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010890 CC Reg AgP , ,- I . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 8, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA 7:30 P.M. 1. CONVENE A. Pledge of Allegiance B. Roll Call Mayor Haugen Brancel Stover Watten Gagne C. Review Agenda 2. APPROVAL OF MINUTES A. Regular Council Meeting December 11, 1989 (Att.No.2A-Minutes) 3. ANNUAL MEETING AND OFFICIAL DEPOSITORY - RESOLUTION NO.1-90 APPOINTMENTS TO POSITIONS AND OFFICES WITHIN THE CITY OF SHOREWOOD (Att.No.3-Resolution" No.1-90) 4. CONSENT AGENDA A. Accept Improvements - Resolution No.2-90 and Release Letter of Credit - Brentridge - Resolution No.3-90 Applicant: Dave Johnson (Att.No.4A-Letters and Resolutions No.2-90 & No.3-90) B. Sign Permit Location: Applicant: 19385 Highway 7 Harry Niemala for Echo Fields (Att.No.4B-Nemo) C. Request for "No Parking" Signs Location: Service Road North of Highway 7 between Lake Linden Drive and Highway 41 (Att.No.4C-Memo) D. Set Date for Local Board of Review - April 18, 1990, 7:30 P.M. (Att.No.4D-Memo) E. Request Extension from Metropolitan Council to Amend Comprehensive Plan per System Statement (Att.No.4E-Memo) -1- .. AGENDA - MONDAY, JANUARY 8, 1990 PAGE 2 5. COMMISSION REPORTS A. Planning Commission B. Park Commission 6. C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE - CONTINUED FROM DECEMBER 5, 1989 Location: Applicant: 5635 Christmas Lake Point Harley Feldman (Att.No.6-Memo) 7. SIMPLE SUBDIVISION/LOT COMBINATION Location: Applicant: 6060 Lake Linden Drive Bruce Prescher for Plumbline Builders (Att.No.7-Memo) 8. SIMPLE SUBDIVISION Location: Applicant: 5220 St. Alban's Bay Road Daniel Plowman (Att.No.8-Memo) 9. COST ESTIMATES - FEASIBILITY STUDY FOR SOFTENING AND/OR IRON REMOVAL PLANT S.E. AREA WATER SYSTEM (Att.No.9-Memo) 10. WEST SUBURBAN MEDIATION CENTER (Att.No.lO-Ivlemo) 11. MATTERS FROM THE FLOOR 12. STAFF REPORTS A. Attorney's Report 1. Resolution Approving a Set Back Variance Location: Applicant: 20680 Garden Road Robert Brown (Att.No.12A-1-Resolution No.4-90) 2. Resolution Approving a C.U.P. and variance to Build on a Substandard Lakeshore Lot/Setback Variance Location: Applicant: 4365 Enchanted Point Jeffrey Tronsor (Att.No.12A-2-Resolution No.5-90) -2- " AGENDA - MONDAY, JANUARY 8, 1990 PAGE 3 13. STAFF REPORTS - CONTINUED A. Attorney's Report - Continued 3. Resolution Approving a Conditional Use Permit Location: Applicant: 500 West Lake Street Minnetonka Portable Dredging Company (Att.No.13A-3-Resolution No.6-90) 4. Resolution Granting a Variance to Construct a Fence Location: Applicant: 5910 Cathcart Drive Robert Whelan (Att.No.13A-4-Resolution No.7-90) 5. Status of Widmer Lawsuit 6. B. Engineer's Report 1. C. Planner's Report 1. Cellular One - Mobile Phone 2. Mrs. G.F. Latterner - Status of Zoning Violations and Junk Violation 3. Edsell Goggins - 26960 West 62nd Street - Junk Complaint 4. D. Administrator's Report 1. Hennepin County Composting Sites Permanent Animal Control Contract - ~~ Second Fire Proof File from 1989 Microfilm Budget 2. 3. 4. Private Data - Executive Session 5. Extend Hours for Ginny Smith -3- CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MONDAY. DECEMBER 11. 1989 ~CIL CHAMBERS ~5 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:31 PM on Monday, December 11, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Absent: Also Present: Mayor Haugen, Councilmembers Brancel, Stover, and Brancel Councilmember Watten Administrator Whittaker, Attorney Froberg, Building Official Nielsen, Public Works Director Zdrazil, and Finance Director Rolek APPROVAL OF AGENDA Brancel moved. Gagne seconded. to approve the agenda with following additions and deletions: Item 17 - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE Harley Feldman - 5635 Christmas Lake Point - continued until the January 8, 1989 meeting because no representative appeared at the Planning Commission meeting. Motion carried - 4/0. APPROVAL OF MINUTES Brancel moved. Gagne seconded. to approve the minutes of the Council meeting of Monday. December 4. 1989. as written. Motion carried - 4/0. CONSENT AGENDA Gagne moved. Brancel seconded. to approve Item B - "Transfer of $23.325 from Liquor Fund to the General Fund" - motion carried - 4/0. RESOLUTION CONFIRMING 1989 BUDGET AMENDMENTS RESOLUTION NO. 104-89 Gagne moved. Brancel seconded. to adopt Resolution No. 104-89. "A Resolution Amending the 1989 General Operating. Water and Sewer Fund Budgets and Transferring Funds from the General Operating Fund to the Park Capital Improvement Fund". Attachment A was amended to show the transfer from the "General Operating Fund" of Park Consultant fees of $3.390 and Tennis Court Resurfacing expenses of $2.410. to the "Park Capital Improvement Fund". Motion carried by roll call vote - 4/0. -1- ~IJ REGULAR COUNCIL MI~S MONDAY, DECEMBER 11, 1989 Page two . FINAL BUDGET HEARING Finance Director Rolek explained that the notice the City published in the newspaper stated that the City tax levy was going up 29.5%. That will not mean a 29% increase per property owner. Most property taxes will stay very close to what they are right now. 18% of that increase should be absorbed by new construction, as the taxable value of the City is about 18% higher than it was last year. The balance of the increase is due to a shift in state aid from the City to the School District. School District taxes should decrease by an a@ount equal to the increase in state aid. Haugen explained we lost approximately $166,781 in state aid to the School District. Mr. William Fifer of 4920 Regents Walk said he read the increase as per property, and felt he couldn't sell his house if taxes went up that much. He said the majority of the people in his area have Florida license plates. Planning Director Nielsen and Finance Director Rolek explained how the tax base has grown. Stover explained that the City's share of taxes should not increase. Haugen said the citizens should complain to the School District and the County. Mr. W.T. Hannan of 4664 Bayswater Road said the comments heard have allayed some of his fears. He read increases from around the area and said the 29.5% certainly gets your attention. Rolek said different cities receive different amounts in state aid. Stover said one of the big things is the growth of the City, and because of the growth period there is a larger tax base. she said with growth you need more services but you also have more people to pay the expenses. She sP9ke of the per capity range and said Shorewood is basically in the middle of the range. Haugen said as the budget increases - the tax capacity also increases. She said this Council, as well as previous Councils, is fiseally conservative. Chris Celiscowski of 5735 McKinley Place asked how much taxes increase on a $200,000 home? Rolek said the City has not received these figures from the County; therefore, can't compute the tax change yet. Before the state aid shift the tax rate would have gone down, now it may go up approximately ~%. Dan Lewis of 5770 Covington Road said it sounds as if a shift may not take place. If the tax is raised and the shift does not take place, will there be a rebate to residents? Rolek said the shift will take place. The School District has to reduce the levy. It should balance out; but, until the tax rates come out, the City cannot compute the rate. Haugen said if the same rules are in place next year, the School District will have to again reduce their levy. Whittaker said the raise in taxes could be less than 5%. Haugen closed the public hearing at 8:07 PM. -2- REGULAR COUNCIL MI~S MONDAY, DECEMBER 11, 1989 Page three . Haugen asked for Council and Staff questions and comments. None were received. RESOLUTION ADOPTING THE 1990 BUDGET AND PROPERTY TAX LEVY RESOLUTION NO. 105-89 Gagne moved, Stover seconded, to adopt Resolution No. 105-89 - "A Resolution Adopting the 1990 General Fund Budget and Approving the 1989 Tax Levy Collectible in 1990". Motion carried by roll call vote - 4/0. Administrator Whittaker explained that there have been four formal meetings on the budget - two workshops and two hearings. He said if anyone has questions, they can come into City Hall and review the budget or ask questions. SETBACK VARIANCE Location: 20680 Garden Road Applicant: Robert Brown Stover said the Planning Commission vote was 6 in favor/l opposed. She said the property in question has two reasons for hardship, one is the wetlands and one is the poor soil. Stover moved, Gagne seconded, to instruct the City Attorney to prepare Findings of Fact and a Resolution granting the setback variance at 20680 Garden Road. Motion carried - 4/0. CONDITIONAL USE PERMIT TO EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE Location: 5635 Christmas Lake Point Applicant: Harley Feldman Postponed until next meeting as no one was at Planning Commission meeting. CONDITIONAL USE PERMIT AND VARIANCE TO BUILD ON A SUBSTANDARD LAKE- SHORE LOT/SETBACK VARIANCE Location: 4365 Enchanted Point Applicant: Jeffrey Tronsor Jeffrey Tronsor was represented by David Morse, his builder. He said they are asking for a minimal amount of variance. They are proposing tearing down a substandard structure that resembled a trailer, and replacing it. A 2' variance is requested. They are trying to improve the area. Stover said there were several people present at the Planning Commission meeting to represent the owner. According to Dale Pixler, the next- door neighbor, neighbors are strongly in favor of the change. She said the Planning Commission voted in favor - 4/3. Some Commissioners were opposed because they felt the structure could be moved back on the property, or a narrower structure could be designed. Other Commissioners voted in favor because they felt it was a major improvement, and the site lines would be consistent with the other homes in the neighborhood. Gagne moved, Brancel seconded, to instruct the City Attorney to prepare Findings of Fact, including the recommendations in the Planner's Report -3- REGULAR COUNCIL MIAs MONDAY. DECEMBER 11. 1989 Page four of November Variance to variance at . 29. 1989. and to draw a Resolution approving a C.U.P. and build upon a substandard lakeshore lot and a setback 4365 Enchanted Point. Motion carried - 4/0. REZONING AND CONDITIONAL USE PERMIT Location: 500 West Lake Street Applicant: Minnetonka Portable Dredging Company Planner Nielsen said if action is taken on this item tonight, the City Attorney should draw Findings of Fact and extend the current permit 60 days because the current permit expires January 1, 1990. Gagne asked Nielsen for a synopsis. Nielsen said in 1985-86, the City looked at the area in question and determined that it had evolved as lake-oriented service commercial. The original comp plan suggested that the whole area should be phased out of commercial and, someday, be restored to residential of some kind. Based on the Crepeau study, it was determined that there was a need for the kinds of activities located in the area. The lake dredging operation is the only one on Lake Minnetonka and, according to both the Planning Commission and the residents in the area, provides a service that is needed on the lake. The Comp Plan was amended to include a C-4 District which recognized the uses in that area. A lot of these uses were grand fathered in. The dredging company came into City Hall in February, 1989, and requested a text amendment to the Zoning Ordinance to include the dredging company in the C-4 District. That was approved as a C.D.P.in the C-4 District and included a lenghty list of conditions. Later this year they applied for rezoning to C-4 and a C.D.P. pursuant to the ordinance amendment done earlier. In addition to the conditions imposed with the text amendment, additional conditions were added. Two thoughts were kept in mind by the Planning Commission - the fact that it is an existing operation that serves a valuable purpose on the lake, and that being the type of business it is, total screening is impossible. The Planning Commission added an additional 5 conditions at their December 5, 1989 meeting. Stover said Minnetonka Portable Dredging Company had been a good neighbor. However - there may be other owners in the future; so, it is important to put everything in writing. They have been very cooperative and have agreed to rearrange the parking lot, and to resurface it to a 9 ton design. The applicant informed the Council that they do not have a clear permanent easement to County Road 19 over the Hennepin County Regional Railroad Corridor - they only have a license to use the road, not pave it, but they think they can work out an agreement within a year. Haugen said paving would allow run-off to the lake. Nielsen said that crushed rock is nearly as impermeable and also allows sediment to run into the lake. The City Engineer should recommend how drainage to the lake should be handled. Haugen expressed concern over the cables to protect the landscaping. She wanted to be sure they would not affect the snowmobiles. -4- REGULAR COUNCIL MINtIlS MONDAY, DECEMBER 11, 1989 Page five . Minnetonka Portable Dred~in~ Company - continued ORDINANCE NO. 220 Brancel moved, Stover seconded, to waive the second reading, and to adopt the Ordinance to amend the zoning map to put the property known as Minnetonka Portable Dredging Company at 500 West Lake Street in the C-4 Zoning District. Motion carried by roll call vote - 4/0. Brancel moved, Stover seconded, to instruct the City Attorney to prepare Findings of Fact and a Resolution to approve a C.U.P. contingent upon inclusion of the conditions listed in Planner Nielsen's report dated November 29, 1989, plus those conditions listed in his staff report of October 30, 1989, plus the additional conditions listed in the Planning Commission minutes of December 5, 1989. Motion carried by roll call vote - 4/0. Stover moved, Gagne seconded, to extend the current Conditional Use Permit for a period of 60 days starting January 1, 1990. Motion carried - 4/0. Item I 10 was deleted from the a~enda WATER AND SEWER BUDGETS - 1990 RESOLUTION NO. 106-89 Gagne asked if Munitech is on a yearly contract? Finance Director Rolek said it is a two year contract and there is one year left. Gagne moved, Stover seconded, to adopt Resolution No. 106-89 "A Resolution Approving the Water and Sewer Budget for 1990". Motion carried by roll call vote - 4/0. METROPOLITAN SYSTEMS STATEMENT In response to Stover's question, Whittaker said it could be significant: sewer capacity, changing traffic assignment zones, implementation of different highway plans, the effect of light rail on the City. Nielsen said in terms of transportation, it recommends the City base its planning on the Corridor Study. Stover asked about sewer problems. Nielsen said they have basically been solved, the Lake Anne and Lake Virginia Interceptors have been corrected, and sewer problems have been resolved. Nielsen said it is important to stress the population and household projections because the Met Council estimated 6000 people by 2010 and we are almost there now. Haugen said she would like the results of Metropolitan Waste Control Commission's "I & I Study". Gagne moved, Stover seconded, to have Staff send a response to the 1988 Systems Statement to Metropolitan Council. Motion carried - 4/0. -5- REGULAR COUNCIL MI4:S MONDAY, DECEMBER 11, 1989 Page six . 1990 - 1991 AGREEMENT WITH AFSCME LOCAL 224, COUNCIL 14 Gagne moved, Stover seconded, to approve the Union Agreement with AFSCME Local 224, Council 14, and to authorize the Mayor and City Administrator/Clerk to sign it. Motion carried - 4/0. MATTERS FROM THE FLOOR None REPORTS Planner's Report None Finance Director's Report FICA Contribution - Bill Josephson Finance Director Rolek said he is waiting for a determination from IRS to see who pays. Appointment of Auditor for 1989 Audit - Abdo, Abdo & Eick Brance1 moved, Gagne seconded, to appoint Abdo, Abdo, & Eick to do the 1989 Audit. MOtion carried - 4/0. Public Works Director's Report Lighting in Manor Park Public Works Director Zdrazil explained he had received one estimate for lighting on the pond at a cost of approximately $1000. Zdrazil would like permission to look into other options. He said two residents have requested lighting. He also said he had to put plywood on the floor of the temporary warming house to protect the floor at a cost of $80 for 8 sheets. He said the ramps were also in place. The Council felt $1000 was too much to pay for something that serves a temporary (1 year) warming house. Brancel moved, Gagne seconded, to approve up to $400 for lighting for Manor Pond. Motion carried - 4/0. Stover felt it important that the ramp and entryway be lit for safety's sake. The Council discussed wood vs. metal railings for the ramp. They left the choice up to Zdrazil. Attorney's Report Final Contract with City of Chanhassen - 1990 Animal Control Attorney Froberg said the Council should consider the Pound Contract and the final contract with the City of Chanhassen. He talked to Don Ashworth, Chanhassen's Administrator, who encouraged the City of Shorewood to look elsewhere. Gagne asked why? Froberg said the Chanhassen is not entirely in favor of getting into the animal control business. -6- . REGULAR COUNCIL MINUTES MONDAY. DECEMBER 11, 1989 Page seven . Attorney's Report - continued Animal Control - continued Stover said she had talked to Chief Young about SLMPSD doing animal control. she said they don't want to do it, but will if necessary. They would have to discuss what they could and could not provide. Administrator Whittaker said he had also talked to Chief Young. there was a meeting this morning with other City Administrators from Victoria, Excelsior, Greenwood and Tonka Bay. He referred to the two other alternatives that were proposed last fall: the city of Mound and the City of Minnetonka. They will be meeting with the City Administrators from these cities this week. He said the biggest thing with SLMPSD is that they would be starting from scratch and the cost would probably be the same as contracting with Chanhassen. Brancel referred to an article on the City of Champlin. she said they pay the fines to the aminal control officer.. .he then instructs the uwners with problem dogs to take them to training sessions to learn how to keep them quiet. The Council liked this idea. Administrator Whittaker, Stover, and Brancel will work on the problem. Stover said the City may have to come up with an enforcement concept. Brancel did not feel patrol is adequate. Stover said more hours should be considered. Gagne said the police appear to be reluctant. Attorney Froberg said the Chanhassen Veterinary Clinic has now become part of the Waconia Veterinary Clinic. the Waconia Veterinary Clinic has asked Shorewood to sign a contract with them. Their agreement is essentially the same as Chanhassen's agreement but they have raised the daily impound fee from $8.25 to $9.25, and have raised the euthanizing fee from $15 to $25. The contract can be voided with 30 days notice from either party. if it is not being used, there is no charge. Gagne