052698 CC Reg AgPL
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 26,1998
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Dahlberg
Stover
O'Neill
Garfunkel
Champa
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes May 4, 1998 (Att. -#2A
Minutes)
B. City Council Regular Meeting Minutes May 11, 1998 (Att. -#2B Minutes)
C. City Council Executive Session Meeting Minutes May 11, 1998 (Att. -#2C
Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
NOTE: Give the public an opportunity to request an item be removed from the Consent
Agenda. Comments can be taken or questions asked on an item when it is considered
following its removal from the Consent Agenda.
A. A Motion to Adopt a Resolution Approving Intoxicating Liquor License On-
Sale, Intoxicating Liquor & Special Sunday Sales - Minnetonka Country Club
(Att. -#3A Proposed Resolution)
B. A Motion to Adopt a Resolution Approving a Temporary Gambling License
for Store Front Youth Action (Att. - #3B Proposed Resolution)
C. A Motion to Adopt a Resolution Establishing a Polling Place - Precinct III
(Att. - #3C Proposed Resolution)
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D. A Motion to Adopt a Resolution Authorizing Execution of a Non - Disclosure
Agreement with Hennepin County (Att. - #3D Proposed Resolution and
Agreement)
CITY COUNCIL AGENDA - MAY 26,1998
PAGE 2OF3
E. A Motion to Adopt an Amendment to Ordinance No.319 Extending the
Moratorium on the Siting of Adult Establishments (Att. -#3E - Planner's
Memorandum and Proposed Code Amendment)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS - Report by Representative
Report on May 12, 1998 Park Commission Meeting (Att. - #5 Draft Minutes)
6. PLANNING - Report by Representative
A. A Motion to Adopt a Resolution Making an Appointment to the Planning
Commission Vice Chair Position (Att. -#6A Proposed Resolution)
B. A Motion to Adopt a Resolution Approving a Combination / Subdivision
(Att. -#6B Planner's Memorandum & Proposed Resolution)
Applicant: Ron Hume
Location: 25040 Yellowstone Trail
C. A Motion Establishing a Public Hearing Date of June 8, 1998 to Consider
Vacation of Drainage and Utility Easements for Ron Hume
D. A Motion to Consider a Request for a Simple Subdivision (Attn. - #6D
Planner's Memorandum)
Applicant: Dean Johnson
Location: 5875 Cathcart Drive
E. A Motion to Adopt a Resolution to Approval a Final Plat - Mary Lake Woods
(Att. - #6E Planner's Memorandum & Proposed Resolution)
Applicant: Jim Wyman
Location: 24020 Yellowstone Trail
7. CONSIDERATION OF A REQUEST TO ABATE CITY CLEAN -UP CHARGE
(Att. - #7 Letter of Request)
8. CONSIDERATION OF A MOTION AUTHORIZING THE EXPENDITURE
OF FUNDS FROM THE GENERAL FUND BUDGET FOR STORM CLEAN-
UP
9. CONSIDERATION OF A MOTION REGARDING SUMP PUMP
INSPECTION
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
AUTHORIZING ADVERTISEMENT FOR BID -1998 JOINT
SEALCOATING PROJECT (Att. -#10 Proposed Resolution)
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CITY COUNCIL AGENDA - MAY 26,1998
PAGE 3 OF 3
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
AUTHORIZING AWARD OF CONTRACT FOR TELEVISING OF
SANITARY SEWER (Att. -#11 Proposed Resolution)
12. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE
AMENDMENT - SECTION 201- PLANNING COMMISSION (Att. - #12
Proposed Ordinance)
13. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
AN APPOINTMENT TO THE AD HOC LAND CONSERVATION
COMMITTEE (Att. -#13 Proposed Resolution)
14. ADMINISTRATOR & STAFF REPORTS
A. Staff Report on Development Monitoring
B. Report on Shoreline Messages
C. Report on Telecommunications Consultant Process
D. Administrator's Report and Clarification of Tonka United Soccer Policy
15. MAYOR & CITY COUNCIL REPORTS
Report on Emergency Meeting of May 18, 1998 - Storm Issues
Report on Work Session of May 18, 1998
• Land Use Issues
• Assessing Issues
16. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att. -#16)
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236
FAX (612) 474 -0128 • www.state.net/shorewood • cityhaII @shorewood.state.net
Executive Summary
Shorewood City Council Meeting
Tuesday, May 26th, 1998
Agenda Item #3A: This resolution issues a license for on sale and a special Sunday license for
the Minnetonka Country Club. This is their annual license.
Agenda Item #3B: This resolution authorizes a raffle to be held on Monday, August 10, 1998
at the Minnetonka Country Club for the Storefront Youth Action.
Agenda Item #3C: This resolution establishes the polling place for Precinct 3 as Minnewashta
Church. There have been numerous problems with the polling place being at the Minnewashta
School, since it was moved there from the old Minnewashta Church.
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Agenda Item #313: This resolution is necessary for the City to obtain parcel data from Hennepin
County for use in our GIS work. Approval requires a simple majority vote by the Council.
Agenda Item #3E: At its last meeting the Planning Commission recommended approval of an
' ordinance regulating the siting of adult use establishments. At their June meeting they wilI
review an amendment to the City's Zoning Code, specifying what zoning districts will allow
adult uses. This ordinance extends the current moratorium to 31 August, which will allow time
for a public hearing and Council review. Approval requires a simple majority vote by the City
Council.
Agenda Item #6A: The Council should postpone action on Item #6A until after considering
Item #12. It may not be required if an ordinance is passed.
Agenda Item #6B: Last year Ron Hume subdivided his property at 25040 Yellowstone Trail
into three lots. He now wishes to combine the lots, then resubdivide the property into two
building lots and a parcel which he intends to convey to the Minnetonka Country Club. The
result is one less building. site. New drainage and utility easements are required as part of this
approval. Approval requires a simple majority vote by the City Council.
Agenda Item #6C: As part of Ron Hume's resubdivision request (item 6B), the drainage and
utility easements for the previous lot configuration must be vacated. As mentioned above, new
easements will be required as part of the resubdivision approval. This motion will establish a
public hearing date of 8 June 1998.
0 PRINTED ON RECYCLED PAPER
Executive Summary for Council Meeting May 26th, 1998
Page 2 of 2
Agenda Item #61): Dean Johnson wishes to subdivide his property at 5875 Cathcart Drive into
two lots. Staff has recommended four feet more right -of -way dedication than what Mr.
Johnson proposes. The Planning Commission recommended acquiring two feet more r.o.w.
than what Mr. Johnson proposes. The Council must decide how much r.o.w. will be required
and direct staff to prepare a resolution for the next meeting. Approval will require a simple
majority vote by the Council.
Agenda Item #6E: James Wyman has submitted his final plat for Mary Lake Woods, an eight -
lot subdivision located north of Yellowstone Trail and east of Country Club Road. The plat
conforms to R -1 A zoning requirements. One item must be added to the development
agreement which is attached to the resolution. Provision must be made for a homeowner's
association to own and maintain the NURP pond which serves the property. Also, the City
Attorney advises us that the City is no longer responsible for the well which was ordered by
the court to augment the water level of Mary Lake. Approval of the plat is recommended and
requires a simple majority vote by the Council.
Agenda Item #7: The enclosed letter requests removal of the Spring Clean-up charge from the
quarterly utility bill. Staff attempted to explain several times that because of the May 15 storm,
not all households were able to be picked up on May 16, but that we will eventually get to it.
We ask all residents to try to be understanding and strongly recommend that the Council do not
rebate to any resident. Her address was on the list given to BFI on May 19 for callbacks.
There was nothing in the front yard when I drove by the property on May 21.
Agenda Item #8: The action here would be a motion by the Council authorizing that funds
required for the May 15 storm clean-up activities be taken from the General Fund reserve.
Agenda Item #9: This item is a discussion on the part of the City Council on how to
accomplish the sump pump inspection for Ron Johnson.
Agenda Item #10: This is a motion to authorize the Mayor and City Administrator to enter into
an agreement for televising of a portion of the sanitary sewer system. Approximately 30,000
lineal feet of pipe will be televised in addition to service lines suspected of infiltration and
inflow problems. The total contract amount is not to exceed $10,000. A portion of this cost
will be funded through the grant received from the Metropolitan Council for UI reduction.
Agenda Item #11: This is a motion which authorizes advertisement for bids to be placed for
bituminous sealcoating of streets within Shorewood. This project is being completed as a joint
effort with the Cities of Excelsior and Tonka Bay to reduce overall costs.
Agenda Item #12: At a previous Work Session, the City Council discussed reducing the
membership on the Planning Commission from 7 to 5. The Minutes do not indicate, nor do I
recollect when this was to take effect. We have prepared two ordinances, one to take effect on
January 1, the second ordinance will have terms take effect June 13, 1998. Appointments
would then be made by resolution at the June 8 City Council meeting.
Agenda Item #13: Although Dean Reason has been out of town this week, it is my
understanding that he is recommending Frederick Bruno be appointed as a third member of the
Land Conservation Committee. Hopefully we will hear from him officially before you take
action at Tuesday night's meeting. This resolution would make that appointment.
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CITY OF SHOREWOOD COUNCIL CHAMBERS
CITY COUNCIL WORK SESSION MEETING 5755 COUNTRY CLUB ROAD
MONDAY, MAY 4 1998 7:00 P.M.
MINUTES
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1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 7:00 p.m.
A. Roll Call
Present: Mayor Dahlberg; Councilmembers O'Neill, Garfunkel and Champa; Administrator
Jim Hurm; Planning Director Brad Nielsen
Absent: Councilmember Stover
B . Review Agenda
i Administrator Hurm suggested deferring Item No. 4 until Planning Director Nielsen is able to
attend. Councilmember O'Neill suggested briefly discussing this item and passing any concerns
on to Nielsen. The agenda was approved as presented.
2. PRESENTATION BY JIM STROMMEN, KENNEDY & GRAVEN, ON USE
OF RIGHT -OF -WAY
Engineer Brown explained KMC Communications has expressed an interest in installing a fiber
optic line through the City. It is their intention to compete with US West in providing
communication services.
Brown stated there is not currently a clear cut need for fiber optic cable, however, Shorewood will
want to be communicating with the other cities. The Council has discussed live interactive
meetings in the past and this may be something the City would be interested in at some point.
Councilmember O'Neill questioned whether right -of -way is included in the contract which the
various cities are negotiating with Triax cable. Administrator Hurm noted this issue is included.
He pointed out there is an existing franchise agreement and the cities are currently negotiating an
extension of that agreement.
Councilmember O'Neill raised the issue of buried cables. Brown explained typically if there is an
area in which there are existing poles, the poles are utilized. In areas where there are no poles, the
City requires the cables be buried.
Councilmember O'Neill questioned whether the fiber optic lines are intended for poles. Brown
noted this is the current intention of KMS Communication.
Jim Strommen, Kennedy & Graven, was in attendance and addressed the issues relative to use of
right -of -way. He explained there are many different laws governing a city's rights as they relate to
telecommunication cables.
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CITY COUNCIL WORK SESSION MINUTES
MAY 4, 1998 - PAGE 2
Attorney Strommen discussed the Redwood Falls v. US West case in which the Appellate Court
agreed with US West. With respect to KMC Communications coming in to compete with US
West, the City will be subsidizing the profits. The taxpayers will incur all of the costs the City
incurs when work occurs in the right -of -way. Attorney Strommen stated the City needs to protect
the right -of -way as well as the rights of the residents. He noted that the Redwood Falls case has
been repealed and no longer applies.
Attorney Strommen noted in 1997, the Right -of -Way Act was passed by the Minnesota
Legislature. This legislation has resulted in disagreement relative to the meaning of the Act. He
pointed out the Act governs the right -of -way of cities and townships. It controls
telecommunication right -of -way. This Act includes a provision in which local government units
are to treat all utility providers using the right -of -way in the same manner. That expands the scope
of the Right -of -Way Act to include electric, gas and municipal utilities. The Public Utilities
Commission is currently developing rules regarding right -of -way use and the rights of local
government units as they relate to telecommunications providers as well as electric, gas and
municipal utilities.
Attorney Strommen explained that currently, cities may enact comprehensive right -of -way user
ordinances which would apply to telecommunications carriers. He also explained cities cannot .
treat themselves more favorably than they treat others.
Attorney Strommen further explained cities cannot franchise telecommunications providers and
cannot collect fees above management costs. Mayor Dahlberg questioned whether the City has the
right to charge franchise fees to gas, electric and cable companies. Attorney Strommen stated there
should be a provision in the existing franchise agreement allowing the City to determine a franchise
fee.
Councilmember O'Neill inquired what would happen in the event a provider had to dig up the
roadway to install their lines. Attorney Strommen stated this would be a degradation cost which
should be recoverable. One approach would be to address the issue of the shortening of the life of
the roadway which is caused by disrupting the roadway. This degradation fee could be charged in
addition to the actual road repair. Brown explained the City Engineers Association has drafted a
degradation plan.
Administrator Hurm asked whether undergrounding could be required. Attorney Strommen stated
the City has authority to require undergrounding as long as there is an ordinance in existence and
the franchise agreement allows it. Mayor Dahlberg summarized his understanding the City could
pass an ordinance which would trigger undergrounding in the event of some sort of construction
project.
Attorney Strommen stated as the statutes now exist, cities do not have to reimburse those parties
they are requiring to do things which are needed for the city to regulate.
Mayor Dahlberg suggested an ordinance which would require a utility such as NSP to
underground their cables if the City were to satisfy them financially by assessing and paying them
for this.
Administrator Hurm pointed out the price estimate on Smithtown Road had been approximately
$300,000. He pointed out it would require many of the older homes to be re -wired which would
be a significant expense to the homes as well.
CITY COUNCIL WORK SESSION MINUTES
MAY 4, 1998 PAGE 3
Mayor Dahlberg stated he would like further information relative to the cost per household, apart
from rewiring, to bury all utility lines along Smithtown Road (as a test case), assuming the City
would subsidize or incur the cost of this work. He would then like to poll the neighborhood to
determine the support there would be for this. Mayor Dahlberg stated he would like to determine
what percentage of the City would be in favor of burying cables given the costs which would be
involved.
Councilmember Garfunkel inquired how often a franchise agreement would come up for renewal.
Mr. Strommen stated it would be renewed every 15 to 20 years. Councilmember O'Neill
suggested determining when the City's franchise agreement is up for renewal. Mr. Strommen
stated he would anticipate there to be a provision in which the City is free to establish a franchise
fee.
Hurm reported the NSP franchise fee will expire in the year 2007. Mr. Strommen reviewed the
City's existing franchise agreement and noted there is no provision permitting the City to impose a
franchise fee. He noted NSP, on occasion, has agreed to amend their franchise agreements.
The consensus of the Council was to investigate the idea of renegotiating with NSP relative to a
franchise fee in conjunction with the meter replacement project NSP will be undertaking. In the
meantime, the Council could considering drafting an ordinance which would state an event, such
as a reconstruction, would trigger undergrounding. In addition, the ordinance should establish the
City will franchise and this would be negotiated at the time with an indication of where the funds
would be spent.
Councilmember O'Neill stated he would like examples of what other cities have done relative to
these type of agreements. Attorney Strommen will investigate this matter. He pointed out the City
will need to establish a right -of -way ordinance.
3. DISCUSSION ON REQUEST FOR PROPOSALS -
TELECOMMUNICATIONS CONSULTANT
Mayor Dahlberg stated he would like a consultant who is an advocate for the City and will defend
the policy of the Council. Councilmember O'Neill stated he would like someone who will be able
to locate the least amount of antennas possible in western Shorewood to the satisfaction of the
industry. Brown noted it will be important to hire an individual who will work on behalf of the
City's rights and be knowledgeable in both the electrical engineering aspects of this as well as the
planning aspects.
Councilmember O'Neill suggested allowing Engineer Brown to handle this situation since he is
aware of the position the Council is taking. Brown suggested reviewing this matter with Planning
Director Nielsen and returning to the Council with a list of detailed services they would expect to
see. Councilmember Garfunkel pointed out Mr. Nelson has a significant amount of governmental
experience while Mr. Lysiak, although very skilled, has worked mostly in the private sector.
Councilmember Champa stated he would not want a consultant to come in with the position the
water tower is the only viable location. Councilmember Garfunkel pointed out that could be the
actual fact of the matter. Mayor Dahlberg stated his perspective any consultant who would come in
and tell the Council the water tower is the only location which can be used, would be wrong.
