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111395 CC Reg AgP ~-~ CITY COUNCIL REGULAR MEETING CITY OF SHOREIDOD Mc.tmAY, NOVEHBER 13, 1995 5755 COUNTRY CLUB ROAD CCJUR:n.. ClmMBERS 7:30 P.M. The City Council will meet at 7:00 p.m. in Executive Session in the Conference Room at City Hall to discuss Teamster and AFSCME Union Negotiations. The City Council will adjourn to a Work Session format immediately following the regular portion of the meeting. No action will be taken at this time. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Bean Stover Benson Malam McCarty B. Review Agenda 2 . APPROVAL OF MINUTES City Council Regular and Work Session Meeting Minutes October 23, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA Consent Agenda Motion &: Adopt to approve Resolutions items on Therein: A. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#3A Proposed Resolution) Applicant: Alan Krutsch Location: 25725 Smithtown Road B. A Motion to Approve Change Order #1 for Project #95-1 Boulder Bridge and Badger Field Water System Improvements (Att.-#3B Engineer's Memorandum & Change Order) C. A Motion to Adopt a Resolution Accepting Adequacy of Petitions for City Improvements (Att.-#3C Proposed Resolution) D. A Motion To Adopt a Resolution Approving the Final Assessment Roll - Water System Improvement Project (Att.-#3D Proposed Resolution) :f.-., ~ CITY COUNCIL November 1.3 I Page 2 of 3 AGENDA 1.995 E. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 S.F. (Att.-#3E Proposed Resolution) Applicant: Tom Wartman Location: 28120 Boulder Bridge Drive F. A Motion to Adopt a Resolution Approving a Preliminary Plat and Lot Width Variance - Woodside 2nd Addition (Att.-#3F Proposed Resolution) Applicant: Don Peterson, representing LeGran Homes, Inc. Location: 28030 Woodside Road G. A Motion to Adopt a Resolution Approving a Preliminary Plat - McCary Addition (Att.-#3G Proposed Resolution) Applicant: Carl Zinn, representing Thomas and Mary McCary Location: 6010 Ridge Road H. A Motion Approving an Extension of Time to Correct a Zoning Violation (Att.-#3H Planner's Memorandum) Appellant: Jeff Christian Location: 24700 Wiltsey Lane I. A Motion Approving a Letter of Agreement with Ken Potts Regarding Prosecution for the Years 1996 and 1997 (Att.-#3I Proposed Letter of Agreement) J. A Motion Approving a Letter of Agreement with Ken Potts Regarding Forfeitures (Att.-#3J Proposed Letter of Agreement) 4 0 MATTERS FROM to 3 minutes 0 THE FLOOR (Presentations No Council action will are limited be taken 0 ) 5 0 PUBLIC HEARING 7: 45- P oM. Vacation of a Drainage and Utility Easement A Motion to Adopt a Resolution Regarding the Vacation of a Drainage and Utility Easement (Att.-#5 Proposed Resolution) Applicant: Allan Larson Location: 4320 Dellwood Lane 6 0 PLANNING Report by Representative 7 0 CONSIDERATION OF SPEED STUDY SHOREWOOD OAKS DRIVE (Att.-#7 Traffic Information) ~. .. CITY COUNCIL AGENDA November 13, 1995 Page 3 of 3 a . CONSIDERATION OF A MOTION TO AUTHORIZE PRELIMINARY SURVEY WORK BY OSM FOR PROPOSED IMPROVEMENT PROJECTS (Att.-#8 Engineer's Memorandum) 9 . CONSIDERATION OF A MOTION OF APPROVAL OF A DRUG &: ALCOHOL TESTING POLICY AND PARTICIPATION AGREEMENT WITH MINNESOTA COUNTIES INSURANCE TRUST (Att.-#9 Proposed Policy and Agreement) 10. ADMINISTRATOR &: STAFF REPORTS A. Attorney's Report on Sealcoating Agreement B. Engineer's Report on Feasibility of Water Extension Requests (Att.-#10B Letters of Request) 11. MAYOR &: CITY COUNCIL REPORTS 12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS (Att. -#12) . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 . (612) 474.3236 EXECUTIVE SUMMARY -. MONDAY, NOVEMBER 13,1995 1\ I. . 1 I / i ' ~fr f/ SHOREWOOD CITY COUNCIL MEETING Please arrive at 7:00 p.m. when we will be meeting in the conference room for an update on both the Teamsters and AFSCME negotiations. We will break at 7:30 to go into regular session. Agenda Item #3A: This resolution approves a request by Alan Krutsch and Susan Prince to subdivide their property at 25725 Smithtown Road into two lots. Approval requires a simple majority vote. /' , Agenda Item #3B: This item was not received at City Hall in time for inclusion in the packet. It can be removed from the agenda. ~ .. Agenda Item #3C: This resolution accepts petitions for improvements for properties to be included in this . I year's watermain project. Because of the petition no public hearing is necessary. J Agenda Item #3D: This resolution is a [mal approval on the assessment roll and includes the properties .listed on the resolution approved in the previous item. Agenda Item #3E: This resolution approves a conditional use permit allowing Tom Wartman to construct an attached garage which brings the total amount of accessory space on his property over 1200 square feet. As noted in a memorandum from the Planning Director, Mr. Wartman has asked to make the new garage two feet longer than what was originally proposed. The revised plan more than exceeds the criteria set forth in the Zoning Code. Approval requires a four-fifths vote by the City Council. Agenda Item #3F: Mr. Don Peterson, representing Legran Homes, requests a lot width variance and preliminary plat to subdivide the property at approximately 28030 Woodside Road into two lots. The proposed lots are 105 and 107 feet in width at the 50-foot setback line but widen to 165 feet each at the shoreline of Lake Minnetonka. The Planning Director recommends approval subject to several conditions. The Planning Commission agreed on a 5-2 vote. A four-fifths vote is required by the City Council for adoption of this resolution. Agenda Item #3G: This resolution approves a request by Thomas and Mary McCary to subdivide their property at 6010 Ridge Road into two lots. The Planning Director recommends approval subje'ct to a number of conditions which are addressed in the resolution. The Planning Commission voted 4-3 to approve. Council approval requires a simple majority vote. A Residential Community on Lake Minnetonka's South Shore Executive Summary. City Council Meeting November 13, 1995 Page 2 of 2 Agenda Item #3H: A motion to offer an extension of time to correct a zoning violation. Item will be verbally addressed by the Planning Director. Agenda Item #31: We have had the same agreement with Ken Potts for prosecution service for four years. This agreement is a two-year extension with an increase from $17,500 to $18,100 per year. The police department is pleased with the services and we recommend approval. Agenda Item #3J: This is a supplemental letter of agreement with prosecuting attorney Ken.Potts which would pay $70 per hour plus expenses in relation to vehicle forfeitures on multiple DWI offenses. This is over and above the normal expectation of prosecuting services. Agenda Item #5: Mr. Allen Larson legally combined two lots on which his home is located at 4320 Dellwood Lane. In order to expand his existing home, he has requested that the drainage and utility easements which now divide the combined parcel be vacated. The Planning Director recommends approval of the request. Adoption of the resolution requires a simple majority vote. Agenda Item #7: The summary memo has been sent to residents of Shorewood Oaks Drive and Maple . Leaf Trail. We had said that we will consider in November the issues of speed, stop sign placement and . cut through traffic balance between the two streets. The major recommendation involves posting questionary 20 m.p.h. curb signs and removing and 30 m.p.h. signs. Agenda Item #8: Enclosed is our recommended Drug and Alcohol Testing Policy and Procedures for Commercial Motor Vehicle Drivers. The drug portion had previously been adopted by the Council and then rescinded when we learned that it did not need to take effect until January 1, 1996. Since that time we have incorporated the alcohol portion into the policy. The second document is a Participation Agreement with the Minnesota Counties Insurance Trust program which we are recommending to help us in administration of the program in a cost effective basis. Following the regular session we will adjourn to work session format. At that time we can review where we are at on the objectives we had set for 1995 and then continue our discussion on the Capital Improvement Program. We will have additional handouts to insert in your CIP 3-ring binder, so please be sure to bring it along. Enclosed in the packet is our third quarter report on issue priorities and budget objectives. . "'-v '1 CITY OF REGULAR MONDAY, SHOREWOOD CITY COUNCIL MEETING OCTOBER 23, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB 7:30 P.M. ROAD M I NUT E S ~ ~l\~\ 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Beani Councilmembers Benson, Malam, and McCartYi Administrator Hurm, City Engineer Brown, City Attorney Keane, Planning Director Nielsen, Finance Director Rolek, and OSM Engineer DeLaForest. . Absent: Councilmember Stover. B. Review Agenda Benson October consent moved, Malam seconded to approve the agenda 23, 1995 as amended by deleting item 3A. from agenda. Motion passed 4/0. for the 2 . APPROVAL OF MINUTES A. City Council Regular Minutes - October 9, 1995 Benson moved, McCarty seconded to approve the October 9, 1995 City Council Regular Meeting Minutes as amended on Page 3, Paragraph 7, Line 2 replace "waive" with "waiver" and on Page 5, Paragraph 8, Line 1 replace "Kasmer" with "Casmer" (Kathy is spelled correctly). Motion passed 4/0. . B. City Council Work Session Minutes - October 9, 1995 Benson moved, Malam seconded to approve the 1995 City Council Work Session Meeting presented. Motion passed 4/0. October Minutes 9 , as 3 . CONSENT AGENDA Mayor Bean read the Consent Agenda for October 23, 1995. McCarty moved, Benson seconded the Consent Agenda and to adopt to approve the the Resolutions Motions on therein: B. RESOLUTION Application Applicant: Road. NO . 9 5 - 9 8 . " A for Deferment David Ryan. Resolution Approving an of Watermain Assessment." Location: 25560 Smithtown C. RESOLUTION NO. 95-104. "A Resolution Authorizing a Budget Transfer and Authorizing Expenditure of Funds for Lighting Retrofit of City Hall." f:F~ REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 2 D. RESOLUTION NO. 95-105. "A Resolution Revising a Resolution Approving a Variance." Applicant: Robert West. Location: 5815 Ridge Road. E . Mot ion to Submission Development, Plat Omega Extend the Manitou Inc. Deadline Woods. for the Final Applicant: Motion passed 4/0. 4. MATTERS FROM THE FLOOR - None. 5. CONSIDERATION OF A RESOLUTION AWARDING BIDS GENERAL OBLIGATION WATER REVENUE BOND, SERIES FOR THE 1995A Mr. Bob Thistle, representing Springsted Company, reported they had received seven bids for the general obligation water revenue bond at noon today. The low bid was received from Cronin and Company in conjunction with Smith Barney at 5.0239% compared to an estimate given one month ago of 5.38%. This will result in a $52,000.00 reduction in interest paid over the life of the bond. The City of Shorewood received a rating from Moodys of A1. Moodys comments in regard to the City of Shorewood included the following: 1) Sound fiscal operation; 2) General Fund balances maintained at a favorable level; 3) Stable City tax levy in three of the last four years resulting in a reduction of the City's tax rate of 7% for the year of 1995; 4) Although a new plan to extend municipal water to all development sites over the next ten to fifteen years, infrastructure costs should not significantly increase due to the debt burden. The development costs will be financed primarily through the general obligation water revenue debt in addition to sufficient plan to make the water system self- supporting; 5) Additional borrowing for the water system will approximate $400,000.00 to $500,000.00 annually over the next five years but, based upon the City's well-defined five-year Capital Improvement Program, other projects will be primarily funded on a pay-as-you-go basis. Mr. Thistle recommended the City take the low bid from Cronin and Company. He noted a paragraph in the original resolution presented to the City Council stating this issue would be covered by the new Disclosure Requirements has been deleted as it is not applicable in this issue. McCarty moved, Malam seconded to adopt RESOLUTION NO. 95- 106. "A Resolution Awarding the Sale of General Obligation Water Revenue Bond, Series 1995A to Cronin and Company in Conjunction with Smith Barney at the Rate of 5.0239%." Motion passed 4/0. 6. CONSIDERATION OF DEAD-END ALTERNATIVES FOR CHRISTMAS LAKE ROAD Ci ty Engineer Brown reported staff had considered three dead-end alternatives for Christmas Lake Road. Alternative A would decrease the total width of the exiting bituminous surface with crack sealing and seal coating at an estimated cost of $3,070.00. .. ",.. . . REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 3 Alternative B would remove the existing bituminous surface and construct a 12.0 foot aggregate path at an estimated cost of $2,695.00. Alternative C would restore the existing bituminous surface at an estimated cost of $1,847.50. Brown indicated staff is recommending Alternative C and anticipates it would be eight to ten years before additional restoration work would be required. Mayor Bean reported a letter had been received from Rick Dyer and Dawn Christensen offering a fourth alternative. . Dawn Christensen, 6075 Brand Circle, stated she had spoke with a different source, who did not live in the City of Shorewood, and received this additional alternative. She suggested a 20 foot access for emergency vehicles be maintained using a class 5 base. Once the base was compacted, it can hold emergency vehicles of any weight. This access could then be sodded to look like a lawn. She indicated this has been done in the City of Excelsior. Her suggestion would also include surmountable curbs and a bike bath. She stated this alternative would cost a little more but all the neighbors have considered it and are in favor of it. In response to Mayor Bean, Ms. Christensen stated she would like the pylons on the Brand Circle side taken out. Ms. Christensen indicated her alternative was estimated to cost $8,000.00 to $10,000.00. She stated the reason for requesting 20 feet was to maintain emergency vehicle access. She noted she had spoke with the Fire Chief and he had indicated the emergency vehicles are eight feet wide. Therefore, an eight to ten foot wide path would need to be maintained in the winter rather than the entire twenty feet. Hurm stated the Fire Code required a minimum of twelve feet be maintained for emergency vehicle access. . Brown stated Alternative B included class 5 and aggregate very similar to what Ms. Christensen was describing. He stated he had spoken with the Police Chief and was informed the only emergency medical service who was not comfortable with the barrier curbs was the Hennepin County Ambulance Service. 'All other emergency medical services were comfortable with barrier curbs. Terry Jensen, 6045 Brand Circle, stated the pylons put in this summer were not of uniform size or color and looked awful. She stated a curb was put in with no fill behind it which resulted in a three foot drop. She stated she felt something had to be done soon or someone would be injured. Brown indicated the Public Works Department noted some restoration is necessary but were waiting to determine the action taken by the City Council. Brown indicated a similar alternative to alternative B had been discussed at the September 25, 1995 meeting and it was his opinion that the aggregate will trap water and the bituminous will deteriorate. He stated the class 5 will do the same thing. REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 4 Ms. Christensen stated she had been told the class 5 base would let the moisture come up and would not break apart. She reiterated this has been done in the City of Excelsior. Mayor Bean indicated he would rely than information from another source. be able to plow the aggregate road. on staff engineering rather He asked if the City would Brown stated in his experience, placement of an aggregate road would require the Public Works crew to blade off and add aggregate to the surface once a year. He estimated this would cost approximately $200.00 to $300.00 per year. Mayor Bean noted that over the long run, Alternative B and Alternative C were relatively the same in cost. Mayor Bean asked the Fire Chief for his opinion. The Fire Chief indicated his concern with the amount of weight the aggregate could support and the restriction of only being able to get one vehicle in. or out at one time. The Fire Chief did note that similar aggregate roads in Excelsior are working. ~ Nielsen stated 20 feet was the minimum width required for access per the fire code but engineering staff was basing opinion on the fact that the distance between Brand Circle Christmas Lake Road was short and emergency vehicles would be to see each other coming and allow the other to exit or enter. fire its and able Mayor Bean questioned the City's liability in this issue. City Attorney Keane stated the key question was how the access would function as determined by professional opinions of the Engineering Department and Fire Chief. Brown indicated based on his interpretation of the Fire Code, since the distance from one end of the cul-de-sac to the other was only 120 feet, he felt a twelve foot access was sufficient. The Fire Chief stated he did not feel this would cause a problem. ~ Councilmember Benson stated he felt Alternative B was what the residents on Brand Circle wanted and the safety issue looked much better. Richard Dyer, 6070 Brand Circle stated the residents wanted the surmountable curbs. Councilmember Benson stated the City would give the residents the surmountable curbs because they are stating they do not want the pylons but want the surmountable curbs. He warned the residents that if they are given what they ask for,. not to come back and ask for a fence along the side of Christensen's yard because people are driving on her lawn. That is why this whole thing started. He stated he was glad to correct the problem, but that the residents were making some changes now that he had a serious problem with. He was glad to do what they wanted to do but he felt they would be back again in another year when somebody turns around in Christensen I s yard because of the lack of pylons and installation of the surmountable curb. REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 5 Mr. Dyer said uh-uh (used to indicate disagreement, disapproval, or dissatisfaction) . Ms. Christensen said okay. Councilmernber Benson asked if he was right or wrong. him one way or the other. Just tell Ms. Christensen stated if it was completely sealed off on the other end, there was no way the vehicles could get in there. Councilmernber Benson stated he knew but that did not particularly stop them before from going out and having fun on your yard. Ms. Christensen stated they could get through then. Councilmernber Benson stated they could get through then but it was a surmountable curb, it was a tougher curb, it was a tougher curb than it is now. Okay? Ms. Christensen said okay. Councilmernber Benson stated it was a four wheel vehicle, I would assume. Ms. Christensen stated they went in before it was even a curb. . Ms. Johnson suggested putting a gate on that end. would not be able to get through. Then people Councilmernber asked the difference J.n cost between surmountable curbs and barrier curbs. Brown noted the difference in cost of barrier curbs and surmountable curbs was negligible. Councilmember Benson expressed concern with the surmountable curbs as this could lead back to the problems which originally initiated this whole procedure. McCarty moved, Alternative B, Lake Road. Malam including seconded to surmountable recommend curbs, for dead-end Christmas . Mayor Bean questioned if surmountable curbs should be installed on both the Christmas Lake Road end and Brand Circle end of the cul- de-sac. Brown recommended if surmountable curbs were installed at one end, they should be on both ends. McCarty on both amended ends of her the motion to cul-de-sac. include Malam surmountable concurred. curbs Voting on the motion: Motion passed 4/0. Brown stated the Public Works Department would perform some restoration in the area immediately with construction of Alternative B scheduled for next Spring. 