moved, Stover seconded, to approve the contract with the Waconia Veterinary Clinic, P.A. and authorize execution of same. Motion carried - 4/0. Continuation - Findings of Fact and Resolution Approving a Simple Subdivision and Lot Width Variance for Phyllis Lovrein of 27095 Edgewood Road Stover moved. Gagne seconded, to continue this issue to January 8, 1990 per the request of Ms. Lovrein's attorney. Motion carried - 4/0. Continuation - Findings of Fact and Resolution Approving a Fence Height Variance for Robert Whelan of 5910 Cathcart Dr. Gagne moved. Stover seconded. to continue this issue to January 8, 1990 when the information will be in the packet. Motion carried - 4/0. -7 - . ' REGULAR COUNCIL MEE.G MONDAY, DECEMBER 11 989 Page eight . Administrator's Report Composting Yard Waste Administrator Whittaker said he attended a meeting this morning and received a new proposed resolution. Any City that did not identify a "composting transfer station site" in their City, that could potentially be used as such, or a valid agreement with another City that they will be using their "composting transfer station site", will then be responsible for their own composting program. The County has to identify a composting process by the end of March and must have a site in place by April 15, 1990. They need three l~ to 3 acre sites to transfer yard waste from packer trucks into bigger trucks that will haul it to the County composting sites. Whittaker said this will be a 3-5 year program, after that they expect to have a permanent County site where all these things will be taken thrua different collection system. He had two suggestions, one is looking for a Public Works site that would tolerate the approximately 50 truck loads a day, and offering a three year lease, or getting the Lake Communities together to form a Committee to search out a site. The Council agreed with both suggestions and asked Whittaker to work with the other City Administrators. Logo for Council Chambers Whittaker has not been able to reach Mr. Kinghorn and has not received stain samples from Mr. Hunter, so this item will be on the January 8, 1990 Agenda. Excelsior Fire Contract Gagne moved, Brancel seconded, to accept the continuation of the Excelsior Fire contract until the new contract is drafted. Motion carried - 4/0. The Commission discussed the efficiency of the Excelsior Volunteer Fire Department. stover said they have a high rating. Haugen siad they are adequate, and doing a very good job. Brancel said they are constantly training. Monthly Reports will be part of the next contract. Whittaker said he thinks it will be an improved contract and there will plenty of time to review it. CDBG Housing Rehab Loan Program Repayment Agreement Brancel moved, Stover seconded, to authorize the Mayor and Administrator to sign the loan repayment agreements for two Community Development Block Grant Rehabs for Ruth M. Pulvermacher and James Keefer. Motion carried - 4/0. Census Whittaker received a call from the u.s. Census Bureau who said the City will have the official results by the end of December. Gagne said to be sure to get it to the State before January 2, 1990. I & I Study Whittaker referred to the response drafted by the City Engineer and asked if there were any questions or concerns? There were none. -8- . . REGULAR COUNCIL MEEr.A:i MONDAY, DECEMBER 11 :-F'989 Page nine . Administrator's Report - continued Cost Estimate - Associated Consultants Inc. for Iron Removal Whittaker said a consultant called this morning and asked if he could give a cost estimate for a feasibility study on an iron removal plant for the S.E. Area. Whittaker said he thought it would be necessary for the whole Council to consider this. Gagne said he had talked to the gentleman and he didn't see any problem~ with it. He had been at the last meeting. His company has municipal engineers. The Council agreed to review their proposal. R.S.V.P. for Christmas Party Whittaker asked for R.S.V.P. 'so COUNCIL REPORTS Rental Housing Code Brancel asked about this. comments. Nielsen said it in January. Whittaker said he has not received Watten's will come before the Planning Commission Planning Commission Joint Meeting Stover reminded the Council that they would be attending a joint Study Session with the Planning Commission on January 16, 1990. ADJOURNMENT TO EXECUTIVE SESSION Brancel moved, Stover seconded, to adjourn to an Executive Session at 9:40PM. Motion carried - 4/0. REGULAR SESSION RECONVENED The Regular Council meeting reconvened at 12:14 AM. APPROVAL OF 1990 WAGES AND SALARIES Stover moved, Gagne seconded, to approve the 1990 Wages and Salaries. Motion carried - 4/0. ADJOURNMENT Gagne moved, Stover seconded, to adjourn the Regular Council Meeting at 12:15 AM. Motion carried unanimously. RESPECTFULLY SUBMITTED FROM NOTES AND TAPE, Sue Niccum Assistant City Clerk Mayor Jan Haugen City Clerk/Administrator Laurence Whittaker -.} \ . " . . WAGES AND SALARIES APPROVED DECEMBER 11. 1989 POSITION SALARIES WAGES Deputy C1erk........................$ 28.200. Admin. Asst./Asst. Clerk.......................... $11.61 hourly Receptionist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 8.94 hourly Finance Director....................$ 36.000. Senior Accounting Clerk........................... $ 9.35 hourly Planning Director...................$ 37.500. Building Inspector..................$ 28.155. Planning Assistant................................ $12.00 hourly Public Works Director...............$ 40.100. *Administrator/Clerk.................$ 42.500. *With a review July 1. 1990 ... . . RESOLUTION NO. 1-90 A RESOLUTION MAKING APPOINTl4ENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR OF 1990 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat the following persons are appointed to the following offices and positions for the year 1990: Acting Mayor - Robert Gagne Council Representatives to: a. Park Commission: Vern Watten b. Liquor Stores: Kristi Stover and Robert Gagne c. Planning Commission Liaison: Kristi Stover d. Minnehaha Creek Watershed District: Robert Gagne e. Lake Minnetonka Cable Commission: Barb Brancel City Assessor - Rolf Ericson City Attorney - Glenn Froberg City Engineer - James P. Norton, Orr-Schelen-Mayeron & Assoc. Health Officer - Dr. Elizabeth B. Jerome Representatives to Affiliated Organizations: a. Association of Metro Municipalities: Jan Haugen b. Minnetonka Community Services: Donald Huntington c. Lake Minnetonka Conservation District: Robert Rascop d. Lake Minnetonka Cable Communication Commission: Dean Johnson Official Depositories: The Bank Excelsior, l-Udwest Federal Savings & Loan, Marquette Bank, other Depositories as necessary. Official Newspaper - Sailor Newspapers -3 . . . Planning Commission Appointments: Chairperson: Vice-C hairperson: Members: Richard Spellman David Pitney Park Commission Appointments: Chairperson: Gordon Christensen Vice-Chairperson: Jim Andrus Members: Angela Weatherly Gordon Lindstrom Weed Inspector - Jan Haugen Assistant Weed Inspector - Dennis Johnson 2. T hat such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - NAME James Schultz Richard Spellman Janet Leslie Bruce Benson Dave Pitney Pat Mason . CITY OF SHOREWOOD Planning Commission FIRST ADDRESS TELEPHONE APPT. 5465 Timber Ln 474-3994 1984 Shorewood 5100 Shady Is1. 474-7919 1980 Trail Mound 28241 Boulder Cr 474-2931 1978 Shorewood 5820 Christmas 474-6432 1978 Lake Road Shorewood 6025 Whitney Cr 470-0898 8/89 Shorewood 4925 Sussex P1 474-7696 8/85 Shorewood Moonyeen Bongaards 25360 Birch Bluff 470-1004 Shorewood 3/89 . TERM ATTENDANCE 1989 ENDS OF 18 MEETINGS 12/31/90 16 12/31/89 13 12/31/91 11 12/31/91 15 12/31/89 5 12/31/90 8 12/31/91 11 * One Planning Meeting was cancelled due no quorum - One meeting posponed. Mark Laberee Gordon Lindstrom Ken Vogel Jim Andrus Angela Weatherly Park Commission 6180 Chaska Rd 474-5682 Shorewood 5/19/86 23680 McLain Rd 474-3655 Shorewood 1978 19795 Excelsior 474-5015 Blvd Shorewood 8/19/85 4971 Kensington 474-4256 Gate Shorewood 11/17/86 19435 Vine Ridge 474-7648 Shorewood 1987 Gordon Christensen 26190 Birch Bluff 474-6063 Shorewood 5/19/86 James Wilson 24140 Yellowstone 474-1398 5/89 12/31/90 14 12/31/89 18 12/31/91 16 12/31/90 14 12/31/89 12 12/31/91 11 12/31/91 7 *One Park Meeting was cancelled due no quorum - Four Meeting not held due no Agenda Items. 12/15/89 3 , , . . Gordon Lindstrom 23680 McLain Road Shorewood, Minnesota 55331 Jan Haugen, Mayor City of Shorewood January 2, 1990 Dear Mrs. Haugen: Thank you for your letter of December 16, 1989, regarding reappointment to the Shorewood Park Commission. During the 12 years I have been a member of the Shorewood Park Commission, there have been a number of major accom- plishments by the Park Commission. The Comprehensive Park Plan was developed that identified recreational needs and developed a plan for the location and sizes of Parks and their facilities. Land Acquisition was a major goal during this time. Land was acquired for Freeman Park, a 53 acre Community Park. Silverwood Park, an 8 acre Neighborhood Park was planned and purchased. The Silver Lake Public Access and the Christmas Lake Public Access have been provided. The size of Manor Park was increased on two separate occasions. The Hennepin County Railroad Authority purchased the Railroad Corridor which further increased recreational facilities in Shorewood. Park Development occurred in a number of ways. 1. Construction of the new Park Shelter Building at Badger Park. 2. The Babe Ruth Baseball Field was built at Freeman Park. 3. The BMX site for bicycle races was created at Freeman Park. 4. Soliciting donations and building Playground Equipment for children at Manor, Badger, and Cathcarts Parks was accomplished. 5. Access to Lake Minnetonka for Snowmobiles was allowed on the Railroad Corridor. 6. Creating the Walking Trail throughout Freeman Park that can also be used for Cross Country Skiing was accomplished. 7. A sand Volleyball Court was constructed at Manor Park. ~ . . PC\5e. d. 1 8. Development of a Softball Field at Manor Park, 3 Softball Fields and a Football/Soccer Field at Freeman Park. 9. Rebuilding of the Badger Park Hockey Rink. 10. Installation of the Hiking and Biking Trail on the Railroad Corridor. 11. Providing a Skating Shelter at Manor Park. 12. Shorewood Festival of Parks - a Community celebration. 13. Century Club - recognition of Financial Contributors. The most frustrating part of serving on the Park Commission were as follows: 1. Denial by the City Council of the Park Commission's recommendation to acquire a Walking Path on the eastern shoreline of Silver Lake. 2. The inability to build a Park Shelter at Manor Park. 3. The incorrect construction of the three Softball Fields and Football/Soccer Field at Freeman Park. \ 4. The Budget for Park Development is underfunded. It needs to be increased to fulfill the recreational needs of the Community. During this time the Park Commission has worked with all users of the Shorewood Park System. We have tried to provide for the recreational needs of individuals and teams, the organized and unorganized activities, for people of all ages. The most satisfying part has been helping to provide for the recreational needs of the Community. I had the opportunity to meet and work with many people who would like to have a Quality Park System in Shorewood. If the Council decides to reappoint me, I will look forward to serving the Community of Shorewood as a member of the Park Commission. Thank You. Sincerely, }!J ~ rI:rJ~ Gordon Lindstrom . . (C~ ~c-z ., 9Z a30 December 22, 1989 Jan Haugen, Mayor City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jan: I am very interested in continuing to serve on the Planning Commission. I feel that in my brief tenure, I have made positive contributions that better the "quality of life" in Shorewood. I believe that this comes from my experience of living in many different communities and experiencing firsthand the results of prior planning actions. One of my contributions is my ability to clarify issues being discussed, serving to focus our discussions. I particularly enjoyed working on the fence ordinance - which involved addressing community concerns with visual appeal while balancing homeowners needs for privacy and use of their property. The Planning Commissions major accomplishment that I have been involved in was the Waterford third phase development - which was a difficult decision but one that I believe will ultimately benefit the entire Southwest area. I have enjoyed serving my community and look forward to continuing my role in the future. Sincerely, I;;; p~ . . Lake Minnetonka Cable Communications Commission 443 OAK STREET. EXCELSIOR, MINNESOTA 55331 · (612) 474-5539 DEe - 7 1989 DATE: December 6, 1989 TO: CITY OF SHOREWOOD FROM: Jennifer Watts, Administrator RE: 1990 LMCCC APPOINTMENTS The Lake Minnetonka Cable Communications Commission (LMCCC) requests that you review your Commissioner appointments for 1989 and renew or amend those appointments for 1990. Our Joint Powers Agreement states each city council should appoint two directors to the LMCCC: One should be a memh~r o~ the city council; the other director may be any qualified voter residing in the city. If it chooses, the city council may also appoint an alternate director to serve as a substitute when needed. Directors are expected to attend the four full Commission . meetings held'in February, May, August and November, and scheduled on the third Tuesday of the month at 5 p.m. Full Commission meetings are held at the Excelsior City Council Chambers. LMCCC officers are elected in May of each year and expected to attend all meetings. Executive Committee meetings are held at the Community TV Studio in the Excelsior Community Center on the third Tuesday of each month (except when the full Commission is scheduled to meet) at 5 p.m., also. Please make your appointments and notify the LMCCC in writing by January 30, 1990. The full Commission is scheduled to meet Feburary 20, 1990. Listed below are the attendance records of your 1989 representatives according to my files. With many cable issues facing our legislators in 1990, your city's representation on the Commission and at these meetings is very important. (Note: In 1989, excluding the month of December, four (4) full Commission meetings, seven (7) regular Executive Committee meetings and one (1) special Executive Committee meeting were scheduled. If your rep was an '88 or '89 officer, the number of meetings they were scheduled to attend will vary.) DIRECTOR Barb Brancel (exec. committee) Dean Johnson APPOINTED 1/89 MEETINGS/ATTENDED 12 9 1/89 4 3 - MINNESOfA SUBURBAN NEWSPAPERS Representing Sailor, Current. Sun-Current and Post Publications Main Office 7831 East Bush Lake Rd. Bloomington, MN 55435 612-896-4700 Satellite Offices 1209 East Cliff Road Burnsville, MN 55337 612-890-4456 464 Second Street Excelsior, MN 55331 612-474-0285 4921 Babcock Trail Inver Grove Heights, MN 55075 612-451-6439 . . December 7, 1989 City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Council Members: We would appreciate your designation of the Excelsior/Shorewood Sailor to be your official newspaper for the year 1990. The new rate structure for legals effective January 1, 1990 will be: 1 column width 59.0 cents per line - first insertion 32.9 cents per line - subsequent insertions This rate is based on our column width of 11.5 picas. We will provide, at no additional charge, affidavits on each of your publications. notarized affidavits, on request, will be cents each. two notarized Additional furnished at 35 All publications should reach this office by Thursday a.m. preceding our Wednesday publication. However, we would appreciate receiving any large quantities of legals or any lengthy legals at an earlier time. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal publication, 7831 East Bush Lake Road, Bloomington, MN 55435. We appreciate being considered as the official newspaper for the city of Shorewood. It has been a pleasure working with you and we look forward to a continued working relationship. Sincerely, G P acin General Manager GP:kt Q", ,c.~~.'... ~~elen v ~ "I. Mayeron& Associates, Inc. .021 East Hennepin Avenue inneapolis. MN 55413 612-331-8660 FAX 331-3806 . Engineers Surveyors Planners Fee Schedule 1990 SCHEDULE Schedule of direct personnel costs to be multiplied by 2.25 to determine hourly fee: Senior Registered Engineer, Planner, Surveyor Registered Project Engineer, Planner, Surveyor Project Engineer, Planner, Surveyor Engineer, Planner, Surveyor Senior Designer Designer, Level II Designer, Level I Senior Technician Technician, Level II Technician, Level I 34.75 29.75 23.50 19.25 27.50 24.00 21.50 19.00 16.00 12.00 Schedule of direct personnel cost to be multiplied by 2.15 to determine hourly fee: Construction Observer 3- Person Survey Crew 2-Person Survey Crew $24.50 47.00 37.25 "Direct personnel cost" is defined as salaries plus payroll burden and fringe benefits. All personnel assigned to the project will be billed at the rates shown above based on their respective classification multiplied by the appropriate multiplier. Schedule of computer cost per hour: Intergraph CADD Workstation Prime 2655 Mainframe Terminal Microcomputer Microcomputer CAD Workstation $35.00 15.00 5.00 15.00 Computer costs will be charged at the above hourly rates. All other costs, such as vehicle mileage, survey equipment and vehicles, word processing, clerical, printing and reproduction costs are included in the hourly fee. The fee for attendance at regular council meetings will be $40.00 per meeting. 