Councilmember Champa stated he would like a consultant who would come in and tell the Council
what the answer is, but then provide some alternatives.
CITY COUNCIL WORK SESSION MINUTES
MAY 4, 1998 - PAGE 4
4. DISCUSSION ON METHOD FOR SELECTING PLANNING
COMMISSION MEMBER
Councilmember Garfunkel stated he cannot support any of the applicants on the existing list.
Councilmember O'Neill noted his agreement and expressed his belief the commission should be
reduced to five members. Councilmember Champa noted his agreement with Councilmember
O'Neill and felt a member should be cut from the existing commission. He felt reducing the
number of members would result in a more efficient commission.
Mayor Dahlberg would be willing to compromise in writing an ordinance reducing the commission
to five. He noted two positions on the commission expire in December and at that time, the
commission could be reduced to five members.
Councilmember Champa suggested not filling the current opening on the commission which would
result in a six member commission. Upon expiration of one term in December, the commission
would then be reduced to five members. Councilmember O'Neill stated there is a state requirement
there be an odd number of members on the commission which would reduce the chance of a tie
vote. Councilmember Champa stated he would like to review this requirement, noting there have
been tie votes in the past utilizing a seven member commission. Councilmember Garfunkel also
noted there is a requirement the commission be comprised of five or seven members.
Councilmember O'Neill noted his position is based upon the numerous complaints he has received
relative to the length of time the commission spends considering an issue.
Mayor Dahlberg suggested rewriting the ordinance to be effective January 1, 1999, reducing the
commission to five members. Councilmember O'Neill expressed concern this would abolish the
entire commission and it would be necessary to make five appointments. Mayor Dahlberg stated
he supports acting decisively to create a five member commission. Councilmember Garfunkel felt
there to be considerable logic in reducing the commission to five. Councilmember Champa noted
his agreement with Councilmember O'Neill this should be done now as opposed to the beginning
of the year.
Mayor Dahlberg expressed concern with reducing the Planning Commission at this time and felt if
the Planning Commission is to be reduced to a five member commission, this should also apply to
the Park Commission. Councilmember O'Neill did not feel this should apply to the Park
Commission. He noted the Park Commission operates in a different capacity in that it does not
have to comply with a 60 -day rule and does not conduct the number of public hearings the
Planning Commission holds. Mayor Dahlberg stated he will support this because he is in
philosophical agreement.
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(Councilmember Champa left the meeting at 9 :20 p.m.) Mayor Dahlberg recessed the meeting at
9:20 p.m. and reconvened at 9:27 p.m.
CITY COUNCIL WORK SESSION MINUTES
MAY 4, 1998 - PAGE 5
5. DISCUSSION ON RENTAL HOUSING POLICY
Administrator Hurm stated this Code is being brought before the Council for their review prior to
sending out notices to the landlords advising them to arrange for inspections. Mayor Dahlberg felt
this process should proceed as intended. Councilmember Garfunkel was in agreement noting this
involves safety issues.
6. DISCUSSION ON LAND USE ISSUES
Councilmember O'Neill felt the Council should review the issue of 30 percent hardcover. He
would like to know how many properties this will impact financially. Brown pointed out in the
course of planning, Nielsen calculates all of the hardcover requirements, however, he felt this
would be extremely time consuming. Councilmember O'Neill stated this is not being reviewed
simply for purposes of water quality and stormwater run -off, but also as a means to preserving
housing stock as well as the character of Shorewood. He pointed out this will, however, affect
some property values and/or property rights and felt this issue should be opened up to public input
as well.
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49 With respect to the paragraph, The City shall promote the development of safe, healthy, and
affordable housing options," he expressed concern relative to the phrase, "shall promote
development." Mayor Dahlberg noted his agreement and commented the market forces determine
what is happening. Mayor Dahlberg felt this section should read, "The City shall attempt to
preserve and promote the preservation of safe, healthy, and affordable housing options."
Councilmember O'Neill noted his agreement.
LUS
With respect to the new language, "There remain, however, discrepancies between the Land Use
Plan and the existing zoning map. The City intends to resolve such discrepancies in favor of
whichever land use tool results in a lower residential density," Councilmember O'Neill felt the
Council had decided the discrepancies would be resolved by utilizing the existing zoning. Mayor
Dahlberg felt all of the discrepancies had been resolved when the Land Use Plan was reviewed.
He suggested, "Any discrepancies between the Land Use Plan and existing zoning would be
resolved in favor of the zoning map." Councilmember O'Neill requested there be a reference
included relative to current zoning.
Hurm suggested this matter be considered at the next work session when Nielsen is available.
Mayor Dahlberg suggested each councilmember provide their list of questions and concerns to
Nielsen for his review and comment.
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With respect to Item No. 13, Mayor Dahlberg suggested adding the language, "such as green space
preservation."
Councilmember O'Neill noted the Planning Commission has raised several issues relative to land
use which the Council should review and reconsider. He encourage everyone to read the minutes
of that Planning Commission meeting.
CITY COUNCIL WORK SESSION MINUTES
MAY 4, 1998 - PAGE 6
7. ADJOURNMENT
Dahlberg moved, O'Neill seconded adjourning the work session meeting at 10:04
p.m. Motion passed 310.
RESPECTFULLY SUBMITTED
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD COUNCIL CHAMBERS
REGULAR CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, MAY 11, 1998 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING DRAFT
Mayor Dahlberg called the meeting to order at 7:00 p.m.
A Roll Call
Present: Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; City Attorney
Ron Batty; Engineer Larry Brown; Planning Director Brad Nielsen; Finance
Director Al Rolek.
Absent: Councilmember Champa; Administrator Hurm
B . Review Agenda
Mayor Dahlberg read the Agenda for May 11, 1998. Councilmember O'Neill requested Items 3B
and 3E be considered as Item 13B. Brown requesting adding agenda Item No. 13A,
Consideration of a Motion for Appointment to the Position of Light Equipment Operator. The
agenda was accepted as amended.
O'Neill moved, Garfunkel seconded accepting the agenda as amended. Motion
passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes - April 27, 1998
C]
Dahlberg
moved,
Stover seconded
approving the City Council Work Session
Minutes
for April
27, 1998, as
amended on Page 1, Item 2, Paragraph 5,
Sentence
2, change
"correction" to
"correct." Motion passed 410.
B. City Council Regular Meeting Minutes - April 27, 1998
Dahlberg moved, Garfunkel seconded approving the City Council Regular
Meeting Minutes for April 27, 1998, as amended on Page 9, Item 12, Paragraph
4, Sentence 1, change "objection" to "objective "; Sentence 2, change to read,
"however, he felt voters should be able to sanction the process." Motion passed
4/0.
C . City Council Executive Session Meeting Minutes - April 27, 1998
Dahlberg moved, Stover seconded approving the City Council Executive Session
Meeting Minutes for April 27, 1998 as submitted.
3. CONSENT AGENDA
Stover moved, O'Neill seconded approving the Motions contained on the Consent
Agenda and Adopting the Resolutions therein:
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 11, 1998 - PAGE 2
A. A Motion Authorizing Execution of the Mighty Kids Grant Agreement
B . A Motion Approving a Sign Permit for Twin Cities Sign Images (on
behalf of Minnesota Mini - storage), State Highway 7 (Removed from
Consent Agenda and moved to Item 13B.)
C. A Motion adopting RESOLUTION NO. 98 -040 "A Resolution
Approving a Request for a Conditional Use Permit for Nancy
Williams, 26270 Smithtown Road"
D. A Motion adopting RESOLUTION NO. 98 -041 "A Resolution
Approving a 1998 Refuse Hauler's License
E. A Motion Approving a Sign Permit for John Cross (Removed from
Consent Agenda and moved to Item 13B.)
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
Norman Schroeder, 4660 Lakewood Terrace, explained he coaches children's soccer in
Shorewood. This program is sponsored by Tonka United Soccer Association. Mr. Schroeder
stated there is a field shortage this year, forcing games to be scheduled at very unusual times. He
noted there is insufficient space at Freeman Park to meet the needs of the Association.
Mr. Schroeder noted the Association has requested additional space in the past, however, has not
received this space. He pointed out there is a football field at Badger Park which is currently a
football only field. Mr. Schroeder stated it would be very helpful if the Association could utilize a
portion of this field for the balance of the summer.
•
Mayor Dahlberg noted his impression Tonka United has established a policy of resting the fields.
Brown explained this policy was established by the Association because of injuries which can be
incurred as a result of fields which are too compacted and overworked. In attempting to upgrade
the fields, the Association suggested the City implement a policy in which the fields are rested.
Mayor Dahlberg stated he has conferred with Park Commission Chair Dan Puzak. Chair Puzak
expressed concern relative to the impact on this field prior to the football season. He had indicated
it would possibly be acceptable for a portion of the field to be utilized for practices.
Mayor Dahlberg suggested Mr. Schroeder discuss this matter further with Tonka United Soccer
Association and if they wish to request a change in policy, they may do so. Mr. Schroeder
indicated all of the fields are currently being used on a daily basis. Brown related his
understanding the Association had indicated they would be alternating use of the fields. The City
has a concern relative to using the open area next to the tot lot, noting this area has not been
designated for soccer. Brown stated there are concerns relative to injury and liability in using that
particular area.
Mr. Schroeder stated he would like the Council to take some direct action at this time.
Councilmember Stover noted a decision was made a year ago that the field next to the tot lot would
not be used for soccer this year due to safety issues. It only recently became an issue to Tonka
United when they changed their schedule. She requested clarification from Tonka United on this
issue.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 11, 1998 - PAGE 3
Mayor Dahlberg stated he would be willing to discuss this issue, however, he needs to ascertain
the position of Tonka United.
Mr. Schroeder requested the Council consider allowing Tonka United to utilize the football field at
Badger Park for their soccer activities.
Mayor Dahlberg stated he will follow up on this issue with the Tonka United Soccer Association.
Councilmember O'Neill pointed out the Park Commission has worked closely with Tonka United
relative to this issue and he would like to obtain input from the Park Commission.
Councilmember Garfunkel felt the prudent action would be to allow the fields to rest for a period of
time.
5. 1997 ANNUAL AUDIT REPORT - ABDO, ABDO, EICK & MEYER
Steve McDonald, Abdo, Abdo, Eick & Meyer, presented the Excellence in Financial Planning
Award for the 1996 Financial Report. He also presented the Distinguished Budget Award. Mr.
McDonald explained both awards are very difficult to obtain and Finance Director Rolek puts forth
considerable effort to qualify for the awards.
Mr. McDonald presented the 1997 Comprehensive Annual Financial Report as well as the Audit
Report for 1997 and briefly described both reports.
Stover moved, Garfunkel seconded accepting the Audit Report for 1997. Motion
passed 4/0.
6 . PARKS - Report by Representative
A. Report on April 28, 1998 Park Commission Meeting
Commissioner Themig reported on the matters considered and actions taken at the April 28, 1998
meeting of the Park Commission (as detailed in the minutes of that meeting).
B . A Motion a Resolution Encouraging a Joint Skateboard Park
Committee
Councilmember Stover stated she was impressed with Matt Pike's presentation relative to this issue
and recommended the Council approve this resolution.
Mayor Dahlberg expressed concern and requested the issue of poteIitialliability be investigated.
Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-042, "A
Resolution Encouraging a Joint Skateboard Park Committee." Motion passed 5/0.
Mayor Dahlberg explained upon conclusion of the regular City Council Meeting, the Council will
convene in Executive Session to discuss pending litigation.
7 . PLANNIN G .. Report by Representative
Planning Director Nielsen reported on the matters considered and actions taken at the May 4, 1998
meeting of the Planning Commission (as detailed in the minutes of that meeting).
CITY COUNCIL REGULAR MEETING MINUTES
MA Y 11, 1998 - PAGE 4
v'"
A. A Motion to Adopt a Resolution Approving Requests for a Setback
Variance
Applicant:
Location:
David Peck
5575 Sylvan Lane
Attorney Batty estimated the costs which would be incurred in a street vacation would not exceed
$500. Mr. Peck commented he did not feel he should have to incur this cost in obtaining a street
vacation.
Mayor Dahlberg explained that Mr. Peck will be required to pay the costs which would be incurred
in vacating the street and Mr. Peck indicated his understanding and stated it is his intention to
proceed with his request.
Engineer Brown explained without preliminary survey and design information, it is difficult to
adequately determine if all of the right-of-way would be required for corrections to the geometrics
of the roadway. Brown suggested a compromise would be to vacate the right-of-way in excess of
50 feet and require Mr. Peck to provide the City with a permanent lO-foot roadway easement along
the property. This would provide the City with the ability to correct any geometric deficiencies for .
the roadway.
Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-043, "A
Resolution Approving Requests for Setback Variance for Dave Peck, 5575 Sylvan
Lane. " Motion passed 4/0.
Stover moved, O'Neill seconded establishing a public hearing relative to the
vacation on June 8, 1998. Motion passed 4/0.
8. DISCUSSION WITH OWNER OF FLOORS PLUS, INC.
David Johnson, owner of Floors Plus, Inc., 5660 County Road 19, Shorewood, was in
attendance. He reviewed the issues which are outlined in his April 27, 1998, letter to Mayor
Dahlberg and the City Council.
With respect to the issue of snowmobiling, Mr. Johnson proposed the City create a trail from the .
snowmobile path to the gas station. He also offered an easement in front of his business to create
such a path. Mr. Johnson noted this to be a safety issue as opposed to a property rights issue.
Mayor Dahlberg suggested the Public Works Department address this matter. Councilmember
O'Neill pointed out there is an issue of enforcement as well.
Mayor Dahlberg addressed the issue of the David Perkins watermain job. City Engineer Brown
noted a curb was placed which was rejected by the City. Mr. Perkins reinstalled the curb and this
curb was ultimately approved by the City. Brown pointed out this was a bituminous curb which
will not withstand the abuse of snow plows. In addition, Hennepin County uses salt and this has
resulted in a bum line in this particular area.
Mr. Johnson explained after the curb was approved by the City, Mr. Perkins returned to the site
and, in the process of moving dirt from the ICO station, the curb was once again damaged. Mr.
Johnson noted he is going to expand his facility. He requested if the City intends to make any
improvements in this area, that he be allowed to have input relative to issues such as drainage
and/or any work which is completed at the intersection of County Road 19 and Smithtown Road.
.. .
CITY COUNCIL REGULAR MEETING MINUTES
MA Y 11, 1998 - PAGE 5
With respect to the Naegele sign, Planning Director Nielsen explained this is a nonconforming sign
which has been grandfathered in. The American Legion owns the property in this location and has
indicated they will not be renewing the lease on this property and the sign will be removed at some
point this year.
Mayor Dahlberg suggested Mr. Johnson keep in close contact with City Staff relative to these
issues.
Councilmember Stover asked Mr. Johnson for his position relative to the snowmobile trail. Mr.
Johnson stated he is in favor of snowmobiling and expressed his belief residents should be
permitted to utilize the trail for snowmobiling. Councilmember O'Neill suggested Brown reviewed
this trail issue from a safety aspect.
9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
CLARIFYING INTENDED USE OF RIGHT-OF-WAY - HIGHWAY 7 AND
POWERS BOULEVARD
.
Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-044, "A
Resolution Clarifying Intended Use of Right-of-Way - Highway 7 and Powers
Boulevard." Motion passed 4/0.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
APPOINTMENTS TO THE AD HOC LAND CONSERVATION
COMMITTEE
Mayor Dahlberg explained Mr. Dean Riesen has agreed to serve as the chairman of the committee.
Mr. Riesen has requested the appointment of Mr. Prank Svoboda to this committee and is currently
attempting to obtain another person to serve as well.
O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-045, "A
Resolution Making Appointments of Dean Riesen, Chairman, and Frank Svoboda
to the Ad Hoc Land Conservation Committee." Motion passed 4/0.
.
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
REGARDING ADMINISTRATION OF THE WETLAND CONSERVATION
ACT
Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-046, "A
Resolution Authorizing the Mayor and City Administrator to Enter into an
Agreement Establishing the Local Governmental Unit for Administration of the
Wetland Conservation Act." Motion passed 4/0.
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
APPOINTMENTS TO THE PARK FOUNDATION
Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-047, "A
Resolution Making Appointments of David Anderson and Roger Champa to the
Park Foundation." Motion passed 4/0.
13. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING
APPOINTMENTS FOR 1998
...
