Loading...
050988 CC Reg AgP . ...lfIIIfDl'.~..~" MAY , . .... . ... t PJIa' 3;/ . . . CITY OF SHOREWOOD REGY~ COUNCIL MEETING MONDAY, APRIL 18, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 5:30 P.M. MINUTES CALL TO ORDER The Special Council meeting of the Shorewood City Council was called to order at 5:30 p.m., Monday, April 18, 1988, in the Council chambers by Acting Mayor Brance1. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Brancel opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop (Arrived at 5:43 p.m.) Councilmembers Stover, Gagne and Acting Mayor Brancel. Haugen absent. Staff Attorney Froberg, Engineer Norton, Adminstrator Vogt, Planner Nielsen, and Clerk Kennelly. GALPIN LAKE WOODS - FINAL PLAT AND DEVELOPMENT AGREEMENT RESOLUTION NO.36-88 Planner Nielsen has not received a survey from Arens or their surveyors. Barbara Jo Arens explained her discrepency in the Galpin Lake Woods plat as it exists. She had a survey done in 1955 by a neighborhood property owner, that includes her property. Ms. Arens felt this survey agrees with their opinion on the property lot line. In good faith of trying to protect their property, they are asking the city not to grant the approval of the subdivision until the 10' discrepency has been determined. Surveyor Jeff Lindgren agrees that the corner setbacks are correct but another stake was found and the source of this stake should be determined prior to approval. Jeff Schoenwetter's surveyor, Bruce Grivna, feels that the Egan, Field & Nowak survey is correct and that it agrees with the Arley Smith survey done in 1940. Council questioned what legal steps could be taken in order to settle this line dispute. Ms. Arens stated the N.S.P. trimmed a tree in their yard that displaced a horned owl nest. She asked that the developer watch for that nest and not displace it again. /A , ~ . . SPECIAL MINUTES - MONDAY, APRIL 18, 1988 PAGE TWO GALPIN LAKE WOODS - CONTINUED Gagne felt that the direction was given at the last Council meeting to have an agreement on the survey determined prior to this meeting. Developer Jeff Schoenwetter, stated that Hedlund Engineering, his surveyor and the County sureveyor agree with his plat. He has complied with all City codes and Ordinances and is asking for plat approval. ( Stover questioned Engineer Norton about drainage easements needed. Norton stated that drainage will be provided for within the Development Agreement. A letter is to come from the Watershed District regarding replacement of the existing drainage pipe. Rascop moved, seconded by Gagne, to approve the final plat and to authorize the Mayor and City Clerk to execute the Development Agreement as submitted. Motion carried - 4 ayes by Roll Call Vote. SPRING CLEAN-UP Stover suggested that the City make some arrangement to pick up senior citizens junk for clean-up days. Rascop would support setting up a volunteer program for next years clean-up. Vogt stated that the City will be recognized at a luncheon on April 21st, as 1 of 12 cities that met the standards for recycling collections set by the County. ADJOURNMENT Gagne moved, seconded by Stover, to adjourn the special meeting of April 18, 1988 at 6:15 p.m. Motion carried - 4 ayes. -2- . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 25, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, April 25, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly, Finance Director Beck and Public Works Director Zdrazil. APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of April 11, 1988 as amended on pages 2,4,5,7 and 8. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Request for the Use of Manor Park Ballfield Jim Bean was present to request that the City postpone their plans to reseed Manor Park ballfield in order for a group of children to use the field. He spoke to Park Commissioner Vogel and he felt that if the seeding was not completed this week it would be better to wait until September. Brancel expressed the Park Commission's wishes to have the field completed once and for all. She would like this request returned to the Park Commission. Mr. Bean will also attend that meeting. Public Works Director Zdrazil spoke to Commissioner Mark Laberee, he stated that September was a better time to seed. Request for Reinstatement - South Forty Addition Wayne Pokorny was present to request that the Council reinstate his original application for a preliminary plat that was denied at the last Council meeting. Stover reviewed his original request. Pokorny originally asked that his application be tabled until February 2, 1988 to submit needed information. No additional -1- I~ . MINUTES - MONDAY elL 25, 1988 PAGE 2 . Re uest for Reinstatement - South Fort Addition - continued ln ormatlon was recelved, until a letter requesting an extension was received. Haugen moved, seconded by Gagne, to have Nielsen review the material submitted today and come back to the Council with his findings. Motion carried - 5 ayes. PARK COMMISSION REPORT Brancel reviewed the Park Commission discussion on supplying water to Freeman Park. Engineer Norton was asked for a cost estimate to supply water to sprinkle the field from Shorewood Oaks Development. Norton submitted two estimates for two different routes, Plan A and Plan B, he also esitmated $5,000.00 an acre for an irrigation system. Plan A - $6,500.00 and Plan B - $8,800.00. These two routes bring water to the park property line and hoses and sprinklers will be used to water the fields. Plan B also includes resurfacing a street as needed. Brancel moved, seconded by Gagne, to accept Plan A for a water supply for Freeman Park. The Council discussed the future needs and the best plan for the park. Norton estimated a two week install time and stated that the best plan would be a looped system. Brancel moved to amend her motion and request that both Plan A and Plan B be authorized for installation, seconded by Gagne. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to authorize the Engineer to proceed with preparation of plans and specifications for the water installation. Motion carried - 5 ayes. CONSENT AGENDA Weed Spraying Contract Council accepted a bid in the amount of $2,510.00 from Mahoney Services for the 1988 weed spraying contract. Reclassification of Position - Secretary Administrator Vogt recommended that the Telephone-Operator Receptionist be changed to Secretary for the Stanton Report and because it best describes the work being done by this position currently. Freeman Park Grading Project No. 87-5 - Change Order No.1 Engineer Norton submitted a change order on the Freeman Park grading project. The change order total is $22,450.00 for additional work added to the existing contract. Engineer Norton -2- . MINUTES - MONDAY elL 25, 1988 PAGE 3 . CONSENT AGENDA - Freeman Park Grading - cont. stated that the change order "Contract to date" amount was listed incorrectly and should be $71,805.00. Proclamation Establishing May 8-14 as Municpal Clerks Week A proclamation was submitted from the Municipal Clerks Association setting May 8-14, 1988 as Municipal Clerks Week. Haugen moved, seconded by Stover, to approve the items on the Consent agenda. Motion carried - 5 ayes. NEAR MOUNTAIN PLANNED UNIT DEVELOPMENT - REVISED CONCEPT DEVELOPMENT STAGE PLAN RESOLUTION NO.37-88 Mayor Rascop opened the Public Hearing at 8:02 p.m. to hear a request from Peter Pflaum of Lundgren Bros. Construction to revise their concept and development stage plan. Mr. Pflaum explained their changes would be in the areas of eliminating condo and townhouses and replace them with single family dwellings. This would reduce their building units from 39 to 28 in one area and 56 to 29 in the other. Ed Bergslein asked the approximate cost of these homes. Mr. Pflaum stated that one area would have homes in the $130,000.00 to $200,000.00 range and another area from $200,000.00 to $350,000.00. He stated that this was the strong market price range. Rascop closed the public portion of the hearing at 8:10 p.m. after requesting and receiving no further comments. Gagne clarified that the utility installation costs will still be borne by the developer just spread over fewer units. Park fund fees will be calculated as previously agreed to for a unit reduction. Sewer equalization will be based on only the units built and a reduction in revenue from water sales can be anticipated. A flag lot will exist due to the need for excessive site alterations. Lot frontage will be altered to meet the required width on all buildable lots. Outlots A wetlands. including Ordinance wetlands. and B will be dedicated to the city because they are It is requested that the outlots would have restrictions no use of motorized vehicles. Council felt than an amendment be drafted to prohibit motorized vehicles in all Stover moved, seconded by Brancel, to approve the revised concept and development stage plan. Motion carried by Roll call Vote - 5 ayes. Haugen moved, seconded by Stover, that an Ordinance be drafted as an amendment to the wetland Ordinance prohibiting the use of motorized vehicles within the wetlands area. Motion carried - 5 ayes. -3- MINUTES - MONDAY .IL 25, 1988 PAGE 4 . PUBLIC HEARING - BAYWOOD SHOPS REQUEST FOR CONCEPT STAGE APPROVAL AND CONDITIONAL USE PERMIT FOR COMMERCIAL PLANNED UNIT DEVELOPMENT Mayor Rascop opened the public hearing at 8:25 p.m. to hear a request from Dick Dreher of Dreher Assocfates. He is requesting concept stage approval of a conditional use permit for a commercial planned unit development. Mr. Dreher reviewed his plans for the site which would include a new Tom Thumb Store with gas pumps and an attached additional square footage that would be used for small retail shops. The proposed plan included three (3) accesses from County Road 19, one of which could be jointly used by the parcel to the north. He reviewed proposed signage and the need for extensive landscaping. Guy Streeter, representing the American Legion, expressed his concern of drainage for water run-off. Mr. Dreher stated that there are two acres to the rear of his property that could be used for drainage and the Apartment complex to the north has expressed interest in working together to improve the current drainage problems. Snow removal storage would also be addressed. Mr. Bergslein asked about the I.C.O. site. Dreher stated that the lot would not be included in this proposal. Concerns were addressed regarding water contamination from gas tanks. Nielsen stated that all new tanks are subject to approval by the fire department, engineer's design, P.C.A. and E.P.A. licensing procedures. Haugen had concerns of approving 3 gas stations on the same corner. Dreher stated that Tom Thumb will not sign a lease unless in included one pump island and the project will not proceed without the Tom Thumb lease. Don Keefe owner or the present Tom Thumb property may reopen the present store if the pumps are not approved. Mayor Rascop closed the public hearing at 8:40 p.m. after receiving no further public comments. Stover stated that a neighbor, Mr. Littlefield had questions regarding plans for access to the rear of the property at the Planning Commission meeting. The Planning Commission did recommend approval. Council looked at the three accesses proposed. Mr. Dreher felt that two accesses could be worked out if the Council requested that. Gagne was not in favor of three gas stations on that corner. Don Keefe stated that the only gas station operational at this time is the I.C.O., this site would be the second station and all of these sites are zoned the same. He felt it was the responsibility of the Council to let developers know what might happen in the area but it is not up to the Council to determine who can have certain uses and who can't under the same zoning. Brancel asked about filling and a landscape plan for the rear of the building. Dreher stated that a rear walkout with rented storage of 14,000 square feet for boat storage might be used due to the -4- MINUTES - MONDAY~IL 25, 1988 PAGE 5 .,-- . PUBLIC HEARING - BAYWOOD SHOPS - CONTINUED difficult topography. The drainage problem will have to be handled before the run-off gets to the Legion property. Mr. Streeter felt the "City was going to be turned into a large gas station", but he did favor new tanks for safety of the water supply. Haugen asked if the development of the shopping center would be done alone if Tom Thumb wouldn't agree to signing a lease with no gas pumps. Dreher didn't feel this would happen unless Tom Thumb agreed to not having pumps. Attorney Froberg recommended that the Council could pass a Resolution granting the conditional use permit. The Resolution will be drafted by the staff and returned to the Council for review and passage. Stover moved, seconded by Gagne, to direct the staff to prepare a Resolution to be returned to the Council for action. Haugen motioned to table action at this time to obtain additional information a~j1:::::Miaff"--a..aTft 8:. i\t::~ul~~lI f()l a~p1';~l, seconded by Gagne. Motion carried - 5 ayes. Stover moved, accepted by Gagne, to remove their motion. STRAWBERRY FIELDS - COMP PLAN AMENDMENT/REZONING/PRELIMINARY PLAT - DENIAL At the last meeting the Council directed that the Strawberry Fields proposal be sent back to the Planning Commission for further review because two proposals were received in the same area, one needing a Comp plan amendment and rezoning and the other only needing rezoning. Council questioned why the comp plan differed for the two properties. Council also tabled action at the last meeting on the second proposal. Dean Johnson was opposed to both of these projects being rezoned because of the effect that 25 new homes would have on the existing 12 homes, density, lot size and storm water drainage. He does not agree with the Planning Commission approval on the basis of the comp plan. Stover stated that Allen Johnson informed her, he was opposed to the density also. The Planning Commission did not discuss the comp plan when this project was sent back because no additional information was found to change their recommendation. Stover did not feel the comp plan needed to be changed. Nielsen reviewed the necessary steps to be taken in order to process this request as submitted: 1. Comp plan amendment 2. Pass an Ordinance rezoning property from R-1A to R-1B 3. Approve preliminary plat Nielsen stated that the effect of the rezoning would increase the allowable density from 8 lots to 10 lots. -5- MINUTES - MONOAY,.RIL 25, 1988 PAGE 6 . STRAWBERRY FIELDS - CONTINUED Gagne moved, to approve the Strickland Ventures II proposal, seconded by Haugen. Mr. Don Mullenbach agrees with Mr. Johnson's position and he also disagrees with the lot configuration. Haugen asked the sizes of new lots along Smithtown Road. These lots are all acre lots, four lots developed by George Larsen and one lot owned by Hoops. Gagne moved, seconded by Haugen, to amend the comp plan. Motion was denied - 5 nays by Roll Call Vote. Council directed the Attorney to prepare Findings of Fact to support denial. Brancel moved, seconded by Stover, to deny the request for rezoning. Motion carried - 5 ayes to deny by Roll Call Vote. Brancel moved, seconded by Gagne, to approve the preliminary plan in concept with replatting to meet rezoning regulations. Motion carried - 5 ayes. WESTLAWN III ADDITION REZONING DENIED Mr. George Larsen has requested a rezoning from R-1A to R-1B for a proposed 15 lot subdivision south of Smithtown Road and west of Strawberry Lane. His request does not need a comp plan amendment. Stover moved, seconded by Brancel, to deny the rezoning request for West lawn III and directed the Attorney to prepare Findings of Fact to support the denial. Motion carried - 5 ayes by Roll Call Vote. PETITION TO REZONE DIVISION STREET A petition was received from the majority of the residents of Division Street to rezone the area for two-family dwellings. A reqeust from Jeff Thomas of 5875 Division Street, to build a garage prompted this petition. He has a double unit in a single family area and his non-conforming use would preclude adding a garage until such time as the use is conforming. Haugen moved, seconded by Stover, to direct the staff to obtain additional information on the existing properties and then schedule a public hearing to hear the rezoning request. Motion carried - 5 ayes. BUDGET AMENDMENT - SEWER FUND SAFETY EQUIPMENT PURCHASES Public Works Director Zdrazil was present to request a budget amendment in the amount of $4,000.00 to purchase safety equipment necessary to comply with OSHA laws for sewer maintenance. -6- . MINUTES - MONDAY ~IL 25, 1988 PAGE 7 . BUDGET AMENDMENT - CONTINUED Gagne moved, seconded by Stover, to approve the budget amendment of $4,000.00 from the sewer fund. Motion carried - 5 ayes. NUISANCE COMPLAINT - BEAVERS - REQUEST FOR ALLOWING TRAPPING Cal Nelson and area residents of Lake Virginia Highlands were present to voice their complaints regarding the damage being done in their area by the beavers. He stated that at least 150 trees have been dropped and all other trees 6" in diameter or better have been chewed up by the beavers. They have dammed up and blocked off their channel to Lake Virginia. They have asked for help to control the problem from the DNR, city officials, animal control and trappers and nothing can be done. They would like to trap the beavers by means of leg hold traps and remove the dams. Stover and Haugen expressed their concerns for pets and children as well as the beavers, and will not support the use of leg hold traps. Mr. Hansen stated that the leg hold traps are set to drowned the animal and not allow suffering. Rascop stated that the allowable trapping in Minnetrista has really helped the problem on the Islands. The traps would be set on private property and could be signed and fenced off to secure safety for children or pets. Rascop moved, seconded by Gagne, to direct the Attorney to draft an Ordinance to allow for leg hold traps only under Council action of specific conditions can be met such as time limitation, individuals and locations. Motion carried 3 ayes - 2 nays (Stover and Haugen). The removal of the dam could be done by requesting a dredging permit from the DNR ~the Watershed District because the channel is a man made channel.~/O ATTORNEYS REPORT Christmas Lake Road/Lane Cul-de-sac Update After the proposed Construction Agreement has been reviewed and approved, it then needs to be executed and signed by Mayor Rascop and Clerk Kennelly. Deeds, easements, title policy, plans and specifications have been completed and approved by staff. Henney Litigation ~ ~trial has been cancelled. A pre-trial will be set. Village Pump Junk Complaint A proposal for the site will be presented to the Planning Commission and then the Council. Current leases will be terminated. The owners feel that the current use has been long standing and they should be able to continue that same use. -7- MINUTES - MONDAY~RIL 25, 1988 PAGE 8 .., . ATTORNEYS REPORT - Village Pump Junk Complaint - Cont. Rascop moved, seconded by Brancel, to direct the Attorney to proceed with the litigation until all complaints have been removed. ENGINEERS REPORT Water Tower Color Selection Engineer Norton submitted a color chart for the S.E. Area Water Tower. Gagne moved, seconded by Stover, to use the two-tone blue on the tower as submitted. Motion carried - 3 ayes to 2 nays (Rascop and Haugen). Stover suggested eliminating the logo. Council directed SHOREWOOD for east and west side and logo for the north and south side. Water tower construction will begin May 1, 1988. Amesbury Well - Pump Repairs Munitech detected a noise in the pump at the Amesbury well contacted well drillers to obtain quotes for that repair. has recommended to award the repair project to E.H. Renner at an estimated cost of $10,000.00. and Norton & Sons Gagne moved, seconded by Stover, to award the project to E.H. Renner & Sons as recommended. Motion carried - 5 ayes. Engineer Norton explained the previous repairs on that well and stated that these repairs are due to the start-stop and short running period caused by the use of a hydromatic tank system. He feels the long range plan should include connecting this well to the new tower. A smaller tower at this site could be an alternative. The best future planning would be for an intragrated water system. A 12" pipe could be installed to interconnect the systems. A Enchanted Point Survey Norton submitted a survey that was completed for Enchanted Point. They found no indication that the road indentified as Hickory Lane has ever been vacated. Froberg reviewed the survey and he felt that if any road improvements were done there would be a need to obtain easements first. A request to release a lot for state land sale would require a subdivision due to a portion of this road going across this lot. Froberg doesn't feel future action is necessary unless road improvements are planned. -8- MINUTES - MONDAY ~L 25, 1988 'PAGE 9 .., . ENGINEERS REPORT - Enchanted Point Survey - Cont. Rascop thought the survey was supposed to extend to the lake. The Park Commission needed the survey done to the end of the road for their fire lane survey. Norton will extend the survey. Rascop felt that Hickory Lane has been vacated. ADMINISTRATIVE REPORT County Road 19j5tate Highway 7 Meeting The meeting with MnDOT regarding the proposed signal at County Road 19 and State Highway 7 intersection will be held at 7:00 p.m., May 25, 1988 at the Excelsior Elementary School Gym. Plans have been completed. The City will send notices to the Galpin Lake area residents. MnDOT will take care of the eminent domain procedures and are asking for the cities help and will reimburse thier expenses. Bids will set for fall of 1990 and 1991 construction. Board of Review Set The Board of Review will be held at 7:30 p.m., May 5, 1988. Council questioned if valuation went up a set percentage and what portion of the City was reviewed. Council would like to have the sales books for this meeting. Bayswater Road Dispute A meeting was held with Mr. Dean Thomas, President of the Amesbury West Association, Jerry Peterson, Vogt, Nielsen and Stover to work out an agreement regarding the mailbox issue and maintenance of road right-of-way. Stover feels that Peterson and Thomas could best negotiate their own arrangements. Amesbury Association Meeting Vogt and Norton met with the Association to discuss obtaining easements needed to loop the water system to correct existing problems. They will grant the easement as requested and the project will be ready to begin as soon as the easement is received. Sewer Cleaning and Televising Bids The specifications for televising and sewer cleaning bids are out. Bids will be opened on May 6 and returned to Council on May 9 for award of bid. Shorewood Oaks Tile Damage Damage was done to three properties owned by Bill Johnson, Pete Holmberg and Earl Bakken during last summers heavy rains. They feel it was due to an old underground tile being brokken by Knutson Company working on the Shorewood Oaks Project. Knutson's insurance is accepting responsibility and going ahead with the repairs but feels the City should be a co-pay because the line was not shown on -9- . MINUTES - MONDAY elL 25, 1988 PAGE 10 . ADMINISTRATORS REPORT - Shorewood Oaks Tile Damage - Cont. the City's plans. The City holds no responsibility because they did not install this line. Recycling Plaque The City received a plaque because we were 1 of 12 cities in Hennepin County that met the recycling goal percentage set. City Hall Retaining Wall Due to added landscaping at the rear of City Hall, Vogt feels a fence is needed to protect people from falling over the existing terracing walls. Gagne moved, seconded by Stover, to approve the installation of a fence for safety purposes. Motion carried - 5 ayes. Financial Matters Finance Director Beck responded to questions and concerns raised at the last Council meeting: -Budget Analysis - Financial statements showing line items are supplied quarterly, cash flow statement supplied monthly. -Office Furniture purchases - does not exceed budgeted amount -Excessive Gas mileage - has well documented mileage -Filing Cabinet locks - all financial data are locked up and are available during working hours, all source documents are locked up. Vogt can have keys, the only thing he can't have access to is the Mayor's signature stamp and checks. The bar lock was cheaper than new filing cabinets. -Closing books promptly - the books are kept open for 90 days after year end to receive all affected revenues, such as water and sewer revenues and tax receipts. -Bond rating - Rating has nothing to do with a qualified audit. Fixed assets have not been listed, a deficit water fund and lack of a five year capitol improvement program contribute to our bond rating level. Bond consultant also felt that the working capitol fund is not high enough. -Cash receipting procedure - front desk handles all receipting for cash control and make deposit up for the bank. -Auditor will be present in May to discuss audit. -Rumors & misinformation - she did not get any phone calls asking for information, she feels this was a dis-service to the City and it caused a lack of productivity. -Solutions - Beck would like calls and visits if there are any questions. She is willing to hold a session to answer any questions as well as to include the auditor if the Council would like. She would like a policy put into place if the Council agrees. Haugen asked if assessment checks could be checked for proper payment before receipting. The auditor feels the check will get -10- MINUTES - MONDAY WIL 25, 1988 PAGE 11 . ADMINISTRATORS REPORT - Financial Matters - Cont. lost if not receipted immediately upon receipt. She feels only 10 or 15 checks have to be returned for incorrect amounts. The Auditor wants one person to receipt and make up a deposit and another does the depositing at the bank and reconciling the monthly bank statements, and another does checks and receipts journal. She did agree to allow the assessment check to be verified prior to deposi t if done ~\70~'!