3 . . CONTRACT FOR ENGINEERING CONSULTING SERVICES CITY OF SHOREWOOD, MINNESOTA THIS CONTRACT, made and entered into as of the 1st day of January, 1988, by and between the CITY OF SHOREWOOD, Hennepin County, State of Minnesota, a municipal corporation (the City) and ORR-SCHELEN-MAYERON &. ASSOCIATES, INC., a Minnesota Corporation, Minneapolis, Minnesota 55413 (the Engineer). WIT N E SSE T H: WHEREAS, the City is desirous of securing professional engineering services for: 1) The preparation of plans and specifications and construction observation on City funded proj~cts; 2) The review, evaluation and construction observation on privately funded projects within the City; and 3) The Engineer to act as the City Engineer in advising and consulting the City where so directed; and WHEREAS, the Engineer is a competent and qualified engineering firm capable of fulfilling the requirements of this Contract; NOW THEREFORE, for and in consideration of the mutual covenants and condi- tions hereinafter contained, it is agreed by and between the City, City Council and Engineer as follows: ARTICLE 1. DEFINITIONS -1- . . construction observers/inspectors and survey crews, plus travel, sub- sistence and similar out-of-pocket expenses. A copy of the Fee Schedule is attached. "Salary cost" is defined as salaries (including sick leave, vacation or holiday pay applicable thereto) of personnel for time directly chargeable to the project, plus unemployment and payroll taxes, employer's contribution for social security, employee's insurance, retirement benefits, and medical and surgical benefits. Other direct expenses, not generally included in normal overhead, will be re- imbursable at cost, plus 10% of the direct expenses for accounting and clerical charges. ARTICLE 2. SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS 2.1) DUTIES OF ENGINEER: The Engineer, acting under the written authority of the City Administrator, shall furnish professional services in connection with the study, design and construction of proposed Improvement Projects. . (01) The Engineer shall perform a field survey, investigations, studies and other tasks required to prepare a feasibil ity study and prel iminary report for the proposed Improvement Project. The feasibility study and preliminary report shall contain, but not necessarily be limited to, maps, drawings, a description of the proposed work, an estimate of cost and the factors that comprise that estimate, typical examples of proposed assessments, concl us ions and recommend at ions and such other information as may be required for the City Council to make a decision as to whether or not to authori ze a publ i c heari ng on the proposed Improvement Project. The Engineer shall also furnish the City's finan- ci a 1 consultant with a copy of the feas i bil i ty study and pre 1 imi nary report so he may prepare a report on proposed methods of financing the work. (02) The Engineer shall furnish the City Council and staff personnel with sufficient copies of the feasibility study and preliminary report. (03) The Engineer shall present the feasibility study and preliminary report to the City Council at public Council meetings and public hearings. (05) The Engineer shall conduct a field survey and prepare detailed plans and specifications upon the specific written direction of the City Council following the public hearing and the City Council's determination to proceed with the project. The Engineer shall direct such independent consultants as may be required and hired by the City to perform additional investigations, studi es, soil testing, rock sounding, 1 aboratory work, envi ronmental assessments or other work as may be required to prepare complete, detailed working plans and specifications for the project. The Engineer shall obtain from all pertinent utility companies such information as the utility company has regarding the location of their (04) -2- . . facil ities. It is understood that the information provided by the various utilities may only give the general location. The exact location of ut il it i es will be determi ned in the fi e 1 d by the utility compan i es after bids have been let. (07) The Engineer shall prepare complete, detailed working plans and speci- fications and submit these for approval by those agencies having regulatory jurisdiction. The Engineer shall prepare modifications required in order to comply with agency directives. (08) The Engineer shall conduct a plans-in-hand site inspection and plan evaluation meeting with the City Administrator, other interested City representatives and representatives of other agencies who may have an interest in the proposed Improvement Project. Any changes in the plans and specifications as a result of this meeting shall be made before a final submission to the City Council. (09) The Engineer shall submit to the City Council for their approval and authorization the complete, detailed working plans and specifications and revised estimated cost. (10) After approval by the City Council, the Engineer shall furnish a suf- ficient number of copies .of the complete Contract Documents in order that the City may advertise for bids, award construction contracts and properly administer construction work. (11) The Engineer shall prepare the advertisement for construction bids and issue plans and specifications to bidders. The Engineer shall place two (2) copi es of the Contract Documents at both the City offi ce and the Engi neer' s offi ce for exami nat i on by interested parties. The Engi neer shall have personnel available at the Engineer's office during normal business hours to answer questions for bidders, equipment and material suppliers and others concerned with the preparation of bids. (12) The Engineer shall be present at the opening of bids and prepare a tabulation and analysis of the bids received. (13) The Engineer shall, upon award of construction contracts by the City Council, prepare the Construction Agreement Form, the Performance and Payment Bond forms and other necessary Contract Documents, and submi t these to the City Attorney for his review and approval. (14) The Engineer shall submit applications for all permits required by governmental agencies having regulatory control of over the Improvement Project. The Engineer shall be available to assist the City or Con- tractor in obtaining these permits. The Engineer may request the City to consider an additional fee for excessive time required to obtain permits. (15) The Engineer shall conduct a preconstruction conference with the City Administrator, other interested City representatives, the Contractor, subcontractors named in the Contract Documents and represent at i yes of -3- . . affected utility compani es pri or to the commencement of construction activity in order to coordinate the efforts of all parties ir1volved. (16) The Engineer will visit the job site as he deems necessary in order to familiarize himself generally with the progress and quality of the work in order to see that it is proceedi ng in accordance with the Contract Documents. Any deviation from the plans and specifications will be reported to City Administrator for direction as to whether or not to stop work or take other appropriate action. (17) The Engineer shall furnish the City with a list detailing final quanti- ties and costs in a letter stating to the best knowledge of the Engineer that the work is in compliance with the plans, specifications and change orders. (18) The Engineer shall furnish the City with five (5) sets of the construc- tion drawings prints revised to show the lias constructed II conditions upon completion of the Improvement Project. (19) The Engineer shall provide general contract administration during construction including completion of Contractor's Estimates for Partial Payment, preparation of such change orders as may be required, review of shop drawings and material tests, direction of on-site testing conducted by independent consultants or testing compani es, correspondence with contractors and suppliers and other general administrative duties. 2.2) PROGRESS REPORTS: The Engineer shall make written progress reports to the City Administrator for each project under construction, and these reports shall be submitted on the Friday preceding the second regularly scheduled Council meeting of each month. 2.3) CORRECTION OF WORK: The Engineer shall be responsible for the completeness and accuracy of field surveys, design and calculations, and other studies on which the plans and specifications are based. The Engineer shall correct at his own expense all errors or omissions as may be disclosed during the review of the plans. Errors in field surveys, designs, calculations and other studies disclosed during the construction period shall be corrected by the Engineer who shall indemnify and hold harmless the City of any costs as may result from such errors. 2.4) BASIS OF FEE: All services performed by the Engineer pursuant to Articles 2.1, 2.2, and 2.3 are included in the Basic Fee as defined in Article 1.1 (03) herein. 2.5) DUTIES OF ENGINEER FOR AN HOURLY FEE: The Engineer, acting under the written authority of the City Administrator shall furnish professional services in conjunc- tion with the duties defined in Paragraph 1 of this Article 2 on an Hourly Fee. (Ol) The Engineer shall furnish a field crew with adequate personnel, equipment and supplies necessary to stake out the work and provide the Contractor wi th 1 i ne and grades for construction and to veri fy the correctness of the work as it progresses. -4- . . (02) The Engineer shall provide a full time Representative on the job site when directed in writing by the City Administrator to do so. The Representative will observe construction, maintain a detailed daily construct ion di ary and progress report and report any devi at i on from the plans and specifications to the Engineer for action as stated in Subsection 16 of Section 2.1 herein. (03) The Engineer shall prepare the assessment roll for the project with the assistance of the City Attorney and members of the City staff. This work shall include attendance at Council meetings and assessment hearings as may be necessary. The assessments will show the computer printout sheets in bound form and three (3) copies will be furnished to the City. It shall include an assessment map showing the area over which the assess- ment is levied or individual properties identified and cross-referenced with index numbers corresponding with the item numbers on the assessment roll. The roll shall contain all information required by the County AuditDr and the City of Shorewood for each parcel. 2.6) OTHER WORK: Any work n6t specifically described in any of the above" sections or subsections of this Article 2 shall be considered other work and shall be performed by the Engineer only upon written authorization by the City Administrator and all such work will be on an Hourly Fee basis. 2.7) TERMINATION OF IMPROVEMENT PROJECT: The City may upon ten (10) days' writtennotice terminate any Improvement Project at any time prior to awarding the construct i on contract. Compensati on to Engi neer for work performed pri or to the effective date of termination shall be calculated as in Article 5 herein. ARTICLE 3. SCOPE OF SERVICES FOR DEDICATION PROJECTS 3.1) DUTIES OF ENGINEER: The Engineer, acting under the written authority of the City Administrator, shall furnish the following professional services in connection with proposed Dedication Projects: (01) The Engineer shall, following written notice from the City Adminis- trator, review design, plans and specifications for each Dedication Project to determine that they comply with those written City Standards that have been approved by the City Council for such projects. The Engineer shall require the developer or his Engineer to submit the plans to appropriate utility companies and other ~oncerned agencies for their review, the engineer shall submit a written report to the City Adminis- trator to assist him and the City Council in approving or disapproving the proposed Dedication Project. (02) The Engineer shall provide a full time Representative on the job site when directed in writing by the City Administrator to do so. The Representative will observe construction, maintain a detailed daily construct ion di ary and progress report and report any devi at i on from -5- . . the plans and specifications to the Engineer for action as stated in Subsection 16 of Article 2 of this Agreement. (03) The Engineer shall submit a written progress report to the City Administrator for each Dedication Project under construction on the Friday preceding the second regularly scheduled Council meeting of each month. (04) The Engineer shall submit a written report to assist the City Ad- mi ni strator in determi ni ng that the project has been satisfactorily completed. The Engineer shall acquire from the developer or the developer's engineer five (5) sets of plans of the work that have been revised to show "as constructed" conditions. 3.2) BASIS OF FEE: All services performed by Engineer pursuant to this Article 3 will be the Hourly Rate as defined in Article 1.1(04) herein. ARTICLE 4. SCOPE OF SERVICES AS CITY ENGINEER 4.1) DUTIES OF ENGINEER: The Engineer shall be the City Engineer for the City. In that capacity, the Engineer shall: (01) On a project-by-project basis, keep abreast of current federal, state and local programs and advise the City of the availability of funds to the City. (02) Make application for federal, state and local funds as directed by the City Administrator. (03) Represent the city at meetings, conferences, seminars, etc., when so directed by the City Councilor City Administrator. (04) Prepare written reports when di rected by the City Council or City Administrator on projects other than Improvement Projects or Dedication Projects. (05) Give technical advice to the City Administrator and the City staff when requested to do so by the City Administrator. (06) Perform other duties as assigned from time to time by the City Administrator. 4.2) BASIS OF FEE: All services performed by Engineer pursuant to Subsections (02) through (06) of this Article 4 will be the Hourly Rate as defined in Article 1.1(04) herein. -6- . . ARTICLE 5. SCHEDULE OF PAYMENTS 5.1) SCHEDULE OF PAYMENTS (01) Calculatina the Basic Fee: The construction cost to be used in calculating the amount of the Basic Fee shall be the cost of all work designed or specified by the Engineers. Such cost shall not include costs of technical services, legal services, administrative services, acquisition of land or right-of-way and other similar costs. When labor, materials or equipment furnished by the City are incorporated in the construction, the costs incurred or inventoried by the city shall be included in the final construction cost. For purposes of calculating partial payments of the Basic Fee before the final construction cost is known the estimated cost shall be used. 5.2) PARTIAL PAYMENTS: Partial payment of the Basic Fee shall be made to the Engineer at the completion of various stages of the work on the following basis: If the Engi neer is di rected to prepare a prel imi nary report on any proposed project, and is not thereafter ordered to prepare plans and specifications for such project, or some part thereof, the Engineer shall be paid a fee of fifteen percent (15%) of the total Basic Fee based upon the estimated construction cost of the project, or part thereof which is not so ordered to be made. Such payment shall be made within ninety (90) days after the presentation to the City of the preliminary report. The fee payable for any such preliminary report shall be credited toward the total Basic Fee if the project proceeds to the construction stage. If the Engineer is directed to prepare plans and specifications for a project and the City does not advertise for bids, the Engineer shall be compensated on the same basis as if bids had been advertised but no bids were received. If no bids are received within ninety (90) days after delivery of plans and specifications to the city, the construction cost shall be the Engineer's estimate as of the date of such del ivery, and the Engineer shall be paid a fee of ninety percent (90%) of the Basic Fee. If bids are received "and a contract for construction of the project is entered into, the construction cost shall be the awarded contract cost. If, upon comple- tion of the contract, the actual construction cost is different from the original contract costs (by reason of such things as change orders) the fees shall be based upon the origi nal contract cost pl us authori zed change orders. Ninety percent (90%) of the Basic Fee shall be paid within sixty (60) days after the City has entered into a contract for construction as shown in the plans and specifications and the remaining ten percent (10%) shall be paid on the same prorate basis as construction payments to the Contractor are authorized. If a deletion is made from the project shown in the plans and specifications, by the City, the Engineer shall be paid a fee for its services on such deleted work equal to ninety percent (90%) of the Basic Fee which would have been payable if the deleted work had been constructed. -7- . . If bids are received but no construction contract is entered into within the period during which bids may be accepted, the construction cost shall be the amount of the lowest responsible bid. The Engineer shall be paid ninety percent (90%) of the Basic Fee within sixty (60) days after rejection of the bids, or within sixty (60) days after the period during which bids may be accepted. In any case where only ninety percent (90%) of the Basic Fee has been paid, as provided in this Subsection 2, if the work is later constructed, the Engineer shall receive the remaining ten percent (10%) of the Basic Fee upon the construction cost. 5.3) INDEPENDENT CONSULTANTS: The costs of services performed by independent con- sultants or agencies for property surveys, environmental evaluations, soil testing, test drilling field tests, laboratory work and similar services required for the preliminary report, final design or construction phase shall be paid independently by the City. 5.4) PAYMENT FOR REVISIONS OR OTHER WORK: If the City directs that revisions be made to the plans and specifications following approval of the plans and specifi- cations by the City or if the City Administrator directs Engineer to perform other work, the Engineer shall be compensated for the cost of such revisions at the Hourly Fee. If the revisions consist of extension or enlargement of the project, payment for plans and specifications for such extension shall be included in the Basic Fee based upon the increased project. . 5.5) ATTENDANCE AT MEETING: Engineer shall be compensated for attending any public or private meeting not specifically provided for in the Basic Fee. Compensation will be at Forty Dollars and No Cents ($40.00) per meeting. 5.6) RECEIPT OF PAYMENT: In order to receive payment for services, the Engineer shall submit monthly invoices describing in detail that the services have been per- formed in accordance with this contract. Separate statements shall be submitted for each project or a detailed breakdown shall be furnished showing the distribution of charges to each project. The City shall pay Engineer upon receipt of each monthly invoice. 