CITY COUNCIL REGULAR MEETING MINUTES
MAY 11, 1998 - PAGE 6
Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-048, "A
Resolution Making the Appointment of Roger Champa as the Park Commission
Council Liaison and John Garfunkel as the Cable Commission Council Liaison for
1998. " Motion passed 4/0.
A . Consideration of a Motion for Appointment to the Position of Light
Equipment Operator
Engineer Brown recommended Brad Mason to fill the vacancy created by the retirement of Ralph
Wehle last April.
Dahlberg moved, Stover seconded approving the appointment of Brad Mason to
the Position of Light Equipment Operator. Motion passed 4/0.
B. A Motion Approving a Sign Permit for Twin Cities Sign Images (on
behalf of Minnesota Mini-Storage), State Highway 7 (This item was
removed from the Consent Agenda for discussion and consideration.)
A Motion Approving a Sign Permit for John Cross (This item was .
removed from the Consent Agenda for discussion and consideration.)
Councilmember O'Neill reported he has received a number of complaints relative to signs which
are on throughout the evening hours. He suggested the Council revisit this issue at a future work
session. Mayor Dahlberg Qoted his agreement, pointing out it is inconsistent for the City to
essentially have a policy of no street lights unless they are petitioned for and then, on the other
hand, allow lighted signage in the evening which upsets the atmosphere which the City is
attempting to preserve.
Councilmember Stover suggested this matter be referred to the Planning Commission for their
consideration and recommendation back to the Council.
O'Neill moved, Stover seconded approving a sign permit for Twin Cities Sign
Images (on behalf of Minnesota Mini-Storage), State Highway 7 and approving a
sign permit for John Cross. Motion passed 4/0.
Dahlberg moved, Garfunkel seconded amending RESOLUTION NO. 98-047, to .
include the appointment of Brian Lieffer to the Park Foundation as well. Motion
passed 4/0.
Mayor Dahlberg recessed the meeting at 8:55 p.m. and reconvened at 9:05 p.m.
14. ADMINISTRATOR AND STAFF REPORTS
A . Staff Report on Development Monitoring
Nielsen reported the developer of Watten Ponds has been directed to begin and complete the
landscape berm along Eureka Road at this time. The tree protection takes place in this area as well
as the area of the existing spoil pile.
A building permit for Lot 4, Block 3 was rejected based on the height of the building being
proposed and did not involve any landscape issues.
.
.
...
CITY COUNCIL REGULAR MEETING MINUTES
MAY 11, 1998 - PAGE 7
Brown reported staff has been in contact with the Watershed District relative to the wetland area at
the Watten Ponds site. The Watershed District is being questioned as to why this area has not been
restored. The developer's engineer claims the elevation remains the same as when the sanitary
sewer crossing was initiated through that wetland. City staff has objected and notified the
Watershed District, h9wever, the Watershed District has not supported the City on this issue. At
this point, staff will survey the area and report back to the developer and the Watershed District,
pointing out there is an error which needs to be corrected.
Brown reported lighting costs have been submitted to Mr. Dresser at Gideons Woods relative to a
street light on Glen Road. With respect to the storm sewer issue, Hennepin County has visited the
site and have stated they will consider allowing this pipe in the Hennepin County right-of-way.
B . Report on Shoreline Messages Received
Mayor Dahlberg reviewed the messages received on the Shoreline. He noted a suggestion was
received relative to allowing parking on only one side of the street at the times events are being held
at the Minnewashta School.
Councilmembers Garfunkel and O'Neill noted they have both experienced this situation and noted
the area does become very congested. There have also been complaints relative to cars parking on
the grass along Strawberry Lane as well.
Mayor Dahlberg suggested staff determine how many cars are anticipated during one of these
events to assist in planning for such parking situations.
Councilmember Stover noted Strawberry Lane is not wide enough to accommodate parking and
felt it may be helpful to limit parking to one side of the street. Councilmember O'Neill felt
additional input should also be obtained from the residents in the area.
C. Engineer's Report on May 6 Stormwater Management Informational
Meeting
Mayor Dahlberg reported on Wednesday, May 6, residents were invited to meet with the Council,
staff and the consulting firm, WSB, to discuss any stormwater management problems they may be
experiencing.
Brown reported a new problem was brought to light which is occurring in the Waterford area. In
addition, he reported the aerial photography necessary for completed a stormwater management
plan has been completed. The concerns which were raised by the residents have been included in
the stormwater management plan. Brown noted this plan will be completed in approximately one
year.
Mayor Dahlberg requested a date be set in which the residents who brought forth their drainage
problems are contacted and informed of the process which the City will be following in this regard.
Councilmember Stover suggested this information also be included in the newsletter.
15. MAYOR & CITY COUNCIL REPORTS
Report on May 4 Work Session:
Mayor Qahlberg reported on the matters discussed by the Council at the May 4, 1998 work
session. He reviewed the following issues (as detailed in the minutes of that meeting):
Use of Right-of-Way
CITY COUNCIL REGULAR MEETING MINUTES
MA Y 11, 1998 - PAGE 8
-
Telecommunications Consultant
Land Use Issues
Rental Policy
Direction to Staff on Planning Commission Make-Up
With respect to the Planning Commission, Councilmember O'Neill suggested staff prepare a draft
ordinance for the Council's consideration and add this item to the next regular City Council
agenda. Councilmember Stover noted she is not in agreement with this change to the Planning
Commission.
Councilmember O'Neill inquired as to the status of the Watershed District and Strawberry Lane.
Brown provided some background information and explained the watershed permitting process
relative to the reclamation project for Strawberry Lane will be completed this Thursday.
Councilmember O'Neill requested an update from staff at the next work session relative to the
issues which are currently planned for future work sessions.
.
Councilmember O'Neill suggested allowing public input prior to a vote on the Consent Agenda.
Mayor Dahlberg noted his agreement and suggested adding an agenda item permitting comment
relative to the Consent Agenda. If there is discussion on a particular item, that item would be
removed from the Consent Agenda and discussed separately.
Councilmember O'Neill suggested the Council review the ordinance relative to home occupations.
Councilmember Stover felt this issue should be reviewed by the Planning Commission for
recommendation to the Council. Councilmember O'Neill felt the Planning Commission would not
have time to address this issue given the number of projects they are currently addressing.
Mayor Dahlberg suggested combining the discussion relative to home occupations and Conditional
Use Permits. He would also like to discuss how these permits are reviewed and how often.
Mayor Dahlberg requested staff provide copies of the home occupation ordinance, highlighting
areas of concern which should be address by Council.
Councilmember O'Neill commented on the rules which are listed on the HomePage relative to how .
meetings are run. He suggested this be reviewed and updated. Mayor Dahlberg pointed out the
Council meetings could be broadcast through the City's website fairly inexpensively.
Councilmember O'Neill requested a report from the Liquor Committee addressing the
recommendations included in the NMBA report. Councilmember Garfunkel pointed out the
Committee has moved forward on a number of the recommendations and he will prepare a report
for the Council's review.
Councilmember O'Neill inquired relative to the beaver situation on Christmas Lake and the tree
loss which is occurring. Brown stated it would be difficult to determine the number of trees which
have been lost, however, he will review this situation and report back to Council.
Councilmember O'Neill raised the issue of curb and gutter and noted the priority list for 1997
indicates this issue needs finalization. He questioned the status of this issue. Nielsen commented
there is some additional discussion which needs to take place relative to this issue. He will check
into the status of this issue and report back to the Council.
.
.
-
CITY COUNCIL REGULAR MEETING MINUTES
MA Y 11, 1998 - PAGE 9
Councilmember O'Neill asked about the status of the housing study. Nielsen explained the
program which has been established for the Planning Commission encompasses June, July and
August. He further explained that at this time he is waiting to receive a final report back from the
consultant who is working for the southshore communities. The final report is scheduled for the
latter part of May.
Councilmember O'Neill questioned whether the City has a long.range technology plan. Mayor
Dahlberg felt this to be a topic in which the Council would be greatly interested.
Councilmember Stover noted the Community Center received a call relative to the lighted sign and,
in response, the Center is turning the light off at night.
Brown reported the support well for Amesbury has burned out. It is anticipated the motor will
have to b~ replaced. The main well is functioning, however, the homeowners associations have
been contacted and a request made that lawn sprinkling be curtailed until this situation can be
corrected.
16. ADJOURNMENT
Dahlberg moved, Stover seconded adjourning the regular meeting to executive
session at 9:57 p.m. subject to the approval of claims. 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
CITY COUNCIL EXECUTIVE SESSION
MONDA Y, MAY 11, 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
FOLLOWING REGULAR
PORTION OF MEETING
MINUTES
1.
CONVENE CITY COUNCIL EXECUTIVE SESSION
DRAr1
Mayor Dahlberg called the meeting to order at 10:07 p.m.
A . Roll Call
Present: Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; City Attorney
Ron Batty and Corrine Thomson; City Planner Brad Nielsen; and City Engineer
Larry Brown
Absent:
Council member Champa
B . Review Agenda
"
The agenda was approved as presented.
2. DISCUSSION ON STATUS OF CURRENT AND PENDING LITIGATION
MA TTERS
Attorney's Batty and Thomson briefed the Council on the status of pending and current litigation
matters.
3. ADJOURNMENT
Mayor Dahlberg adjourned the City Council Executive Session Meeting at 10:50
p.m. Motion passed 4/0.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
#za
.
.
" "
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE
INTOXICATING LIQUOR & SPECIAL SUNDAY SALES
WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02,
provides for the licensing of the sale of intoxicating liquor in the City and requires a special license
for Sunday sales; and
WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill
certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled
the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a
special license for "Sunday Sales".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
That a License for the "on-sale" of intoxicating liquor and a special Sunday License for
sales be issued for a term of one year, from June 1, 1998 to May 31, 1999, consistent with
the requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Minnetonka Country Club
Address
24575 Smithtown Road
Shorewood, MN 55331
ADOPTED by the City Council of the City of Shorewood this 26th day of May, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
# --9A
"
"
~'
Ii ,\~\
\~~~~~;;
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement
444 Cedar St., Suite looL
St. Paul, MN 55101-2156
612-296-6430 . TrY 612-282-6555 . FAX 612-297-5259
RENEW AL OF LIQUOR, WINE, OR CLUB LICENSE
No license will be approved or released until the $20 Retailer lDCard fee i~ received by MN Liquor Control
Licensee: Please verify your license information contained below. Make corrections if nec~ssary and sign. City
Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new
license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license
cancellation.
License Code ONSS
City/County where license approved
License Period Ending O!$/31/1 998 ID #
Shorewood
3585
Licensee Name Mi nnet onka CC Assn. Inc.
Trade Name
Minnetonka Country Club
Licensed Location address Bo x 360
City, State, Zip Code Exce I s i or, MN 55331
Business Phone (612) 474-5222
LICENSE FEES: Off Sale $
OnSale$ 7,500.00
Sunday $
200.00
By signing this renewal application, applicant certifies that there has been no change in ownership or the above named
licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used.
See back of this application for further information needed to complete this renewal.
Aoolicant's silmature on this renewal confirms the followin!!: Failure to reoort any of the followin!! will result in fines.
1. Licensee confrrms it has no interest whatsoever, directly or indirectly in any other liquor establishments in
Minnesota. If so, give details on back of this application.
2. Licensee confrrms that it has never had a liquor license rejected by any city/township/county in the state of
Minnesota. If ever rejected, please give details on the back of this renewal, then sign below.
3. Licensee confrrms that for the past frve years it has not had a liquor license revoked for any liquor law violation
(state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below.
4. Licensee confrrms that during the past frve years it or its employees have not been cited for any civil or criminal
liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below.
5. Licensee confrrms that during the past license year, a summons has not been issued under the Liquor Liability Law
(Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below.
6. Licensee confrrms that Workers Compensation insurance is in effect for the full license period.
Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county
where license is issued. $100,000 in cash or securities or $100, 000 surety bond may be submitted in lieu of liquor
liability.
Licensee Signature r:y!/..../.-l~ a~.
(Signature certifres all above information to be orrect and license has
City Clerk/County Auditor Signature Date
(Signature certifres that renewal of a liquor, wine or club lice e has been approved by the city/county as stated above.
c.. I'1Sr
/
County Attorney Signature Date
County Board issued licenses only (Signature certifres licensee is eligible for license).
Police/Sheriff Signature Date
(Signature certifres licensee or associates have not been cited during the past frve years for any state!localliquor law
violations (criminal/civil). Report violations on back, then sign here.
PS 9093-96
~
i
Indicate below chaDl!es of coroorate officers. oartners. home addresses or teleohone numbers:
!1A':-~
Indicate below any interest whatsoever. directlv or indirectlv in other liQuor establishments:
'}il-p
.....
Reoort below details of liQuor law violations (civil or criminal) that have occurred within the last five years. (Dates. offenses. fines or
other oenalties. includinl! LiQuor Control Penalties):
_ ..A
(l?
.
Reoort below details involvinl! any license reiections or revocations:
~/
.
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~ 612 474 0128
P.02
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8
MiDuesota Depar1nlcut of Public Safely
LIQUOR CONTROL DIVISION
444 Cedar St., Suite 100 1.., SI. raul. MN 55101-2156
Fax (612)197-'259
(612)296-6430 nY (612)232.6555
eo.
- ,
. .'.~'.-
"
CERTIFlCA TION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE
WorkersCompeDSllioaIasoraDceCompIll)" The St. Paul
LICENSEE'S SALES a. USE TAX 10 #I
No JkeDse will be .,p~ Of ~ uatO the S20 RctaBer ID Card fll! ~ reeetved by ~.~q~~'~Dtrol
CK 0630 7616
Po~ WVA 6302299
To a for sales Wt Dumber, caU 296-6181 or 1-100-651.3771
ISSU1NC A1J1lIORlTY
coUNTY OF Hennepin
TndcNlDle or DBA
Minnetonka Count
City
(PO Box 360 ~xc lsior)
S
LiecDse Period
From 6-1- 8
Suoday LiceDsc Number
Club
CITYOF uhorewood
Lil;CDscc NUDe (Corporatioa. Paruacnhip, lDdividual)
Minnetonka Count C \b Pss
BusiDess Address
24575 Smithtbwn Rd.
Zip Code
Bohdan Witrak
ParmcrlOJrlCCl' Name (F'"ant. middle .ncllast)
Ruth B. 'ltJitrak
PartDer/Officcr Name (FIrSt. middle 1DCl1ast)
Pres.
Title
PO Box 218 Excelsior, Mn.553 1
Address
1 /18/ 9 V.P.
ooD Title
same
Address
The Uceuscc must. u'W oae oflbe fo1lowUsS:
(A'" ACH CERTIFlCA TE OF INSURANCE TO 11118 FORM.)
ane
1.iquor Liability InsurlDce (Dram Shop) . S50,OOO per person; S t 00,000 more ibID ODe persoo; S10,000 PnJperty Dcstnsctiou;
$50,000 and S 100,000 for loss of II1C8IIS of support.
llI'
DB. A bood of I surety colDplD)' with _imam cowrasc IS Spccif"lCCllbovc ia A.
llI'
DC. A certUlCIlC fl'ODf 1he Sllte Tmsurer tbIl dae licensee has deposited willi Ihc Slate, Tmst FUDds havillS a market value of
S 100,000 ill cash or securities.
DYes J11: No DuriIIC the past Jicea8c year his . S1IQU'Ooas beeD issued under Ibe Liquor Civil Liability Law (Dram Shop)?
If Ittach a oflH -~.
Check those items thlt ~ty
Truasac:tioa Type 0 New 0 RevobJCuoc1
o TJlllSfer 0 .
Transfer of ownersbip &om (Name aacl Address)
~Ie ODe
SuspeacllRevokeICuceUed
From To
d:lB/9R
Date
An retaU liquor licensees must have a C:UlTtDt Federal Special Occupational SCamp. Thi. .eamp I. IlIued by tbe Bureau of
Alcobot, Tobacco and Flre'rID', For Infonnatioa eall (612)290-34" I'S 9011.94
.
.
;
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of
certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims arising out
of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such a license
and has agreed to all terms and conditions of the agreement contained in the license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the terms, and
conditions of the license be issued to Storefront Youth Action. Said raffle to be held on
Monday, August 10, 1998 at the Minnetonka Country Club, 24575 Smithtown Road,
Shorewood, Minnesota.
ADOPTED by the City Council of the City of Shorewood this 26th day of May, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
'~B
.' f ..