7. CONSIDERATION OF PARTICIPATION IN LIVABLE COMMUNITIES ACT WITH METROPOLITAN COUNCIL Mary Hill Smith, and Hal Freshley were present to represent the Metropolitan Council in regard to the Livable Communities Act. Ms. Hill Smith explained the Legislature had passed the Livable Communities Act to give the Metropolitan Council a tool to encourage. community development and assist in local housing programs. She stated she had looked at the City of Shorewood IS REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 6 proposed resolution and was very willingness to set goals. impressed at the Ci ty 's Mayor Bean read the proposed resolution into the record. Councilmember McCarty stated she was very excited to go forward with the Livable Communities Act. In Councilmember Stover I s absence, Mayor Bean noted some of her concerns were the potential of adopting these goals and somehow by 1997 being forced into action which the City normally would not have done. McCarty confirmed that the requirement was to be working toward the goals set in the resolution. Ms. Hill Smith stated this was correct. Mayor Bean stated Councilmember Stover had also been concerned that the rules may change and then opting into the program would derive a greater penalty than if the City had not opted into the ~ program at all. Mayor Bean noted there had also been frustration wi th regard to the discussion of the amount of funds which were available to the Metropolitan Council and that the Metropolitan Council had not yet defined the criteria by which it will grant requests for funds. Mr. Freshley indicated the total funds available in all three areas was ten to twelve million dollars. He estimated the amount available to the City of Shorewood would be approximately $14,000.00. If the City of Shorewood does not elect to sign up until the year of 1997, they will be required to have records showing the City has spent 85% of that amount to maintain housing quali ty in the previous year in order to be eligible to get more funds. If the City would elect to spend nothing on housing, they would be allowed to buy into the program in the year 1997 by giving 85% of the amount to another City or by putting it into the ~ City of Shorewood's budget to develop housing. He noted the City ~ is allowed to decide every November if they wish to continue in the program. councilmember Malam stated he was in favor of participation in the program. Councilmember Benson stated he felt the City was accomplishing these goals very well on their own and was not comfortable in being pushed to accomplish these goals. Councilmember McCarty indicated she felt this was the right thing to do as these were the goals of the City already. She stated she felt it was good to get out there and be a leader. McCarty 107, "A Housing Livable Goals." moved, Malam seconded to adopt RESOLUTION NO. 95- Resolution Electing to Participate in the Local Incentives Account Program Under the Metropolitan Communities Act and Setting Associated Housing Motion passed 4/0. Ms. Hill Smith reported the Metropolitan Council was in the process of a project called "Transit Redesign". She indicated one of the proposals was that the Metropolitan Council pull back on . . REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 7 MCCO to the core area and some of the first string suburbs and allow the rest of the region to do an OCTDOT system. She indicated her support to keep working with the City of Shorewood to solve the sewer charge problems. 8. PLANNING - Report by Representative Nielsen explained there was not a representative from the Planning Commission present this evening, as the last Planning Commission Meeting had been a Study Session to discuss the Highway 7 Corridor Study. He noted there was an open house scheduled on this issue at the Minnetrista City Offices on October 30, 1995 from 4:00 to 7:00 p.m. A. Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet. Applicant: Tom Wartman. Location: 28120 Boulder Bridge Drive. Nielsen reported Mr. Wartman is proposing to build an attached garage on his property at 28120 Boulder Bridge Drive. Since the area of the addition combined with an existing carriage house on the property exceeds 1,200 square feet he is requesting a conditional use permit. Nielsen indicated staff and the Planning Commission reviewed the four criteria required for granting a conditional use permit and this request complies with all four. Nielsen stated landscaping and trees are not an issue as the proposed location of the garage is currently used for parking. Nielsen indicated the Planning Commission and staff are recommending approval of the conditional use permit subject to the standard clause stating that the space is not intended to be used for anything but residential activity and that the City has separate requirements and approvals for home occupations. Malam moved, McCarty seconded to direct staff to prepare findings of fact approving a conditional use permit for accessory space in excess of 1,200 square feet for Tom Wartman, 28120 Boulder Bridge Drive subject to staff recommendations. Motion passed 4/0. B. Preliminary Plat and Lot Width variance Woodside 2nd Addition. Applicant: Don Peterson, representing LeGran Homes. Location: 28030 Woodside Road. Nielsen reported the applicant is requesting to divide the subject property into two lots. The lots do not conform to the R-1A/ S zoning district requirements as they are a little shy of width at the building line. The lots do achieve the 120 foot width requirement further back on the lot and widen to 160 feet at the shoreline of Lake Minnetonka. Both lots will meet the lot area requirement. The lots within one quarter mile of the proposed lots were examined and the proposed lots exceed more of the lot size requirements than many of the existing lots in that area. Items taken into consideration for granting the lot width variance were the configuration of the lot, the average lot width of 135 feet, the buildable area of both lots is adequate and an existing non-conforming structure will be removed as part of the site development. In regard to the preliminary plat, Nielsen stated the sewer easement is shown as being 50 feet wide and should be REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 8 corrected to 15 feet wide. The drainage and utility easements are shown as 5 feet and should be corrected to 10 feet. These corrections are to be made on the final plat. It is being recommended that a complete tree inventory be done and a tree preservation/landscape plan should be submitted as part of the final plat. Nielsen indicated staff and the Planning Commission are recommending approval of the variance and preliminary plat subject to seven stated conditions. Don Peterson, representing LeGran Homes, stated they have reviewed all the recommendations made by staff and the Planning Commission and have no problem with complying to them all. He indicated one lot has been sold, subject to City Council approval of the preliminary plat, and he would appreciate knowing when water may be available so as to avoid installation of a well if not necessary. Mayor Bean clarified the variance was being granted because the proposed lots would be consistent with other lots in the area. Nielsen indicated this was correct and also the configuration of . the lot and the fact that the lot actually widens as it goes toward the lake. DeLaForest indicated he could not comment on the water issue but that they were in the process of looking at implementation and could hopefully provide an answer within two weeks. McCarty moved, Benson seconded to direct staff to findings of fact approving a preliminary plat width variance - Woodside 2nd Addition for Don representing LeGran Homes, 28030 Woodside Road staff recommendations. prepare and lot Peterson, subj ect to Mayor Bean noted there appeared to be a small outbuilding encroaching the lakeshore. Nielsen indicated this was the foundation of an old boathouse. He stated it may do more damage to the site to remove the foundation and the new owner may run . their dock system off that foundation. Nielsen noted there was a large old garage on the northeast corner of the site which will be removed as part of the plat. Councilmember Malam questioned a small shed to the south. Nielsen indicated that was owned by a neighbor and would be removed. Voting on the motion: Motion passed 4/0. C. Preliminary Plat - McCary Addition. representing Thomas and Mary McCary: Road. Applicant: Location: Carl Zinn, 6010 Ridge Nielsen reported the McCarys wish to divide the property located between Christmas Lake and Silver Lake. Both proposed lots would exceed the lot area requirement. The small lot will contain 61,230 square feet of area and the larger lot 84,970 square feet of area. Nielsen explained the City has adopted a bluff impact requirement as part of the Shoreland regulations. The home site shown on the plat complies with the bluff impact regulations. The staff report identifies a contour through the lot from which a 20 . . REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 9 foot setback is required. The applicant has requested and staff agrees that his surveyor accurately locate the exact extent of the bluff on that slope and depict that on the survey so that any drawing from here on out would simply refer to that. This would be considerably more accurate and easier to locate on the field as well. Staff has asked the developer to show how building pad access can be achieved with an 8% maximum grade and a maximum slope of 3:1. Nielsen reported he has since received new drawings which he has been informed do accomplish this. The vacant lot has no lot coverage and the existing lot has coverage of 24%. This particular property is heavily wooded and staff is recommending tree replacement, as the policy currently requires, is not relative as there probably is not enough open area to put trees back into. Staff is recommending rather than concentrate on tree replacement, that any construction of a home and access concentrate on landscaping of the retaining walls necessary to construct the access. Under current policy the new lot is subject to a $5,000.00 trunk water charge. This area has been identified as an area which will be difficult to serve with City water. Nielsen noted if it is determined that this area will be not be served by City water, possibly some abatement will be made. Nielsen indicated the Planning Commission and staff are recommending approval of the preliminary plat subject to a number of conditions. In regard to Condition 7, Nielsen reported he and the City Attorney will look into this issue to determine if the requirements can be recorded in some other form than a protective covenant. Councilmember Malam asked Mr. Zinn what he would prefer in regard to the water trunk charge. Mr. Zinn suggested putting the $5,000.00 in a bond or some other form so that cash up front would not be required. Nielsen suggested the amount could be assessed and if it was determined City water would not be made available, the assessment could be abated. Mr. Zinn agreed with this approach. Mayor Bean asked why the Planning Commission had recommended approval on a 4/3 vote. Nielsen explained the members of the Planning Commission who voted against were uncomfortable with the number of issues left to be resolved as part of the final plat. Nielsen noted this was part of the preliminary plat process to point out issues which needed to be resolved before a final plat would be approved. Benson moved, Malam seconded to direct staff to prepare findings of fact approving a preliminary plat McCary Addition for Carl Zinn, representing Thomas and Mary McCary, 6010 Ridge Road subject to'staff recommendations and resolution of Condition 7 subject to staff satisfaction. Motion passed 4/0. 9 . CONSIDERATION OF REGARDING WATERMAIN TO SECTION 9.03 AN AMENDMENT ASSESSMENTS Hurm explained staff has been meeting for the past several months to discuss areas of the special assessment ordinance which require clarification. Hurm explained the changes made in the language of the ordinance. Keane explained changes had been made to make this ..(: REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 10 a more user-friendly ordinance. the changes made to the mixed use Finance Director Rolek explained category. Malam 306, City City moved, McCarty seconded to "An Ordinance Amending Chapter Code Regarding Assessment Policy Water". Motion passed 4/0. approve Ordinance No. 903 of the Shorewood for the provision 0 f 10. ADMINISTRATOR AND STAFF REPORTS A. Report by Administrator on Request for Refund from the LMCD. Hurm indicated staff had been contacted by the LMCD to inform them they should request a refund in the amount of $1,100.00. B. Establish Work Session Dates Ci ty Council Work Session dates were scheduled for November 6, 1995 and November 20, 1995. It was determined, if needed, another Work Session could be scheduled for November 27, 1995. . C. Review Snowmobile Task Force Expectations Hurm reported the Snowmobile Task Force had met on September 25, October 2, and October 16. Upcoming meetings are scheduled for November 3, November 7 and November 20 . The Task Force has determined five major problem areas to be noise, speed, curfew issues, safety issues and property damage. These issues will be addressed in regard to the regional trail, public right-of-way, wetlands and private property. Hurm noted the Task Force may incur some expenses in obtaining data. Another possibility discussed by the Task Force which may be costly, is the installation of a telephone line at City Hall for residents to call and report problems and complaints. Hurm explained this would be appropriate as the City is in need of another telephone line anyway. Another i tern which would require funding would be . conducting a survey. There was Council consensus that the Snowmobile Task Force was headed in the right direction and there was willingness to fund projects if need be to achieve a thorough result. Mayor Bean recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:37 p.m. Brown reported construction is continuing on the Boulder Bridge and Badger Field water system. He stated the Smithtown Road proj ect is also starting. He reported a notice has been set to residents on the Boulder Bridge system that water will be shut down on October 26, 1995 from 9:00 a.m. to 12:00 p.m. to allow for the connection to the 16 inch water main along Smithtown Road. He stated the affected portion of the City will be residents on the Boulder Bridge system between the Beverly Drive neighborhood and the Shorewood Oaks neighborhood. In response to Councilmember McCarty, Brown indicated the Howard's Point project had been delayed due to the weather. Restoration of REGULAR CITY COUNCIL MINUTES October 23, 1995 PAGE 11 the roadway was expected to begin as soon as the weather allows. He noted there is material piled up to the side of the trench but the contractor is making every effort to keep the site safe and the traffic flowing through the area. Brown noted the contractor and OSM Engineering are working on a detour plan for Smithtown Road. Closure of the roadway will be kept to an absolute minimum. . DeLaForest indicated the current schedule for Smi thtown Road is calling for completion in November, depending on the weather. He stated a crew will be moving on to Smithtown Road yet this week. He reported a change order will be presented at the City Council meeting of November 13, 1995 as a result of poor soil conditions encountered on Howard I s Point Road. DeLaForest explained that when the trench was excavated, the soil was extremely unstable and wet. The contractor had to use rock and filter fabric to segregate the rock from the soil to support the pipe. This may add a cost to the proj ect of $20,000.00 to $25,000.00. At that same meeting, a report will be made dealing with the reduction in cost for the fittings as previously discussed. This could result in a $40,000.00 reduction in project costs. There is also the possibility that the construction along Smithtown Road may not require the pavement restoration as projected. DeLaForest stated there is still the opportunity to stay within budget and possibility come in under budget. . DeLaForest reported he has had discussion with the City Engineer of Victoria in regard to the City of Shorewood providing water service to the northeast portion of the City. This would serve the Swiss Mountain Development. This development will include approximately 70 new lots. The development is looking at 30 lots in 1996, 30 lots in 1997, and the remaining lots in 1998. The City of Victoria has a small hydro-pneumatic system along Smithtown Road that will not be adequate to provide service to the new development. If service is provided, they would require a connection by July 4, 1996. This would require a 12 inch watermain to be run along Smithtown Road to the City of Victoria border and establishment of a mass meter system. There was Council consensus that this was a good opportunity. There was Council direction to staff to develop an outline of the alternatives, timeframe and costs and to inform the City of Victoria in the interim that this possibility looks favorable. DeLaForest indicated the City Council of Victoria is also interested in this project. 13. MAYOR AND CITY COUNCIL REPORTS Mayor Bean reported the discussion of the Minnewashta Water Tower site by the School Board is scheduled for November 2, 1995. Nielsen reminded the Council of the open house relating to Highway 7 Corridor Study which is scheduled on October 30, from 4:00 to 7:00 p.m. at the Minnetrista City Offices. Councilmember McCarty noted the Park Foundation had scheduled the next Park Festival for September 21, 1996. the 1995 REGULAR October CITY COUNCIL MINUTES 23, 1995 PAGE 12 A. Pursuing Legal Action to Acquire Seized Property The Council discussed the subj ect of forfeiture of vehicles in relation to criminal matters. There was consideration of who would incur the costs of prosecution and who would be entitled to the benefits. There was Council consensus to obtain more information relative as to what level of action this would represent. There was Council consensus that they were more apt to lean toward pursuit of full punishment under the law to the extent that it makes sense. B. Charging for Nuisance Calls There was Council consensus to support this concept noted that the City of Shorewood does have a policy this in effect presently. 14. ADJOURNMENT TO WORK SESSION OF CLAIMS FORMAT SUBJECT Benson moved, McCarty seconded to meeting at 10:31 p.m., subject Motion passed 4/0. adj ourn the to approval City of RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: and it was similar to TO APPROVAL Council claims. ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .. . . CITY OF SHOREWOOD WORK SESSION MONDAY, OCTOBER 23, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 10:40 P.M. M I NUT E S \) \\f\ ~\ 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 10:40 p.m. A. Roll Call Present: Mayor Bean; Councilmembers McCarty; Administrator Hurm, Rolek, OSM Engineer DeLaForest, Brown. Benson, Malam, and Finance Director and City Engineer . 2. DISCUSSION ON 1996 ENTERPRISE FUND BUDGETS Finance Director Rolek indicated the budget had been prepared without any increase in sewer or water rates for 1996. He indicated it was a policy matter if the City Council would like the fees to reflect the depreciation factor. Councilmembers discussed the options. There was Council consensus to not increase the base rate for water charges but to explore the possibility of structuring a rate dependent on amount of usage. . Rolek indicated staff was not recommending an increase in the sani tary sewer rates. Hurm explained there was a capital outlay expense in this year's budget for a new utility line locator and new sewer jetter. There was Council consensus to maintain the sanitary sewer rates at their present level. Rolek indicated the County is no longer funding the full cost of recycling in the City of Shorewood. He indicated the revenue received by the City for the recyclables will not cover the cost of the recycling program. There was Council consensus to establish the recycling charge per household by $1.00 per month. Hurm explained the Stormwater Management Utility Fund was doing well in terms of set-asides. Rolek explained this issue will be discussed further along with the subject of Capital Improvement Projects. Rolek reported the Tonka Bay Liquor Store and the Shorewood II Liquor Store (the Shorewood Shopping Center Store) were making a profit. The new store, Shorewood I, is estimated to loose $44,000.00 this year. Rolek reported sales have not been as the City had anticipated due to the store being CITY OF October SHOREWOOD 23, 1995 WORK PAGE 2 SESSION MINUTES closed for a year and that people don't really know the store is there. Rolek stated there will be a profit between the three stores. Councilmernbers discussed the options. There was Council consensus to have the Liquor Committee come to the City Council with a definite business plan for all three stores. 3 . ADJOURNMENT Benson Session moved, McCarty meeting at 11:39 seconded to adjourn p.m. Motion passed the 4/0. Work RESPECTFULLY SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR JOHN ALAN KRUTSCH AND SUSAN PRINCE WHEREAS, Alan Krutsch and Susan Prince (Applicants) are the owners of certain real property in the City of Shorewood, legally described as: "Lot 91, Auditor's Subdivision No. 133, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the County Recorder, in and for Hennepin County, Minnesota"; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into two parcels legally described in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the real property legally described herein be divided into two parcels, legally described in Exhibit A. 2 . That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. . 