When the property around Wiltsey Lane was platted in 1956, it is safe to assume that the standard was not a paved roadway, but a gravel roadway. Therefore, it is very likely that the residents living along Wiltsey Lane have paid the cost of a gravel roadway in the purchase price of their lot, and not a paved roadway. It is the recommendation of this report that Scenario 3 be chosen which outlines that a portion of the costs would be assessed against the benefiting property owners. Staff is seeking the City Council's input with regard to the method of funding that is desirable. In addition, it is suggested that June 17, 1998 be slated for a public information meeting from 6:30 to 7:30 PM. A resolution is attached for your consideration. • Ll This memorandum reflects the body of the feasibility report. Because of technical difficulties, the actual feasibility report and resolution will be provided under separate cover. • 0 MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhalI@shorewood.state.net TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works DATE: June 4, 1998 RE: Consideration of a Motion to Adopt a Resolution Accepting The Proposal from Safe Assure Consultants The lake area communities Directors of Public Works have been working together the last 12 months to streamline the training and safety process that is required by the Occupational Safety and Health Association (OSHA) for all Departments of Public Works, municipal buildings, and staff members. As a sampling, OSHA mandates that all of the Public Works employees be trained and certified in the following areas: Emergency Response Preparedness Hearing Conservation Entry of Confined Space Employee Right to Know Power Industrialized Trucks AWAIR Program Fitting and use a Respirator Lock Out Tag Out Cranes, Chains, and Slings Personal Protective Equipment Blood Borne Pathogens Equipment Operation Certification Federal regulations state that all policies ranging from response to a building fire, to operation of a front end loader are to have a written procedure in accordance to OSHA standards. In addition, the City must be able to document that staff members are certified in the appropriate areas. In the event of an inspection by OSHA representatives, staff members are required to produce documentation which shows the written procedure for the topic of questions, and the certifications acknowledging that staff members have been adequately trained. Through the joint research project of the lake area communities, a firm known as Safe Assure Consultants has been chosen to work with all of the cities jointly. By working together, costs of assessments and training sessions can be kept to a minimum. Representatives of Safe Assure have worked with this group to outline a program specific to each municipality, while taking advantage of sessions that can be completed as one or two large groups. t PRINTED ON RECYCLED PAPER, As part of this proposal, Safe Assure Consultants will perform two simulated OSHA inspections for eve ry building owned or operated by the City of Shorewood. This first inspection will identify problems that need to be corrected in accordance to OSHA and Federal Rules. A second inspection will be completed as a follow up to insure that items have been corrected properly. Safe Assure will also perform an assessment of all of the equipment the City possesses to provide the necessary OSHA documentation and certification program for employees, as appropriate. Training sessions would also be performed 4 hours, every other month. Costs for the services outlined in the proposal are $2,532.60. This price reflects a discount for the communities working together as a group. If approved, star is suggesting that $1,200 be utilized from the City Engineer's conference dollars already budgeted, with the remaining portion being funded from the contingency fund. A resolution is attached for your consideration. 0 0 illoposal Iro 'o. 0 • LA LMssure Mconsultants Attachment l City of Shorewood 1998 TENTATIVE TRAINING SCHEDULE April OSHA RECORDKEEPING AS REQUIRED j MONITORING SAFEASSURE SIMULATED OSHA INSPECTION SAFEASSURE A.W.A.I.R. ALL PERSONNEL EMERGENCY ACTION PLAN ALL PERSONNEL May June HEARING CONSERVATION ALL PERSONNEL CONFINED SPACE AS REQUIRED 0 July August EMPLOYEE RIGHT TO KNOW AS REQUIRED (SPECIFIC) EMPLOYEE RIGHT TO KNOW ALL PERSONNEL (GENERAL) September October RESPIRATORS AS REQUIRED L.O.T.O. ALL PERSONNEL November or December CRANES -CHAINS -SLINGS AS REQUIRED P.P.E. ALL PERSONNEL SIMULATED OSHA INSPECTION SAFEASSURE January 1999 February GENERAL SAFETY REQUIREMENTS ALL PERSONNEL 1999 POWERED INDUSTRIAL TRUCKS AS REQUIRED QUIZ ALL PERSONNEL The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Shorewood are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident & Injury program that promotes safe & healthful working conditions...... " EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies". CONTROL OF HAZARDOUS ENERGY -- 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section ". HAZARD C0NEM UNICATIONS 29 CFR 1910.1200 & 0 MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for.