,
Minnesota Lawful Gambling .i1Ol~ te ~ n 0/1 ~ IRII
Application for Exempt Pennit · ~2i/!Y 1 3 1998 ~
Organization Information \ .
-
~
I'lcvlous laWTUI gambling exemption number
X- bY') gl-
StatelZip Code County
MN 55423 Hennepin
Daytime phone number of
CEO: (612 ) 861-1675
For Board Use Only
Fee Paid
Check No.
Initials
Received
/-
Organization name
Storefront/Youth Action
Street City
6425 Nico11et Ave. S. Richfield
Name of chief executive officer (CEO) of organization
First name Last name
Mary Ellen Barrett
Name of teasurer of organization
First name
Last name
.
Daytime phone number of
treasurer: ( 612 ) 861-1675
Paul
Norman
. Type of Nonprofit Organization
Check the box that best describes your organization:
o Fraternal
o Veteran
o Religious
[XJ Other nonprofit organization
Check the box that indicates the type of proof your organization attached to this application:
o IRS letter indicating income tax exempt status
o Certificate of Good Standing from the Minnesota Secretary of State's Office
o ) charter showing you are an affiliate of a parent nonprofit organization
g Proof previously submitted and on file with the Gambling Control Board
.
Gambling Premises Information
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
Minnetonk:a Country Club
Address (do not use PO box)
City
StateJZip Code
Count;
24575 Smi thtown Road, PO Box 360, Excelsior, MN 55331
Hennepin
Date(s) of activity (for raffles, indicate the date of the drawing)
Monday, August 10, 1998
Check the box or boxes that indicate the type of gambling activity your organization will be conducting:
o *Bingo
[Xl Raffles
o *Paddlewheels
D*Pull-Tabs
o *Tipboards
*Equipment for these activities must be obtained from a licensed distributor.
This form will be made available in altemative format (i.e. large print. Braille) upon request.
The information requested on this form will become public information when received by the Board. and will be used to determine
your compliance with Minnesota statutes and rules goveming lawful gambling activities.
Page 1 of 2
3/98
f"
Application for Exempt Permit - LG220
Page 2 of2
3/98
Organization Name !=;tor~frontlYollth Action
Local Unit of Government Acknowledgment (Required by Statute)
fUhegambllng premises Is within city limits, the
"t;!tl,.I'!1tist ~i9!l'~~:!lPpli~ti()n.....~""..> ..,;......., .
On behalf of the city, I acknowledge this application
and three options for the city:
1. Approve the application: By taking no action,
the city allows the Board to issue a permit after
30 days (60 days for a first class city).
2. Waive the above-noted waiting period: The
city allows the Board to issue a permit before
30 days (60 days for a first class city). Docu-
mentation attached.
3. Deny the application by passing a resolution
within 30 days (60 days for a first class city).
d
If the . gambling premises. Is located inatownshlp,.both
the,5()~~~;,,~~~~""!IShip~ustsignthisapPJl~tion:,:=,.... .
On behalf of the county, I acknowledge this application
and three options for the county:
1. Approve the application: By taking no action, the
county allows the Board to issue a permit after 30 days.
2. Waive the above-noted waiting period: The county
allows the Board to issue a permit before 30 days.
Documentation attached.
3. Deny the application by passing a resolution within
30 days.
Print name of county:
(Signature of county personnel receiving appiication)
Title
Date / /
On behalf of the township, I acknowledge that the
organization is applying for exempted gambling activity
within the township limits.
A township has no statutory authority to approve or deny
an application (Minn. Stat. sec. 349.213, subd. 2).
Print name of township:
. (Signature of township official acknowledging application)
Title
Date / /
.
Chief Executive Officer's signature
.
Chief Executive Officer's Signature
The information provided in this application is complete and a
Name (please print)
Date 05 I~~
Mail Application and Attachment(s)
At least 45 days prior to your scheduled activity date send:
~ the completed application;
. a copy of your proof of nonprofit status, and
· a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated,
refundable, or transferable.
Send to: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
If your application has not been acknowledged by the local unit of govemment, do not send the application to the
Gambling Control Board.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION ESTABLISHING A POLLING PLACE
FOR PRECINCT III FOR ALL FUTURE ELECTIONS
WHEREAS, during past elections, the polling location for Precinct III has been at
the Minnewashta School; and
WHEREAS, due to limitations at the Minnewashta School new polling locations
have explored; and
WHEREAS, Board Members of the Minnewashta Church have agreed to allow
the use of their facilities as a polling place for Precinct III for all upcoming elections.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the City Council hereby approves the following polling location for Precinct
III of Shorewood, Minnesota:
Precinct III
(2070)
Minnewashta Church
26715 West 62nd Street
Shorewood MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 26th day of May, 1998.
.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
#ac
I ..
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
RESOLUTION AUTHORIZING
MAYOR AND CITY ADMINISTRATOR TO
EXECUTE NON-DISCLOSURE AGREEMENT WITH HENNEPIN
COUNTY
WHEREAS, the City of Shorewood (City) has a desire to obtain
electronic parcel specific data from Hennepin County (County); and
WHEREAS, in order for the City to obtain the desired information, the
City must first execute a Non-Disclosure Agreement with the County, establishing criteria
for the use of such data.
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City
Council hereby authorizes and directs the Mayor and the City Administrator to execute the
Non-Disclosure Agreement on behalf of the City.
ADOPTED by the Shorewood City Council this 26th day of May, 1998.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
3,D,
.
,
.
Agreement No.
HENNEPIN COUNTY
CONDITIONAL USE LICENSE AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer
Services Department, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "County", and the City of Shorewood, hereinafter referred to as the
"Entity". For purposes of this Agreement, the address of the County is A 703 Government
Center, Minneapolis, Minnesota 55487-0073 and the address of Entity is 5755 Country Club
Road, Shorewood, Minnesota 55331-8927.
WITNESSETH
. WHEREAS, the County has developed electronic forms of certain data bases and an
electronic proprietary geographical digitized data base hereinafter referred to as "EPDB"; and
WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the
Entity's business; and
WHEREAS, in acknowledgment of the Entity's above-stated purpose, the County is
agreeable to provide to the Entity the EPDB described in Appendices A and B; and
WHEREAS, the parties agree that the execution of this Agreement is necessary in order
to adequately protect said EPDB; and
.
WHEREAS, the County exclusively owns the EDPB which is the subject of this
Agreement and has the authority and legal right to grant Entity a license to have and use the
EPDB as provided in this Agreement; and
WHEREAS, the EPDB is trade secret or confidential information under the Minnesota
Government Data Practices Act, is subject to copyright protection, and is governed by Minnesota
Statutes sections 375.86 and 13.03 as well as other applicable state and federal law.
NOW THEREFORE, in consideration of the premises, as well as the obligations herein
made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows:
Section 1
SCOPE OF AGREEMENT
1.1 This License Agreement shall apply to the EPDB as described in Appendices A and B
herein.
~
Section 2
GRANT OF LIMITED LICENSE
2.1 The County hereby grants the Entity a non-exclusive, nontransferable and nonassignable
limited use license to use the EPDB. Said license shall commence on the date of
approval of this Agreement by the County and shall extend throughout the term of the
copyright unless terminated sooner, in accordance with the provisions hereof.
3.1
.
.
Section 3
ACKNOWLEDGMENT OF PROPRIETARY INFORMATION
RESERVATION OF TITLE
The Entity acknowledges and agrees that the EPDB is the exclusive property of the
County, including, but not limited to, any and all indexes, and includes commercially
valuable information which reflect the efforts of skilled development experts and required
the investment of considerable amounts oftime and money, and that the County has
treated the EPDB as trade secret and confidential information, which County entrusts to
the Entity in confidence to use in the conduct of the Entity's business. The Entity further
acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and
method of arrangement of data subject to copyright protection; is self-developed
computer software under Minn. Stat. S 375.86 and is an entire or substantial and discrete
portion of a pattern, compilation, method, technique, process, data base or system
developed with significant expenditure of funds by County under Minn. Stat. S 13.03.
The Entity agrees that the County owns and reserves all rights, protection and benefits
afforded under federal copyright law in all EPDB furnished to the Entity as unpublished
works, as well as all rights, protection and benefits afforded under any other law relating
to confidential and/or. trade secret information respecting said EPDB, and that the Entity
will abide by all relevant laws, rules, regulations and decisions which afford protection to
the County for its confidential and trade secret information and said copyright. This
Agreement does not effect any transfer of title in or to any EPDB of the County. The
Entity acknowledges that it is granted only a limited right of use of such EPDB, which
right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate
with others to assert any right, title, or interest in any EPDB of the County.
Section 4
PROTECTION OF PROPRIETARY INFORMATION
4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose,
furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the
EPDB of the County and its unique design, arrangement or method of arrangement in its
electronic form furnished to the Entity to (1) any other person, firm, entity, organization,
or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity
2
who does not need to obtain access thereto in connection with the Entity's exercise of its
rights under this Agreement. The Entity shall be permitted to have one (1) back-up copy
of the EPDB. The Entity shall not otherwise copy or reproduce any EPDB of the County.
Under no circumstances may the entity disclose or disseminate any EPDB to any other
public or private entity. The obligations of the Entity to protect confidentiality which are
established by this Agreement apply to the EPDB itself and not to any graphic
representation or products produced by the Entity while using the EPDB. Any authorized
consultants, contractors or agents of Entity must properly execute and file a separate
EPDB Conditional Use License Agreement with Hennepin County.
The Entity expressly agrees to use the County's EPDB in the ordinary course of its
business and all such use shall bear a notice of copyright by Hennepin County.
.
4.2 Secure Handling. The Entity shall require that all EPDB and the one (1) back-up copy
be kept in a secure location at 5755 Country Club Road, Shorewood, Minnesota, 55331-
8927, and maintained in a manner so as to reasonably preclude unauthorized persons
from having access thereto. The Entity shall devote its reasonable efforts to ensure that
all persons afforded access to EPDB protect same against unauthorized use,
dissemination or disclosure. Except for off-site backup, the Entity shall not remove or
cause or allow to be removed from the Entity's place of business or the place of business
of any EPDB or any copy thereof without the prior written consent of the County, which
consent shall not be unreasonably withheld.
.
4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the
Entity shall use good faith and reasonable efforts to assist the County in identifying any
use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or
anyone else who may have come in possession of said EPDB while the same was in the
Entity's possession - in any manner that is contrary to the provisions of this Agreement
so long as the County shall have provided the Entity with information reasonably
justifying the conclusion of the County that such contrary use may have occurred.
4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting
confidentiality of the EPDB shall survive termination of this Agreement for any reason
and shall remain in effect for as long as the Entity continues to possess or control any
EPDB furnished by the County. In addition, the County shall remain entitled to enforce
its copyright and propriety interests in all EPDB.
3
Section 5
TERM, TERMINATION
5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period
commencing February 1, 1998 and terminating December 31,1998. This Agreement
shall commence from the date hereof, unless sooner terminated by either party with cause
upon three (3) calendar days' written notice to the other. The expiration or termination of
this Agreement shall automatically and without further action by the County terminate '
and extinguish the license. In the event of any such expiration or termination, the County
shall have the right to take immediate possession of said EPDB, and all copies thereof
wherever located, and without demand or notice. Within five (5) days after expiration or
termination of this Agreement, the Entity shall return the EPDB and all copies thereof to
the County, or upon request by the County, the Entity shall destroy all of the same and all
copies thereof and certify in writing to the County that the same has been destroyed.
.
5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the
exclusive right or remedy but shall be considered to be in addition to any other right or
remedy hereunder or allowed by law, equity or statute.
5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or
stipulation of the Agreement, or to exercise any right herein contained shall not be a
waiver or relinquishment of such covenant, agreement, stipulation or right, unless the
County stipulates thereto in writing. Any such written consent shall not constitute a
waiver or relinquishment of such covenant, agreement, stipulation or right.
Section 6
INJUNCTIVE RELIEF
.
6.1
The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or
any part thereof could cause irreparable harm and significant injury to the County, which
may be difficult to measure with certainty or to compensate through damages.
Accordingly, the Entity agrees that the County may seek and obtain against the Entity
and/or any other person or entity injunctive relief against the breach or threatened breach
of the foregoing undertakings, in addition to any other equitable or legal remedies which
may be available.
Section 7
OTHER TERMS AND CONDITIONS
7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
4
7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power
occurring upon any noncompliance or default by the other party with respect to any of the
terms of this Agreement shall impair any such right or power or be construed to be a
waiver thereof unless the same is consented to in writing. A waiver by either of the
parties hereto of any of the covenants, conditions, or agreements to be observed by the
other shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained. All remedies provided for in this
Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies
available to either party at law, in equity, or otherwise.
7.3 Governing Law. This Agreement shall be governed by and construed in accordanae
with the laws of the State of Minnesota.
7.4
.
7.5.
7.6
.
7.7
Entire Agreement. This License Agreement constitutes the entire Agreement between
the parties, and there are no understandings or agreements relative hereto other than those
that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in
writing and executed by the party against whom such change, waiver, or discharge is
sought to be enforced.
No Assignment. Neither party shall assign, sublet or transfer this Agreement, eitherin
whole or in part, without the prior written consent of the other party, and any attempt to
do so shall be void and of no force and effect.
THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON
AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND
WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO,
FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE
ACCURACY AND COMPLETENESS OF THE EPDB.
THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE
REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF
THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT
TO TERMINATE THIS AGREEMENT.
In no event shall the County be liable for actual, direct, indirect, special, incidental,
consequential damages (even if the County has been advised of the possibility of such
damage) or lost of profit, loss of business or any other financial loss or any other damage
arising out of performance or failure of performance of this Agreement by the County.
The County and the Entity agree each will be responsible for their own acts and
omissions under this Agreement and the results thereof to the extent authorized by law
and shall not be responsible for the acts or omissions of the other party under the
Agreement and the results thereof. The parties' respective liabilities shall be governed by
the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and
5
f 1
other applicable law. This paragraph shall not be construed to bar legal remedies one
party may have for the other party's failure to fulfill its obligations under this Agreement.
7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified
mail to the other party address as follows:
To the Entity:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
To Hennepin County: Hennepin County Administrator
A-2300 Government Center (233)
Minneapolis, MN 55487-0233
Copy to:
Robert L. Hanson .
Hennepin County Chief Information Officer
A-1900 Government Center (190)
Minneapolis, MN 55487-0190
.
Copy to:
Patrick H. O'Connor
Director, Taxpayer Services Department
A-600 Government Center (060)
Minneapolis, MN 55487-0060
7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this
Agreement are incorporated into and made a part hereofby this reference.
.
7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and
warranties of the Entity under Sections 3, 4,5,6, 7.6, and 7.7 hereof and the obligations
and warranties of the Entity and the County which by their sense and context are intended
to survive the performance thereof by the Entity and the County, shall so survive the
completion of performance and termination or cancellation of this Agreement.
This portion of page intentionally left blank
6
.
.
COUNTYADMINffiTRATORAPPROVAL
ENTITY, having signed this Agreement, and the County having duly approved this
Agreement on the _ day of , 19_, and pursuant to such approval, the proper
County officials having signed this Agreement, the parties hereto agree to be bound by the .
provisions herein set forth.
Approved as to form
and execution.
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Deputy/County Administrator
Assistant County Attorney
Date:
CITY OF SHOREWOOD
By:
Mayor
And:
City Clerk! City Manager
7
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE EXTENDING A MORATORIUM ON THE SITING OF ADULT
USE ESTABLISHMENTS WITHIN THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
Section 6 of Shorewood Ordinance No. 319 is hereby amended to read:
"DURATION: This Ordinance shall remain in effect through the 31st
day of August 1998, or until such earlier time as said ordinance shall be revoked or
otherwise amended."
.
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 26th day of May 1998.
Tom Dahlberg, Mayor
ATTEST:
. James C. Hurm, City Administrator/Clerk
;3, C~
(
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MAY 5,1998
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Borkon called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Lizee, Bailey, Callies, Collins and Anderson;
Planning Director Nielsen; Council Liaison O'Neill.
Chair Borkon introduced Neil Anderson who was recently appointed to the Planning
Commission.
APPROVAL OF MINUTES
Planning Commission Minutes. April 14, 1998
Bailey moved, Collins seconded approving the Planning Commission Minutes of April 14,
1998, as submitted. Motion passed 6/0.