3 . That the Applicants record this resolution, together with the drainage and utility easements legally described in Exhibit B with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of November 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 3.A. . LEGAL DESCRIPTION, TRACT A: The West 166.29 feet, as measured at a right angle to the west line the=eof of: That Dart of the Southeast Quarter of the Northeast Quarte~ of Section 32, Township 117 North, Range 23 West, of the Fifth Principal ~e~idian,described as rollows: Cocrmencing at the southwest corner or the Southeast Quarter or the Northeast .Quarte~ of Section 32, Township 117, Range 23; thence East, along the south line or said Quarter, 353 feet to the westerly line or the ri~ht of way of the Minneaoolis and St. Louis Railroad, Cn.k.a. Hennepin County" Regional Railway Authority); thence North 49 degrees 02 minutes East, along said right of way line 658.5 feet to the point of beginning of the land to be described; thence North and parallel to ~he west line of said Quarter, 358 feet, to the center of the Smith Town Road; thence North 83 degrees East, along the road, 200 feet; thence South 84 degrees 05 minutes East, along the road 214.4 feet to the intersection of the northerly line of said above Railroad right or way; thence along said line 547.0 feet to the point or beginning. Subject to Public Road Easement. . LEGAL DESCRIPTION, TRACT B: That oart of the Southeast Quarter of the Northeast Quarter of Section 32, Township 117 North, Range 23 West, of the Fifth Principal Meridia~, descri~d as follows: Commencing at the southwest corner of the Southeast Cuart~ of the Northeast Quarter of Section 32. Township 117, Ra~ie 23; thence East, along 'the south line of ~~id Qua~~er, 353 feet to the westerly line of the Ki~~t or way of the Minneapo 1 is and St. Louis Railroad C n . k. a. Hennepin County Regional Railway Authori::;.:); thence North 49 degrees 02 minutes East, along said right of way line 658.5 feet to the point of beginning of the land to be described: thence North and parallel to the west line of said Quarter. 358 feet to the center of the Smith Town Road; thence North 83 degrees East, along the road, 200 feet; thence South 84 degrees 05 minutes East, along the road 214.4 feet to the intersection of the northerly line of said above Railroad right of way; thence along said line 547.0 feet to ~'e point of beginning. EX~~r the west 166.29 feet as measured at a right angle to the west line thereof. Subject to Public Road Easement. Exhibit A .... . . PROPOSED DRAINAGE AND I fTlI.lTY EASEMENT The westerly 10 teet. the southerly 10 teet and the easterly \0 feet of the tollowing described tract: The West \66 29 teet. as measured at a right angle to the west line thereof of: That part of the Southeast Quarter of the Northeast Quarter of Section 32. Township \\7 North. Range 2:\ West. of the Fifth Principal Meridian. described as tollows: Commencing at the southwest comer of the Southeast quarter of the Northeast Quarter of Section :12. Township J 17. Range 2J: thence East. along the south line of said Quarter, J5J teet to the westerly line of the right of way of the Minneapolis and St Louis Railroad. (n.k.a. Hennepin County Regional Railway Authority): thence North 49 degrees 02 minutes East. along said right of way line 658.5 teet to the point of beginning of the land to be described: thence North and parallel to the west line of said Quarter. 358 feet. to the center of the Smith Town Road: thence North 83 degrees East. along the road. 200 teet: thence South 84 degrees 05 minutes East, along the road 2144 teet to the intersection of the northerly line of said above Railroad right of way; thence along said line 547.0 teet to the point of beginning, EXCEPT that part subject to the road easement for Smithtown Road. PROPOSED DRAINAGE AND UTILITY EASEMENT: The westerly 10 feet and the southerly 10 feet of the following described tract: That part of the Southeast Quarter of the Northeast Quarter of Section 32. Township 117 North. Range 23 West. of the Fifth Principal Meridian. described as follows: Commencing at the southwest comer of the Southeast Quarter of the Northeast Quarter of Section 32. Township \17, Range 23; thence East. along the south line of said Quarter, J53 feet to the westerly line of the Right of way of the Minneapolis and St.. Louis Railroad ( n.k.a. Hennepin County Regional Railway Authority); thence North 49 degrees 02 minutes East. along said right of way line 658.5 feet to the point of beginning of the land to be described: thence North and parallel to the west line of said Quarter, 358 feet to the center of the Smith Town Road: thence North 83 degrees East, along the road, 200 feet; thence South 84 degrees 05 minutes East, along the road 214.4 feet to the intersection of the northerly line of said above Railroad right of way: thence along said line 547.0 feet to the point of beginning. EXCEPT the west 166.29 feet as measured at a right angle to the west line thereof, and EXCEPT that part subject to the road easement tor Smithtown Road. November 1, 1995 90170 Exhibit B . . I CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION DECLARING THE ADEQUACY OF THE PETITIONS FOR IMPROVEMENTS WHEREAS, the City has received petitions (the Petitions) requesting that the City allow the trunk water charge to be spread against the property for up to fifteen (15) years; and WHEREAS, the names of those petitioners and their associated plats or locations are as followings: 1. Brian and Darlene M. Fredrickson 2. Anthony Eiden, Abingdon Development 3. Alan Krutsch and Susan Prince 4. John W. Paulson 5. Anthony Eiden, Abingdon Development and Delores Tessier 6. Anthony Eiden, Abingdon Development Birch Bluff Lake View Addition Jaeger Addition Smithtown Road Eureka Road Smithtown Meadows Heritage WHEREAS, the City has reviewed the Petitions and identified the owners of the real properties abutting the streets named in the Petitions and determined that the Petitions have been duly executed by the owners of 100% of the frontage of the real property abutting on the streets named in the Petitions as the location of the improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Petitions are hereby declared to have been signed by the owners of 100% of the frontage of the real properties abutting on the streets named in the petitions as the location of the improvements. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. That the trunk water charge of $5,000 be levied against the property for up to fifteen (15) years for the above referenced Petitioners. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of November, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk tJ;3C- r"rt-h 6,$ LA~ \J",q..> PETITION FOR LOCAL UvfPROVE1\tIEt'-li ~ ", City of Shorewood State of Minnesota 23 October . 1995 To the City Council of Shore wood. Minnesota: WE. THE uNDERSIGNED OWNERS of the real property described as: (see Exhibit A. attached) hereby petition. pursuant to Nlinnesotu Statutes, Chapter 429. for the following public improvements: To allow the trunk water charg:e of $5000 to be spread against the prooerrv for UD to i 5 vears. . EACH OWi'iER FURTHER AGREES, in consideration of [he City action at our request to cause construction of me above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSL Y WANES OBJECfION to any irregularity with regard to the making of the ~~n.:en.t or a~sessmen.t or [he cos~ thereof;, waives. any c1~m that the amount (hereof levied against owner s property 1S exceSSIve; and waIves all nghts at appeal In the courts. 1. Date Signarure of Owner i () 12Zlq~ ,~ '~f,\L;r~N h2..E:DIL\('(.:.-x':h~ I'. ~' \. '\ ~ I .... I (i r " ~,\ \ '"'" r-: . 10 7:2 I:J \ Vt~ \~ . L \ ---'t - ..,~ :'\:'/\ \ ') AiL fNC: N\ rI2.Ei'~IQ,GtN J - ,-- Print Name of Owner Description of Property see Exhibit A. attached I . J. Examined. checked, and found to be in proper form and to be signed by the owner(s) of the above- stated quantity of property affected by the making of the improvement petitioned for. City Administraror/Clerk =::G:~3 ::" _~ 7::ac -'.-...-a.=-:: ,.~-_ _r.t"""'''.:: -, ,;:~..... 1 ~ - - - _ _ ___~ __, Lvi~~ ~~s~ O~ a ~~~e c=~rNn oarallel == a~c di~~~~: !0 :~~~ wes~ == =~= ~as~ l~~= ci sai= :~cs 7 anc ..:...~, '=~r"" :....:. ':,,: :'=c:,s 3, -;., !'Q anc.'l~ 32..,::c.tc a.~~ -- ~a.:-__-:/s :lc~~ -,; ..."'''''''' ;.' '_',_; __'_0,'-.. ~__1 '_'_':__.-. (- ,.oil'. I ___., ___,___.... _ , :-a.~~= ~Y!~~=~=r'-'<a.) _ ..~SG: :'::a:. =a=-= oe ~...:...cc;< 8, !.,:r:.::cr =:.as\:. c~ ::;"'0 ~x-~Ms~-n ~r= .: !:~~ ~--::N'- -"'I---:11.=ll -""'" ....... ....;..; __ _._ . ; :'_ ..._ __ _ _ .___ __,__...-:.. _....,... -.....1._ _ ___...__ '__: ,,_ =-.c:._._____ ~'.....,J a__c '__~,_,=L'._' _ _ ".~':.'- 'Nes,_ O;---Q -=Sl: 1 ,...... 0;- ~ccs I ;:-c:: '? :1_C:. -:-,....; _~.. ~..:J,...,...;~~I- ;...".- -:-. - ::.-:- ~":'"' -:--:.. -. -'- ~_.. ---'. -~'-. ........ _, c:......._ _..(__...__..;...;._= .:..__rrt ,__.;..e ~Tc__:!. 2..1.'::2 0::: ~.!...ocx: ~::.. :::: ::CUC::' l..i:::.::. of 3lock 3, all. 1..':;' Ma::.n's .~c":'.l..:i.cc. co 3i=:::: 3:"~.::. (:'a.~<= ,.M"_~_...__-_""_r-_"n.ov._=.', ;:,~-~,-_..._- ._-0 ...-,'.~__- .... -~. . _....... _=_...,.:.....:.~~_r= - =ec~r=e'=. pJ..a:: I:::e.=:~: I ~:!:.~ep!.~ C~u~cy, ~~~~=scc~. . .-- / I HE. A CQi}6 ?(2.C?~12:\1 TO /)l.V?~iLT'-( H ~b6EI.J .--- ,-- the .Y..u3 Dc III DE [). '/ri c- APt)c u?3' c..HA e~ E ~~', I L,-' L. (; rh C t-+ f i.u!\J L i!J \ ;\j OLU Dcsc.t/BEO 6/ f2J.2.H '6LLI F""F A'S: ADDrn ON I '6L ()(l_lL j HEtJj\0GPJf\J L.A K.~ll; ,c-vJ Lc"/ eLL.! I^0Ty' /') \ \ --<:... "-1'\ (( ) I''\".) kJ C ...)(, i II l' . , .---;-i'lAR-09-95 THU 11: 16 ...... ,.. - ",,,,,,"C.WU\lV P. 02 ,..."1 StateofMinnesoca To the <:ley Coun&J of Shorewood. Minnesota: ?El'110NFORLCCALlMPR0VEMEN7 ..A~'Jr """'_ City of Shorewood ;'1\ Pr...,.. eo\..... <g 19$ WE. THE UNDERSIGNED Owr-,"ERS of all or the real prope:!y descnOcd as: LoT I) tSl~k I A~d Cu1\oT A)IA-~e..... A-u1::"" ~ereby petition. pursuant to Minnesota. Staancs. ClaptCl" 429. for the following public UDprovemems: ~ U)~1r- 'm Pt-~'" ~ "'U\~ <;Dolt: ~jh ~j ......dA-v-V I I . EArn O~"E. FURTIiER AGREES. in consider.ttion of the City action at our !l::quest to cause constroction or the above-descrihed improveme:u. to pay sudl sums as may be determined by the City to be a fair and reasonable apportiOnmc:l1t of the costs of said improvement. O'WNER..EX?R.ESSLYW AlVES OBJECTION to the making of the improvement or assessment of the COst ~f: waives the right 10 a public bearing to consider'the improvements; waives any claim that the amount tb.ereof levied against owners property is excessive:: and waives 'ill rights of appeal in the courtS. L 2. 3. 4. . 5. .6. ~. 7. 3. 9. :to. Signarore Dan: of O~ !LI ." / 3-<g..qj A~A'?/ ~ CM/ . /' /' Print Name Descdotion of of Owner Properry 11b,?" fFue\'f M e:J QaWf>Ol:- ~~ (411 ~~ . Examined. checked. and found to be in proper form and to be signed by the owner of the aOOve-stated quantity of ~ affc...'"tl:d by the making of the ixnprove:D.e:1t petitioned for. City Admimstrator/Oerk -.0.--- ............. 4 ............, ,J".,.I""""..........uuvu VI Citv of Shorewood State of Minnesota PEITTION FOR LOCAL IMPROVEMENT .1\r ~ fH-i ~ (. 7Mr\ht~ ~J . 23 October , 1995 To the City Council of Shorewood, Minnesota: WE, THE UNDERSIGNED OWNERS of the real property described as: , Lot 91. Auditor's Subdivision No. 133. Hennepin County. Minnesota. according to the plat thereof on file and of record in the office of the County Recorder. in and for Hennepin County. Minnesota. hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: To allow the trunk water charge of $5000 and the water assessment of $5000 to be levied against the oropertv for up to 15 vears. . EACH OWNER FlJRTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY W AlVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date I~ 2>O~ Print Name of Owner Description of Property Alan Krutsch .' ~ ~ Susan Prince See above descriotion . "" :). 4. Examined, checked, and found to be in proper form and to be signed by the owner(s) of the above- stated quantity of property affected by the making of the improvement petitioned for. City Administrator/Clerk LHDL, LTD, 7-07-1995 15:07 PAGE 2/2 R.ight.~AX f'dJIt,l1I\ (6N:t~ u) PETITION FOR LOC-U ,m,lJ?ROVE:YlE:TI City of Shorewood State oi:.1in.nesota. .-. - ~..: I~~' , ,;.;.. i : ','- ; 99' , ,_ '_ f ...... . ;! . _ .J - .., , ._ _ t To the City Councilor Shorewood. i\1lnnesot3.: WE, THE l)NDE...~IGNED OWNE....~ of the rea! property described as: 7/ 11.': ",c /,;7"; I c..-: =: /::,--;:-;- c,.:: LL-~I I 2. /];_ '/) ;;cr./..t ~ .L:..,,;:i..l)II//~/'::;" / ,,//,; J':{:J, //~=:-^,Ir-./-"::"i.Ji,,' Cl.>:';,-J-:"/ /71/V', , , . hereby petition, pursuant to .Minnesota Statutes, Chapter 429, tor me following public lII1provements: ,~.. .". LC' . '- ,--" I' . -"""'" '1 .../' ,.. C/.'- Ir/ ,wL ./:. /J.H" I r";""J!:::: U't:.},~,-< rl.1:.,'J_,",!/- ,"'" I7D c: 0,:< :-, 'J () ,j {'u:::} ,......! "- -~'-I ,- - II t? c :::'Y? -;'\ / /.::::... : - ' / /) yC'lh2 <:. I .. '7'T ' t _ EACH O\VNE~ Ft.-RTHER. AGREES, in consideration oime City action at our req~st to cause COIlS""uucnon of tile aoove-Jescribed improvement, to pay such sums as may be determined by the Gty to be 3. fair and rea.svr.abfe apportionment of me costs of said unprovemem. OW0lE~ EXPRESSL Y W MVES OBJECTION to any irreguiarity with regard to t.he making of the improvement or assessment oithe cost thereor. waives any claim that me amount thereof levied against owner's property is excessive; and waives ail rights oi appeJ.! in the cour.s. - ~CI.I,,_' '"' t..t/- hi ~, Descriotion ofProoert'v' '"....' ;"..< r~1 . c/~ """"'-""- /'-"'''; i...c,lZ- I}'-'):rc';~ :5 C '3- ..). t.. ! ,:?~j - (/6"-1,..'/ C'N!f. ..: 1,.,1 . Date S.i.lZI1ature of Owner - /'" /1 t:: " ) I ~ 1.';:/2.. 3J(-i~- "lIt ,111' J ;jj / [' (, lLk<~..rJ \j . .., Prim Name of Owner t"'"'}.r.~~ 3, 4 Examined, checked. and found to be in proper form and to be signed by the owners of the above-stated quantity of property arreaed by the making of the improveme:1t petitioned tor. City Clerk 01196:9.01 OCT-23-9S NON 14:53 P. 02 --. ~~iWo.I""""~ PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota 23 OcTOber . 1995 To the City Council of Shorewood. Minnesota; WE. TIIE UNDERSIGNED OWNERS of the real property described as: Outlot A. and Lot 1. Block 1. Jae~er Addition. accordin~ to the recorded pIat thereof. Hennepin County. State of Nfinnesota. hereby petition., pursuant to ZvIi.nnesota Statutes.. Chapter 429~ for the following public improvements: To allow the trunk water char~e of $5000 per lot and the water assessments of $5000 per lot to be levied a~ainst Iou:; in the Smithtown Meadows plat for up to 15 vear.:;. . EACH OWNER FURTHER AGREES. in consideration of the City action at our request to cause construction of the above-described improvement. to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WANES OBJECTION to any irregulaJ.ity with regard to the m.aking of the improvement or asses~ment of the cost thereof; waive... any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courrs. Date Signature of Owner Print Name of Owner Description of Property r. j. Anthony Eiden for , ~...., Abin~don Development Corp. All of the above ./ 1.~0 l;?olores Tessier ... .). . 4. Examined, checked, and found to be in proper form and to be signed by the owner(s) of the above- stated quantity of propertY affected by the making of tbe improvement petitioned for. City Administrator/Clerk . . . OCT -23-95 MON 14: 53 P. 03 PETITION FOR LOCAL Th1PROVEMENT \\u~~ City of Shorewood State of Minnesota 23 October ,1995 To the City Council of Shore wood, Minnesota: WE, THE lJNDERSIGNED OWNERS of the real property described as: Herita~e. according to the plat thereof Hennepin County. State of Minnesota. hereby petition, pursuant to ,\-linnesota Statutes, Chapter 429, for the following public improvements: To allow the tronk water charQ:e of $5000 ner lot and the water ac;sessments of $5000 vet lot to be levied against lots in Herita~e for up to 15 v~_ EACH OWNER FlJRTHER AGREES, in consideration of the City action at our request to cause const..'lction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWl'l"ER EXPRESSL Y WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is ex.cessive; and waives all rights of appeal in the courtS. Date Print Name of Owner Description of Property .t\nthony Eiden for Ahin~don Development Corp. A IT of the above 3. 4. E.;'<:amined, checked, and found to be in proper form and to be signed by the owner(s) of the above- ~tated quantity of property affected by the making qf the improvement petitioned ror. City Administrator/Clerk .. "-. CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION ADOPTING ASSESSMENT IN THE MATTER OF BOULDER BRIDGE AND BADGER FIELD WATER SYSTEM IMPROVEMENTS WHEREAS, the City Council adopted Resolution No. 95-64 on July 25, 1995 establishing an assessment roll for the Boulder Bridge and Badger Field Water System Improvements; and WHEREAS, since that adoption the City has received several petitions requesting to levy the watermain trunk charge to a new development or inclusion in the water improvement project; and . WHEREAS, the City Engineer deemed it unfeasible to provide water to 5900 Afton Road with this project, and therefore the address has been removed from the original roll; and WHEREAS, certain amendments to the assessment policy have resulted in amended assessment for certain properties. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota: 1 . Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the final special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. . 2. All conditions which applied to the original assessment roll adopted on July 25, 1995 shall continue to apply to this final version. 3. The Clerk shall. forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of November, 1995. Robert B. Bean, Mayor ATfEST: James C. Hurm, City Administrator #3lJ Attachment to Resolution No. 95- Adopted November 13, 1995 De- Prepa~' Total Addn PID FirstOwner Addressl Cit~, State Zip ShorewoodAdcl ferred Recept Assess Code !Date ment $5.000 35460 29-117-23330008 James R. Koss 720 Main St Hopkins MN 55343 27040 Edl!ewood Rd $5.000 35460 29-117-23330009 John Koss 7695 E Flanders Auroka CO 80016 27060 Edgewood Rd 23970 $5,000 35460 29-117-23330010 Carol Regan 27090 Edgewood Rd Shorewood MN 55331 8/23/95 $5.000 $5.000 35460 29-117-23330012 Susan O'Donnell 27100 Ed!!ewood Rd Shorewood MN 55331 $5.000 35460 29-1 ]7-233300]3 Paul & E.M, Nelson 27120 Edl!ewood Rd Shorcwood MN 55331 $5.000 35460 29-117-23330014 David & Marv Leighton 27150 Ed!!ewood Rd Shorewood MN 55331 $5,000 35060 30-117-23440014 David and Kathleen Grove 5375 Howards PI Rd Shorewood MN 55331 $5.000 35060 30-117-23440017 Timothv and Marilvn Olson 27260 Ed!!ewood Rd Shorewood MN 55331 $5.000 35460 30-117-23440018 MFf Jnc.. % Dan 7900 Xerxes Ave S, #2200 Bloomington MN 5543] 27 ] 90 Edgewood Rd Boeckermann $5.000 34331 31-117-23 I] 0001 Rita Kehoe 5380 Howards Pt Rd Shorewood MN 55331 $12.500 34331 31-] 17-23] 10002 Howards Pt Marina 5400 Howards Pt Rd Shorewood MN 55331 2 Resll Comm wIant $10.000 3433] 31-117-23 ] I 0003 Arthur & Carol Rossberg 5935 Christmas Lake Rd Shorewood MN 5533] 5465 Howards PI RdI 2 houses 23947 $5,000 34600 31-] ]7-23 II 0005 Maud Wadsworth 5460 Howards Pt Rd Shorewood MN 5533] 8/2] 195 $5000 $5.000 34600 31-] 17-23 I] 0006 Scott Colesworthv 5480 Howards PI Rd Shorewood MN 55331 $5.000 34600 31-] ]7-23 II 0007 Donald & Janice Check 5490 Howards PI Rd Shore wood MN 55331 $5.000 34600 31-117-23 II 0008 Kenneth Hall 5510 Howards PI Rd Shorewood Mn 5533] 23857 $5,000 34600 3]-117-23 II 0009 Clare A Moore 5530 Howards PI Rd Shorewood MN 55331 8/1/95 $5.000 $5.000 35447 31-117-23 ] 10012 Diane Wiezek-Spaulding 5525 Howards PI Rd Shorewood MN 55331 24339 $5.000 34420 32-] 17-23 13 0011 Richard & Joan Whetston 26040 Smithtown Rd Shorewood MN 55331 11/3/95 $5.000 $5.000 34420 32-117-23 130013 Leonard & Julie Twetan 26300 Smithtown Rd Shorewood MN 55331 $5.000 00597 32-117-23 130029 Arden & Catherine Krueoer 26065 Smithtown La Shorewood MN 55331 , . . Attachment to Resolution No. 95- Adopted November 13, 1995 ..