- development & maintaining a written hazard communication program for the work place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............ " POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks ". CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. 0 OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8 -hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employees) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate o minimize employee exposure. GENERAL DUTY CLAUSE PL91 -596 "Hazardous conditions or practices not covered in an O. S. H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their) employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their) employees. " In the interest of Quality Safety Management, it is recommended that employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1926 Subpart C - General Safety and Health Provisions 1926 Subpart D - Occupational Health and Environmental Controls 1926 Subpart E - Personal Protective and Life Saving Equipment 1926 Subpart F - Fire Protection and Prevention 1926 Subpart H - Materials Handling, Storage, Use, and Disposal 1926 Subpart I - Tools - Hand and Power 1926 Subpart K - Electrical 1926 Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors 1926 Subpart P - Excavations 1926 Subpart X - Ladders 1926 Subpart Z - Toxic and Hazardous Substances 1910 Subpart D - Walking- Working Surfaces 1910 Subpart G - Occupational Health and Environmental Control 1910 Subpart H - Hazardous Materials 1910 Subpart I - Personal Protective Equipment 1910 Subpart J - General Environmental Controls 1910 Subpart K - Medical and First Aid 1910 Subpart L - Fire Protection 1910 Subpart M - Compressed Gas and Compressed Air Equipment 1910 Subpart N - Materials Handling and Storage 1910 Subpart O - Machinery and Machine Guarding 1910 Subpart P - Hand and Portable Powered Tools and Other Hand -Held Equipment 1910 Subpart Z - Toxic and Hazardous Substances • * *Subpart K Medical and First Aid SafeAssure Consultants employs certified First Aid /CPR instructors and will provide First Aid /CPR training to The City of Shorewood employees in accordance with the standards required by the American Heart Assoc., the American Red Cross and the National Safety Council. Rates for the program will be quoted and agreed upon under se aratg cover All training will meet or exceed all State and/or Federal OSHA requirements. These programs /policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Shorewood to obtain as required to comply with OSHA standards. Our training year will begin on the signing of this proposal. Classroom training will be accomplished at a time convenient to most employees /management and so selected as to disrupt the workday as little as possible. All documents produced by SafeAssure Consultants for The City of Shorewood are for the sole and express use of The City of Shorewood and its employees and not to be shared, copied or used by any division, department, subsidiary or parent organization without the prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and /or additions to your program when necessary to comply with changing OSHA standards /statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Shorewood SafeAssure consultants does not take responsibility for financial loss due to OSHA. fines or any other factors within The City of Shorewood • • ADDENDUM SAFETY PROGRAM RECOMMENDATIONS City of Shorewood Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • write site specific program • documented training of all personnel . • accident investigation • two documented simulated OSHA inspections • safety committee advisor Employee Right to Know/Hazard Communication • write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • create and maintain hazardous substance list • create and maintain MSDS manual • Lock Out/Tag Out (Control of Hazardous Energy) • write site specific program • documented training of all personnel • write and post procedures for all applicable machinery Emergency Action Plan • write site specific program • documented training of all personnel • develop and promote procedures and maps • conduct documented practice drills SAFETY PROGRAM RECOMMENDATIONS City of Shorewood Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • write site specific program • documented training of all personnel • accident investigation • two documented simulated OSHA inspections • safety committee advisor Employee Right to Know/Hazard Communication • write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • create and maintain hazardous substance list • create and maintain MSDS manual Lock Out/Tag Out (Control of Hazardous Energy) • write site specific program • documented training of all personnel • write and post procedures for all applicable machinery Emergency Action Plan • write site specific program • documented training of all personnel • develop and promote procedures and maps • conduct documented practice drills Bloodborne Pathogens • write site specific program • documented training of all E.R.T. personnel • conduct documented practice trauma drills Powered Industrial Trucks • write site specific program • documented training of all personnel • required licensing Respiratory Protection • write site specific program • documented training of all personnel • required fit tests Hearing Conservation (Occupational Noise Exposure) • write site specific program • documented training of all personnel • decibel testing and documentation Cranes-Chains-Slings • write site specific program • documented training of all personnel Personal Protective Equipment • write site specific program • documented training of all personnel Confined Space • write site specific program • documented training of all personal General Safety Requirements • write site specific program • documented training of all personnel Miscellaneous • Workplace Hazard Assessment • training manual maintenance • documented foot - candle readings • OSHA recordkeeping • General Duty Clause • assistance during an actual OSHA inspection • general safety recommendations • • During the twelve -month duration of this program, SafeAssure Consultants will act as a consultant to, and /or perform the function of Safety Manager for The City of Shorewood U The options of payment for all required programs and procedures are listed below. ❑ Option One Total cost Discount if paid on signing Total if paid on signing 10% _ $2,814.00 281.40 _ $2 9 532.60 Date Date Date The City of Shorewood SafeAssure Consultants SafeAssure Consultants ❑ Option Two The total cost without discount is $2,814.00 payable in four quarterly payments of $703.50. The first payment due on the signing of this proposal. The City of Shorewood SafeAssure Consultants SafeAssure Consultants Date Date Date The above options and cost analysis are valid through 30 days of proposal date. "Sr{fety Wise We Specialize" CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION ACCEPTING PROPOSAL FOR SAFE ASSURE CONSULTANTS WHEREAS, the Occupational Health and Safety Administration (OSHA) mandates that employees be adequately informed with written procedures and trained in general safety guidelines within the scope of their job duties; and WHEREAS, the Lake Area Communities have requested a proposal from Safe Assure Consultants for professional services, to evaluate and advise the City of necessary programs, procedures, and training to meet or exceed OSHA and Federal Regulations, as it relates to safety; and WHEREAS, Where it is the recommendation of the Director of Public Works that the proposal of Safe Assure Consultants dated April 8, 1998 be accepted; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. That the Mayor and City Administrator are authorized to enter into an agreement for professional consulting services with Safe Assure Consultants to provide services as outlined in Exhibit A, for the City. 2. Funding for said services will divided between fund 10 -613 7 (travel, conference and schools) and the contingency fund in the amounts of $1,200.00 and $1,332.60 respectively. • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8` day of June, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR SAFETY PROGRAM RECOMMENDATIONS City of Shorewood Wrist.-In Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • write site specific program • documented training of all personnel • accident investigation • two documented simulated OSHA inspections • safety committee advisor Employee Right to Know/Hazard Communication • write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • create and maintain hazardous substance list • create and maintain MSDS manual Lock Out/Tag Out (Control of Hazardous Energy) • write site specific program • documented training of all personnel • write and post procedures for all applicable machinery Emergency Action Plan • write site specific program • documented training of all personnel • develop and promote procedures and maps • conduct documented practice drills a _X t i i �i ► i ��., Bloodborne Pathogens • write site specific program • documented training of all E.R.T. personnel • conduct documented practice trauma drills Powered Industrial Trucks • write site specific program • documented training of all personnel • required licensing Respiratory Protection • write site specific program • documented training of all personnel • required fit tests Hearing Conservation (Occupational Noise Exposure) • write site specific program • documented training of all personnel • decibel testing and documentation Cranes - Chains- Slings • write site specific program • documented training of all personnel Personal Protective Equipment • write site specific program • documented training of all personnel Confined Space • write site specific program • documented training of all personal General Safety Requirements • write site specific program • documented training of all personnel • • Miscellaneous • Workplace Hazard Assessment • training manual maintenance • documented foot - candle readings • OSHA recordkeeping • General Duty Clause • assistance during an actual OSHA inspection • general safety recommendations • During the twelve -month duration of this program, SafeAssure Consultants will act as a consultant to, and /or perform the function of Safety Manager for The City of Shorewood The options of payment for all required programs and procedures are listed below. ❑ Option One Total cost = $2,814.00 Discount if paid on signing 10% _ -$281.40 Total if paid on signing = $2,532.60 The City of Shorewood Date SafeAssure Consultants Date SafeAssure Consultants Date ❑ Option Two The total cost without discount is $2,814.00 payable in four quarterly payments of $703.50. The first payment due on the signing of this proposal. The City of Shorewood SafeAssure Consultants SafeAssure Consultants Date The above options and cost analysis are valid through 30 days of proposal date. Date Date "Safety Wise We Specialize" CITY OF SHOREWOOD MEMORANDUM TO: FRONT: DATE: RE: FILE NO. 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net/shorewood • cityhall@shorewood.state.net Mayor and City Council Brad Nielsen 6 June 1998 Waterford HOA - Request to Lease or Purchase Public Property for Entry Sign Monument 405(Misc.) Kevin G. Norby & Associates has requested, on behalf of the Waterford Homeowner's Association, that the Association be allowed to either lease or purchase an outlot currently owned by the City. The subject property is Outlot E, Waterford, located in the northwest corner of the intersection of Covington Road and Old Market Road (see Site Location map - Exhibit A, attached). The Association would like to erect an entry monument sign as explained in a letter from Jeff Feece, dated 1 June 1998 (see Exhibit B). The property is a remnant from the City's purchase of the Silverwood Park property. It was severed from the park when Old Market Road was platted. Staff has done a - preliminary investigation on this request and suggests that there may be some merit in selling the outlot. Before spending more time on this issue, some direction from the Council as to its willingness to dispose of the property is needed. If the Council is willing to consider the sale of the property to the HOA, a public hearing can be scheduled for the first meeting in July. Another option would be to lease the site to the Association. If that is preferable to the Council, staff will obtain information as to a reasonable lease rate. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Larry Brown John Dean Jeff Fleece Sa PRINTED ON RECYCLED PAPER ° (26) ° (27) - (28) (29) s 1 `i (24) ,a . (30) e �P � _ lot. +a 1zs ap�o�ReMM((��4Ie N I °� P X10 32 1 +70 589_79'32'E a.� 071GI271G 1 IGR Y ( (23) \ `�' ,_2\ P.6c ` a s � � °• ,�' �, ' \0' It 135.82 97.21 146. i. 4 _�b• _ OF THE ' \Ol 9S•M I 6 78 54 ` 3 _ RESURRECTION .,• � a s 4 n \2 7 ( (45) 47.7 y; ( ) Q ° 189. 5a 43) Y b 47. 12 •: r4a. •4 J BS 7 j 3 :40.01 J� �6 d� 1 (42) ?. 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(5) I(0) 0 ° r� 13 am., � (30) ;2 (29) 4 g, (27) 0� z ' js ,23) (28) i2 GGG ^�' 0 1 2F5.01 I , .., 3i. 435.52 �I 135 94.2598.. _ 0.• A �/ ��9 jr+ (22) (6) s 2 < E.Si a. 1. 43 S' S ' " 2J�. R. NO NB9 2B• E J /D:.,.� ♦9 (34) - Y R; 3 ti 7j' 65 107.03 9 1 (21) 91'\ 14 7 1 _ I:T:oT 6 •,( 13) 1 - 59.4.,9.E :5• ;e 1i:.� 371.33 0 = 4 • j° > > 07 < < 2. c6 20.06.::. 1 i N o 11 254.:+ 7.91 9 t. 57.::. 40 +0 2 13 (20) ,(� (.C) i $ a /1; P` • ��'- 61 C , O a .,'... �> S q >+ 7 (17) 8 (18) 'i rti (�) ounaT ' 'Or 128.15 X 110 149.47 f45 a' 721.53 - 1 7. i zI .JJ r .11. i 4 0 6].5 u 0 82 08 854. 11 W : � T : _, 25 "JJ r 6>• 178 � 97.859? 3 - h (• � • (I1) j Q 1 ■ _ , _ +��Y t l (7) ����� i 1609] T(3J) 2 yf o 2 2� J� V i� a ''r y ✓✓ $11 (10 8 2 W (e) ,6j. 3 � g . /'�•+ � S •b. 9 '?q t J• o � ` s 1 'T' 0 / 1 2 3� 218 71 a ` 007107 D 144 -2 7 5 77 136. 