Chair Borkon suggested adding an item to the agenda relative to the Election of Vice Chair
noting this position is currently vacant. Planning Director Nielsen noted Item No.3, Study
Session - Land Use Revisions could be stricken from the agenda since this item is not prepared
for discussion at this time.
Collins moved, Anderson seconded adding Item No.3 to the agenda, Election of Vice Chair.
Motion passed 6/0.
1. SIMPLE SUBDIVISION/COMBINATION
Applicant:
Location:
Ron Hume
25040 Yellowstone Trail
Mr. Hume was in attendance and was in agreement with the staff recommendations.
Callies moved, Lizee seconded approving the simple subdivision/combination for Ron
Hume, 25040 Yellowstone Trail, subject to staff recommendations. Motion passed 6/0.
Chair Borkon noted this matter will come befqre the City Council for their consideration on
Tuesday, May 26, 1998, at 7:00 p.m.
f
PLANNING COMMISSION MINUTES
MA Y 5,1998. PAGE 2
2. SIMPLE SUBDIVISION
Applicant:
Location:
Dean Johnson
5875 Cathcart Drive
Mr. Johnson was in attendance along with his niece, Jennifer Bauerly, who will be purchasing
the property with her husband.
Mr. Johnson stated a southern boundary with 23 feet of dedication to the City for Cathcart Drive
would make the side yard tolerable. If there is a 27-foot dedication, the side yard will be very
narrow with respect to Mr. Johnson's home.
Mr. Johnson felt it would be best if the lot line were to continue straight west and be squared off.
This would, however, require a variance. He noted his understanding a variance would be
difficult to obtain.
.
Mr. Johnson asked the Commission to consider a 23-foot dedication back to the City since this
would be helpful relative to the southern boundary.
Mr. Johnson questioned if Cathcart Drive were to be moved at some point in the future whether
there would be any assurances the land would be deeded back to the property owner. Nielsen
stated this would be difficult to determine at this time since the plans for this particular roadway
have not yet been completed. He pointed out the property owners could, at that time, request a
vacation of the street.
Mr. Johnson stated there was consideration given to fronting the home on Smithtown Road,
however, given the traffic on Smithtown and the disruption in entering traffic from the driveway,
it was decided to front the home on Cathcart Drive.
.
Commissioner Bailey asked for an explanation of a minor collector street. Nielsen stated this has
not been defined. He noted Smithtown is a full collector street as opposed to Cathcart Drive
which would be considered a minor collector street.
Commissioner Bailey stated he would be concerned with reducing the right-of-way to a width
smaller than a normal city street. Mr. Johnson pointed out 33 feet still exist on the west side of
the street. That, in addition to 23 feet on the east side, would result in 56 feet of right-of-way.
Nielsen stated it is possible the same situation exists on the west side of the street as exists on the
east side. He stated his assumption that because the land was platted, the City acquired the 33
feet adjacent to the meadows and that that portion is dedicated as a part of the plat. Nielsen
pointed out the right-of-way is alteady being reduced from what has already been required in this
area.
Chair Borkon felt it important for the City to be able to make the necessary changes to Cathcart
Drive which will put this roadway in alignment with Marsh Pointe. She inquired of Council
PLANNING COMMISSION MINUTES
MAYS, 1998 - PAGE 3
Liaison O'Neill whether the Council has any long term idea relative to this issue. Council
Liaison O'Neill stated he did not feel there had been any change to this plan.
Commissioner Callies questioned why 25 feet would not be required since it would comply with
some street standards and does not comply at all with the 33-foot right-of-way. In addition, there
appears to be some historical precedent for 25 feet. Nielsen explained 27 feet allows the lot to be
120 feet wide. He stated he \yould have recommended 30 feet if there had been 120 feet of width
remammg.
With respect to a variance, Commissioner Callies asked whether the southern boundary being
moved more northerly would improve the buildability of the lot or if it would make the lot
unbuildable. Nielsen explained a public hearing notice would need to be published to consider a
variance of any kind. He did not feel this situation would warrant a variance since this is a
buildable lot. He further explained although the lot line will move closer to the house, there is a
50-foot setback resulting in a fair amount of green space.
. Commissioner Bailey questioned whether the 66 feet applies to all collector streets in new
subdivisions at this point. Nielsen explained the most recent collector street was constructed
with approximately 60 to 66 feet of right-of-way.
Commissioner Collins noted his agreement with Commissioner Callies that historically 25 fset
had been used which would result in a 50-foot right-of-way. He felt utilizing 25 feet would be a
good compromise for both the City and the property owner. Council Liaison O'Neill clarified
this will result in a 58-foot right-of-way given the 33 feet which currently exists on the west side
of the roadway. Nielsen felt 25 feet would be acceptable.
Commissioner Anderson requested clarification relative to the number of feet which exists on the
other side of the street. He felt the Commission could proceed on this issue subject to there
being 33 feet available on the opposite side of the roadway.
.
Commissioner Bailey asked why it would be acceptable to reduce the footage from 27 to 25 feet,
but not from 25 to 23 feet. Nielsen explained aside from being a 120-foot lot, the 27 feet
combined with the 33 feet which is assumed on the other side, results in 60 feet. He noted 60
feet would be the minimum for a collector street. This also takes into consideration the shift in
the roadway which is planned at some point in the future.
Commissioner Collins felt 25 feet would be easier to justify than utilizing 23 or 27 feet. He
noted there are existing streets which have 25 feet of right-of-way on each side and this street
would then be consistent.
Chair Borkon questioned whether the 25 feet allow sufficient area for a collector street. Nielsen
stated this will actually result in 58 feet unless the City acquires some additional right-of-way on
the other side of the street.
Collins moved, Callies seconded approving the simple subdivision for Dean Johnson, 5875
Cathcart Drive, subject to staff recommendations, utilizing a 25-foot right-of-way and
PLANNING COMMISSION MINUTES
MAY 5,1998 - PAGE 4
contingent on there being 33 feet of right-of-way on the opposite side of the roadway.
Motion passed 6/0.
Chair Borkon noted this matter will come before the City Council for their consideration on
Tuesday, May 26, 1998, as well.
3. ELECTION OF VICE CHAIR
Chair Borkon explained it is necessary to fill the position of vice chair since this position has
been vacated by Roger Champa who has been appointed to the City Council. Commissioner
Collins questioned whether it would be appropriate to fill this position since there remains a
vacancy on the Commission.
Council Liaison O'Neill explained the Council has discussed possibly reducing the Commission
to five members. This matter will be further discussed by the Council.
.
Commissioner Bailey felt seniority should have some importance on a governmental body and
the most senior commissioner should be presented to the Council for their consideration
regardless of the position the Council may take relative to a particular commissioner. Council
Liaison O'Neill noted there have been a number of changes to the Planning Commission since
the new Council has taken over and stated there was a significant difference between the Council
and the Commission on the direction the City should take.
Chair Borkon asked Council Liaison O'Neill to take these comments back to the Council and
noted she concurs with Commissioner Bailey's comments.
Bailey moved, Callies seconded nominating Christine Lizee to the position of Vice Chair.
Motion passed 411. (Commissioner Collins was the dissenting vote and Commissioner
Anderson abstained.)
.
Commissioner Collins did not feel there to be a point in moving forward with this
recommendation since it is his belief the Council will not agree to this appointment.
Commissioner Bailey noted his agreement.
Commissioner Callies felt seniority plays a part in the appointment of the vice chair, however, a
person's ability to run a meeting must also be taken into consideration. She stated she is
comfortable with this nomination.
4. MATTERS FROM THE FLOOR - None
5. REPORTS
Commissioner Lizee noted street signs and stop signs have been installed at Marsh Pointe.
Chair Borkon noted several neighbors have approached her regarding problems in the
neighborhood relative to cats. She inquired whether consideration should be given to
.
.
PLANNING COMMISSION MINUTES
MAY 5,1998 - PAGE 5
establishing an ordinance relative to cats. Nielsen felt it would be appropriate for any concerned
residents to bring this matter to the Council for their consideration since this would not be an
issue for the Planning Commission to address.
6. ADJOURNMENT
Collins moved, Callies seconded adjourning the meeting at 8:20 p.m. Motion passed 6/0.
RESPECTFULLY SUBMITTED,
Cheryl WaUat
Recording Secretary
TimeSaver Off-Site Secretarial, Inc.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION MAKING A COMMISSION APPOINTMENT
WHEREAS, Resolution No. 98-002 made appointments to the Planning
Commission Chair and Vice Chair positions for the year 1998; and
WHEREAS, Vice Chair Roger Champa is no longer a member of the Planning
Commission due to his appointment to the City Council; and
WHEREAS, after consideration, the Planning Commission voted to recommend
Christine Lizee as Vice Chair for the remainder of the year 1998.
NOW, THEREFORE BE IT RESOLVED that the City Council shall make
the following Planning Commission position appointment for the remainder of the year
1998:
Planning Commission:
Vice Chairperson
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 26th day of May, 1998.
TOM DAHLBERG, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
#toA
..
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:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
30 April 1998
RE:
Hume, Ron - Lot Line Rearrangement
FILE NO.:
405 (98.04)
BACKGROUND
.
Last year Mr. Ron Hume subdivided his property at 25040 Yellowstone Trail (see Site Location
map - Exhibit A, attached) into three lots as shown on Exhibit B. At that time he mentioned that
he would ultimately split off the northerly 93 feet in order to either sell it to property owners to
the west or to the owner of the golf course to the north. He now proposes to complete that
conveyance. In addition, a buyer for his previous home on Yellowstone Trail wishes to purchase
one-half of the vacant lot between Mr. Hume's former home and his new home under
construction. Mr. Hume, then, would combine the other half of the middle lot with his new
homestead lot. The net effect of all of this is to eliminate one lot. The proposed lots are shown
on Exhibit C.
The property in question is zoned R-1A, Single-Family Residential and contains approximately
206,802 square feet of area. Proposed Parcel A will contain 75,795 square feet of area and
Parcel B will contain 88,824 square feet. Parcel C, which will be legally combined with the golf
course property, contains 42,183 square feet.
ANAL YSISIRECOMMENDA TION
The applicant's proposed lot line rearrangement complies in all respects with the requirements of
the R -1 A zoning district. It should be noted that the new Parcel B will contain twice as much
area as the Zoning Code allows. It has insufficient frontage on a public street, however, to be
redivided in the future.
ft
'.J PRINTEO ON RECYCLED PAPER
IPS
.
.
Memorandum
Re: Hume Subdivision/Combination
30 April 1998
It is recommended that the applicant's request be approved, subject to the following:
1. The applicant's surveyor should prepare a legal description for a drainage and utility
easement 10 feet on each side of the new lot lines between Parcels A and B, and between
Parcels Band C.
The applicant may wish to petition the City to vacate the previous drainage and utility
easements adjacent to the old lot lines. This will require the applicant's surveyor to
provide legal descriptions for the portions of easements to be vacated. Once those are
received, the City Council can set a date for a public hearing.
2. The applicant's attorney must prepare deeds for the new drainage and utility easements
referenced in 1., above.
3.
The applicant's attorney must prepare an up-to-date (within 30 days) title opinion for
review by the City Attorney.
4. The applicant must provide for the legal combination of Parcel C with the golf course
property to the north.
5. Items 1-4, above, must be completed within 30 days, after which the request will be
reviewed by the City Council. Upon his receipt of a certified copy of the resolution
approving the division/combination the applicant must record the division with Hennepin
County within 30 days.
Cc:
Jim Hurm
Larry Brown
John Dean
Ron Hume
-2-
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RESOLUTION NO.
RESOLUTION APPROVING A COMBINATION AND RESUBDIVISION
OF REAL PROPERTY FOR RONALD HUME
.
WHEREAS, Ronald C. Hume and Carol L. Hume (Applicants) have an interest in certain
real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Applicants have applied for a combination and resubdivision of said
properties to form Parcels A, B and C, legally described in Exhibit B, attached hereto and made a
part hereof; and
WHEREAS, the combination and resubdivision requested by Applicants complies in all
respects with the Shorewood City Code; and
WHEREAS, the application was reviewed by the City Planner, and his recommendations
were duly set forth in a memorandum to the Planning Commission, dated 30 April 1998, which
memorandum is on me at City Hall; and
WHEREAS, the application and the Planner's memorandum were reviewed by the
Planning Commission at a regular meeting held on 5 May 1998, the minutes of which meeting are
on file at City Hall; and
WHEREAS, the application was considered by the City Council at a regular meeting of
the Council held on 26 May 1998, at which time the Planner's Memorandum and the
recommendations of the Planning Commission were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
That the two parcels of property legally described in Exhibit A be combined and
resubdivided to form Parcels A,B and C, legally described and shown in Exhibit B.
2. That the City Clerk furnish Applicants with a certified copy of this resolution for
recording purposes.
1.
4. That Applicants cause to be recorded this Resolution together with the drainage and
utility easements shown on Exhibit C, with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th
day of May 1998.
Tom Dahlberg, Mayor
ATIEST:
James C. Hurm. City Administrator/Clerk
to, B.
,
;
Existin~ Le~al Descriptions
.
Parcel A: That patt 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 comer 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
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 comer 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
comer 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
?
PROPOSED PROPERTY DESCRIPTIONS:
Porcel A
That port of Lot 57, Auditor's Subdivision No. 1.303, Hennepin County, Minnesota dficribed as beqinning
ot 0 point on the west line of said Lot 57 distant 497.78 feet south trom the northwest corner of said Lot
57, said west line has an assumed bearing of South 07 degrees 45 minutes East; thence North 81 degrees
035 minutes 030 seconds East 199.55 feet to the east line of said Lot 57 os monumented; thence souther1y along said
east line to the center1ine of Yellowstone Trail (f.k.a. Minneapolis and G1encoe Rood); thence southwesterly along
said center line to the souther1y extension of the west line of said Lot 57; thence norther1y along said west line
and its southerly extension to the point of beqinning. Except the southeasterly JJ feet of the above described parcel.
Together with that part of Lot 60 of said Auditor's Subdivision No. 1.3.3 lying east of Spruce HIlI. aCcording to the
recorded plot thereof. and lying southerly of the westerly extension of the north line of the obolle described percel.
Subject to 0 drainage and utility easement over the north, south, east and west 10 feet of the above described parcel.
.
Parcel e
That port of the following described property.
All of Lot 62 and that port of Lot 57, Auditor's Subdivision No. 1.3.3, Hennepin County, Minnesota described as
beginning at the northwest comer of said Lot 57; thence on an assumed bearing of South 07 degrees 4S minutes
East along the west line of said Lot 57 0 distance of 497.78 feet; thence North 81 degrees 35 minutes 30
seconds East 199.55 feet to the east line of said Lot 57 as monumented; thence northerly along said east line to
the northeast comer thereot; thence west along the north line of said Lot 57 to the point of beqinning. Together
with thot port of Lot 60 of said Auditor's Subdivision No. 1JJ lying east of Spruce Hill, according to the
recorded plot thereof, ond lying north of the westerly extension of the south line of the obo\'e described parcel.
Which lies southerly and easterly of a line described os bef]inning at a point on the east line of said Lot 57 as
monumented, said point being the northwest comer of Mott Addition. according to the recorded plat thereaf, and
marked by a Judicial Landmark set pursuant to Torrens Case No. 16~0: thence westerly and parollel with the north
line of said Lot 57 a distance of 208.73 feet to the intersection with the northerly extension of the easterly Ifne of
said Spruce Hill; thence south along said norther1y extension 38.62 feet to the northeast comer of said Spruce HilI
and said line there terminating. Subject to a drainage and utility eoSenJClflt Oller the north. south, east and west 10
feet of the obo\'e described property.
.
Parcel C
Lots 57 and 62. Auditor's Subdivision No. 13J, Hennepin Count~ Minnesota. except those parts lying southerly
and eosterly of 0 line described CIS beqinning at a point on the east line of said Lot 57 CIS monumented, said point
being the northwest comer of Matt Addition. according to the recorded plot thereof, and marlced by a .Ndicial
Landmark set pursuant to Torrens Case No. 16~O; thence westerly and parallel with the north line of said Lot 57 a
distance of 208.7J feet to the intersection with the. northerly extension of the easter1y line of Spruce Hill, occording
to the recorded plot thereot; thence southerly along said norther1y extension 38.62 feet to the northeast comer of
said Spruce Hill and said line there terminating. Subject to a drainage and utility eosement over the north, south,
east and west 10 feet of the above described property.