~" De- Prepa~' Total Addn PID FirstOwner Address! Cit), State Zip Shorewood A dd ferred Recept Assess Code IDate ment $5.000 00597 32-117-23 130030 Steven Melco 5770 Smithtown Cir Shorewood MN 55331 23983 $5.000 00597 32-117-23130034 New Apostolic Church of N 3753 Troy St N Chicago II 60618 5765 Smithtown Cir 8/24/95 America $5,000 23974 $5,000 34420 32-117-23 130036 Robert & Donna Balgard 26100 Smithtown Rd Shorewood MN 55331 8/23/95 $5.000 $5.000 34420 32-117-23130039 Matlhew & Kristin Trovak 5795 Grant Lorenz Rd Shorewood MN 55331 26270 Smithtown Rd $15.000 34420 32-117-23 140006 Alan KrutschlSusan Prince 25725 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23140022 Loren Pahl 25880 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23140023 Jack Swenson 25860 Smithtown Rd Shorewood MN 55331 X $5.000 35270 32-117-23 140024 Pearl Lawrence 25840 Smithtown Rd Shore wood MN 55331 $5.000 35270 32-117-23 140025 Michelle Dedon 25810 SmithlOwn Rd Shorewood MN 55331 $5.000 35270 32-117-23140026 Kevin Seamans 25780 Smithtown Rd Shorewood MN 55331 23954 $5,000 35270 32-117-23140027 Howard Voight, Jr. 25760 Smithtown Rd Shorewood MN 55331 8/2 1/95 $2.000 $5.000 35270 32-117-23140028 Mr. & Mrs. John Pearson 25730 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23140029 Dan Hiloers & Jodi Lenz 25700 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23 140030 ROl!er Devereaux 25670 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23140031 Paul Ga!!ner 25650 Smithtown Rd Shorewood MN 55331 $5.000 35270 32-117-23 140032 Marl!arel Lockovitch 25620 Smilhtown Rd Shorewood MN 55331 $5.000 35505 32-117-23 140036 Edward C. Landt 25900 Smithtown Rd Shorewood MN 55331 $5.000 35505 32-117-23140037 Crail! A Anderson 25920 Smithtown Rd Shorewood MN 55331 $5.000 34420 32-117-23140038 John Beck 25855 Smithtown Rd Shorewood MN 55331 $5.000 34420 32-117-23 140039 Rav & Patricia Olsen. Jr. 25775 Smithtown Rd Shorewood MN 55331 $15.000 34420 32-117-23140040 Brian J Ohland 25895 Smithtown Rd Shorewood MN 55331 $15,000 34420 32-117-23 140041 Clint Carlson 202 Penninsula Medicine MN 55441 25865 Smithtowll Rd Lake $5.000 04918 32-117-23 140049 Terrence McGinn 25985 Smithtown Rd Shorewood MN 55331 $5.000 04918 32-117-23 140050 James and Barbara Neitl!c 26000 Smithtown Lane Shorewood MN 55331 25965 Smithtown Rd l . . Attachment to Resolution No. 95-__ Adopted November 13, 1995 De. Prepay Total Addn PID FirstOwner Addressl Cit~, State Zip ShorewoodAdd ('erred Recept Assess Code /Date ment $5,000 32-] 17-23140053 Wallace Peck 25975 Wild Rose La Shorewood MN 55331 25980 SmilhlOwn Rd $5.000 34420 32-]17-23 ]40054 Tony Eiden Co. 4100 Berkshire Lane Plymouth MN 55447 $50.000 34420 32-] 17-23 140056 Tonv Eiden Co. 4] 00 Berkshire Lane Plymoulh MN 55447 $5.000 34332 32-117-23220002 Vernon C. Schwanke 26865 Ed!!ewood Rd Excelsior MN 55331 $5.000 34332 32-1] 7-23 22 0004 E. G. Wartman 26985 Edgewood Rd Shorewood MN 55331 $5.000 34332 32-] 17-23 220005 Carolyn Pesce/John Dubois 27015 Ed!!ewood Rd Shorewood MN 55331 $5.000 34332 32-1] 7-23 220007 S & K Snod!!rass 27135 Ed!!ewood Rd Shorewood MN 55331 24335 105.000 32-1 ]7-23220009 Tony Eiden Co. 4100 Berkshire Lane Plymouth MN 55447 Unassigned 11/3/95 $10.000 L9. B 2 24004 $5,000 04669 32-117-23 22 0011 Phyllis Lovrien 27095 Edgewood Rd Shorewood MN 55331 8/30/95 $5,000 105.000 32-117-23220012 TOllY Eiden Co. 4100 Berkshire Lane Plvmouth MN 55447 Unassi!!ned $5.000 35451 32-117-23230001 Rohert Ledin 5727 Juneau La N Plvmouth MN 55446 $5.000 34332 32-117-23240001 SieQfried Weissner 26780 Smithtown Rd Shorewood MN 55331 X $5.000 34332 32-117-23 240002 Roman Wartman 26750 Smithtown Rd Shorewood MN 55331 $5.000 34332 32-117,-23 240003 Charles Latterner 26710 Smithtown Rd Shorewood MN 55331 $5.000 34332 32-117-23240005 Dayid Parkhurst 26600 Smithtown Rd Shorewood MN 55331 $5.000 34332 32-117-23 24 0006 Neil Richards 26550 Smithtown Rd Shorewood MN 55331 $5.000 34332 32-] 17-23 24 0010 Edward Snyder 26640 Smithtown Rd Shorewood MN 55331 $5.000 34332 32-117-2324001 I Independent School Dist 26 J School Ave Excelsior MN 55331 Unassigned #276 $5.000 34332 32-117-23240012 Kevin & Lois Sheooard 26410 Smithtown Rd Shorewood MN 55331 $7.500 34332 32-117-23240013 Independent School Dist 261 School Ave Excelsior MN 55331 26350 Smithtown Rd #276 $5.000 34540 32-117-23310009 Waller & Melissa Luke 26825 Smilhlown Rd Shorewood MN 55331 $5.000 02807 32-117-233] 0018 Marv Smith 26575 SmithlowlI Rd Shorewood MN 55331 $5.000 02807 32-117-23310019 James & Kim Klancke 26525 Smithlown Rd Shorewood MN 55331 $5.000 02807 32-117-23 3 J 0020 Timothv & Lori Dosen 26405 Smithtown Rd Shorewood MN 55331 1 . . Attachment to Resolution No. 95- Adopted November 13, 1995 De- Prepay Total Addn PID FirstOwner Addressl City State Zip ShorewoodAdd fer red Recept Assess Code /Date ment $5.000 02807 32-117-23310021 Thomas Koov 26355 Smithtown Rd Shorewood MN 55331 $5.000 34540 32-117-23310024 Rohert & Linda McNutt 26675 Smithtown Rd Shorewood MN 55331 23949 $5,000 34540 32-117-23310025 Albert Hoops 26755 Smithtown Rd Shorewood MN 55331 8/21/95 $5.000 $5.000 34342 32-117-23 32 0011 Kenneth Ouast 5875 Afton Rd Shorewood MN 55331 $5.000 34420 32-117-23 42 0004 Tom Schmid 26245 Smithtown Rd Shorewood MN 55331 Una~silmed $5.000 35370 32-117-23420010 T 6: A Straka Leland 5825 Strawberry Lane Shorewood MN 55331 $5.000 35370 32-117-23420011 Glenn GiIlund 26275 Smithtown Rd Shorewood MN 55331 Una~sil!ned $5.000 35370 32-117-23420012 Glen Gi1Iund 26275 Smithtown Rd Shorewood MN 55331 23986 $45.000 34420 33-117-23120021 NSP 414 Nicollet Mall Minneapolis MN 55401 8125/95 $45.000 $32.500 35100 33-117-23120031 Shore wood Oaks Partnership 3055 Casco Pt Rd Wayza13 MN 55391 5540 County Rd 19 $6.250 35100 33-117-23 120032 Mark Sawyer 12481 Ridl!ewood Dr Elk River MN 55330 5580 Crv Rd 19 $3,750 34420 33-117-23120059 Kalter Development 1040 IDS Center Minneapolis MN 55402 5535 Gideons Lane $3.750 33-1 J 7-23 120060 Corporation 5525 Gideons Lane $3.750 33-117-23 120061 5515 Gideons Lane $3.750 33-117-23120062 5505 Gideolls Lane $3.750 33-117-23 120063 5495 Gideons Lane $3,750 33-117-23120064 5485 Gideons Lane $3.750 33-117-23120065 5475 Gideons Lane $3,750 33-117-23 120066 5465 Gideons Lane $3.750 33-117-23120067 5455 Gideons Lane $3,750 33-117-23120074 5510 Gideons Lane $7,500 34420 33-117-23130005 American Legion Post 259 24450 Smithtown Rd Shorewood MN 55331 ICO Gas, '5680 Cry Rd 19 $7.500 34420 33-117-23 130007 Dayid Johnson 5660 Count\' Rd 19 Shorewood MN 55331 $7.500 34420 33-117-23 130012 Thomas Sims 70 Birch Bluff Road Tonka Bav MN 55331 5620 Crv Rd 19 X $5.000 34420 33-117-23230004 David Rvan P.O. Box 42 Excelsior MN 5533] 25560 Smith town Rei $5.000 34960 33-117-23 230014 Donald Broman 25525 Smithtown Rd Shore wood MN 55331 l . . Attachment to Resolution No. 95.__ Adopted November 13, 1995 De- Prepa~' Total Addn PID FirstOwner Addressl City State Zip ShorewoodAdd ferred Recept Assess Code IDate ment $5.000 34960 33-117-23230027 Gregory Fox 1717 West 31st Street Minneapolis MN 55408- 25565 Smithtowll Rd 2506 $7.500 34960 33-117-23 23 0035 Lake South Automotive 25575 Smithtown Rd Shorewood MN 55331 $5.000 35120 29-117-23430026 Brian & Darlene Fredrickson 26115 Birch BluffRd Shorewood MN 55331 $5.000 34420 33-117-23230001 John W. Paulson 5615 Eureka Rd Shorewood MN 55331 Revised 11/9/95 '; . . ...,. - CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612)474-3236 MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 8 November 1995 Wartman C.U.P. 405 (95.34) Since the 23 October Council meeting at which Mr. Wartman's conditional use permit was preliminarily approved, Mr. Wartman has revised his garage plans, extending the structure two feet in length. Instead of 28' x 40' it will be 28' x 42' and contain 1176 square feet instead of 1120 square feet. This change is considered to be very minor, considering the size of the principal structure and the size of the subject property. The proposed resolution in your packet has been drafted to reflect Mr. Wartman's modified plans. . If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Tom Wartman 3. [, A Residential Community on Lake Minnetonka's South Shore -> CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO TOM WARTMAN . WHEREAS, Tom Wartman (Applicant) is the owner of real property located at 28120 Boulder Bridge Drive, in the City of Shorewood, County of Hennepin, legally described as: "Lot 1, Block 2, Boulder Bridge Addition"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 2448 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 29 September and 19 October 1995, which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 October 1995, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 23 October 1995, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (2448 square feet) does not exceed the floor area above grade of the principal structure (10,628 square feet). 2 . That the total area of accessory space does not exceed 10% of the minimum lot area for the P.U.D. Zoning District in which it is located (4,000 square feet). 3 . That design and materials of the garage are consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the Boulder Bridge P.U.D. . . CONCLUSION 1. That the application of Tom Wartman for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3 . That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of November, 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm City Administrator/Clerk - 2 - .'"1-. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR WOODSIDE 2ND ADDITION AND A SETBACK VARIANCE TO LE GRAN HOMES, INC. WHEREAS, LeGran Homes, Inc. (Applicant) has an interest in certain land (the Property) within the City of Shorewood legally described in Exhibit A, attached hereto and made a part hereof, and has applied to the Council for preliminary approval of a plat to be known as Woodside 2nd Addition; and WHEREAS, the Property is only 212 feet wide at the building line, necessitating a lot width variance to create two lots; and . WHEREAS, Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 27 September 1995, which Memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 3 October 1995, for which notice was duly published and all adjacent property owners duly notified; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 23 October 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT . 1. That the property proposed to be divided is zoned R-1NS, Single-Family ResidentiallShoreland and contains approximately 80,100 square feet of area. 2 . That the property is 212 feet wide at the building line and widens to approximately 352 feet at the shoreline of Lake Minnetonka. 3. That the Shorewood Zoning Code requires lots in the R-INS district to be 120 feet wide at the front setback line, and the proposed lots are 105 feet and 107 feet wide, requiring lot width variances of 15 and 13 feet, respectively. 4. That 26 percent of the lots within approximately one quarter mile of the subject property does not meeting the R-INS district lot width requirements and are as narrow as 70 feet. 5. That the lot immediately to the south of the subject property is only 82 feet wide. 6. That the configuration of the property is such that the lots taper from the lake side to the street side. 7. That at the lake setback each lot will have 165 feet of width. 5, F\ . . 8. That the average width for the two lots is approximately 135 feet. 9. That the buildable area for lot 1 will be approximately 15,600 square feet and the buildable area of Lot 2 will be 21,500 square feet. 10. That an existing nonconforming accessory building will be removed as part of the site development. CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B. That based upon the foregoing, the City Council hereby grants the Applicant's request for lot width variances of 15 and 13 feet for the proposed lots. C. That Applicant's request for preliminary plat approval of Woodside 2nd Addition is hereby approved. D. That such approval is subject to the recommendations set forth in the City Planner's Memorandum dated 27 September 1995, and the terms and conditions contained in the minutes of the Planning Commission meeting of 3 October 1995 on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of November, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 2 . . Lel:al Description: "That part of Government Lot 2, Section 31, Township 117, Range 23, described as beginning at the northeast comer of Lot 1, "Scotts Subdivision" in Lot 2, Section 31, Township 117, Range 23 West; thence northwesterly along a line which forms an angle of 30 degrees 32 minutes with the north line of said Lot 1 at the northeast comer thereof a distance of 5.66 feet to a point marked by Judicial Land Mark; thence continuing along said last described line a distance of 201.94 feet to a point marked by a Judicial Land Mark; thence continuing along said last described line to the shore of Lake Minnetonka; thence southwesterly along said shore to its intersection with the north line of said Lot 1; thence east to the point of beginning, Hennepin County, Minnesota." Exhibit A . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR McCARY ADDITION . WHEREAS, Thomas and Mary McCary (Applicants) are the owners of certain lands within the City of Shorewood and have applied to the Council for preliminary plat approval of a plat to be known as the McCary Addition; and WHEREAS, the Applicants' request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 28 September 1995, which Memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 3 October 1995, for which notice was duly published and all adjacent property owners duly notified; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 23 October 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the Applicants' request for preliminary plat approval of McCary Addition is hereby approved. 2. That such approval is subject to the following conditions: a. The Applicants must submit a final plat within six months of Council approval of the preliminary plat. . b. The Applicant must submit a revised grading plan showing driveway access not exceeding eight percent or resulting in disturbed slopes exceeding 3: 1. c. The plan referenced in b. above should also show how an additional two- car pullout can be located on Ridge Road, and how cars can turn around at the bottom of the driveway in order to exit the site without having to back onto Ridge Road. d. The Applicants' surveyor should show bluff impact zones on the preliminary plat. No structures shall be allowed within 20 feet of the bluff impact zone. e. Any building permit for a new home on Lot 2 will require a detailed grading and landscaping plan, showing existing field-checked contours and proposed contours. f. The new lot is subject to the following fees: 1) park dedication - $750; 2) sanitary sewer access - $1000; and 3) water trunk charge - $5000. 3, G\ .. . . g. The owners must enter into an agreement with the City stating that both lots will be subject to additional water assessments at such time as water is made available to the site. h. The City Attorney shall determine how items referenced in b. - f. shall be recorded with Hennepin County, so as to put future owners of the property on notice of the existence of the requirements. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of November, 1995. Robert B. Bean, Mayor AITEST: James C. Hurm, City Administrator/Clerk 2 - -. ~ LETTER OF AGREEMENT To the Shorewood City council, As a duly licensed attorney to practice law in the state of Min- nesota, I agree to perform all the duties outlined in the attached Joint Prosecuting Attorney position Description for the City of Shorewood upon appointment by the city council. ~ Further I agree to the following: Term of Em-plovment. The City employs Prosecutor as an attorney for a term beginning January 1, 1996 and ending on December 31, 1997 unless terminated under the termination paragraph. Expansion of Joint Services. If the prosecutor should begin prosecution services for other cities, the fee agreement shall be reopened to be examined whether the added efficiency would result in reduction of fees by the cities of Shorewood, Excelsior and Tonka Bay. Termination. This Agreement shall terminate as follows: a) By mutual agreement of the parties. ~ b) Upon the death of the prosecutor. c) If the City is dissatisfied with the performance of the prosecutor it may terminate the agreement upon 30 days written notice after which the City shall have no further liability to the prosecutor. d) In addition, the City shall have the right to terminate this Agreement immediately upon the occurrence of anyone of the following events: 1) The revocation or suspension of longer than 30 days of Prosecutor's license to practice law in the state of Minnesota. 2) The conviction of Prosecutor of any crime punishable as a felony involving moral turpitude or immoral conduct. jt3liI L Shorewood City Council Page Two Compensation: The City shall pay to the Prosecutor as compensation for his services $18,100 per year. Said fee paid by the City encompasses the entire amount owed, as prosecutor agrees to cover all expenses. The City shall pay prosecutor one twelveth of said annual amount each month upon receipt of invoice and report of activity. Entire Aqreement: Modifications: waiver. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modifications or amendment of this Agreement shall be deemed, or shall constitute, waiver of any other . provision, whether or not similar, nor shall any waiver con- stititute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. Sincerely, ~ Iliff Kenneth N. Potts II; 3 -7~ Date . ,- POSITION DESCRIPTION JOINT PROSECUTING ATTORNEY The City Councils of Shorewood, Excelsior, and Tonka Bay have recognized the merits of selecting one attorney to render joint prosecuting services. It is the intent of this position description to outline the duties of a prosecuting attorney appointed separately by the three city Councils. 1.1) Duties and Supervision. During the term of this Agreement, the Prosecutor agrees to perform the following duties: 1. Prosecution of all petty misdemeanor, misdemeanor and some gross misdemeanor offenses committed within the corporate limits of the cities. 2. Preparation of criminal complaints. . 3. 4. 5. 6. 7. . 8. 9. 10. Evaluate all cases where a plea of not guilty is entered. A. Prosecute if warranted B. Prepare pre-trial Rasmussen notice if required C. Seek a complete additional investigation if required D. Plea bargain where advisable Represent cities in all pre-trial motions. Perform all needed legal research and prepare briefs ,when required or advisable. Appear at arraignments. Try all court or jury cases. Appear at all pre-trials and trial meetings. Examine and evaluate whether a case should be appealed. Prepare appellate briefs and other necessary documents for all appeals and argue the case at oral arguments. 11. Make an accurate accounting of all hours spent by activity, at least monthly, to each City. 12. Provide advice, consultation anq training where required to the South Lake Minnetonka Public Safety Department, and to all other departments of the cities in the interpretation and enforcement of statutes or ordinances and investigations of suspected violations, in connection with the prosecution of criminal cases. 13. Performs other work as required for the proper discharge of prosecutorial duties for the cities. . APPOINTMENT OF BACKUP 2.1) The prosecutor agrees to provide all the prosecution services himself. That should he be unavailable through illness, vacation or calendar conflicts that Prosecutor shall designate another attorney as a backup with the approval of the City Manager. That the backup attorney may be an attorney from the Prosecutor's firm or outside the Prosecutor's firm. That in no event shall the assignment of a backup attorney result in additional charges or fees to the cities. CONFLICT OF INTEREST 3.1) Should a conflict of interest arise the prosecutor shall refer the matter to the City Manager and the City Manager will select an attorney to prosecute the matter. The prosecutor will aide in the selection of this attorney upon request of the City Manager. The City Manager will negotiate with the attorney to arrive at reasonable fee arrangement. These fees will be paid in addition to the agreed upon compensation set forth in the letter of agreement. . ERRORS AND OMISSIONS 4.1) The Prosecutor, at his own expense, will maintain an errors and omissions policy or malpractice insurance holding the city harmless for any alleged errors or omissions of the Prosecutor. . .. .. . . ,"". LETTER OF AGREEMENT IN REGARD TO FORFEITURES To the Shorewood City Council, The council has determined that it is in the best interests of their citizens that vehicles being driven by multiple OWl offenders be forfeited to city. I agree to pursue forfeiture actions as set forth in Minn. stat. 169.1217. This would include the following services: a) Filing the Summons and Complaint. b) Bringing the appropriate motions. c) Trying the case to the Court. d) Filing all appellate pleadings if necessary. c) Obtaining appropriate title so the vehicle can be sold or maintained as set forth in the statute. Compensation; The city shall pay attorney Kenneth N. Potts $70.00 per hour plus expenses, if any, to represent it in these forfeiture actions. Term of Emplovment. The City employs Kenneth N. Potts as the attorney to represent it in these forfeiture actions beginning January 1, 1996 and ending on December 31, 1997. Termination. Should the City discover that the costs of pursuing these forfeiture actions outweigh the benefits the city may terminate this agreement immediately. Sincerely, ~~.