1 I ti`b Ol 8 :... • 2- , jJ� \ (15) 4 S $. 152 9 64.44 A - (37) s y . I�/G�. 4a J. ''S OJ2 (6) 147,`- 9 h 9 p jJ G9 / Q Q a (� S.H (4) �J r ^ ! J r>• 33 ,:f7 :: .'•36.07 b l fi b. (14) (40) (07.47 2 p 477.9 N - f o � s 5 • � � O H � w a f. .__.... 416.7 ........ I ;`� 2 Exhibit A la) (2) SITE LOCATION Outlot E, Waterford GOVT LOT 4 JUN -02 -98 MON 11:22 M.KAWELL & K.NORBY 612 938 033 Kevin G. Norby & associates, Inca .Tune 1, 1998 Shorewood City Council, c/o Brad Nielsen 5755 Country Club Road Shorewood, Minnesota 55351 Dear Council Members, The Waterford home owners association is currently in the process of planning beautification projects for the Waterford area. The purpose of such projects is to create a greater sense of neighborhood for those who live in and pass through Waterford. These projects will include landscaping and entry signage in various areas throughout the neighborhood. During the design process we have determined that the area located on the northwest comer of Old Market Road and Covington Road would be ideal for installation of an entry sign and landscape plantings. We believe that these improvements will enhance the neighborhood identity and provide continuity with other parts of the project. The property described above is currently owned by the City of Shorewood. We would like to propose a landscape easement created on this parcel that would be maintained by the home owners association. We have discussed the site location and more specifically what might be proposed on it with the city engineering and planning staff. The staff has recommended to us that we write this letter to you requesting that you grant the Waterford home owners association the option to either purchase or lease the piece of land. Please review the above mentioned options. We appreciate your consideration of this matter and hope we can come to some agreement. Sin ely, Feece Kevin G. Norby Associates Consultant for the Waterford homeowners association. P.0 10901 Red Circle Drive I Suite 1251 tiiinnetonka, Minnesota 55343 / ( 612) 9 Exhibit B REQUEST LETTER Dated 1 June 1998 • MAY -26 -98 MON 14:13 M.KAWELL & K.NORBY 612 938 9337 • P.91 Post - it' Fax Note 7871 Date I TO From coir" ' o f Co. 6!z8 J,axow Pyw t� � ^ I 2 z e r � V\ J V b CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION FOLLOWING AMENDMENT TO THE CITY CODE MAKING IT A FIVE MEMBER COMMISSION WHEREAS, the Ordinance No. 336 adopted May 26, 1998, amends Section 201 of the City Code changing the membership of the Planning Commission from seven to five members; and WHEREAS, said ordinance stipulates that current Planning Commission appointments terminate June 12, 1998 and new appointments take effect June 13, 1998. NOW, THEREFORE BE IT RESOLVED that the following appointments will take effect June 13, 1998: Deborah Panas - Borkon through December 31, 1998 Neil Anderson through December 31, 1999 . Patrick Collins through December 31, 1999 Jeff Bailey through December 31, 2000 Paula Callies through December 31, 2000 BE IT FURTHER RESOLVED that the City Council makes the following position appointments for the remainder of the year 1998: Planning Commission Chairperson Deborah Panas - Borkon Vice Chairperson -to be recommended by the Planning Commission PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY • OF SHOREWOOD this 8th day of June, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR �w v�� MI NNf TO �'j' 7 • • M SAYE T� YE LAKE 1 V,V �TION BOARD MEMBERS Douglas E. Babcock Chair, Tonka Bay Bert Foster Vice Chair, Deephaven Eugene Partyka Secretary, Minnetrista Craig Nelson Treasurer, Spring Park Andrea Ahrens Mound Bob Ambrose Wayzata Kent Dahlen Minnetonka Beach Craig Eggers Victoria ovE Gilman Excelsior Greg Kitchak Minnetonka Ili McMillan Orono Robert Rascop Shorewood Herb J. Suerth Woodland Sheldon Wert Greenwood LAKE MINNETONKA CONSERVATION DISTRICT 2500 SHADYWOOD ROAD, SUITE 19 • EXCELSIOR, MINNESOTA 55331 • TELEPHONE 612/471 -9588 • FAX 612/471 -0632 Gregory S. Nybeck, EXECUTIVE DIRECTOR May 29, 1998 JUN 1,9,98 ;� 1 L By TO: LMCD Member Cities LMCD Board of Directors FROM: Greg Nybeck, Executive Director SUBJECT: 1999 Draft LMCD Budget Enclosed is a copy of the 1999 Draft LMCD Budget for your review. A meeting has been scheduled at NOON on Friday, 6/5/98 in the LMCD conference room to review and allow your input on it. Under its enabling act, the LMCD is required to adopt a budget before July 1 of each year for the upcoming calendar year. If any city objects to the budget, the LMCD is required under its enabling legislation to hold a hearing to consider these objections. The LMCD values your input and believes it is a key element in our budget process. I strongly encourage you to attend the meeting scheduled