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052698 CC Reg AgPL SCAN14+EJ 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) :' i F 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) ► e ► 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. T 'P 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. c 1 CITY OF SHOREWOOD COUNCIL CHAMBERS CITY COUNCIL WORK SESSION MEETING 5755 COUNTRY CLUB ROAD MONDAY, MAY 4 1998 7:00 P.M. MINUTES 0% Tft 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. �' 2l4 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. • • (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. LU3 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. LU8 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 • • J! 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: * 0 rA 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. "'iI .. . . 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! 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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- ________________________,1, "':34.03'. I I I . I " I " I . .1 I. ~ ~ (2 I ) +- ~ _1t ______________________ . N --- 7Z " ~ ." ~J ! ..J '" '" 8 ~\.~~ I .. ... N t1.~ (;;) I . .. N ---iio-r1 ~ ." I V.'o . / I ..,..:,.. , ~ _: - . ..J I on (15) : 8 : .. . ... I ... : I I I ,~ I I I.,. , ~ :.. 1 I" : J~ .~ "1~':.1~ - - - --r- --- --.. - . - - "'Jl : ."j) , '. .....~.. 31. 5! _ -j - I.. _l~ ;f"] .. .i u - I I I I I I I I - I . I ' ::&.,~'.. . ~;:; I ?.n I ;!:! I " ,. I , $.. ." 13"03' ~. Z-'3Q' ;,"362.1 \.I"ZOO '.co'3l2 ....... .... 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Ftit ' . /____ _' _', . _/_ _ L- / / / / ,I, ,J / I I / / f ' -'j/" _,---:------- ---f-'TT-' -- --,--'-'T'r'l~ + ," "..IZ'tO,80.80S ' , , ',\ I !' .~ I of; ,! I ,~~ I i '"I' !.lz I 'll ~o I II J ~ I ~ I 'i:~ I ,j(i' I I ..,f: -~ ...:., I ." ~ :f F' '1 ~ . I , , ,- , / / I. ' ) 8 OJ o '" " , 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 -3- '3 (4) -Pi "":" : >i ? 62 ..: c:> L'" .... '" .... ~~ - '-J = u-5 ~;; ::> N 7 (31) 2"30. AS 1- NORTH . 111 - 200' ....,....-.:: :- ,". ~. c:> .,; = ::> =e .:i- N · se9"s'l~" !45 ,..; ~ ~ 2 I ~.ll<l ~ / ~ q..""' ~ -CSubject Prop~rty ~ (9) ~ijJJ~ -::; 2 ( 5) 255 3 ( 6) ~ I); ~r ~I ~ ~ Z:5 ~~ (i) (~) f-'~ - rn ~I'- (8) "- ~ '" . "<'0... I . : 113' ,.. -.:;;.::J d ~ a,"~" ~FTON"""'" 401 .......~~... .~ISI. .8, I ;40 121 "'.: ;J~ 01.0;':'-' ',~ , ~ " r~ ~ ," I ~ l ' ~ N :: r-) : ,:l ~ (7) 12) :49. ; 5 2 :3) ~ (23}...,. 6.. ______ !_______i_ ___:;. 3 , ., WI r a R 9MITIITO~ · .."::. ~~;. J:r N89-:sz.;a-t I i36 I WlESin.AW~ I It'lj 2 It'll 3 ( 18) X::1 ( I g) X::i 1 (20) 1- . 136 ./.., "'4;'36 '~ "'(::""1 SfllJlf/!