~ 'Kenneth N. 'Potts /1-. ~ -?'1 Date ~3lJ .' ,,'" L Medina prosecutor: Repeat drunken drivers more costly to prosecute By William P. Boudwyns . R:peat drunken drivers are more of a problem and are ore costly to prosecute than first-time offenders, Medina city prosecutor Steve Tallen says. "There are fewer first-time (OWl) offenders, which is great, but there are more repeat offend- ers-they take more time to pros- ecute," Tallen said while dis- cussing Medina's crime situation at the May 16 city council meet- ing. "We're seeing the same num- ber of offenders but a higher per- . centage of them are repeat offenders. We had a guy last week that had 13 OWls. The mul- tiple offender doesn't pay their way like the first time offender, who generally covers costs--they don't usually have any money so they usually get significant jail tim. " e. Councilmember Phil Zietlow asked where the city's DWI arrests are coming from. Police Chief Rick Rabenort said only 15 percent of arrests are actually res- idents of Medina. "Eighty-five percent of arrests are pass- throughs. Most are caught on Highway 55," he said. "We're in a unique position-we've got 55 and 101, and that's where we get most of our out-of-towners." Tallen said the tougher laws on DWls are discouraging some potential offenders. "It's getting tougher and that's good," he said. "Unfortunately,. the mu!ti- pIe offender numbers are costing more in time, and that's one rea- son my fees are increasing." Tallen's fees to the city have increased about 30 percent in Continued on page 14 . -. May 18, 1995 .- MeQ.ina Continued from page 1. f " 1995. He also cites the increasing ) ,use of double jeopa~dyand . appeals as time-<:onsuming tech- 1. nicalities people are using to delay drunk driving convictions. "The popular thing to do now is filing double jeopardy motions in cases of forfeiture (of property) in cases of drunk driving," he said. On the fourth OWl offense, the city can impound the vehicle. Several offenders are contesting . that policy on the grounds of double jeopardy-criminal penalties and civil penalties . (property) for the same off~. Zietlow suggested increasing license fees for bars that produce the most drunken drivers. "If these pass-throughs are coming from local bars, maybe we should look at increasing their licenSing fees," he said. "I'm not sure your licensing fees for bars can encompass potential illegal actions of its patrons," Tallen responded. He empha- sized the legal system's reluc- tance to make offenses a source of income. "We don't want to make this a revenue problem." . . ~ t6, par. (h), cl. (4), t that courts may ;- . 'cense revocations d forfeiting vehi- 1. "~e authority to ce in conformity or three prior . under section t of alcohol or a 'on 3, paragraph ns or two prior I' the influence arate incidents. 'cle" in section len or taken in , records of the ease agreement . -. n under section '(4); 2a, clauses . this state, or a .A prior driving ould have been subdivision 3. o the designated , 'gnated offense. n may be seized 'ction over the -~t in favor of the r- ." i ~ I I TRAFFIC REGULATIONS * 169.1217 the (3) the appropriate agen~y has. probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the vehicle. If property is seized without process under clause (3), the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible. Subd. 3. Right to possession vests immediately; custody of seized vehicle. All right, title, and interest in a vehicle subject to forfeiture under this section vests in the appropriate agency upon commission of the designated offense giving rise to the forfeiture. Any vehicle seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When a vehicle is so seized, the appropriate agency may: (1) place the vehicle under seal; (2) remove the vehicle to a place designated by it; (3) place a disabling device on the vehicle; and (4) take other steps reasonable and necessary to secure the vehicle and prevent waste. Subd. 4. Bond by owner for possession. If the owner of a vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the security or bond, the seized vehicle may be returned to the owner only if a disabling device is attached to the vehicle. The forfeiture action shall proceed against the security as if it were the seized vehicle. Subd. 5. Evidence. Certified copies of motor vehicle records concerning prior license revocations are admissible as substantive evidence where necessary to prove the commission of a designated offense. Subd. 6. Motor vehicles subject to forfeiture. A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense. Subd. 7. Limitations on forfeiture of motor vehicles. (a) A vehicle is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based. (b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the. _. party or lessor had knowledge of or consented to the act upon which the forfeiture is based. " (c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor took reasonable steps to terininate use of the vehicle by the offender. (d) A motor vehicle is subject to forfeiture under this section only if its owner knew or should have known of the unlawful use or intended use. Subd. 8. Forfeiture procedure. (a) A motor vehicle used to commit a designated offense is subject to forfeiture under this subdivision. (b) A separate' complaint shall be filed against the vehicle, describing it, and specifying that it was used in the commission of a designated offense and specifying the time and place of its unlawful use. If the person charged with a designated offense is not convicted of the offense, the court shall dismiss the compIaintagainst the vehicle and order the properly returned to the person legally entitled to it.. , If the lawful ownership of the vehicle used in the commission of a designated offense can be determined and it is found the owner was not privy to commission 'of a designated offense, the vehicle shall be returned immediately. I Subd. 9. Disposition of forfeited vehicles. (a) If the court finds under subdivision 8 I that the vehicle is subject to forfeiture, it shall order the appropriate agency to: (1) sell the vehicle and distribute the proceeds under paragraph (b); or I. (2) keep the vehicle for official use. If the 'agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for \ use by the agency's officers who participate in the drug abuse resistance education program. I 39 , j 1 j' . i~ s; ~: "' !' .j i ~.--..~~.----,,-.:::...~-_.....:-.:.~-- .#. .:,.....,.... "',.' ~ 169.1217 : _~_';,:....i::!i:'~~~"f~...-~.::!:r '-'--_.,,~"-'~.-..;-___ (". TRAFFIC REGULATIONS (b) The proceeds from the sale of forfeited vehicles, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training and education. If the appropriate agency is an agency of state government, the net proceeds must be fOIWarded to the agency for use in DWI-related enforcement, training, and education until June 30, 1994, and thereafter to the state treasury and credited to the general fund, Laws 1992, c. 570, art. 1, ~ 15. Amended by Laws 1993, c. 347. ~~ 8. 9; Laws 1994, c. 615. ~ 15. Historical and Statutory Notes 1992 Legislation Laws 1992. c. 570, art. 1, ~ 32, provides that ~~ 13, 18, and 19 are effective July I, 1992, that ~~ 1 to 12, 14 to 17, and 21 to 31 are effective January I, 1993, and apply to crimes committed on or after that date, except that ~ 16, par. (h). cl. (4), is effective April 30, 1992, and that courts may consider prior convictions and license revocations in sentencing repeat offenders and forfeiting vehi- cles under Laws 1992, e. 570, art. 1. 1993 Legislation The 1993 amendment, in subd. I, expanded the definition of "designated offense" in par. (b) by adding a paragraph including a violation of ~ 169.- 121, subd. 3. par. (c), el. (4); and, in subd. 9. par. (b), directed that the net proceeds from the sale of forfeited vehicles be forwarded to the agency for use in OWl-related enforcement, training, and ed- ucation until June 30. 1994, and only thereafter to the state treasury. Laws 1993, e. 347, g 23, provided in part that ~ 8 (amending subd. 1 of this section) was effective August 1. 1993, and applied to crimes committed on or after that date, and that ~ ,9 (amending subd. 9 of this section) applied to vehicles subject to forfeiture due to crimes committed after June 30, 1993, and before July I, 1994. 1994 Legislation The 1994 amendment, in subd. 9, par. (a), cl. (2), added a sentence requiring the agency, if keePing. a forfeited motor vehicle for official use, to make reasonable efforts to make it available for officers in the drug abuse resistance education program. Laws 1994. e. 615. g 29, provides in part that ~ 15 (amending subd. 9) is effective August I, 1994 and applies to crimes committed on or after that date. United States Supreme Court Excessive fines clause, applicability to civil for- feiture proceedings, see Austin v. U.S., 1993, 113 S.Ct. 2801, 125 L.Ed.2d 488. 169.122. Open bottle law; penalty [See main volume for IJ Subd. 2. Possession prohibited. No person shall have in possession while in a private motor vehicle upon a public highway, any bottle or receptacle containing intoxicating liquor or 3.2 percent malt liquor which has been opened, or the seal broken, or the contents of which have been partially removed. For purposes of this section, "possession" means either that. the person had actual possession of the bottle or receptacle or that the person consciously exercised dominion and control over the bottle or receptacle. This subdivision does not apply , to a bottle or receptacle that is in the trunk of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and passengerf? if the vehicle is not equipped with a trunk. . . " i Subd. 3. Liability of non present owner. It shall be unlawful for the owner of anyl private motor vehicle or the driver, if the owner be not then present in the motor vehicle, toi keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway any bottle or receptacle containing intoxicating liquors or 3.2 percent malt liquors which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compart- ment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. [See main volume for 41 40 "i?tDZ{f"~fi~~~f~;; ~:;':,~;:'-rj:0'~ . " ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM . TO: FROM: DATE: RE: FTI...E NO.: Planning Commission, Mayor and City Council Brad Nielsen 8 November 1995 Larson, Allen - Request for Vacation of Drainage and Utility Easements 405 (95.36) . Mr. Allen Larson, 4320 Dellwood Lane, requests that the City vacate the drainage and utility easements which extend through the middle of his property. Originally platted as two lots, the property was legally combined by Mr. Larson in 1992 in order to build a detached garage on the vacant westerly lot. Since the garage did not encroach into the easement, there was no need to vacate the easements at that time. Mr. Larson now proposes to expand his home, which is precluded by the existence of the easements (see Exhibit A, attached). Since the original lots have been legally combined, and expansion of the home will keep the lots from being resubdivided in the future, there remains no need for the drainage and utility easements in question. It is therefore recommended that the City approve Mr. Larson's request. A draft resolution based on this recommendation is included in your packet. cc: Jim Hurm Tim Keane Larry Brown Allen Larson A Residential Community on Lake Minnetonka's South Shore 5 ,- PLA T OF SURVEY F"OR: AL LARSON LOTS 2 & 3. BLOCK 1, ALBITZ ADDITION, HENNEPIN COUNTY ~~" t-J\II'\t\<'.'~':"'~' i'l ?' -~ ----~ r / 0,' w__ '0'08'.9--- ~ _ ~- .. r. =- _ ;~,; -,~0r'(-" ~ -,. '"'<!:(':::'l-~ -" . -.-f-r .., '-"";-i-r(V ,"'.... 1 / SURVEY UNE I I / / 1--- ~C'" '(Ov~ 929.~ "" ( 213,95 \ .;.-::. -- .- ,_ ..- __:_;..:..r:h..ae .. - ...;..--- ~:-;~ DRIVEWAY , " \ \ ,\o~v...'A :'x :)~.J6 ... <T 'S' .. .., ,':1 ~ % \' // ,/'\ / ) I -" -.--- . 9~5.07 - ~.' ~ , ~ / - RIlE ~., ~~u Y 1/ (_ .,NE: /. I :; ,.,....... , ,,- I ! '- ! ~ ~ - -~,~ ~~9~ 9~2 70 ~~~~~--~ ,. , "". LOT 3 . -).3:5,17 ~ .. ...r--'- 0,,,, , ....... 'l -),3.4J CESK /,..'" ,....... C ~ , .) ~-'-' ~4..~AJ( I / / / / ",'" / . 9...,.87 / ~'\ / 2 . / ~/ o ^- ...z {" :! ~ . ~.3~ --f ,{ , / . / '~ ! ! . ...../,3 EXISTING HOUSe: ( :" ..~ ,.,. 9<,;: j.'tIC,", :::,... v,,; _ ro~.. J ""f~}1.~,(' d i:>t.V K.' {('~~ I ,t L; +C - b( vL\L'i\t Qd _#T5.0A'" . (""\.. ~9ASS~~ -0 '7-0M '. ,)6>:'-.. _ '1.>> ~,Oo.~ ,......-----SURvEY '_'NE ~, '~' 'r.~ ~*' S..ORE LINE . ~'_:~.,~~ ~~.~ ___ ~. ,- ,--- ~,.;': .~..:::::-~- " - ~-- .' ,......."" 1'%-.5-0_' ~ ~ o -.....; ...-- ~ "1-"'AK /V .v t2-~ /. ~ " .) ~..;..; , , / :" II: 94.3.44 / I 1.1-' Hansen Thoro .g I Petlinen Olson I,.. J l) 0",1 de Su,......y ::"'7i"~ 7565 Offlc. .:tOdQ. -;:.- a::ten g."Qi..;e. ...... 5~': ':5'" "29-v7~C ~ ,~~~~. ~.:---\ -r.:' ':~.\ k ~ Uh~b<< A I CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION V ACA TING CERTAIN DRAINAGE Al'lD UTILITY EASEMENTS WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and utility easements in the City of Shorewood, Hennepin County, Minnesota, was published in the ExcelsiorlShorewood edition of the SUN'SAILOR NEWSPAPER on the 18th and 25th days of October 1995; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and . WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 13th day of November 1995, in the Council Chambers at the City Hall. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A, attached, be and hereby are vacated. BE IT FURTHER RESOL YED, that the City Oerk is directed to notify the County Offices in accordance with Minnesota Statutes. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of November 1995. Robert B. Bean, Mayor ATTEST: James Hurm, City Administrator/Oerk ~ " < . . . Description of easement to be vacated: The utility and drainage easements as delineated and dedicated on the plat of ALBITZ ADDITION, described as follows: The Northeasterly 10 feet of Lot 2, Block 1, ALBITZ ADDmON, lying Northwesterly of the Southeasterly 10 feet of said Lot 2, And The Southwesterly 10 feet of Lot 3, Block 1, ALBITZ ADDITION, lying Northwesterly of the Southeasterly 10 feet of said Lot 3. Exhibit A . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm -fi~ . FROM: DA1E: RE: Larry Brown November 9, 1995 Shorewood Oaks Drive IOak Leaf Trail Speed Study To be considered at November 13, 1995 City Council Meeting Note: This cover memorandum is being forwarded to residents without the attachments/traffic numbers. If residents want to review the reports, a copy will be placed at the front desk of City Hall. Back~round The City has received complaints regarding the relocation of stop signs to the intersection of Shorewood Oaks Drive and Oak Leaf Trail (refer to attachment 1). This report is in response to the City Council's direction. . Speed Study A speed study and traffic count were performed for Shorewood Oaks Drive and Oak Leaf Trail. This study begun on Wednesday October 25, 1995 and ended Monday October 30, 1995. Traffic was monitored for both number of vehicles per hour and speed on a continuos period throughout the duration of the study. The results of the study are attached for your review (refer to attachment 2). Results of the study indicate that the average speed on Shorewood Oaks Drive was 22 miles per hour with 11 vehicles exceeding 35 miles per hour. Similarly, the average speed on Oak Leaf Trail was 22 miles per hour with 3 vehicles exceeding 35 miles per hour. Traffic Counts The Minnesota Department of Transportation conducted a traffic count on the two roadways (refer to attachment 3). Traffic volumes averaged 394 vehicles per day on Oak Leaf Trail and 395 vehicles per day on Shorewood Oaks Drive. A Residential Community on Lake Minnetonka's South Shore #7 ... Based on the Institute of Transportation Engineers (ITE) Traffic Generation Manual, a typical single family home will generate approximately 11 trips per day on the average day. There are approximately 70 single family homes in the Shorewood Oaks Subdivision,. Therefore it is anticipated that 770 trips should be generated from this area per day. Based on the average daily traffic counts, approximately 790 trips per average are traveling through this area. A typical residential street will have an average of 250 and 500 vehicles per day. The roadways within the Shorewood Oaks subdivision fall well within this standard. Stop Si~ns and Speed Limits The traffic counts indicate that traffic is balanced between the two streets. Although the stop signs at the intersection of Shorewood Oaks Drive and Oak Leaf Trail do not meet warrants for placement, removal of the signs from this location may encourage any cut through traffic to use Oak Leaf Trail. Placement and relocation of stop signs should be kept to a minimum. Either one of these actions is cause for creation of accidents as driver's become accustomed to the presence or absence of a sign. Although the stop signs at the subject intersections are not warranted, the City Council may . opt to keep the signs in place to maintain a balanced traffic volume on the two streets. It is understood the residents would like to lower the speed limit of the roadway below 30 miles per hour. While the minimum statutory speed limit is 30 miles per hour, it has been suggested that the city remove the speed limit signs and install speed advisory plates prior to the curves in the roadway at 20 miles per hour where appropriate. Often driver's interpret these as the posted speed versus an advisory speed which cannot be enforced by an officer. Recommendations 1. Since both of the subject roadways show a balanced traffic flow, it is recommended that the stop signs at the intersection of Shorewood Oaks Drive and Oak Leaf Trail remain in their current position. 2. If the City Council desires, the existing posted speed limit signs would be removed on Oak Leaf Trail and Shorewood Oaks Drive and seed advisory plates with directional arrows will be placed prior to the sharp curves. Speed advisory plates would be posted at 20 miles per hour. . . I . RD L ,J rJ,J / J~ I_ "YfIT"flI\VlUlRHY cl:r~~~ I . ~ , (. >'1 d' 0: E.~' , 0: '?" 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I) o o I) I) I) I) I) I) l) i) i) o ;) I) f\ 'J ^ v ^ I) (; t;, Lvi. lel) ~~ .) ,'. l.l t) o I) ~ .J f\ " Q ^ ij I) i} I) o o o Q " IJ o o .,....,., l\.Mi e,,,: -.-'i o {) :) t) I} \) II IJ I) o Q I) I) ,) I) I) o ^ i.J () I) I) Q " OJ I) I) !\ 'J (. .,1 Q f\ " 11 OJ t') I) I) !) L) I) ij l\ IJ o ,\ "i G !'; 'J o (. u i) o o I) ~ t'.i\ iliV '..~ v I) 1} ~} 1\ lj " 'i ., '.I ., v \l I) i) o o ., ;1 ij _0 o i) I) v Q Q !) i) I) [) I) ., "...' \) ., '} " I} i) I) o I) I) o 1\ V I) t) I) I) o I' .J o I) ;) lOCi .; ....~. ~~. 1'....-.' I .'\",.f ~...... IIII-t." t I ~ _- ....-....-.... ~TART:iCiJ 10/25/95 10:31 EtID:1'!D.'i 10/30/95 12:00 ~ ~ 6! 68 $ m 71 n :-:;f'~ ~~i le ..... " 0: .. o d ,.,. A,..i 14 ." ~:..i H .... 17 16 19 ~V ~, ,;,l ~ ... ';;'.j ...ars I, . ~ islie ,\ .; ~ .. .,. ,J , 't 5 iI 7 . d 9 10 11 13 14 ." j,Joi .. ~O ,.. l! .ft iij 19 -''''If\ "",j "" ~L ."., ~ o i,', lli 11 1"1 u. lCJi? " '/ o 1) o l} I) I) I) I) o I) " '/ I) f\ V o f\ V I' ~ 'I [) 1\ \! o i) r, '~. 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I) I) ., Ij I) .\ 'I .\ IJ .\ Ij I} Q ^ V :) o I) l) 11\1\ ..LV'.' is I) I) I} I) I) I) .\ 'J o o o i) Ii 1) o I) o Q I) I} I) ,\ IJ ,\ Ii [} u ,\ i.) 100 1\ V ;) ^ v (l I} ,\ 0' o I) ^ v o j) I} r) o I) ., ij .\ ... I) I} o I} ., v " v ^ IJ ;1 ;M .l.'./" 76 I) Q I) I) I) I} [) o o I} 1\ IJ I) o I) o I) I) I) i) ., > OJ I) f1 OJ u () I) 100 1\ OJ ,\ :'j !) v t) I} .\ " (J !) I} I) I} 1\ '/ Q o o I) o I) ;) I) I) I} \.\ , 100 iI 1\ oj I) I) I) I} o ., IJ I) I) ,\ OJ I} I) I) o I) o o I} I} I) " " I) G ,'. i) ., ii 100 1\ :.; \) l) ., IJ I) I': '/ I) I) ^ v I) 0; I) I) " 'J I} " IJ I) l) o I) 1\. V i) I} I) ij 100 .... iO :) I) I) I) I} I} I) o I) I} I) I) I) I} I) I} I} I) 1\ '/ I} o I) i) ,\ " it .J leo f~ 'j ij i! ,\ Ij . 0 " 1/ I) ij I} I) I} {) I) " IJ I) I) I) I) I} o I) I) o 100 I) 100 i7 80 :) " 'I' I) I} I) [) I} I} I} 1\ lJ I} I} I) I) ;) o I} I} I} I) I) I) I} ,\ v I) o I) I) I) I} I} () I) I) l) I} I) " I} 1\ IJ i) . 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'oj ^ V ~) ti '. <) ......., :) ~} " '/ 1.; i) ij ij i) ^ iJ 1\ 'I ^ ... r) o i) o o o ij (. V ~ 1\ 'I , oj /\ ~j ':'1 ,\ " ~) . ;) o Q ^ ,. v o ,\ " II v f. .. o :) (I . :.J V o /\ 'l ij " 'i ;.' ....~ i} i! ij ,. 'oj " " ~j ., 'J ^ V " 'J ^ V i) ;) 1\ IJ o ., 1/ I) ^ 'J " 'I ., 'i o " ;; ." Ij ,'.'oJ /\ iJ il /\ V ,\ '/ 1\ " o (I (. ./ c~ !\ (I ., iJ ,., V " 'J f. '-i o (; /\ '! ;) (1 ,} :.: .. '-I ~:)[) ',- I} [) ;) ". 11 ., ij ^ ~} ,\ 'J ;.; " V o ^ V o " 'J o " V (I o ^ V ,\ 'J t, 'I o (l o "'.' '. :, ,. ,i f ., /\ iJ (j II V o ,/\ V o " 'J o ^ '/ o :) o ^ "oj o 1) ^ V o ,. 