for 6/5/98. A light lunch will be provided for those that attend. I look forward to your attendance at this meeting! t, to 50% Recycilld Content 20% Post Consumer Waste Web Page Address: http: / /www.winternet.com / -Imcd/ E -mail Address: Imcd @winternet.com *kI5D DRAFT LAKE MINNETONKA CONSERVATION DISTRICT 1999 BUDGET 1996 1996 1997 1997 1998 1998 1999 ................................................................................... ............................... Bud e Bu t Actual Budget Actual Budget et YTD 3/31 Budget 9 1. Administration a) LMCD Communities Admn Levy 111,800 109,564 80,524 80,524 109,640 30,239 104,448 b) Reserve Fund Contribution 0 0 48,000 0 0 0 15,000 c) Court Fines 40,000 40,238 40,000 43,173 40,000 9,732 40,000 d) Licenses 86,000 119,182 86,000 105,103 100,000 87,554 100,000 e) BWSE 2,100 f) Interest, Public Funds 8,000 8,265 8,000 11,398 8,000 4,022 10,000 g) Other Income 0 9,557 1,000 3,687 2,000 5,591 2,000 SUB -TOTAL ADMINISTRATION 245,800 286,806 263,524 243,885 259,640 137,138 273,548 2. Exotics Management a) LMCD Communities Exotics Mgmt Levy 29,500 28,910 67,500 67,501 64,500 17,789 42,000 b) Other Public Agencies 24,500 24,500 24,500 23,854 24,000 0 24,000 c) Private Solicitation 1,000 0 1,000 0 1,000 0 0 Reserve Fund Allocation 50,000 0 12,000 0 5,500 0 .20,000 Interest 10,000 10,092 12,000 8,021 12,000 4,679 8,000 B -TOTAL EXOTICS MANAGEMENT 115,000 63,502 117,000 99,376 107,000 18,258 94,000 W AL REVENUES 360,800 350,308 380,524 343,261 366,640 155,396 367,548 iFtir' F, .;t,^`: < ^.;2k.'£',i;r t <:a <r•:f+,G:;:::;i:;::;k::' <y (• Y. �. M .l��iYR�•:f:::j:<v:ti >ii}:i, i:v::::ti<:;;:;:::; $n':r:i{��rj is«v:, { {iib':: }( :;5: ADMINISTRATION :,..;:..:,.:,,,,.:,:.,:...,.,.,,::. ..:,,:,........,..,,,,:,::,,,:. ,. 1. Personnel Services: a) Salaries 106,000 106,424 111,418 91,884 95,480 25,249 102,500 b) Planning /Special Projects Intern 0 0 c) Employer Benefit Contributions 18,000 19,640 18,646 15,477 16,618 5,393 18,668 SUB -TOTAL PERSONNEL SERVICES 124,000 126,024 130,064 107,361 112,098 30,642 121,168 2. Contractual Services: a) Office Lease & Storage 12,200 15,031 17,160 18,272 17,952 4,473 18,000 b) Professional Services 10,000 11,076 10,000 10,988 10,000 2,175 240 SUB -TOTAL CONTRACTUAL SERVICES 22,200 26,107 27,160 29,260 27,952 6,648 18,240 Office & Administration: 0 Office, General Supplies 4,500 4,755 4,500 3,035 5,000 509 4,500 b) Telephone 2,000 3,253 2,000 4,006 4,140 995 4,440 Postage 4,800 3,750 5,000 3,175 4,500 900 4,350 Printing, Publications, Advertising 2,000 2,192 2,500 2,187 2,500 0 2,500 e) Maintenance, Office Equipment 2,000 1,643 2,000 2,470 2,000 997 2,500 f) Subscriptions, Memberships 300 65 300 1,034 450 198 450 g) Insurance, Bonds 7,500 6,382 7,000 6,705 6,000 0 7,000 h) Public Information, Legal Notices 2,000 2,151 2,000 2,099 2,000 278 2,000 i) Mileage, Expenses, Training 1,500 1,313 1,500 1,280 1,500 478 1,500 j) BWSE Expenses 794 2,100 k) Winternet 75 300 1) WebPage /Internet Maintenance /Service 0 1,000 SUB -TOTAL OFFICE & ADMINISTRATION 26,600 25,504 26,800 26,785 28,090 4,430 32,640 4. Capital Outlay: a) Furniture, Equipment 1,000 0 1,000 262 1,000 0 1,000 b) Computer software & hardware; 2,500 7,475 10,000 2,279 2,500 43 2,000 training SUB -TOTAL CAPITAL OUTLAY 3,500 7,475 11,000 2,541 3,500 43 3,000 5. Legal: a) Legal Services 22,000 19,717 20,000 15,268 20,000 7,155 20,000 b) Prosecution Services 27,000 28,246 28,000 31,028 30,000 17,597 32,000 c) Henn. County Room & Board 6,000 1,695 3,000 3,180 3,000 1,129 4,000 d) Recodification /Zoning 0 7,500 0 7,500 SUB -TOTAL LEGAL 55,000 49,658 51,000 49,476 60,500 25,881 63,500 6. von ractZervices /Studies: a) Mgmt Plan Implementation 14,500 26,833 5,000 6,050 10,200' 209 0 b) Boater Ed. Pilot Program 0 0 5,000 0 0 0 0 c) Record Archival 0 0 7,500 0 10,000 0 0 d) Access /Channel Signage 20,000 SUB -TOTAL CONTRACT SERVICES /STUDIES 14,500 26,833 17,500 6,050 20,200 209 20,000 7. Contingency 10,853 6,000 177 15,000 TOTAL ADMINISTRATIVE EXPENSES 245,800 261,601 263,524 232,752 259,640 68,030 273,548 1996 1996 Budget Actual EXOTICS MANAGEMENT 1. Weed Harvesting Operational Exp.: 1997 1997 1998 1998 1999 Budget Actual Budget YTD (3/31) Budget a) Salaries & Employer Taxes /Insurance 35,000 30,533 35,000 22,034 32,000 b) Trucking Contract 26,000 10,913 21,000 12,804 15,000 c) Administrative 4,000 1,091 1,000 1,539 1,000 d) Operational Supplies 20,000 17,589 22,000 14,641 20,000 e) Contract Services 15,000 15,396 16,000 18,420 19,000 0 Heavy Growth Season Extension 15,000 8,447 7,000 0 8,000 SUB -TOTAL WEED HARVESTING OP. EXP. 115,000 83,969 102,000 69,438 95,000 2. Zebra Mussel Operational Exp.: 0 0 15,000 989 12,000 TOTAL EXOTICS MANAGEMENT EXPENSES 115,000 83,969 117,000 70,427 