5.7) CITY'S RIGHT TO AUDIT: The City shall have the right to audit the Engineer's records, accounts and payroll for these projects. ARTICLE 6. INSURANCE The Engineer shall carry errors and omissions insurance with mlnlmum limits of at least One Million Dollars ($1,000,000). The Engineer shall furnish the City a copy of this policy or a certificate of insurance issued by the insurance company. The Engineer shall also carry general liability insurance and worker's compensation insurance to protect the City against damages. -8- . . ARTICLE 7. CONTRIBUTIONS BY THE CITY The City Administrator and other appropriate members of the City staff shall make themsel ves readily avail abl e to the Engi neer for consultations and advice whenever necessary to expedite progress of the Engineer's work. The City shall also, without charge, furnish or make available to the Engineer for examination or use, as he may determine to be pertinent to the work, all data, reports, records, maps, plans, plats, surveys and other information of record which are existing and available. ARTI CLE 8. OWNERSHIP AND USE OF DOCUMENTS All reports, plans, specifications and as-built plans prepared' by the Engineer, pursuant to this Agreement, shall become the absolute property of the City upon payment therefor in accordance with the provi s ions of th is Agreement. Any risk or loss, destruction or damage of or to said specifications and materials shall be borne by the Engineer prior to the time when same are del ivered to the City, and any loss, destruction or damage of delivery shall not excuse the performance of the Eng i neer under th is Agreement. Any reports, i nformat i on or data, given to or prepared or assembled by the Engineer, specifically under this Agreement, shall remain confidential and shall not be made available to any individual or organization by the Engineer unless released by the City. No report or other materials produced specifically for the City under this Agreement shall be subject to an appl ication for copyright by or on behalf of the Engineer. The original drawings, surveys, design notes and plans shall not be used by the'City on other projects. ARTICLE 9. TERM OF CONTRACT Th is contract shall be renewed automat i cally; provi ded, however, that the City and Engi neer agree to a revi sed Schedul e of Hourly Rates each year in whi ch the renewal is effective. The City or Engineer may terminate this contract at any time by giving thirty (30) days' written notice to the other party of such termination, and specifying the effective date of such termination. ARTICLE 10. NOTICE Any notice required or permitted to be given under this Agreement will be . sufficient if in writing and if sent by registered or certified mail or hand -9- . . delivered to the parties at the addresses set forth below their respective names or at such places as the parties shall designate in writing by certified or registered mail: ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 2021 East Hennepin Avenue Minneapolis, Minnesota 55413 CITY OF SHOREWOOD Attn: City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 ARTICLE II. MISCELLANEOUS 11.1) ARBITRATION: Any controversy, claim, dispute or other matter arlslng out of or relating to this contract, not constituting a breach of this contract, shall be subject to arbitration only if such claims, dispute or other matter in' question involves an amount in controversy of no more than Five Thousand Dollars and No Cents ($5,000.00). Disputes between the City and Engineer involving more than the Five Thousand Dollars and No Cents ($5,OOO.00) in controversy shall not be subject to arbitration. Cl aims, di sputes or other matters inquest i on not subject to arbitration shall be resolved by legal proceedings. 11.2) ENTIRE AGREEMENT: This Agreement sets forth the entire understanding between the parties, there being no terms, conditions, warranties or representations other than those contained herein, and no amendments hereto shall be valid unless made in writing and signed by the parties hereto. 11.3) SEVERABLE: In the event any portion of this Agreement shall be held to the invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 11.4) CAPTIONS: Article, paragraph, or section titles or other headings contained in this Agreement are for convenience only and shall not be deemed a part of the context of this Agreement. 11.5) BINDING EFFECT: Unless agreed to in writing, this Agreement shall not be binding upon and inure to the benefit of all of the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. 11.6) WAIVER: Any waiver by any part of a breach of any provision of this Agree- ment will not operate as or be construed to be a waiver of any subsequent breach thereof. 11.7) GOVERNING LAW: This Agreement was entered into in Shorewood, Minnesota, and will be controlled by the laws of the State of Minnesota. An Engineer acceptable to the City shall represent the City as the City Engineer in accordance with the terms of this contract. -10- . . II lnlTl1 I I I I I111I I I 11TTl f-' - f--- f-- Net Construction % From Cost Curve 8 ..- ,.-- 50,000 10.05 f-- - -- -- 100,000 9.01 250,000 7.81 -. 500,000 7.00' \ 750,000 6.63 1,000,000 6.22 2,000,000 5.75 \ 4,000,000 5.30 .- f-- 6,000,000 5.10 1\ 8,000,000 5.05 l-- 10,000,000 4.97 ~ 20,000,000 4.88 ~ - - - --~ -- .... 1-' _. r" .- ---.-- .....- f-. u'_ J --.-- .....- 1- - - "----- 1--- ~ ._- ~_. '11 . ... ..- ~- - -- I-- .....- .- 1-. -. -. .. .I~-\- .... -....... -..- ... ..-0 ... ---- - f-- II --- -\ \ - K .--- .- -.- 1 .'-' I' - . f----- -- -- -- . - --.- - .- ~ -.- -- --- I- ..- ~ , .-- .- -.--- ~- I- -- --'-- ..- -- .- - ,--- ~- -- ~- - - I-- 1-. ~. - -- I. l -- --- ... -- -- .. =f ~ ~l .1- -- . I -- F f-- t ~ I- -- --1 f--- -- ,--- ...--- ,- .- .\ I' ._. --- .. - \ I I 6 14 13 12 10 .... C Q.l U .... Q.l 0. C 9 c 0 '';:; "' II> c: ",.-- Q.l 0. S E 0 u c "' :0 Q.l ~ 7 5 4 0.01 0.05 0.1 0.5 I 5 10 Net construction cost, in millions of dollars 50 100 /- FIG. 2 _ CURVE B, MEDIAN COMPENSATION FOR BASIC SERVICES, 'EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR PROJECTS OF AVERAGE COMPLEXITY. From 1972 ASCE Manual No. 45 . ' Orr Schelen Mayeron & Associates, lne. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 1988 FEE SCHEDULE Engineers Survevors Planners Schedule of direct personnel costs to be multiplied by 2.25 to determine hourly fee. Senior Project Manager Project Manager Senior Project Engineer, Surveyor, Planner Project Engineer, Surveyor, Planner Engineer, Surveyor, Planner Senior Designer Designer Senior Teehnician Technician (2) Technician (1) 32.00 f /,2.-5' 27.50 ('""".J 27.50 /'-.' "v! 21. 50 - 3.S: 17.75 -;!.~5 25.25 ,'\i,,;'w 20.00 - 2. 0';:- 17.50'h:.; 14.50 - 1. e;- 11.00 -5. 5~ Schedule of direct personnel cost to be multiplied by 2.15 to determine hourly fee. Construction Observer 3-Man Survey Crew 2-Man Survey Crew Schedule of computer cost per hour: Intergraph CADD Workstation Prime 2655 Mainframe Terminal Microcomputer Microcomputer CAD Workstation )>' $22.00 ..;.-1 42.75 -+- !. '1'5 34.00 .j... 05') $35.00 15.00 ;' 5.00 15.00 j p .') .,y' ;J-1'jjl, "Direct personnel cost" is defined as salaries plus payroll burden and fringe benefits. All personnel assigned to the project will be billed at the rates shown above based on .their respective classification multiplied by the appropriate multiplier. All other costs, such as vehicle mileage, survey equipment and vehicles, word processing, clerical, printing and reproduction costs are included in the hourly fee. . . RESOLUTION No.2 -90 A RESOLUTION ACCEPTING STREETS, VlATERMAIN, SANITARY SEWER AND STORM SEWER IN THE PLAT OF BRENTRIDGE WHEREAS, on February 2, 1988, the City of Shorewood entered into an Agreement with Shorewood Oaks Development, Inc., for the development of certain property known as B rentridge; and WHEREAS, Paragraph 4 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plats of said property, which improvements included streets, watermain, sanitary sewer and storm sewer; and WHEREAS, Paragraph 15 of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, Paragraph 16 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WH ERE AS, the Developer has completed construction and installation of the streets, watermain, sanitary sewer, and storm sewer, and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications; and WHEREAS, the Developer is desirous of conveying said improvements to the City, and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. That the City hereby accepts from the Developer the streets, watermain, sanitary sewer, and storm sewer in the plat of B rentridge. 2. That the Developer shall cause a maintenance bond to be furnished naming the City as obligee for the full cost of the improvements, to be in effect for a period of one year from the date of acceptance hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - y A . . RESOLUTION 3-90 A RESOLUTION RELEASING LETTER OF CREDIT FURNISHED BY B RENT RIDGE WHEREA S, the City of Shorewood (the City) has entered into a Development Agreement dated February 2, 1988, with Shorewood Oaks Development, Inc. (the Developer) for the development of Brentridge; and WHEREAS, Paragraph 21 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improvements; and WHEREAS, Developer has obtained such a letter of credit from lvfetropolitan Bank in the sum of $441,472.50, which letter is dated February 11, 1988, and entitled Irrevocable Letter of Credit No. 00273; and WHEREAS, the City has accepted all improvements completed by the Developer pursuant to the terms of said Development Agreement; and WH ERE AS, the Developer has requested that the Letter of Credit be now released. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, as follows: 1. T hat Letter of Credit required by Paragraph 21 of the Development Agreement may be released subject to the following conditions: a. That Developer provide a deposit of $2,000.00 with the City to ensure the completion of minor items specified by the City Engineer. b. That Developer obtain and file a consent to the plat executed by the owner of an easement on Brentridge Drive. 2. That upon fulfillment of the above conditions, the City Administrator is hereby instructed to inform Metropolitan Bank that Irrevocable Letter of Credit No. 00273 may be released. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll C all Vote: Ayes - Nays - , .; ." '. · n'" ~-"A- ~;_ ',. v.'- "".~ : .(1\0 ~~~. 't.' )Ii !If_!. - '!>!\ 'tJ~Jf'" ~,. ........'.11"". '3' a.. -:e t~~nl'''i-..''' e;':~ Orr Schelen Mayeron & Associates,lnc. . 202\ East Hennepin Avenue Minneapolis. MN 55413 6\2.331.8660 FAX 331-3806 H E H 0 R A H D U H Engineers Suryt'\'ors Planners TO: FROH: DATE: SUBJECT: Offi ce James P. Horton, P.E. December 19, 1989 Brentridge Project, Shorewood, Hinnesota OSH Comm. Ho. 1744.67 Today I had a meeting with Mr. Richard Gay. The following items were discussed: 1. Property Corners - Mr. Richard Gay is a Shorewood resident that lives along Brentridge Drive on the edge of the Brentridge Development Project. He told me that he was told his property corners would be put back in. To date they have not been replaced. Pri or to completely re 1 eas i ng the Developer and the Contractor on this project, the property corners must be replaced. 2. Restoration of Grass - Mr. Gay pointed out a few areas where the boulevard and other sloped areas were seeded and weeds proceeded to grow. He would like his boulevard areas restored with grass. 3. Blacktop Stress - Mr. Gay pointed out to me that at the intersection of Brentridge Drive North and Howards Point Road there appears to be some stress cracking on the new blacktop. We will observe this area next spring and see if the blacktop is stressed. If it is, this would be a warranty item that must be repaired by the Contractor. 4. Curb Stop - The curb stop for Mr. Gay's water connection was in a depression. Instead of raising the curb stop up to an appropriate grade, he said the contractors came in and just dug around the curb stop, further compound i ng the depressed area. The water now runs off and is trapped in the depression and he is concerned about water and freezing of the curb stop. If this is the case, when the spring thaw occurs the curb stop should be raised to the appropriate level. S. Bl ack Di rt - Mr. Gay said he was frustrated due to the 1 ack of restoration that was done on his property. After the contractor was in and disturbed it, he felt that his property was not restored to its original condition. As a result of his frustration, he indicated that he would take care of it if they would deliver a couple of loads of black dirt to his property. I am unaware of any such discussions or agreements, however, he is still of the opinion that he would like some black dirt delivered to his property. He 40- . . would then restore the boulevard area to its original condition. 6. Seeding - He said the contractor used the wrong type of seed. We were aware of that. We also directed the contractor to re-seed the boulevards, he did that. Currently Mr. Gay feels that seeding of the di sturbed areas the boul evard, and graded areas withi n the Brentridge Development should be done. This would be done to prevent weed growth and to prevent erosion from occurring. With the construction that is taking place, it is questionable as to how beneficial this would be. But if in the spring there appears to be some areas that should be smoothed over and re-seeded than we should have the developer re-do that. Prior to my meeting with Mr. Richard Gay, I wrote a letter to the Developer, Mr. Dave Johnson. I told him that all of the punch list items we had identified were taken care of and my inspector assured me that all of these items were resolved. The only thing he was aware of that wasn't completed at this time was the preparation of the as built drawings. I did identify the items that needed to be done to finish the as builts and then went on to recommend that the City accept the utilities and street for ownership and maintenance. Further, I recommended that the City release the Developer from his current Letter of Credit. With these previous items identified by Mr. Richard Gay, it is possible that the Letter of Credit instead of being totally released should be reduced down to the point where we retain approximately $2,000. I believe $2,000 would take care of all of the items that Mr. Richard Gay has mentioned to me. JPN/cmw \'S? ~/ 12/89-79 <J'dJ " " . Orr Schelen Mayeron & Associates,lnc. . DEe 2"1 ! 19@9~ ., 013 v~ ~~ ~ ct.- DLe--r./LD 2)XU::~~~. December 18, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Brad Nielsen City Planner Re: Brentridge Development Shorewood, Minnesota aSM Comm. No. 1744.67 Dear Brad: We have received a request from the Developer to final out this project, accept all the improvements, and eliminate the existing Letter of Credit. As I told you on the phone, my Inspector, Mr. Phil Tipka, said once we receive the As-Builts all the punch list items were taken care of. Mr. Ray Brandt, the developer's engineer, delivered the As-Builts to our offi ce about a week ago. Upon revi ew we have found that the invert el evat ions at the ends of the sewer stubs have not been shown. These elevations must be shown for all lots. The length of the sewer stubs must be shown as well. Also, ties to the watermain gate valve on N. Brentridge Drive and Howard's Point Road must be shown. And, the watermain must be shown in profile and Sheet 5. With regard to the semi-final punch list items in the August 7, 1989 1 etter, they have been compl eted sat i sfactorly. Therefore, I recommend the City accept the sanitary sewer, storm sewer, watermain, and streets for ownership and maintenance at the first Council Meeting in January, 1990. At that time, the one-year warranty period for all the items mentioned previously will begin. This is with the understanding the As- Builts are finished and delivered to the City before that time. The one year warranty is guaranteed by a bond from the developers contracator, Richard Knutson, Inc. This has been acceptable in the past, according to the City Attorney, as assurance that any and all warranty items will be taken care. Therefore, I also recommend the City release the Letter of Credit to the Developer at the January Council Meeting. . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: HAYOR AND CITY COUNCIL :fROM: BRAD NIELSEN DATE: 3 JANUARY 1990 RE: SIGN PERMIT - 19385 STATE HIGHWAY 7 FILE NO.: 405 (SIGNS) Mr. Harry Niemela has requested a permit to enlarge the freestanding sign located at 19385 State Highway 7 (Shorewood Liquor store and Echo Fields Clothing store). As can be seen on the attached exhibit, he proposes to increase the face of the existing 5'x8' sign with another 5'x8' area for the clothing store. The Zoning Ordinance allows commerical properties to have three signs per site, one of which may be freestanding. The site currently displays two signs, both for the Shorewood Liquor store. The total area of signage can not exceed 10% of the silhouette of the buiding as viewed from the street. Since the building is relatively large and is located on a corner lot, it is allowed a considerable amount of signage. Based on the dimensions of the building silhouette (2710 square feet), the site is allowed 271 square feet of signage. Following is how the site conforms with Shorewood's sign regulations: Existing: Shorewood Liquor (freestanding) liquor messageboard 40 sq. ft. 32 sq. ft. Proposed: Echo Fields (add to freestanding) 40 sq. ft. TOTAL 112 sq. ft. Since freestanding signs are limited to 20 feet in height, Mr. Niemela proposes to shorten the sign post by two feet. This request has been discussed with the liquor store manager. The only issue raised was which of the signs ends up on top. If there is any difference in sight lines, he may prefer that the new sign be added underneath the existing. A Residential Community on Lake Minnetonka's South Shore ~e \ ,~ ~ ~\ ~ . '\ ~ " ~ ~ <". I < 1~4" ~~ kb-?' . ~ I r " ~ \\\ \\ Ec#tJ/;$ \ ,,\\ \") t/!v If Eit/?J{) /J / z{jJ<<v/j . WA"~/' \ '\.'\ ~ \ ~ ~ \~ ~ .~ ,##~~~~ . ~ d/#~~ ~ ~d';4E#~ /~ ~<~ ~f ~/~ ,/d;/~~~ /~ h'~p~ /~/M ~ J ~d-~ ~.~ ~$~ I //~ k ~ ~ c~.'/"!~~ _ ~J~ .h:~~ ~/~ 4- I /~~~ I ~~~ f~~L--- d-e6 r;'~ ~~/ y ~0-4-' A!4 .::? 7' /7..7 .7 -= Tt:?'" /' r/)?' // h//~:7 ~:r~~ /~C~A-'/ /// /?"'/P'~ f;' -""f~.r e: -::;.. ~..d" . (/ /7 .7.7 _ 7#'../ ~.// -c ~#~ // /~.;,7~- d~ c:(/ ,I u// ./;r/ /:7/ //?~ /~-rr~ ~~~/' /' ~///// '. ~ 7/c? r?'//. -:- /?/ =- ...? ?~/ *,~ .. MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 HEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 4 JANUARY 1990 RE: REQUEST FOR "NO PARKING" SIGNS - SERVICE ROAD NORTH OF HIGHWAY 7 BETWEEN LAKE LINDEN DRIVE AND HIGHWAY 41 FILE NO.: 405 (STREETS - HIGHWAY 7) We have received a request from the merchants and owners of the Shorewood Shopping Center at 23680 State Highway 7 to post "no parking" signs along the north service road of the highway between Lake Linden Drive and Highway 41. In recent years the area has become a desirable location for the sale of boats and automobiles, causing an eyesore and congestion. Although Shorewood's latest changes to its abandoned vehicles regulations have helped, enforcement of the Code would be enhanced by putting people on notice that it is illegal to park there for any reason. Given the geometries of the Hwy 41/Hwy 7 intersection, elimination of parking near the intersection would also mitigate some of the confusion in the vicinity. It is recommended that the Council authorize public works to install, and the police department to enforce, "no parking" signs on both sides of the service road north of State Highway 7, between Lake Linden Drive and State Highway 41. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Rick Young Wendy Madsen A Residential Community on Lake Minnetonka's South Shore ~C- . . DATE: TO: FROM: SUBJECT: December 12, 1989 Sandra L. Kennelly, Shorewood City cler()f ~ Donald F. Monk, Director of Assessments ~ 1990 Local Board of Review Date HENNEPIN Wednesday Day of the Week April 18 Date Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. As there must be a quorom, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Tom May at 348-3046 with your alternative date by January 12, 1990, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 ~o p~ but will discuss it with you if you wish a different time. ..~ Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. ------------------------------------------------------------------------ CONFI RMATION Municipality: Date: Time: Place: Confirmed by For selecting meeting dates in future years, the following information wi 11 be hel pful tieL .. . . " - DRAFT - RESOLUTION NO. A RESOLUTION REQUESTING THAT THE METROPOLITAN COUNCIL EXTEND THE DEADLINE FOR SHOREWOOD' S RESPONSE TO THE 1988 SYSTEMS INFORMATION STATEMENT WHEREAS, The City of Shorewood has been asked to amend its Comprehensive Plan in response to the Metropolitan Council's 1988 Systems Information Statement by 10 January 1990; and WHEREAS, the City proposes a complete update of its Comprehensive Plan in 1990; WHEREAS, the City proposes a much more detailed and accurate revision to its Comprehensive Plan than what has been done previously; and WHEREAS, the City has recently completed a special census confirming a higher level of population than previously projected by the Metropolitan Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the City of Shorewood proposes to complete its Comprehensive Plan revision by 31 December 1990. 2. That the City of Shorewood requests that the Metropolitan Council grant an extension to the deadline for responding to the 1988 Systems Information Statement until 10 January 1991. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker, City Administrator/Clerk Roll Call Vote: Ayes: Nays: /j~ . DEe 2 ~989 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612291-6359 December 19, 1989 Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Nielsen: Thank you for your letter of December 12 regarding your review of the 1988 Systems Information Statement. We will appreciate receiving your information about Shorewood's special census. This data, along with the upcoming 1990 census, will be of great help to us as we update our population and household forecasts for the region. You indicate in your letter that Shorewood intends to prepare a complete update of its comprehensive plan, and recommendations from the Systems Statement will be incorporated into the new plan. It seems that this work will not be complete before January 10, 1990, the statutory deadline for responding to the Systems Statement. We are anticipating that many local governments will need more time to complete their plan amendments. The law provides a procedure for granting extensions. All requests must be submitted in the form of a resolution of the local governing body. The request must be accompanied by a description of the activities previously undertaken to meet the requirement, and the reasons necessitating and justifying the request. The Metropolitan Council may then at its discretion grant extensions upon a finding of "exceptional circumstances or undue hardship" (Minn. Stat. Sec. 473.869). Please feel free to call Anne Hurlburt, manager of our comprehensive planning division, at 291- 6501, if you need further information. Your request for an extension may be directed to her attention. Sincerely, 5 ~/<-rr- Steve Keefe Chair SK/kp . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Wanen . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 NOVEMBER 1989 RE: FELDMAN, HARLEY - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1,000 SQUARE FEET FILE NO.: 405 (89.43) BACKGROUND Landform, Inc., representing Mr. Harley Feldman, has requested a conditional use permit, pursuant to Section 1201.03 Subd. 2.d (4), to construct accessory space in excess of 1,000 square feet of area. The applicant is building a new home at 5635 Christmas Lake Point (see Site Location map - Exhibit A, attached). The proposed garage for the house measures approximately 24' x 49' and contains 1,181 square feet in area. The subject property is zoned R-1C and contains approximately 59,241 square feet of area. The footprint area of the house is 2,724 square feet. The total area of the house is 6,700 square feet. Exhibit B shows how the proposed house and garage fit on the property. Exhibits C and D show the west and east elevations. ANALYSIS/RECOMMENDATION Following is how the aplicant's request complies with the Code: a. The total area of accessory space (1,181 square feet) does not exceed the footprint area of the principal dwelling (2,724 square feet). b. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R-1C zoning district (10% x 20,000 = 2,000 square feet). 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MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 DECEMBER 1989 RE: PRESCHER, BRUCE - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (89.44) BACKGROUND Mr. Bruce Prescher proposes to combine the property located at 6060 Lake Linden Drive with Outlot C of the Marilynwood subdivision (see Site Location map - Exhibit A, attached), and then split the resulting parcel into two single-family building sites (see Exhibit B). The property in question is zoned R-2A, Single and Two-Family Residential. The site is currently undeveloped and contains 40,406 square feet of area. ANALYSIS/RECOMMENDATION The proposed division/combination meets the lot area, width and depth requirements of the R-2A zoning district. Although somewhat limited on Parcel A, the buildable area for both lots is adequate for single-family homes. It should be noted that side yard setbacks in the R-2A district are only 10 feet, not 15 feet as shown on the applicant's survey. While it is not evident on the site, a small depression near Lake Linden Drive shows up as a designated wetland on Shorewood's Wetlands map (shaded area on Exhibit B). As a practical matter the area designated as wetland does not serve as one. It is believed to have been filled in when the City put in sanitary sewer. It is recommended that the City Engineer review this site and determine if the wetland area should be protected for drainage purposes. If so, the City should require an easement over the designated area. The Engineer should also recommend whether the wetland should be enhanced by grading back to its original contour. A Residential Community on Lake Minnetonka's South Shore 1 . 1.. . . . Re: Prescher, Bruce Simple Subdivision/Combination 28 December 1989 Based upon the preceding it is recommended that the division/combination be approved subject to the following conditions: 1. The applicant should provide drainage and utility easements 10 feet along each side of each side and rear lot line. 2. If recommended by the City Engineer, the applicant should provide a conservation and drainage easement over the area designated as wetland. 3. The applicant must submit up-to-date (within 30 days) title opinions for Lot 19 and Outlot C for review by the City Attorney. 4. The applicant must pay $1000 in park dedication fees ($500 per lot). 5. The above-referenced items must be completed within 30 days of the Council's approval of the request. 6. Once the applicant receives the resolution approving the request, he must record the division within 30 days. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Bruce Prescher - 2 - ..$7 f7 .. ........- I . Iti^il\' I I I I I I I I I I 00 (Q) ! I I I I I I :___!!O.~: ~ ........ ~-jf5.-~---~~----_: , .23 .....:: i ;~..~:I. 79 H I ~: , I (23) d :;l :: (24)'" :. :0 ., , , : , I s: -, I ,. ... .- .,....... '" 13 ~ ~ (9) ~ .............. (;u"r ......................323..................... '~ ~~ II (17) 30 ( 21) ,\.1 ~ &~& . N()V"t~ ~O+ to ~..Ic.- ( 25) 1 (31) fi T . 4 172 '" '360.74 ~~~ ~ (27) :5J I I I . I I I I !( 4) , I .. : 5<; --r ....;~ 173 .' :,.;.;..:~"';,~E;~'\~~,,:r~~:?71 Exhibit A SITE LOCATION Prescher S' l.mple Subdivision '-",:,,':'~:''';''J .,- _'::'-.~.,,_ :, _-':~h:""'_"~~~:"'-""";"_;";'_"'_-"<'~ :.:-_~,.. _\.;';''':'''_'!.,' e PROPOSED LeDIVISION FOR PLUMBLINE BUILDERS n Lot 19, "Linden Park, Hennepin Co.,' Minn." and Outlot C, MARILYNWOOD I , . > 1,',1 f 0 "<.' , ;..' -: ......~ '," .... ,: .',' "\".-,1 'T r---~; :,'\)... IV ~ n.; ~ / ' ~ 5() · \~ ~ ,t>..J \:\ ~ PrOfo-,~6 o\",',~iIOt'\ ~f(AAJ . , ..- I __ '" ~, tV 6'9 0,/0' E 2(). ()O I .~ , t " , -< I ' , ,_ 4>' EXISTING LEGAL DESCRIPTION Lot 19, "Linden Park, Hennepin Co., Minn." Outlot C, MARILYNWOOD Exhibit B PROPOSED DIVISION .-'.. .. . .. . :...... -' -'.." . ..~............-.. .. ":,.~,.:~..,,, .'-~ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 DECEMBER 1989 RE: PLOWMAN, DANIEL - SIMPLE SUBDIVISION FILE NO.: 405 (89.45) BACKGROUND Mr. Daniel Plowman requests approval of a simple subdivision to split the property located at 5220 st. Albans Bay Road (see Site Location map - Exhibit A, attached) into two lots (see Exhibit B). The property is currently zoned R-1A, Single-Family Residential and contains approximately 87,834 square feet of area. As can be seen on Exhibit B, Parcel A is occupied by a single-family residence. ANALYSIS/RECOMMENDATION The subject property was one of four parcels which had been assembled by the applicant for the Heights of st. Albans Bay subdivision. Having had the rezoning and plat for that project turned down, the applicant released his control over the other three parcels and now wishes to split the remaining parcel into two homesites. The property was originally platted as Lots 3 and 4, st. Albans Bay Heights and later combined into one parcel. With the exception of the southeast corner of Lot 3 (1125 square feet) the proposed division line coincides with the original lot lines. The applicant proposes to provide Parcel A with frontage on st. Albans Bay Road. The existing house currently shares access with a home to the south via a substandard public right-of-way over which a private driveway exists. Since no formal maintenance agreement exists for the driveway, the owner of the house wishes to have the option of direct access to st. Albans Bay Road in the event problems arise in the future relative to maintenance or use of the r.o.w. A Residential Community on Lake Minnetonka's South Shore ~ .'..;-...-.......... . . Re: Plowman, Daniel Simple Subdivision 29 December 1989 Both of the proposed lots meet the lot area, width and depth requirements of the R-1A district. As can be seen on Exhibit B, buildable area on both lots is ample. Based upon the preceding it is recommended that the proposed subdivision be approved subject to the following: 1. The applicant should provide drainage and utility easements 10 feet along each side of each side and rear lot line. 2. The applicant must submit up-to-date (within 30 days) title opinions for Lot 19 and Outlot C for review by the City Attorney. 3. The applicant must pay $500 in park dedication fees (credit is allowed for the lot with the house on it). 4. The above-referenced items must be completed within 30 days of the Council's approval of the request. 5. Once the applicant receives the resolution approving the request, he must record the division within 30 days. BJN:gs cc: Larry Whittaker Glenn Froberg Jim Norton Dan Plowman - 2 - II! !~ J 7 fa: (12) s: , ." \....;---_..__..- ..-----...:::'--______0 a ""~ I ~ ( 14) . I ( 15) ~ . '0 I ( 16) ~ Nof'th \.101 +0 ~~1-'\ 'if;~~ OUTlOT ~ 53 ( 1 ~ ( II) ........'0 R...... /.., ...., PART OF LOT '9 ( 10) 140.aa ;;:::.:1 f:!::: E..... (45) ". ;,t" ? 15R Ot--'~ 2.7 ;.... 220 -.;.... -.;.... VI ..... '" l:5 I r.... , , ...... , , , , , , , , , '<' , , , , , , , , , ( 5) ::.C:: ("'..j (4) el) )!IS! '!l " ~~ .,..,~\J .- .. \~.............. " ".,.El&~ .... ,.".,,,,,,,, . , . , , '. ' . ' grr- --r;j.....~ I ..~~""" ~ .r.s.s~ I ',. lOe.ot 1&0. . I ,0"4 Exhibit A SITE LOCATION Plowman simple subdivision >1>.. ;. .~ ~ v, ::7;r~~_ -:> '-\~~~ "-:,- .. .~~~/ ,~. :~v~! .,. ,. <- , , , , . , , , \ , \ , , \ " ...~; '-? 'y ," /.- .".... \...)..... ,. , /" , , , , .-- , , \ "'-- --.--\ I \ : ~" .. .~ . \ -..----4. \ \ :!; .~ 'J \ ----\ \ \ . I' \ J."{;'> ~....- . :\.' .::( (' ~ '"""- ~ , " '"''"' ) 'V'v 0.-. ~ ~ ~~ ~ ....7;.~S) ~ -' "<' P 'i-". ~() / / __.L.__ .. _.. .....-.....-" , , ., , , '. , , . . 195 ~2 :"'\tA~ o,j !,~:fo ~.4!" E.... (:<I5.'!i-8 "':,.6""J ..... .28' 38 \ \ . ."' \:. ". " (I \. .~~ . ;.. .~. l-- ~... v.,. '~..J I:,:"'". ,,- ^ ". s... 't. \ \ \ \ \ i -\ :.0 C ~~ C. ~f.A~ ....4 ":::.., i; "Z. I" o ... '0 -'\ ~ N ~: .~olJ' f, ::" W .~.. P..A~ '. ~ .04 0J ~C' ~ \ . .- . t. ,_. "'.':'!..'<. 'C~ :.. . .... t.. !.t~~ v~ T":-tC : , I ~ :'i..i;r:.&. ,. 1\:, - " o 30 ..0 '10 I 30 J . .5CALE IN FEET ". 'y',. . < , ."'". < ~) -.. :"y--:' , t.....(', tJ: DENOTE'!> FOUND IRON , , , , , , , , , ., , , , , , '. \ ~ " "- .~ /i~__) ~ ........... (j' '"T ~ 811 .J _.." . -"'30750' ,....~.~, .oj f!'l"'Z; c~"_ \"~ -.....\( .3~. :';:l. \ ~ \ ,,- - . ~'-'27G'O':" \ \ \ \ i ::~s , ~ .. ~r h~ -z.~ ~ .. ~ ~ N P,-:"":"" f~__ ; II ) . ~ ... . v~ ,......~ I": ..1 .:. \l'l <:l ~ ~ ~ ~ "{ · ~ i !: ' Ill' \.: "'~ i . '. I g , i I . I ~ "'LA" 'J s-a"" ~ ~ i?;S -~.. ~~.. H::lrn ~8- .,.,:t...i t::a.~ r+ r1''' .., i -. . f:r~! 5 'ia.~ ... '- _. .":11; Exhibit B PROPOSED DIVISION ~ - . . Orr Schelen Mayeron& Associates, Inc. JAN - 3 1900 2021East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners January 3, 1990 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Larry Whittaker City Administrator RE: Feasibility Report Proposal for Water Treatment Plant Shorewood, Minnesota OSM #0022-90 Dear Mr. Whittaker: Attached please find our proposal for preparing a Feasibility Report for a Water Treatment Plant for the S.E. Area Water System for the City of Shorewood. This proposal covers not only the technical information required, but also the potential methods of financing and cost distribution as well. Also enclosed is a copy of our Company Brochure, showing all of our vairous departments. Projects such as this require input from nearly every discipline of engineering, all of which we have in house. The time saved with the direct communication capability from a full service consulting firm, such as OSM, is a benefit to the City. As this treatment plant may be looked at as being built in a City Park, our Planning and Landscape/Architecture department will be invaluable in reviewing methods of incorporating functions of a water facility and park environment in the same setting. Or, we could also work with Shorewood's overall Master Park Improvement Plan. Our cost for accomplishing the work tasks shown on the attached Scope of Work breakdown is $12,000. We would perform these tasks in conjunction with other City Staff members as required to insure continuous communication for an understanding and agreement on the final report. Should the project go ahead, this cost would be included in the total project cost. Also, this fee would be credited toward the engineering fee as determined by the contract between the City and OSM. . . FEASffillITY REPORT PROPOSAL FOR S.E. AREA WATER TREATMENT PlANT FOR TIIE CITY OF SHOREWOOD, MINNESOTA SCOPE OF WORK AND - WORK TASK DESCRIPTIONS Listed below are the work task descriptions that will be used to prepare a feasibility report for the City of Shorewood. The purpose of this report is to explore the options available to the City as to the types of treatment available and their relative costs, as well as a method of assessment or cost distribution. For each critical task there will be a written technical memorandum to ensure understanding and agreement between the City staff and OSM in order to successfully complete the Feasibility Report. Task 105 - Project Initiation A project initiation meeting will be held to establish lines of communication, review elements of the project scope and schedule, and to finalize project goals and objectives. Applicable background data, design criteria, results of past projects, and other pertinent data will be reviewed with the City staff. Ta~k 110 - Management Plan A Management Plan will be prepared outlining each task, hours, and schedule to provide a communicative tool between the City and OSM in order to complete the report. Task 115 - Implementation A team meeting with the City staff will be held to review all known data and assignments issued as to tasks required. Ta~k 120 - Safe Drinking Water Act Compliance A review of the Safe Drinking Water Act as to how it applies to Shorewood's water treatment in order to meet standards will be carried out. Task 125 - Plant Site Alternatives Identifying and evaluating the available site areas that are feasible for the construction of a water treatment plant will be done. Meetings will be held with the Staff and other City Commissions to arrive at the most desired economically feasible site. . . Task 130 - Raw Water Ouality Raw water samples will be taken and analyzed to detect the presence of iron, manganese, and other contaminants in the water, to accurately determine the most effective and efficient method of treatment. (The cost for this is not part of the Proposal Cost. This work would be done by a certified laboratory and would cost approximately $500.00.) Task 135 - Treatment Alternatives Various methods of treatment will be analyzed, comparing the treatment method alternatives with the Raw Water analysis. Task 140 - Filter Design Filters will be sized based on the maximum treatment flow and the allowable filter bed loading rates in accordance with the Minnesota Department of Health Requirements and the "Ten States Standards". Task 145 - Control System Evaluation This task involves the connection and coordination of the treatment plant with the wells, pump units, and storage facilities. Task 150 - Alternative Energy Source This task involves evaluating the necessity of an alternative energy source, in order to maintain the operation of the treatment plant in an emergency situation. It could also save the City money by providing a peak shaving utility rate. Task 155 - Disinfection A disinfection system will be evaluated to meet the state's requirements for the protection of the city's population in conformance with the 1986 Amendments to the Safe Drinking Water Act. Task 160 - Cost Estimates A preliminary cost estimate will be prepared for each work task identified as requiring a cost, in order to properly evaluate the best method of treatment, and provide the City with a total estimated cost as part of the Final Feasibility Report. Task 165 - Financing and Cost Distnl>ution Alternative methods of financing will be reviewed. In addition, various cost distributions will be analyzed following cost benefit guidelines in line with legal criteria for assessing a project such as this. ,.-....-:.:...:.....;.... . ,".. ... .....: "'_;;':'.;'" :.: _-~.r.;:_-_..:_ ~:: :::._.';'.1'_' '.~_":;'_'__' .-; ....-.:...;-.- _. .-,-:.. .......M .....~ ......:t. ", '. _ ". ..J ... . ~. '... ._ '-; .".." _' . . . cc. Ce.vJ WEST SUBURBAN MEDIATION CENTER DEe 26 fgprt{pL 32 Tenth Avenue South, Suite 211, Hopkins, MN 55343 (612) 933-0005 December 21. 