'J :j .. 'oJ ^ ~.I ~;~"., ~i o o li ,\ tj '. v o. " v o f. ij " iJ ^ v '\ " " .J () 'i ~ IJ o o f. '.I :) o ., t; o 'I 'I (1 ...;..! ;j , .J A \: o (: " V ij o ~ .j Q /\ 'i t, \- ., IJ o A :j ^ V ^ tj ,. .... A i) o v t. V o ..,,," .'\,.... (i il H " '.) I, il " 'j o " V 'j o ^ V ., IJ o t, " o ., 'J ^ 'J o (. '.' Q o :} n, -. " i) A Ii o ^ ., n V ., Ii (l ! ... t. V Q o ^ 'I o o o 1\ 'J ,. V . iJ ;) .'\ ' .j I. IJ " i} " V (1 :;,,;' f, Ij i) .^ V !~ 'i i.i !'~ .. (t Ii v I) ^ \I .\ "i i) ., IJ (I o o :) ,\ \' oj o I) (; ~.i '.I .:"\,.. .I........ ~ f " /\ IJ ,. Ii II ./ o f. ;.; o o I) Q o o fI '/ 1\ " o l) " IJ i} f. I} o t, .} .\ iJ ;) i,..;..j ....... o .. 1} ij ;j .^ ~.' Q o lj ., '} " II I) OJ o v o o o I) tl " !) Q ^ iJ .' 'J .r.,:" ..-.'... v ,. i" ~i t oj Q c ,. V o (i " l) o o ,. V Q .) !j . \! I) o !J ~[>) 0; ,.; ,\ \j t. \,.i " '/ 'j ^ ,} " V ^ IJ (I J " '/ o ^ '.' II o ., " :) :1 'I f. i.' I) o Ij .')'.J 4-: A IJ ~! , -.; (.. , 'i ., .. " ^ \' I) /\ V Q " "i o o o (I " IJ '.' 0; :j ...... t) t. V (i (} I) ,\ 'J ij <" ., o Ij t. i) I) r- IJ IJ f) ~ OJ o I) o ~... V .} .r..': .-.'..' i: \. . '..t (, -, ij I) II 'I ,. 'OJ r) " iJ .. oj ^ 'i (I " V o " V . t} ;) v oj .. . ~.; ...... ;....-., i.' ':--: v o .. i) c (i u 1) ., IJ o ., il o '/ " ..J !\ 'I \' . V o . '.' ! V i) (: :c<~ ... .'-.;' :) t\ ..i ;j '/ " II ., V ... 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ID County 'TtL .------------------------------------------------------------------------------- lwk Volumes o Graph of Daily Volumes by Day of Week ------------------------------------- o 100 200 300 400 500 +---------+------~--+---------+---------+---------+ J. 1 .' 1 ************************** 1t).....S 11\_ 1**************************************** 1**************************************** 1*************************************** J. ** **** *************************** .., ~ 00 f'Y'" 1. 1. . +---------+---------+---------+---------+---------+ o 100 200 300 400 500 . .--.. . ..-- ..---....---...- -- . A1T~u~eNr :; . -.NOV 02 '95 13:02 OSM MPLS, MN ~OplO.H 10-17-1995 P.5 *** Graph for Week of October 8, 1995 *** 14:52 Pg 1 -------------------------------------------------------------------------------- Data File: MI095001.PRN Lane(s) station : 000000000002 Direction : Id : 000000693830 Comm. 10 : City/Town : 5'Ol.9-~aoo County Location : )..(,030 Srlo~oo~ O,",\o!.S,. t:>~ -------------------------------------------------------------------------------- Dwk Volum~s ------- Sun 0 Mon 2 Tue 395 ~ Wed 3 7. T u 394 Fr.i 367 .at 0 . . ---_._..-...._..~.-...-'_._.._........ : 1-1 NeHh ,-wo v.)"" 01 Graph of Daily Volumes by Day of Week ------------------------------------- o 100 200 300 400 500 +---------+---------+---------+---------+---------+ 1 1 1*************************** /0:"'5 A '" 1**************************************** 1********************~******************* _ 1*************************************** 1 ************************************* 7:OQpl1-'\ 1 1 +---------+---------+---------+---------+---------+ o 100 200 300 400 500 Orr Schelen Mayer9n & AsSociates, Inc. 300 Park Place East 5775 Wayzata Boulevard Minneapolis, MN 55416-1228 612-595-5775 1-800-753-5775 FAX 595-5774 November 8, 1995 Mr. James Hurm City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Engineers Architects Planners Surveyors Re: Preliminary Surveys For 1996 Street and Water Improvements Dear Mr. Hurm: . On Monday night the City council decided to proceed with preliminary surveys for improvements scheduled for Smithtown Road, Eureka Road, Strawberry Lane, and Manor Road for 1996. As you know, optimum project scheduling dictates that the surveys should be performed prior to the advent of winter weather which effects the productivity of the surveyors and increases costs. The below listed estimates of preliminary survey costs have been developed in anticipation of weather reasonably free of deep snow, ice, and cold temperatures. If such conditions are encountered, costs could increase beyond those estimated. Our estimate is as follows: Total $ 2,880 $ 8,750 $ 6,250 $ 5,100 $ 980 $23,960 . Overall control surveys - Smith town Road - Eureka Road - Strawberry Lane - Mana Road - . . . We very much appreciate the opportunity to continue to be of service to the City of Shorewood. We will proceed with these surveys as rapidly as possible in order to take advantage of as much favorable weather as possible. Sincerely, . ORR-SCHELEN-MA YERON & ASSOCIATES, INC. R~' . ~ Q,~-Ql ~\J I) Edward J. De LaForest, P.E. Vice President c: Paul Hornby - OSM Ed Ames - OSM ce If H:\CIVIL\CEE\NM\EJD\ \ 10895JH Elwa; .... MEMORANDUM TO: . FROM: DATE: RE: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Mayor and City Council Jim Hurm Larry Brown November 9, 1995 ~. City of Shorewood Drug and Alcohol Policy Attached is the drug and alcohol policy as compiled by city staff. The City of Shorewood and all municipalities are required by new legislation to adopt a Drug and Alcohol Policy by January 1, 1996 for all commercial vehicle drivers. The city's snowplows and public works equipment fall under this category. Staff has received input from other agencies, and our own public works staff. We believe that this policy meets the requirements of the new legislation. The City Attorney's Office may have amendments after further review and as these policies are adopted and tested by various agencies. I will answer any questions the Council may have during the Monday night meeting. . A Residential Community on Lake Minnetonka's South Shore il=-9 CITY OF SHOREWOOD DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES FOR COMMERCIAL MOTOR VEHICLE DRIVERS A City of Shorewood value. . . "Respect for City employees who, with fair treatment, proper training, and a willingness to let them excel, will take pride in association with the City and serve the people well. " I. INTRODUCTION The following Drug and Alcohol Testing Policy and Procedures has been adopted by the City of Shorewood ("Shorewood" or "City") for its Commercial Motor Vehicle Drivers ("CMVD"). This policy implements the requirements of the Federal Omnibus Transportation Testing Act and the U.S. Department of Regulations. 49 C.F.R. Part 382. This Policy. in whole or in part. is subject to change. revocation. modification. or amendment at any time in Shorewood's sole discretion with or without prior notice. Shorewood also reserves the right to interpret this Policy at any time and in any manner it deems appropriate so long as such interpretation does not violate local. state. or federal law . - Copies of this Policy shall be distributed to all CMVDs and applicants for CMVD positions. Notice that this Policy has been adopted will be placed in a conspicuous location at the Public Works facility. This Polity will also be available for review during regular business hours at the Shorewood City Hall. II. APPLICABILITY This policy applies to all CMVDs and job applicants for CMVD positions for the City of Shorewood. III. POLICY STATEMENT \ A CMVD's involvement with controlled substances and/or alcohol can jeopardize the safety of others. jeopardize a CMVD's well-being. adversely affect job performance, and increase the likelihood of injuries and property damage. Therefore, Shorewood's goal is to establish a drug and alcohol testing policy to help prevent accidents and injuries resulting from the use of controlled substances by CMVDs in compliance with the State and Federal regulations applicable to commercial motor vehicles and CMVD's. IV. DEFINITIONS Accident. An occurrence involving a CMVO. operating on a public road which results in: a) a fatality; or b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle; d) an employee receives a citation for a moving traffic violation arising in an accident; and e) property damage in excess of $2,000. II B. No CMVD shall report for duty or remain On Duty when he or she uses any Controlled Substances or Alcohol, except when the use is pursuant to the instructions of a physician who has advised the CMVD that the substance does not adversely affect the CMVD's ability to safely operate a commercial motor vehicle. C. Any CMVD using a prescription drug which could potentially affect safety or the CMVD's job performance must immediately notify his or her supervisor of the drug the CMVD is taking, the name and address of the doctor prescribing the drug, and length of time the CMVD will be taking the drug. The supervisor will immediately notify the MRO. When in the MRO's opinion, after consultation with the prescribing physician, the CMVD's use of the drug will impair the CMVD's job performance or will create a threat to the safety of the CMVD or others, the CMVD will be deemed medically unqualified to operate a CMV, and will not be permitted to report to work. D. No CMVD shall report for or remain On Duty if the CMVD: (1) Tests Positive on a Confirmation Test for Controlled Substances, (2) Has an alcohol concentration of 0.02 or greater, (3) Reports for duty while having an alcohol concentration of 0.02 or higher, _ (4) Within four hours after using alcohol, (5) Is required to take a post-accident test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first, (6) Refuses to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion, or follow-up testing requirements, or (7) Is using alcohol. E. The distribution or sale of Drugs including, making arrangements during working time or on City property for the sale, purchase, or transfer of Drugs is strictly prohibited, even if the actual sale, purchase, or transfer of Drugs occurs during non-working time or off City property. F. All employees must notify the City Administrator of any criminal drug statute Conviction for a drug law violation occurring in the workplace. The notice must be given to the City Administrator no later than five (5) days after the Conviction. , G. Any person found to be in violation of this policy is subject to discipline up to and including discharge. Disciplinary actions taken pursuant to this policy are appealable pursuant to the procedures established in the Employer's personnel policy and rules or collective bargaining agreement. Nothing in this Policy limits or restricts the right of the Employer to discipline or discharge an employee for conduct which violates the Employer's policies or rules. H. All CMVDs must sign a receipt form acknowledging that they have received this Policy. It is the CMVD's responsibility to notify the City Administrator if he or she does not understand the Policy. 4 II VI. DRUG AND ALCOHOL TESTING A. General Rules. . 1. When Drug or Alcohol tests are performed, the testing will only test for the presence of Drugs or Alcohol and their metabolites. Other medical conditions will not be tested. All Drug and Alcohol Testing will be conducted by a laboratory certified under the Department of Health and Human Services "Mandatory Guidelines for Federal Workplace Drug and Alcohol Testing Programs," 53 FR 11970, April 11, 1988 and subsequent amendments thereto using the split sample method of collection set forth in 49 C.F.R. g 40.25(f). Split Urine Specimen. Split urine samples will be collected according to FHW A regulations. The employee will provide a urine sample at a designated collection site. The collection site person shall pour the urine specimen into two bottles (3 ml each) labeled "primary" and "split", seal the specimens, complete a chain of custody document and prepare the bottles for shipment to the testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine, the collection site person shall instruct the employee to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample, the testing shall be discontinued and the Employer notified. The MRO shall refer the employee for a medical evaluation to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the Employer may elect to not have the referral made and revoke the employment offer. . Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the Employer designated contact person. If the results are negative, the Employer is informed and no further action is necessary. If the test result is confirmed positive, the MRO shall give the employee an opportunity to discuss the test result. The MRO must review any medical records supplied by an employee to determine if a confirmed positive test is the result of the employee having taken legally prescribed medication. The MRO shall notify each employee that the employee has 72 hours in which to request a test of the split specimen at the employee's expense. The MRO will contact the employee directly, on a confidential basis, to determine whether the person wishes to discuss the positive test result. The MRO will review the confirmed positive test result to determine whether there is an acceptable medical reason for the positive result. The MRO shall verify and report a positive test result to the Employer when there is no legitimate medical reason for a positive test result as received from the testing lab. If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the employee directly, the MRO must contact the designated Employer contact person, who shall direct the employee to contact the MRO. If the Employer contact person is unable to contact the employee, the employee will be placed on suspension. The MRO may verify a test positive without having communicated directly with the employee about the test results under the following circumstances: a. The employee expressly declines the opportunity to discuss the test results. b. The employee has not contacted the MRO within five days of being instructed to do so by the Employer. 5 2. The FWHA alcohol test rules require breath testing administered by a BAT using an EBT. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If ~ employee attempts and fails to provide an adequate amount of breath, the Employer will dIrect the employee to obtain written evaluation from a licensed physician to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated Employer contact person. 3. All CMVDs asked to undergo Drug and Alcohol Testing will receive a consent form to complete. The consent form will state that the CMVD has examined Shorewood's Drug and Alcohol Testing Policy and Procedures, and will request that the CMVD list all prescription and/or over-the-counter medications which he or she has recently taken, and any other information which may be relevant or will explain a Positive Test Result. 4. In the event an alcohol test result over 0.02 but less than 0.04, the CMVD will be required to cease work. Accrued vacation or sick hours may be used at this time by the CMVD, subject to review and approval by the Designated Contact Person. B. Right of Refusal and the Consequences of Such Refusal. 1. All job applicants for CMVD positions and all CMVDs have the legal right to refuse testing for Drugs or Alcohol. . 2. The consequences of a CMVD job applicant's refusal to undergo testing is that the job applicant will be deemed unqualified and the conditional offer of employment will be withdrawn. 3. An existing CMVD who refuses testing for Drugs or Alcohol shall not be permitted to operate a CMV. Such refusal shall be treated as a Verified Positive Test Result and the CMVD who refused the testing will be deemed medically unqualified to operate a CMV. In addition, a CMVD may be disciplined for such refusal up to and including immediate discharge. C. Grounds for Testing. 1. Pre-Employment. Job applicants seeking employment for CMVD positions shall be . required to undergo testing for the presence of Drugs or Alcohol after they have received an offer of conditional employment. Prior to collection of the test sample, the job applicant shall be notified that the sample will be tested for the presence of Controlled Substances and Alcohol. Employment offers may be made contingent upon taking the required tests and withdrawn in the event that the test is refused or if the Initial Screening Test produces a Positive Result, is affirmed as a Positive Result by a Confirmatory Test and verified by the MRO. If the employment offer is withdrawn following testing, the applicant will be informed of the reason(s) for the withdrawal. The applicant must provide written authorization to the City of Shorewood to contact former employers to release any information related to previous results of Drug and Alcohol Testing, including but not limited to Confirmatory Tests, EBT testing or Initial Tests. 6 2. Reasonable Suspicion. A drug test shall be required, without prior notice, if the Employer has a reasonable suspicion that an employee has violated the provisions of this policy regarding Controlled Substances or Alcohol. The conduct necessary to require Testing must be witnessed by at least one (1) supervisor or official of the City who has received training in the identification of actions, appearance, or conduct of a CMVD which are indicative of Drug or Alcohol use. If feasible, two (2) supervisors who have received the aforementioned training should witness the conduct. The witness( es) of the conduct shall prepare and sign a written statement describing the observed conduct within 24 hours of the observed conduct or before the results of the test are released, whichever is earlier. . Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day the driver is required to be in compliance. If a reasonable suspicion alcohol test is not administered within two (2) hours following the observations, the supervisor shall prepare and maintain in the departmental personnel me a record stating the reasons the alcohol test was not administered promptly. If the alcohol test is not administered within eight (8) hours, the supervisor shall cease attempts to administer the test, and shall prepare/maintain the record listed above. All tests will be administered in accordance with the FHW A regulations. 3. Random Testing. CMVDs may be tested on a Random selection basis for the presence of Drugs or Alcohol. Random testing is unannounced. CMVDs will not be selected discriminatorily but at Random. Under the Random Testing selection process, there is an equal probability that any CMVD will be selected for testing. The number of Random tests conducted annually will equal or exceed fifty percent (50%) of the average number of CMVD positions within the consortium. Shorewood does not have discretion to waive the selection of any CMVD chosen on a Random selection basis. 4. Post Accident Testing. A CMVD shall be required to undergo Drug and Alcohol Testing as soon as practicable, but not later than 32 hours after an accident if the CMVD receives a citation for a moving traffic violation arising from the accident and if one or more of the following circumstances exist: 1. 11. . lll. IV. V. A fatality occurs; An individual injured in the accident immediately receives medical treatment away from the scene of the accident; One or more vehicles involved in the accident are required to be towed from the scene; Employee receives a citation for a moving traffic violation arising from an accident; or Property damage in excess of $2,000. 5. Follow-up Testing. Following a determination by a SAP that an employee is in need of assistance in resolving problems with Controlled Substances use and/or Alcohol abuse, an employee shall be subject to unannounced follow-up Alcohol and/or Controlled Substances testing as directed by the SAP. 6. Return-to-Duty Testing. Prior to returning to duty a CMVD who has had a Verified Positive Test Result must undergo a Return-to-Duty test with a result indicating a verified negative result for Controlled Substances and an Alcohol concentration of less than 0.02. 7 D. Test Results and Re-Testing. 1. Initial Negative Result. If the Initial Test evidences a negative test result, Shorewood will inform the CMVD in writing within three (3) working days after receipt of the test result report from the MRO. 2. Initial Positive Result. If the Initial Test evidences a Positive Test Result, the testing laboratory will run a Confirmatory Test. 3. Negative Confirmatory Test. If the Confirmatory Test is negative, the MRO will notify the CMVD in writing within three working days of receipt of the result from the testing laboratory . 4. Positive Confirmatory Test. If the Confirmatory Test is positive, the MRO prior to making a final decision to verify a positive test, shall contact the CMVD directly, on a confidential basis, to determine whether the CMVD wishes to discuss the test result. If the MRO cannot contact the CMVD directly, the MRO shall contact a designated management official who shall direct the individual to contact the MRO as soon as possible. The MRO may verify a test as positive without having communicated directly with the CMVD about the <test if the circumstances set forth in 49 C.F.R. ~ 391.97 (b) apply. If the MRO . concludes that there is a legitimate explanation for the confirmed positive test, the MRO shall declare the test negative. S. Verified Positive Confirmatory Test. If the MRO verifies the Confirmatory Test as positive, the MRO shall notify the CMVD that he or she has 72 hours in which to request a test of the split specimen. 