{ day. ~ ""g o-~1'....fL-- A fixed asset list of large items like parks and all items over $500.00 should be done. Stover moved, seconded by Haugen, to schedule a Special Council Meeting for audit review only for May 24, 1988 at 7:00 p.m. John Bridge of the Financial Advisory Board asked why these questions were brought up. He feels there is a deeper problem and it may be caused by the City Government type of management. Rascop asked Beck what procedures she followed in selecting the new software. She stated that software support was lost from Ameridata and they went to Detroit to look a New World's software when they chose the company they wanted to go with. Rascop wondered if she was telling them that there is no one in Minnesota that has software suitable. He also stated that he has trouble with paying for New World's travel expenses. Beck stated that they prefer billing in that manner but it is all part of the contract price. She did look at two companies in Minnesota but stated that the software available would not meet our needs. Rascop asked if she had specifications to meet. Yes, but nothing in writing. She felt the expenditure was not large enough to go out for bids. The accounts payable package was the only package originally planned to purchase. Gagne asked what has been expended since January. Beck will return with total cost. She stated that it was under $15,000.00. Bridge felt that management problem could be caused because Vogt has to answer to five bosses. An Administrator versus Manager type of operation should be looked at. Haugen felt the Council should set policy and let the person hired as Administrator do the Administrating. An election would be needed to change from Plan A to B or home rule. Attorney Froberg will return with procedures to follow to change the current form of government. Haugen feels growing pains have caused many of the problems. Gagne clarified the Council decision to go through Vogt for all information. Haugen and Stover would like to ask questions to the individual employees. Rascop feels that problems with employees should be routed through Vogt. It was clarified that all personnel matters should be handled through Vogt; staff to go to Vogt; Vogt to go to the Council; Council to go through Vogt and Vogt to work with staff. -11- MINUTES - MONDAYtlkIL 25, 1988 PAGE 12 . MAYORS REPORT LMCD Representative from the LMCD met with the systems committee of the Met Council regarding the abolishment of the LMCD. Dirk DeVries supported the LMCD and voted not to disband the organization. COUNCIL REPORTS Minnehaha Watershed District Action Gagne reviewed various actions taken by the Watershed District. -Howards Point Marina dredging permit. -Permit to fill along Mayflower - not in the wetlands. -Arvidson retaining wall - tabled for explanation of the need for a retaining wall instead of rip rapping. Vogt spoke to Mr. Mahady, and he was not aware that the wall was already constructed. APPROVAL OF CLAIMS AND ADJOURNMENT Brancel moved, seconded by Haugen, to adjourn the Regular Council meeting of Monday, April 25, 1988 at 12:18 a.m. (April 26, 1988), subject to approval of payment of claims. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Checks #052817-052906 General $122,245.18 Liquor $23,407.76 Payroll Checklist: Checks #202045-202078 Total $ 9,853.91 $132,099.09 $ 2,754.50 $26,162.26 RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -12- CHECK NO. 052817 (G) 052818 (G) 052819 (G) 052820 (G) 052821 (G&L) 052822 (GaL) 052823 (G) 052824 (L) 052825 (L) 052826 (G) 052827 (L) 052828 (L) 052829 (G&L) 052830 (L) 052831 (G) 052832 (L) 052833 (L) 052834 (L) 052835 (L) 052836 (L) 052837 (L) 052838 (L) 052839 (G) 052840 (L) 052841 (G) 052842 (G) 052843 (G) 052844 (G) 052845 (G) 052846 (G) 052847 (G) 052848 (G) 052849 (L) 052850 (G) 052851 (G) 052852 (G) 052853 (G) 052854 (G) 052855 (G) 052856 (G) 052857 (G) 052858 (G) 052859 (G) 052860 (G) 052861 (G) 052862 (G) 052863 (G) 052864 (G) 052865 (G) . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20, 1988 TO WHOM PAID PURPOSE BOULDER BRIDGE FARM, INC WATER CONNECITONS $ MUNICIPAL CLERKS & FINANCE CERTIFICATION FOR MUNICPAL CLK NORTHERN STATES POWER CO UTILITIES CITY WIDE MINNEGASCO UTILITIES BOULDER BRIDGE MINNESOTA MUTUAL LIFE INS ACCIDENT & HEALTH INSURANCE COMMERCIAL LIFE INSURANCE LIFE INSURANCE FOR EMPLOYEES KEN JARCHO INSURNACE AGENCY NOTARY BOND JOHNSON BROS. WHOLESALE LIQUOR LIQUOR & WINE PURCHASES MINNESOTA BAR SUPPLY INC MISC. PURCHASES MINNESOTA COMMERCE DEPT NOTARY COMMISSION ADMINSTRATOR NORTHWESTERN BELL TELEPHONE SERVICE & ADVERTISING POGREBA DISTRIBUTING INC BEER PURCHASES PHYSICIANS HEALTH PLAN OF MN MAY 88 EMPLOYEE HEALTH INS. QUALITY WINE & SPRITS CO WINE PURCHASES ORR-SCHELEN-MAYERON & ASSOC AUG 1,DEC 31, 87 FREEMAN PARK GRIGGS, COOPER & CO, INC. LIQUOR & WINE PURCHASES JOHNSON BROTHERS WHOLESALE CO LIQUOR & WINE PURCHASES NORTHERN STATES POWER CO UTILITIES NORTHWESTERN BELL TELEPHONE SERVICE & ADVERTISING ED. PHILLIPS & SONS CO LIQUOR & WINE PURCHASES POGREBA DISTRIBUTING INC BEER & MISC PURCHASES HARRY NIEMELA MAY RENT JEAN SORENSEN MILEAGE RUSSELL MARRON MILEAGE FOR APRIL AT & T TELEPHONE SERVICE ACRO-MINNESOTA, INC ANTI STATIC MAT-FIN 19.47 GEN. OFF. SUPP-78.81 RELOCATE CABLE FOR COMPUTER MIGRATION CALBE,PAPER,RIBBONS SIGNS RUSTPROOF 88 FORD 180.00 1988 FORD F-250 CITY OF MINNETONKA 1ST QUARTER WATER PURCHASES COMMERS SOFT WATER CO APRIL RENT GRIGGS, COOPER & COMPANY LIQUOR & WINE PURCHASES COMMISSIONER OF TRANSPORTATION RE LAMP-TRAFFIC CONTROL CONSOLIDATED TYPEWRITER INC MAINTENANCE CONTRACT 5/88 ROLF E A ERICKSON APRIL ASSESSING FEE FEED-RITE CONTROLS INC CONTAINER CHARGE HENNEPIN CTY DEPT PROPERTY TAX POSTAL VERIFICATIONS HENNEPIN COUNTY TREASURER TAXES HOUSE OF PAINT NEWSLETTER 1ST QUARTER IBM IBM DISPLAY STATION-FIN LABOR RELATINS ASSOCIATES,INC ADM MEETING COMPARAHLE WORTH LOUISVILLE LANDFILL, INC DUMPING METRO WEST INSPECTION SERVICE 139 BLDG INSPECTIONS H.C. MAYER & SONS, INC OIL -PUBLIC WORKS MIDWEST MAILING SYSTEMS EQUIPMENT MAINTENACE AGREEMENT METROPOLITAN WASTE CONTROL SEWER CHARGES METRIPOLITAN WATER CONTROL SAC CHARGES MIDWEST ASPHALT CORP LIMESTONE ALL SYSTEMS INSTALLATON AMERIDATA EARL F ANDERSON & ASSOC BOYER FORD TRUCKS INC AMOUNT 5,920.00 20.00 7.55 111. 35 125.28 25.92 60.00 579.18 407.97 10.00 64.75 1,299.95 2,542.37 546.90 1,026.15 1,655.76 300.78 264.94 79.12 1,024.32 873.30 970.00 13.42 13.20 8.83 98.28 365.00 427.32 718.50 14,580.00 820.20 22.50 2,233. 71 12.76 to 4/89 110.00 1,975.00 20.00 18.62 1,731.93 280.55 1,295.00 410.32 36.00 4,165.95 355.00 145.00 24,659.55 6,014.25 467.06 -1- CHECK NO. . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20~ 1988 TO WHOM PAID PURPOSE AMOUNT 052866 (G) 052867 (G) 052868 (G) 052869 (G) 052870 (G) 052871 (G) 052872 (G) 052873 (G) 052874 (G) 052875 (G) 052876 (G) 052877 (G) 052878 (G) 052879 (G) 052880 (G) 052881 (G) 052882 (G) 052883 (G) 052884 (G) 052886 (G) 052887 (G) 052885 (G) 052888 (G) 052889 (G) 052890 (G) 052891 (G) 052892 (G) 052893 (G&L) 052894 (G) 052895 (G) 052896 (G) 052897 (G&L) 052898 (G) 052899 (G) 052900 (L) 052901 (L) 052902 (L) 052903 (L) 052904 (L) 052905 (L) 052906 (L) MINNEGASCO MOORE SIGN CO MUELLIER SALES CORP NAVARRE HARDWARE NEP CORPORATION NEW WORLD SYSTEMS NEW WORLD SYSTEMS NORTHWESTERN BELL NORTHWESTERN BELL NORTHERN STATES POWER CO ORR SCHELEN MAYERON & ASSOC PARAGON WOODCRAFT PITNEY BOWES PEPSI COLA BOTTLING GROUP E. H. RENNER & SONS R & W SANITATION~ INC SOUTH LAKE MTKA PUBLIC SAFETY SHORWOOD TREE SERVICE TONKA PRINTING CO WATER PRODUCTS COMPANY WASTE MANAGEMENT SAVAGE TURF SUPPLY COMPANY AMERIDATA MINNESOTA SUBURBAN NEWSPPAPER CITY COUNTY CREDIT UNION ICMA RETIREMENT COPR CHILD SUPPORT ENFORCEMENT THE BANK OF EXCELSIOR THE PRUDENTIAL INSUR. COMPANY MEDCENTERS HEALTH PLAN COMMISSIONER OF REVENUE PUBLIC EMPLOYEES RETIREMENT STATE TREASURER CASH BELLBOY CORPORATION GRIGGS~ COOPER AND COMPANY JOHNSON BROTHERS WHOLESALE MINNESOTA BAR SUPPLY INC PAUSTIS & SONS QUALITY WINE & SPIRITS RYAN PROPERTIES~ INC UTILITIES BADGER 132.18 $ UTILITIES CITY HALL 86.13 UTILITIES GARAGE 983.86 EIGHT SIGNS-PLANNING MERCOID PARTS- PCI 23.84~GEN 91.36 WELDING ROD-PUBLIC WORKS INSTALLMENT PAYMENT GEN/PAYROLL DOWNPAYMENT GEN LEDGAR/PAYROLL REPAIR TELEPHONE CABLE UTILITIES CITY HALL 361.05 UTILITIES PUBLIC WORKS 54.07 UTILITIES PARKS 75.94 UTILITIES WATER 37.78 UTILITIES-CITYWIDE SE AREA WELL TABLE LEGS-PROTECTIVE SERVICE POSTAGE METER RENTAL RENTAL INSPECTION OF # DEEP WELL PUMPS CLEANUP GARBAGE @ MCKINNEY MAY BUDGET 27~874.84~OT 587.10 HAUL BURSt! ::'~')~c~j_ 1 REAM PAPER-GEN GVT 30 METER & MISC PARTS WASTE REMOVAL-CITY HALL 80 BAGS-PARK & RECREATION IBM QUIETWRITER PRINTER ON GOING DEV./ADS PAYROLL 4/27/88 CREDIT UNION PAYROLL 4/27/88 ICMA PAYROLL 4/27/88 CHILD SUPPORT PAYROLL 4/27/88 FED & FICA & MED MAY ADDITIONAL LIFE INS MAY HEALTH INS PAYROLL 4/27/88 STATE TAX PAYROLL 4/27/88 PERA BUILDING PERMIT SURCHARGE CASH FOR SPRING CLEAN-UP LIQUOR PURCHASES LIQUOR PURCHASES LIQUOR & WINE PURCHASES MISC PURCHASES WINE PURCHASES LIQUOR & WINE PURCHASES MAY RENTAL INVOICE TOTAL GENERAL TOTAL LIQUOR TOTAL -2- 1~202.17 664.00 343.05 115.20 30.00 2,700.00 1.350.00 785.14 528.84 2,826.85 445.50 72.00 59.25 10.00 120.00 80.00 28,461. 94 535.00 12.89 131. 93 81.00 1,396.00 1~402.00 133.52 11 7 . 00 552.00 145.00 4,248.76 5.20 1~167~75 894.86 1,350.00 2,739.38 2~0.00 2,262,88 3,946.84 1,706.03 937.22 94.80 912.82 1,922.58 122,245.18 23,407.76 145~652.94 .. . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20, 1988 CHECK NO. TO WHOM PAID P.URPOSE AMOUNT PAYROLL LIST 202045 VOID 202046 VOID 202047 (G) DANIEL L VOGT 80 REG. HRS $ 1,000.54 202048 (G) SANDRA L KENNELLY 80 REG. HRS 744.59 202049 (G) SUSAN A NICCUM 80 REG. HRS 483.30 202050 (G) SHELLY L QUAAS 80 REG. HRS 401.59 202051 (G) EVELYN T BECK 80 REG. HRS 690.63 202052 (G) JEAN M SORENSEN 80 REG. HRS 534.38 202053 (G) GAIL M REDPATH 16 REG. HRS 112.39 202054 (G) BRADLEY J NIELSEN 80 REG. HRS 851.53 202055 (G) PATRICIA R HELGESEN 80 REG. HRS 629.30 202056 (G) BRADLEY J NIELSEN MOTOR VEHICLE 127.67 202057 (G) CHARLES S DAVIS 82 REG. HRS 2 ON CALL 426.88 202058 (G) DENNIS D JOHNSON 80 REG. HRS 636.94 202059 (G) DANIEL J RANDALL 82 REG. HRS 2 ON CALL 664.44 202060 (G) HOWARD V STARK 80 REG. HRS 553.03 202061 (G) RALPH A WEHLE 80 REG. HRS 520.08 202062 (G) DONALD E ZDRAZIL 80 REG. HRS 853.33 202063 (G) JOSEPH P LUGOWSKI 80 REG. HRS 623.29 202064 (L) RUSSELL R MARRON 80 REG. HRS 499.17 202065 (L) ROBERT F NASH 6 REG. HRS 26.55 202066 (L) CHRISTOPHE SCHMID 48 REG. HRS 177 .46 202067 (L) DONALD THARALSON 22 REG. HRS 113.27 202068 (L) JEFFREY T DEWITT 38 REG. HRS 144.72 202069 (L) JOHN F THOMPSON 16 REG. HRS 74.00 202070 (L) BOB GUNDERSON 17 REG. HRS 75.39 202071 (L) JOHN F JOSEPHSON 24 REG. HRS 108.36 202072 (L) WILLIAM F JOSEPHSON 80 REG. HRS 567.22 202073 (L) SUSAN M LATTERNER 36 REG. HRS 146.70 202074 (L) DEAN H YOUNG 80 REG. HRS 501. 27 202075 (L) SCOTT B BENNYHOFF 62.50 REG. HRS 270.13 202076 (L) SCOTT M BARTLETT 6 REG. HRS 28.09 202077 (L) DANIEL D HAASKEN 5 REG. HRS 22.17 202078 VOID TOTAL LIQUOR 2',754.50 TOTAL GENERAL 9,853.91 TOTAL 12,608.41 TOTAL LIQUOR 66,339.77 TOTAL GENERAL 109,298.75 TOTAL 175,638.52 -3- . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APffiOVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Boulder Bridge Farm Inc. C 0 Thomas B. W r man 80 S. 78th St. Name and address 55317 Outlot A of 28124 Boulder Bridge Drive (Title, description, and location of docks) I certify that the above dock license applicant has met the zoning ordinance requirements of Shorewood for the (Municipality) property described for 1988 and is entitled to a Lake Minnetonka (Year) Conservation District dock and/or mooring area license thereunder for slips and/or moorings. (Authorized Signature) (Date) 11/79 ~5-~J :s" v.-= ~ " ~~ -~ ;. ( , '-At" . 15L ~ \,)) 01 b ~ L ~ cc. 'Z I l'l . . . i + . T )1 I .9L . ~ iLJ-j. ~ I~ ,'Zl ,1.1 I'll ,V ,II "II ,lI~ .o-.o~=..l ::a~ ~V1-c1iY~n t4)nOt; C; ~ WziVd "'iI'9d~ -d$iQ10Ota c:;JAQ::1 -z-alN~?~;n 'I" ^~ NMO.L\U.lw~ "C":>"W' - 986L 6 Hd\t a:::: :, i:G:Al4 ,~ " ,,-' t , \ ~OI..lV.L-a~^ ~ ~ /::)~l~\xa w."-' . ......,"' ,\7 , ff 8 I I I ~\ I ! t.- o I ~ .... ~ \ ~ -:1- \1 7 e \:' ~ , f .... '. '? \ \ \).. \ - '--~ \ \ , _' 1- ~~ "'l ie "\ . " .\ \.. . -, / ~/ (S' . ~\.-. ,y;O ...;. -' ,'" l\/' ~:. - ",:. -(~~ (~ ) . i/ 1'1\ / " -Q - Qo.... .,_flf\....""... f ~,' , · \ ~, ~."u. "'.. ."~, - '" ...... "'" "" ~ r_,'- ___" -:'"' ~ ,... oJ" .;.. \o!. ~ .3 '-J ... . \J ~ ..~ ft~ ~ Q.... v....., - .w' 9'11W\: .... If ~ "Q ~ f ~ ~....". ~1:f"oo.~'C--~ t "" ~~. ~ '" \1 .-- ......... VI · - t. , .. ... :. Jv, q ,:; ~.. .J.~ ~~ ~ " '. " I /. / I i I / I . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APPROVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Shlorewood Marina and Yacht Club, Inc. c/o Gerald E. Toberman, Pres., 1460 Interchan e Tower, 600 S. Co.Rd.18, Mple 55426 Name and address of dock applicant 600 West Lake St. (Title, description, and location of docks) property described for 1988 (Year) Conservation District dock and/or mooring area license thereunder for license applicant Shorewood (Municipality) and is entitled has met the zoning for the I certify that the above dock ordinance requirements of to a Lake Minnetonka slips and/or moorings. {Authorized Signature) (Date) 11/79 ..' .:' -~: J. ":".,. .~~ ~..~r.-;o,;,~.:-..~~-:~".~, ~ .~.:~ ~~.~~ :"':~":'.~~: ;::--:-..~-}. -:: . ~7"" .....~~~ "...~: -:~.... . ~ "\ i.~;i~;~r.h;:~ . " '..!~ t.~:~:.~'.~. :-f~~~. :~t.::: .,'<~2."~,' .t:~;. . .::~;; >:- ~.,:. . ~ . :. .'#' ': '..:~~'~.,,~::;';~.::." ...~;: ;' _L _.... , j .-. ~ ::. i . -1 .';";:...;. '.:.;......'!' . . ,-'; ..... -::' .~: ~.;.. .: . ;L~':~":};, :.... i~".: }~J~::~::i~~: 'l:~:-:.:',.+~:-';'i : ~~~'<~~~<'.:~ ::~', :;~. .... ~~~.... . ::.:...: r. f '. :'Y;'~.I: ;... .. . .. . ".' -. . '"". ~.. -' ...-\. .:.... I, ,- t. : :. '\ ::.( ~. ~,,: .. ... .. ~. '.~j - "'_I.~. '.1 '--".. ~ :J..N D t"...c~. .'. ...-' .. :.--:...~. :::... .~ .-:.,.." ::".' - . - .... ~ -'; .,~:~~:~;:~:.~..>_.. - )~:::~.~ . ~ ,~.il:;?~~ff~~~;!-i)!;;~rw1;:-,S~';" ~,~,; ':;:';C7;..'~:::,,;;;,: ~ . l!!!!Z. .~- ~eA H . ..:...... ........ SNUG HARBOR YACHT '<<)IteUt-lc ~ _'._'" ~KA6E' h .1_ sub ject to Order ~!O:.JH& ~ . oftl{lH6.-~. :-...: ': :. .:._ j ..1" I CLUB: of 2-28-79 :.... .;. . .", ..-..... .. ~', .'''.:. ~'~~~~'i~.\.. ~~ ~~~.~ . '"' . .......~ --~. -....,;. - I . f -r'~ ~f. ".1. . A' .e--:.a.s...' ..... 'V . .:.:~-.;_~v..~; ".... .' . ...... - . v. ...." '. '. ,~~ ". .;,"\.0..... ',..';'.' "' ~, rl...:t..N:,. \...,..... . "'!!f " ~":'t)..t7----""-'-'" '. """"- -- ,- .......---..~~ .I ___ "~.....,,-=-ft.._,,.....,.. ~~. '~I ,II j&~:' ~-e . . ~ ~~~~~~ .' ~r\: .~:_+.f.~ .'. A~ a",~r .Jff'!""ue,.,&""-~ ~~~ ..', :,' ..'7'...: ,",. /1'/fe.A;;MIIIM\'Ir;.~~v'N' .v-' .~. .'''' . . :,__,l..._.,r.'~ . :7.' . .', ~.st.f~ - _.... --....;;:. ... ;". '" _.' '. ~ .: ";'.:"'. 'h. ..'<~'~ _~.....::.::.::._~~.:.._ ~ .... ~<..;~..~~:_'l-. ., .. .. i D ~ --- -- -- -- . . " .' ... -e-. ~.. -ru:a - .,.,." "'- .... /1" iJ..._. ......". "_wi.c.., _PUN 1 ..z.. ---' - . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APPROVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating.land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Minnetonka Portable Dredging Co. E. Same (Title, description, and location of docks) I certify that the above dock license applicant has met the zoning ordinance requirements of Shorewood for the (Municipality) property described for 1988 and is entitled to a Lake Minnetonka (Year) Conservation District dock and/or mooring area license thereunder for slips and/or moorings. (Authorized Signature) (Date) 11/79 v-, I~ :.:: ~ - .:, ~ "", .~ l. . .....::. .. t$ ~ )"". ..s:r t ., .) ~". t." "'t i.:;. ~ 'J ~ ';J ',., .~ -n \l. <:) '^~ ~ '...... ~ ,-. ~ l-! ~; '-l ". '\.... -ij"h \ -, \J,._ r-..... v (\;~ \I. I ,) ~ to- ~ ,. ~ I . '3 t-.:: <::s ~ )). t; :l. r:. Q". . . I ~~ - ~ ~. ~ U tt.............. ~ ~ ..... -0 , ~ ~ ~ >" :i ~ 1.1 ~ U ~ ~ . -Q ~ t: <)~ "'" ~ ~<t6 to') q r; lr. ~ .d..- I Iu . d -6~ _.......,. . I rU t)~ ~ ~ ,tl ~. ~ ... ~ ~ 'lS; ~ . ........."'- " ~ 1.,' .. ' ... . tr ..... II',,~ l -".. ' ~r.' .....~ .- ',J . ,. .. ., - f N " I ..... " ., " " ~ " ..... f1'. :\..... . ! " I' ......... t)() ~.~ II ] I , . ~ I --.. . " . \ ~ \J ~ . . " """'" ~ . ~ ~ \ I) ~ I" Ii) ~I \.t1 I \~ ' \~l ': \( " \J ~ \ ~ '" ,'- to':i ~ ~ ~." .,\ 1, I ~ ~ \ " \1) \ ~~ \)1 ~ ~ -,\ ~ ~ ~ \j \J. I \ ~ K :.. '\ ~~~ f t /- JP J 11".\D I. 1") -3 0 I ~r'f.....3D , "f"- 3D 1ft, -JI> __ ' ~{n~,.,.... ~i.~/~7fYT . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APPROVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Adeline D. Johnston, 5465 Rowards Point Road, Shorewood, MN 55331 (Name and address of dock applicant) Same (Title, description, and location of docks) I certify that the above dock license applicant ordinance requirements of Shorewood (Municipality) property described for 1988 and is entitled . (Year) Conservation District dock and/or mooring area has met the zoning for the to a Lake Minnetonka license thereunder for slips and/or moorings. (Authorized Signature) (Date) 11/79 q:' ~ -.l ~ ... ~ ~ ~,~ ~ 2 ~ ()~ . - ::t: J.o t ~ >-" . <: E &['1 / @~, i~, \ ~ . \~ 'l'~~a ~ G () \I\:J. _ \S) j)\!)cC .1 -./~ ~ .---' ~ ~ rr( L 'tJ -J ~ .... .--- ~- I:) ,J;) \ ~ 0 ~A t A ~ t ~ .\\ . '.~ ~ co . If .., , "') . , ~... -- s- ~. t"' (3-' - . o ~ '" f <8 rl' I ~.~ ~r~~~ ~Q~~.Q <L >. r;. ~ ~ Ii:! Q ~ ~ .5~ "" .:0 ~ .:0 ~ ~ '~,\- ,.:\ €!I z ~ c. ~ .: ..t ~;" ~/ 'il '.... /J~ .,J ~~ Q..{ o!I '1=' ~ I I I ."K ~_/. :: Ie?' ~ <t JI I'" Y ..\ \ 'I , I "" '7 '- ~-.~'1/ Q '0 ~ 4: '_, '" ,),.... .. '.!. ~ : 1 * -J. .!I', .- ~... .. _ ~ '" "'" '!:. .... _ " ~ -t ". f- I - = ~ r-...... o)a "" ......._ ... < "<. -<" .. 'IJo....__ ~... . - ~ ..bIrr ~ H \!J W A, \J- 0- ~ ..... '" '....... .. @-l ~ \II ~.~ J) ~ 1: \Ii \ ___ __ \ w s( <li~' f.l1ll.....:S 1 ~ " , -J Cl! ~Y ~ '" '0 \U It ~'T cl ~~ Q c! ~ ~ l:t:= ~ \.t~RLQ ~€S ~ ~ ~ ~ e ~ 1< ..~ ~ I I i .. ,)" ,;q l'C\ I --S>~'6tt -1-- ';p 'B ~ II] .x v <t cq \;1) C"I ~ '- r/) T I ("<g . ~~ c: '\^ ~ ~ .e,VI -;:. j; ~ ~ " t (.J. ,~ 2 "" . (;) ~ ~::t:: ~ '.5 J,f) ~ -.!. ~ Q .~ r-- ~ <"" '<) VI . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APffiOVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Upper Minnetonka Yacht Club c/o Jim Jurgens, P. O. Box 358, Excelsior, MN 55331 (Name and address of dock applicant) Lots 1 & 2, Block 4, Auditors Subdivision 354, Enchanted Park (Title, description, and location of docks) I certify that the above dock license applicant ordinance requirements of Shorewood (Municipali ty ) property described for 1988 and is entitled (Year) Conservation District dock and/or mooring area has met the zoning for the to a Lake Minnetonka license thereunder for slips and/or moorings. (Authorized Signature) (Date) 11/79 ~ ~30 3~ ~- ~ ~-- ~ ....... -- ~ ~c;.""-?oa f1'V':3d-37:1'? .~.l-~?o' ,9-,') ~ ,<;dX..:v'......tO-f ~ ,'''"'1<,9 -.n'v'",:; .J...., 11 !). - $/ ~~'>':z.\ ..H,e;..~. - a ~"'J(;z.\ 411<;r ~.-h r ~. ~ ~ - O'_~' ...-,,-, ,IW\ , \ J \ ,gCt) 1 ~~~~~ T .. ..... 0-" \ -~'-.'''''''' .grrn J,.\-l~A 'V'?lWO~~'NNIW 'zt~d;:ln 'NO~~-=c;. ~\-"\\~~ 9 ~ Q 9 \ -v-a~\ "'Ito.:i ..Lno,L..""'" ""it?oa. ".LI'" ~WI1?ztotl<; lP"Z J7. I..t I '.:j":n~., Of i \ >2 \ vS6l Z a3.i "1~ -a \ 9 \ . .:~-::... I l .<:fZ ... . \ "!t'1-''' c;. \ ~ ,.'Z j., \ t;J CJ -z-z J'Z "I '-<I ..--... .-... O"Z. 101 -~.- V 'V !: .--. , , "\ . " - - -, .. . --- LG~".5 IRll "":) "':) . (]/ -:> b ,&? N ~I ~I /1 /1(01\ ~ I ~ ./'f"- ,L'S"7. ""3 N 1I"7"zl01-l$ I ..:0- \ '\ , \ " / . . MUNICIPAL CERTIFICATION FOR DOCK LICENSE ZONING APffiOVAL FOR 1988 (year) Under the terms of Lake Minnetonka Conservation District Ordinance #1, the following provisions apply: Section 1.05 The provisions of this ordinance shall not supersede any municipal ordinance (e) which establishes zoning provisions regulating land use adjacent to the Lake which are not in conflict with this ordinance. Section 1.06 Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space or mooring facilities in the Lake contrary to municipal zoning laws. Howard's Point Marina, Inc. 5400 Howards Point Road, Shorewood, MN 55331 (Richard Baker. Pres) (Name and address of dock applicant) Same (Title, description, and location of docks) I certify that the above dock license applicant ordinance requirements of Shorewood (Municipality) property described for 1988 and is entitled (Year) Conservation District dock and/or mooring area has met the zoning for the to a Lake Minnetonka license thereunder for slips and/or moorings. (Authorized Signature) (Date) 11/79 ~~ lI\\ ~~ , ~, ,,""' . ~14\ , ~ .. '. . "oo:;)"w. lB6l61 AON (i~ "'J~":I>-! - ----- --- ~ JNlQ;7' .;;O?/V"otI -~ .' @ @ @ ,- "' , \ \ \ \ o , \ \. -, \ \ \ \ \ \ \ , \ ~~~ ,I @ @ ~ ~ V\ "'- ;t .;. _ -. , 111\1'- ,,""-' ~~ee~ll ~~~{...k~ , , . , , "'M':r' l, ~~~~~~~ \)0 '" 0'- __....... ............. ...... ,'" A"ln'; I I 'I@ @e @@ @@ @@) ~@ @@" ~\ \1- \ \ \ I \ 'I \ ,:eee@@)@@(t)G)@0@@0~,\ \ " " 'I .J \ \.. \ \ \ \ , \ \ \ ~ \ i \ \ , \0- 6'@@@I@)S8S 68 @@ \ ~ , ,I ,@ 'I 'I 19: : '::I!i -- ~ :: _-'...I ItfNRfVW ~cI '7-0Zf"lMOH L .\ \ \ \ , , \ . . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and City Council FROM: Dan Vagt ~ DATE: April 28, 1988 SUBJECT: Petition for Street Light - Wiltsey Lane/Pleasant Avenue Attached to this memo you will find a petition for a street light to be placed at the intersection of Pleasant Avenue and Wiltsey Lane. Also attached is a site location map. Residents in the area have either signed the petition or are being informed of the proposal by this memo. NSP has indicated that no additional costs will be charged to the City for this installation. Based upon the above information, it is recommended that the proposed street light be approved by the City Council. Please contact me prior to the May 9 meeting if you have any questions. slq cc: Tracy Christian Manuel Camilon, Jr. F.P. McMahon Attachments A Residential Community on Lake Minnetonka's South Shore ~5lj (:-\'~ : l \\ ~ ~.. }J I'- 1). j l'j~ ~1'~ ~ ,~: "Q.. d C'~F . .~ ;,~~ ~~~~ 'I- ') p;:, ~ ~'::\ ,*~ ~~J))& ~ 'J ,r ~ l c,. '- ..J ~ i ~ '~ \ <.j .~ eQ ,~~ ~~, ~1' 2 ~~Y?~)$~~Cj e 00 co 0) ...... N 0::: a.. <2: '>:...,. '"7-- '!""- '"'.~ v' :. , , _', S 't '::t 7rc- - \-\{ ~':- ::,' } ~~r ""~ \ j 'i~ i "~~ ~ '. '<\' J, ("\. ,(~ . " ~ \ ~..,! '. -'.J '. 3 .... ,\~) &""""" '.J \, \\ - '\ '----'" \ . .~ . ..~ ~ 'l' ~ ~ . ..... Q en ~, (f) o - UI I I , I I I I I ! I f -. i'"> ... .. '" ; ('5 .-.1 ~~ I ~~ -~ ~ "" I ~l ~ .!~L_.~..- ,o,-,t- - -'~ If) If) r- . \ \ \ \ \~ s, ~ L_. I Z ---. -) () u Cr: W -'> - ' 0::: C.L C) . ,L .... .... ~ f ... ~ :-> "- I... a -~-- I~' -- ,-- .." ,... ;:; ----.... , @ '" . - - - - - ----~- \ \ II) "- . - .. ~;.. ,,~ . - ..,- ... 4ri ~ ~Sl 's,'Z,," '~ \ LI "f Z (L5' g:. t- .' ~~I 'p,qnS \ .. , . ~ o ~'::! (J) ~ 3 \AI ,... ;... r- ~~~ -- ---- ..:::;; 1,- I @ y . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt DATE: May 2, 1988 SUBJECT: Employee Relationship Policy Revision In reviewing the City's employee relationship, it has been found that a small change is needed. I have attached a copy of page 25 from the Policy which deals with termination notices. You will find a line drawn through the existing language and the proposed language written in. From a management standpoint, an employee termination notice of five (5) working days does not afford the City with sufficient time to find a replacement. Also, the two week (10 working days) notice is more of a standard termination notice period. This provision has not been a problem in the past but may create problems in the future. The change is therefore recommended. This item is considered a "housekeeping" matter and is therefore recommended. Please contact me if you have any questions regarding this matter. slq Attachment A Residential Community on Lake Minnetonka's South Shore se- . . section 20. TERMINATION . Subdivision 1. General Statement The City intends to provide continuous employment for all its em- ployees through proper planning and utilization of its resources. However, situations may arise, beyond the control of the City which . cause term~~ations. The City recognizes three types of terminations. They are VOLUNTARY, INVOLUNTARY A AND INVOLUNTARY B and are defined further in the following sections. An employee leaving the City is expected to turn his/her identi- fication badge and card, tools, shop coats, keys, books, and other City equipment no later than the last day of work. The employee is expected to go through an exit interview with the Personnel Department on his/her last day of work. This interview is impor- tant for both the City and the employee. Through this interview, information may be provided which can lead to the causes of turn- over, absenteeism, poor communication, etc. Oftentimes problems are discovered which appear non-existent previously. It can be an effective means for gaining insight into potential personnel problems. Subdivision 2. Voluntary Termination A voluntary termination is defined as one in which an employee, by his/her own choice, terminates his/her employment in good standing. When voluntarily terminating, an employee is expected to give ample notice, (14) working days for salaried employees and five (5~/.EN~~ working days for hourly paid employees. An employee who quits for a good reason, and past performance is at least satisfactory, would normally be considered eligible for rehire. The Supervisor is reminded that oftentimes future turnover can be prevented if the real reason for the employee's leaving is known and understood. An alert Supervisor, who is aware of such reasons, will inform Per- sonnel of them prior to the exit interview. Subdivision 3. Involuntary Termination A An involuntary termination type A is defined as one in which an employ ee is terminated for a variety of reasons, such as poor performance, misconduct, falsification of employment qualifications, etc. ~r ,. . . RESOLUrICN NJ. A RESOLUrICN AOCEPl'ING SANITARY SEWER, WATERVl'\IN, AND S'lORVl SEWER IMPOOVH\1ENTS IN 'mE PLAT OF WATERFORD 2ND AIDITICN WHEREAS, on , 1987, the Ci ty entered into an Agreement with Trivesco for the development of the plat known as Waterford 2nd Addition; and WHEREAS, Paragraph 2 of said Agreement provided for the Developer to construct and install certain enumerated improvements, which improvements included sanitary sewer, watennain and stOlID sewer; and WHEREAS, Paragraph 10 of said Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, the Developer has coopleted construction and installation of the sanitary sewer, watennain, and stOlID sewer improvements in the plat, and all such improvements have been inspected by the City Engineer and found to be in coopliance 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. NJ\1, lHEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the City hereby accepts from the Developer the following improvements in the plat of Waterford 2nd Addition: Sanitary Sewer Watennain StOlID Sewer. .A1X)PfED BY 'mE CITY CXXN::IL of the Ci ty of Shorewood this , 1988. day of Robert Rascop, Mayor ATrEST: Sandra L. Kennelly, City Clerk 5iJ , ." . 2 8 !'I88 QS~ Orr Schelen Mayeron & Associates,lnc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612.331.8660 FAX 3313806 . /,111\ April 27, 1988 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt Administrator Re: Waterford 2nd Addition OSM Commission No. 1744.62 Dear Dan: On behalf of Trivesco, Schoell & Madson, Inc., the engineer for I~aterford 2nd Addition, has requested the City take over the ownership, operation and maintenance of the utilities in the 2nd Addition. The utilities consist of the sanitary sewer, watermain, and stormwater drainage facilities. A copy of their 1 etter of request is attached. They are not requesting the streets be taken over at this time. We have been working with Schoell & Madson, Inc. since this 2nd phase began. As noted in their April 22, 1988 letter, there was one remaining punch list item that was recently taken care of. Three of the gate valves on the hydrant leads were in the concrete gutter section. A compromise on their dispostion was achieved with an extended warranty period. Based on our continued involvement and the resolution of the last punch list items, 'tJe feel the utilities have been satisfactorily installed and recommend the City take them over. I n conjunction with the takeover, the contractor / developer should supply a one year maintenance warranty bond. If you have any questions, please call Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. a:: N~O~~ City Engineer JPN:klm Enclosure cc: Mr. Phil Tipka/Resident Inspector Mr. Glenn Froberg/City Attorney Mr. Kenneth Adolf/Project Engineer Mr. Randy Travalia/Mason Homes . . ENGINEERS · SURVEYORS · PLANNERS SOIL TESTING RECEIVED- ORR-SCIiHHlf:',! <.!0:..... ASSOC. t .