Exhibit B
~ ..~.
.
(insert Exhibit C -
drainage and utility easements)
.
"
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
MEMORANDUM
TO:
Planning Commission, MaYQr and City Council
.
FROM:
Brad Nielsen
DATE:
29 April 1998
RE:
Johnson, Dean - Simple Subdivision
FILE NO.:
405 (98.05)
BACKGROUND
.
Mr. Dean Johnson proposes to subdivide his property, located at 5875 Cathcart Drive
(see Site Location map - Exhibit A, attached), into two lots as shown on Exhibit B. The
property is zoned R-1A, Single-Family Residential and contains approximately 115,755
square feet of area. The property is currently occupied by Mr. Johnson's home, which is
situated on the southerly portion of the property.
As shown on Exhibit B, the northerly lot will contain 40,000 square feet of area. The
southerly lot with the applicant's home on it will contain 58,830 square feet. As part of
this subdivision proposal the applicant will dedicate road right-of-way for both Cathcart
Drive and Smithtown Road.
ANAL YSISIRECOMMENDA TION
Both of the proposed lots meet or e~ceed the size requirements of the R-1A zoning
district. Further, the location of the existing home and improvements on the southerly lot
(Parcel B) comply with R-1A setback requirements. Following are issues to be
considered as part of this subdivision proposal:
A. Right-of Way Dedication. Both Cathcart Drive and Smithtown Road are
designated in the Shorewood Comprehensive Plan as collector streets. The
~~ PRINTED ON RECYCLED PAPER
....
~D
Memorandum
Re: Johnson, Dean Subdivision Request
29 April 1998
proposed 33-foot right-of-way dedication for Smithtown Road is consistent with
the typical right-of-way for Smithtown Road. Cathcart, although somewhat of a
lesser collector street, also has a typical width of 66 feet. The applicant proposes
to dedicate only 23 feet for Cathcart Drive. There is some justification for less
right-of-way on the applicant's side of Cathcart Drive. You may recall that when
Marsh Pointe was platted to the north of Smithtown, its westerly access road did
not quite align with Cathcart Drive. It was noted at that time that eventually
Cathcart Drive should be turned slightly to the west to align with Marsh Point
Drive at a right angle to Smithtown Road. Consequently, the need for additional
right-of-way is more on the opposite side of Parcel A.
.
Subject to the City Engineer's recommendation, it is suggested that the City
require 27 feet of right-of-way adjacent to Parcel A and 30 feet of right-of-way
adjacent to Parcel B. This will provide a more gradual transition in right-of-way
alignment and still provide 120 feet of width of Parcel A.
Upon adjusting the legal descriptions for the lots, the applicant's surveyor should
provide legal descriptions of the Smithtown Road and Cathcart Drive right-of-
way dedications from which the applicant's attorney should prepare deeds in
favor of the City.
B. Drainage and Utility Easements. Exhibit B shows 10-foot drainage and utility
easements on each side of side and rear lot lines, which is consistent with the
requirements of the Shorewood Subdivision Code. The applicant's surveyor
should provide legal descriptions of these easements, from which the applicant's
attorney should prepare deeds in favor of the City.
c.
Park Dedication and Sewer Access Charges. As part of the subdivision approval
the applicant must pay $1000 in park dedication fees and $1000 in local sanitary
sewer access charges. These apply only to the newly created lot. Credit is given
to the lot with the house on it.
.
D. Tree Preservation. Most of the significant trees on the property consist of
evergreen trees that were planted by the owner. The subdivision itself results in
no tree loss. Tree preservation will, therefore, be addressed as part of a building
permit for Parcel A.
Based upon the preceding it is recommended that the simple subdivision be approved,
subject to the following:
1. The applicant's surveyor should provide revised legal descriptions for the two lots
reflecting the additional right-of':way for Cathcart Drive.
2. The applicant's surveyor should provide legal descriptions for the required
drainage and utility easements and the rights-of-way for Cathcart Drive and
Smithtown Road.
-2-
.
.
Memorandum
Re: Johnson, Dean Subdivision Request
29 April 1998
3. The applicant's attorney should prepare deeds for the aforementioned right-of-
way dedication and drainage and utility easements.
4. The applicant's attorney should prepare a title opinion for the property, subject to
review by the City Attorney.
5. Items 1-4 above should be completed within 30 days, after which a resolution can
be prepared for review by the City Council.
6. Prior to release of the resolution, the applicant must pay the required park
dedication fees and sewer charges.
7.
Once the applicant has received a certified copy of the resolution approving the
subdivision, it must be recorded within 30 days or the approval will be void.
Cc: Jim Hurm
Larry Brown
John Dean
Dean Johnson
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Exhibit B D SUBDIVISION
PROPOSE
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netJshorewood. cityhaU@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
Mayor and City Council
Brad Nielsen
21 May 1998
RE: Mary Lake Woods - Final Plat
FILE NO. 405 (97.34)
James Wyman haS submitted his final plat for Mary Lake Woods. The attached resolution
and development agreement are provided for your review. Please note the provisions of
paragraphs 27 and 32, which are intended to address past problems with tree preservation
violations in development projects.
One issue that remains unresolved is the existing Mary Lake well. As you may recall, a
court order required the City to operate and maintain the well to augment the water level of
Mary Lake until such time as a water level of 952.0 was reached. The developer has asked
the City to abandon this well, since it can not be used for domestic water supply purposes.
. The City's consulting engineers have shot elevations of Mary Lake and found its current
surface water elevation to be 953.12. The City Attorney advises us that this ends our
obligation to operate and maintain the well. Mr. Wyman will undoubtedly want to discuss
this issue with the City Council. .
If you have any questions relative to this marter, please do not hesitate to contact me prior
to Tuesday night's meeting.
cc: Jim Hurro
John Dean
Larry Brown
James Wyman
n
~J PRINTED ~N RECYCLED PAPER
~,f3,
.,
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
MARY LAKE WOODS
WHEREAS, the final plat of Mary Lake Woods has been submitted in the manner
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
1 . That the plat of Mary Lake Woods is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the Development Agreement, attached hereto and made a part hereof, on
behalf of the City Council.
3 . That this fmal plat and the Development Agreement attached hereto shall be filed
and recorded within (thirty) 30 days of the Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th
day of May, 1998.
Tom Dahlberg, Mayor
A'ITEST:
James C. Hurm, City Administrator/Clerk
..
CITY OF SHOREWOOD
DEVELOPlVIENT AGREElVIENT
MARY LAKE WOODS
.
TIDS AGREEMENT, made this day of . 1998, by
and between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter referred to as the "City", and JAMES C. WYMAN AND KATHL YN R.
WYMAN, husband and wife, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally descnbed in
Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to
as the "Subject Property"; and
WHEREAS, Developer proposes to develop the Subject Property into eight (8)
single-family residential lots and one (1) outlot; and
WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
City Planning Commission at their meeting held on 2 December 1997, and at a meeting of
the City Council on 15 December 1997; and
WHEREAS upon recommendation of the City Planning Commission, the City
Council did consider and grant preliminary plat approval as set forth in Resolution No~
97-115; and
WHEREAS, the Developer has filed with the City the Fmal Plat for "Mary Lake
Woods", a copy of which plat is attached hereto and made a part hereof as Exhibit B-1,
and B-2;
.
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of AP.vroval - The Developer shall comply with the conditions
of approval as adopted by the City Council and set forth in Resolution No. 97-115,
incorporated herein as Exhibit C. In addition, development of the property is subject to
the requirements of the R-IA, Single-Family Residential zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
(e ) Wetland buffer/Setback:
50 feet
50 feet
10 feet
50 feet
35/15 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code,
shall be two and one-half stories or 35 feet, whichever is less.
1
(03) Use of Outlot within the plat: Outlot A shall be owned and maintained by
the owner of Lot 7, Block 1. The Developer may grant pedestrian easements to
the owners of Lots 1-6 and Lot 8 for access to Mary Lake.
(04) The Developer shall comply with the requirements of Shorewood's
wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn.
Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of
this agreement that areas adjacent to wetlands be maintained in their natural state.
(a) A minimum 35-foot buffer strip shall be maintained adjacent to all
wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips.
Where disturbed by site development, wetland buffer strips shall be
restored with natural vegetation.
(c ) Wetland buffer strips shall be identified within each lot by
permanent monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland
buffer strip and as necessary to establish required setbacks from the
wetland buffer strip. Monuments shall be placed within 60 days of
completion of site grading or prior to issuance of a building permit,
whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or
Registrar of Titles, a notice of the wetland buffer requirement against the
title of each lot with a required wetland buffer strip.
(t) No structures, including, but not limited to, decks, patios, and
play equipment may be located in the wetland buffer strip or the required
wetland setback area, except that fences shall be allowed within the
wetland setback area
.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in
connection with the installation of the following improvements:
. (01)
(02)
(03)
(04)
(05)
(06)
(07)
All site grading including building pad correction where needed;
Street grading, stabilizing and bituminous surfacing;
Surmountable concrete curb and gutter,
Sanitary sewer;
Storm sewer and surface water drainage facilities;
Street name signs and traffic control signs;
Required landscaping and reforestation;
consistent with the plans and specification prepared by Schoell & Madsen, Inc., dated
1998, and received and approved by the City Engineer.
2
It is understood that underground utility lines, including gas, electric, telephone, and
television cable shall be installed by the respective private utility companies pursuant to
separate agreements with the Developer.
3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The
Developer has filed with the City Clerk the fmal plat titled Mary Lake Woods for the
development of the Subject Property. Said plat is attached hereto and made a part hereof
as Exhibit B-1 and B-2. Said final plat, together with the grading, drainage, and utility
plans, referenced in paragraph 2 above and this Development Agreement, is herewith
adopted and approved by the City. The fmal plat shall be recorded with the. Hennepin
County Recorder by 30 June 1998.
.
4.) Pre-construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at
Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and
shall include all appropriate parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the improvements
set forth in paragraph 2 above, shall equal or exceed City standards, shall be constructed
and installed in accordance with engineering plans and specifications approved by the City
Engineer and the requirements of applicable City ordinances and standards, and that all of
said work shall be subject to final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of
said improvements and all of the work performed in connection therewith shall be of
uniformly good and workmanlike quality, shall equal or exceed City standards and
specifications, and shall be subject to inspection and approval of the City. In case any
materials or labor supplied shall be rejected by the City as defective or unsuitable, then
such rejected materials shall be removed and replaced with approved materials, and
rejected labor shall be done anew to the satisfaction and approval of the City at the cost
and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of completion of
work covered by this Agreement. It is understood and agreed that the work set forth in
paragraph 2, except the fmallift of asphalt, shall be performed to be completed by 1
October 1998. The fmallift of asphalt shall be completed by 1 July 1999. Upon receipt
of written notice from the Developer of the existence of causes over which the Developer
has no control, which will delay the completion of the work, the City, at its discretion,
may extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction
of the Improvements, Developer shall cause its engineer to prepare and file with the City a
full set of "as-built" plans, including a mylar original and two (2) black line prints,
showing the installation of the Improvements within the plat Failure to file said "as-
built" plans within said sixty (60) day period shall suspend the issuance of building
pennits and certificates of occupancy for any further construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements from
abutting property owners necessary to the installation of the sanitary sewer, storm sewer,
and surface water drainage facilities within the plat, and thereafter promptly assign said
easements to the City.
.
3
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer
during construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer,
through its engineer, shall provide for all staking and surveying for the above-described
improvements and delineation of the wetland buffer areas. In order to ensure that the
completed improvements conform to the approved plans and specifications, the City will
provide for resident inspection as determined necessary by the City Engineer.
12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the
City Engineer. Said plans shall provide for temporary dams, earthwork or such other
devices and practices, including seeding of graded areas, as necessary, to prevent the
washing, flooding, sedimentation and erosion of lands and streets within and outside the
plat during all phases of construction. Developer shall keep all streets within, and
adjacent to, the plat free of all dirt and debris resulting from construction therein by the
Developer, its agents or assignees.
.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access,
including temporary grading and graveling, to all residences affected by construction until
the streets are accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy
until all Improvements set forth in paragraph 2 are completed and approved by the City
Engineer.
.
16.) Final Inspection - At the written request of the Developer, and upon
completion of the Improvements set forth in paragraph 2 above, the City Engineer, the
contractor, and the Developer's engineer will make a fmal inspection of the work. When
the City Engineer is satisfied that all work is completed in accordance with the approved
plans and specifications,. and the Developer's engineer has submitted a written statement
attesting to same, the City Engineer shall recommend that the improvements be accepted
by the City.
17.) Conveyance of Improvements - Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth in paragraph 2
above, the Developer shall convey said improvements to the City free of all liens and
encumbrances and with warranty of title, which shall include copies of all lien waivers.
Should the Developer fail to so convey said improvements, the same shall become the
property of the City without further notice or action on the part of either party hereto,
other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder
by the Developer, its agents and subcontractors, found by the City to be defective within
one year after acceptance by the City, shall be replaced by Developer at Developer's sole
expense. Within a period of thirty (30) days prior to the expiration of the said one-year
period, Developer shall perform a televised inspection of all sanitary sewer lines within
the plat and provide the City with a VHS videotape thereof.
4
.
19.) Restoration of Streets. Public Facilities and Private Prqperties - The
Developer shall restore all City streets and other public facilities and any private properties
disturbed or damaged as a result of Developer's construction activities, including sod with
necessary black dirt, bituminous replacement, curb replacement, and all other items
disturbed during construction.
20.) Reimbursement of Co~ts - The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative expenses
incurred by the City in connection with all matters relating to the administration and
enforcement of the within Agreement and the performance thereof by the Developer~
Such reimbursement of costs shall be made within thirty (30) days of the date of mailing
of the City's notice of costs to the address set forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and special conditions of
this Agreement, for which reimbursement is expected from the City, unless such work is
first ordered in writing by the City Engineer as provided in the specifications. Any such
work or materials which may be done or furnished by the contractor without such written
order first being obtained shall be at its own risk, cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed
and furnished by the Developer as set forth in paragraph 2 above, shall be constructed,
installed and furnished according to the terms of this Agreement, and to ensure that the
Developer submit to the City as-built plans as required in paragraph 8 and that the
Developer pay all claims for work done and materials and supplies furnished for the
performance of this Agreement, the Developer agrees to furnish to the City either a cash
deposit or an irrevocable letter of credit approved by the City in an amount equal to 150%
of the total cost of said Improvements estimated by the Developer's engineer and
approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a
period of one year following the completion of the required improvements. The depoSIt
or letter of credit may be reduced in amount at the discretion of the City upon approval by
the City of the partially completed Improvements, but in no event shall the deposit or letter
of credit be reduced to an amount less than 125% of the cost of the remaining
Improvements. At such time as the Improvements have been approved by the City, such
deposit or letter of credit may be replaced by a maintenance bond.
23.) Insurance - The Developer shall take out and maintain during the life of
this agreement public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of the Developer's
work or the work of their subcontractors, or by one directly or indirectly employed by
any of them. This insurance policy shall be a single limit public liability insurance policy
in the amount of $1,000,000.00. The City shall be named as additional insured on said
policy and the Developer shall fIle a copy of the insurance coverage with the City.
.a
Prior to commencement of construction of the Improvements described in
paragraph 2 above, the Developer shall me with the City a certificate of such insurance as
will protect the Developer, his contractors and subcontractors from claims arising under
the workers' compensation laws of the State of Minnesota.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with
all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the
Subject Property and shall secure all permits that may be required by the City of
5
Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts. and the
Metropolitan Waste Control Commission before commencing development of the plat.
25.) Local SanitaI)' Sewer Access Char~es (LSSAC) - Developer shall, prior to
release of the fmal plat by the City, make a cash payment to the City in the sum of $7000
($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot
7, Block 1.
26.) Park Fund Payment - Developer shall, prior to release of the fmal plat by
the City, make a cash payment to the City in the sum of $7000 ($1000 for each lot) for the
Park Fund. Credit has been given for Lot 7, Block 1.
27.) Tree Preservation Measures - The City has adopted a Tree Preservation
Policy ("Policy") which has been incorporated into the City Code. In addition to the
Policy, the Developer has prepared and the City has reviewed a detailed tree preservation
plan prepared by , dated
, 1998 ("Plan").
.
The Developer agrees that the tree preservation measures provided for in the Policy and in
the Plan are the responsibility of the Developer, and that the Developer shall also be
responsible for any acts of its subcontractors or agents which are in violation of either the
Policy or the Plan.