/ffOIJD (:3) :1 :;/ ....1"", . 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"'i"{:-o ~ '.",. ____~_---- _ ~ .' . -l\-----~- "'" J\ "'C","--' . --; -,:':~----- '""....: ' -, ,;~~.~'"r- '--, \ -..I ~v "'" ......, '''--'' 'to. \,. _.",.~ ~ ' ~ I ; "'.... 'I .......~,. -' i.l I 4s:. ~ '- ~ J" Jif". ~ ,$ ~ ~~ , , . f (7'\\",- ~ ". ...-,.,.;. 4<- J~' ,,\;,,, ~r-. ~ ''-- ~~ ..'"'- *' -- :3 " a=.i ea.;- ~;; :~ i lJ i ~ . i . i = . ! / ,../ 1- NORTH 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 ~ ~ ....,. 0" ....,. f"'t- > . . 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. ":::" 'J; " 'to :~; :::.: . ',. . ........ ,':': " ..... ...... ...... :.~: .:: .............,:: ."1 ::;':1 ,....1 j;i ::: I.' :'" I :'. I : I ::;:.: :~ '::"ffi lili ~I'" .....115 "':'~I'" '..11ii :::'13\ :':':~ ';: I I 1 ) ;' ;'. / ,;' ;' .' .. .... . . I,', }:, ..... .... ?~... ;.~r . tfj ~ 0" _. f""I- Cd I I-l MARY ::LAKE WOODS .... . . fi... ................ ~........",.",,,, ."u o - ........ if. -.... ..... . - ........ tn---. . ........ ... ... ... ....HI ... u.._ ''GOt ....... --- .. ...-.. ~. .0 <{;::Fo / <i:::::f:'f.... "-- .-- ......~)~:; . ~ .~~:!~'). ~I () cr.: ,':", ?'\~&"'" .\ . ...~~) ':~) .. (/ I I ; i~ , ,~ ,.' . . .~ : 1 '1 "~J \ \ \ \ \ --.......,. J \ , , \ ' I \.__ ,ll\.~ .........~............. , , . ,..~"l::=.~ I I I I I I I . ~:::~ .' . ", ',',', .0:': " ::~: ':; ,: . ::J?:. :;:;"".. "':<:..:'. ;::;':;.:' ::':;:.: ::: :::':. .", C.R. oc. N ~ -~- .. . ~ '''!' .w . s"..... tI' f.... ..-..-...................... ~....... H :~ 1."..-1 i ilJ j _ _ _I I ._1 _ ftJ"':... . ...... I...........~............. """-..~..et..... vtWoo,.. ...""'._ .......-.. ..... hM.., ID .... ioo _... ... .............. ""-.. ...",.. Q........ ..............""...... 8CHOELL & MADSON. INC. ENGINEERS. SURvEYORS. PlANtlERS SOIL TESllNG . ENIIIRONt.lENlAL SUlVlCES SHEET 2 Of :) SHfETS tfj ~ lo0oi. ~ lo0oi. f""I- t= I N ....... . ......... ::::;::. ..0. .....;.:. ..... "\;;~\. :::.:::;:;::~i~~' :. . ~..........----.. ..........: ... 0-.... ...... 'eN ...... ........."...............,......... ~ ...~;...-.....lr.......-'.. ~ Z _ ...... lIMo.. .. .,-.... I . =:....!:::..-::.:'~ =:.~~. ~",:::", ............. ..... .....n::.:-'.. ~"'""., ': . ,'~Illtl'll"" .,::\(' .:::.:.:" .:<:;:~jj~ .\ >::;:~t.. '\-(\~ - - - - -.~.. - ----.. -- \ '. ~:. :\",~,.\ ....\\.fIo .-:-.... \ .i:!" \' ,\}" :':::'. \ l\"'~ \ .'.... \ "-. '--' :"::.:. \ 10....~ ...... \ ....~ ': :i:. \ 'fI~'/^" ::>. \ '('f,. .^ . ....':.;. \ "<t.,;; : ,.;.:';' '\.; "_.:$it~I:;I"'",,,, - - - - - - - _""'r/lJi_ - - - _ _ _ _ .......... .......a "",' "" ~', '; \........ ,":.."':r,', , I l . . ~::',:; , ~ '.." I , ::\;:~;,' I ,". " I .:: ":" I '" :~. I ....:::.- _ _ _~I91.1!1!L _ _ _ _ _ __':::1 .... - .... (SE~ SHEEI ~ or ~ SHEEIS) :.;.:: .:il;1:; !.;' ~::i, 8CHOELL l MADSON, INC. .:;,. ~NGINEERS t SUIlVEYORS tPU.NHERS . ::' SOI~ TESTING . EIMRONIAEHT~ SERvICES HILLS :;ND ADDi',1 ,'" ", '\ .) '1. ., 7 . ......... " .R. C. N ......... :':1, ......, ..,." 0 to no IO:;/'OC- .... 5cOI. in f.., ':;[1:\ '00 1 \ '~i\~~~:\" '1-. ':f.\ c...j.., t;:~) .... SIIEET J Of J SIIEETS 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: ~ t...~ 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': *~ A0 Gts~~r c?~-"17fJ/,<.Ib / F:\WPWINI2010.OOIlWI-soIic.wpd ~ 7rJ ~ ~S' rC!op,CJ/7?p>us, TOTAL P.03 8. 8. · . . . . . . . . . . . . . . . . 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OJ C 0 :J: m z m z < ~ - m :::a :::u 0 s: en Z )> 3: z c m 0 z 0 z ~ c =i 0 r- z en en m ~ - 0 m en .. - .Z 0 . , 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 "d II) OQ I\) N h.~ c." (j~ Ct; i-< ,-r. .-'\.; (;; o ;'1': ..<l:.; C t-~ !--; iL u"; if: rr: t.:i (= r--' ~t; 3: :c: r--. ~~. -r': ....... -c 3: G e 2: ~ i= .-' , , ,- -< s :c~ .''\,,' i-' [}~ ...,D i-' ~f 1<, 1<, c I> i- C) j- D ;:c g S ::r. l} C::! 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L..IS'l' FOR MA'Y 26.t 1998 COUNCIL M'I'(~ CI'i~~(~KW VENDOR NA~iE [)ESCRIF)'i'!(JN [)EP'I"~ AM(~)ljN1' .....---.---.- -~_.._._.._"._"._-_.._---_.-.-._._--"-_._._".-._.' -....--.-.....-..-----.-.--.--.-..-.-.-.-..--.--.... -_._-~-_.__.- .----..-...-..-.....-.--.... ~*~ "i' (J"j'AL_ FOR '!'lME SAVER Of~F SI"'E :~~ () ;:"1 .. "/ .:::! 2308! TOLL GAS & WELDING '!'ANK LEASE f~ENEWAL L,..1 I Y t:~ (--:~ h: LL2."kl 23()88 'j'ONKA Al.J"'O AND BOiJY SljPj~ SU~JPLIES C:: IT Y 0d~r? ~:~! t-). f..:,'; /~, 23089 TWIN ClfV WAfEr? CLINIC l,hlfH E.F: T E:3 T U'..jG il,.lf:::: '1' t::F(~ DE l() ,~ ()() 23()(~O W~W~ GRAINGER~ INC P !,h,l bl... DG j"ylP:l i'..n C: .1 T \( (~~ f::~ h: ,"'. '..... ..~ .... ..;~~..L..t. '4 ..)1....1 2509J 1,h,if:lTEr?Ph:O \",.i f-;~ . r !::. h: j""! t.: T I:: h: ~3 i,....if=1.j. !~~h: [)t: ~L " ~z ~~':l ':::'. l '/ P:REEMAN PK SUPFlL,IES f.J f:::: F.~ }<. :) :~{ 1~11.+,. '::.'J.:; *** T01AL FOr? WATERPRO 1 /J. ~:.:' (.., 'l ~:.:' ,~.... '1 . ,.:- '-' ,. , ..;- .,0 ') Z 1/',1 ~:) E\ (l i...jj) r::l e3:3 UC fJli E ~:) MAr?CH ENGINEEr?ING-:3EWEF: SEWER DE 2 ,~/+/{.{:~ ,~ (:5 / MARCi~ ENG-S'j'ORM WA'!"ER S". ___u_._____ Es l.t:~ I.~. .. :~ .:::f *~~ '!'O'I.Al F:OR WSB AND ASSOCIA"!'ES ~5 ,~ ~'.1.1 ~ l~Z ~*::;<:;~ TOTAL CHECKS FOR APPROVAL ... ~..~ ..~..o.." ~~ ."~ -L t>':':'1 ':I ,,:') ,I ;) ,~ I,,) I.) ::\<::i<:* TOTAL CHECK APPROVAL LIST 369,780.50 . 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