~-- ,~"-~, -.. SCHOELL & MADSON, INC. cr'.~,'M.. fA [612] 546-7601 · 10550 WAYZATA BLVD, · MINNETDNKA, MN 55343-54B2 APR 2 5 1988 Apri 1 22, 1988 Mr. Jim Norton, P.E. Orr-Schelen-Mayeron & Associates Inc. 2021 East Hennepin Minneapolis, MN 55413 Subject: City of Shorewood Waterford 2nd Addition Utility & Street Construction Dear Jim: The covers for the three gate valves on hydrant leads with valve boxes in the gutter have been sealed by Widmer, Inc. as discussed and agreed to at our April 4, 1988 meeting at Shorewood. Widmer, Inc., in their attached April 7, 1988 letter, is providing a five year warranty, also as agreed. All items on the punch list dated October 29, 1987 have now been completed. On behalf of the Developer, we are requesting that the City of Shorewood accept the sanitary sewer, watermain and drainage facilities for ownership and maintenance. A request for acceptance of the streets will be made upon completion of the wearing course construction. Please contact us if there are any problems with the City's acceptance. Very truly yours SCHOEll & MADSON, INC. ~C~".lV- t?~ Kenneth Adolf KEA/cj encl. AFFlRMA TlVE ACTION . EQUAL OPPQFITUNITY EMPLOYER . . 1()~ 9He.. P.O. BOX 219 ST, BONIFACIUS, MN 55375 (612) 446-1495 April 7, 1988 Mr. Jim Norton Orr-Schelen-Mayeron & Associates Inc. 2021 Hennepin Ave. E. Minneapolis, MN 55413 RE: Waterford 2nd Addition Gate valves in curb Dear Jim; As per our discussion this morning, I will guarantee that sealing the covers on the gate valves will keep the water and dirt out for a period of 5 years. Hopefully this will get us all out of a very embarrassing situation. Thank you. Sincerely, ~ /'4 A!~~~7e--- G.H. Widmer .. GHW/ja cc: Ken Adolph Schoell & Madson MEMORANDUM TO: FROM: DATE: RE: . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel CITY OF SHOREWOOD ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 27 APRIL 1988 MONTEN, BERT - SETBACK VARIANCE FILE NO. 405 (88.12) BACKGROUND Mr. Bert Monten was granted a remodeling permit in 1984 for his home at 5045 Shady Island Road (see Site Location map - Exhibit A, attached). The permit allowed him to raise an existing structure, rebuild the foundation and remodel the interior, all within the confines of the original building "footprint". Since then, without a building permit, he has added a two car garage, with living space above, to the north side of the house. A recent survey (Exhibit B) revealed that the addition is only eight feet from the lot line. In order to get the certificate of occupancy necessary for refinancing, Mr. Monten has now requested a two-foot setback variance (see Applicant's request letter - Exhibit C). Building plans for the addition are shown on Exhibits D through H. The garage contains approximately 967 square feet of floor area and the upper living area contains 884 square feet of floor area. Mr. Monten cites discrepencies in survey stakes as the primary reason for his dilema (see Exhibit I). ANALYSIS/RECOMMENDATION This request is a very difficult one on which to make a recommendation. If it were proposed as new construction, a variance clearly would not be justified. This situation is extremely unfortunate since the addition has been tastefully done and obviously improves the structure. While there may be some justification on the basis of the survey discrepency, this may have been avoided had a building permit been obtained. A Residential Community on Lake Minnetonka's South Shore 7 . . 27 April 1988 Page Two The applicant's error in judgement has not been without expense to him. The permit fee for the building permit will be nearly $500.00 higher than if the permit had been obtained prior to construction. Also, walls have had to be opened up and redone for purposes of inspection. An engineering analysis of the structure, as built, has also been required. Assuming that tearing off two feet from the east side of the addition may be too harsh, it is recommended that, at minimum, a twenty-two foot setback on the west side of the property be observed for future additions. Also any further additions should maintain at least 10 feet on the east side. The City may also wish to consider having the applicant provide some additional landscaping on the east side of the house. If this is required, a professionally prepared landscape plan should be reviewed by the Council. cc: Dan Vogt Glenn Froberg Jim Norton Bert Monten -2- . ~.. ~! -t " -!=- t-..: 6. - .. I CD I I. . '\, / ~ I . (:)(:;\ ~';J o - - II.> s.s~ ~ t l I I I ,"Q I ,....\ ,A - '. ,,- / '. / '. / ''''-. I " variance w.o. 23-88 . Survey For: !1R. BURT. MONT~~ 18unde :LoAd 8ur"eyina _n.:. - 9001 E. Bloomington Frwy. (35W) Surveyor's Certificate Bloomington, MN 55420 (612) 881-2455 285/12 " PROPERTY DESCRIPTION Lot 31, SHADY ISLAND LAKE MINNETONKA, according to the recorded plat thereof, Hennepin County, Minne- sota. ~ <It N ~/e hereby cert i fy that thi s is a true and correct representa.tion of a survey of the boundaries of the land above described and of the location of all buildings, if any, from or on said land. Dated this 22nd day of February ,1988 ".... , 1""'\ \,../ \ ......, "... , () BY: , ......, SUNDE LAND. SURVEYING, INC. ~.. a. u.. ~- Edward H. Sunde, R.L.S. .oIl:l Reg. No. 8612 Note: The difference in elevation between the basement floor and the ice on the lake is 18.4 feet as of February 11, 1988. \ L~ ....) l..... - I - ( ",\ ..... \':) '!>p ~~ ~,~~\... ~ I" G '/II" ..c-'\.. \ \~ "~~~c- ~ ~ 600 , ~ :;...- IS i<1 " " \ ~;ct;;.: 1 -- \ ~J~___1Q;9~-- --- ~ - \ '0 \"" ~ ~ ~ '~~~ ~~ \..~~ O~~~ ...\~~~ ' '" \\' ,r, , _ ('I,;'. , /.....""-0. ~) o V II .c. () .5 G) o () '(/) Exhibit B PROPERTY SURVEY . . 5045 Shady Island Road Mound, MN 55364 April 4, 1988 City of Shorewood Planning Committee I remodeled my house on Lot 31, Shady Island Road in 1984. At the time of construction a permit was secured from the City without any survey requirements. A plot plan was used in place of the survey and the property lines on the west side of said lot 31 were established by a survey from the lot OWner of Lot #32. I carefully laid out my house on the lot to conform to the 10 ft. setback requirement that I was informed of. Recently I have had to refinance the property and the Lender required Certificate of a Survey (copy attached). This survey proves that my property line on the west side actually was 2 ft. (j) further west than I had anticipated and my neighbors survey stated. My survey affected a 2 ft. realignment on the east side bringing the said setback on the east side to 8 ft. Since the start of my construction there have been no problems with my neighbors and I believe the house has been nothing less than a great improvement to Shady Island and I have been told so many times by the residents on Shady Island. The work done on my house was an addition and the placement of the original house made my design quite intricate. I was very considerate of what I thought was my lot lines. I believe that the letter from my surveyor explains the problems in the original layout of Shady Island and various overlap problems that home owners are not aware of. A further problem with the lot is the fact that there is a shared driveway that must be maintained between lot #31 & 32 causing further design problems. I am not happy with the fact that my house does not comply, but I think my explanation of circumstances beyond my control are the cause for my variance request. Sincerely, ~ c&tI (Wll~~ Bert R. Monten /bb Exhibit C APPLICANT'S REQUEST LETTER Dated 4 April 1988 . ~ ~-o' ~~:. . h-9 ,1 ~' ~tf~ tu> . J !I ~I c~,.,. . ,. 'ft."? r. , ~~ ~;'. . ' :':t. .'''' t ..' " . J .. ~.~ . ....'1 ' (~.', :..' . o t ~ ~ ! ~ i: ~! ~I ~~ .a . ...... .. - ~ ~ :f ,.-~-- - .....- .~ .. ...: .~ ~ - ~. ~~ ~El-....~e..ve" ~iL If - ~__.. ~ '~ - ,. , , " ,,~ , " "\" ~, ..I if . ,'~ ~tl -:r #~ ~~~ /;;? j) ,,\,0 1\ j/ ^' ~ ~~ . " " , ~ .,.v . ~ I '}.l.] .\ ~ '#,," // Exhibit D ~ ... ~ olol .~ ~ .~ ~ ~ 1"'Ou.w1'-3\3 ~ .1 I L- I I ! / OQ I t. 'I l' .' I -r'.,_ '~ ->,.._-_._~---- ----- ~ .- ...L.- -,.-- . . ~ <Iol .1"4 .c .1"4 ~ ~ f'i 0 lJ-l>o;I 1'-31 a t-l..l.flCS' I ~ --- r- C ...,.,.,,, Jal -t- I - - -- Vl /1l -. --'-T r- I 0 - J' J ~ / I I l- I I - - . f! '- ..-- "': :....-.J I : -- '---l~ --- _..... -- - -----. .--.-- ~ I -- -T'- 0' _~ -- - ,-,-. '- - .... - ,-~ --- - ~._..__.- -_.~----- - -. I t= - I I ,- , --, t'l! -- ;I I , ~' I 'm ;I , : I f-- rI - /,1 / (; - ~- , . -- f /I /' ;/ I f ' Ii - - I - - .". : ! - . - - ---- = = ~ . L " - ~ .y -- -:.... -.- ........ -L-... _ . - --."... -- - ... - --.---- ~ -- :7~ ~ ~~ . ~ ~~ ~~ ~ . . i l !i III ~ ~-1 \Cf I~- 4 t ~ I ~ ~ . i ( o 4: S J - ~ s. ~ o -:2 <.- . ... .J I Exhibit G . rot . v."~ t't1f' orl~ +~"O;t = ~ 'I"l ,Q 'I"l -a la1 B - . . Maude .....od tiurveylnll Ioc::. OFFICI! DIVISION EDWARD H. SUNDE. R.L.S.. PRESIDENT JOHN K. BARNES. R.L.S.. VICE PRES. SCOTT J. SOUKUP. R.L.S. SHIRLEY M GARRETT. EXEC SEC. DAN J. FISCHER. L S.I.T. DIANE S. VAN WEELE. L.S.I.T JEAN A. ZEH KEN J. LESCHISIN SHARON A. MORGAN STUART RING MIKE BRANDVOLD STEVE J. RYAN. L S.I.T. 9001 E. Bloomington Freeway Bloomington, MN 55420 (612) 881.2455 March 31, 1988 FIELD DIVISION MARK S. HANSON. R.L.S.. VICE PRES JOE W SAWCHUK. L.S.I.T. ERNIE E. BUFF IE. L.S.I.T. GERALD J. MOLOSKY. JR. JEFF C. BUFFIE LARRY L. ALMAN TOM P. RISDALL. L.S.I.T. .NGINEERING DIVISION GERALD M. SUNDE. P.E.. ASSOCIATE PAUL T. SWENSON. ENGINEER KIRSTEN A. PAULY, GEOLOGIST OR. GORDON R.'HESS. GEOLOGIST R. LANCE LITTLE. GEOLOGIST MR. BURT R. MONTEN 5045 Shady Island Road Mound, Minnesota 55364 Re: 88-012 (Survey of Lot 31 - Shady Island Lake - Minnetonka, Mn.) Dear Burt: During the course of the last two weeks, our crew was again sent to said Lot 31 to obtain further i nformat i on based on notes recei ved from C. E. Cou 1 ter from a survey which they performed on the adjacent Lot 32 in 1974. During the course of the work they discovered that there exists two separate sets of monuments in the area. After revi ewi ng and meeting with represent at i ves from C. E. Coulter, we have determined the west line of said Lot 31 has two possible positions per monumentation in the area, thus causing an overlap problem. We have thoroughly reviewed both surveys and have had several conversations with representatives from C. E. Coulter concerning this matter. We feel there is justifi- cation for two possible positions for the west line of said Lot 31: 1.) One was monumented in 1974 by C. E. Coulter and 2.) one was monumented by Sunde Land Surveying, Inc. during February 1988. . As the original plat of Shady Island lake, Minnetonka was platted many years ago, it is very difficult to ascertain the positionof the original monuments as placed in the original survey. The means by which this land was surveyed originally leaves many questions as very few irons were most likely placed at the actual lot corners and at only certain control points. Thus, means by which this lot can be surveyed are extremely difficult due to problems in resurrecting the original lot lines. It is apparent that there has been a considerable amount of uncertainty in recent years with respect to the acceptance of ori gi na 1 monuments in the fi e 1 d. As land surveyors, we can only be fact finders in boundary problems of this na~ the surveys were performed by C. E. Coulter and Sunde land Surveying, Inc.~~ have overlap problems due to monumentation, we would suggest you meet with your neighbor and come to an agreement as to the position of the line. Requesting the court system judicate the boundary between your two properties with judicial landmarks seems to be the only course left to follow in problems of this nature. , " ~~\I Exhibit 1-1 SURVEYOR · S LETTER Dated 31 March 198P . MEMORANDUM . . MA YOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne . Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 APRIL 1988 RE: EXCELSIOR FARM AND GARDEN - COMPREHENSIVE PLAN AMENDMENT FILE NO.: 405 (88.15) BACKGROUND In November of 1986 Ken Strausser. representing Excelsior Farm and Garden Store. Inc.. appeared before the Planning Commission and City Council with a preapplication for a Comprehensive Plan amendment which would allow them to locate their store at 6020 Chaska Road (see Site Location map - Exhibit A. attached). The minutes from those meetings are attached as Exhibits Band C. Although the proposal received a somewhat cool reception from the Planning Commission. there were at least two Council members who thought it may have merit. Mr. Strausser has now decided to pursue a formal application to amend the Comprehensive Plan. Background on the request is provided in a staff report. dated 7 November 1986. This report (copied in green) is enclosed for your review. ANALYSIS/RECOMMENDATION The issues raised in the previous report must still be addressed. It is important to realize that the Plan amendment and subsequent rezoning would do more than just allow the Excelsior Farm and Garden Store to locate there. If that use were discontinued in the future. there is a long list of other commercial uses which would be allowed within the C-3 district (see Section 1201.22 of the Shorewood City Code). In making the decision. it must be determined that the site is appropriate for any of those activities listed. A Residential Community on Lake Minnetonka's South Shore g . . Re: Excelsior Farm and Garden Comprehsive Plan Amendment 28 April 1988 If that determination is made it is strongly recommended that the rezoning to C-3 also include the office property north of the subject property. This would eliminate the "leapfrog" effect and constitute less of a spot zoning. From the applicant's site sketch (Exhibit E) it appears that the existing buildings will not conform to the 50 foot setback required between commercial and residential sites. It is interesting to note that the applicant has obtained a petition of neighboring residents stating that they do not object to the proposal (see Exhibit F). They have been advised that a public hearing will be held on 3 May. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Kenneth Strausser - 2 - . , \ , . \ , . \ I \ , \ \ \ , I 0 AVE. . r . i Exhibit A SITE LOCATION Excelsior Farm and Garden - Comprehensive Plan Amendment '1 I'--- Minutes Planning Tuesday, Commission Meet~ November 18, 1986 . PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN Kenneth Strausser for Excelsior Farm and Garden - 6020 Chaska Road Mr. Ken Strausser, representing Excelsior Farm and Garden was present to request feedback and direction to his proposal of a Comprehensive Plan amendment. An amendment would allow him to request rezoning the property at 6020 Chaska Road from R-2A (residential) to C-3 General Commercial. He would then relocate the Excelsior Farm and Garden business to the Chaska Road site. He said the site was chosen because of the exposure to Highway 7 traffic. Benson said he is opposed to more commercial use in that area. Watten felt it would be excessive to have that much more traffic on Chaska Road. He also doesn't want to see Highway 7 become a "strip". Spellman felt this would be going against the Comprehensive Plan. Leslie concurred. Commissioners discussed alternative locations such as the shopping center. Mr. Strausser said that would cause loading problems for customers. Ed Yaeger, real estate representative, said this property has been on the market as a residential use several times with no buyers. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover explained that the Shorewood Pins could be obtained for a $2.00 donation with all proceeds going to the Park Fund. She handed a pin to each Commission member to wear for promotional purposes. She reported that three new Ordinances were being reviewed by the Council. ADJOURNMENT Leslie moved, seconded by Benson to adjourn the meeting at 10:58 P.M. Motion carried unanimously. Respectfully submitted, Patti Helgesen Planning Assistant - 8 - Exhibit B PLANNING COMMISSION MINUTES Dated 18 November 1986 COUNCIL M1NU'l'J:::1:i M,ONDA Y, DECEMBI8, 1986 page four . CORRIDOR STUDY DISCUSSION - cont. The City questioned service roads that are proposed through areas of great elevation changes, and will not support these proposals. Bruce Benson of 5820 Christmas Lake Road submitted a letter and petition signed by 100% of the r-esidents on Christmas Lake Road and Christmas Lane, requesting the culdesacing of these roads. The land needed for the culdesac has been donated by Rodney Peterson. The area residents are even willing to pay for the improvement. $250,000 has been allocated for improvements to the Christmas Lake intersection. The residents would like the city to approve the culdesac prior to the improvements on the Christmas Lake Road and Highway 7 improvements. COUNCIL BREAK - 9:23 to 9:32 owner 01: 't.ne ::SK1ppere't.'t.e, spOKe l.n OppOSl.t:l.on 01: a n~w l.Ut:.~Ll:)~l,;l.~Ull. They feel the intersection will cause additional accidents, addi- tional traffic through Shady Hills, and will reduce business for the commercial area. Andrew Schmidt of Video Update feels there would be no decrease in business traffic with the new intersection and new access road. He feels a safer intersection and good service road will create additional business traffic. City recommendations are to be to the Metropolitan Council by 1/31/87, Metropolitan Council will then review and submit their response to MnDOT. Council will act on a recommendation for Met Council at the 2nd meeting in January. COUNCIL BREAK - 10:25 to 10:20 EXCELSIOR FARM & GARDEN STORE - PRELIMINARY APPLICATION FOR COMP PLAN AMENDMENT Mr. Dick Mattila of 6020 Chaska Road, and his Attorney Leroy Hauglun asked the Council to consider a request to rezone his property to C-3 (Commercial) to allow the relocation of the Excelsior Farm and Garden Store. Mr. Mattila's realtor, Ed Yaeger, indicated that the pro- perty was for sale for 6 months and did not sell as a residential site. They feel because of the R-C use next door and Highway 7 traffic, that this is not a" good residential site. The current zoning is R-2. This request would require rezoning and a comp plan amendment. Mr. Mattila felt he could get a petition from neighbors to support his request. Stover felt the R-C was a good buffer between commercial and residential, but the request is not allowed in the R-C zone. Gagne felt this location was a poor location for residential. Shaw felt this request could be a reasonable use. Council in- dicated that he could return to the Council with a formal ap- plication for rezoning accompanied by a petition from the neighbors. WILD DUCK 2ND ADDITION - OUTLOT A DISCUSSION Jim Dutcher asked the Council what can be done to his Outlot A at the end of Wedgewood Road. He reviewed the history of his 2 family development in that area. Haugen referred to a document that prohibited any structures, topography changes or use for parking. This document was not filed with the subdivision as agreed upon when the 2-family density was allowe Exhibit C w111 support this easement even though it was n CITY COUNCIL MINUTES . Dated 8 December 1986 Dutcher has been asked by Tonka Bay for a port1 perty to use as additional park land. The Coun . . City of Shorewood 5755 Country Club Road Shorewood, MN 55331 April 5, 1988 We respectfully submit this request to the City of Shorewood: The rezoning of the within specified piece of land currently owned by Donald Buchsbaum under contract from Richard Mattila and zoned R2-A to be upgraded to the zone classification C-3. The current owner and the Excelsior Farm & Garden are making this request because we feel the land in question would be better suited to the new zoning. Currently zoned for residential, the land is bordered on two sides by roads (Hwy. 7 and Chaska Road), and the third side by an office building, and on the fourth side by a well-timbered residential lot (owner of which is supportive of this request). The land in question is virtually void of trees and does not offer the residence any sound or visual privacy buffering from the heavy traffic on Hwy. 7. This seriously diminishes the value and desirability of this lot for a home. Subsequently, we feel the land, because of its exposure, would be good for retail use. The rezoning of the property would allow the Excelsior Farm & Garden Store, which has been of service to this area for over forty years, to remain and serve the area. Our floral display, gardens, and landscaping would greatly improve the appearance of this open parcel of land. The Excelsior Farm and Garden Store would greatly appreciate the opportunity to combine forty years of service to the area with the City of Shorewood's business community. We feel on the rezoned property, we and the City of Shorewood could both grow and prosper long into the future. Respectfully submitted for the Excelsior Farm and Garden Store, Inc. fi..~~1 Mana Exhibit D-1 APPLICANT'S REQUEST LETTER Dated 5 April 1988 ~~ . . The existing zoning classification on this property is R2-A. It is currently being used as a residence and recently as a truck and auto repair. Other properties and classifications are shown on zoning maps included. The traffic to and from this parcel of land would be primarily from Highway 7. The office complex is the only building between the parcel in question and Highway 7. Since the current owner works on cars and trucks, the amount of traffic currently generated by him is unknown. We project an increase in the number of vehicles compared to current usage. The entrance to the property is approximately 600 feet off Highway 7 and passes only the office building. Therefore, we feel that the increase of traffic flow on this short stretch would not adversely affect anyone. Exhibit D-2 ,~) it~ . ~fJ ~ l0f-r~~ l' ~ ~ 1 :i~J~t.~,,~ · \ ~ j ~ d'i~~, '-J~ ,,""> ~~" . ~J ~ ~1 -~ ~ q:~, '1'" ;:z;, '-,~ ",'~ ,~~ ~, ,,~: ),", ~ \) -t., "1 'U~ :", '\\ " ~'0";j. ,'~ j~' { ,:\~ i\_~:,...~ "~'~ ~ ~ ~ ~~ .~ ~r.J~+1 L~ r\ ~1 J J~~I~ ,~~ \-4- QG =::t ,1 " .:.... ,{, '-"J ~ \~ ~ ~ ~ ~ ~ ....::i.,.. .... ~ ~ ~,.'j ~'1 ;j J ...~ · ~ ,!f -~:~~.. ~~~i ~ e~ 8 . \ , d ~ l- ;J) l' ~ .... ~.1'- ~~ ~..~ ~ '\ ~ ~ ~ ~ ~ ~ ~ ~ I~ ~~ \\.J ~ ~ Y1~ Q) r~ 10 Vi <:., ~ ~ ~ ~i":) U ~ .\J~ \f)~ ~.~ 1~~ ~ ~q:: ~ \T ~~~~ ~ ) j ~ (~ i~ i'~,\ i ~'-~ ~ ~ ,-- ~~~~ ~~1 ~ \\,...... ~ ('t') I A '- ;1 ~ .... OM .0 OM .c ~ .~ ~ - t- r-. l- ~ .......... ':) ~r \-~ ~ t/ ~ ~ -"'- 'C ~ ~ , _~ m ::r. 'S) ct ~ ~ \{l t /1 . . ') '\ . ~ l. 4- 1:: ~-" - ~ ~ ~ 0 \, ,/' ) \ " \ " , \n - .-., u .... ~ t. Exhibit E SITE SKETCH . . December 11, 1986 PETITION FOR RE-ZONING PROPERTY OWNED BY pOr'\o.td J". Cvc-hshau&^ , 6020 CHASKA RD., SHOREWOOD, MN. 55JJ1. THE ABOVE PROPERTY AND ITS USE PERTAINS TO THE EXCELSIOR FARM & GARDEN STORE, EXCELSIOR, MN., LOCATING THEIR BUSINESS AT THIS LOCATION. THE ZONING REQUESTED IS C-J. "I/WE DO NOT HAVE ANY OBJECTIONS TO ABOVE PROPOSAL." NAME ADDRESS PHONE NUMBER J ~ ~ IS ~~ to.sO~/U~",JU J JJ1J~' ~ bfi,<;7) ~. IU v J2$; 2t~ 1",.11' ~,~ 't 7'/ ~Y;'7 V ~_/lPl-~ '!r < 13 frC1/~L.J( 9~ 4J(!l,/iff!t ~ J r--::::> ~ . . 41iJi ~l. - ~ 7~S '17 t/- L ') 7R 'f7,/-(;j 7P ...t. !J1{ '-174 -" 2 '3 'I ., ~'rrP( :t; J ~/~?! . ::i7t:S ./k___r ~ sJ"t.P-JJ: ~ J -~?~:.u ---t~~d ,6dQd ~iJ,/)/ JJ~~r.-f'S~"I Exhibit F RESIDENT PETITION Dated 11 December 1986 \ . . I 4 , ...CONTINUED...PAGE 2 PETITION RE-ZONING OF PROPER1Y LOCATED AT 6020 CHASKA RD., OWNED Bypenatcl J". .th..~~~b..,," NAME ADDRESS J (iU?~) E,' (! ft,~Ar~ PHONE NUMBER ~/ ,'7 y: ?6. ':f~ "l7 'I . c 1 'i ( ./ 'f.A l. -+--. l.i-~ vi j)~ I{~ X.l~~ C. Ktl~./ ~7&O ~JH_ 1/?c(-1'ffS- \ ~CMoIC:,l OF ~ ~ ,;~ /7/ ~J ",,"',I\-tQ s ~ 'W!- __.5~'HdU:7/(wz.... CAad ,;;)3;j 9d 47 '7 'i 7 f ~ .178'1 IPs 0 -to f\~f(l~ . . I " , , \./. b I j--' I ~- i,,( /.. ~ I 'I ~7. /1 _ "l .. I G ~ \^~J, i . () '..I' j;' d.. AiL~-- (pC 7{ rJ'1c;rr/../\./);-i T "'- ~ 1 ~&fJ~A>>Vv(/.js1tO ~/p';'" ~ i!J 47'/- 3-5.).) ) (,~ .1 . . .... . . '." .. .CONTINUED. . . PAGE i PETITION RE-ZONING OF PROPERTY LOCATED AT 6020 CHASKA RD.. _OrlNED BY DOOCL1d :r 8",~bQu.""" ADDRESS .C;o{J()f{tuL d . J PH ONE NUMBER 5?3 L/-3;&V . ,.~ 171- z~s-t.c 5UJ" d,./O>.- t2ar.. <17. -n~. ~{1,N' ~...3 . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J, Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA ~5331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIESLEN DATE: 7 NOVEMBER 1986 RE: EXCELSIOR FARM AND GARDEN - PROPOSED COMPREHENSIVE PLAN AMENDMENT FILE NO.: 405 (86.55) BACKGROUND Mr. Kenneth Strausser, representing Excelsior Farm and Garden Store, Inc., has requested that the City amend the Comprehensive Plan in order for him to relocate his existing business from downtown Excelsior to 6020 Chaska Road in Shorewood (see Site Location map - Exhibit A, attached). If he is successful at getting the Comprehensive Plan amended, he would ultimately request a rezoning of the site from R-2A, Single and Two-family Residential to C-3, General Commercial. The property in question contains approximately 71,588 square feet in area and is occupied by a single-family home. According to the applicant it is also being used for truck and auto repair (nonconforming use in the R-2A District). Land use and zoning surrounding the site are as follows: North: East: South: West: office building, zoned R-c Chaska Road, then single-family residential, zoned R-1C single-family residential, zoned R-2A State Highway 7 PROCEDURE As you are aware, amending the Comprehensive plan is a two step process. Mr. Strausser has submitted plans for the preapplicationstage of the review process. This allows him to present his ideas to the Planning Commission and City Council on an informal basis. Hopefully, he then gets some direction as to the general acceptability of his request. If he is confident that his proposal has some chance of success, he can then submit a formal application. A Residential Community on Lake Minnetonka's South Shore . . Re: Excelsior Farm & Garden Compo Plan Amendment 7 November 1986 In preparation for the informal discussion scheduled for 18 November, it is suggested that the Planning Commission and Council review the area plan for Planning District 11, on page 118 of the Comprehensive Plan. Also, the policy sections fo;r: residential and commercial development should be reviewed. From a planning perspective there appear to be two primary issues which need to be considered in the review of this request - land use/zoning and traffic. As you may recall, the property north of this site was zoned R-C to create a transition between Highway 7 and the residential area to the south. The R~C zoning district was originally intended for this type of transition. To "leapfrog" the transitional district with a higher intensity zone would typically be considered "uncoordinated spot zoning". . A second major concern is the increased traffic which will be generated by the propo~ed commercial development on Chaska Road, particularly since there is no semaphore to control the intersection at Highway 7. As a final note, many of you will recall that an earlier draft of the Comprehensive Plan had shown the area between Chaska Road tne Highway 7 as being suitable for medium density residential. In the final draft of the Plan this was changed to low density residential (1-2 units/acre). To now switch to commercial development would represent a change in direction for that area. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Kenneth Strausser . . City of Shorewood 5755 Country Club Road Shorewood, MN. 55JJl . October 21, 1986 We respectfully submit this request to the City of Shorewoodl The rezoning of the within specified piece of land currently owned by Richard Mattila and zoned R2-A to.be upgraded to the zone classification J-C~ The current owner and the Excelsior Farm & Garden are making this reqQst because we feel the land in question would be better suited to the new zoning. Currently zoned for residential, the land is bordered on two sides by roads Hwy 7 & Chaska Road), and a third by an office building, and on the fourth side by a well-timbered residential lot (owner of which is supportive of this request). The land in guestion is virtually void of trees and does not offer the residence and sound or visual privacy buffering for the heavy traffic on Highway 7. This seriously diminishes the value and desirability of this lot for a home. Subsequently, we feel the land, because of it's exposure, would be good for retail use. The rezoning of the property would allow the Excelsior Farm & Garden Store, which has been of service to this area for over forty years, to remain and serve the area. Our floral display, gardens, and landscaping would greatly improve the appearance of this open parcel of land. The Excelsior Farm and Garden Store would greatly appreciate the opportunity to combine forty years of service to the area with the City of Shorewood's business community. We feel on the rezoned property, we and the city of Shorewood could both grow and prosper long into the future. Respectfully submitted for the Excelsior Farm and Garden Store, Inc. ~:=G' Manage r Strausser Exhibit B-1 APPLICANT'S REQUEST LETTER . . The existing zoning classifica~ion on this property is R2-A. It is currently being used as a residence and a truck and auto repair. other properties and classifications are shown on zoning maps included. The traffic to and from this parcel of land would be primarily from Highway 7. The office complex is the only building between the parcel in question and Highway 7. Since the current owner works on cars and trucks, the , amount of traffic currently generated by him is unknown. We project an increase in the number of vechicles compared to current usage. The entrence to the property is approximately 600 feet off Highway 7 and passes only the office building. Therefore, we feel that the increase of traffic flow on this short strech would not adversely affect anyone. Exhibit B-2 * . . L.o 'f t.J ;rl. o 'Fr: ;(,-e.. -1t u; , J ,"111 , ~l/' st,J /\ ~~'\ Cf~~ l' ~ l'. .... V "1he.. r12"toso:l "i5e. IUO"! IJ ;NC lule.,. /I L!; 1\i1 ~11 ~(. N~tV ~1.(:IJ;l()r 1544; /J l/vi --to ; oIJcJ'I ,/ e. 1< e t,.; J $f.t4 ( e "" ~TD ~ fl' e. "1Ac. e..... C I ~;Ni ~ P. ~ (9 -..p. LoT' -Y 1ft- k. ~vJ dowlv ftllfh-t-olJ <;' 4e-J$.. J,v?F-~[Pf -P~:Kk"llIf 14 "R ~~ · Exhibit C PROPOSED SITE SKETCH . " . . /~P/L;4 ~ r. /9.f-,y /'1e-1"1 Ucn-S 0 f' 77tC' I;o/2..€"w()()fj ?)/1dAJI;';6 {JA,-,/S5IU"tIJ 4"'-TdC-H<::'-~ IS /9 krr;-cJ.'L we- /.fl9-i/e:' >e?-Vr /0 -r/'fC' IZEs /i)c.-AlTS r;d()",vd TllcT ?/l.4Jrg~t-O ~~-2p,v;,..vt:- o~ 60)..0 CH/7StL./9 ;<(),oc . tJe h-7t- A j/'1L1C--I--I i?c,7(;",- (.;1St!' 0/ I/fe.~ .L.,pA/() VO(A~LJ J:?cr J//V6LcF (i~ /:;Jot..f4tt;;" 'fNIT h",+JII...Y IItJtI;,',fI~. -rt+c e 1'-1" {'c)u N(. (~.. /-/,;J IN IIr6 PASr I9P/:::>~ 0 vc-O I N I 5 VI Ie 0" n'fcr .L.A~ /7A/() we- FcG '- +T Z S S-rn-'- /,v 71fe- IIV~I ~ 17 (?cJ~ Ht;)cu)> J?trS r- 1";rc.-~6~r, tJ~ 12..t!"~PC:-C.T~L-(~(.,Y IISIL.. Tly./9T Yt>(..( (b~>/p~ OU/l.- (t~-A SeJ AI~ Fe;e. Dl.r/l/,/ INt:- 7tfc /2.c'-Qt4cTt;- Fo~ tee<-c;),v~';&/6- c?P 00.l.0 (J/-I~II<.A 12-,~~. J:r /II t:! r;-d-c A. Y, Jifek ~ ~ 1~ fY7, J<-;;-- It~ C"tlO y 1119~/<... . . April 28, 1988 DEAR RESIDENTS OF CHASKA ROAD: We want to inform you of a proposal before the Shorewood Planning Commission on May 3, 1988, at 7:45 p.m. The purpose of this hearing is to consider a request by Excelsior Farm & Garden Store, Inc., to amend the Comprehensive Plan by changing the land use designation at 6020 Chaska Road from residential to cQllVnerc i a 1 . We are opposed to the rezoning for a number of reasons: 1. The rezoning from residential to C-3 would hopscotch over the lot at 6000 Chaska Road, which was changed in the spring of 1983 to R/C so an office building could be built. The change to R/C was to act as a buffer between commercial and the neighborhood. 2. In 1983, when the other rezoning was done, the City Council expressed their desire that they would not create another Highway 7 "strip", similar to what has happened at Vine Hill. 3. Increased traffic on Chaska Road. As you all know, the intersection of Chaska Road and Hwy 7 is a very dangerous intersection. By rezoning to C-3, the City would allow a retail business on Chaska Road increasing the traffic load. According to Bud Dixon from the Minnesota Department of Transportation records for the last three years show: 1985 1986 1987 4 accidents, 3 property damage, and 1 personal injury 7 accidents, 6 property damage, and 1 personal injury 6 accidents, 4 property damage, 1 personal injury, and one fatal ity That's an average of an accident every 60 days! What will happen with a retail business to add to the traffic? Another point to consider is large truck traffic for delivery purposes. What will this do to our city streets? 4. According to the Minnesota Department of Transportation, the current plan for Highway 7 is to begin in the fall of 1990 to construct stop lights at County Road 19, close the median at Chaska and Galpin Lake Roads, and make right turns only onto and off of Chaska and Galpin Lake Roads. What this means is that to go westbound on Highway 7 from Chaska or Galpin Lake Roads, you would have to enter 50 mph traffic, cross the lanes of traffic then make a u-turn. At Galpin Lake Road, you must do this in approximately 400 feet! Try that in a delivery truck! OVER . . 5. The final, and we feel, the most important consideration against rezoning to C-3 is to look at the bigger picture of what could happen to land use on Chaska Road. Once the land is rezoned C-3, just about any business would be allowed to be there. See attached list of possible businesses in a C-3 zone. Under C-3 guidelines, we could have a business like a McDonald's that could be open for business 24 hours a day, all legal under C-3 guidelines. In closing, we ask you to take a close look at what could be happening in your neighborhood. If you feel as we do that the office building we have now is enough commercial business for Chaska Road, please write to: Shorewood City Council and Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 If you can personally come to the Planning Commission meeting on Tuesday, May 3, 1988, at 7:45 p.m., your voice can be heard and we can put a stop to this arbitrary rezoning proposal and keep business in the business district. If you are unable to personally attend the meeting, please at least call City Hall at 474-3236. ];S- .cer~, --1e~~ "/J . .~. Cut' f .~ Mike :'~i ijy Marr 6015 ~s~a Road Shorewood, MN Page 2 RHJ:25:j 1201.21 . , a. I.ot area b. 1.01 width 1:. Lol depth d. Sclhacb: ( I) Front yard (2) Rear yard 0) Side yard (4) Setback from R District hound- ary Subd. 6. Building Requirements: . 1201.22 Not less than 20.000 square feel Not less t hall I ~o kl't NOI less thall 120 feCI Not less t ha n ]0 kel NOI less I han _'0 kel Nol less than 20 feet 011 cadI side nor less than ."\0 feel on a side yard abutting a slreel Not less than 50 fccl (Additional set- back not required when adjacent to a nonresidential use in an R-C District) a. Height: No structure shall exceed two (2) 'iwries or twenty five feet (25'), whichever is least. . 1201.22: C-3. GENERAL COMMERCIAl. IlISTRICT: Subd. I. Purpose: The C-3 District is intended 10 provide for the establishmenl of commercial and service activities which draw from and serve cuslomers from the entire community or subregion. Subd. 2. Permitted Uses: The following are permitted uses in a C-3 District: a. Trade and Services: Retail stores. personal sen ice or business srrviet' establishments induding the following and other similar uses: (I) All permitted uses as allowed in a ('-lor ('-2 District. (2) Amusement places (such as dance halls or roller rinks) and com- merdal n:creation. (3) Animal clinics (with no overnight care). (4) Antique or gift shop. (5) Art and school supplies. (6) Bakery goods and baking of goods for retail sales on the premises. (7) Bank, savings and loan, savings l'redit unions and other finan- cial institutions. (8) Bicycle sales and repair. 1201.22 . . 1201.22 (9) Books, office supplies or stationery stores. (10) Bowling alleys. (11) Camera and photographic supplies. (12) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. (13) Carpet, rugs and tile. (14) Coin and philatelic stores. (15) Commercial and professional offices. (16) Copy service, printing service, and newspaper offices. (17) Delicatessen. (18) Department and discount stores. (19) Drugstore. (20) Dry cleaning including plant accessory heretofore, pressing and repairing. (21) Dry good store. (22) Electrical appliance stores including incidental repair and assembly but not fabricating or manufacturing. (23) Employment agencies. (24) Enclosed boat and marine sales. (25) Florist shop. (26) Frozen food store, but not including a locker plant. (27) Furniture stores. (28) Garden supply stores. (29) Gift or novelty stores. (30) Grocery, fruit or vegetable store, but not including sales from moveable, motorized vehicles. (31) Government and public utility buildings. (32) Grocery, supermarket. J 201.22 . . 1201.22 (33) Haberdasheries. (34) Hardware. (35) Hobby store. I (36) Insurance sales. (37) Jewelry stores. (38) Leather goods and luggage stores. (39) Locksmiths. HO) Meat market, but not illduding pwcessing for a locker plallt. (41) Medical and dental offices and dillies. (42) Paint and wallpaper sales. (43) Plumbing, television, radio, c1el:trkal sales and such repair as are accessory use to the retail establishment permitted within this District. (44) Public utility col1ection offices. (45) Real estate sales. (46) Record - music shops. (47) Shoe stores and shoe repair. (48) Tailor shops. (49) Theatres, not of the outdoor drive-ill type. (50) Toy stores. (5 J) Travel bureaus, transportation ticket offices. (52) Variety stores. b. Commercial parking garages, ramps and lots for passenger vehicle only, provided stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking space shall have a capadty of no less than two (2) vehicles. Subd. 3. Permitted Accessory Uses: The fol1owing are permilleJ accessory uses in a C-3 District: a. All permitted accessory l,Ises al10wed in the C -2 District. (Ord. t 80, 5- t 9-86) 1201.22 . . 1201.23 Subd. 4. Conditional Uses: The following are conditional uses allowed in a C-3 District: (Requires a conditional use permit based on procedures set forth in and regulated by Section 1201.04 of this Ordinance.) a. All conditional uses, subject to the same conditions, as allowed in the C-l and C-2 Districts. (Ord. 191, 11-24-86) Subd. 5. Lot Requirements and Setbacks: The following minimum requirements shall be observed in a C-3 District subject to additional requirements, ex- ceptions and modifications set forth in this Ordinance: a. Lot area b. Lot width c. Lot depth d. Setbacks: (I) Front yard (2) Rear yard (3) Side yard (4) Setback from R District bound- ary None None None Not less than 30 feet Not less than 30 feet Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a public right-of-way Not less than 50 feet (Additional set- back not required when adjacent to a nonresidential use in an R-C District) Subd. 6. Building Requirements: a. Height: No structure shall exceed three (3) stories, or forty feet (40'), whichever is least. 1201.23: C-4, COMMERCIAL SERVICE DISTRICT: Subd. 1. Purpose: The C-4 District is intended to recognize areas containing pre- existing businesses which provide services primarily for the community and surrounding area. It is further intended that the location of the C-4 District may take advantage of transportation routes with existing high traffic volumes, however, activities allowed in the District will not create additional traffic. Subd. 2. Permitted Uses: The following uses are permitted, as regulated herein, without special application requirements or conditions attached: a. Bakery goods sales and baking of goods for retail sale on the premises. b. Canvas products sales and repairs. c. Convenience grocery (without motor fuel facilities). ''',,-,".- ---'""", '-" .------- , . . fJ q , .' - j i i)- ~ , . . tJ.,~. ~ 'j {J . 1 1- ' . , vO "... T i.. .; f ' ~ -. ~.. { <5'.. ' ~ f '.' J . i ' :f ') - i' , .' . J.? ~ " _ r<i 1 rt Q " IIJ, .? , g, J j , 1 r J.. ~.. '1... 1. ' i........... ~ J.i.... ( J-.... j'.. n '. I.. { . ~ ''! , . " .;.. . r . 1 ~ . \I) . S. ' ," '$' . ~ '1 1 ~ · 1 { -9 '. g } ',? .? .' . j If" <><". (1l , i ~'" . . . i J 1 8- 1 ~. · i r '1 ~ . (; J. r~ '~ J, ~ ~ t t J ' ~. ...... ~..... .... .... ~.... ~ .... 'r:>j,.. ~ .g-.j-~,~- . j.. I') ~ - r j ~ t j ~ .9 ~ . .~; - . l. j 1 ~ 1. . fj . - ~ _ 1 1 ~ J . ~ ~ d 1 _ 1 jJ pd' 't - :l 1 t J ;f cr~ t i .i. b1 (J ~J . Jj0d' J f) f " L j ~ ~ !.J .~_ n_ ~.. _ ~1___ ~ . .dU.l . L~LJ_Jl._. . .-. . ~~ 8, Jff~~ ~ . J.~~~titk.~ ~~~~~~4<~ 1;" ~1iu (J~ ~.. · "tit ~~ · jl,()'Jo~ G?4.~ · 1; , .~ ~hU! --- j, ~ ~ ~J;411.(; 1iL. ~ . ~~1~(!k tro4~~ t>( -t::k ,J;J ~ ~ *&" · 4 tp~.u- ~~~~ mJ- ,.~ ',U- ~Iua<u ~ · ~tH( ~ I /fJ "/1 '~~ q'~ ~~ t,(J'IS'~ ~~,,~trlil' Jj7'1-&7~~ · . / ~ , S"S 3" '1. . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 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 APRIL 1988 RE: PROPULSION ENTERPRISES - CONDITIONAL USE PERMIT FILE NO.: 405 (88.11) BACKGROUND Mr. Wayne Warnke, representing Propulsion Enterprises, proposes to move his propeller repair service business from the lower level of the Village Pump building to Dick Moore's property located at 24470 Smithtown Road (see Site Location map - Exhibit A, attached). The property is currently occupied by Mr. Moore's auto sales lot. Since an outdoor sales business currently requires a conditional use permit, pursuant to Section 1201.21 Subd. 4.e. of the Shorewood City Code, any change in use of the property also requires a conditional use permit. Mr. Warnke proposes to occupy one-half of the 4000 square foot building (see Exhibit B) located at the rear of the subject site (see Exhibit C). The property is currently zoned C-3, General Commercial. Surrounding land use and zoning are as follows: north - undeveloped; zoned C-3 (proposed Baywood Shops project) east - American Legion; zoned C-3 south - golf course; zoned R-1A west - multiple-family residential; zoned C-3 ANALYSIS/RECOMMENDATION Mr. Moore's business was originally approved in 1984 as an auto sales lot. It is somewhat unique from other car lots in that it is more of a wholesale type of business than retail. Mr. Moore res tores old cars and sells them. Consequently, the use falls somewhere between auto sales and auto repair. Mr. Moore's business existed prior to adoption of the current zoning ordinance. As a result, the site does not comply with several requirements in the ordinance. In order to change the use of the property, several improvements must be made to bring the property into zoning compliance. A Residential Community on Lake Minnetonka's South Shore 9 Re: Propulsion Conditional Use 29 April 1988 Ente~ises Permit . A. C.U.P. Requirements - Outdoor Sales. Following are the requirements of Section 1201.21 Subd. 4.e.: 1. Outside service and sales area is limited to an area no larger than the gross floor area of the principal building. The auto sales area has now been reduced to a 40' x 65' area located between the proposed parking lot and the existing building. as shown on Exhibit D. Additional display area is proposed behind the fenced-in enclosure. The proposed sales area equals the floor area of the principal building. 2. Outside sales areas must be screened from view of neighboring residential uses or abutting R districts. There is a staggered row of spruce trees along the west property line which eventually will become a very effective screen. Until that growth fills in. the City may wish to require a 4-5 foot fence along the display area. 3. If any lighting of the site is proposed. the applicant must submit a lighting plan consistent with Section 1201.03 Subd. 2.i. of the City Code. 4. Sales areas must be surfaced to control dust. The applicant proposes to leave the crushed rock which currently exists. 5. Display of vehicles can not take up required parking. The applicant shows a paved. curbed and striped parking lot at the front of the site. It is important that he realize that cars for sale can not be parked in the area designated for parking. C. C.U.P. - Outdoor Storage. Much of the fenced-in area at the rear of the site is used for outdoor storage of vehicles used by Mr. Moore in his auto business. The zoning ordinance requires a C.U.P. for outdoor storage and limits the area of such storage to the area of the principal building. The proposed storage area has been shown on the applicant's site plan. The conditional use permit should specify that outdoor storage will be confined to the designated area. The other requirements listed for outdoor storage have already been addressed as part of the outdoor sales C.U.P. D. C.U.P. - Auto Repair. Section 1201.21 Subd. 4.c. contains requirements for auto repair service. The requirements are virtually covered by the two aforementioned C.U.P.'s. E. Parking Requirements. One of the major deficiencies on the current site is parking. While there is more than ample space for both Propulsion Enterprises and Moore's Auto. the parking lot has never been paved. They propose to correct this by paving. curbing and striping the area required for parking by the Ordinance. The proposed parking is shown on Exhibit D. - 2 - Re: Propulsion Conditional Use 29 April 1988 Ente~ses Permit . 1. Number of spaces. Both of the proposed uses fall under the category of "auto repair... boats and mari~e sales and repair. shop for a trade employing six or less people...". This classification of use requires eight spaces for each use plus one space for each 800 square feet of floor area over 1000 square feet. Based upon these criteria the property will require 20 spaces. 8 space x 2 = 16 spaces 3000 + 800 = 3.75 = 4 spaces total = 20 spaces 2. Surfacing. Curbing. Striping. The applicant's plan proposes to blacktop the area shown and curb it with six-inch continuous poured concrete. The lot will be striped as shown on the plan. 3. Drainage. In view of the proposed hard surface. the applicant was required to supply new runoff calculations (see Exhibit E. attached). Approval of the necessary C.U.P.'s should be contingent upon favorable review and comment by the City Engineer. F. Signage. Proposed signage. as shown on Exhibit F. complies with Section 1201.03 Subd. 11 of the City Code. Mr. Warnke's desire to locate at the subject property provides an excellent opportunity to upgrade the site in terms of zoning compliance. It is recommended that the staff be directed to prepare a detailed resolution approving the necessary C.U.P.'s and incorporating the approved site plan and conditions referenced herein. The City may also wish to include a statement advising the applicant that any future expansion of the existing building will be expected to comply with the construction requirements contained in Section 1201.03 Subd. 7 of the City Code. cc: Dan Vogt Glenn Froberg Jim Norton Wayne Warnke Dick Moore - 3 - ~ ~:f:- ,. ~: ttO. l~ , I. ,~ It;... '. m ~:) CJ) f1' . (. .LO' ~ '\I \~.~ ~oSL~ '" \. r= ~. .:.J ~ s. ---rI1'fl'" yl "'.6.- ~ I I 'Y. :!, ,1..1.10 I~ ~-'. I~ ~ '---' I. OQ t'_ 1'#&%% ,..-...." --- \(\ ---... _. ~-S:E'; --- - ~ - .j-i-o-r----- .., ~ ~ '---' .~ -':.c-'l .. .- ....' ...: ---[CSt-- - ~ N~ "".: . ,," ... -- --. f,.'r----- o -;:::-. ~ N ~ 11:- o ~ -fLi~---- ,- zm~ u_~ ~ CD ~ ... ...1- ~ -~ -~"'F .. ~1 ~ .; " ~ 8 ~ [6 "6f CD ~ ~ '---" an ~ ~- c.:.. a:: ." "G'" ~ .~, J _ ~ ~' ~ ~~., .~\~ '. ::::. ,,- . '" t' - : ~ co . '!;'" .;......:;l fHr. _.1..'o~ 'i{riA8~Nno:> < \ ~ fob _ _ _, .\ --.\~ -6. O. ~o, '~:'~~\o~c-T~ -T, '. I ~ 1<"'....., I il'.... ~ ~ ; - to \, I ..J -.---- . '5'Z;; to- v ..... "'~ tif' q -'\ - t- 9....'101~ .~ JW: ,.- ::':'--~ -r- -t I \ /:. I \ ~t- ~ 0 I $ \ ..J' (st,/e~)1 pOOJ JOt uad I) ~ ~ \ H:-7.~ .101 ~. I~. ../6 'l ~ \",.Z7;;;~.~",\ ,.~ . . ~ :t ~ \ "" to' ~ ~ \ :, ~ "':1' . -";j> ':'\ "'f -, " '_ _ -1.__ " '-" ..r,. .'. 1&1 '\.~ :.\ .,~ '" - ,,:!\.- - -- fi'+ "'-Y.,~ . '':.~ ;',;,. -~" ....... --~N - ~ ~ ~....~ ~ i~ - '() Z ..... '" ..... ~ ~ .... ~\D t- I 9 ~ i----.1il.--- .." oJ I~ ~.z 1.0' :DJ -----..-.-- ~- ..,.-- ~ ,~ '5 ~l 10' " JfL'('Z t~~-- -'of,~ A () N C7'\ ~. ~- ,"'- I~ I-'"' . - ~.I ~ ttI ; ~C\J .. - N--I-"- - .... .<) 0.'0 "r ~..J I 'iiz .." ;; .)A .", ~ :':: ~ .. ..... ,-' o C\J ~ -- ---, ...- .' ~." t- --0- 't" ...J ~ \~ ~~ :"'-!.l ,'" '..... ''''I -', 1 .'1 ~5:::;....:: ',. ," /:~.~) L ~' ~/l' ,. '~ !\I' ~ ~'-.- i .1 "1 c: 1-- (\II ~.. ~ It ~ , -.....: <(!::> 1.... 'oj ~/j"'; .. . :'(..~. ''->. ~ Exhibit A 81 TE LOCATI ON Propulsion Enterprises - C.D.P. ., 'f t'-, .........- !. " ,.' I- ~' w . , Cl Ii 4 i I ~ ..l 1111 I. I I I i ~--'i ! 3D ~ l/n -: y, ~~ ... 7t> - ~o- 90---: 1 t"J ~ .pT, I ; I ' I , : A ~... ~ E ~~~~~t , /0+-/. . I ' . I , i I I ! . , , I ! to I " H -f)<:1<:J/' I ! JVI00RESI ~tJ I l, I t 'It) I i 6Ar"/f NoD"" () H OCt:J1' - ,'-' ~-t.:.:...t;._-;-~-- !. "'-,!; MooRE'$. I R~ 0 rf, , ;lU;O i PNOPIJLS;CN EA/r PRoP' Rf;p/l;~ . PITOPul.s;o<v F-. , REfA,'(y (> tI Occ, " Cl ~ :t () P.ttp fs SALES i . i I i I ..~. , I f"'1." ~T; ~: I I w' cl I I i I I (V I I I I I ! ! Exhibit B PROPOSED FLOOR PLAN ) I ! I . ~ , ~1~ I \ \\ i " ". -- .- -- ~ -i Q~ ---1 \ , ~ '- ... I f f /""" f! 'I .. ~" I I I ~/ I l's ' Ie:: ! <11 I I I 6/ 'oN PCJ 0.) jO ~ull J1 Lfl''''' JilJJlC;Jod alII) j I I I I I I I /' / I I 110 I~ Icr L~ ., &il ~ cr I I '. i . .,' I If.' . oJl / I f I f ,- - J /1 _ . _ / . .. saaJi a';nJd~ . :0., ~((1t ~':::'-~---~___...r ~-f"',r--.r r"-,.-__-- -- ~...r--~,.r C ..( . 'J ).} / .... ~. '-9Ib~ '._ oJ....., "'-- '~_"'^-"""""'--'"',-,"'-w ~,oJ,- - \ / ( I / / :::: ~~. I ; ~~ ' , . b ,- I \; <~ I : · I ~.: " .:J :t' 1.1 IN · i7 .. I (j',/JDd /v'"U!J , . .. J' I I l ~ ~-, i i ~ { I Q ;4- w 10 VI .it- ~ 0' % ~ ':..: - o ! I.) :x:. lr 1'< u:: CL. l~ & / .n ,'\ '1 ..., ( .~ ( ~ , I, " .- r (,j J -.:f ..' -...... (' .' ::, ~ .~. ~ . .-. :-.-:'. ~//., -.' . . " '. ~ ~." ,/,/ : ' ,',tt ,/ /-. / I / ~ <<I It. fir I ' , ,~ / j J O\-f'~. . ,. , . / I 9 Q(.J . :c ~ . ' (j fl. C r( -~. 'j - ... 1<1 I.D 'il 6 In 0, fro '"'11/' l\oI I"''''' i)'CJr:ll ;/lIi....,J vI oV r,c"! v.... " I. I ,1 ..I ./'> \./~ "" [IN'1tng .,,' ......~ Z8b-' ~(;;,,,, 'I (.( ? p;;;;O (. l lie ~ "- y ,.) ; 1. , 1 ~ .~ .() '. ,J Exhibit C SITE PLAN . . .-, .\; " ~ I (,J , ,; I>- ~6 Q ;1 q,. .::t<'I \ C l.~ \ ~ .lu / . o \ , i .1 ,i ~ I S: , I ! .;. i' ~o.I'" S ~.~ s",,~ 'OW ~( fiN" I / ''fU, '"~ ""'" oJ' , eqo ~4'OO" ~ -- . ~o : 1\', t"~ '. D .~"On.9. ')}'o r-- I '$ ~. I N ~I .~ .~ '- .;1 C) /& ,<'" r- o I' I' .. I ' '{ 0 -., :..:,.. "L.l_ I / I ~..""", r -,' " \ ,: 1 . '.~' .;,.. \ · 0 t to j t Ii, .;'tJ,/~rl" ,:" It 1Ii-- dj.--.---. ~n.t:f" C , 10 - ':__.,t'.r(".'(~' i:>....;,u...(^"II\l'I'/f..".. '.'. I ~CI' I i _.~ I .0 . -l ~-- - ~,n~ ~(~I(;'~~~l . lhe norj~, line E J (of L(~r2S a.. I ... <.~ .5_ -10 .. oJ ...ll.11 1 " f .~~ \ "I, 'l; ; ~ QI l"li: dr 12S NN . . \ ...... -..-." I I , I o . .... 1>' ... -. ".' I.~~ .. ',.{ ;1, ~.s :Q ':) d) .\: < ..' " 4~t( .- '.., ,5 "-/" fI) ". ,., fl' ," ~.. .0 to ~ P/l~rlNq S~A'~A'5 ./ ~,,.... ej~ If" . r ,.;. \{; _..-..~...." .d \ . ~;. i .-----.-. .---,..-.-". , ~.._~J7-+ ,. I "Rood 'L!... '1 h~nYl e CI ';lm .. . ,l ~ . .. . . :_~. --'r . C~:'::..., ~ -"~'l' "''lEt . -~ . '-'0' 0 ',-s. h... ' ,/ . ~'i "Lo~~~' SECor 0 . .JO .~, /6'. p(",( 101 ay r.l~ ...,..-- ~ ,----:- ~ "'-:-:-18~ oeed W.' . I~. t1" Meo6. 11""0 N 1~S fJll r,. I' . . :-:x.h1b1 t 11 PROpO.3':[I ~!.I'.~~ .rJ~Jj --. "-.-'-"~ Exhibit D PARKING AND SALES LAYOUT . ........... t.~."&"-"'''''' . . t::"" -'......i:h~ -.. SCHOELL & MADSON, INC. ENGINEERS · SURVEYORS · PLANNERS SOIL TESTING" [812] 548-7801 .10550 WAYZATA BLVD. · MINNETONKA. MN 55343-54B2 Ma rch 8, 1988 Orr-Schelen-Mayeron 2021 East Hennepin Ave., #238 Minneapolis, MN 55413 Attention: Mr. Jim Norton, P.E. Shorewood City Engineer Subject: Drainage Calculations for Placement of Bituminous Parking Area over Existing Parking Area Moore's Auto Sales, Shorewood, MN Dear Jim: Enclosed are drainage in the City of Shorewood. pavement over that portion attached sketch. calculations for Moore's Auto Sales on Smithtown Road Mr. Wayne Warnke is intending to place bituminous of the existing gravel parking area as shown on the The existing parking area has a gravel surface which is 1-1/2" clear rock. The calculations for placing bituminous surface over the proposed area are as follows: Area to be improved = Runoff Coefficient for 1-1/2" clear rock = Runoff Coefficient for bituminous = Intensity (10 yr. 20 min.) Existing Runoff 0.14 acres x 0.5 x 4.2 = 0.29 cfs 0.14 acres 0.5 0.9 4.2"/hr. Proposed Runoff 0.14 acres x 0.9 x 4.2 = 0.53 cfs AFFIAMA TIVE ACTION · EQUAL OPPOATUNI1 Exhibit E-1 RUNOFF CALCULATIONS Letter from Schoell and Madson dated 8 March 1988 PRopoA SIGN Will BE 4 X a PlV.OD PAINTED MOUNTED DIRECTlV BELOW THE EXISTING MOORES AUTO SIGN (THE MOORES AUTO SIGN ON THE FENCE Will BE REMOVED) aFT. I 1 EXISTING SIGN MOORES AUTO 4fT. .. . ." I'b!;' ~';".:.~:, '~r;;' ..:~~ I'..~ 1 4FT. 24470-SMITHTOWN RD. . . ... . !'.I ~!! ~ wm~~ H;nn~ .. ........ iiiil:i: Ilill!l! ........ :::::::: ml!!!! \i:!,\'! lil1111! \i,\':,! 1 ~[j ~: ~ ~ !111!lll ~mm! ;:::::;: 12FT. .:.:.:-: ... . ........ :.:.:.:. m!:\[! ........ ........ ........ .:.:-:.; ........ . , ........ . . . . . . . . ........ -:.:.;.; . ~ ' :-:- : Ilil@ Exhibit F PROPOSED SIGNAGE . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 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: 27 APRIL 1988 RE: / SHOREWOOD CONVENIENCE/SERVICE CENTER FILE NO.: 405 (88.13) BACKGROUND Marcus Development Corporation. representing YES Properties Partnership. proposes to redevelop the property currently occupied by the Village Pump gas station at 24365 Smithtown Road (see Site Location map - Exhibit A. attached). As you recall. last August the same developer proposed a project for the same site. Since the new proposal is very similar to the previous one. we have attached copies of pertinent staff reports. dated 29 July and 13 August 1987 (copied in yellow). for your review. As you are aware the developer withdrew his request when it become clear that the City would not approve two accesses on County Road 19. As shown on Exhibit B. the new proposal is primarily auto-oriented and includes three auto service bays. gas pumps. an automatic car wash and small convenience grocery store. Unlike the previous proposal the new plan also includes a freestanding convenience food store (fast food). The new proposal is further explained in the applicant's request letter. dated 4 April 1988 (Exhibit C). As proposed the project requires the following approvals from the City: * auto service - conditional use permit (C.U.P.) * motor fuel sales - C.U.P. * car wash - C.U.P. * convenience food - C.U.P. * parking in rear yard - setback variance * relocate nonconforming billboard - variance A Residential Community on Lake Minnetonka's South Shore Ie) Re': Shorewood conveniJlll/ Service Center 27 April 1988 . ISSUES AND ANALYSIS While the new proposal is very similar to'the previous one. both in terms of proposed use and planning issues. it is considered greatly improved. It not only complies more with the City's development regulations. but it also appears to fit the site better. Following are issues which should be addressed in the review of the development proposal. A. C.U.P. - Gas Station/Auto Service. Section 1201.21 Subd. 4c. contains 15 criteria for granting a C.U.P. for a gas station and auto service operation. Rather than address each provision herein. the following ones have been highlighted. 