1989 Dear Mayor and City Council Members: On December 14th, the final decision was made by Hennepin County not to fund the West Suburban Mediation Center. the North Hennepin Mediation Project and the Minneapolis Mediation Program due to funding constraints on the part of the County Board. The County funds represented one-third of our budget. One-third of our 1990 income has already been approved by nine municipalities in our service area. In order for us to continue to be available for residents of your community, we are asking that the twenty-two (22) cities not already supporting WSMC. each consider a contribution of $700 to make up the sudden. unexpected shortfall for 1990. The remaining third will be raised through grants. corporate donations and community organizations. Your support is crucial for the continuance of our Center. We would appreciate hearing [rom you as soon as possible. Thank you! SAN/vm 10 l . . RESOLUTION NO. 4-90 A RESOLUTION APPROVING A SETBACK VARIANCE FOR ROBERT BROWN WHEREAS, Robert Brown (Applicant) is the owner of real property located at 20680 Garden Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, a portion of Applicant's property is located in a designated wetlands and in an area of poor soil; and WHEREAS, Applicant was granted a variance in 1983 to build his existing single-family dwelling; and WHEREAS, Applicant now desires to construct a detached garage on the property on the same building line as the existing house; and WH ERE AS, the location of the new garage on the property, along the same setback line of the house, will require a variance similar to the variance granted to the Applicant for the construction of the house; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated November 30, 1989, which memorandum is on file at City Hall; and WH ERE AS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at their regular meeting on December 5, 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on December 11, 1989, at which the Planner's memorandum was reviewed, the minutes of the Planning Commission reviewed, comments were heard from City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth Findings and Conclusions approving the application. NOW, T HEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in an R-1A zoning district which requires a 50 foot, rear-yard setback. ~'L-A \ ; . . j 2. T hat the proposed location of the garage would be approximately 36 feet from the rear lot line of the property and therefore require a 14 foot rear-yard setback variance. 3. That due to the poor soil conditions and the location of the wetlands, the garage cannot reasonably be located any closer to the front lot line. 4. That due to the nature of the Applicant's lot and the position of the existing house on the lot, the building site proposed by the Applicant for the detached garage would appear to be the most appropriate and the most reasonable use of the property. 5. That the Applicant has established undue hardship and has satisfied the criteria for the grant of variances under the appropriate of Minnesota Statutes and the Shorewood City Code. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a 14 foot, rear-yard setback variance. 2. T hat a certified copy of this resolution be filed with the Hennepin County Recorder or Registrar of Titles tvithin thirty (30) days of the date of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll C all Vote: A yes - Nays - , . . RESOLUTION NO. 5-90 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A SETBACK VARIANCE TO JEFFREY TRONSOR WHEREAS, Jeffrey Tronsor (Applicant) is the owner of real property located at 4365 Enchanted Point in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as follows: Lot 9, Block 1, Enchanted Park and WHEREAS, Applicant has an existing single-family dwelling located on such property which does not meet the side-yard setback requirements, being only two (2) feet from the west property line and sixteen (16) feet from the east property line; and WHEREAS, Applicant desires to replace the existing dwelling with a new home, the location of which would require a side-yard setback variance; and WHEREAS, the property does not meet the mInImUm lot area or width requirements of the current zoning ordinance, and therefore a conditional use permit is required for the construction of a new dwelling; and WHEREAS, the property does not meet the minimum width requirements for a conditional use permit and therefore requires an additional variance to the ordinance; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in his memorandum to the Planning Commission dated November 29, 1989, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at their regular meeting on December 5, 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on December 11, 1989, at which time the Planner's memorandum was reviewed, the minutes of the Planning Commission were reviewed, comments were heard from the City Council members and staff, and the City A ttorney was directed to prepare a resolution setting forth findings and conclusions approving the application. I '2..A '2.. . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: FINDINGS OF FACT 1. That the subject property is located in a R-1C zoning district which requires a lot to contain a minimum of 20,000 square feet of area and to have a minimum width of 100 feet. 2. T hat the subject property contains approximately 17,951 square feet, or approximately 90% of the R-1C requirement, and tapers in width from 68 feet along Enchanted Point to 55 feet at the lake, being only 66% of the lot width requirement. 3. That the Shorewood Zoning Ordinance provides for the granting of a Conditional Use Permit for construction of a dwelling in instances where the property is within 70% of the area requirements of the district in which the property is located, and therefore the property meets the requirements for the granting of the Conditional Use Permit as to the area requirements. 4. T hat inasmuch as the subject property has a width of less than 70% of the width requirement for the district, the property does not meet the requirements for the granting of a Conditional Use Permit and variance would therefore be required. 5. T hat the district in which the property is located requires a total side yard setback of 30 feet, whereas the Applicant proposes to construct a dwelling with setbacks of approximately 15 feet on the east side and 13 feet on the west side, therefore requiring a variance of 2 feet. 6. T hat the replacement of the existing dwelling with a new home would constitute a substantial improvement to the lot and would be a benefit to the neighborhood. 7. T hat the size of the proposed dwelling and its location on the property would be in keeping with the size and location of other homes in the neighborhood. 8. That due to the configuration and typography of the lot, the building site proposed by the A pplicant would appear to be the most appropriate and the most reasonable use of the property. 9. That the Applicant has established undue hardship and has satisfied the criteria for the grant of a conditional use permit and variances under the appropriate sections of Minnesota Statutes and the Shorewood City Code. . . CONCLUSIONS That based upon the foregoing, the City Council hereby grants the Applicant's application for variances and a conditional use permit as set forth above, subject to the following conditions: 1. T hat construction on the site shall comply with the shoreland impact plan as set forth in Exhibit A attached hereto and made a part hereof 2. That all site work comply with Shorewood City Code Section 1201.26, Subd. D 7. 3. That any future construction shall maintain a 13 foot side-yard setback on the west side and a 17 foot side-yard setback on the east side. 4. T hat a certified copy of this resolution, together with the Exhibits attached thereto, be filed with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - . . Certl flcat.. of S fer ~ urvey ,of Lot 9. [ll~~~n~s Grande Hennepin C . ENCIlA/IrED P,\RK ounty. Minnesota O\V' \ ~'i. ENCHANTED ';>Yo "<;;::'~E""7.':\",r ..... vi/ 't-:,~ ' -- ...... ", \) ~ , '- .. ..:. . ~ .:./ . ,. '" I-l1t k l' ~~ '~ ~ ~0 IA \ \~ ( .. \ \ C v ~ \ \,- 8 9 ~ ~ t ~ 1. ... ." ~ ~ .... ". ~ '" .. ~i. .. ... ... l ~ .. ; ~. 5~ .~ ~~ ~ ~ 1I"t :..... ~ . ~ : 'I.. f'~' ~.-,~F'~" ~ ~~"t. #i~J ~ I.' 1/.-,' ~\?t I "j J ('...\",~ e.. +0 b..... '/"f'\."';l'\+~;t'\t.d \" "," :' .~:". -vt'~ :. / ./ ~ . I . ,,,,~:,_/ -: ~\'71 i~~ "e~.Q.. ~ \);r"\ ~~*h\~ ~ l~~~ho('.e... ~-t~,-,Il- -h:J . ("Ltw'\A: 1'\ . . ~/ ".1 " :f.Ty>- t'P" '\ 0 ~ i' i>" ~<v ~\~ /'0/;1 flI'l'" -- /;.5'-1 r: iE~L OESCRIPTleN' at ~. iliaCI( I . . t.NCllANTEO PARK +-<v ",r;.; I hereby certify that thl ~1~rR~~~~~e~~ddt~~:tssuD~re~~~~ :~~ ~~:~ared by. State of Hinnesata.... urveyor under the laws ~~ ~he Scale Dale ,0 ..i . .(..-i 1 Inch . 30 feet 10-5-89 ton marker Exhibit ' A SHORELAND IMPACT PLAN n-'((1(1 ~ -ror I i, '. f , 't .... .' '-~ I " . .-, ..o;;~;1~ ,', /,f~'11 . " ".~ I , -.'I .1 . .i .:-. . r :: I . . RESOLUTION NO. 6-90 A RESOLUTION GRANTING A CONDITION AL USE PERMIT TO MINNETONKA PORTABLE DREDGING COMPANY, INC. WHEREAS, Minnetonka Portable Dredging Company, Inc., (Applicant) is the owner of real property located at 500 West Lake Street in the City of Shorewood, County of Hennepin, State of ~finnesota, legally described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Applicant has for many years provided dredging, excavation, rip-rapping and related construction and other services for residential and commercial lakeshore property owners in the City of Shorewood and the surrounding Lake ~finnetonka area; and WHEREAS, Applicant presently operates said business on its property pursuant to a non-conforming use permit issued by the City in 1964, which permit expires on December 31, 1989; and WHEREAS, on May 22, 1989, after a comprehensive study and a finding that there was a need for the kind of activity in the area conducted by the Applicant, the City adopted an amendment to the Shorewood Zoning Ordinance to permit the type of activity and service provided by Applicant as a conditional use within the C-4, Service Commercial District; and WHEREAS, on December 11, 1989, after a review of the comprehensive plan for the area in question and a finding that the existing land uses in the area are appropriate for the area and even "necessary for the enjoyment of the lake...", the City adopted an amendment to the Shorewood Zoning Ordinance rezoning the subject property from R-1A, Single Family Residential, to C-4, Service Commercial District; and WHEREAS, Applicant now applies for a Conditional Use Permit for operation of its business pursuant to the conditions and requirements of Section 1201. 23, S ubd. D. 4f. of the S horewood City Code; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in memorandums to the Planning Commission dated October 30, 1989, and November 29, 1989, which memorandums are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at their regular meetings on November 7, 1989, and December 5, 1989, the minutes of which meetings are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on December 11, 1989, at which time the Planner's memorandums were reviewed, the minutes of the Planning l'1 A ~ . . Commission were reviewed, comments were heard from City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth findings and conclusions approving the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. T hat the subject property is located in a C -4, Service Commercial District. 2. That the business activities and services provided by the Applicant are permitted as a conditional use within the C-4 district. 3. That Applicant has for many years been engaged in commercial and residential lake and lakeshore dredging, excavation, and related construction and supplementary services. 4. That Applicant's activity serves a valuable purpose on the lake, and there is a need for the activities and services provided by Applicant to continue in order to properly serve the community. 5. That a continuation of the present uses of the land are in accordance with the official City Comprehensive Plan and will not ad versely affect the general welfare, public health and safety of the community. CONCLUSIONS That Applicant's application for a conditional use permit for the operation of commercial and residential lake and lakeshore dredging, excavation and related construction and supplementary services is hereby granted, subject to the provisions of City Code Section 1201. 23, Subd. D 4f, and the following additional conditions: 1. T hat the landscaping plan specify plant sizes of 3 feet and half of the evergreen trees provided be between 5 and 6 feet high. That landscaping at the south end of the property shall consist of 10 spruce trees, no less than 6 feet in height, interspersed with buckthorn, and spaced 10 feet apart. T hat all landscaping and grading shall be performed in accordance with the schematic site plan and the landscape plans attached hereto as Exhibits Band D. 2. That Applicant shall submit a bid from a certified nurseryman based upon the attached landscape plan and provide a letter of credit in an amount of 1. 5 times the amount of the bid, to extend and be in effect for two growing seasons. 3. That to protect the landscaping from damage, Applicant will install timber pilings 4 feet high connected by a steel cable, which . - pilings will be no more than 6 feet apart, with the cable to be installed 4 feet above grade. 4. T hat the 6 foot wood fence on the east property line shall be extended to the southeast corner of the site and that a gate shall be constructed to allow emergency access to West Lake Street. 5. T hat A pplicant shall provide parking facilities as shown in Exhibits Band C attached hereto, and Applicant shall provide evidence that he has a permanent easement over the property to the south. 6. T hat the parking lot shall be paved, curbed and striped and the driveway providing access to the parking lot shall be paved within one ( 1) year from the date hereof. T he A pplicant shall submit a bid from a paving contractor to include all \'lork necessary to complete the parking area and driveway and provide a letter of credit in the sum of 1. 5 times the amount of the bid. Approval shall be obtained from the City Engineer and the lvIinnehaha Creek Watershed District for the drainage control plan for the parking lot area. 7. Applicant shall obtain all necessary approvals and shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction over the subject property, including the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, the Department of Natural Resources, the Lake Minnetonka Conservation District, and the local fire marshal. 8. This Conditional Use Permit shall be reviewed after a period of one (1) year and no less than every three (3) years thereafter to determine compliance with the provisions of the permit and to review maintenance of the parking lot and the use of the property. 9. That this resolution, together with the Exhibits attached hereto, be filed and recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - . . Lot 25, "Auditor's Subdivision Number 313, Hennepin County, Minnesota", except that part lying Westerly of the following described line: commencing at the Southeasterly corner of Lot 24 thence South along the East line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79025'40" a distance of 406.48 feet; thence deflecting right 94049'20" to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described; thence continuing along last described line to the shore line of Lake Minnetonka and there ending and that part of Lot 24 lying westerly and southwesterly of a straight line running from a point in the South line of said Lot 24 distant 100 feet southwesterly at right angles from the Northeasterly line of Lot 1, said subdivision to a point on the Northwesterly line of said Lot 24 distant 75 feet southwesterly at right angles from the Northeasterly line of said Lot 1, said sUbdivision, all in "Auditor's Subdivision Number 313, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Subject to a 12 foot easement for road purposes, the center line of which is described as follows: Commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25; a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 81039' a distance of 379.0 feet; thence deflecting right 58052' a distance of 46.06 feet to a point on the West line of above-described property and there ending as shown in deed Doc. No. 1052891, Files of Registrar of Titles. E-~h\ '0', t A y I ':0.-. --~. -- .... ~ "d. ~ ~ <- ~ w ~ ~ , \ , \ ~ D. _ -' ~h',b',+ e~____, d ~ c3 z_ -i.1J.... 