6. CMVD Request for Test of Split Specimen. Within 72 hours after receiving notice of the Positive Result of the Confirmatory Test, the CMVD or job applicant for a CMVD position may notify the MRO of his or her request for an analysis of the split specimen at the CMVD's sole expense. If the CMVD is unable to contact the MRO to request an analysis of the split specimen within 72 hours due to circumstances set forth in 49 C.F.R. ~ 40.33(g) and the MRO concludes that there is a legitimate explanation for the employee's failure to contact the MRO within 72 hours, the MRO shall direct that the analysis of the split specimen be performed. E. Notification of Test Results. . 1. Notification to Shorewood of Test Results. The MRO shall report to Shorewood whether a CMVD's test was positive or negative and, if positive, the identity of the Controlled Substance or Alcohol level for which the test was positive. 2. Notification to CMVD and Job Applicants for CMVD positions of Test Results. a. Shorewood will notify an applicant of the results of a pre-employment Drug and Alcohol test. b. If a CMVD Tests Positive, the Designated Contact Person will notify the CMVD of the test result as well as the Controlled Substance or Alcohol for which the CMVD tested positive. 3. Copy of Positive Confirmatory Test Result. The CMVD or job applicant for a CMVD position may request in writing from the Designated Contact Person a copy of the Drug or Alcohol test results. 8 F. Consequences of a Verified Positive Confirmatory Test (or if applicable. a Positive Result of the Split Specimen). 1. A job applicant for a CMVD position who Tests Positive for Drug or Alcohol use will have his or her conditional offer of employment withdrawn. 2. A CMVD who Tests Positive for Drug or Alcohol use at any time is considered medically unqualified to operate a commercial motor vehicle and will not be permitted to report to work or remain on duty. 3 Before a CMVD who Tests Positive returns to duty, he or she shall undergo a Return to Duty Test with a result indicating a breath alcohol level of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use. 4. Employees shall be advised by the Employer of the resources available to them in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances. . 5. In addition, each employee identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a SAP to determine that the employee has followed the rehabilitation program prescribed. 6. If is it determined by the SAP that the employee needs help in resolving problems associated with alcohol misuse and/or controlled substance use, the employer will give the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The employee shall sign a release permitting the employer to monitor participation and compliance with counseling or a rehabilitation program. . 7. Discipline for a Verified Confirmatory Positive Drug or Alcohol Test may include immediate discharge of a CMVD; provided, however, prior to discharge, the CMVD is given the opportunity to explain a Positive Result of the Confirmatory Drug or Alcohol Test and request an analysis of the split specimen. If the analysis of the split specimen is negative, no action will be taken against the CMVD. If the analysis of the split specimen is positive, and if it was the first such result for the, CMVD the CMVD will not be terminated if he or she elects to participate, at his or her own expense, in a drug treatment or rehabilitation program. A CMVD who refuses to participate in the treatment or rehabilitation program or who fails to successfully complete the treatment or rehabilitation program (as evidenced by withdrawal from the program before its completion or by a Verified Positive Test Result during or after completion of the program), may be subsequently discharged. 8. A CMVD who Tests Positive or refuses to undergo Drug and Alcohol Testing when he or she has been involved in a fatal accident shall be terminated. 9. Available sick leave, vacation leave or approved unpaid leave may be utilized by the CMVD until a negative test result is obtained or until termination from employment. 9 G. Summary of Tests and Financial Responsibility 1. The Initial Test is done on a portion of the first half of a split specimen and is paid for by the City. . 2. The Confirmatory Test is done on a portion of the first half of a split specimen when the laboratory gets an initial positive result, and is paid for by the City. 3. A Retest using the second half of split specimen may be done at the request and expense of the CMVD. 4. The Return to Work Test is done at the direction of the MRO and must be negative to return to work. The initial return to work test is paid for by the City Any further tests will be the fmancial responsibility of the CMVD. Participation in any drug or alcohol treatment, or rehabilitation program beyond what is covered in the City's medical programs is the responsibility of the CMVD. VIII. RECORDS A. A CMVD may make a written request to see all infonnation regarding his or her lest resuits and . any documentation of discipline inflicted based upon those results. B. Shorewood will maintain all records required by 49 C.F.R. ~ 391.87 for a period of five years. C. CMVD test results will only be disclosed to the CMVD tested and to appropriate Shorewood officials. Further disclosure shall not be made without the written authorization of the CMVD. IX. EFFECT This Policy is intended to be in compliance with Minn. Stat. S 221.0313 and all applicable State and Federal regulations and nothing herein is intended to violate any Local, State or Federal law. Should any part of this Policy be in violation of Local, State or Federal law , the offending provision shall be deleted and the remaining parts of the Policy shall be in full force and effect. . Adopted by the Shorewood City Council on , effective January 1, 1996. 11/95 10 THE MINNESOTA COUNTIES INSURA1"1CE TRUST DRUG AND ALCOHOL TESTING PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT provides for the delivery of drug and alcohol testing services by the Minnesota Counties Insurance Trust (MCIT) for the City of Shorewood, " Member." . 1. SERVICES TO BE PROVIDED MCIT agrees to provide services to the Member in accordance with the drug and alcohol testing service provider contract or successor contract, the current contract is attached hereto and incorporated herein as Exhibit 1. MCIT is not obligated to provide such services should the drug and alcohol testing service provider contract be terminated or cancelled. . 2. SERVICE FEES The Member will compensate MCIT in accordance with the fee schedule in ARTICLE IV of Exhibit 1. MCIT will submit invoices to the Member on a monthly basis for services performed under this Agreement. The Member will provide payment to MCIT within thirty (30) days following receipt of invoice. 3. TERMINATION This Agreement may be terminated by MCIT or the Member upon thirty (30) day written notice to the other party. The Member will pay for services provided up to the date of termination. 4. MCIT ASSOCIATE MEMBER The City of Shorewood agrees to become an Associate Member of the Minnesota Counties Insurance Trust (MCIT) to be eligible to receive the services provided in this Agreement. The City of Shorewood assumes no liabilities or obligations as an lVICIT Associate Member except as set forth in this Agreement. The City of Shorewood agrees to pay MCIT an annual administrative service fee of One Hundred Twenty Five Dollars ($125.00) during the term of this Agreement. . . "" '" .., . . IN WITNESS WHEREOF, MCIT and the City of Shore wood have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below: MINNESOTA COUNTIES INSURANCE TRUST ) . .----;.........., l,--<-,/~ ,-./ (;( c 1.- I .. ~- Date: t' Coo j "1 - '1 \ J Director CITY OF SHOREWOOD Date: Attest: Date: - ~" -.. - SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 27th day of December, 1994, between the Minnesota Counties insurance Trust, Hereinafter referred to as MCIT, and Medtox Inc., Hereinafter referred to as . Medtox. . ,.'. ,,, 11 ARTICLE I PURPOSE 1 PURPOSE The MINNESOTA COUNTIES INSURANCE TRUST (MCIT) is a joint powers organization created pursuant to Minnesota Statutes Section 471.59 and 471.981. MCIT provides a means for Minnesota Counties and related entities to self insure workers' compensation, property and casualty and employee . benefits through a pooling arrangement. MCIT also provides its members with risk management services to help assure compliance with state and federal rules and regulations. MCIT desires to secure the services of Medtox to assist its members and members of the Association of Minnesota Counties (AMC) in complying with the federal rules for drug and alcohol testing. The purpose of this Agreement is to set forth the duties and obligations of the parties. ARTICLE II - SERVICE CENTER AND PERSONNEL . 2 SERVICE CENTER AND PERSONNEL 2.1 SERVICE CENTER Medtox shall maintain a principal Service Center in the State of Minnesota for coordinating the delivery of services provided under the terms of this Agreement. 2 2.2 PERSONNEL . . Medtox agrees to assign competent personnel to perform those tasks necessary to provide the services specified in this Agreement. Medtox shall make certain that its staff possesses the necessary professional background, experience and on-going training to provide the services described in this Agreement. MCIT will be advised of the identity and qualifications of all professional personnel providing direct services to MCIT. ARTICLE III - SERVICES TO BE PROVIDED 3 SERVICES TO BE PROVIDED 3.1 Collection Sites - Medtox shall establish collection sites/clinics throughout the state to collect urine specimens for drug tests. Medtox shall permit members to make independent arrangements with clinics as collection sites and allow such counties to purchase other services pursuant to this agreement. 3.2 SupplIes - Medtox will provide Members with all supplies necessary for the collection of urine specimens, including but not limited to, specimen bottles with instructions, labels, order forms, chain of custody forms and prepaid overnight courier supplies. 3 3.3 Testing laboratory - Medtox shall conduct an actual analysis of the specimen provided by the collection site/clinic, using an immunochemical method, to determine the presence or absence of the following drugs: 3.3.1 Marijuana 3.3.2 Cocaine 3.3.3 Amphetamines 3.3.4 Opiates 3.3.5 Phencyclidine (PCP). At the request of the Member, Medtox shall screen for additional drugs. Medtox will automatically confirm by Gas ChromatographylMass Spectrometry (GCIMS) all presumptive positive results from screening of the drugs named above. The level at which a positive result is confirmed shall be according to SAMHSA standards for the respective drugs. Medtox will report all test results to the designated Medical Review Officer within seventy-two (72) hours of receipt of the urine specimen. All results will be reported either negative or positive without numerical value. . . 3.4 Chain of Custody - Medtox shall maintain proper chain of custody controls during all testing and/or handling of urine specimens and proper chain of custody documentation. Medtox will retain custody of any confirmed positive specimens under proper chain of custody and secured refrigerated condition as per SAMHSA regulations. 4 . 3.5 Medical Review Officer (MRO) - Medtox shall arrange for Medical Review Officers to independently review drug test results received from the testing laboratory and report results to the member. The MRO shall protect employees from false-positive results due to collection or chain-of-custody difficulties, technical inaccuracies, or drug interactions. The MRO should ensure that no legitimate medical use of drugs gets reported to the member as an unacceptable positive result. Before reporting a positive result to the member, the MRO shall give the individual an opportunity to discuss the test result. The Medical Review Officers shall be licensed physicians. Medical Review Officer services shall include but not be limited to the following functions: 3.5.1 Receive and review test results from the laboratory. 3.5.2 Review certified copies of chain of custody forms. 3.5.3 Report negative results to designated member personnel. 3.5.4 Interpret positive results. 3.5.5 Conduct confidential medical interviews with positive tested individuals. 3.5.6 Consult with collection site and laboratory personnel. 3.5.7 Request quantitative results, if needed. 3.5.8 Order analysis of split specimen, if requested. 3.5.9 Determine whether positive tests are the result of prescribed or illicit drugs. 3.5.10 Report results of verified positive tests to designated member personnel. 3.5.11 Store all positive results for five (5) years. 3.5.12 Order blind specimen testing as needed. . 5 3.5.13 Assist members with post-accident testing requirements. The Medical Review Officer shall also assist members in conducting random, unannounced drug and alcohol tests. Unless changed by DOT, the total number of drug tests conducted each year must equal at least 50% of the safety-sensitive driver positions. Random alcohol testing must be done at a minimum annual rate of25% of the average number of safety-sensitive driver positions. These tests must be spread reasonably throughout the calendar year. Members should be given the opportunity to conduct the random selection through participation in pools or consortia, in which the number of drivers to be tested may be based on the total number of subject drivers by the pool. . 3.6 Alcohol Testing - Medtox shall assist members in the development of procedures to comply with federal and/or state regulation for alcohol testing. Such assistance shall include but not be limited to: 3.6.1 Designation of testing/collection sites. 3.6.2 Selection and procurement of Evidential Breath Testing Devices, if necessary. 3.6.3 Selection of alternative alcohol testing methods as allowed by federal or state . regulations. 3.6.4 Designation of certified Breath Alcohol Technicians. 3.7 Record Keeping and Reports - Medtox shall assist members in developing and maintaining records and preparing reports required by federal or state regulations. 6 These records and reports shall include, but not be limited to: 3.7.1 Verified positive drug and alcohol tests. 3.7.2 Refusals to submit to tests. 3.7.3 Required calibration of Evidential Breath Testing Devices (EBT's). 3.7.4 Annual calendar year summary. 3.7.5 Records related to the collection process and required training. 3.7.6 Negative and cancelled drug and alcohol test results. . . 3.8 Periodic Statistical Reports - Upon the request of the member, Medtox will provide, on a monthly or quarterly basis as requested by the member, a statistical report of the rest results during the reporting period, to include the following: 3.8.1 The number of specimens tested during the reporting period. 3.8.2 The number of specimens tested positive. 3.8.3 A breakdown of positive results, indicating the drug for which positive results were obtained. 3..8.4 A breakdown of results per test category; i.e., pre-employment, post-accident, random. 3.9 Expert Witness Testimony - Medtox will provide expert witness testimony if requested by the member. 3.10 Education and Training - Medtox shall provide education and training to members regarding their obligations under federal and state regulation. Medtox and MelT shall 7 agree to the number and location of training, as well as the content of the meetings. Meetings shall include both regional sessions and selected on-site member meetings. 3.11 Update of Rules and Regulation - Medtox shall inform and update members regarding any revisions to federal or state rules and regulations concerning drug and alcohol testing requirements. ARTICLE IV - COMPENSATION 4 COMPENSATION . Medtox shall be compensated in accordance with he following fee schedule: 4.1 Laboratory Testing Fees 4.1.1 Five Drug DOT Panel- $23.00 Inclusive drugs: Amphetamines, Cocaine, Opiates, PCP, THC (l00 ng/ml) 4.1.2 Drugs of Abuse Screens (non-DOT programs) 4.1.2.1 Five Drug Panel- $23.00 . Inclusive drugs: Amphetamines, Cocaine, Opiates, PCP, THC (100 ng/m1) 4.1.2.2 6-8 Drug Panel - $25.00 Inclusive drugs to be determined. 4.1.2.3 9-11 Drug Panel- $26.00 Inclusive drugs to be determine. 8 . 4.2 Additional Service Fees 4.2.1 Specimen Collection - $20.00 each. 4.2.2 Location and Coordination of Collection Facilities - No Charge. 4.2.3 Training and Continual Monitoring of Collection Facilities - No Charge. 4.2.4 Split Specimen Collection Kits - No Charge. 4.2.5 Automatic Identification of 6-Monoacetylmorphine - No Charge. 4.2.6 Automatic Separation and Identification of d & i Methamphetamine - No Charge. 4.2.7 Ability to Identify and Confirm UrinAide/Gluteraldehyde - No Charge. 4.2.8 Testing, Customer Service and Professional Staff Available 24-Hours a Day, 7 Days a Week - No Charge. 4.2.9 Customized Statistical Reports - No Charge. 4.2.10 Medical Review Officer Services, per specimen (includes random selection program) -ll..QQ. 4.2.11 Expert Witness Testimony. Phone Discussions - No Charlie. Subpoenaed testimony to support the integrity of results- No Charge beyond actual expenses. Expert testimony no directly related to the results in question - $1.25 per hour plus actual expense. 4.2.12 Employee Training - No Charge. . 9 4.2.13 DOT mandated supervisor training involving two (2) hours on substance and alcohol abuse recognition - No charge for up to Eight (8) training sessions. Additional Sessions bill at $1.000 per session. 4.3 Terms of Payment - Medtox shall submit invoices to MCIT on a monthly basis for services performed under this Agreement. Invoices shall itemize fees by MCIT or AMC member. MCIT will provide payment ~thin forty-five (45) days following receipt of invoice. Payment by MCIT does not waive MCIT's right to object to charges later found to be . Improper. ARTICLE V - RECORDS AND FILES 5 RECORDS AND FILES 5.1 MCIT Access and Ownership At all times during the term of this Agreement and for a period of three (3) years following any . termination or expiration, MCIT, its attorneys and other representatives, as authorized by MCIT, shall have access to records and files maintained by Medtox for MCIT and each MCIT member or applicant during normal business hours. All records, books and files relating to the operations and business ofMCIT are the property of MCIT. As custodian of these documents, Medtox shall comply with all applicable requirements of the Minnesota Governmental Data Practices Act, including but not limited to the requirements of M.S. 13.61 or similar state or federal laws. 10 5.2 Care of Data Medtox shall take all steps necessary to safeguard data, files, reports or other information from loss, destruction or erasure. Liability for cost or expense of replacing, or damages resulting from the loss os such data shall be borne by Medtox unless at the time of loss, said data was in exclusive custody of MCIT. 5.3 Confidentiality . Medtox agrees that information related to drug and alcohol testing services provided under this Agreement shall be kept confidential and shall be used only in connection with the performance of duties for members. In case of a conflict between this paragraph and the Minnesota Data Practices Act or similar state or federal law, the Minnesota Data Practices Act or similar state or federal law shall govern. . 11 ARTICLE VI - NON-COMPETITION AGREEMENT 6 AGREEMENT NOT TO COMPETE Medtox and its subsidiaries through the acknowledgment by signature agree during the term of this Agreement, unless waived by MCIT, and for a period of four years after termination of the Agreement, unless MCIT agrees in writing to a shorter period, not to compete in the State of Minnesota with MCIT or AMC by marketing or offering 1.) any similar program of coverage or services provided by MCIT or 2.) the services provided within this agreement to MCIT or AMC members who are or were members ofMCIT or AMC at any time during the term of this agreement. Medtox and its subcontractors agree not to use any records, files or date developed or maintained as a result of this agreement for any purpose other than to provide services listed in this . Agreement. . 12 ARTICLE VII - TERM AND TERMINA nON 7 TERM AND TERMINATION 7.1 Contract Term The term of this Agreement shall commence on October 1, 1994 and shall continue in full force and effect except as stated below until December 31, 1998. . 7.2 Termination Either party may terminate this agreement upon sixty (60) day written notice. MCIT may terminate this agreement immediately upon a major breach in service or duty by Medtox. 7.3 Renewal Rates Medtox will submit any proposed change in rates in writing to MelT sixty (60) days prior to the . date of termination. Rate change becomes effective on the date that it is accepted in writing by MelT; durin'g the interim, the old rate is applicable. 