1. Architectural Appearance. Elevations of the proposed building are shown on Exhibit D. The exterior will be constructed of decorative concrete block with a 24-inch metal fascia around the top of the building. Given the architectural character of the building to be removed and that of other buildings in the area. including the Public Works garage. the proposed building can only serve to enhance the area. 2. Surfacing. Given the extent of hard surface (buildings and pavement). site grading and drainage plans must be approved by the City Engineer. 3. Perimeter Curbing. The plan illustrates perimeter curbing around all parking and circulation areas. Although the plans do not specify. the Ordinance requires a minimum six-inch. continuous poured concrete curb. 4. Lighting. Prior to final approval of the project. the applicant should be required to submit a lighting plan for the site. The source of each light should not be visible from adjoining residential property or from the street. 5. Pump Islands. Although the site plan appears to indicate that pump islands will be constructed. details are lacking. The applicant should provide a typical elevation of the pump island. showing how the gas pumps will look and how they will be protected. 6. Screening. Screening and landscaping must be provided along the boundaries of any residential district. With one area of exception. the landscape plan shown on Exhibit E is considered quite adequate. Some additional screening should be provided at the southern end of the easterly property line. Since it is important to maintain same roam for snow storage. it may be desirable to construct a four foot fence along the property line. perhaps 50 feet long. starting from the southeast corner of the site. - 2 - Re: Shorewood Service Center 27 April 1988 convenitlte/ . 7. Access. Proposed access to the site has been greatly improved. Although there are still three curb cuts. only one directly accesses County Road 19. The northerly driveway on Country Club Road serves the upper level of the site. while the southerly drive serves the lower level. The developer's architect appears to have satisfied the concerns of the City Engineer as well as the Hennepin County Engineer. Prior to issuance of a building permit the applicant must obtain a driveway access permit from Hennepin County. 8. Signage. The new request does not include a signage plan. As with the previous request. the City may wish to consider granting a conditional use permit for multiple signage. particularly in view of the number of uses on the site. It is recommended that signage be limited to one sign per use. Total sign area for the site should not exceed 10% of the silhouette area of the buildings as they are viewed from the street. Being familiar with the applicant's existing facilities on Highway 7. it is important that he be aware of Shorewood's restrictions on temporary signs. Temporary signs are limited. by permit. to display for seven days at a time. twice a year. The 32 square-foot size limitation precludes the use of such attention-getting devices as inflatable oil cans. etc. In this light. the applicant may wish to incorporate a changeable messageboard on his freestanding sign. in order to advertize weekly and monthly specials. 9. Outdoor Storage or Display. The applicant's plans do not indicate any outdoor storage or display areas. It seems typical. however. for auto service businesses to want to display merchandise such as portable tire racks. etc. Given the activity already proposed for the site. such exterior display is not recommended. If the applicant anticipates any outdoor storage such as used tires or car parts. vehicles waiting for parts. etc.. a fenced-in enclosure should be provided on the site plan for such use. Also. a screened trash enclosure should be provided behind the buildings. B. C.U.P. - Car Wash. The requirements contained in Section 1201.21 Subd. 4b. are virtually the same as the requirements for gas stations. Given the amount of circulation area on the site. and the fact that the car wash is somewhat incidential to the gas and service operations. stacking space is considered adequate. C. C.U.P. - Convenience Food. The conditions listed for convenience food establishments are primarily the same as those listed for car wash and gas station. While plans for the buildings lack detail. it is apparent that no provision has been made for any kind of drive-up window. nor does there appear to be adequate room for one. This is not required. however. more often than not fast food restaurants seem to include such a feature. The conditional use permit should state that it is not anticipated that drive-up service will be provided in the future. - 3 - R~: Shorewood Service Center 27 April 1988 convenAe/ . D. Setback Variance. The previous proposal required several setback variances. The current site plan requires only one. They have observed the setbacks for both buildings and parking except at the rear of the site. There they have requested a 35 foot variance for parking and circulation. Given the topography and relative shallowness of the site. the variance request appears to have merit. To some degree the area given up as green space can be considered a trade off in exchange for the 17 feet of right-of-way the City needs along Country Club Road. It is felt that the City's use of property immediately south of the subject site reduces the need for the required 50 foot buffer. Also. the proposed landscaping on the site and the public works garage effectively screen the site from residential property to the south. E. Nonconforming Billboards. The site is currently occupied by two billboard signs which exist as nonconforming uses. The one mounted on the existing building has a short time left on its lease and the applicant has reached an agreement with the sign company to remove it. The freestanding billboard in the northeast corner of the site has a much longer lease and the sign company has only agreed to relocate it on the site. Simply leaving the sign in its current location is already considered a variance. This may be justified due to the number of nonconformities being eliminated on the site. It is suggested that the conditional use permit specifically state that the sign can only be relocated (as opposed to being completely rebuilt). and that it must be removed at the end of its current lease. F. Country Club Road R.O.W. The right-of-way for Country Club Road is inadequate in width (33 feet). As a condition of approval of the C.O.P.s and the rear yard setback variance the City should require dedication of additional r.o.w. by the applicant. Seventeen feet would bring the r.o.w. width up to the requirement for a local street. G. Parking. The number of spaces provided is more than adequate for the gas station. car wash and convenience grocery. Since the developer does not have a specific tenant lined up for the fast food building. it is not possible to calculate the number of required spaces at this time. This being the case. the most that can be done relative to the restaurant is to grant conceptual approval. Based upon the following calculations there will be 30 spaces available for use by the restaurant. This means that the restaurant must be designed so that it needs no more than 30 spaces. It is important that the developer understand that parking may limit the size of the building. - 4 - Re: Shorewood conve~ce/ Service Center 27 April 1988 . convenience grocery and service area - one space for every 200 square feet of net area - 34' x 50' = 1700 sq. ft. - 10%= 1530 sq. ft. = 8 spaces required gas station - four spaces plus two per service bay - 10 spaces car wash (with motor fuel station) - 0 spaces in addition to those required for the gas station convenience food restaurant - dining - one space per 40 sq. ft. = ? kitchen - one space per 80 sq. ft. = ? fast food - one space per 15 sq. ft. = ? total required spaces* = total proposed space 18 spaces = 48 spaces * without fast food Relative to parking design. it is recommended that curbing be installed at the ends of the seven spaces located immediately south of the County Road 19 driveway. This will help define those spaces. particularly in the winter. H. Grading and Drainage. Although the new plan fits the subject site considerably better than the previous one. it is anticipated that .considerable site alteration will be required. The City Engineer. in his previous staff report felt that drainage from the subject property can be accommodated by a catch basin south of the site on Country Club Road. Approval of the project should be contingent upon his review and approval. I. Water. In his previous report the City Engineer mentioned that the existing water line serving City property cuts through the middle of the site. As you may know the City does not have an easement for that water line. The developer shows a rerouting of the line around the east side of the site. While the City may require an easement for the new line. the rerouting will undoubtedly involve some City expense. RECOMMENDATION While the previous plan represented a great improvement, to the site. the developer's new architect should be commended for addressing critical concerns the City had with the development of the site. Based upon the preceding analysis it is recommended that the staff prepare a detailed resolution approving the necessary conditional use permits and variances. The City Attorney should also address the possibility of requiring a development agreement relative to removal of the nonconforming billboard at the end of its current lease. Prior. to formal adoption of the resolution. the City Engineer should comment on grading and drainage. cc: Dan Vogt Glenn Froberg Jim Norton Mark Senn Don Hustad - 5 - 2' 10' - ~~J ~ . .J7- at -Ii : ~:J CJ) loa' ~ I\a J>d Iz - '~ ~o'~L~ '" r: ~. =..,I ~ I:i t\t I\a ~ ,,0. . .6- ~ ~ -r:l1'~ y-I ""A.. ~ I I 11:> ~ . 1- ',--, \1 ~ .~~ I~ ~ v" ..'"' I~ ~ -.....- \.- r_ ,..,~ r-..... --- \C\ -- ~ .:::/ -:-..~. S'f~ ~ ~ U) AI t;; -!> o z u ~ \,G\ 7 ~s . . , ~ ~ ......- ~ 1 ~ ~ '0 \" '-L ~ ': \~ '~ .~'tT \,~ .... "'"- .) ':" .... ....l.,..... ~/:' ',:- . / ....~ .. .....: ;:.~ .... - ~\;2~ "" ail i ~.:J a..t> .... /./ -" ./ C n '?. .~" ..,.-. . , \.:"'", :J .:> .:" "'S.' 0, ." ~ 0....- :r ,..~. u III "$1 ."\ -1'-;-, ""- ~ .:'" '!I ;c1 :t "':""_~:: ...~--~... ....-- ... ~ '" .... C'S ~" . ... .:: f2'1 ....,j 3.~Oi#1.l1. -.._~_": . . - ':1\ ......,., 'l.n.t11' ;; , -....: '-1Jl: ..... .. , -<IVI') . /,....) .- \'..".~:: 0: ~; g~o> f..". I ~"'...yAJ ! ," .... ; \..... l ... z o H <~ U +'0 'rl ~ .a :a~ MH rx:ltl) ~ -- ii :II =_" ::tc:::; :r:r:r::r ~ -I!!i;: :: =--- . ~~ i --; i~ w! 1=5 I! =1 a1. I.... ;; E=-:Oj!5 -i =!I! I: I., :...... ~ ~. . \ I ~ III UI v % .. 7- UI .... z i ~ v ~.;~ ~ .. ~ ". . ~ Exhibit B 81 TE PLAN ~ 1 pj z I ~ < o U) z < . q..J ~ ~-~ 0. .-.. :. ::.~.' ... ~ '.- -"!" . ":':i ~: ~ .......-.,. . '.. * . " , . .. . ...;... ---.:.:......'. MARPUS . Real Estate Development CORPORATION . April 4, 1988 Mr. Brad Nielsen City Planner 5755 Country Club Road Shorewood, MN. 55331 Re: Village pump Site Proposal Dear Brad: We are proposing to demolish the existing Village Pump structures and remove all underground tanks, etc. and develop on the site a new concept Auto Service Center including a gas/convenience (food, etc.) operation, three (3) service bays and an automatic car wash. In addition we'll be developing a second building which will house a Food Service operation. The site presents many challenges given its location on a key intersection and the severe topography of the site. In our plan we have attempted to be extremely sensitive to asthetics, topography and traffic movements. Given that the use is auto related, we are thus applying and asking for approval of a Conditional Use Permit for the proposed use on the site. In addition, given the severe hardship the site presents in relation to topography and traffic movement, we are requesting a variance. The variance involves the parking set-back from the rear property line. Given the City garage and, the Municipal Complex abutting this site we felt if a parking variance was necessary this would be most preferable. We can provide heavy landscaping as a buffer. Initially this landscaping is as important to us until improvements are made around the City garage. Exhibit C-1 APPLICANT'S REQUEST LETTER Dated 4 April 1988 10 Water Street. Excelsior MN 55331 . (612) 474-2363 . . Mr. Brad Nielsen April 4, 1988 Page Two Other than this variance, we have tried to meet if not exceed other minimums. The last and probably most sensitive issue our proposal suggests relates to the Naegle signs on the site. In our negotiations with the land owner and with Naegle Outdoor Advertising, we were only partially successful. We started from the preference that we didn't want ei ther of the two sign structures to remain. Uhfortun~tely the land owner has a binding lease which transfers upon sale. The lease is not cancelable by the land owner or the buyer for any reasons including redevelopment. When we found this out we cancelled the deal. After reconsidering and going directly to Naegle Outdoor to attempt to negotiate an out, we were able to achieve a partial solution. Naegle Outdoor has agreed to eliminate the sign mounted to the building and cancel the lease on said sign. We were, however, unable to get them to agree to cancel the freestanding sign lease. As a compromise, pending all necessary approvals, Naegle Outdoor has agreed they'd relocate the existing sign on the easterly portion of the property to a point which would not quite so severly impact the project, its esthetics, etc. The sign could stay where it is, however, at its current location it sticks out like a sore thumb and would negate welcomed visual effects created by the new development from the east. Wi th a minor relocation both us and the City could better treat this sore thumb, thus dramatically improving the esthetics of the site and the area in general. In that we cannot get out of the lease and would still like to proceed with the much needed redevelopment of the corner, we would like to request the City's indulgence and would hope they can see their way clear to allow relocation of the sign. We would hope the City would agree that if the sign must stay its effects can be better minimized by its relocation. The result is a much better community presence for our new project. Exhibit C-2 . . Mr. Brad Nielsen April 4, 1988 Page Three We sincerely hope that the City can share in our design. We feel we I veexhausted all alternatives to present the best project possible given the site constraints produced by topography, traffic flow, visual sensi ti vi ty, and etc., and the input from the City Staff, Planning Commission and Council on our initial submittal. Two recently completed examples of projects that we developed and own are in close proximity. Both projects demonstrate our sensitivity to good design and municipal concerns. One project is on Highway 7 just west of Williston Road. In this project we gutted and redeveloped an old concrete block building and leased it to Chalet Ski and Patio. The building is a vast improvement from its previous condition when we purchased it. In conjunction with redevelopment of the Chalet Building, we developed a new Goodyear Center on the site which has received very positive comments from the City of Minnetonka and the general public. A second project involves the rehabilitation of an old concrete block service station on the NE corner of Excelsior Blvd. (County Road 3) and Baker Road in Minnetonka. The building again presents a vast improvement and is occupied by an Express Lube operation. I would invite you to view either or both of these projects. We feel our redevelopment of the Village Pump site will greatly enhance this key corner in Shorewood. We can that the City will agree with what we is a responsible design and Mark O. Senn President MOS/dcg Exhibit C-3 . ii' ( I I ' I l::. =.:: :: n[ I I f'~ ~ I I Li~ ~ I I t r '" I I ~ I I I I I F -: I I I I I I I I I I I F I I U f ~ - ~ ~ I i ! I II' ~ ~~ - I, Ii ,I I, . i- f. .. .:' ! 1 i- 1: ~ ~ i ~, f: ' l! " :I tz ~ " ,:! J j ~ . . t t ~ t ~ ~ ,O~ -, . ~ \.i \II i i I :1- ~ 7 L 'al t... \- .. ( r \ I I, I ,111 Iii \ \ 1\ \ , , \ , I , I II,::: Ii ~ " J ~ i' 'j ! I , :, : I .J f I , ,;ii ~ ,I :r ... ~ ~ , I I I" 'I ' ! j ~ ~ II! Ii I ;i,' i , - ill, " I .., fo- .- -~ tl ..I t ~ ~ % L I~ . i----- -~ '0 - (l U .. ::2 U t u c.: " .". a u (J - u c.: ::2 U ::2 u ... .". ::2 C t C C , c ... u e ~ Exh1.b1t D BUILDING ELEVATIONS '\ ~ :"1 ,toe. '*~.t\~ 11\'" 'If,," " , .. . 'I 111 .llln1lj fUUfil I} ttM i lit I I i I I ~."- ~.~ i #,- ~~, . I , I ~-.... ",- ..' . Il~ ~ ~l I ":'1 mm t!' I .E!I" ami ill' 'I. I', i I'i i Wi ~h I ,III iJg '" , ~.!I'IG.CIIJ D In' . "t, "I it n' hq L1! DII! D 19! ,illl ,:';1 -"-.. . \ ,.' <d " ; -. ". I ,I . ~.. _",,:.J,;.1I. \ po,. -' / , , ' , '- Exhibit E LAND SCAPE PLAN , " I , . , 1 . MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 JULY 1987 RE: AMOCO SERVICE CENTER - C.U.P. FOR GAS STATION AND CAR WASH/ SETBACK VARIANCES FILE NO.: 405 (87.37) BACKGROUND Marcus Development Corporation. representing YES Properties Partnership. proposes to redevelop the property currently occupied by the Village Pump gas station at 24365 Smithtown Road (see Site Location map - Exhibit A. attached). As explained in their request letter. dated 16 July 1987 (see Exhibit B. attached). they propose to tear down the existing building and replace it with a new Amoco Service Center including motor fuel sales. convenience grocery store. auto service bays and an automatic car wash. The proposal involves a number of actions on the part of the City. The gas station and auto service elements of the project require conditional use permits. as does the car wash. They have also requested setback variances for the overhead canopy in the front of the site and for parking at the rear of the site. They have also requested a variance which would allow them to relocate one of the nonconforming billboards currently located on the site. The property consists of two parcels which are zoned C-3. General Commercial. Together. the lots have 330 feet of frontage along Smithtown Road and 226 feet of frontage along Country Club Road. Total lot area is 72.030 square feet. Zoning and land use surrounding the site are as follows: North: East: South: West: liquor store and shopping center located in Tonka Bay. zoned commercial. auto sales lot. zoned C-3. Shorewood Public Works Department and City Hall. zoned R-1C. Single-family residential. country club and golf course. zoned R-1A. Single-family residential. A Residential Community on Lake Minnetonka's South Shore R8: Amoco Service Cent C.U.P. and variances 29 July 1987 . The proposed site plan for the service center is shown on Exhibit C. The proposed building contains 5154 square f~et of floor space. The overhead canopy measures 40' x 56'. ISSUES AND ANALYSIS Over the past few years the Village Pump property has increasingly become a problem in terms of zoning requirements and maintenance. In this regard, the proposed redevelopment of the site should be welcomed by the City. Having reviewed the applicant's plans and pertinent sections of the Shorewood Zoning Ordinance, the following issues are raised. A. C.U.P. - Gas Station/Auto Service. Section 200.21 Subd. 4c. contains 15 criteria for granting a C.U.P. for a gas station and auto service operation. Rather than address each provision herein, the following ones have been highlighted. 1. Architectural Appearance. Elevations of the proposed building are shown on Exhibit D. The exterior will be constructed of decorative concrete block with a 30-inch metal fascia around the top of the building. Given the architectural character of the building to be removed and that of other buildings in the area, including the Public Works garage, the proposed building can only serve to enhance the area. 2. Surfacing. Nearly 72 percent of the site will be covered with hard surface - either buildings or bituminous parking and circulation areas. Given the extent of hard surface, site grading and drainage plans must be approved by the City Engineer. 3. Perimeter Curbing. The plan illustrates perimeter curbing around all parking and circulation areas. Although the plans do not specify, the Ordinance requires a minimum six-inch continuous, poured concrete cu rb . 4. Lighting. The applicant shows a proposed light fixture (see Exhibit E), but does not show how many fixtures or where they will be located. Prior to final approval of the project, the applicant should be required to submit a lighting plan for the site. The source of each light should not be visible from adjoining residential property or from the street. 5. Pump Islands. Although the site plan appears to indicate that pump islands will be constructed, details are lacking. The applicant should provide a typical elevation of the pump island, showing how the gas pumps will look and how they will be protected. - 2 - R'e: Amoco Service ce* C.U.P. and variances 29 July 1987 . 6. Screening. Screening and landscaping must be provided along the boundaries of any residential district. Although the south side of the site abuts the City's Public Works Department. proposed landscaping along that border is considered inadequate. particularly if the Public Works Department ultimately moves from that location. The proposed landscape plan is shown on Exhibit F. 7. Access Points. The plans show three ingress/egress points for the facility. Two are located on Smithtown Road (Co. Rd. 19). and one is on Country Club Road. The number and spacing of these curb cuts are consistent with our zoning requirements. Prior to final approval of the C.U.P.. site access should be approved by the City Engineer as well as the Hennepin County Engineer. It is worth mentioning that the proposed defined access points greatly improve the wide open condition which currently exists on the site. 8. Signage. Proposed signage is shown on Exhibits D and G. While the proposed area of signage complies with Section 200.03 Subd. 11e.(3)(a). the number of proposed signs (9) far exceeds the limit of three imposed by the Ordinance. While it may be reasonable to grant . a C.U.P. for additional signs due to the multiple uses on the site. the number of signs is still considered excessive. It is recommended that signage be limited to one sign per use (i.e. one Amoco sign on the canopy. one food shop sign. one certicare sign and one car wash sign) in addition to the freestanding pylon sign. The applicant should redesign his signage plan to best take advantage of traffic coming down County Road 19 from the north and across County Road 19 from the east. Signage oriented to Country Club Road is considered unnecssary because people using those streets as they leave in the morning will see the other signs oriented toward County Road 19 as they come home in the evening. Being familiar with the applicant's existing facilities on Highway 7. it is important that he be aware of Shorewood's restrictions on temporary signs. Temporary signs are limited. by permit. to display for seven days at a time. twice a year. The 32 square-foot size limitation precludes the use of such attention-getting devices as inflatable oil cans. etc. In this light. the applicant may wish to incorporate a changeable messageboard on his freestanding sign. in order to advertize weekly and monthly specials. 9. Outdoor Stora~e or Display. The applicant's plans do not indicate any outdoor storage or display areas. It seems typical. however. for auto service businesses to want to display merchandise such as portable tire racks. etc. Given the activity already proposed for the site. such exterior display is not recommended. If the applicant anticipates any outdoor storage such as used tires or car parts. vehicles waiting for parts. etc.. a fenced-in enclosure should be provided on the site plan for such use. - 3 - Re: Amoco Service ceIPr C.U.P. and variances 29 July 1987 . B. C.U.P. - Car Wash. The requirements contained in Section 200.21 Subd. 4b. are virtually the same as the requirements for gas stations. Given the amount of circulation area on the site. and the fact that the car wash is somewhat incidental to the gas and service operations. stacking space is considered adequate. C. Setback Variances. The applicant has requested a 14-foot variance for the overhead canopy in the front and a 33-foot variance for parking area in the rear. Although a variance has not been requested. the paved surface in front of the gas pumps also encroaches 10 feet into the required setback. Given the proximity to the City Hall property. whether it is Public Works garage or parking area. the rear yard setback variance is not considered unreasonable. particularly since the area can be buffered with additional landscaping. Given the City's recent attempts to create some green space in front of commercial properties. the front yard setback variances are not considered appropriate. The 1S-foot requirement for paving and the 30-foot requirement for structures is already considered to be mimimal. Reduction of those setbacks is not recommended. The applicant should be directed to redesign the gas pump and canopy area to comply with the required setbacks. D. Nonconformin~ Billboards. The site is currently occupied by two billboard signs which exist as nonconforming uses. The one mounted on the existing building has a short time left on its lease and the applicant has reached an agreement with the sign company to remove it. The freestanding billboard in the northeast corner of the site has a much longer lease and the sign company has only agreed to relocate it on the site. Simply leaving the sign in its current location is already considered a variance. While this may be justified due to the number of nonconformities being eliminated on the site. allowing the sign to be taken down and relocated is not advised. The applicant should be urged to continue negotiating with the sign company for removal of the sign. E. Country Club Road R.O.W. The right-of-way for Country Club Road is inadequate in width (33 feet). As a condition of approval of the C.U.P.s and the rear yard setback variance the City should require dedication of additional r.o.w. by the applicant. Seventeen feet would bring the r.o.w. width up to the requirement for a local street. It is recommended that the applicant be relieved of 17 feet of the side yard setback so as not to adversely affect his site plan. The westerly driveway on Smithtown Road should be moved to the east 17 feet so as to maintain a 60 foot space between it and the new corner. The freestanding sign will also have to be moved to maintain a five-foot setback from all property lines. F. Parkin~. With the exception of the rear yard setback. the number of parking spaces and size and design of stalls and circulation meet or exceed Shorewood's zoning requirements. The number of spaces has been calculated as follows: - 4 - Re: Amoco Service cet. C.U.P. and variances 29 July 1987 . - convenience grocery and service area - one space for ever 200 square feet of net area - 26' ~ 77' = 2002 sq. ft. - 10% = 1802 sq. ft. = 9 spaces required - gas station - four spaces plus two per service bay = 12 spaces car wash (with motor fuel station) - 0 spaces in addition to those required for the gas station - total required spaces = 21 spaces - total proposed spaces - 27 spaces G. Grading and Drainap;e. It has already been suggested that the City Engineer review and comment on the proposed drainage for the site. It should also be realized that a considerable amount of fill is proposed in order to make use of the rear part of the site. The City Engineer's comments should also address proposed grading. RECOMMENDATION The proposed redevelopment of the property in question has been long awaited and should prove to be a drastic improvement to the area in which it is located. There are a number of issues raised herein. however. which need to be resolved prior to final approval of the project. So as to convey a positive reaction to the applicant's proposal. it is recommended that his plans be given conceptual approval at this time. He should be directed to submit revised plans incorporating the recommendations contained in this report. plus any additional requirements the Planning Commission may suggest. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Senn - 5 - ... ","" I ~ ' I u l"'\. l"') I ;t (~I) --(l~~~j ~ ~ III '24/fi.7i ~\ sa I I. . (~z,) . \-- ZZo.lZ \It. . '. I" -/-) ; IINJ ~ . .6 ~'\.) -' . ,,Li .. I'f) ~. -I; .,.. .- ~ ~ ~ .... o ..J u", Ut..18 Nd \ ... tJo~f\ I ,.... &00 13 6&JbjuJ ~i\~ OJ ,.~:) !."~:..i ....,. , ....:.., [,.... '-.... A., " ~.... // I~~ .'{' 0 ~"-1..4'lZ~.. r",,:' Q~ ....- " v lIt. N" b ..I .,1~ ( "f):; ~ ~6~ ~ , Vj" \ i\t) \ A LY!I. I Exhibit A (SITE LOCATION Amoco Service Station MARCUS Real Estate Development CORPORATION . . July 16, 1987 Mr. Brad Nielsen City Planner 5755 Country Club Road Shorewood, MN 55331 Re: Village Pump Site Proposal Dear Brad: We are proposing to demolish the existing Village Pump structures and remove all underground tanks, etc. and develop on the site a new concept AMOCO Service Center including a gas/convenience (food, etc.) operation, four (4) service bays and an automatic car wash. The site presents many challenges given its location on a key intersection and the severe topography of the site. In our plan we have attempted to be extremely sensi ti ve to asthetics, topography, traffic movements, providing a visual opening to the Municipal (City) Complex to the rear of our site, etc. Given that the use is auto related, we are thus applying and asking for approval of a Conditional Use Permit for the proposed use on the site. In addition, given the severe hardship the site presents in relation to topography and traffic movement, we are requesting two variances. The first is foe the canopy over the gas islands. Given the site restrictions it is impossible to meet set-back requirements from County Road 19 with the overhead portion of the canopy. In our design we have made certain that all the structural elements of the canopy and the gasoline islands meet set-back requirements, however, after considering dozens of options, the only workable solutions involve overhead penetration into the set-back area. The second variance involves the parking set-back from the rear property line. Given the City garage and the Municipal Complex abutting this site we felt if a parking variance was necessary this would be most preferable. We can provide heavy landscaping as a buffer. Ini tially this landscaping is as important to us until improvements are made around the City garage. 10 Water Street. Excelsior MN 55331 . I Exhibit B-1 APPLICANT'S REQUEST LETTER Dated 16 July 1987 . . Mr. Brad Nielsen July 16, 1987 Page Two Other than these variances we have tried to meet if not exceed other minimums. As we understand the City ordinances and codes, the County Road 19 side would require a parking set-back of 15 feet. We have designed the project in such a manor that we meet the minimum 5 foot set-back for pavement and also the 15 foot set-back for parking. The parking for the gasoline island remains outside the 15 foot set-back. The last and probably most sensi ti ve issue our proposal suggests relates to the Naegle signs on the site. In our negotiations with the land owner and with Nae"gle Outdoor Advertising, we were only partially successful. We started from the preference that we didn't want either of the two sign structures to remain. Unfortunately the land owner has a binding lease which transfers upon sale. The lease is not cancelable by the land owner or the buyer for any reasons including redevelopment. When we found this out we cancelled the deal. After reconsidering and going directly to Naegle Outdoor to attempt to negotiate an out, we were able to achieve a partial solution. Naegle Outdoor has agreed to eliminate the sign mounted to the building and cancel the lease on said sign. We were, however, unable to get them to agree to cancel the freestanding sign lease. As a compromise, pending all necessary approvals, Naegle Outdoor has agreed they'd relocate the existing sign on the easterly portion of the property to a point which would not quite so severly impact the project, its esthetics, etc. The sign could stay where it is, however, at its current location it sticks out like a sore thumb and would negate welcomed visual effects created by the new development from the east. With a minor relocation both us and the City could better treat this sore thumb, thus dramatically improving the esthetics of the site and the area in general. In that we cannot get out of the lease and would still like to proceed with the much needed redevelopment of the corner, we would like to request the City's indulgence and would hope they can see their way clear to allow relocation of the sign. We would hope the City would agree that if the sign must stay its effects can be better minimized by its relocation. The result is a much better community presence for our new project. Exhibit B-2 . . Mr. Brad Nielsen July 16, 1987 Page Three We sincerely hope that the City can share in our design. We feel we' ve exhausted all al ternati ves to present the best project possible given the site constraints produced by topography, traffic flow, visual sensitivity, and etc. Two recently completed examples of projects that we developed and own are in close proximity. Both projects demonstrate our sensi ti vi ty to good design and municipal concerns. One project is on Highway 7 just west of Williston Road. In this project we gutted and redeveloped an old concrete block building and leased it to Chalet Ski and Patio. The building is a vast improvement from its previous condition when we purchased it. In conjunction wi th redevelopment of the Chalet Building, we developed a new Goodyear Center on the site which has received very positive comments from the City of Minnetonka and the general public. A second project involves the rehabilitation of an old concrete block service station on the NE corner of Excelsior Bl vd. (County Road 3) and Baker Road in Minnetonka. The building again presents a vast improvement and is occupied by an Express Lube operation. I would invite you to view either or both of these projects. We feel our redevelopment of the Village Pump site will greatly enhance this key corner in Shorewood. We can only hope that the City will agree with what we sincerely believe is a responsible design and development. S);:::t~ Mark O. Senn President MOS:scr Exhibit B-3 ci a: CD :J -oJ o . > a: .... z :J o o e) . ' III 8 8 8 z o ., ci "to ~ r I I 8 III ..._ !"'-r I I I Li- e) OEvaOPEQ ENGl' o:Q ~o. tlO. ~'9 _ "'~6\/~4 _- -~=;-( - ---:_/_ 91.&1; t" AO ~ - -. _~___"':1'..___ ,. -,-- .----- -- LOT A~A CO. -- Cl.RQENT ZONING --.- _~f:__- ...-- -- aJlLOING A~A "'.~ _ - - ---' 160 A3' } 4'" tl . .- 232.'~__-- - .- - ----- - r. ~ -}r T" .. r- '1 .lo----K:!'--J I I I I I I I I I III 8 18 II z lit II) eO C\I C\I LAI\()SCAPE A~A PA0::ING PQOVIOEO I _.____ ..L.__.__._~r.. I I [I] ..-~11-r- ~/ .i \ \ \ \ \ \ '\ \ .'~J.r' \ , \ \ \ .L.~-- L--\ " '. L-~-~~ . ~-- \'1~::::~" ~ 6 .._~ . -- _ 330. ' :;--- -- - - ---- - - - --"---r _--:::.=-~-r . --"- -.--.-. MAQCUS COQPOI2A TION FOQ Y,e.s. ~T1es PAQT1\EQSI-IIP 10 WATEQ sTQEET excaSIOQ. ~ 55331 (612) 474-2363 NOQ'f1.4 sT Arl ENGtl'lEErllNG CONSlL T ANTS. INC. 3025 ~Al2BOQ LANE N.. SUiTe 104 Pl. YMQU'fI.4. ~ 55441 (612) 559.3642 72.029,70 SF. ~ G-"'~ 5.154 SF, 20.500 SF.. 28.4' 27 SPACES PQOVIOED .. ~o,1~ ( ""~' I~ C'f1 ,'I,(.J. 1.8-81 ---1 . ~ Exhibit C E ~ ~ PROPOSEn SITE PLAN - B...; ';" . 3.:': C.:..:.::' ~;.:.. ...."" _ ::::-. . . '1 I I ~ I I , I T .fr. ., t () .' .~ ~ ~ ~ -' ~ , 'iii,' : 11 "b~'l ~ ~ t;;i I : S I Ii! i ~ "I !f'1'. I ~ I i" .w r: .. _ Ii: I I I . "t-.~ I" !,! lOt i I ' i . ~ inl : : I ll.JL~ I ! ,,--.J ! I :; IIR .. llh ~ iliBI' /~,:': I]: · I : , I I , .-L..J , r! i ~ !ill :: . ,. .~ ..' Ii' II', '....':. ." .:::;, '~hit'!.! ::. ':';~'I': 11::;1 ~ I ...; 1'1 :;: "I,II'!1 . ~ , l.. ,o.z, r--r-~ ~ ~ .,. ~I ~'I , I ' I ~l t-I . I 't.,! I , I : v' I, t :':. I I I L~1t .. ""!"- tilL ~~ ... .... Ef lI.1 ~l' !l~ ~Il J' ii j~ ~ li:I:; trr. :i t~~~ ~.~~~~ ; "It't~ ''''!~.r::'' (i' ~("i- G" t .. t:-~ lL ~ .. \. Ii ,. Il\ e ~ " .. ~C'~~ 11 ~!. ~, ., ... _ \'to tt' 1-- 1 na i1 ~h~ ~ ~ ~~~t f ~ :- f Exhibit DELEVATIONS BUILDING -~ I ~ SQUARE POLE BLACK ENAMEL TAPERED LIGHT POLE BASE 21-6" SQ. FOOTING AREA LIGHT FIXTURE Exh"ibit E PROPOSED LIGHT FIXTURE ....., -... ~....,-~ 'f-'''''' ".~...;.;::-:._'. . - ~ -, jij ~~I' - "~ ~ ~ ~ lor! iol G ~ ; i! I~ . . ~ o - i ~ l- . ~ n !I. . 5 ~8 Ii i~~" '" = ~ ~t ~ I 2 ~ ; ~ I a. Z Ii. · ~ I ~ i8 ;~ i!1 ~ I ~ I~~ ( I ~ ~ ~ !II ~ ~~;~ ij~~ ~ - ~ B I I ~~ilin Iil ,z .. I ~ ol! 8 i~.~ ~~S > I I' · I I a ~ ~ ~ . ~ ~~ · ~~~~ SS~ ~ pi~'~'1 <l <( · ~ i · ~ t- ~ en ~ ~ m ~ ~~!r d w j!U Ii 0 i ! ~i~ ~ W~m ;~~ 9 .ld!iL (!) z I I ~d r !fi& ~~; a ~ ~n ~,! n z ~ ~ ~ '<I I >~Rll M ~ <l ~ ~ !~~ ~ i~;i ~~i S rr <( m Z . ;1 ; ;11 ! !~n biai :J ~ hhl; ~ (f) OJ 'I ~ Ig~ i ~hu I~~ n w w 8nuh ~ ~ ! ~h ! iii! !~! !i ~ z <( (fl "It (fl "It "It (fl :J .,., N (fl I I 101 i --.J i I I I \., ",.... \ . _.:.... 'of' ~__.... . -- .,..... l,~ "'11:""- . I. ~_ ' . . ' . ,'.- \ \ \ ;;:t~ \ ~ , r-'~ \ --;:;;- ~ ~ ' .'" " '/"~ ......'~ ~.:...I"'..... \ , " \ ' .~' __ ~~ k ...... \1 \, .... ~ .-.... ~- \ . - ,. ." /.. ..... . \ -.' ,.. .,.: - . \ y/ P -".. \ ~~ \ ~~i' , \y~'. ~....... - ~..," :~ ,,': :' ' _ . \ 'b "..', . 0 . ~ . ~ ~~ .r -- . --~ ~,"'/ .s/ ~ 00 - - . .80 000 N .ol'8U " oCt:i Bn'~ 4 At:i.LNnO~ . ...."..-" lo. \ \ . ~1;1tf"': ' .. -;..... ";..': :'.~. ~ .....-:~--:4" . .,oil - ..... ; . .; cr.; ..: . ~j Ift- . . .~ " . " . ,,9-,9 ,en IN ]~ () 151 ,en i J! a~ . "Z-,Z ,9 .;._-; ~., ~'). '. r. CI': .,:-. . .0:: ...... . 10 ~ , '::;,-,:;~?;~{~~F;z:j~ .,t1:N:..::~ .~- - . ..', ,. r .:-:' . ........ . .. / . . epo:>> I.'. 9 :>> Jed elq8IJ.,~' .. .~ tI.l s:: .r-! "tl s:: CO ol-I CIl <1l <1l 1-1 C""' "tl ol-I <1l .r-! CIl ~ 0 ..c 0 ~ 1-1 rz:Ip.. - !!! N - . (e . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 13 AUGUST 1987 RE: AMOCO SERVICE CENTER - C.U.P.s AND VARIANCES FILE NO.: 405 (87.37) The above-referenced request was tabled at the 4 August Planning Commission meeting pending review of grading. drainage and utilities by the City Engineer. and further study of the site plan with respect to front yard setback requirements. The applicant was also asked to revise his plans for signage on the site. The City Engineer has reviewed the plans and will send a written report under separate cover. From an engineering perspective he mentions nothing which would preclude the development from being approved. He does. however. agree that the westerly curb cut on Smithtown Road should be eliminated to avoid traffic congestion and potential hazards so near the intersection. Relative to site design. I've met with the developer and his engineer to discuss possible alternatives to the proposed design. They insist that the proposed design is the only one that works. So as to eliminate the need for a variance for the canopy they propose to cut it off at the setback line. leaving the outside pumps uncovered. They may pursue a Zoning Ordinance text amendment to reduce the setback requirement for gas station canopies at a later date. This does not. however. eliminate the need for a variance for the paved surface in front of the site. As desirable as it may be to get the property in question redeveloped. the City must be concerned with granting a variance which will greatly reduce the green space in front of the building. With the adoption of the current Zoning Ordinance the City has attempted to change the image of "wall to wall" development of commercial sites. It must be remembered that a 33 foot variance is already being considered on the south side of the site. Based upon these concerns it is felt that further discussion of this matter is warranted. A Residential Community on Lake Minnetonka's South Shore " . . .. Re: Amoco Service Center 13 August 1987 Relative to signage. the applicant has agreed to reduce the number of signs on the site. Basically. he proposes to limit the number of signs to one each for the food shop and car wash. The canopy would display an Amoco sign on the east and west sides. The service bays on the west side of the building will be labeled "Certicarell. and the Certicare logo would be displayed in front of the service office. The developer has revised his site plan to accommodate the existing location of the Naegele billboard in the northeast corner of the site. This change is based upon a concern raised relative to moving a nonconforming structure to a different location on the site. This issue has been discussed with the City Attorney. He feels that if the developer is willing to enter into a contract with the City saying that the sign will be removed at the end of its lease. and if it is to the City's advantage to relocate the sign. then the concern over precedent will have been mitigated. Based upon this advice. if the developer desires to move the sign as proposed originally. it may be allowed. This would also allow the easterly curb cut on Smithtown Road to be moved to the east. While we are considerably closer to an acceptable plan of development for the site. any further recommendation from this office will be withheld until the matter has been discussed next Tuesday. If the Planning Commission or City Council has any comments. questions or suggestions relative to this matter. please do not hesitate to contact my office. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Senn - 2 - . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 MAY 1988 RE: SMITHTOWN CIRCLE - DEVELOPMENT AGREEMENT FILE NO.: 405 (86.07) Mr. William Diem proposes to install the street and utilities for the Smithtown Circle plat (see Site Location map - Exhibit A. attached) in conjunction with the construction of the New Apostolic Church which was approved in August 1987. To refresh your memory. the plat for Smithtown Circle was released in 1979. but site improvements were never required. Enclosed is a development agreement prepared by staff to govern the development of the project. The developer has submitted a $1000 escrow to defray City expenses for preparation of the agreement. If you have any questions relative to this matter. please contact my office. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Bill Diem A Residential Community on Lake Minnetonka's South Shore /,;1 ~ - ;~ \' , '" \ I'--.~( I, ~ en ...J LLI Z - <t ...J c o o ~ >- -LLI ...J ...J ~ '- ,.- - , - - r- r, <i ...J LLI ...J ~ >- Z ~ en Mj'^ MO!'13~ - y~ ~II l " '~a " ~ ....; ...J - LLI en o a: Exhibit A SITE LOCATION Smithtown Circle - -- ZN3~0;1 I I I IN'1~~ __~~__^_ ^ I ~_l__ - OJ ----~.-- .~a -------z -------Z <t , I I :IE I I I I I I I , I I I " 71-"r.. ~ .a~! I I I I I I I .... .. ..c ~ ~1~ : r--~'-. _.. I I <i. ...J d-o 0~ ($..0 a i-- f ~ \ 0;:. i u: . O~ Od- ~b <S- 1-0-, o,J1 ~ "'11 A~~3r , . . 5/3/88 CIlY OF SImE.WXD RES IDENI'IAL SUBDIVI SIm DEVEIDRVIENf AGREEMENr SMI'lHIOVN CIRCLE TIllS AGREBVlENl', made this day of , 1988, by and between the CIlY OF SH:Ilm\UD, a Minnesota nnmicipal corporation, hereinafter referred to as the "Ci ty", and~1P\4E :9~ffi'IEN.F ~I<lt, a ~" Minnesota Corporation, hereinafter referred to as the "Developer". ~""" WHEREAS, the Developer has an interest in certain land in Hennepin County, Minnesota, described as Smithtown Circle, hereinafter referred to as the "Subject Property"; and WHEREAS, the City Council by its Resolution No. 34-79, passed on May 7, 1979, has approved the final plat of the subject property; and WHEREAS, the the Developer has made application to the City to be allowed at Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric and telephone service lines to all lots included in the plat approved by the City, all of the foregoing hereinafter referred to as inprovanent s . NlV, 'IlJERER:Jm, in consideration of the mutual covenants and guarantees contained herein, the City and the Developer agree as follows: 1. IMPIUVmm:rs INSTALLED BY DEVEIDPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following inprovanent s: a. Street grading, stabilizing and bituminous surfacing; b. Integral shoe formed bi tuminous curbs and gutters; c. Sanitary sewer mains; d. Storm sewer and surface water drainage facilities; e. Street and traffic control signs; f. Required landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility carpanies pursuant to separate agreements with the Developer. . . 2. STANDARDS OF crNS'IBl.CrKN. Developer agrees that all of the improvements set forth in Paragraph 1 above shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 3. MATERIALS AND I..AOCR. All of the materials to be errployed in the making of said improvements and all of the work perfonned in connection therewith shall be of uni fonnly good and workmanlike qual ity, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the Ci ty at the cost and expense of Developer. 4. SOIEIXJLE OF \\'CRK. The Developer shall subnit a written schedule indicating the proposed progress schedule and order of cmpletion of work covered by this Agreement. It is understood and agreed that the work shall be perfonned in one phase to be fully cmpleted by December 31, 1988. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which wi 11 delay the completion of the work, the City, at its discretion, may extend the dates specified for cmpletion. 5. S':mEETS, SANITARY SEWER, AND S1mVI SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb, gutter, sanitary sewer, and stonn sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Within sixty (60) days after the cmpletion of construction, Developer shall cause its engineer to prepare and file with the City a full set of "as-buil t" plans, including a mylar original and two (2) black line prints, showing the installation of the foregoing facilities within the plat. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, stonn sewer, and surface water drainage facilities within the plat, and thereafter prmptly assign said easements to the Ci ty. d. Pre-existing DTain Tile. All pre-existing drain tile -2- . . disturbed by Developer during construction shall be restored by Developer. 6. STAKINJ, SURVEYINJ.AND INSPECrIrn. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specificat ions, the City will provide for resident inspection. 7. GRADINJ, DRAINAGE, .AND ERJSIrn CXNIroL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the Ci ty Engineer. Said plans shall provide for tenporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting fram construction therein by the Developer, its agents or assignees. 8. STREET SImS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota r&mual on Uni form Traffic OJntrol Devices. 9. AOCESS 10 RESIDm:ES. Developer shall provide reasonable access, including tenporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 10. CXXlJPANCY PERVIITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the streets have been graded and surfaced with class 5-100% crushed material and municipal cIJ7 sanitary sewer lines have been installed and are available to serve the ~ lot for which the building permit has been issued. ~ 11. FINAL INSPECrlrn. Upon cooplet ion of the improvements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer wi 11 make a final inspect ion of the work. When the Ci ty Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 12 . {DINEY.ANCE OF IlVJPIVVEVJENl'S. Upon coop 1 et ion 0 f the ins tall at i on by Developer and approval by the City Engineer of the improvements set forth in Paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall became the property of the City without further notice or action on the part of either party hereto, other -3- . . than acceptance by the City. 13. REPLACEMENr. All work and materials perfonned and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perfonn a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 14. RE8'lrnATICN OF S'ffiEID'S.AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIlVBURSE\mNl' OF CDSTS. The Developer shall reimburse the Ci ty for all costs, including reasonable engineering, legal, plarming and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the perfonnance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 22 below. 16. CIAIM3 Fm \\CRK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected fran the City, unless such work is first ordered in wri ting by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 17. LE1TER OF rnEDIT. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the tenns of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the perfonnance of this Agreement, and that the Developer shall fully cooply with all of the other tenns and provisions of this DeveloIXOOnt Agreement, the Developer agrees to furnish to the Ci ty either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the coopletion of the required improvements. The said deposit or letter of credit may be reduced in amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual improvements. -4- . . 18. LIABILI'IY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to cannencement of construction of the inprovements described in Paragraph 1 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors frem claims arising under the workers' carpensation laws of the State of Minnesota. 19. LAWS, ClIDINANCES, REGJIATICNS AND PERVlITS. Developer shall cmply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before cannencing developnent of the plat. 20. SI'..WER ASSESSVlENTS. The parties acknowledge that sewer equalization charges as provided for by the Shorewood Ci ty Code have been previously assessed against all lots within the plat. 21. PARK FUND PAYMENT. The parties acknowledge that park fund fees as provided for by the Shorewood Ci ty Code have been paid in full. 22. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contenplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Ci ty 0 f Shorewood 5755 Country Club Road Shorewood, lVN 55331 To the Developer: William Diem Py~...l....,<>~1l: RQIRQ R~.",lvr'lu'=aH Ce~o'Sllon 1450 Park:R&8a- ~, Chanhassen, lVN 55317 -5- . . 23. PImF OF TITLE. Developer shall furnish a title OpInIOn addressed to the City issued by the attorney for the Developer. which opinion shall guarantee that Developer in fact has a fee ownership of the subject property and the right to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion. except for the normal process of marketing lots. prior to the completion of the project and the requirements of this Agreement that he shall forthwith notify the City of such change in ownership. 24. DISClAIMER BY CI'lY. It is understood and agreed that the City. the City Cotmcil. and the agents and enployees of the City shall not be personally liable or responsible in any marmer to the Developer. the Developer's contractors or subcontractors. materialmen. laborers. or any other person. finn or corporation whomsoever. for any debt. claim. demand. damages. actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the perfonnance and completion of the work and inprovements hereunder; and that the Developer will save the City. the City Cotmcil. and the agents and enployees of the City hannless fran any and all claims. damages. demands. actions or causes of action arising therefran and the costs. disbursements. and expenses of defending the same. 25. DECLARATICN OF CUVENANrS. aIDITICNS .AND RES'lRICl'ICNS. Developer acknowledges that the subject property is subject to no Declaration of Covenants of Conditions and Restrictions. 26. IXJRATICN OF AGREE\1ENf. This Agreement shall remain in effect until such time as the Developer shall have fully perfonned all of his duties and obligations tmder this Agreement. 27. RBVJEDIES UPCN DEFAULT. a. Assessments. In the event the Developer shall default in the perfonnance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof. the City. if it so elects. may cause any of the inprovements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof. including all reasonable engineering. legal and aaninistrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429. in which case the Developer agrees to pay the entire BIOOunt of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein. the City shall have a specific lien on all of Developer's real property within the Subject Property for any BIOOtmt so unpaid. and the City shall have the right to foreclose said lien in the marmer prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event -6- . . of an emergency, as detennined by the City Engineer. the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety. and the Developer shall reimburse the Ci ty for any expense incurred by the Ci ty in remedying the conditions creating the emergency. b. Perfonnance Guaranty. In addition to the foregoing. the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder. to collect. pay. or reimburse the Ci ty for: (1) the cost of completing the construction of the improvements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the perfonnance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering. legal and administrative expenses incurred by the City in enforcing and administering this Agreement. c. Legal Proceedings. In addition to the foregoing. the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement. or to prevent use or occupancy of the proposed dwellings. 28. HEADIN3S. Headings at the beginning of paragraphs hereof are for convenience of reference. shall not be considered a part of the text of this Agreement. and shall not influence its construction. 29. SEVERABILIlY. In the event any provisions of this Agreement shall be held invalid. illegal. or unenforceable by any court of competent jurisdiction. such holding shall not invalidate or render unenforceable any other provision hereof. and the rena.ining provisions shall not in any way be affected or impaired thereby. 