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I)~v\ ~ RESOLUTION NO. -89 A RESOLUTION GRANTING A VARIANCE TO CONSTRUCT A FENCE WH ERE AS, R obert Whelan (A pplican t) is the owner of certain real property located at 5910 Cathcart Drive, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Applicant is the owner of a homestead structure on said property, and has constructed a fence six feet high which extends beyond the front of the structure to the street right-of-way; and WHEREAS, the Shorewood City Code requires that a fence be no higher than four feet when located from a point at 50% of the depth of the structure toward the street; and WHEREAS, Applicant has applied for a variance to permit the fence to remain in its present location as a non-conforming fence; and WHEREAS, a public hearing was held by the Shorewood Planning Commission to consider the variance on 5 September 1989, and 21 November 1989, for which notice was duly pUblished and all adjacent property owners duly notified; and WHEREAS, the Applicant appeared before the City Council at their regular meetin~ on 4 December 1989 at which time the Council heard comments; and/ yvHEREAS, the City Attorney was directed by the City Council to prepare a Resolution setting forth findings and conclusions approving the Applicant's request for a variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: FINDINGS OF FACT (1) That until the summer of 1989, Applicant had a six foot fence enclosing his property which fence had been constructed prior to the current ordinance and was therefore grandfathered as a non-conforming fence. (2) That during the summer of 1989, Applicant removed a section of his non-conforming fence, consisting of an 80 foot section along the southerly line in the front yard at a point in front of the point at 50% of the depth of the structure. (3) T hat A pplicant replaced the 80 foot section removed with a new section of six foot fence. /2A- 'I ~ -, . . . . " (4) That Shorewood ordinance requires that a front yard fence be no higher than four feet when located from a point at 50% of the depth of the structure and further requires that, when any non-conforming fence is replaced or partially replaced, the new fence shall be subject to all of the terms of the ordinance as to the portion of the fence which is replaced. (5) T hat prior to the summer of 1989 Applicant's fence had been in place for approximately 22 years and there had been no complaint from any of the owners of the neighboring properties. (6) T hat the replacement section constructed and installed by A pplicant is no different from the section of the fence that was replaced and conforms to the rest of the fence which has not been replaced. (7) That the variance, if granted, would not violate the intent and purpose of the City Comprehensive Plan and would not alter the essential character of the locality. CONCLUSIONS ( 1 ) That due to the construction of the existing fence enclosing the Applicant's property, the replacement section of six foot fence would appear to be a consistent and appropriate method of maintaining the fence. (2) That requiring the Applicant to remove the fence would constitute a hardship to the Applicant and would not improve the appearance or be a reasonable use of the land. (3) T hat based upon the foregoing, the City C ounci! hereby grants the Applicant's request for a variance as set forth hereinabove. (4) That the City Clerk furnish Applicant with a certified copy of this Resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 4th day of December, 1989. Jan Haugen, Mayor ATTEST: .' Laurence E. Whittaker City Administrator/Clerk ROLL CALL VOTES: Ayes: 5 Nays: 0 CHECK NO. CHECK APPRO~LISTING FOR JANUARY 8, 1990 C~IL MEETING TO WHOH ISSUED PURPOSE AHOUNT CHECKS ISSUED SINCE DECEMBER 1, 1989 3417 (1) 3418 (L) 3419 (L) 3420 (L) 3421 (L) 3422 (L) 3423 (L) 3424 (1) 3425 (1) 3426 (G) 3427 (G) 3428 (G) 3429 (G) 3430 (G) 3431 (G) 3432 (G) 3433 (G) 3434 (G) 3435 (G) 3436 (G) 3437 (G) 3438 (G) 3439 (G) 3440 (G) 3441 (L) 3442 (G) 3443 (G) 3444 (G) 3445 (G) 3446 (G) 3447 (L ) 3448 (1) 3449 (L) 3450 (1) 3451 (1) 3452 (L) 3453 (L) 3454 (1) 3455 (1) 3456 (1) 3457 (L) 3458 (L) 3459 (1) 3460 (1) BELLBOY CORPORATION GRIGGS, COOPER & CO. JOHNSON BROTHERS LIQUOR CO. HINNEGASCO, INC. HARRY NIEHELA NORTHERN STATES POWER CO. ED PHILLIPS & SONS QUALITY WINE & SPIRITS CO. RYAN PROPERTIES, INC. EDWARD NOBLE HED CENTERS HEALTH CARE, INC. BRADLEY NIELSEN FINLEY BROTHERS ENTERPRISE HARDRIVES, INC. INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CHILD SUPPORT ENFORCEHENT CITY COUNTY CREDIT UNION AFSCME LOCAL #224 ICMA RETIREMENT TRUST COMMISSIONER OF REVENUE PUBLIC EMPLOYEES RETIREMENT THE BANK EXCELSIOR MR. BYRON JAMES WILLIAM M. LUCIA COMMISSIONER OF REVENUE COMMISSIONER OF REVENUE R.E. MOONEY & ASSOCIATES PETTY CASH LEAGUE OF MN CITIES INSURANCE TRUST WENDY DAVIS ALL AMERICAN BOTTLING CORP. BELLBOY CORPORATION BOYD HOUSER CANDY & TOBACCO COCA-COLA BOTTLING CO. DAY DISTRIBUTING CO. EAST SIDE BEVERAGE CO. FRANK'S TRUCKING GRIGGS, COOPER AND CO. JOHNSON BROTHERS LIQUOR CO. MARK VII DISTRIBUTORS, INC. MINNESOTA BAR SUPPLY MN SUBURBAN PUBLICATIONS NORTH STAR ICE PEPSI-COLA COHPANY (CONTINUED ON NEXT PAGE) LIQUOR PURCHASES LIQUOR/WINE PURCHASES LIQUOR/WINE PURCHASES UTILITIES DECEMBER RENT FOR STORE I UTILITIES LIQUOR/WINE PURCHASES LIQUOR/WINE/MISC. PURCHASES DECEMBER RENT FOR STORE II RETURN OF ESCROW EMPLOYEE HEALTH INSURANCE-12/89 REFUND-PAYMENT OF RECORDER REPAIR CONS. VOUCHER NO. 1 - FREEMAN PARK PMT. VOUCHER NO.2 - STREET OVERLAY MEMBERSHIP FEE FOR 1989 PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS FEDERAL, FICA, MEDICARE DEDUCTIONS WATER REFUND-OVER PAYMENT WATER REFUND-OVER PAYMENT SALES TAX-NOVEMBER 1989 FUEL TAX-NOVEMBER 1989 SHIPPING ON INVOICE NO. 002684 NOVEMBER 1989 PETTY CASH DIFFERENCE ON MULTI-PERIL ENDORSEMENT POLICY-ENDORSEMENT AMOUNT MILEAGE-OCTOBER TO DECEMBER 13 POP PURCHASES LIQUOR PURCHASES CIG PURCHASES AND SUPPLIES POP PURCHASES BEER AND MISC. PURCHASES BEER PURCHASES LIQUOR AND WINE PURCHASES LIQUOR/WINE/MISC. PURCHASES LIQUOR AND WINE PURCHASES BEER PURCHASES SUPPLIES ADVERTISING ~USC. PURCHASES POP PURCHASES - 1 - $ 4,438.10 6,499.65 3,188.64 111. 00 1,292.00 239.24 1,473.55 1,031.17 1,922.58 1,000.00 389.10 22.57 41 ,415 .06 30,401.29 75.00 165.00 37.00 100.80 468.08 847.46 1,491.49 4,960.16 69.26 280.00 8,433.72 101. 98 15.25 38.07 41.00 22.88 207.80 2,105.50 2,533.65 282.68 6,045.12 7,959.20 269.88 3,545.05 2,276.25 6,783.50 224.55 400.00 151. 74 344.04 I~ CHECK NO. CHECK APPROVJlltISTING FOR JANUARY 8, 1990 CO~L MEETING TO WHOH ISSUED PURPOSE AHOUNT CHECKS ISSUED SINCE DECEMBER 1, 1989 CONTINUED 3461 (L) 3462 (L) 3463 (L) 3464 (L) 3465 (L) 3466 (L) 3467 (L) 3468 (L) 3469 (L) 3470 (L) 3471 (L) 3472 (G) 3473 (G) 3474 (G) 3475 (G) 3476 (G) 3477 ( G ) 3478 (G) 3479 (G) 3480 (G) 3481 (G) 3482 (G) 3483 (G) 3484 (G) 3485 (G) 3486 (G) 3487 (G) 3488 (G) 3489 (G) 3490 (G) 3491 (G) 3492 (G) 3493 (G) 3494 (G) 3495 (G) 3496 (G) 3497 (G&L) 3498 (G) 3499 (G) 3500 (G) 3501 (G) 3502 (G) 3503 (G) ED PHILLIPS AND SONS POGREBA DISTRIBUTING, INC. QUALITY WINE & SPIRITS CO. THORPE DISTRIBUTING CO. BELLBOY CORPORATION GRIGGS, COOPER & CO. JOHNSON BROTHERS LIQUOR CO. NORTHERN STATES POWER CO. ED PHILLIPS AND SONS QUALITY WINE & SPIRITS CO. WEEKLY NEWS, INC. LLOYD C. BACHE RICHARD F. WOOLDRIDGE ABEL HEATING, INC. ACRO HINNESOTA, INC. BACON DRUG, INC. BRAUN ENGINEERING TESTING C.H. CARPENTER LUHBER CITY OF CHANHASSEN CITY OF CHANHASSEN COMMERS CONDITIONED WATER COMMERCIAL ASPHALT COHPANY D.C.T., INCORPORATED DAVIES WATER EQUIPMENT HAROLD DIRCKS FEED-RITE CONTROLS, INC. FREDERICK-SHERRY OFFICE SUPPLIES FREIGHT EXCHANGE, INC. HR MANAGEMENT HENNEPIN COUNTY TREASURER VOTER REGISTRATION/ELECTIONS LEAGUE OF MN CITIES LEWIS SYSTEMS LONG LAKE FORD TRACTOR HC ~~YER AND SONS, INC. METRO AREA MANAGEMENT ASSOC. METRO WASTE CONTROL CO~l. MILLER/DAVIS COMPANY MINNETONKA PUBLIC SCHOOLS MINNEGASCO, INC. WH. MUELLER AND SONS, INC. MN SUBURBAN PUBLICATIONS NAVARRE HARDWARE BRADLEY J. NIELSEN (CONTINUED ON NEXT PAGE) LIQUOR/WINE PURCHASES $ BEER/MISC. PURCHASES WINE PURCHASES BEER PURCHASES LIQUOR PURCHASES LIQUOR/WINE/MISC. PURCHASES LIQUOR/WINE PURCHASES UTILITIES LIQUOR/WINE/MISC. PURCHASES LIQUOR/WINE PURCHASES ADVERTISING INTEREST ON WEDGEWOOD CONDEMNATION AWARD-ll/8/89-12/22/89 8% ON $6,000 INTEREST ON WEDGEWOOD EASEMENT AWARD 11/8/89-12/22/89 AT 8% REPAIR OF BADGER PUHPHOUSE HEATER OFFICE SUPPLIES BAND AIDS FOR PUBLIC WORKS TIMBER LANE ANALYSIS MANOR WARMING HOUSE MATERIALS SHOREWOOD PORTION OF FENCE/CATHCART ANIMAL PATROL FOR OCTOBER & NOVEMBER WATER COOLER RENTAL 5/4% MIX FOR PUBLIC WORKS CLEANING SUPPLIES PARTS FOR WATER LINES DECEMBER TAPING OF COUNCIL MEETING DEMURRAGE CHARGE FOR DECEMBER OFFICE MACHINE AND SUPPLIES SHIPPING FOR RECYCLING BINS CONSULTATION FEES NOVEMBER POSTAGE SECTION 13 COPIES FOR 1990 DIRECTORY OF MINNESOTA CITY OFFICIALS RECYCLING BINS SAW CHAINS DIESEL FUEL/WASHER FLUID ~~ LUNCH-L. WHITTAKER NOVEMBER SAC CHARGES CERT. OF EXEMPT/NOTICE & DE~~ND PHT. COPIER PAPER UTILITIES WINTER MIX FOR ROADS PUBLISHING SUPPLIES FOR PUBLIC WORKS MILEAGE-4/7/89-12/1/89 - 2 - 631.55 1,892.00 199.21 8,847.75 2,503.17 3,816.33 1,493.51 203.23 1,492.58 805.90 236.80 57.86 29.41 107.91 3.48 11.75 2,762.40 124.78 380.00 1,547.00 22.50 34.36 45.11 267.71 50.00 55.00 282.07 792.00 320.00 8.10 208.00 14,969.50 32.93 512.47 15.50 3,984.75 15.02 79.00 786.10 950.26 155.20 295.74 298.76 CHECK APPRO~LISTING FOR JANUARY 8, 1990 C~IL MEETING CHECK NO. TO WHON ISSUED PURPOSE ANOUNT CHECKS ISSUED SINCE DECEMBER I, 1989 CONTINUED 3504 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 (G) (G) (G) (G) (G) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) NORTHERN STATES POWER NORTHERN STATES POWER NORWEST BANK, NINNESOTA,N.A. OFFICE PRODUCTS OF MINNESOTA JOE PAZANDAK PUBLIC EMPLOYEES RETIREMENT SHOREWOOD TREE SERVICE DON STODOLA'S WELL DRILLING SPS COMPANIES TOLL COMPANY TONKA PRINTING TONKA AUTO AND BODY SUPPLY US WEST COMMUNICATIONS VICTORIA REPAIR & MFG. SHOP WASTE MANAGEMENT - SAVAGE WASTE MANAGEMENT - SAVAGE WATER PRODUCTS COMPANY BOB WEISS WIDMER, INC. WITT FINANCIAL WOOD LAKE SANITARY LANDFILL CHILD SUPPORT ENFORCENENT CITY COUNTY CREDIT UNION ICMA RETIREMENT TRUST PUBLIC EMPLOYEES RETIREMENT COMMISSIONER OF REVENUE THE BANK EXCELSIOR BELLBOY CORPORATION FRANK'S TRUCKING GTE DIRECTORIES SERVICE GRIGGS, COOPER & CO. JOHNSON BROTHERS LIQUOR CO. MINNEGASCO, INC. MINNESOTA BAR SUPPLY, INC. MN VICTORIA OIL COMPANY ED PHILLIPS AND SONS POGREBA DISTRIBUTING, INC. QUALITY WINE & SPIRITS CO. US WEST COMMUNICATIONS WASTE MANAGEMENT - SAVAGE AMERICAN LINEN SUPPLY CO. AMERICAN NATIONAL BANK CHAPEL CONSULTING, INC. CROSSTOWNOOCS, INC. DAVIES WATER EQUIPNENT CO. FEED-RITE CONTROLS, INC. JAN HAUGEN MINNEGASCO, INC. ALAN ROLEK SEARS US WEST COMMUNICATIONS WASTE MANAGEMENT-SAVAGE (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (CONTINUED ON NEXT PAGE) STREET LIGHT UTILITIES UTILITIES GO IMP. BOND 1/1/74-INT.&PRINCIPAL PRINT WHEEL-OFFICE SUPPLIES NOVEMBER AND DECEMBER MILEAGE PERA PAYROLL DEDUCTIONS BRUSH REMOVAL WATER TRUCK PARTS WATER TRUCK PARTS WELDING SUPPLIES NEWSLETTER PRINTING-OFFICE SUPPLIES SHOP SUPPLIES UTILITIES IRON FOR WATER TRUCK & SNOW SHIELD WASTE REMOVAL RECYCLING SERVICES FOR NOVEMBER METERS,HORNS AND SWIVELS FOR RESALE RETURN OF ESCROW REPAIR OF HYDRANT AT BADGER INVESTHENT FINANCIAL SERVICES DUMPING FOR SHOREWOOD SHOPPING CENTER PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PERA PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS FEDERAL, FICA, MEDICARE DEDUCTIONS LIQUOR PURCHASES LIQUOR/WINE PURCHASES ADVERTISING LIQUOR/WINE/MISC. PURCHASES LIQUOR/WINE PURCHASES UTILITIES SUPPLIES/MISC. SUPPLIES UTILITIES LIQUOR/WINE PURCHASES BEER/MISC. PURCHASES LIQUOR/WINE PURCHASES UTILITIES/ADVERTISING WASTE REMOVAL LAUNDRY SERVICES FEES DUE FOR COUPONS PAYABLE FEES AND MILEAGE FOR NOV. 1989 COFFEE, TOWELS, AND TOILET PAPER PARTS FOR WATER LINES CHEMICALS MILEAGE AND EXPENSES FOR ROCH. NTG UTILITIES MILEAGE FOR OCT-DEC 1989 FILTERS FOR WET/DRY VACS-PARKS UTILITIES RECYCLING SERVICES FOR DECEMBER 1989 - 3 - $ 1,656.51 1,558.99 77 , 685.00 28.00 80.87 1,082. 71 566.00 45.40 38.73 50.20 686.40 122.20 216.19 52.26 150.00 3,610.00 1,215.62 150.00 702.00 391. 25 52.95 165.00 37.00 468.08 1,476.26 841.24 4,917.65 3,627.75 77 .40 46.40 7,264.73 77 5.35 41. 08 317.85 147.42 673.16 653.40 748.73 175.99 92.00 316.02 50.00 235.00 176.00 47.63 1,256.37 319.44 92.77 31. 88 23.84 456.18 3,610.00 CHECK NO. CHECK APPRO.LISTING FOR JANUARY 8, 1989 CeIL MEETING TO WHOM ISSUED CHECKS ISSUED SINCE DECEMBER 1, 1989 (CONT.) 3556 3557 3558 3559 3560 3561 3562 3563 3564 3565 3566 3567 3568 3569 3570 3571 3572 3412 3413 3414 3415 3416 (L) (G) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) v (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) UTILITIES SPRAY ADHESIVE-PLANNING LIQUOR PURCHASES COPIER NAINTENANCE CONTRACT-QUARTER LIQUOR, \-lINE AND MISC PURCHASES 11/1/88-11/1/89 LIQ LIAB POLICY LIQUOR AND WINE PURCHASES LIQUOR PURCHASES WINE PURCHASES ADVERTISING DECEMBER 1989 EMPLOYEE POLICY UTITLITES NOVEMBER ENGINEERING FEES GENERAL 1,338.00 ON-GOING 4,494.26 DEVELOPMENTAL 2,185.88 KEN RANNOW 328.79 STREETS 1,087.90 SE AREA 49.45 SEWER PROJECT 200.20 REMAINDER OF QUESTIONNARE FEE CITY HALL JANITORIAL SERVICES FOR DEC. MICROFILMING SERVICES/SUPPLIES MICROFILM READER AND SUPPLIES DECEMBER ACCIDENT AND SICKNESS-EMPLOYEE DECEMBER LIFE INSURANCE-EMPLOYEE DECEMBER EMPLOYEE HEALTH INSURANCE DECEMBER EMPLOYEE HEALTH INSURANCE TRUST DECEMBER EMPLOYEE DENTAL INSURANCE MINNEGASCO, INC. ARTWORKS BELLBOY CORPORATION COPIER ALTERNATIVES GRIGGS, COOPER AND COMPANY KEN JARCHO INSURANCE AGENCY JOHNSON BROTHERS LIQUOR CO. ED PHILLIPS AND SONS QUALITY WINE AND SPIRITS CO. WEEKLY NEWS, INC. PUB EMP RETIREMENT ASSOC. AT & T ORR, SCHELEN, MAYERON AND ASSOCIATES PERSONNEL DECISIONS, INC. PIKE'S BUILDING MAINTENANCE SOURCE MICROFILM SERVICES UNITED MICROLABS, INC. MINNESOTA MUTUAL LIFE COMMERCIAL LIFE INS. CO. GROUP HEALTH INC. PHYSICIANS HEALTH PLAN LEAGUE OF MN CITIES INS PURPOSE AMOUNT $ 111 .00 9.29 1,085.32 30.00 3,766.67 473.62 3,879.88 470.74 308.92 236.80 18.00 29.15 9,684.48 1,425.00 275.00 761.14 686.06 108.00 34.20 254.70 3,350.00 415.34 TOTAL GENERAL 231,775.41 TOTAL LIQUOR 109,967.56 TOTAL CHECKS ISSUED 341,742.97 -4- CHECK APPROVJlllISTING FOR JANUARY 8, 1990 CO~L MEETING CHECK NO. TO WHOM ISSUED CHECKS ISSUED SINCE JANUARY 1, 1990 3573 (L) HARRY NIEMELA 3574 (L) RYAN PROPERTIES, INC. 3575 (G) CITY OF EXCELSIOR 3576 (G) SO LK MTKA PUB SAFETY DEPT. 3577 (G) US POSTMASTER 3578 (G) MEDCENTERS HEALTH PLAN 3579 (G) PHYSICIANS HEALTH PLAN 3580 (G) GROUP HEALTH, INC. 3581 (G) LMCIT INSURANCE TRUST 3582 (G) MINNESOTA MUTUAL LIFE 3583 (G) COMMERCIAL LIFE INSURANCE 3584 (G) US POSTMASTER 3585 (G) US POSTMASTER PURPOSE AMOUNT JANUARY 1990 RENT FOR STORE I $ 1,292.00 JANUARY RENT FOR STORE II 1,922.58 FIRST QUARTER FIRE CONTRACT 18,509.75 JANUARY POLICE CONTRACT 29,512.50 1990 THIRD CLASS BULK RATE PERMIT 60.00 JANUARY EMPLOYEE HEALTH INS 435.80 JANUARY EMPLOYEE HEALTH INS 3,772.00 JANUARY EMPLOYEE HEALTH INS 290.67 JANUARY EMPLOYEE DENTAL INS 362.94 JANUARY EMPLOYEE ACC/SICKNESS 108.00 JANUARY EMPLOYEE LIFE INS 34.20 POSTAGE FOR 4TH QUARTER WATER 261.87 AND SEWER BILLINGS POSTAGE FOR POSTAGE METER 750.00 TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -5- 54,097.73 3,214.58 57,312.31 CHECK APPR~ LISTING FOR JANUARY 8. 1990 ~CIL MEETING CHECK NO. TO WHOM ISSUED PURPOSE ANOUNT CHECKS FOR COUNCIL APPROVAL 3586 3587 3588 3589 3590 3591 3592 3593 3594 3595 3596 3597 AT & T UTILITIES $ AMERICAN LEGION CHRISTMAS PARTY CHASKA PARTS SERVICE FILTERS, SPLASH GUARDS, FITTINGS FROBERG AND PENBERTHY, P.A. DECEMBER 1989 ATTORNEY FEES GOV FINANCE OFF. ASSOC. 1990 SUBSCRIPTION FEE HENNEPIN COlNTY TREASURER CERTIFICATION CHARGES LK MTKA CONSERVATION DISTRICT 1990 LMCD BUDGET METRO SALES, INC. 1990 MAINTENANCE CONTRACT METRO WASTE CONTROL COMMISSo JANUARY SEWER CHARGES METRO WASTE CONTROL COMMISSo DECEMBER SAC CHARGES PEPSI-COLA COMPANY JANUARY POP ~~CHINE RENT JOSEPH PAZANDAK DECEMBER MILEAGE TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST -6- 22.73 180.00 189.02 4,341.00 55.00 65.50 14,052.00 1,335.00 22,793.64 2,277 .00 10.00 30.55 45,351.44 444,406.72 CHECK APPR. LISTING FOR JANUARY 8, 1990 .eIL MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL REGISTER FOR DECEMBER 5, 1989 PAYROLL 203557 VOID 203558 (G) LEONARD WATTEN COUNCIL $ 147.82 203559 (G) JANICE HAUGEN MAYOR 177 . 30 203560 (G) BARBARA BRANCEL COUNCIL 147.82 203561 (G) ROBERT GAGNE COUNCIL 150.00 203562 (G) KRISTI STOVER COUNCIL 150.00 203563 (G) LAURENCE WHITTAKER 80 REG HOURS 905.54 203564 (G) SANDRA KENNELLY 80 REG HOURS 756.68 203565 (G) SUSAN NICCUM 80 REG HOURS 526.84 203566 (G) ANNE LATTER 78.75 REG HOURS 498.17 203567 (G) ALAN ROLEK 80 REG HOURS 904.31 203568 (G) WENDY DAVIS 80 REG HOURS 542.96 203569 (G) BRADLEY NIELSEN 80 REG HOURS 892.19 203570 (G) PATRICIA HELGESEN 64 REG HOURS 574.27 203571 (G) ANITA MACKEY PLANNING MINUTES 73.91 203572 (G) VIRGINIA SNITH 48.50 REG HOURS 364.33 203573 (G) JOSEPH E. PAZANDAK 80 REG HOURS 796.69 203574 (G) CHARLES S. DAVIS 83 REG HOURS - 3 O.T. 419.98 203575 (G) DENNIS D. JOHNSON 80 REG HOURS 650.62 203576 (G) DANIEL J. RANDALL 85 REG HOURS - 5 O.T. 723.40 203577 (G) HOWARD V. STARK 82 REG HOURS - 2 O.T. 580.31 203578 (G) RALPH A. WEHLE 83 REG HOURS - 3 O.T. 573.93 203579 (G) DONALD E. ZDRAZIL 80 REG HOURS 938.25 203580 (G) JOSEPH P. LUGOWSKI 80 REG HOURS 645.41 203581 (L) RUSSELL R. MARRON 47 REG HOURS 233.59 203582 (L) CHRISTOPHE SCHMID 80 REG HOURS 417.08 203583 (L) JOHN F. THOMPSON 47.50 REG HOURS 225.38 203584 (L) MICHAEL J. KOEBENSKY 19 REG HOURS 97.37 203585 (L) BRIAN D. JAKEL 32.50 REG HOURS 156.05 203586 (L) MARK R. KARSTEN 26 REG HOURS 129.84 203587 (L) WILLIAM F. JOSEPHSON 80 REG HOURS 577 . 54 203588 (L) SUSAN M. LATTERNER 36 REG HOURS 160.77 203589 (L) DEAN H. YOUNG 80 REG HOURS 551.95 203590 (L) SCOTT B. BENNYHOFF 24 REG HOURS 114.95 203591 (L) SCOTT M. BARTLETT 45.50 REG HOURS 208.48 203592 (L) MICHAEL G. FONTAINE 22.50 REG HOURS 115.30 203593 (L) KELLY L. MICHELSON 20. sa REG HOURS 95.97 TOTAL GENERAL 12,140.73 TOTAL LIQUOR 3,084.27 TOTAL PAYROLL 15,225.00 -7- CHECK APPROVal STING FOR JANUARY 8, 1990 COeL MEETING CHECK NO. TO WHOH ISSUED HOURS ANOUNT PAYROLL REGISTER FOR DECEMBER 19, 1989 PAYROLL 203594 (G) LAURENCE E. WHITTAKER 80 REG HOURS $ 905.54 203595 VOID 203596 VOID 203597 (G) SANDRA L. KENNELLY 80 REG HOURS 756.68 203598 (G) SUSAN A. NICCUH 80 REG HOURS 526.83 203599 (G) ANNE P. LATTER 80 REG HOURS 505.40 203600 (G) ALAN J. ROLEK 80 REG HOURS 904.31 203601 (G) WENDY L. DAVIS 80 REG HOURS 542.97 203602 (G) BRADLEY J. NIELSEN 80 REG HOURS 892 .19 203603 (G) PATRICIA R. HELGESEN 64 REG HOURS 574.27 203604 (G) ANITA E. HACKEY PLANNING HINUTES 73 .91 203605 (G) VIRGINIA SHITH 60 REG HOURS 444.60 203606 (G) JOSEPH E. PAZANDAK 80 REG HOURS 796.68 203607 (G) CHARLES S. DAVIS 82 REG HOURS 417.91 203608 (G) DENNIS D. JOHNSON 124 REG HOURS 686.00 203609 (G) DANIEL J. RANDALL 80 REG HOURS 683.57 203610 (G) HOWARD V. STARK 82 REG HOURS 589.56 203611 (G) RALPH A. WEHLE 80 REG HOURS 539.95 203612 (G) DONALD E. ZDRAZIL 80 REG HOURS 938.24 203613 (G) JOSEPH P. LUGOWSKI 80 REG HOURS 662.21 203614 (G) BRIAN JAKEL 7.50 REG HOURS 40.65 203615 (G) TODD C. LATTERNER 16.75 REG HOURS 99.04 203616 (G) JEFF A. DETOFFOL 11.75 REG HOURS 54.40 203617 (G) JASON H. LESHEISTER 4.50 REG HOURS 22.17 203618 (L) RUSSELL R. HARRON 41. 50 REG HOURS 209.28 203619 (L) CHRISTOPHE SCHHID 80 REG HOURS 417 .08 203620 (L) JOHN F. THOHPSON 54.50 REG HOURS 255.80 203621 (L) HICHAEL J. KOEBENSKY 12 REG HOURS 61. 50 203622 (L) BRIAN D. JAKEL 45 REG HOURS 206.46 203623 (L) HARK R. KARSTEN 24.50 REG HOURS 123.79 203624 (L) WILLIAM F. JOSEPHSON 80 REG HOURS 577 . 54 203625 (L) SUSAN H. LATTERNER 36 REG HOURS 160.77 203626 (1) DEAN H. YOUNG 80 REG HOURS 551. 95 203627 (1) SCOTT B. BENNYHOFF 16.50 REG HOURS 80.09 203628 (L) SCOTT M. BARTLETT 37 REG HOURS 174.20 203629 (L) MICHAEL G. FONTAINE 19 REG HOURS 97.37 203630 (1) KELLY L. HICHELSON 16 REG HOURS 74.91 203631 (L) KEVIN T. FOSS 9 REG HOURS 42.13 TOTAL GENERAL 11 ,440.82 TOTAL LIQUOR 3,249.13 TOTAL CHECKS ISSUED 14,689.95 -8- CHECK NO. CHECK APPRO.LISTING FOR JANUARY 8, 1990 C.IL MEETING TO WHOM ISSUED HOURS PAYROLL REGISTER FOR JANUARY 3, 1990 PAYROLL 203632 203633 (G) 203634 (G) 203635 (G) 203636 (G) 203637 (G) 203638 (G) 203639 (G) 203640 (G) 203641 (G) 203642 (G) 203643 (G) 203644 (G) 203645 (G) 203646 (G) 203647 (G) 203648 (G) 203649 (G) 203650 (G) 203651 (G) 203652 (G) 203653 (G) 203654 (G) 203655 (G) 203655 (G) 203657 (G) 203658 (G) 203659 (G) 203660 (G) 203661 (G) 203662 (G) 203663 (G) 203664 (L) 203665 (L) 203666 (L) 203667 (1) 203668 (L) 203669 (L) 203670 (L) 203671 (L) 203672 (L) 203673 (L) 203674 (1) VOID LEONARD V. WATTEN JANICE M. HAUGEN BARBARA J. BRANCEL ROBERT L. GAGNE, JR. KRISTI STOVER LAURENCE E. WHITTAKER SANDRA L. KENNELLY SUSAN A. NICCUM ANNE P. LATTER ALAN J. ROLEK WENDY L. DAVIS BRADLEY J. NIELSEN PATRICIA R. HELGESEN ANITA E. MACKEY VIRGINIA SMITH JOSEPH E. PAZANDAK CHARLES S. DAVIS DENNIS D. JOHNSON DANIEL J. RANDALL HOWARD V. STARK RALPH A. WEHLE DONALD E. ZDRAZIL JOSEPH P. LUGOWSKI MARTEY JAKEL BRIAN JAKEL TODD C. LATTERNER NICK A. FIEDLER JEFF A. DETOFFOL JASON M. LESMEISTER JOHATHAN F. STEWART ERIC S. CHILES RUSSELL R. MARRON CHRISTOPHE SCHMID JOHN F. THOMPSON BRIAN D. JAKEL MARK R. KARSTEN WILLIAM F. JOSEPHSON SUSAN M. LATTERNER DEAN H. YOUNG SCOTT B. BENNYHOFF SCOTT M. BARTLETT DANIEL D. HAASKEN COUNCIL MAYOR COUNCIL COUNCIL COUNCIL 80 REG HOURS 80 REG HOURS 80 REG HOURS 61. 