As partial security for its obligation under this paragraph 27, the Developer agrees that
prior to the issuance of each building permit, it will provide for two thousand dollars
($2000) in cash or letter of credit per lot to be deposited with the City as security for such
obligation.
.
28.) Notices - All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by certified mail,. return
receipt requested, postage prepaid, with proper address as indicated below. The City and
the Developer by written notice given by one to the other, may designate any address or
addresses to which notices, certificates or other communications to them shall be sent
when required as contemplated by this Agreement. Unless othexwise provided by the
respective parties, all notices, certificates and communications to each of them shall be
addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
Shorewood City Attorney
c/o Kennedy & Graven, Chartered
470 Pillsbury Center 200 So. Sixth Street
Minrieapolis, MN 55402
James and Kathlyn Wyman
24020 Yellowstone Trail
Shorewood, MN 55331
With a Copy to:
To the Developer:
6
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a
legal right to become fee owner of the Subject Property upon exercise of certain rights and
to enter upon the same for the purpose of developing the property. Developer agrees that
in the event Developer's ownership in the property should change in any fashion, except
for the normal process of marketing lots, prior to the completion of the project and the
fulfillment of the requirements of this Agreement, Developer shall forthwith notify the
City of such change in ownership. Developer further agrees that all dedicated streets and
utility easements provided to City shall be free and clear of all liens and encumbrances.
.
30.) Indemnification - The Developer shall hold the City harmless from and
indemnify the City against-any and all liability, damage, loss, and expenses, including but
not limited to reasonable attorneys' fees, arising from or out of the Developer's
performance and observance of any obligations, agreements, or covenants under this
Agreement. It is further understood and agreed that the City, the City Council, and the
agents and employees of the City shall not be personally liable or responsible in any
manner to the Developer, the Developer's contractors or subcontractors, materialmen,
laborers, or any other person, firm or corporation whomsoever, for any debt, claim,
demand, damages, actions or causes of action of any kind or character arising out of or by
reason of the execution of this Agreement or the performance and completion of the work
and Improvements hereunder.
.
31.) Declaration of Covenants. Conditions and Restrictions - Developer shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions, which
Declaration shall include the City as a signatory thereto, for review and approval by the
City prior to recording.
32.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance
of any of the covenants and agreements herein contained and such default shall not
have been cured within thirty (30) days after receipt by the Developer of written
notice thereof, the City may cause any of the improvements described in
paragraph 2 above to be constructed and installed or may take action to cure such
other default and may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expense incurred by the City to be recovered
as a special assessment under Minnesota Statutes Chapter 429, in which case the
Developer agrees to pay the entire amount of such assessment within thirty (30)
days after its adoption. Developer further agrees that in the event of its failure to
pay in full any such special assessment within the time prescribed herein, the City
shall have a specific lien on all of Developer's real property within the Subject
Property for any amount so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of mechanic's liens under the
laws of the State of Minnesota. In the event of an emergency, as determined by
the City Engineer, the notice requirements to the Developer prescribed by
Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety,
and the Developer shall reimburse the City for any expense incurred by the City in
remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, the City may also
institute legal action against the Developer or utilize any cash deposit made or letter
of credit delivered hereunder, to collect, pay, or reimburse the City for:
7
(a) The cost of completing the construction of the improvements
described in paragraph 2 above.
(b) The cost of curing any other default by the Developer in the
performance of any of the covenants and agreements contained
herein.
(c) The cost of reasonable engineering, legal and administrative
expenses incurred by the City in enforcing and administering this
Agreement.
(03) Additional Remedies. Notwithstanding any other remedy available to the
City under this Agreement, the City may elect to proceed under this paragraph to
remedy a violation of Developer's obligations under paragraph 27 hereof.
.
(c)
.
(a)
Upon discovery of an appm:ent violation of the Plan or Policy, the
City will notify the Developer in writing of the violation. The
notice will contain a description of the circumstances constituting
the violation, the provision of the Policy or Plan which is
apparently violated, the steps which must be taken to correct the
violation and the date by which the compliance must occur.
If compliance has not occurred within such time, or if the
violation, by virtue of its repeated nature, seriousness or other
factors are such that a penalty may be appropriate, the matter will
be scheduled for ,a hearing by the City Council at a meeting not
sooner than ten (10) days following the date on which written
notice is mailed to the Developer.
Following the hearing, the Council shall render its decision in
writing. If the Council determines that the Plan or Policy has been
violated, (whether or not the violation has been corrected) it may
take some or all of the following actions:
(b)
(i) impose a monetary penalty of not more than $1000 for each
violation.
(ii) order that the Developer stop work on all construction for
which building permits have been issued; and withhold the
issuance of additional building permits until it has received
assurances satisfactory to the City that no future violations of the
Plan or Policy are likely to occur.
(iii) take any other actions or enforce any other remedies available
to it under this Agreement, the Policy or the City Code.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this
Agreement, or to prevent use or occupancy of the proposed dwellings.
33.) Headings - Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this Agreement, and
shall not influence its construction.
8
34.) Severability - In the event any provisions of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
35.) Execution ofCounteq>arts - This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and all of which shall
constitute but one and the same instrument.
36.) Construction - This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
37.) Successors and Assigns - It is agreed by and between the parties hereto
that the Agreement herein contained shall be binding upon and inure to the benefit of their
respective legal representatives, successors, and assigns.
.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
.
9
DEVELOPER
CITY OF SHOREWOOD
James C. Wyman
By:
Its: Mayor
A TIEST:
Kathlyn R. Wyman
City Administrator/Clerk
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
.
On this day of . 1998, before me, a Notary Public
within and for said County, personally appeared Tom Dahlberg and James C. Hurm to
me personally known, who, being each by me duly sworn, did say that they are
respectively the Mayor and City Administrator/Clerk of the municipal corporation named
in the foregoing instrument, and that said instrument was signed and sealed on behalf of
said corporation by authority of its City Council, and said Mayor and City
Administrator/Clerk acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
.
On this day of . 1998, before me, within and for said.
County, personally appeared James C. Wyman and Kathlyn R. Wyman, the Developer.
described in and who executed the foregoing instrument and acknowledged that it
executed the same as its free act and deed.
Notary Public
THIS INSTRUMENT WAS DRAFfEn BY:
Shorewood Planning Department
EDITED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center 200 So. Sixth Street
Minneapolis, MN 55402
(JBD)
10
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Existing Legal Description
Lot 78, and also that port of Lot 79 lying North of 0 line running across said Lot 79 and
at right angles to the East line of said Lot 79 from 0 point on the said East line 430 feet
North along the said East line from the Southeast corner of said Lot 79, also that port of .
the West 150 feet of Lot 79 lying between 0 line running across said Lot 79 and at right
angles to the East line of said Lot 79 from 0 point on said East line 430 feet North along
the said East line from the Southeast corner of said Lot 79 and 0 line running across
said Lot 79 and at right angles to the West line of said Lot 79 from 0 point on said West
line 242 feet North along the said West line from the Southwest' corner of said Lot 79,
011 in Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County,
Minnesota.
and
That port of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying
easterly of 0 line drown from 0 point on the northerly line of Glenco Road (now
Yellowstone" Trail) distant 190 feet southwesterly from the intersection of the northerly
line of said Glenco Rood with the east line of said Lot 31 to a point on the northerly line
of said Lot 31 distant 351.8 feet southwesterly from the northeast corner thereof, and
northerly of the foJ/owing described line:
Commencing at the intersection of the east line of said Lot 31 with the northerly right of
way line of Yellowstone Trail; thence northerly a distance of 237.57 feet, along said east
line, to the beginning of the line to be described; thence deflect to the left 105 degrees
51 minutes 04 seconds to the westerly line of said Lot 31, and there terminating.
and
All of Lot 3D, Auditor's Subdivision lit 33.
Records of Hennepin County, Minnesota.
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FILE COpy
CITY OF SHOREWOOD
RESOLUTION NO. 97-115
A RESOLUTION GRANTING PRELIlVIINARY PLAT APPROVAL FOR
lVIARY LAKE WOODS
.
WHEREAS James Wyman (Applicant) has an interest in certain land within the City of
Shorewood and has applied to the Council for preliminary plat approval of a plat to be known as
Mary Lake Woods; and
WHEREAS, the Applicant's request has been reviewed by the City .Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Conunission, dated
25 November 1997, which Memorandum is on file at City HaIl; and
WHEREAS, the Applicant's request has been reviewed by the City's consulting engineer
and his recommendations have been duly set forth in a letter to the City Engineer, dated 25
November 1997, which letter is on me at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Conunission on 2
December, for which notice was duly published and all adjacent property owners duly notified..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Applicant's request for preliminary plat approval of Mary Lake Woods is
hereby approved.
2. That such approval is subject to the recommendations set forth in the City Planner's
Memorandum, dated 25 November 1997, the recommendations set forth in the consulting
engineer's letter, dated November 1997, and the tenns and conditions contained in the minutes of
the Planning Commission meeting of 2 April on file at City Hall.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day
of December 1997.
c1Z-D.L17
Tom Dahlberg, Mayor
ATTEST:
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James C. Hurm, City Administrator/Clerk
Exhibit C
May 19, 1998
- ~.
ij. ~(G. ~.- ~ \Yl ~ ~I
~ MAY 191998 tYl
,By I
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
T would like to be placed on the agenda of the May 26th City Council meeting to
request that a charge for Spring Clean-Up be removed from my quarterly bill as the City
has been unwilling or unable to provide this service. Thank you.
Sincerely,
. Pamela J. Honzl
6065 Glencoe Road
Shorewood, MN 55331
474-7154
.
#7
To:
Mayor and City Council
James Hurm, City Administrator
Larry Brown, Director of Public Works /l1Jb..)
(<I;
May 22, 1998
From:
Date:
Re:
Authorization for Advertisement for Bids for Bituminous Seal Coating for
Streets
.
This items is consideration to place an Advertisement for Bids for the Bituminous Seal
Coating of streets within the Cities of Excelsior, Shorewood and Tonka Bay. By joining
projects with the Cities of Excelsior, Shorewood and Tonka Bay, the bid price should be
lower as a matter of economy of scale.
Staff is recommending that the following streets within Shorewood be sealcoated this
summer.
.
Chaska Road
Chaska Easement
Murray Street
Murray Court
Deer Ridge
Stratford Place
Apple Road
Bracketts Road
Hillendale Road
Lilac Lane
Christmas Lake Road
Christmas Lake Lane
Radisson Road
Radisson Entrance
Radisson Inn Road
Merry Lane
Covington Road
Brom's Boulevard
As part of the Capital Improvement Program, funds are set aside each year for sealcoating.
Once bids have been accepted and approved by the City Council, staff will mail notices out
to the residents along these streets. In addition, temporary no parking signs will be posted
the day before the sealcoating begins.
If acceptable, a motion to authorize placement of an Advertisement for Bids for the Project
of Bituminous Sealcoating of streets with the Cities of Excelsior, Shorewood and Tonka
Bay would be in order.
dt/o
ADVERTISEMENT FOR BIDS
Bituminous Seal Coating of Streets
For the Cities of
Excelsior, Shorewood, Tonka Bay, Minnesota
NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in
the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country
Club Road, Shorewood, Minnesota 55331, until 1:30 p.m. on the 17th day of June, 1998 and will be
publicly opened at said time and place by two or more designated officers or agents of the City of
Shorewood. Said proposal to be for the furnishing of all labor and materials for the construction
complete in place of the following;
34,962 Gallons of Bituminous Seal Coat Material
1,668 Tons of Cover Aggregate
.
Proposals arriving after the designated time will be returned unopened.
The bids must be submitted on the proposal form provided in accordance with the contract
documents, plans and specifications as prepared by the City of Shorewood, Department of Public
Works, 24200 Smithtown Road, Shorewood, Minnesota 55331, which are on file with the City Clerk
of the City of Shorewood.
Copies of Proposal Form Specifications for use by contractors submitting a bid may be obtained
from City Hall, City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 5533.1, upon a
.deposit (non-refundable) ofTen Dollars and No Cents ($10.00) per set.
No bids will be considered unless. sealed and endorsed upon the outside wrapper , "BID FOR
BITUMINOUS SEALCOATING" and filed with the City Clerk of the City of Shorewood and
accompanied by a cashier's check, bid bond or certified check, payable to the City of Shorewood for .
five percent (5.0%) of the amount bid to be forfeited as liquidated damages in the event the bid is
accepted and the bidder should fail to enter promptly into a written contract and furnish the required
bonds.
The Cities of Excelsior, Shorewood and Tonka Bay reserve the right to reject any and all bids. No
bids may be withdrawn for a period of thirty (30) days from the date of opening the bids.
Date: May 26, 1998
BY: ORDER OF THE CITY COUNCIL
/S/ James C. Hurm
PUBLISHED IN:
The "Construction Bulletin"
The "Sun -Sailor"
June 5 and June 12, 1998
June 3 and June 10, 1998
Sealcoat Project '98
AFB
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
James Hurm, City Administrator
Larry Brown, Director ofPub6c Works ~
May 21, 1998
FROM:
.
DATE:
RE: Consideration of a Motion to Authorize the Mayor and City Administrator to
Enter into a Contract with Visu-Sewer-Clean and Seal, Inc.
The City of Shorewood is a past recipient of a grant to develop a study of the sanitary sewer
system to identify locations and solutions of inflow and infiltration (III) into the system;
As part of this study, WSB and Associates, Inc. and city staff, reviewed the sanitary sewer
system, lift station pumping records, and inspection reports of manholes for key indicators of
III. In addition, quotes have been sought from contractors to televise 30,000 linear feet of
sanitary sewer to aid in this process to determine problem areas within the system.
.
Attachment 1 are the quotes received for this televising project. Visu-Sewer Clean and Seal,
Inc. was the low base bid of $8,400. As part of add alternate of this proposal, additional
televising of sewer service lines that are identified as a potential problem areas at the time of
televising, will also be inspected. Therefore, the total contract amount will exceed the $8,400
provided in the base bid.
Therefore, staff is recommending approval of a motion to authorize the Mayor and City
Administer to enter into a contract with Visu-Sewer-Clean and Seal, Inc. for the televising of
sanitary sewer lines for an amount not to exceed $10,000.
ft
\..1 PRINTED ON RECYCLED PAPER
#//
, ,
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
B.A. Mittelsteadt, P,E.
Bret A. Weiss, P,E.
Peter R. Willenbring, P,E.
Donald W, Sterna, P,E.
Ronald B, Bray, P,E.
&Associates, Inc.
612-541-4800
FAX 541-1700
May 8, 1998
Mr. Larry Brown, P.E.
City Engineer
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
II~ ~ CC; ~ D \VI ~ fRli
I~ MAv 111998 M!
I!3Y= I
Re:
Sewer Inspection Quotations
Shorewood III Study
City of Shorewood, Minnesota
WSB Project No. 2010.00
.
Dear Larry:
Enclosed are copies of the quotations received for the above referenced work. All four of the solicited
companies responded by submitting quotations. The results are as follows
1. Visu-Sewer Clean and Seal, Inc. $8,400
2. Buchen Environmental Services, Inc. $8,700
3. Infrastructure Technologies, Inc. $10,050
4. Pipe Services Corporation
$14,700
. We recommend awarding the work to the low bidder, Visu-Sewer Clean and Seal, Inc. Their Add-
Alternate prices for additional cleaning and service line televising were $0.45 per foot and $170.00 each
respectively.
With your approval, we will move forward with beginning the televising work. If you have any
questions or comments, please do not hesitate to call me at 541-4800.
Sincerely,
WSB & Associates, Inc.
jlAt-i.+t
John R. Bradford, P.E.
Project Engineer
jb/lv
ATrAe.. H MEN T
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
F:\ WPWIN\20 1 O.OO\OS0898Ib.doc
.
.
05'08/98 FRI 08:29 FAX 612 920 7054
VISU-SEWER
[4J 002
QUOTATION FORM
Sanitary Sewer InspectioD
Shorewood, MN
WSB Project No. 2010.00
The undersigned understands tbatthe quantities mentioned herein are approximate only, and are subject
to increase or decrease, and hereby proposes to perform all quantities of work as either increased. or
decreased, at the unit prices bid in the follo'Wing proposal schedule.
The Bidder 3il'ees to perform all work and deliver all tapes and reports to the City on or before July .