30. EXEaJfICN OF CXlJNl'ERPARI'S. This Agreement may be sinnl taneously executed in several counterparts. each of which shall be an original. and all of which shall constitute but one and the same instrument. 31. crNS'J.lU:CI'ICN. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 32. Sl.mSSCES AND .ASSI~S. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives. successors. and assigns. -7- . . srATE OF MINNESOTA ) ) ss axJNI.Y OF HENNEPIN) On this day of , 1988, before me, a Notary Public within and for said County, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public srATE OF MINNESOTA ) ) ss axJNI.Y OF HENNEPIN) On this day of , 1988, before me, within and for said County, personally appeared Wi 11 ism DiEm, on behalf of Rane Developnent Corporation, who is its President, described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public -9- 903.01 SECfICN: 903.01: 903.02: 903.03: 903.04: 903.05: 903.06: 903.07: 903.08: 903.09: 903.10: 903.11: 903.12: 903.13: 903.14: 903.15: 903.16: 903.17: . . DRAFT 5/3/88 903.03 ClIAPTER 903 WATER USE AND SERVICE Purpose and Intent Compliance With Provisions Water Service Connections Water Turn 01 and Shut Off Private Wells Installation and Construction Requirements and Specifications Service Pipes Meters Water Rates and Charges Water Connections Served by Adjacent MUnicipalities Authorized Water Shut Offs Conservation Measures Restricted and Prohibited Acts Discontinuance of Service Right of Entry Powers Disclaimer of Liability Violation 903.01: PUR:Pa3E AND INI'ENl': The City MUnicipal water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Chapter. 903.02: CIMPLIANCE WIlli PJDVISICNS: No person shall make, construct or install any water service installation, or make use of any water service connected to the water system except in the manner provided in this Chapter, nor shall any person make, construct, install or make use of any installation connected to the water system contrary to the regulatory provisions of this Chapter. (Ord. 74, 9-10-73, amd. 1987 Code) 903.03: Subd. 1. WATER SERVICE aNmCI'ICNS: Existing Service Stubs: Service stubs have been installed to serve some homes and businesses presently located in the Ci ty. For those homes and businesses, the /3~ 903.03 . . 903.03 connections are ready for use by the existing structures in the City. (~d. 157, 2-17-84, eff. 4-1-84, mud. 1987 Code) a. Permi t to Connect, Fee: A permit must be obtained to connect to the water system. The fee for each permit shall be as set by Council resolution. Such fee shall include inspection and turn-on services perfonned by the City. b. Conditions of Permit: The permit fee shall be paid at the time of making application for water service. In addition thereto, before any permit shall be issued, the following conditions shall be complied with: (1) No permit shall be issued to tap or connect with any water main or water system of the City either directly or indirectly from any lot or tract of land unless it shall be determined that: (i.) The lot or tract of land to be served by such connection or tap has been assessed for the cost of construct ion of the water main and water plan system with which the connection is made; or (ii.) The proceedings for levying such assessments have been or will be commenced in due course; (iii.) A a connection charge has been paid. (2) A water meter, meter horn, and remote reader shall be obtained from the City at the time permit is applied for. (3) If the lot is served by the eastern service district water tower and is below an elevation of 975', a pressure reducing valve (PRV) shall be obtained from the City at the time the permit is applied for if a new connection or upon notice by the City if an existing connection. (4) Inspections: All property service lines shall be inspected by the City Water Inspector before the lines are covered to insure proper construction of the line and connection to the service stub. The owner or contractor shall give at least 24 hours advance notice to the City Water Inspector when the service pipe is ready for inspection. (~d. 157, 2-27-84, eff. 4-1-84, mud. 1987 Code) 903.03 Subd. 2. Subd. 3. . . 903.03 (5) 'furn-(h and Shut-Offs. (hly an authorized City enployee shall turn on or shut off any water supply at the curb stop. New Service Stubs. Application for Water Service Connection: In the event additional connections or stubs are required or desired, applications shall be made at the City Hall on forms furnished by the City. (Ord. 74, 9-10-73, mnd. 1987 Code) a. Applications. All such applications for service stubs shall be made by the owner of the property to be served, or his duly authorized agent, and shall state the size and location of the service connection required, and the applicant shall, at the time of making applications, pay to the City the amount of fees required for the installation of the service connection as hereinafter provided. The application shall also contain the name of the owner, a description of the property, lot, block and addition, name of road upon which the property fronts and the signature of the applicant, or his agent, agreeing to conform to the rules and regulations that may be established by the City as conditions for the use of water. b. Perfonnance Bond. For the purpose of assuring and guaranteeing to the City that the installation of the service connection shall fully comply with all of the other terms and provisions of this Chapter, the applicant agrees to furnish to the City either a cash deposit or a corporate surety bond in the sun of $2,000,00, approved by the City and naming the City as obligee thereunder. c. Inspections. All property service stubs shall be inspected by the City Water Inspector before the stubs are covered to insure proper construction of the stubs and connection to the watermain. d. Additional Requirements. All requirements set forth in Subd. 1 of this section shall be applicable to this subdivision. Connection assessment connection tract of accordance Counci 1. Charge: If no assessment has been levied and no proceedings will be completed in due course, a charge shall be made to the owners of the lot or land to be served. Such charge wi 11 be in with and pursuant to resolution of the City 903.04 . . 903.06 903.04: \~ TURN~ AND SHUT~FF FEES: A fee as established by resolution of the City Council shall be charged for turning on or shutting off water except in instances where a connection pennit has been obtained by the property owner. 903.05: PRIVAIE WELLS:1 Private wells may be maintained and continued in use after connection is made to the water system, provided there is no means of cross-connection between the private well and the Mmicipal water system at any time. Hose bibbs that will enable the cross-connection of the two (2) systems are prohibited on internal piping of the well supply system. The threads of the boiler drain of the well volune tank shall be removed or the boi ler drain hose bibb replaced wi th a sink faucet. C1l1hiae hv::;t! btbbs will Hut De- ~_-!.!l~.!:!l~,J~'!mic.ipaL.s}l.Siem.,wheJ:.e.-dual~...wa.te.z! sys t ems a~4>>~;\l.se~, 903.06: Subd. 1. Subd. 2. Subd. 3. INSTALIATICN AND SPECIFICATICNS: CXNS'IRUCl'ICN RlQJIREVlENl'S AND Supervision: All work performed within the limi ts of the City shall comply with all requirements of the Minnesota PlUIbing Code as amended and the Ten States Standards and shall be under the direct supervision of the City Water Inspector and Public Works Director. Authority to do Work: Only persons authorized by this Olapter shall tap any distributing main or pipe of the water system, or insert stop cocks or ferrule therein. Excavations: 2 If the installation is to be in a surfaced street, the location of the water main shall be ascertained fran the Ci ty Engineer and, upon completion, such installation shall be inspected by the Public Works Department. Prior to construction within the street, notice shall be given to the City Water Inspector, School District, U. S. Post Office, police and fire departments, and City P\lblic Works Director. Such notice must be given at least three (3) days prior to the excavation for laying of the service pipe, and the connection must be made before three o'clock (3:00 P.M.). After approval by the Public Works Department, the street shall be restored to its previously existing conditions as directed and approved by the P\lblic Works Department. The expense of such construction and restoration shall be borne by the applicant. 1. See Olapter 506 of this Code. 2. See also Section 901.01 of this Code. 903.06 Subd. 4. SOOd. 5. . . 903.06 Separate Connections and Meters: No more than one housing unit or building shall be supplied from one service connection except by special permission of the Ci ty Counci 1. Whenever two (2) or more parties are supplied from one pipe, connecting with the distribution main, each building or part of the building ITRlst have a separate stop box and a separate meter. Property Service Lines: ,All installations of property service lines shall comply with the following: a. Property service pipe ITRlst be laid with sufficient waving to allow not less than one foot (1') extra length and in such manner as to prevent rupture by settlement. b. Property and one-half whichever is freezing. service lines ITRlst be placed not less than seven feet (7 1/2') below surface or finished grade, lower, and arranged so as to prevent rupture by c. A shut off or other curb stop shall be installed at the property line and placed so as to be protected from freezing. d. All underground joints are to be mechanical (compression or flared, not sweated) unless otherwise approved by the City Inspector. e. Joints shall be kept to a minimum with not more than one joint used for service up to seventy feet (70') in length. f. All joints and connections shall be left uncovered until inspected and tested at normal water line pressure. g. Connections at mains for domestic supply shall be at least one inch (1"). h. No water pipe shall be connected wi th any purp, well, tank or piping that is connected with any other water supply other than the Mmicipal water system. i. Not more than one building shall be supplied from one service connection unless by special permission from the City Counci 1. j. When two (2) or more buildings are supplied from one pipe, each building ITRlst have a separate stop box and separate meter. 903.06 903.07: Subd. 1. Subd. 2. 903.08: Subd. 1. Subd. 2. . . 903.08 k. Prior to connection with the MUnicipal water system, all means of cross-connection to a retained private water supply shall be eliminated. SERVICE PIPES: Maintenance and Repair: It shall be the responsibility of the property owner to maintain the service pipe from the curb box into the structure. In the case of failure upon the part of the property owner to repair any leak. occurring in his pipe within twenty four (24) hours after verbal or written notice thereof, the water will be shut off and will not be turned on until the service charge, as established by resolution of the council, has been paid and the leak. repaired. When the waste of water is great, or when damage is likely to result from the leak., water may be turned off immediately pending repairs. Abandoned Service Installations: All service installations that have not been used for one year, or for any reason have became useless for further service, shall be shut off at the curb stop. Any expense of the Ci ty shall be charged to the property and, if not paid within thirty (30) days, shall be treated as a delinquent account pursuant to this Chapter. lVEl'ERS : Meter Use Required: Except for extinguishing of fire, no person except authorized City employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied by the City. Installation of Meters: All water meters shall be installed by a licensed plumber in accordance with the following rules: a. The service pipe from the water main to the meter shall be brought through the floor in a vertical position. The stop and waste valve shall be installed approximately twelve inches (12") above the floor. 903.08 Subd. 3. . . 903.08 b. The meter shall be located so that the bottom is from twelve to twenty-four inches (12"-24") above the finished floor line. The meter shall be set not more than twelve inches (12"), measured horizontally from the inside line of the basement wall, unless an al ternate method is approved by the City Water Inspector. c. All meter installations shall have a stop and waste valve on the street side of the ~ter. In no case shall there be more than twelve inches (12") of pipe exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste valve shall also be installed on the house side of the meter. Meter setting devices shall be of copper pipe or tubing from the tenninus of the service pipe up to and including the house side stop and waste valve. d. A remote reader shall be installed on the outside of the building in which the meter is contained at a height of three feet (3') to five feet (5') above grade. Maintenance, Repair and Replacement: a. Replacement of Meter: All water meters shall be and remain the property of the City and may be removed or replaced or changed as to size and type by the City whenever deemed necessary. b. Maintenance and Repair: The Ci ty shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace than if necessary. However, where any replacement or repair or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness or negligence of the owner or occupants of any pranises, any expense incurred by the City to repair said damage shall be charged against and collected from the property owner, and water service may be discontinued until the cause is corrected and the amount charged collected. 903.08 . . 903.09 Subd. 4. Subd. 5. 903.09: Subd. 1. Meter Tests: When a user makes a complaint that the bill for any past services has been excessive, the City shall, upon written request, have such meter re-read. If the user remains dissatisfied and desires that the meter be tested, said user shall then make a deposit in an amount established by resolution of the City Council, and the City shall test the meter. The user shall, if he so desires, be present when such test is made. In case a test should show an error of over five percent (5%) of the water consumed in favor of the City, the deposit will be refunded to the user and a correctly registering meter will be installed and the date of written request and the minimtlIl charge shall not be affected. In case the test shows an accurate measurement of water or an error in favor of the user, the amount deposited shall be retained by the City to cover the expenses of making such test. Unauthorized Tarrpering Wi th Meter: All water meters shall be inspected and sealed by the City Water Inspector. No person not authorized by the City shall connect, disconnect, take apart, remove the seal, or in any manner change or cause to be changed or interfere with any such meter or the action thereof. WATER RATES AND CHAOOES: Rates and Olarges Established: a. Water Service Rates: The water rate due and payable to the Ci ty by each water user for water taken fran the MUnicipal water system shall be at a quarterly rate established by a resolution of the City Council. Where service is for less than a quarterly period, the quarterly charge will be prorated on a monthly basis. b. Meter Olarges: A charge for a water meter shall be made by the City. Property owners or users shall pay in advance before delivery of the water meter for installation. Said charge shall be as established by the City Council by resolution. (Ord. 157, 2-27-84, eff. 4-1-84; amd. 1987 Code) c. Water Turn Ch: The established turn-on fee wi 11 be charged for turning on water where service has been shut off 903.09 Subd. 2. Subd. 3. . . 903.09 for nonpayment discontinuance chapter. of water billings, failure to repair a leak, of service, or other reason specified in this d. Estimated and Adjusted Rates: (1) In the event the water meter servicing any property is found to be operating in a faulty manner or to have becane inoperative, the amount of water wi 11 be estimated in accordance with the amount previously used in carparable periods of the year. (2) The City Council shall be authorized to make adjustments in water charges when the amount bi lIed is erroneous due to a meter deficiency or other mistake. e. Rates Outside City Limits: Rates due and payable by each water user located beyond the territorial boundaries of the City shall be detennined by special contract. Listing of Accounts: All accounts shall be kept on the books of the City in the name of the owner of the property served. All bills and notices sent out by the City shall be sent to the address of the property served. If nonresident owners or agents desire personal notice sent to a different address, they shall file an application therefor with the City. Any error in address shall be promptly reported to the City. Bills for Services, Assessment s. Delinquencies, Discontinuance, Tax a. Billing: Statements for charges for water service for a quarterly period should be mailed to each property owner or user on or before the fifteenth day of the second month following the quarterly period covered by the statement. Such statement shall be due and payable to the City Clerk on or before the fifteenth day of the third month following the quarterly period covered by the statement. b. Delinquencies: After the fifteenth day of the third month following the quarterly period covered by the statement, a penalty of 10% of the unpaid balance due will be assessed and added to the amount of the statement. If this . . 903.09 903.10 statement is not paid prior to the due date of the next billing, a notice shall be sent to the property owner or user infonning the property owner or user that the statement is delinquent and warning that unless the statement plus penalty is paid in full within fifteen (15) days, or other arrangements for payment satisfactory to the City are made, the water will be shut off and the prescribed shut-off fee will be assessed. c. Discontinuance of Service. If the property owner or user does not respond to the notice given above, prior to the date indicated in the notice, and the statement remains unpaid, the water shall be shut off at the curb stop. Prior to the water being turned back on again, the property owner or user shall be required to pay all delinquent charges, plus penalties and shut-off fees, and the prescribed turn-on fee. d. Tax Assessments: All delinquent accounts may be certified by the Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served. This assessment roll shall be delivered to the City Council for adoption on or before October 10th of each year and upon approval thereof, the Clerk shall certify to the County Auditor the amount due, plus a certification fee as established by resolution of the Ci ty Counci I, and the County Audi tor shall thereupon enter such amount as part of the tax levy on such premises to be collected during the ensuing year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. 903. 10: WATER CXN-ffiCI'IrnS SERVED BY ADJACEm' MJNICIPALITIES: The City Council has heretofore and will in the future enter into contracts with adjacent municipalities to provide water service to properties located within the City. All pennits to be issued under this Olapter shall cooply with the tenus of such agreements. In instances where the cost of the water hook-up fran the supplying city is included in full or in part as a quarterly charge, then such shall be added to the billing for the minimum quarterly water charge to be paid by the recipient. . . 903.14 903.17 Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in connection with an application for service. 903.15: RIGII' OF ENIRY roVERS: Authori zed Ci ty E!IIl>loyees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system for reading of llle~~';s and inspection. /-...-AeA V _--<....r", ....f! c~~_~, ,th;;.; /-:,:,,", ',~e:,;;i ~y c.".. ~f~-.<4..,7.::-~,,/I, 903.16: DISCLAIMER OF LIABILITY: The City shall not be liable for any deficiency or failure in the supply of water to property owners or users, whether occasioned by shutting the water off for the purpose of making repairs or connections, or fran any other cause whatever. 903.17: VIOLATICN: Any person violating any provIsIon of this Chapter shall be guilty of a misdemeanor. (Ord. 74, 9-10-73, arm. 1987 Code) 903. 11 . . 903.14 903.11: AUTHORIZED ~ SHUT-OfFS: In case of fire or alann of fire, water may be shut off to insure a supply for the fire fighting; or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. 903.12: crNSERVATICN MEASURES: Whenever the Ci ty Counci I shall detennine that a shortage of water supply threatens the City, it may, by resolution, limit the time and hours during which water may be used frexn the water system for lawn and garden sprinkling, irrigation, car washing and other uses specified therein. Appropriate notice of such limitation shall be given prior to the enforcement thereof. 903.13: Subd. 1. Subd. 2. Subd. 3. 903.14: Subd. 1. Subd. 2. RES1RICI'ED AND PlDIIBITED ACrS: Unauthorized 'fu.rn-Ch or Shut-off: No person, except an authorized City enployee or agent, shall turn on or shut off any water supply at the curb stop. A turn-on or shut-off fee in an amount equivalent to twice the prescribed fee shall be charged for the unauthorized turn-on or shut-off of any con~ection to the l.\hmicipal water system. Unauthorized Use of Hydrants, Interference Wi th System: No persons, other than employees or agents of the City, shall operate fire hydrants or interfere in any way with the water system. Supplying Water to Others: No person shall pennit water frexn the water system to be used for any purpose except upon his own premises unless written consent is first obtained frexn the Ci ty. DISaNrINI.JAN:;E OF SERVICE: Water service may be shut off at any curb stop connection whenever: The owner or occupant of the premises served, or any person working on any pipes or equipnent thereon which are connected with the water system, has violated, threatens to violate or causes to be violated, any of the provisions of this Chapter. Any charge for water, service, meter or other financial obligation irrposed on the present or fonner owner or occupant of the premises served is unpaid. . . ORDINAOCE ID. AN ORDINAOCE AMENDING SECrICN 703.04 OF '!HE SHJRE.V.aD CI1Y CXDE PRO\TIDING FOR '!HE 'mAPPING OF MJSKRATS AND BFAVERS '!HE CI1Y roH::IL OF '!HE CI1Y OF SHJRE.V.aD, MINNESOl'A, amA.INS: Section 1. Section 703.04 of the Shorewood City Code is hereby amended by adding a new subdivision to read as follows: "Subd. 3. The sale or use of leg-hold traps for the trapping of muskrats or beavers, providing such trapping is specifically authorized by the City Council. Such authorization shall be by special pennit. This pennit shall contain such conditions and provisions as the Council may deem appropriate. Pennits shall be issued for a period not exceeding six (6) months, and may be renewed by Council action." Section 2. This ~dinance shall be in full force and effect from and after its passage and publication. AOOPI'ED BY '!HE CI'lY <nN::IL of the City of Shorewood, Minnesota, this day of , 1988. Robert Rascop, Mayor A1TEST: Sandra L. Kennelly, City Clerk . / /7- ! 703.03 . . 703.05 Subd. 2. The sale of any trap within the City by any person or by any wholesale or rental establishment. 703.04: EXEMPTIONS FROM PROVISIONS: The provisions of this Chapter shall not apply to: Subd. 1. The sale or use of any trap specifically designed to kill rats, mice, gophers or moles. Subd. 2. The sale or use of cage-type live traps employed for the control of nuisance animals as long as such traps are tended each twelve (12) hours. 703.05: VIOLATION: Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. (Ord. 100, 7-10-78) . . ORDINANCE N). AN ORDINANCE M1ENDING SECTICN 1102 OF 1HE SImEVaD CI1Y aDE PROVIDING FOR RES1RIcrICNS CN 1HE USE OF l\UItE, VEHICLES IN 1HE WErLAND ARPA 1HE CI1Y cn.JOCIL OF 1HE CI1Y OF SImEVaD, MINNESOl'A, ORDAINS: Sect ion 1. Chapter 1102 of the Shorewood City Code is hereby amended by adding a new section to read as follows: "1102.11 VEHICLE RES1RIcrICNS: No person within a wetland conservation area shall: Subd. 1. ~ive or park a vehicle, except an authorized or emergency vehicle, on any turf or other area not designated for parking or travel. Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere within a wetland conservation area. Subd. 3. Operate a motorized vehicle except on marked JrR; 1 s during t imcili QQiit;natod ay the City ('~l1Jlr.i 1. Subd. 4. Operate any watercraft within a wetland conservation area." Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. A1X)PI'ED BY 1HE CI1Y cn.JOCIL of the Ci ty of Shorewood, Minnesota, this day of , 1988. Robert Rascop, Mayor ATl'EST : Sandra L. Kennelly, City Clerk /5 J ,,#-l . . RESOLUrICN ID. A RESOLUrICN DENYING AN AMENIlVJFNl' 'ID TIm SIDm\\aD CXl\1PREHENSIVE PIAN WHEREAS, Nancy Strickland-Balogh, (Applicant), has an interest in certain land in the City of Shorewood, Minnesota, legally described as: Lot 108, Auditor's Subdivision No. 133 and the West 100 feet of the South 10 feet of Lot 1, Pebble Brook Addition and WHEREAS, said land (Subject Property) carries a density classification from semi-rural residential (0 - 1 unit per acre) under the City Carprehensive Plan; and WHEREAS, Applicant has made application for an amendnent to the City Carprehensive Plan whereby said property would be re-classified to a density of 1 - 2 units per acre; and WHEREAS, a public hearing was held and the application reviewed by the Planning Carrnission on April 5, 1988; and WHEREAS, the City Council considered the application at their regular meeting on April 11, 1988, and voted to return the application to the Planning Carrnission for further study and recannendation; and WHEREAS, a further review of the application was had before the Planning Carrnission on April 19, 1988; and WHEREAS, the City Council, at their regular meeting on April 25, 1988, voted to deny the application and directed the City Attorney to prepare Findings and Conclusions for review and action by the Council at their next regularly scheduled meeting. NlV, nmRER:EE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDIIDS OF FACl' 1. That the above-described property carries a density classification of semi-rural residential (0 - 1 unit per acre) under the City Carprehensive Plan. 2. That a substantial majority of the land in the immediate area of the Subject Property is classified as semi-rural residential (0 - 1 uni t per acre). /fo/4-/ ~. . . ..t 3. That re-classifying the Subject Property from semi-rural residential (0 - 1 unit per acre) to low-density residential (1 - 2 units per acre) would have an adverse effect upon other lands immediately close by, would be inconsistent with the original intent of the City Caq>rehensive Plan, and would have an adverse effect on the general welfare, public health and safety of the community. CXN:;LUS Ims That based on the foregoing, the City Council of the City of Shorewood hereby denies Applicant's request for an amendment to the City Caq>rehensive Plan changing the classification of the Subject Property from semi-r8SiQ8nr~ - 1 unit p. er acre) to lOW-density residential (1 - 2 units per acre). ~ AIX>PI'ED BY '!HE CI'IY ~IL of the Ci ty of Shorewood this 9th day of May, 1988. ATTEST : Robert Rascop, Mayor Sandra L. Kennelly. Ci ty Clerk . . RESOLUrICN ID. A RESOLUfICN DENYIOO AN AlVlENIl\1Em' 'ill 'mE ZCNIOO (JIDINANCE OF 'mE CI'IY OF SImEW:XD WHEREAS, Nanci Strickland-Balogh, (Applicant), owns an interest in certain land in the City of Shorewood, Minnesota, legally described as: Lot 108, Auditor's Subdivision No. 133 and the West 100 feet of the South 10 fcet of Lot 1, Pebble Brook Addition and WHEREAS, the Subject Property is presently zoned R-IA; and WHEREAS, the Applicant has applied for an amendnent to the Zoning Ordinance whereby the Subject Property would be zoned R-lB; and WHEREAS, a public hearing was held and the application reviewed by the Planning Cammission on April 5, 1988; and V~, the City Council considered the application at their regular meeting on April 11, 1988, and voted to return the application to the Planning Cammission for further study and recommendation; and WHEREAS, a further review of the application was had before the Planning Q:rnnission on April 19, 1988; and WHEREAS, the City Council, at their regular meeting on April 25, 1988, voted to deny the appl ication and directed the Ci ty Attorney to prepare Findings and Conclusions for review and action by the Council at their next regularly scheduled meeting. NlV, 'lHEREFOOE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDIOOS OF FACf 1. That the above-described property carries a density classification of semi-rural residential (0 - 1 unit per acre) under the City Comprehensive Plan. 2. That a substantial majority of the land in the immediate area of the Subject Property is classified as semi-rural residential (0 - 1 units per acre). -II /~ /1 -- :2_ . . 