66 REG HOURS 80 REG HOURS 80 REG HOURS 80 REG HOURS 64 REG HOURS PLANNING MINUTES 60 REG HOURS 80 REG HOURS 80 REG HOURS 84 REG HOURS - 4 O.T. 93 REG HOURS -13 O.T. 86.50 REG HOURS - 6.50 O.T. 86.50 REG HOURS - 4.50 O.T. 80 REG HOURS 103.50 REG HOURS -13.50 O.T. 46 REG HOURS 37.50 REG HOURS 73.50 REG HOURS 11. 50 REG HOURS 44.50 REG HOURS 17 REG HOURS 75.75 REG HOURS 16 REG HOURS 45.50 REG HOURS 80 REG HOURS 18.50 REG HOURS 42 REG HOURS 43 REG HOURS 80 REG HOURS 49 REG HOURS 80 REG HOURS 13 REG HOURS 54 REG HOURS 37 REG HOURS -9- AMOUNT $ 147.82 178.50 147.82 150.00 150.00 903.54 756.13 496.78 399.92 894.38 538.96 799.94 389.63 19.71 445.80 779.03 380.93 688.76 806.94 622.75 577 .00 937.72 815.34 222.08 185.83 367.88 56.67 181. 98 83.77 373.26 71.48 228.16 416.84 95.75 195.25 199.29 578.58 210.31 551. 76 63.01 243.65 175.09 CITY OF SHOREWOOD pARK COMMISSION MEETING TUESDAY, DECEMBER 12, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM MINUTES CALL TO ORDER Chairman Laberee called the meeting to order at 7:08PM. ROLL CALL Present: Chairiman Laberee, Commissioners Christensen, Lindstrom, Andrus, Wilson, Weatherly (7:22pm), and Vogel (7:58pm). Also Present: Administrator Whittaker, Public Works Director Zdrazil, and Council Liaison Gagne MANOR PARK - LIGHTING SKATING AREA Public Works Director Zdrazil was present to explain that he had received an estimate from A.G. Electric for $1017.43. The estimate included lamps, fixtures, and installation. N.S.P. has offered the City two 300 watt used lights and will put them on the pole. The responsibility of the electrical connection from the pole to the box will lie with the City. Christensen moved, Lindstrom seconded, to accept the donation from N.S.P., to thank Public Works Director Zdrazil and N.S.P., and that the Park Capital Improvement Fund pay for the necessary electrical connections. Motion carried - 5/0. The Commission also discussed the ramps and handrails, and skirting around the trailer. Zdrazil said they plan to "skirt" the trailer with snow. He also said they started flooding the skating rinks today, they would have started sooner but were delivering "recycling bins". Gagne explained the use of the bins. HOLIDAY GREETINGS Mayor Haugen stopped into the meeting to wish everyone "Happy Holidays", and to invite the Commission to the City Christmas Party. SILVERWOOD PARK - SLIDING HILL Public Works Director Zdrazil and Commissioner Lindstrom visited Silverwood Park today and looked over the sliding area. They said some stumps and logs have to be removed. This will be done. CATHCART PARK - HOCKEY RINK The Commission asked what the situation is with the Cathcart rink. Zdrazil said the rink has been repaired and will be maintained this year. Next year a new rink will be built. 7:22 PM - Public Works Director Zdrazil left the meeting and Commissioner Weatherly arrived. -1- PARK COMMISSION MINUTES TUESDAY, DECEMBER 12, 1989 Page two QUESTIONNAIRES - SILVERWOOD PARK The Park Commission discussed the questionnaire that was sent to the residents in the area of the proposed park. They reviewed the available material and specifically discussed methods of statistically analyzing the material, such as weighting and averaging the information, or werghting it only. Weatherly felt weighting only was the appropriate step to take. There was some concern shown over the fact that the categories "grassy passive common area", "softball field", "all-sports turf field", and "pick-up ballfield" overlap. The Commission discussed how to present the information. Weatherly offered to analyze the information. She said then people can be told the outcome. The Commission requested that all the results be given. They will put the information in the next newsletter. APPROVAL OF MINUTES Lindstrom moved, Andrus seconded, to approve the minutes of Tuesday, December 12, 1989, as written. Motion carried - 6/0. 1990 COUNCIL LIAISONS January.. ........ ..Lindstrom February... ...... ..Weatherly March......... .....Vogel April.... ........ ..Laberee May. . . . . . . . . . . . . . . . Andrus June. . . . . . . . . . . . . . . Wi 1 son July. ..............Wilson July.. ... .... ...Wilson August... ... ....Andrus September. ... ...Laberee October.... .....Weatherly November.. ......Vogel December. .......Lindstrom COMMISSION APPOINTMENTS Chairman Laberee informed the Commission that two positions are up December 31, 1989. Administrator Whittaker will contact the two Commission members. Commissioner Weatherly informed the Commission that she may have to resign in the spring due to reasons involving her job. The Commission encouraged her to remain until she is sure resignation will be required. ELECTION OF 1990 CHAIRMAN AND VICE CHAIRMAN Commissioners Lindstrom and Laberee explained how the Chair and Vice- Chair are usually choosen. Lindstrom moved, Weatherly seconded, to recommend to Council to appoint Gordon Christensen Chairman of the Park Commission and Jim Andrus Vice- Chairman of the Park Commission for 1990. Motion carried - 6/0. PARK PLANNER/LANDSCAPE ARCHITECT RECOMMENDATIONS The Commission discussed the information submitted by: Wehrman Bergly Assoc. Inc. Donald Brauer Mike Gair and Assoc. Dahlgren, Shardrow, and Uban Westwood Planning and Engineering Van Doren Hazard Stallings, Inc. James Robin . -2- PARK COMMISSION MINUTES TUESDAY, DECEMBER 12, 1989 Page three The Commission discussed large firms vs. small firms, the advantages and disadvantages of each. The Commission felt that some things are important, such as: knowledge of marketing strategy experience with comprehensive plans ability to design- park facilities sense of what parks should be have the interests of the Park Commission and City Council at heart efficient fast good They discussed cutting the list to four, then writing to these four and asking for their general qualifications and asking them to give us a proposal for Silverwood Park. The City would provide a survey, topography map, the old plan, and the results of the Silverwood Park Survey. They would then interview each one, asking what their fees would be. They felt they should receive information before the meeting. It was suggested that the time be divided into three segments, the presentation, a question and answer period, and comments and discussion. Chairman Laberee and Administrator Whittaker will meet and set up what is needed, and make arrangements to contact Wehrman Bergly Assoc. Inc., Westwood Planning and Engineering, Van Doren Hazard Stallings, Inc., and James Robin. They will all receive the same information and be asked to give a presentation. The meeting of January 23, 1990 has been set as a tentative date for interviews. MATTERS FROM THE FLOOR Mr. Steven Dzurak, speaking for the Covington Vine Ridge Homeowners Association, talked to the Commission about the outlot that the City has a trail easement on. He said they are interested in improving the outlot. He is asking for direction. He said they would like to choose a specific place for the trail to go, then just knock the weeds down in an area about 51 wide. The Commission suggested Dzurak talk to Building Official Nielsen to see who he should talk to at the DNR, in case they have any restrictions or suggestions. The Commission also discussed the Silver Lake access, and the problems caused by the Old Market Road intersection. Dzurak asked when he should come back before the Commission? They said any time. REPAIRS None reported. -3- PARK COMMISSION MINUTES TUESDAY, DECEMBER 12, 1989 Page four BUDGET Council Liason Gagne and Administrator Whittaker explained funds trans ferred from the General Fund to the Park Capi tal Improvement Fund to cover the 1989 improvements. This will have to be repaid to the General Fund when the PC IF is solvent. Whittaker also explained Defeasance money and what it will be used for. He said there will be more discussion on this in 1990. ENGINEER1S BILL Park Commissioner Christensen said the City Administrator brought up the bill to be paid and Council Liaison Gagne presented the Park Commissions viewpoint. Christensen then went on to mention the three issues he wanted to discuss, and presented them to the Council. See Council Minutes of December 4, 1989-pages 9, 10, 11 & 12. (attached) Christensen said he noted a parallel between the Freeman Park problems and the water treatment. COUNCIL LIAISON Gagne reminded the Commission that they may have another Council liaison starting at the first of the year as the Council rotates. The Commission thanked him. FREEMAN PARK RETAINER The Commission asked if there were any retainers still being held? Whittaker said a 5% retainer is being held on the fence until back- filling around the concrete in the holes is done & warning tracks restored CROSS COUNTRY SKI TRAIL GROOMING Vogel said Carver County does not have time to groom the trails in Freeman Park for cross country ski trails. Whittaker suggested contacting the DNR. Laberee will contact them. Lindstrom said he has a relative with a simple machine that could do it. Lindstrom will check with the Snowmobile Club to see if their groomer would work. CLEARING AREA AROUND OUTFIELD FENCE ON THE WEST OUTFIELD - FREEMAN PARK It was suggested that the area around the outfield fence on the west outfield be cleared for home runs and to provide better access to the soccer field. Laberee suggested that the Park Commission inspect the area before reaching any decision. ADJOURNMENT Weatherly moved, Lindstrom seconded, to adjourn at 9:23 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED FROM NOTES AND TAPE Sue Niccum Parks Administrative Assistant '-:':". .>,...:~.. _..~.~~-: 4. .,_ ..... .. . . . ( I~' COUNCIL MINUTES MONDAY, NOVMEBER 4, 1989 Page ten STAFF REPORTS - Continued ADMINISTATOR'S REPORT - Continued OSM Contract/Fees - 1990 - continued Engineer Norton said there is an increase of approximately 5%. Mayor Haugen thanked Norton for the information and said the contract will be discussed at the first meeting in January, 1990. Gagne asked how the Council knows that the Engineering fees are in line? He asked if any proposals had been received to use as comparison? Watten said he thought the fees were in line. Brancel would like some proposals for comparison purposes. Gagne pointed out that the Park Commission does not care to work with OSM. He said the Council could direct them to do so anyway but felt it would cause problems. Watten fel t there are few firms that have the expertise of OSM. He thought putting out RFP's would be a problem unless explicit directives were given. Administrator Whittaker said the City has received several "Park Planner /Landscape Architect" proposals. He also said ,changing Engineers is simple, but a 30 year history is hard to put a value on. If you have problems with a particular fee, discuss that with the Engineer.rather than changing firms. Watten agreed that continuity is worth a lot. Whi ttaker .-said if Council is going to consider other firms, they should consider fees, qualifications, experience, etc. Haugen said if the problem is primarily due to Park Commission problems, the Council should discuss and examine the proposals received for a Park Planner/Landscape Architect. Haugen did not recall any previous problems with OSM. Stover said the Firiance Committee asked for comparison figures regarding engineering fees at one time, and they turned out to be in line with everyone else. Gagne said the reason he brought up the Park Commission dissatisfaction is because, as Council Liaison to the Park Commission, he would not be doing them justice if he did not express their concerns. He said if the problem can be settled by discussing a particular issue, let's discuss that issue. -10- :-- -~ .... :.._~ . _: --. . "--. .-- _.:-~i: ~. ..... ~ ;. :,-. . '"" .-~ ~. . ~ .a.. ._~ _.'. '.-_ ...___'.... ..__r~-'.".~ (--, COUNCIL MINUTES MONDAY. DECEMBER 4. 1989 Page 11 STAFF REPORTS - Continued ADMINISTRATOR'S REPORT OSM Contract/Fees - 1990 - continued Administrator Whittaker said he personally finds it very difficult, not only because of feedback from the Park Commission, to believe that there is currently an $8500 bill, without the November - inspection costs, for the Freeman Park fences, when we had an estimate for plans, specs, and supervision from Geroge Haun, although he is uncertified, for $1200 to do the job. He said the fence cost was $43,595. and questioned the percentage. He said it had been discussed by the Park Commission and the Council and he feels the Engineer should be given an opportunity to give an explanation. Gagne asked that Norton explain why the plans and specs done by Haun ended up with the OSM stamp on them. Engineer Norton said he thinks OSM was asked to use those drawings and specs. He said they ce~tainly didn't need them. He prepared plans and specs for the Babe Ruth Baseball field 11 years ago. He said he has all the necessary experience, design criteria, and specifications to put together plans and specs himself. He said the City wanted to use Haun and thats their perogative, and he'd be happy to use him as an additional consultant. He said the two pages of specs received from Haun probably came from the City of St. Louis Park and were no different than what he prepared 11 years ago. He mentioned the duplication of effort. He does not feel the bill is out of line. Gagne said he felt the percentage was high, at around 20%, and asked if there wasn't a flat fee charged by OSM on a project? Norton sa~d no, in the contract anything below $100,000 is "time and material'~.. He said the percentage was less because the warning track, at $11,000, was included, making the total $54,594.80, at 15.5%. On the curve ,the contract-strictly for design would be 10.5% to 11%, and the surveying, construction staking, and inspection would be again that much, so from 15% - 20% is not unreasonable for a small job. Stover questioned ~he duplication on the plan. Whittaker said Norton had Haun's plans and specs. Council authorized Norton to do plans and specs because they felt certification was important. He said the contention is that because Norton received fairly complete plans and specs, it should have made less work for OSM, res luting in a savings to the City, and its possible that when Norton's response is received, it will show it did so. Park Commissioner Christensen, after listening to the comments, said there are three issues he'd like to bring up: -11- '. ",..'",::.. - -'. - "-:-"'-.' COUNCIL MINUTES MONDAY, DECEMBER 4, 1989 Page twelve r- ,r-~. STAFF REPORTS - Continued ADMINISTRATOR'S REPORT - CONTINUED OSM Contract/Fees - continued It's true the Park Commission has lost confidence in the Engineer. A motion was made by the Park Commission to the Council recommending that the City Engineer no longer be used for work in the parks. Seven RFP's have been received on Park Planner/ Landscape Architects and these firms are being evaluated. Secondly, relating to "old" news relating to grading, sodding, finishing, etc. He would like to state that he feels the City Administrator, Public Works Director, Engineer Norton, and Asst. Clerk Niccum did a wonderful job of resolving the e~isting problems to "everyone's satisfaction. The third issue is the Engineer's costs relating to the Freeman Park ballfield fencing. In his view the cost is excessive. He said the person they had been working with, George Haun, prepared the material. He didn't feel it was important where the material came from. He said the Commission was satisfied with them. It was requested, and rightfully so, that these materials be reviewed by a registered engineering firm, and they were. He said the review, whatever the process involved in terms of analysis, took the form of using the materials that were given to the firm, stamping them with their stamp, and returning them with a bill for approximately $5700. Christensen said he felt this was totally excessive, and exacerbated by additional bills for inspection service,surveying services, other services, that were originally covered for $1200. Norton said he was hurt by the fact that the Park Commission has lost confidence. He tries to do as good a job as he can. He questiqned whether $1200 would cover this. He said Haun prepared no plans, '"no specs, did no construction staking, and a minimum amount of inspection, and still got 2/3-3/4 of the $1200. He also said because Haun is not registered, it has an impact on insurance and City liability. Norton said he would like the opportunity to reply in detail to the bill. The Council asked:him to do so by the 2nd meeting in January, 1990. Norton also suggested that they hold his bill until that time. Watten suggested getting cost estimates before jobs are done. Haugen asked Norton if the City did the labor, did it make a difference? Norton said it would depend on the project. -12- SHOREWOOD PARKS MANOR We acquired additional land and this allowed us to reorient the volleyball court and playground equipment for better usage. During relocation, the City crew placed sand under the playground equipment for added safety. A fence was installed along the western park boundary. Two openings were made in the parking lot fence to improve accessibility. The tennis court was resurfaced. A temporary warming shelter is there there this year and an attendant has been hired for the skaters on the pond. BADGER The new hockey rink had its first winter of use. Other municipalities have visited the Badger rink and it has become a model for others to use. The Park Commission would like to compliment the City crew again for their quality of workmanship. Bleachers were moved from the BMX track to the football field. The field was "top-dressed" and.. .....with the new water sprinkler......the field has been improved to the point that the Football Association called it the best field in their program. CATHCART Due to the widening of Cathcart Drive and its proximity to the Little League Field, a fence was installed (at no cost to Shorewood) parallel to Cathcart Drive for safety purposes. A road crossing the park at its southern end was closed.... ..adding more useable area to the park. A plan was developed to reorient the ballfield to minimize problems with the afternoon sun and also to provide parking on park property. SILVERWOOD PARK A questionnaire regarding types of useage preferred by the neighbor- hood was developed and mailed to them. The response is now being tabulated. Minimal maintenance was done to provide a winter sliding area. FREEMAN PARK Three softball fields with warning tracks and fencing are now complete- and we have areas for soccer and football. The nature trail was extended along the north and east boundaries and a cross country ski trail has ben cited. THE HENNEPIN COUNTY RAILROAD CORRIDOR The City turned the railroad right-of-way into the "Shorewood Hiking and Biking Trail". In effect, a new recreational facility was created. We have taken a leadership position and are encouraging other com- munities to make similar improvements which will culminate in a con- tinous trail from the City of Minnetonka to the City of Victoria. We've added something for kids and seniors, individuals and organizations, our parks are safer, and we have more facilities.