107,000 TOTAL DISBURSEMENTS 360,800 345,570 380,524 303,179 366,640 Save the Lake Program Income: 0 a) Private Donations b) Other Income c) Interest B -TOTAL SAVE THE LAKE INCOME Save the Lake Program Expenses: a) Administrative b) Program SUB -TOTAL SAVE THE LAKE EXPENSES INFORMATIONAL: EWM Equipment Depreciation • • 0 0 73 3 0 0 76 0 76 68,106 27,000 25,015 27,000 33,873 30,000 55 2,000 698 1,000 3,941 1,800 0 4,500 2,425 4,000 7,020 7,000 690 33,500 28,138 32,000 44,834 38,800 745 4,000 4,912 3,700 2,723 3,700 196 36,723 19,776 28,300 18,319 35,100 2,042 40,723 24,688 32,000 21,042 38,800 2,238 35,000 35,000 35,000 35,000 12,000 IC 30,000 15,000 1,000 15,000 20,000 8,000 79,000 15,000 94,000 367,548 35,000 DRAFT LAKE MINNETONKA CONSERVATION DISTRICT 1999 BUDGET The following assumptions were made in the preparation of the draft 1999 LMCD Budget: r••..:o:royr:r+riii rr.:... r 1.. / /rrJy /•1f,Y /.d ui %!'7rr' / :'r:S?L, w• it ::'rri rr r.•.rn. � a? r Salaries (la) Executive Director Admin. Tech. Admin. Asst. Admin. Clerk Current $42,000 $29,500 $22,000 $11.20 per hour 1999 $42,000 $29,500 $22,000 $9,000 $102,500 Employer Benefit Contributions (lb) P. E. R. A. (4.75 %) P.E.R.A. Life Ins. Unum Life Ins. F.I. C. A. & Medicare Medical Ins. Office Lease & Storage (2a) Office & storage ($1,500 /mo.) Off -site storage Telephone (3b) U.S. West AT &T • Insurance, Bonds (3g) Property Inland Marine Municipal Liability Excess Liability w/ Waiver Bond Access /Channel Signage (6d) Public Accesses Channels Bridges $4,868.75 $432.00 $64.80 $7,841.25 $5,461.20 $18,668.00 $18,000.00 $240.00 $18,240.00 $4,200.00 $240.00 $4,440.00 $150.00 $1,100.00 $4,000.00 $1,500.00 $250.00 $7,000.00 $13,000.00 $5,000.00 $2,000.00 $20,000.00 Contingency (8) Salaries, Prof. Services, Moving Exp., etc $15,000.00 .YtA:? } tr'�:X{K %n•4ffy??::: {. /.n: ?�i }:: /.•fiy?:'f.`h2�ri'r.��r,D 'f f :rti: /.::�: • EWM Salaries & Employer Taxes /Insurance (la) Salaries $25,000.00 F.I.C.A. & Medicare (7.65 %) $2,300.00 Insurance (Auto & Workers Comp.) $2,700.00 $30,000.00 Zebra Mussel Program (2) Salaries $2,000.00 F.I.C. A. $230.00 Insurance $1,000.00 Operation Supplies $1,000.00 Public Education $10,000.00 Contingency $770.00 $15,000.00 VU f i•t%"/fr•� Administration EWM/Exotics 1998 12/31/97 Balance $138,282 $167,691 Budgeted Reserve Fund Allocation $0 $5,500 Transfer to Equip. Repl. Fund $0 $12,000 $138,282 $150,191 1999 Projected 12/31/98 Balance $138,282 $150,191 Reserve Fund Allocation $15,000 $20,000 Transfer to Equip. Repl. Fund $0 $35,000 Projected 12/31/99 Balance $123,282 $95,191 . 0 o Q ti CD Z w 4 cr O� x ac 0 n v o CD ro NCB W `C CT. n CD � V5 �l z CD ... P w � � cD n CD CD � o 0 x � � CD o f'7 0 0 G O CD y W t Q. 00 Ln P � n O Ln N O O >nO y 7d�� dNoz�oOZ � �(7)� W � J J \0 0 kA O 00 N O N w v' a, to O, - mil r 3 W r w 00 P. � N� N N N N rN+ N 11 h. N W N 00 ►� a\ N W v W 00 '"' W 00 to LA U gg�SSgBSSSSgg88 O w U U v O O O N O O O O O O A 00 O O 4 EA� A O I ►- 00 W N � �p � J a� ► - ` rJ,, r-r N Q� J a, 00 \0 LA J " P .A LA �, .P W V1 T W O 00 pp O • O O a\ N 00 O a\ N W to 0 0 oo I. O W oo N 4 O to J ON O W E NF. — W a\ P. 01 W O w J O- O N to 00 11 \0 N --3 O w LA J M m I'D N Oo . '-'-j oo :-1 �-. N- N J O O A oo N L,,, a), T W O D1 W to ��.-• ���ww� --w CJt - W 4 a1 J W W W N �--• N O w r+ 00 po o S O O C 000 \ O W\0 LA w O 8 O 0 N W r+ 00 00 J p C7, tai \0 J N �D J 00 00 J 00 00 N ONO P O p� WO p 91 U Z �D t�i� v ONO U � J Vii W 0000 � VA g O LA �o N ON L N O N � �p .p to to 00 g N p �1 W - 0 00 W Zo W �O —� CIS tJi J- N- O g J W J H ro V °4 b O nr H Ni x x 1•r A C/1 00 Y O H 'sJ ►.r O z H O � 0 H d r CHECK APPROVAL LISTING FOR JUNE 8, 1998 COUNCIL MEETING CHECKS ISSUED SINCE MAY 27, 1998 CK NO TO WHOM ISSUED PURPOSE AMOUNT 23093 PERA PERA $3,096.41 23094 ICMA RETIREMENT TRUST 457 DEFERREDCOMP 1,203.07 23095 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 1,100.77 23096 ANOKA CO SUPPORT /COLLECT CHILD SUPPORT -C. SCHMID 156.50 23097 MN DEPT OF REVENUE STATE PAYROLL TAX 1,449.93 23098 CHARLES DAVIS WORK BOOT REIMB. 97.15 23099 KATHLEEN HEBERT SEC 125 REIMB. 192.30 23100 AT &T WIRELESS AIRTIME 153.87 23101 BRADLEY NIELSEN SEC 125 REIMB. 