13 ARTICLE VIII. INTERPRETATION OF AGREEMENT 8 INTERPRETATION OF AGREEMENT 8.1 POOL BOARD'S POLICY In the event of any disputes or questions as to exact nature or extent of services to be provided under this Agreement, the parties hereto shall look to the record of the MCIT Board's policy decisions and other relevant facts and circumstances as the frame of reference for guidance and clarification as to said dispute or questions. . . . 14 ARTICLE IX. INSURANCE/INDEMNIFICATION 9 INSURANCE/INDEMNIFICATION . 9.1 Errors and Omissions - Medtox shall maintain errors and omissions liability insurance with limits of liability of at least $1,000,000. Medtox will continue to maintain such insurance with such limits during the term of this Agreement and will provide MCIT with certificates evidencing such coverage within thirty (30) days of the execution of this Agreement. Medtox shall notify MCIT within ten (10) days of any change or cancellation of errors and omISSIon coverage. 9.2 Other Insurance - At all times during the term of this Agreement, Medtox shall maintain General Liability, Automobile Liability, Fidelity and, Workers' Compensation. Certificates of insurance coverage shall be provided to MCIT upon request. . 9.3 Indemnification - Medtox warrants that Medtox's drug and alcohol testing policies, procedures and practices do and will at all times, comply with governmental laws, rules and regulations. In consideration of MCIT using Medtox's drug and alcohol testing program, Medtox agrees to defend, indemnify and hold MCIT and AMC and their officers and employees harmless from all loss, cost and expense (including court costs and attorney's fees) resulting from claims arising from the failure to comply with any applicable governmental laws, rules and regulations, and from any act or failure to act in 15 connection with Medtox's performance under this Agreement. MClT agrees to indemnify, defend and hold Medtox and its directors, officers, agents and employees harmless from any loss, cost and expense (including court costs and attorney's fees) to Medtox, arising Ollt of or resulting from MCIT's negligence with respect to the test results after they are received by MelT or AMC members from Medtox. 16 . . ARTICLE X. MISCELLANEOUS 10 MISCELLANEOUS 10.1 Certification - Medtox represents and warrants that it is in compliance, and will continue to comply during the term of this Agreement with federal and state laws, rules and regulations applicable to the licensure and operation of drug testing services. Upon request of MCIT, . Medtox agrees to provide MCIT documentation regarding licensure/accreditation. 10.2 Subcontractors - Medtox shall not subcontract any of the services which it is to provide without the express written approval of MCIT. . 10.3 Independent Contractor - Medtox is expressly forbidden to act for MCIT in any other capacity, or to represent itself in any manner as an agent ofMCIT, except under the terms hereof. During the term of this Agreement Medtox, and Medtox's employee(s), shall be considered and act as an independent contractor and shall not be considered as employee(s) of MCIT or AMC. Medtox shall furnish all labor required to perform the services and will have full control and direction over the method and manner of performing those services. 10.4 Authority and Freedom from Conflict - Medtox represents and warrants to MCIT that: 17 10.4.1 Medtox has the lawful authority to enter into this Agreement and is free of any obligation or restrictions that would prevent it from entering into this Agreement, create any conflict of interest or impede its performance hereunder. 10.4.2 Medtox will not enter into any other agreement, undertake any obligation or commit any act which would prevent its performance or limit the rights ofMCIT, AMC or their members hereunder. 10.5 Non-Waiver and Cumulation of Remedies - The failure by either party at any time to . enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. The remedies provided under this Agreement shall be cumulative and not alternative, and the election of anyone remedy for breach shall not preclude the pursuit of other remedies. . 10.6 Entire Agreement - This Agreement embraces the entire Agreement between the parties. No oral agreement or representation concerning this Agreement shall be binding. 10.7 Choice of Law and Venue - This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. Any action arising out of or relating to this Agreement, its performance, enforcement or breach, will be 18 venued in a state or federal court situated within the State of Minnesota, and Medtox and its sureties and guarantors hereby irrevocably consent and submit themselves to the personal jurisdiction of said court for such purposes. 10.8 Severability - Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this agreement so construed is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such . provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 10.9 Assignment - Neither Medtox nor MCIT may assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld, except that claims for money due or to become due to Medtox under this Agreement may without such consent be . assigned to a bank, trust company or other financial institution. 10.10 Amendments - This Agreement may be altered, extended, changed or amended in writing by mutual agreement of the parties hereto when dated and attached hereto without altering the other terms of this Agreement. 10.11 Notice - Notice to be given hereunder by either party to the other shall be in writing and may be effectuated by delivery of U.S. Certified Mail, Return Receipt Requested. Notice 19 hereunder shall be sufficient if properly addressed and made to: MEDTOX LABORATORIES 402 West County Road D St. Paul, MN 55112 MINNESOTA COUNTIES INSURANCE TRUST 125 Charles Avenue St. Paul, MN 55103 . . 20 -, . . IN WITNESS WHEREOF. MelT. Medtox have caused this Agreement to be executed by the person authorized to act in their respective nsunes on the date shown below: MlDnesota COUDtles lDsaraace TraIt JJf:~ ~ - ./ 1'ItIe: ~~I, .~ Dated: "b;,~ ~ ~ '?" I~ Ked.a lAltonto.....1ar. ~ DML\'" ~~~~~ .' - ''''-t}" . . lOt> .L;/ ". November 1, 1995 Mayor, Council, Jim Hum City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Gentlemen/Ladies, We would like to propose that the City of Shorewood would consider adding Smithtown Road from Eureka to County Road 19 as part of the proposed water project. This additional mile of construction (35) homes would complete a major trunk line which links a significant number of options for a proposed . FUTURE plan. Most homes on Smithtown Road have well systems that will need to be replaced relatively soon. By adding a major trunk line down Smithtown Road, local neighborhoods could vote to connect on an as needed basis. Christopher Street, the newest addition, perhaps would wait considering the newness of their well systems. Club Road, contains old well systems. The chance of developing lots does exist in this neighborhood. Star Lane, will be replacing their well systems prior to the completion . of the total water project. Wedgewood, is the most complex neighborhood regarding the water proposal. Both old and new construction will make this the most difficult area to work with. Let the neighborhood decide. Thank you and kind regards, ( Ii I / ...... () ~~\\A~ . '--\;U__! ( \ \cl(7!C)l l_ '---./ Mr. & Mrs. Timothy A. Knopik 24930 Smithtown Road Excelsior, MN 55331 Tel/Fax: (612) 474-7668 IO~ $"', f,~ I t.~~ -). .,Jft .. ... ',.. . . ~d0o be9\{)\.Q'ffS 00\0e" S~~v-.u0i ~IY\1\~~tQ .SS 53 \ ~\)O()E-mkJe(' b/ l ~c15 ,Shore L~ C~ tc\ ~ov.i)C\\ S7SS CO~{}t\~ tt2b ~~ccl Shore ~J:~ Y'\ ~IC S ute\. ~ s.~ 3 ) To Wh..\VYll:+ ~"vlc~ CO"C$\'YI~ I +- hQS CO YY'K m "':J G:T+ e nl-i D{\ .HYA -T u. u L."- h6...U e b<ee I ~o"slGk,\ VI:') rCAtt\\lj I v, ,clt~r+f'r. W,S ~:hG'(\ l'";'d I L 0 :,>t YYl'j4c.. YY11 [~ C<... Do c<~ .Y~ \\ -! Vl0'--0 ~ V\ c:Q oto I ( ~ \ S (VlO { ~ '-w~n \_~~ u~ :~~IV\~ {\~t-l, W h~ n \r-'~ tl ('S~ b.A tit G '-'- r (10 ",~.Q. b 'j C G.."S ~ "+' G0 Z yc,--t \ V\ (;... c-.)e II. '~~1.e. 0<r-cY1S -E S' ~~\ rb r''o-v<<-.\oee(\ clrtnd ~Gl~~We.- y.-'~ l~~~C\ ~~~~Jp~ vJitn itl~ CAm~{yt CtYlc\ ~~c\I"0 c+ 6'-\.{"\ ~,t(', 0 I v. -..rcuJ G\ \ I ~(.Q, t...l"f.;C^:0 \'e..C~ (J') de:- L'f''-~'(' d <<-. '- 'S I a n i 0 r lAt I VI C.11"j t:o.-\'2 \ ., 0" 'the ~ \ ''::) 0\ S hd(\Cc...Oao~. ~:$Yh -" C}\ \1$ ~ 'I. ~ ~S he C )") ... ,/''"'- .. November 7, 1995 5590 Woodside Lane Shorewood, Minnesota 55331 Mayor of S horewood 5755 Country Club Road Shorewood. Minnesota 55331 Dear Mr. Mayor: I live at 5590 Woodside Lane. I have well water in my home. I don't like the way the water tastes and it also stains the toilets and sinks. We have purified water in our basement, but every time I want a glass of water I have to walk downstairs. The City is . putting in city water on Howards Point Road, so it could easily be put down Woodside Road and Woodside Lane. More of the minerals are removed city water than well water. Therefore I think city water tastes better and will not stain the toilets and sinks. Sincerely, ~.cl .tfnr..l1ll-e..M Jessica Sharratt . i... i . CKNO 17125 17126 17127 17128 17129 17130 17131 17132 17133 17134 17135 17136 17137 17138 17139 17140 17141 17142 17143 17144 17145 17146 17147 17148 17149 17150 17151 17152 17153 17154 17155 17156 17157 17158 17159 17160 17161 17162 17163 17164 17165 . CHECK APPROVAL LISTING FOR NOVEMBER 13, 1995 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 24, 1995 TO WHOM ISSUED PURFQ3E SHOREWOOD PARKS FOUNDATIC CATHCART PLAYGROUND EQUIP. GOVERNMENT TRAINING SVC SEMINAR - JOE PAZANDAK KEN JARCHO INSURANCE LIQUOR UABILlTY INSURANCE LMCIT WORKERS COMP INSURANCE LEGAL COURIER COURIER SERVICE AT&T WIRELESS SERVICES AIRTIME MN STATE TREASURER BLDG. PERMIT SURCHARGE NATIONAL CIVIC LEAGUE ANNUAL MEMBERSHIP NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC US WEST COMMUNICATION BARBARA MILLER REFUND UTILITIES OVERPAY BELLBOY CORPORATION UQUOR BELLBOY BAR SUPPLY MISClSUPPLlES EAST SIDE BEVERAGE COMPANY BEEA/MISC GRIGGS, COOPER & COMPANY L1QUOR/WINE/MISC JOHNSON BRGS LIQUOR CO L1QUOR/WINE L1NDERHOLM TRUCKING FRBGHT PAUSTIS AND SONS WINE PHILLIPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE FIRST STATE BANK FED/FICA TAX PERA PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT-C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -G. SCHMID PERA NOVEMBER PERA LIFE INSURANCE MEDICA NOVEMBER HEALTH INSURANCE MEDCENTERS HEALTH PLAN NOVEMBER HEALTH INSURANCE GROUP HEALTH, INC. NOVEMBER HEALTH INSURANCE LEAGUE OF MN CITIES NOVEMBER DENTAL INSURANCE MINNESOTA MUTUAL LIFE NOVEMBER DISABILITY COMMERCIAL LIFE INS CO NOVEMBER LIFE INSURANCE AFSCME COUNCIL 14 NOVEMBER DELTA DENTAL MN DEPARTMENT OF REVENUE STATE TAX WITHHELD KATHLEEN HEBERT MILEAGE/SEC 125 REIMB HENNEPIN COUNTY TREASURER SEPTEMBER PRISONER EXPENSE JAMES HURM MILEAGE MADISON/MARQUETTE NOVEMBER RENT - L1Q 1 BRADLEY NIELSEN SEC 125 REIMB Page 1 AMOUNT $20,450.00 30.00 4,861.00 20,833.00 50.80 99.34 2,272.33 50.00 2,420.39 27.60 664.57 423.68 2,013.50 127.72 2,128.35 5,139.90 2,216.16 226.40 64.00 1,532.13 3,023.17 7,212.55 2,316.53 864.98 797.00 98.50 139.44 54.00 4,153.88 1,438.83 1,273.20 488.40 90.00 63.05 224.00 1,262.65 213.91 1,156.00 54.60 5,104.00 100.00 . CKNO 17166 17167 17168 17169 17170 17171 17172 17173 17174 17175 17176 17177 17178 17179 17180 17181 17182 17183 17184 17185 17186 17187 17188 17189 17190 17191 17192 17193 17194 17195 17196 17197 17198 17199 17200 17201 . CHECK APPROVAL LISTING FOR NOVEMBER 13, 1995 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 24, 1995 TO WHOM ISSUED Pl.JRPaX: NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK SEC 125 REIMB/MILEAGElPHOTO DANIEL RANDALL SEC 125 REIMB CITY OF TONKA BAY NOVEMBER RENT-TONKA BAY L1Q US WEST COMMUNICATIONs/ADVERTISING WASTE MANAGEMENT-SAVAGE WASTE REMOVAL BELLBOY CORPORATION UQUOR BOYD HOUSER CANDyrrOBACCC MISC GRIGGS, COOPER & COMPANY L1QUOR/WINE JOHNSON BROS LIQUOR CO L1QUOR/WINE PAUSTIS & SONS WINE PHILLIPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINElBEER RYAN PROPERTIES, INC. NOVEMBER RENT - L1Q 1/ BROWNING FERRIS IND. NOVEMBER WASTE REMOVAL MADISON/MARQUETTE MAINTENANCE-LIQUOR I METRO COUNCIL WASTEWATER OCTOBER SAC NORTHERN STATES POWER UTILITIES US WEST COMMUNICATION BILL BUKOVEC ESCROW RERJND . WALLACE KING ESCROWRERJND BELLBOY CORP. UQUOR BELLBOY BAR SUPPLY MISc/sUPPUES MIDWEST COCA-COLA MISC DAY DISTRIBUTING BEERlMISC GRIGGS, COOPER & CO L1QUOR/WINE JOHNSON BROS LIQUOR L1QUOR/WINE LAKE REGION VENDING MISC LEEF BROS. MAT CLEANING LEHMANN FARMS MISC MARK VII BEERlMISC NORTH STAR ICE MISC PAUSTIS & SONS WINE PHILLIPS WINE & SPIRITS L1QUOR/WINE/MISC QUALITY WINE & SPIRITS L1QUOR/WINE THORPE DISTRIBUTING CO. BEERlMISC TOTAL CHECKS ISSUED Page 2 AMOUNT 1,316.89 334.77 98.38 1,000.00 441 .00 203.00 3,189.01 206.88 4,133.10 4,354.73 59.50 1,651.79 2,706.27 2,576.88 27.00 30.00 3,366.00 1,196.35 162.02 100.00 250.00 1,930.14 151.05 176.30 5,215.50 5,294.56 2,139.05 323.38 25.17 108.63 2,339.80 90.00 227.00 1,920.41 1,040.18 If CITY OF 3HOREWOOD CHECK APPROVAL LIST FOR NOV. 13, 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION 17202 AT&T WIRELESS SERVICES P(:~GER 17203 BIFFS, INC. PORTABLE TOILET RENTAL 17204 BRAUN PUMP & CONTROLS REPAIR LIFT ST ~8 17205 C.H CARPENTER LUMBER Pf4RKS TRUCK SIDE BOARDS *** TOTAL FOR C.H CARPENTER LUMBER 17206 JRK, I1'-J.C GRASS SEED MANOR PARK 17207 CHASKA BUILDING CENTER REPAIR MAHHOLES ~7208 COORDIHATED BUSIHESS 17209 CROSSTOWN-OCS, IHC. SYST COPIER MAINT 10/16-1/15 COFFEE 17210 CROWH MARKIHG DEPOSIT ST(:~~1P 17211 DAVE PERKINS CONTRACTING '95 WATER PROJECT 17212 HARMOH GLASS & GLAZIHG REPLACE WINDSHIELD 17213 E-Z RECYCLING INC. OCTOBER RECYCLIHG 17214 FEED-RITE CONTROLS, INC. CONTAINER REHTAL 17215 FINA FLEET FUELING FUEL DEPT. AMOUNT 9.58 Pf:'iRKS & 45.44 SEWER DE 3,941.35 PARKS & 38.29 CITY GAR 119.68 157.97 1,301.30 SEIAlER DE 81.95 MUN BLDG 414.00 MUr.j BLDG 129.95 GEN GOVT 28..c,3 WATER DE 270,472.60 PUB l"iKS 29() Ie 3.~::( RECYCLIN 4,370.00 IAlA TER DE 50.00 CITY GAR 327.81 160.82 .7216 GARY'S 01 ESEL SEI~V I CE I NC SPARE T I F<~E .~ vJHEEL PUB IAlKS 17217 JIM HATCH SALES CO. HIWAY VESTS/GUTTER BROOM CITY GAR 17218 HENNEPIN COUNTY TREASURER POSTAL VERIFICATIONS 17219 HENNEPIN COUNTY TREASURER DATA FOR WATER PROJECT 17220 HOPKINS PARTS COMPANY EXHAUST ELBOWS ETHER & I"II I~E *** TOTAL FOR HOPKINS PARTS COM PAN 17221 KAR PRODUCTS ELEC WIRE/CONN/TAPE 17222 LABOR RELATIONS ASSOC. t'1ANUAL 17223 LLB HABITAT COMPUTEf~ ME~10RY 17224 LARKIN. HOFFMAN. DALY... SEPTEr1BER LEGf~L SEPTEMBEF<: U::G(.~L. SEPTEt-mER LEGi~L SEPTEi"1BEF,' L.EG{~L. "* * .*: T CloT ("; L r::' () F<~ tH ()f F~~ ~< I 1"..! 'J l'~l () :::' F~ ('1 (~; [,.j r-') ,:>'1 r', ,:;" '-Jr' ,:~',F T.... p ;:t.ge 3 316.13 GEN GOVT 17.28 IAlt-1 TEI~ DE 89.48 PUB l"iKS CITY GAR 78.96 47.37 31.59 CITY GAR 530.84 GEH GOVT 45.00 PUB IpJh.S 29~. . 00 PROF SER PF<~OF SEf~ 10,052.20 9::'';c1.. "7::) 162.:)() 7 ,,~:, l CITY OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 13. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT ________ .-----_.._._0______.------------- ___________________._____ ------__ -__________ 17226 LONG LAKE POWER EQUIPMENT WEED EATER RENTAL CITY GAR 106.50 17227 LONG LAKE TRACTOR/EQUIP PULVERIZER RENTAL 63.90 17228 MAHONEY, JAMES I/~EED SPRAY ING SANIT /ItoJA 1 , 927 .. 65 17229 MESSENGER EXCAVATING CATHCARTH PARKING LOT 2,380.00 17230 MIDWEST ASPHALT CORP. PAVE MANOR PARKING LOT f.,)SPHAL T VINE ST OVERU~Y *** TOTAL FOR MIDWEST ASPHALT CORP STREETS 6,46.5 .. 96 776. 6~L 1.5 ,140.. 7E:. 22,383..32 .""71 ..t::.....:;I. MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES GEt~ GOVT 163..90 1'7232 MINNESOTA PLAYGROUND, INC. MANOR WARMING HOUSE 2,S84.80 17233 MINNEGASCO UTII_ITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES *** TOTAL FOR MINNEGASCO WATER DE 80.41 WATER DE 117.52 -------- 16.09 WATER DE 48.23 CITY GAR 83.10 PARKS & l2..62 MUN BLDG 107.38 -------- 9~66 -------- 10.52 485.53 17234 MOODY'S INVESTORS SERVICE WATER GO BONDS I/J(; TEF~ DE 5,_ 200 .. 00 .235 WM. MUELLER & SONS, INC. CATHCART PARKING LOT .5, ::58c, .. 51~~ 17236 NAVARRE TRUE VALUE SMALL TOOLS CITY GAR 15.31 BLDG MAINT. PARKS & 6.99 SHOP SUPPLIES PARKS & 1.80 SHOP SUPPLIES CITY GAR 23.41 FREEMAN PK PICNIC TABLES -------- 70.23 *** TOTAL FOR NAVARRE TRUE VALUE 117.74 17237 NEENAH FOUNDRY COMPANY MANHOLE FRAME & LID SEWER DE 142.71 17238 NORTHERN STATES POWER UTILITIES-STREET LIGHTS TRAF CON 2,287..78 17239 NW ASSOC. CONSULTANTS INC HOUSING CONDITIONS SURVY PLANNING 1,_ 575.. 00 17240 ORR,SCHELEN,MAYERONjASSOC AUGjSEPT ENGINEERING AUa/SEPT ENGINEERING AUa/SEPT ENGINEERING AUG!SEPT ENGINEERING *** TOTAL FOR ORR,SCHELEN"MAYERON/ WATER DE 62j910.57 -------- 1~048N06 -------- 565w9() -------- 602.00 ~:.' .~) 'J 1.:2 (:. :~ .:':5 17241 PARRANTO ASSOCIATES. INC EXPERT WITNESS SF Page 4 1 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR NOV. 13, 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 17242 PETERSON ENVIRONMENTAL EXPERT WITNESS SERVICES PROF SER 1,624.40 17243 PITNEY-BOWES INC. POSTAGE MACHINE RENTAL MUN BLDG 97.4:::. 17244 POTTS, KENNETH N. OCTOBER U::GAL PROF SER .1,458.33 17245 SHOREWOOD TREE SERVICE REMOVE & HAUL TREES TREE MAl 939.00 17246 SHORT ELLIOTT HENDRICKSON EXPERT TESTIMONY(JOHNSON PROF SER 4,440.56 17247 SO LK MTKA PUB SAFETY DEP TRAFFIC OFFICER (JUL-SEP POLICE P 1,196.62 .248 SUBURBAN TIRE CO., INC. TIRE REPAIF~ PUB INKS 13.76 17249 SULLIVAN UTILITY SERVICES PUMP LIFT STATION SEI/.JER DE 476.99 17250 SUPERAMERICA FUEL CITY G(~F~ 667 . 76 17251 TIME SAVER OFF SITE SEC MINUTES t1INUTES *** TOTAL FOR TIME SAVER OFF SITE GEN GOVT 389.75 PLANNING 64.25 454.00 17252 TONKA AUTO AND BODY SUPP EQUIP. MAINT. '"')C' t....., ..::.~ 1_1 ,. 1.;.)' .~~~ 17253 TONKA BAY-CITY OF 95 SPRINKLER SYSTEM FEE CITY GAR 300.00 17254 TONKA PRINTING CO. ENVELOPE;:'; GEN GOVT 146.97 PUB WKS 168.27 315,.24 BUS I t~ESS Ci;~Fms -7";';:;<: ~..::....-,l.......l *** TOTAL FOR TONKA PRINTING CO. TWIN CITIES TREE TRUST V-BALL/PICNIC -FREEMAN 1,259.00 17256 UNITOG RENTAL SERVICES UNIFORMS CITY GAl.... 367,.97 17257 MN COUNTIES INS. TRUST ASSOCIATE MEMBERSHIP FEE ADMIN .1:25.00 17258 MN SUN PUBLICATIONS LEGAL PIDS 3.:'04 '72 *** TOTAL CHECKS FOR APPRO;vAL 421,205.66 *** TOTAL CHECK APPROVAL LIST 569.834.96 Pa2:e 5 , .. . CI"IEC:< C: ~"I f:: C: :<. r'y'p[ j)(:.iTE cm'i .Le) 51 <~ ~::, COivj 1() 7) ';~,1 "''', ,,-,).. - C:iJr"! 1') ,31 ) 5 COr"'! .LD 31 '~~j 5 CO""! 1 (' 7.' L <~ ~':', _o..J ...;;.1.. C1Jh 10 :51 .?_t~1 COf'i 10 3l '~)5 COf'i 1 () ,~,1 '~? ~'': -' COM 10 ~31 (t .5 cor.j 10 31 ,) 5 COM 10 3.1 9.5 C01'1 10 ~d, ~) ,~''::, COM 10 31 '?~5 COf'i 10 .31 'S"~ .5 COh 10 31 ~:?J .5 COf'i 10 ~z -1 '?~:r ',....'..1.. COf'i 10 ,.~l 1 ':.j.5 C()11 10 31 ~).5 COr'i 10 :3.1 ]::'/.5 COr": .10 31 '~) ,{::' COf1 L(" ';':-l (?5 .....l...l.. COi"1 1 (\ ,Y1 OJ ~l .'- -./ COM 10 :31 '?5 COf'i .L () ::)1 ').5 COM 10 31 ')5 COM 1.1) . L '~) .. -,..;.. C:Ol....i 10 31 (~-5 COr'i 10 .31 <~5 COf1 10 .3',1 ':;').5 COM 10 3.1 9 5 Cm1 10 :51 '9.5 COt'i .l() 3.L o:.~ ~ COM .10 31 S;j5 COh 10 31 S'/.5 COt1 10 31 95 COM 10 31 95 COM 10 3.1 9.5 C011 10 3.1 95 COM 10 31 95 COM 10 31 '9.5 . CHCC:f< r'.~1 I.:: C; I '-" T -- r-~l Cf'i::~'LO.yr::C: r"!(if'iE i'.1Uhj3EFi~ 110 CONNIC D. BASTYR 115 LAWRENCE A. BROWN 230 CHRISTOPHER f'i. CAREY 345 PATR:rCK c eRE'TAN 375 JODI A. DALLMAN .~:' () () c: :"ll~:i r:"< 1._ E::3 :~: co D ~~ \1 I S 775 JAMES C. EAKINS ~OO~ JOHN M. FRUTH 1105 KERI ANNE GRAF 1.160 STEPJ-iAN.[E AM ~~A8ER 1190 KATHLEEN A. HEBERT ~400 PATRICIA R. HELGESEN 1415 SHAWN D. HEf'iPEL 1550 JAMES C. HURM 1601 BRIAN D. JAKEL 1700 JEFFREY A. JENSEN 1800 DENNIS D. JOHNSON ~940 LOREN A. JONES 1950 MARTIN L. JONES 2100 WILLIAM F. JOSEPHSON 2500 SUSAN M. LATTERNER 2800 JOSEPH P. LUGOWSKI 2905 PAUL S. MARSO ?9SS CHRISTOPHER f'i. MCNEAL 3000 THERESA L. NAA8 3100 LAWRENCE A. NICCUf'i 3400 BRADLEY J. NIELSEN 3500 JOSEPH~. PAZANDAK 3600 DANIEL J. RANDALL 3615 TAf'iARA LYNN REED 3660 JEANNETTE h. RIESSELMAN 3675 SUSAN MM R:INE}~IMER 3701 BRIAN h. ROERICK 3800 ALAN J. ROLEK . 3900 CH~~ISTOPHER E. SCHMID 4575 REBECCA A. TARVIN 4600 BEVERLY J. YON FELDT 4750 RALPH A. WEHLE 4900 DEAN H. YOUNG 5000 DONALD E. ZDRAZIL * **:* T I] T ;':~lL ::;:;l<:::+::** Page 6 CHECl<. (!UMBER 209930 209931 2':)91932 2()9(.~33 209934 2()9'9:3-S 209936 209937 20':;'938 '2()9~:J3') 209'~?40 '209941 2()9<?42 209943 209944/ 2099....15 20994,~: 209947 209948 :2099t.l9 209950 209951 20~~9 52 20995:3 209954 "2 () '-? 9 .!.:I.S 2()~~")(i .56 209957 2()99.58 2()9? .:'f_;; 209960 209961 21:)9962 209963 209964 209965 209966 209967 209968 209969 CHECK. :~MOU1'1T '290 " 74 1:207.58 368.06 ~56.28 100.64 615..88 6.54 .. 63 36..2S) 49,,87, 2!,,70 609 .75 642.70 200.83 1619.93 86.20 790..68 797.18 125.7:2 2.S..S.7 632,,19 3.26.. 38 953,,60 71. " :38 1l2.21 687.94 894..78 836 .. ~53 1026.43 918.20 159.:25 72.03 66.50 107.22 11.13.8.1 4.1l.34 267.20 605.95 625 '4 28 656 _ ;:34 123.1 .. 35 2().l84 ,.. (~t'~