7, 1998 for the following unit prices.
ltem Description
Quantity Uuit Unit Price Extended
Price
30,000 Lin Ft $ O.1-~ $ 8;%o~
.
Total Bid S g: 'I()O~
1 Televise Sewer Lines
Add Alternates
2
3
Clean Sewer Lines
Televise Service Lines
1,000
-:l..
200
Lin Ft
U
~
$ O.7"S
S /?o-..
$ ~.52J~
$ :3 0/'0 ~
Official Address
Finn Name Visf.t-Sewe..r C.le.~", f >e..tl L4:0.
39 tt'e' 4-r,-"'",,_. ""IYS
ST. c..If,'.!. ~"If. A'/A.I '>-$ V:z. C
By ~ "9~~
Titlc
G<:A/tt:.r. (
/'J?_"""".,c!:.'"
,./
Date: . 5"" - S - <f I'
By
. 1998 Title
Return by 10:00 AM, May 8, 1998 to:
Iohn R Bradford, P .E.
WSB & Associates, .Inc.
350 Westwood Lake Office
8441 Wayzata Boule1l'ud
Minneapolis, MN 55426
Fax: 541-1700
f':\WJ'WTIII\3.,........c.IIIp4
TI1TAI P.j;l~
MAY-01-1998 13:49
WSB & ASSOCIATES INC.
6125411700 P.03/03
"
QUOTATION FORM
Sauitary Sewer Inspection
Shorewood, MN
WSB Project No. 2010.00
MAY 6 1998
The undersigned understands that the quantities mentioned herein are approximate only, and are subject
to increase or decrease, and hereby proposes to perform all quantities of work as either increased or
decreased, at the unit prices bid in the following proposal schedule.
The Bidder aiI'ees to perform all work and deliver all tapes and reports to the City on or before JltIy ~ 'C!J
'1, 1998 for the following unit prices.
Item Description Quantity Unit Unit Price Extended
Price
1 Televise Sewer Lines 30,000 Lin Ft $ tf),.t7l9 $ %'?c:tJ.OO
. Total Bid S ~7Od.OO
Add Alternates
2 Clean Sewer Lines ~y:. 1,000 Lin Ft $ , 5"0 s 5(J:J :00
3 Televise Service Lines 200 Lin Ft $ /,Sl) $ 30<:) ~c:t)
Official Address
j',J2ClCJ #Jf/PEjC ~~c
CJ~~. ,////U.
. SS3$
FirmName BU~4 .G;t(I/l..tJ/Y/?7.GcJ7.ii9t:,...
..s:6/1!2J//C#"S. / ---A.e:...
..J
BY~~~
." "-",,,c ~ r:; t:!5'A!!oVt
Title tr/c::;e PIZ~"'~I!!?^-./-r-
Date:
6/~/9r
, . r
By
. 1998 Title
Return by 10:00 AM, May 8, 1998 to:
John R Bradford, P.E.
WSB & Associates, Inc.
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
Fax: 541-1700
"* tu It..l.. rfrtve.. tV~~ COn? /h:.e n;.a
151 '7/30/9'8':
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TOTAL P.03
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MAY-01-1998 14:04
WSB & ASSOCIATES INC,
6125411700 P,03/03
QUOTATION FORM
Sanitary Sewer Inspection
Sborewood, MN
WSB Project No. 2010.00
, \ Y 7 1998
The undersigned understands that the quantities mentioned herein are approximate only, and are subject
to increase or decrease, and hereby proposes to perfonn all quantities of work as either increased or
decreased, at the unit prices bid in the following proposal schedule.
The Bidder agrees to perform all work and deliver all tapes and reports to the City on or before July
7, 1998 for the following unit prices,
Item Description Quantity Unit Unit Price Enended
Price
1 Televise Sewer Lines 30,000 Lin Ft $0.335 $10.050.00
Total Bid 510,050.00
. Add Alternates
2 Clean Sewer Lines 1,000 tin Ft $ 0.70 $ 700.00
3 Televise Service Lines 200 Lin Ft $ 1 7r:; $ 350 nn
Official Address
6248 Lakeland Ave. N. #100
Finn Name Infrastructure Technologies, Inc.
Brooklyn Park, MN 55428
BY~.
R' ert M. Thul
Title President
.
By
Date: Mav 5,
, 1998 Title
Return by 10:00 AM, May 8, 1998 to:
John R Bradford, P ,E.
WSB & Associates, Inc.
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
Fax.: 541-1700
F:\WPWINUOIO.OO\bickolic.wpd
TOTAL P, 1213
"'>'
QUOTATION FORM
Sanitary Sewer Inspection
Shorewood, MN
WSB Project No. 2010.00
MAY 6 1998
The undersigned understands that the quantities mentioned herein are approximate only, and are subject
to increase or decrease, and hereby proposes to perform all quantities of work as either increased or
decreased, at the unit prices bid in the following proposal schedule.
The Bidder agrees to perfonn all work and deliver all tapes and reports to the City on or before July
7, 1998 for the following unit prices.
Official Address
Firm Name Pipe Services Corporation
. 15880 Lundstead Road
Carver, MN 55315
ay4{4r~-~--
Title Andy Martin, President
.
phone (612) 448-7884
By
Date: Ma y '4, 1998
-' 1998 Title
Return by 10:00 AM, May 8,1998 to:
John R Bradford, P.E.
WSB & Associates, Inc.
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
Fax: 541-1700
,:\\VPWJN\%OIO.OO\\id.so/lc.1Vpd
TOTAL P.03
.
.
.
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF
ORDINANCES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows:
201.02: COMPOSITION: The Planning shall consist of five members
appointed by the City Council. It shall be the policy of the City to endeavor to
appoint one of the Commission members who is a resident of Enchanted Island or
Shady Island.
Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending
Subdivision 1 thereof to read as follows:
Subd. 1. Term of Appointment. All existin~ terms of appointment will terminate
effective June 12. 1998. Not later than that date. the Council shall appoint the five
members of the Plannin~ Commission whose terms shall commence June 13.
1998. The initial appointment shall be for sta~~ered terms: one until December 31.
1998: two until December 31. 1999: and two until December 31. 2000. Thereafter.
except for appointments to fill vacancies in unexpired terms. all appointments shall
be for three years terms. All awointments shall be made by resolution and the
resolution makin~ the initial appointments will specify the term of each appointee.
The City Council shaH by FesohitiOfl appoint the PlaF~.;tng CO~ssi.?fle~s to. se~~ce
thr~ ~~) J:~ ~:~s. The terms shaY be staggered as prOVided ffif--m -the Gity
Council Resol1:ltiofl 96 107. Except for the initial appointment, the terms of
appointments commence on January 1 and terminate on December 31, or until
vacancy is filled.
Section 3. This Ordinance shall be in full force and effect from and enter its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 26th day of May, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.#=- J~ A
.
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF
ORDINANCES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows:
201.02: COMPOSITION: The Planning shall consist of five members appointed
by the City Council. It shall be the policy of the City to endeavor to appoint one of the
Commission members who is a resident of Enchanted Island or Shady Island.
Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending
Subdivision 1 thereof to read as follows:
Subd. 1. Term of Appointment. All existin~ terms of appointment will terminate
effective December 31. 1998. Not later than that date. the Council shall appoint the
five members of the Plannin~ Commission whose terms shall commence January 1.
1999. The initial appointment shall be for sta~~ered terms: one for one year: two for
two years: and three years. Thereafter. except for appointments to fill vacancies in
unexpired terms. all appointments shall be for three years terms. All appointments
shall be made by resolution and the resolution makin~ the initial appointments will
specify the term of each appointee. 'The City Council shaM by resolution appoint the
Plamliflg Commissioners to service three (3) year terms. 'The terms shall be staggered
as pro'/ided for in the City COUflCil Resolution 96 107. The terms of appointments
commence on January 1 and terminate on December 31, or until vacancy is filled
Section 3. This Ordinance shall be in full force and effect from and enter its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 26th day of May, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
#= /'s)'-f3
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION PROVIDING FOR APPOINTMENTS TO
THE AD HOC LAND CONSERVATION COMMITTEE
WHEREAS, Resolution #98-025 establishes an Ad Hoc Land Conservation
Committee; and
WHEREAS, said resolution appoints Dean Riesen as Chair of the Ad Hoc
Committee; and
WHEREAS, said resolution calls for two additional residents to be members; and
WHEREAS, Resolution #98-045 appointed Frank Svoboda to the Ad Hoc
Committee;
.
WHEREAS, Dean Riesen has recommended Frederic Bruno be appointed as the
third member of the Committee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that Frederic Bruno is hereby appointed to the Ad Hoc Committee on Land
Conservation established in Resolution #98-025.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD this 26th day of May, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
. JAMES C. HURM, CITY ADMINISTRATOR
#13
~
.
CKNO
23006
23007
23008
23009
23010
23011
23012
23013
23014
23015
23016
23017
23018
23019
23020
23021
23022
23023
23024
23025
23026
23027
23028
23029
23030
23031
23032
23033
23034
23035
23036
23037
23038
23039
23040
23041
23042
23043
23044
23045
23046
.
CHECK APPROVAL LISTING FOR MAY 26, 1998 COUNCIL MEETING
CHECKS ISSUED SINCE MAY 13, 1998
TO WHOM ISSUED PURF03E
PERA PERl\
ICMA RETIREMENT TRUST 457 DEFERREDOOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
AFSCME COUNCIL 14 MAY UNION DUES
MN DEPT OF REVENUE STATE TAX WITHHELD
BROWNING FERRIS IND. TB L1Q MAY RECYCLING
KATHLEEN HEBERT MILEAGE/SEC 125 REIMB
METRO COUNCIL ENVIRONMENT APRIL SAC
JOSEPH PAZANDAK MILEAGE
PEPSI COLA COMPANY POP PURCHASElMISC PURCHASE
PETTY CASH REIMBlSPRING CLEAN UP
US WEST COMMUNICATIONS
MIDWEST COCA-COLA MISC PURCHASE
DAHLH8MER DISTRIBUTION. INC. SEER PURCHASE
DAY DISTRIBUTING BEERtMISC PURCHASE
JORDAN BEVERAGE, INC. BEER PURCHASE
MARK VII BEERtMISC PURCHASE
MARLlN'S TRUCKING FREIGHT
NORTH STAR ICE MISC PURCHASE
QUALITY WINE & SPIRITS UQUORIWINE PURCHASE
THORPE DISTRIBUTING BEERtMISC PURCHASE
RONALDIDEE JOHNSON PYMT OF $63,000 JUDGMENT
D'VINCI'S SPRING CLEAN UP LUNCH
CAM TEMPLETON FLYER DELlVERYIMILEAGE
ANCHOR PAPER PAPER
JAMES HURM MILEAGEi'EXPENSES
NORTHERN STATES POWER UTILITIES
ALAN ROLEK SEC 125 REIMB
CHICAGO TITLE INS. CO. REFUND ASSMT 32-23-04
BELLBOY CORP. LIQUOR PURCHASE
BELLBOY BAR SUPPLY SUPPLIESlMISC PURCHASE
DAHLHEIMER DISTRIBUTING BEER PURCHASE
GRIGGS, COOPER & CO. L1QUORIWINElMISC PURCHASE
JOHNSON BROS. LIQUOR CO. L1QUORIWINE/BEER PURCHASE
LAKE REGION VENDING MISC PURCHASE
LEEF BROS. MATS
PHILLIPS WINE & SPIRITS L1QUORIWINE PURCHASE
QUALITY WINE & SPIRITS L1QUORIWINE PURCHASE
THE WINE COMPANY WINE PURCHASE
WINE MERCHANTS WINE PURCHASE
TOTAL CHECKS ISSUED
Page 1
AMOUNT
$2,819.44
1,203.07
1,025.77
156.50
139.80
1,285.87
33.66
259.90
1,980.00
65.59
247.23
344.89
218.16
784.34
926.35
10,040.05
18.80
3,654.86
372.00
315.00
3,851.93
9,452.30
116,480.96
35.00
32.38
232.78
36.08
6,174.06
100.00
4,853.37
4,239.90
520.67
694.25
16,591.06
12,321.49
1,655.80
26.20
1,048.20
1,356.24
736.55
77.00
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C.I'!"V OF Sf'~()f~EWOOi)
C~~.ifCK APPR()V~~L. L..IS'l' FOR
MA'Y 26.t 1998 COUNCIL M'I'(~
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TOTAL CHECK APPROVAL LIST
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Page 4
C H E C '" R E G 1 ,.. T E R
I. .;::.
CHEC}<, CHECK ElyjPLOYEE t'lAtY1E CI1ECK CHECK
TYPE DATE NUt'lBEF.: NUMBER Ai10UN T
CeHyj 5 .12 98 .1.15 U1\..IF-~ENCE H. BROi"iN 2.12944 .152.1.75
COiyj 5 .1':~ 98 .15() HEATHER A. BLECHTr~ 2.12945 .19.40
~
cem 5 .12 98 .1l0 RYAN C. BLECHTA 2.12946 .1.13. :i' 6
COl1 .5 .12 98 325 ANGELA M. COLE 2.1294l 309.6.1
CUiyj S .12 q~" 500 CHARLES S. DAVIS 2.12948 /89.83
.0
CUiyl 5 .12 98 ll5 JAt'lES C. EAKINS 2.12949 740.95
CUiyj 5 .12 98 .1.160 TINILA R. GROUT 2.12950 53.1.04
COt'l 5 .12 98 .1.190 KATHLEEN A. HEBERT 2.1295.1 582.28
CUi1 5 .12 98 .1400 PATRICIA R. HELGESEN 2.12952 523.60
COM ,5 .12 98 .14.10 Pr~t'lE Lr~ J. HELLING 2.12953 535.46
COt'l 5 .12 98 .1430 KELLY M. HENTGES 2.12954 229.88
COt'l 5 .12 98 .1550 JAt'jES C. HURM 2.12955 .1/2.1.90
COM 5 .12 98 .15"75 TROY M. IVES 2.12956 .126.06
COt'l .5 12 98 .160.1 BRIAN D. JAKEL 2.1295l 54.95
COl1 5 .12 98 .1675 UROS JELICIC 2.129.58 96.97
CUiyj 5 .12 98 .1700 JEffREY A. JENSEN 2.12959 934.9.1
. COt'l 5 .12 98 .1800 DENNIS D. JOHNSON 2.12960 896.32
COt'l 5 .12 98 2.100 \AJILLIAM f. JOSEPHSON 21296.1 629.75
COl1 5 .12 98 2495 t'lOLL Y D. LATTERNER 2.12962 70.07
COM 5 .12 98 2500 SUSAN M. LAT TERNEF-; 2.12963 664.75
COM 5 .12 98 2550 PETER w. LENZEN 2.12964 91.9.1
COM 5 .12 98 2800 JOSEPH P. LUGOI,"iSKI 212965 817.48
COM .5 .12 98 2805 JASON R. LUND 2.12966 263.99
COM 5 .12 98 2900 RUSSELL R. MARRON 2.1296 '1 35.25
COM 5 .12 98 3000 THERESA L. NAAB 212968 610.12
COt'l 5 12 98 3100 LAI"iRENCE A. NICCUM 2.12969 1151.34
CUiyl 5 .12 98 3400 BRADLEY J. NIELSEN 212970 904.90
COt'l 5 .12 98 3500 JOSEPH E. PAZANDAK 212971 11.16.77
COM .5 .12 98 3580 CHRISTOPHER J. POUNDER 2.129 '12 865.16
COt'l 5 12 98 3600 DANIEL J. RANDALL 2.12973 911.34
COt'l 5 .12 98 370.1 BRIAN M. ROERICK 2.12974 67.16
COt'l 5 .12 98 '3800 ALAN J. ROLEK 2.129 '15 1150.63
. COt'l 5 .12 98 3815 MICHAEL J. RUffENACH 2.129l6 244.40
COM 5 12 98 3850 TANYA M. SCHIERMAN 2.129ll 216. )'2
COM 5 12 98 3900 CHRlSTOPHER E. SCHMID 212978 462 . O':.~
CUi1 5 12 98 4050 BERNARD J. SCHNURR 2129"19 141.23
COM 5 12 98 4.1"15 ANDREW R. SMITH 212980 155.63
COM 5 12 98 4200 BRENDA L. LUKE 2.1298.1 .108.75
CUi"! 5 .12 98 45"15 REBECCA A. TARVIN 2.12982 106..12
COMPUTER CHECKS 205.14.23
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 20514.23
Page 5