105.00 23102 JOSEPH PAZANDAK MILEAGE/SUPPLIES 108.56 23103 PEPSI COLA COMPANY MISC PURCHASE 62.25 23104 US WEST COMMUNICATIONS 872.67 23105 PATRICK WURM CONSTR. PERMIT REFUND -WRONG CITY 2 0.5 0 23106 MIDWEST COCA -COLA CO. MISC PURCHASE 210.85 23107 HONEYWELL QTRLY MONITORING 83.07 23108 MARLIN'S TRUCKING FREIGHT 295.20 23109 PHILLIPS WINE &SPIRITS LIQUOR/WINEPURCHASE 11,828.89 23110 QUALITY WINE & SPIRITS LIQUOR/WINE PURCHASE 3,156.47 23111 THORPE DISTRIBUTING BEER/MISC PURCHASE 5,982.45 23112 PERA PERA LIFE INSURANCE 33.00 23113 MEDICA JUNE HEALTH INSURANCE 5,223.75 23114 HEALTHPARTNERS JUNE HEALTH INSURANCE 3,188.06 23115 LEAGUE OF MN CITIES JUNE DENTAL INSURANCE 587.02 23116 MN MUTUAL LIFE JUNE DISABILITY 85.50 23117 UNUM LIFE INSURANCE CO. JUNE LIFE INSURANCE 89.60 23118 • AFSCME COUNCIL 14 JUNE DELTA DENTAL 246.61 23119 CITY OF TONKA BAY JUNE RENT -TB LIQ 1,000.00 23120 US POSTMASTER JUNE NEWSLETTER POSTAGE 555.68 23121 GRIFFIN COMPANIES JUNE RENT -LIQ 1 9, 234.25 23122 TOWLE REAL ESTATE JUNE RENT -LIQ it 3,590.45 23123 ARMOR LOCK & ALARM QTRLY MONITORING 145.12 23124 PAMELA HELLING MILEAGE 43.88 23125 DEPT OF PUBLIC SAFETY HAZ CHEM INVENTORY FEE 500.00 23126 MTKA SOUND & LIGHTING FINAL PYMT -AN EQUIP. 2,265.16 23127 NORTHERN STATES POWER UTILITIES 203.40 23128 US WEST COMMUNICATIONSIADVERTISING 554.87 23129 WASTE MANAGEMENT WASTE REMOVAL 221.08 23130 TOTAL REGISTER SYSTEMS REGISTER/COMPUTER MAINT. 1,150.00 23131 BUREAU OFATF OCCUP. TAX REGIS. RENEWAL 750.00 23132 BELLBOY CORPORATION LIQUOR PURCHASE 1,546.14 23133 BELLBOY BAR SUPPLY SUPPLIES/MISC PURCHASE 398.82 Page 1 CHECK APPROVAL LISTING FOR JUNE 8, 1998 COUNCIL MEETING CHECKS ISSUED SINCE MAY 27, 1998 • i s CK NO TO WHOM ISSUED ULTfellfb"l l 23134 GTE DIRECTORIES 23135 GRIGGS, COOPER & CO. 23136 JOHNSON BROS. LIQUOR CO. 23137 LAKE REGION VENDING 23138 MARLIN'S TRUCKING 23139 PAUSTIS WINE COMPANY 23140 PHILLIPS WINE & SPIRITS 23141 QUALITY WINE & SPIRITS ADVERTISING LIQUOR/WINE/MISC PURCHASE LIQUOR/WINE PURCHASE MISC PURCHASE FREIGHT BEER/WINE PURCHASE LIQUOR/WINE PURCHASE WINE PURCHASE TOTAL CHECKS ISSUED Page 2 Page 3 I it A, j f 'H: 11 D U � "J i.1 X I I 'Ai 1 T V'A Al i"! r' 1 L U "V f-) i i 'I I if T T "'i i Y f' T K E: i"q ""i fu U i I':) f i J"' E'S 8 i U V 1 f 'i . i v il' OR IU A i:_ 'N'. M H, M 0 1 ID is V i.,; f I I I IC C 1' 1 NK 4C JL_ f:�� C) i�'.j t., p i'; r a y 'A' f"I I V L ."i S 1:; ::: IJ 1 F I f 'I Cl� 7 M i Ji 4: i i i i tj't%.j I K U V 1 Tic i i i I i f I T I 'b i i I T 1 1 T i-o' i V Page 3 :il' TOTAL CHECKS FOR APPROVAL .4<,%'t: '11'( TOTAL CHECK APPROVAL LIST 123,304.86 Page 4 .1 . 1 kJ J 1 T 1 ,i t M Y �-'j i i•Al IJ Al. (J i-J 1 r.,i ! 11 - 111. r. • - . ». _. .._- ....• .. .... .... ....•,. - K: T i, i ..I 1-4 f q K -S "z i T % i i i i .1 1 y Y i D N i Ml f T ilJ6 f ti.-I-H-11".11 T T , i ... , lEs DJ6 1' "Aifrl, N! k"t ED 2.1 ll'� L' U I tnk- PlEik., M A K.J( N oi. 2,'-' "i 1'4.1 L E: EQ1. i _} i:n ( T f." A f "i L k 1 ;p i v :il' TOTAL CHECKS FOR APPROVAL .4<,%'t: '11'( TOTAL CHECK APPROVAL LIST 123,304.86 Page 4 III E COMPUTER CHECKS MANUAL CHECKS NOTICES OF DEPOSIT 23097-91 .00 - 0C 25097-91 Page 5 C i--iE 1 - " 1". CH E C K EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT 1C(. N, 5 26 98 110 CONNIE D, BASTYR 212984 453.01 cum 5 26 98 115 LAWRENCE A. BROWN 212985 1521.75 cum 5 26 98 110 RYAN C. BLECHTA 22986 10807 CON 5 26 98 600 ROGER D. CHAMPA 212987 184. 70 CON 5 26 98 325 ANGELA M. COLE 212988 409.•0 CON 5 26 98 350 THOMAS A. DAHLBERG 212989 2,: 0. Sl CON 5 26 98 500 CHARLES S. DAVIS 212990 928.911- cum 5 26 98 775 JAMES C, EAKINS 212991 740.9.5 CON 5 26 98 1100 JOHN j. GARFUNKEL 212992 134.70 CON 5 26 98 1160 TWILA R. GROUT 212993 531.04 cum 5 26 98 1190 KATHLEEN A. HEBERT 212994 507.28 CON 5 26 98 1400 PATRICIA R. HELGESEN 212995 523.60 CON 5 26 98 1410 PAMELA j. HELLING 212996 535.46 CON 5 26 98 1430 KELLY M. HENTGES 212997 318.54 CON 5 26 98 1550 JAMES C. HURM 212998 1721.90 cum 5 26 98 1575 TROY M. IVES 212999 197.53 CON 5 26 98 1601 BRIAN D. jAKEL 213000 111.51 cum 5 26 98 1700 JEFFREY A. JENSEN 213001 1248.76 CON 5 26 98 1300 DENNIS D. JOHNSON 213002 932.72 CON 5 26 98 2100 WILLIAM F. JOSEPHSON 213003 629.75 CON 5 26 98 2495 MOLLY D. LATTERNER 213004 83.67 CON 5 26 98 2500 SUSAN M. LATTERNER 213005 664.75 CON 5 26 98 2550 PETER W. LENTEN 213006 51.72 CON 5 26 98 2800 JOSEPH P. LUGOWSKI 213007 919.52 CON 5 26 98 2805 JASON R. LUND 213008 334.70 CON 5 26 98 2900 RUSSELL R. MARRON 213009 35.2.5 CON 5 26 98 3000 THERESA L. HAAB 213010 610.12 CON 5 26 98 3100 LAWRENCE A. NICCUM 215011 1151-34 CON 5 26 98 3400 BRADLEY J- NIELSEN 213012 904-90 CON 5 26 98 3430 GERALD A. O"NEILL 213013 184 70t CON 5 26 98 3500 JOSEPH E. PAZANDAK 213014 1116.7.i 5 26 98 3580 CHRISTOPHER J. POUNDER 213015 1235.74 CON 5 26 98 3600 DANIEL J. RANDALL 213016 1262.57 CON 5 26 98 3701 BRIAN M. ROERICK 213017 10.85 CON 5 26 98 5800 ALAN J. ROLEK. 213018 115o.63 CON 5 26 98 3815 MICHAEL J. RUFFENACH 213019 312.30 CON 5 26 98 3850 TANYA M. SCHIERMAN 213020 54.95 CON 5 26 98 3900 CHRISTOPHER E. SCHMID 213021 462.09 CON 5 26 98 4050 BERNARD J- SCHNURR 213022 151.22 CON 5 26 98 4175 ANDREW R. SMITH 213023 66.26 CON 5 26 98 4200 BRENDA L. LUKE 213024 127.58 CON 5 26 98 4500 KRISTI STOVER 213025 184.70 COMPUTER CHECKS MANUAL CHECKS NOTICES OF DEPOSIT 23097-91 .00 - 0C 25097-91 Page 5