3. That the increase in density proposed by the amendnent would be inconsistent with the density as set forth in the COmprehensive Plan for the adjacent areas. 4. That an increase in density for the Subject Property would be adverse to the general welfare, public health and safety of the coommity. 5. That the proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City COmprehensive Plan. cno.USlrns That based on the foregoing, the City Council of the City of Shorewood hereby denies Applicant's request for an amendnent to the Zoning ~dinance changing the classification of the Subject Property from R-lA to R-lB. AIX>PTED BY 1HE CIlY CDJNCIL of the City of Shorewood this 9th day of May, 1988. ATrEST: Robert Rascop, Mayor Sandra L. Kennelly, City Clerk . . RESOLUfIrn tv. A RESOLUfIrn DENYIOO AN M1ENI:MENl' TO 'lHE ~ING ClIDINANCE OF 'llili CITI OF SIDlliWXD WHEREAS, George Larson, (Applicant), ~v.ns an interest in certain land in the City of Shorewood, Minnesota, legally described as: Outlot A, Westlawn 1Wo and WHEREAS, the Subj ect Property is present ly zoned R-1A; and WHERFAS, the Applicant has applied for an mnendnent to the Zoning Ordinance whereby the Subject Property would be zoned R-lB; and WHERFAS, a public hearing was held and the application reviewed by the Planning Cannission on April 5, 1988; and WHEREAS, a further review of the application was had before the Planning CConlission on April 19, 1988; and WHEREAS, the City Council, at their regular meeting on April 25, 1988, voted to deny the application and directed the City Attorney to prepare Findings and Conclusions for review and action by the Council at their next regularly scheduled meeting. lilY, 1HEREF<Jlli, BE IT RESOLVED by the City Council of the Ci ty of Shorewood as follows: FINDlN3S OF FACI' 1. That the above-described property carries a density classi ficat ion of low-densi ty resident ia1(1-- 2 uni taper acre) under the City Comprehensive Plan. 2. That a substantial majority of the lmld in the immediate area of the Subject Property is classified as semi-rural residential (0 - 1 uni t per acre). /013 . . 3. That the increase in density proposed by the amendment would be inconsistent with the density as set forth in the Comprehensive Plan for the adjacent areas. 4. That an increase in density for the Subject Property would be adverse to the general welfare, public health and safety of the community. 5. That the proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan. <XNCLUS IrnS That based on the foregoing, the City Council of the City of Shorewood hereby denies Applicant's request for an amendment to the Zoning ~dinance changing the classification of the Subject Property fran R-lA to R-1B. AIX>PIED BY TIm CIlY UXlNCIL of the Ci ty of Shorewood this 9th day of May, 1988. ATI'EST: Robert Rascop, Mayor Sandra L. Kennelly, City Clerk '" . Q\'\te~"nc 2021 Easl Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 . Engineers Surveyors Planners May 4, 1988 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: 1988 City Street Maintenance Project Project No. 88-1 Shorewood, Minnesota OSM Comm. No. 4160 Dear City Officials: Attached is a cost estimate for scheduled street repairs for 1988. The estimate lists the streets to be repaired, the type of construction scheduled to repair each street, and the estimated cost of construction. The total estimated construction cost is $168,000, and the total estimated proj- ect cost is $193,000. This is within the budgeted amount of $200,000. We will be happy to discuss this matter with you at your convenience. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~N2?1t1fBn/ML:5 Associate J PN : m 1 j /7 . . 1988 SHOREWOOD CITY STREET MAINTENANCE PROJECT NO. 1988-1 REPAIR CODE INDEX CODE S L o P ESTIMATED COST PER L.F. $ 1.65 $ 8.00 $10.60 $ 0.00* REPAIR Seal Coat Fabric With Leveling Course Fabric With 1-1/2" Overlay Patch *Patching will be done by City personnel plus the cost not included in this contract STREET LIST REPAIR STREET CODE NOTE 1. Beverly 0 To West End of Cul. 2. Cajed 0 Discuss Storm Drain With Council 3. Enchanted Lane 0 Main Road 4. Enchanted Pt. Rd. Hold-Questions About R.O.W. 5. Eureka Road L & S Subdrainage Under Road Near Smithtown Required Breakdown 2/3 L 1/3 S 6. Mann S 7. Seamans Drive S 8. St. Alban's Bay Rd. S 9. Strawberry Lane S . 10. West 62nd Street o & P From Strawberry to Church 11. Sylvan Lane S & P 12. Orchard Circle S 13. Lee Circle S 14. Lake Virginia Dr. o & P 15. Yellowstone Trail L From Country Club to Pleasant 16. Suburban L Total Construction Cost ~ $/L.F. TOTAL COST 1,260 $10.60 $ 13,356.00 820 $10.60 8,692.00 3,300 $10.60 6,050 4,000 $ 8.00 2,050 $ 1.65 660 $ 1. 65 1,800 $ 1.65 3,700 $ 1.65 2,610 $ 1. 65 600 $10.60 320 $ 1.65 300 $ 1. 65 300 $ 1.65 1,560 $10.60 1,800 $ 8.00 2,760 $ 8.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-. . . . . . . 34,980.00 32,000.00 3,383.00 1,089.00 2,970.00 6,105.00 4,307.00 6,360.00 528.00 495.00 495.00 16,536.00 14,400.00 22.080.00 $167,776.00 + Indirect Cost (15%) 25.224.00 TOTAL PROJECT COST ............................................... $193,000.00 ~ . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Councilmernbers FROM: Dan VOgt])~ DATE: May 3, 1988 SUBJECT: Employee Dental Insurance A request has been made by the staff to look into the possibility of providing dental insurance to the full-time benefit earning employees of the city and their dependents. You may recall that the Union attempted to bargain this type of insurance into their current contract. The Union was looking to have this benefit fully paid by the City. This proposal was rejected by the city and subsequently dropped from negotiations. I have circulated a short survey to all full-time benefit earning employees which asks certain questions relative to adding the dental benefit. I have attached a copy of the memo which was sent. Only one employee stated that dental insurance was not desired. Two other employees indicated problems paying the full premium. The city currently has 17 full-time benefit earning employees. The providers that I have looked at, League of Minnesota Cities and Delta, require that the employer pay for 100% of the employee coverage. In looking at other cities, this appears to be the case in the majority of the cities. However, it is also shown that some cities pay the total cost of insurance up to the insurance premium "cap" as set by the City. Our "cap" is currently $250.00 per month per employee. The total cost of insurance to employees plus dependent coverage does not yet reach the "cap". The $250.00 limit is expected to be reached in 1989 with or without the addition of dental insurance. The first decision to be made is whether or not to offer dental insurance to employees. If that decision is yes, then, the method of how it will be paid for should be decided. A few of the options are listed as numbers 2-4 on my April 18 memo to staff. Specifically, the employee pays the full premium, the employee pays a percentage of the full premium or the employee pays the amount of the premium for all insurance over the $250.00 per month per employee "cap". A Residential Community on Lake Minnetonka's South Shore /}/ )2 (>. C. /) . . Dental Insurance Page Two If the Council favors offering dental insurance to its employees and chooses a payment alternative, I will have vendors meet with staff to discuss coverages. A recommendation will then come back to you as to the recommended vendor to provide dental insurance with the best coverage and value to the employees. Please contact me if you have any questions relative to this proposal prior to Monday night. Also, I would be interested if you have any ideas as to alternative vendors to provide the coverage. slq Attachment cc: Staff . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Full Time Staff FROM: Dan vogtJf1f DATE: April 18, 1988 SUBJECT: Dental Insurance Members of the office staff have expressed interest in obtaining dental insurance as an additional employee benefit. Prior to discussing this with the City Council, I need to know the level of interest and your preferences as to payment for such a benefit. Estimated rates for dental insurance are as follows: Employee Only $10-15/month Family Rate $25-40/month Optional Orthodontic $ 3- 5/month Please complete the following questions and return to me by Monday, April 25. Name 1. Would you be interested in a dental plan for City employees? Yes No Family Coverage____ Single Coverage____ 2. If you were required to pay the full premium for said coverage, would you still be interested? Yes No 3. If you were required to pay 50% of the premium for said coverage, would you still be interested? Yes No A Residential Community on Lake Minnetonka's South Shore BID TABULATION for 1988 Sanitary Sewer Maintenance Work FOR THE CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA Bids Opened: Vendor Bid Security Total Bid 1. Municipal Pipe Tool Company 5% - Merchants $39,730.00 -------------------------------------------------------------------------- 2. Visu-Sewer Clean & Seal, Inc. 5% - Wausau $34,805.00 -------------------------------------------------------------------------- 3. -------------------------------------------------------------------------- 4. -------------------------------------------------------------------------- 5. -------------------------------------------------------------------------- 6. -------------------------------------------------------------------------- 7 . -------------------------------------------------------------------------- 8. -------~------------------------------------------------------------------ 9. -------------------------------------------------------------------------- 10. -------------------------------------------------------------------------- *Denotes ~orrected Figure 1 hereby certify that this is a true and correct tabulation if the bid:: r:C()'1!!feived on May 6, 1988 BY:~ Daniel J. Vog City Administrator MINU'l'IS MONDAY, PAGE 8 1988 ~ MIESEN BUILDING PERMIT STATUS - CONTINUED order" on the house and the Miesen's are now asking permission to resume work. Mrs. Miesen stated that she has been working with Mr. Nielsen since the beginning of the project and she questioned her builders interpretation of what was allowable under her building permit. Attorney Froberg stated that the Council had two options available to them. One, they could determine that the existing block was an existing structure and instruct the building official to issue a permit to add to that structure or they could instruct the Miesen's to reapply for thier variances and permit. Nielsen stated that this lot doesn't have a site on it that could comply with set backs. The Council would need to issue the same variance as they previously did if Miesen's were required to reapply. Mr. Carroccio took full responsibility for the misunderstanding and would like to continue the project for the Miesen's benefit and the benefit of the neighborhood. Council discussed the definition of "structure" and Nielsen felt that what was remaining is a "structure". A Resolution has already been passed that states the condition of the variances granted. Rascop asked if there was a demolition permit issued. Nielsen stated that a permit was not issued in conjunction with a building permit. Nielsen also stated that he gave additional permission to expand the basement area within the confines of the footing print to allow for an inside stairway access to the mechanical room. Haugen moved, to allow Miesen to rebuild their house on the same foot print as remains under staff inspections, Gagne seconded for discussion. Rascop offered an amendment to remove'the deck approval that was granted as a variance, 40 1/2' to the lake. The amendment was not supported. Stover confirmed that this action is still subject to the 5 variances already granted. She supports the need for strict inspection requirements with any added costs to be borne by the contractor. Rascop doesn't feel that~structure exist~ and a permit should beyfor new construction.'~ ~ ~~\.\. li!~ 01=" Motion carried to allow construction~ the building, as originally issued - 4 ayes to 1 nay (Rascop). Rascop would like an Ordinance drawn to require licensing of all contractors with conditions to deal with violat~ who work without obtaining a permit. Mr. Miesen apologized to the Council for the problems that this has caused and thanked them for their time. -8- MINUTES MONDAY, MAY 9, 1988 PAGE 9 .~ RESTRICTION OF THE USE OF MOTOR VEHICLES - ORDINANCE #209 IN THE WETLAND AREA ()tl.-f>lrJ/MJt~ Am.,.,vI>J\'l\6Jvr A1\lD Amf5rJ() c;;.1. Council reviewed theASubd. 3 of Section 1. Gagne moved seconded by Haugen to accept the first reading of the Ordinance as amended, waive the second reading and adopt the Ordinance.bbtion, carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT Findings of Fact - Strawberry Fields Denial of Comp Plan Amendment RESOLUTION NO. 41-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the Compo Plan Amendment for Strawberry Fields, as amended. Motion carried by Roll Call Vote - 5 ayes. Findings of Fact - Rezoning Denial - Strawberry Fields RESOLUTION NO. 42-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning of Strawberry Fiel~as submitted. Motion carried by Roll Call Vote - 5 ayes. Finding of Fact - Denying Rezoning - Westlawn III RESOLUTION NO. 43-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning for Westlawn III. Motion carried by Roll Call Vote - 5 ayes. City Manager Information Council would like this information submitted in writing to review at a later date. Bayswater Road Litigation Stover requested an Executive session be held to discuss this following the completion of this meeting. ENGINEERS REPORT 1988 Street Project #88-1 - Preparation of Plans and Specifications and Authorize Advertisement For Bids Engineer Norton submitted a recommended list of streets to be included in the 1988 street improvement project. His total estimated cost for these streets is $193,000.00, the budgeted amount is $200,000.00. -9- r \ MINUTES MONDAY, MAY 9, 1988 PAGE 10 ENGINEERS REPORT - CONTINUED Council asked if any of these streets were also to be televised and would they need to be torn up if problems were found. Norton stated that the pipes will be repaired from the inside requiring no street excavation. Enchanted Lane is the only road affected by both projects and it will be televised prior to road repair. Rascop asked Engineer to check P.V.C. pipe protruding through the tar near the bridge. Gagne moved seconded by Stover to direct the Engineer to draw plans and specifications and authorize him to advertise for bids for the 1988 street project. Motion carried - 5 ayes. Freeman Park Waterlines Engineer Norton has drawn plans for the waterline extensions into Freeman Park. Widmer, Inc. has estimated a cost of install- ation at $16,940.00 for Plan A & B. An additional line to the center of the ballfield with a hydrant would increase the total project cost to $31,960.00. Additio~Class 5 is needed for parking lots and lime is needed for infield also. Norton recommends that the projects be combined and advertise for bids. The current project plans for seeding should be postponed. Vogt and Niccum supplied information on available park funds to pay for these improvements. Vogt feels the fund is $7,600.00 short and E€c.( recommended that they obtain a short term loan from the sewer fund in order to complete the project. Gagne moved seconded by Brancel to authorize the eXEe~diture and allow the park fund to go into a deficit balaJE~~k~~recommended by Beck. Motion carried - 5 ayes. PLANNERS REPORT McKinley Place 5th Addition - Grading Permit Request Norton has reviewed the plan and discussed it with Pflau~Engineer. He has concerns regarding the slope and driveway accessibility for Lots 9 and 12. Norton would like to see individual building pads located and how they are to be serviced, also how that will effect surrounding lots. Mr. Pflaum will return with additional detail. Division Street Rezoning Request A public hearing to hear the rezoning request for Division Street will be held by the Planning Commission on June 7, 1988. FINANCE DIRECTOR REPORT L~ne item financial statements should be in the mail this week for the first quarter. The audit is progressing. The audit review is scheduled for May 24th at 7:00 p.m. -10- MINUTES MONDAY, MAY 9, 1988 PAGE 11 .~ FINANCE DIRECTOR REPORT - CONTINUED The new software will allow for more detailed check lists in the future. Rascop requested a list of investments and their rate of return. ADMINISTRATIVE REPORT RESOLUTION NO. 44-88 Award 1988 Sewer Maintenance Work Two bids were received and opened on Friday, May 6, 1988. Staff recommends awarding the bid to Visu-Sewer Clean and Seal, Inc. in the amount of $34,805.00. Most of this work will be done on the islands sewer lineS. They have already located a 30 gallon a minute leak which could be equal to 150 REC connections when repaired. Visu-Sewer would like to use this area as a case study. Gagne moved seconded by Stover to award the bid to the lowest bidder, Visu-Sewer Clean and Seal, Inc. for $34,805.00. Motion carried by Roll Call Vote - 5 ayes. Request for Dental Plan The employees have asked to be enrolled in a dental plan at their own expense if necessary. Delta Dental and the League provide plans that require that the employer pay for the plan. Rascop feels the City can make a payroll deduction and submit one check to pay for the coverage. Vogt will return with additional information on participation, cost and providers. Secretary/Receptionist Vacancy Shelly Quaas has submitted her resignation effective May 17, 1988. An "exit interview" will be held that day by Vogt. A temporary will be brought in for training and will remain until someone is hired. Vogt questioned starting salary. Council did not suggest salary but encouraged the hiring of a qualified person. The bookkeeper will also be out for some time due to surgery. MAYOR REPORT LMCD The LMCD met with this past week. toYl'lrY\ l~ the Systems^~eR~rolRoard of the Metro Council Lake Minnetonka Week at Canterbury Downs A week has been designated as Lake Minnetonka Week in May. Two free tickets will be sent to residents around the lake. Arrangements have been made to use the Turf Club, reservations are needed. Hennepin County Water Board The Hennepin County Water Board is looking for a new appointment. Recycling Rascop expressed disappointment in Super Cycle for not picking up his recyclables. -11- MINUTES MONDAY, MAY 9, 1988 PAGE 12 COUNCIL REPORTS Meeting Time Limitation Gagne suggested that future Council meetings go no later than 11:00 p.m. even if the meetings have to be held every Monday evening. Haugen suggested study meetings for the first and third Monday. Rascop recommended a 15 item agenda and other items to be held over to the next agenda. City Ward Systems The Council was asked to consider the dividing up of the City into Wards with elected council members to come from each of the Wards. EXECUTIVE SESSION The Council went into Executive session to discuss the Bayswater Road litigation at 12:02. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved seconded by Haugen, to adjourn the Regular Council meeting of Monday, May 9, 1988 at 12:12 a.m. (May 10, 1988), subject to approval of payment of claims. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Checks #052907-052998 General $ 49,882.53 Liquor $ 43,506.40 Payroll Checklist: Checks #202079-202116 Total $ 11,155.21 $ 61,037.74 $ 2,746.39 $ 46,252.79 RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -12- ^ , (~ . ' \ ~ . ~. ~ 1.. ~ ."\.'; ~. . ') ~ J , ~ ~ <r ~ ~ ,j J"~' r ~ ~ ~ J. : ~. 'J ~ "i iJ. ~.'~' ~ . ." \\'0.., '- 1"1. <! . i... '~.. ~ ~~,.i ~ .' ~ '..' )'.. ~.'.' ~.' .. ' J J "\J '} '-J~. ~ ~ ~ " , . I J ~ j.~' ~'.' ,);. ~ ~! \\ " \\ '. ?,....J ~. .... . ~ ~'. ( il-. . ~ ~.....:~:3.' ~. ~..' ~:., . "t.. 'OJ..,' '3.... J .'..')....' '1.1...... ~ '~.. ~'. ~... '~\l J ~ \l ~~,)j. j",.. . J ~ ~ ~ ,0 . ~ \ . . ~ 'iJ ' ..'1..' J"" . '. ""\ J' J.' ..' . ".' J. .,. ~~ 'V \.I """ ;'{, ~', ' -I . .,.' , . . ~ "'. j ".'. i :x.. 1 '~.' 1 .' J... '. ..... "i ',. "~.,'~. .....' c ~" , ,~ J , " . ~ . .~: I" . fl., " ~, .' \'1 ~. . . ~ . .... .. ~ 0; ,J , . ,J .. "c. 0-,J ~ 't ' ~ ~ , .~ J { ~ \} )~ ~ 1.. '?' ~ '> DQ~. ;} L.~. ~....' J.~ ~.' :..'..1." . ~.,. ;. ~... ~'..." ..). j ~ ..... ~. t... ~.. J ~ '!'. ~ J." ~ t J '1' '~. ,< j ~ ~ <J ~ ~ ..... '-J . 'i.... ~. j. .,~. 'j. 5., .1. ~. "I., S. >...'. "j...'.. '"J.. . ~~,., ~. ~ '~.. ~'.~.. ~"'" ~... ~'. ~ ~ ~..' ~ ~ ,-:J ~ " ~. 4 ~ ~ . n (J~d J ~ ~ ~ ~ . -. ~. ~ J ~ ~ \. ~ J < '" .'" ~ ~ i ..; J : .~ " ~ J' ~ . ~ ~. ;;., 11 ~, "l .' · ~ ~ ~ r . J '~. . . 1 ':"'. :) :.! l ,~ r4 ". ... \' ~ ~ 11 · . ~ i ~ ~. "i ~j. " \. ~ ~ 1 \ . ~ Q J ii ~ '~..'. \j ~ t ,7 . ) ~ ~ ~'.~. J\.. J \!~. ". J..' ~ ~... ~.". J.... ~'. t ~ ~ .~ r( :~~, 1 ~ 1:) . j, >,;. . '" <l ~ · \ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ J ~ ~ ! - ~ j j ~ ~ ~ ~ ~J \\L~ ~ ~ J ~ ~ 1 i ,~ ~ ~)' ~ ' JL J ~ ~'~~~1 J 1>l ~i~ ,~'~ ~~ ~ j ~ 1 ~ ~ ~ ~ ~ ) . ~ ~ ~"V! J 1 ~; ~ ~ j~; ~: : ~ ~ 1 : ~] ~ ~ j ~ ~ : ~ r\. 2, ~ ~ t):. - ? ~ ~ ,~..~ ,\, ~~. \\ ~ ~ ~ ,i ,S i ,~j J~' ~ ~"Y 1~::;; \J <l) j ~,,~ '0. ,J' '\J ~ ~111~.j, ~ ~ ~ ~ ~ j ~ .'~ ~ ~ }; ~ . { ~ ~ I ~! ~I ~ j ~\ ~' , .q J ~ ~ ~J~ 1 j~"J~,~J ~~] ~J 'I't! I~~~~"~ j y. .~ ,( . ~ ~ J ~ J ~ ~ ' ~ ~ ~ ~ ~ . ~.! I 'Ii ~ ~'.' ~. ,~J .}~~j L~i r! t~ J~ ~~ i!W,~ J T~ ~ ~ 1" ~ \~ ~ ~~ t ~ ~ ~1 ,~ ~ A ~ ~ 1 d /1 j ~j J 1: ~ 5 1 ~ > B j] ~.~ ~ ! ~ J ! ~~ ~ ~ ~ ~ " I I , I I i ' ! ;7 o ~ ~ aJ, : ~ . ~ ~ d .... ~ ~.i J ~ ~ ~ i':) ~ ~:;;J ~ ;: .:r ~ ~ '- f ~ ,~ ~ ~ ~ ,,: ~'1~ ~ ~ 1 ~ Irs .; ~ ~; ,,' \J ~ - ~ "j ~ ~ ,i '" · :'l I' ~ , '. .~ \j ~. I ,~' .') ~'& ~ '1' ~ ~ -J.<; N' ~ ;~ ~ ~i ',Ii '~ ~ ~ j ;v ~ ~ ;t ~ ~ ~ ~ ~. ~ A ~ ~ ~ ~ 'J ~~' ~~. 'J S q' B i _~ ~ 3 ~ ~ J ~ ~ j ~ ~ J \\ ~ ~ ~ J. ~ =.' .' . ?-~ ~ ~. ...... 0 ... ~ ~~, : \ -, ~ J ~ ~ 1;>~ ~ i '. ~ ,~' l ~. i 1 J~' 1 f ? . ~ ~i J ,~ j 1 ~ ' ~ 1~~ ~,l ~s~j'; i ~'~~ ~~ ~ ~ J:j~ j ~ 1 j~ ~ -J ' . .. ~ ~ ~ ~ J '\J " / , , . . . , , ' , ., , i . ~ ~ \"yPm ~--~ ':Z7-~~ ~...... ~ 4~/z ~'-4=,t,?-)--~~ --------- ___u_____ u_u_m_________ - u('i--~_pr7-V?l'-_=rf.::;"77~. ------.-.---"- .. ~ . . . .. ~ ; '--'~"'..7fT7.d-F1~~--~f1i:yfi- ...~oh-' ____H (7 ~-:7 c3T ---'7?~~ --V7) -tf;cr ---,/""" 1 ~-Ud(/ ;..rC"O/(7 __u____~ U - _UH - - _u_p -/~7~cI~ -1'~ - urr?) - :-f~1T~-- r~<7"--- - - --~ -- . - u7'?1)'7J7777 #~ f~07=.loch7jI'0:z;., up . -.- u---/"75 ~ .rtf/-r-; '7..;'-;t-t?j -,u,u-~cc''''--;-'' "j7J'~--C?7-".-~'..."-'.' .----~.-. -..-. u--"-C7-7J~=>7?~U .--.--~~t7"7.7r:r?t/7/--7'<"i;t5?'J---u--V77J--. '----7-- --uj-v~ 7??~7f/?'.<:'7 r / t>n~-U~n-'7l<..?ii?;--cP 7~~ _____u_~~-- -~-ds-3~l::jC~-;F01TJJ?~."7J~- --~ ;.-... ;'ACf~- -. ')?-~;'~ ... -,.u~=i.;c. . ..' ..- u..---i>~;';'.i.i7Jqc 1Z~u 'rf' cAr; ruC~'l' .1'Jt).7~7~ 1'7>C"[77j~ (P?'Z?"-r~ 7->;f' -..~ f"~ -n"yr-r-?'7J J'/)~ "~?-j-f'o "/?'=V;7~i'f cry ."P ~ ~o;J . Q? rtJ? e (q C7 Z~ C'~ ^,---rL-?C/--;( ~ jP~))' ph~n rrr ~,"p (z--t?n/:c &/.... ~ 7')"';;1)A7 ~>7 7"wh^,""F:n??fI",..ii~;75'",Jj7 14;Tv'!)-"'7lJ5 -p>(.?tol) ~"?L~...,-,(/rl-~~ ~ ;3;:?o / - u~~ .~ /?'7'~r7?--';;-~ .'~""-' ~ ~ .!?{ /~~ "}f~V7U~;? .l-r-'P ?7..2-;2 '7 7c.Lt7>">?-py)~'/OLO V s=;..~ . ~?r;7' G~ ,/ ~ /_"~/)Jr r,.-rp'7:;P ;;:-C;?7;'~'-'~.--::=:~;7"'>?" ; t;-:;;; oI~. A. ~~;; ?CJ -4-- r-, W ~;7--:./ )r;::(;?C#~ - l-g5~ ! (lTflI'~n7r pJ'bl 7:!!C5?/ ~~7hr' . fiv J-trr-'-'tr) ... I ~r:r' 1fT! .~.7^i?d~~C?(7 ~ 'd~-r:-~Z/77l/./; ..... ~. ~ J ~, . '4 . ~. ~ v'O \: ". · --.,. Ii . . ~..... J ~.'...~... ~ . J. .:........ 1.. ... '" \.". "N.....: til.. '-.1~.1 ...: , ). . ( '. I I" ~ '\.. J J "4.' I' . . ) . V)' .' l"" .... . '.. . ,. J '".. .' . '.. . .. ,~ . . " '{ j" ';;J ~ ' .' 0' . ~ ". 1 .' ~ ~. ) } J. \J' ,... S'., ~. 'f ;\ "j ~~. ~ -' .~ N ~.... ~. ~ 3..' '.,. ...' ~.,. VJ ~ ~. j J Ii' ~ ~.. ~ "k~ '~~ "> ~. \). J.J. ,~J. · ~ \J a' . .:.iQ "'. ~ 0..~'~.' ~.~N ~'.. f "J l' ~ . 'J~ ..' <__ ' \ J ~. ..~. ,,';s ~ .. '\. -.,J . .. . N J ~ ',:k .) ,J. f" . ...1 . J. \1\ '\\ · ~ c- , . " 1 . '1' .' {) \l'- ~ "I 1"' ' . ". . \~. t ."'-l '\I'" ",;, "('.. ~ ~J. 'J .'. ~. ~". ~... ~'. . . \'. ~....' ""-."'.. ~~~.. "J...)'~.':i'. f,. ~)....' ~..... ~... '. ~.' "... j ..' ~"..~'. J.., ~. ~'... ') J'l '- .' ~ 1~ , ,. .,'. \ ~ l/:j -J"l~. C' \I, ~ ",'1' ,1..,J "~ . '?J . \ \) ~ · ") ~')J . _ ~ w . " ~ -<' ~'1 . ~.' ~ ..' . ~'." '~".. " >........ ~.. ~.' "'.J "-1..4..... ~'.."''-I.!. }....... \...~...... ~.....'...,l~... ~.... '-l.' "~....,...' J..... 1...t. ~'.' ~..... .~... ~ ~ ;J. 1 ..-". J --.) 0- ~ .' "-.l.. .....:\1' "'... ~ /- '. . " ~ '" ' :'J 0 '<l "J ~""l. ~ J . . ~~ ~ ~ ,~\ ~ 0' J 'S J l' N ~,"- ~ >l '?\ <J -I. .:\ "'... .~ l' \0..... ~ '\1.' ~ ~ ~ " ~.. . ~ ~ ~.'., ..' '1'l.~. r ~,~ ~i. ~ . l:7. '. >\ '\\ J" ~,~ . ~. · ~ J ~ ~,... ) "" ,.~",~. '. ", ~... J ~.~ )., ..~'. ,,,/ ~ >' i ~ 9,' . ~!. t 1" . ") ~.\", '.' \\.\ \' ~. " I 'I J ., \J I'l..) j ~ ry. ...\ ,~ '" ," ~." ~,'\J \1. "l' 0 '-I. ' ~ ; '" .' Il~, '.. ~ ~.: '..l . J. J~..\l~,.,:,.. -~~ ~'.' '.'J,,~,;"~....'.'.'--!'..... f'..' ~.'. .~N~'... ~.j'... ?.J~ .' :J... ~..~ ~~".'.' \..'.... "\1:...... ~3' ...... ~: ....... .....,: ....~....~....j...... ") i::l \ -.. 1 J)-,.J.. · J" \\ . II . j' " i ,-J'\l . ! ........ . ,\ ' \..... ,>-' J . ' .I ~ '>i \l' . . ~ ~ /. ..;.,.i. i '- ~ "j.. .' "'''. J " '\ . ~~' '.. I 'i'. " ~. 1. . ~.' ' '-.... , - y' ~ \j "<' . ~ .' '. ,~, '-i J \l '.. N .' ~j,.;;::) N . . '>I.,. il. 'I-.!.... ).' -!. .~ ~.. ~..'. ". <l....~. L-. ~ J.. J. .~ '9. ..:1....1... ~...'" ~.... ~ 0....... Ph..... i...' '1'\.... 'J. ,~. '.. ~~:r x "\ "" :; l...~, .~'J ~ J 1 ~ '-. " ~, ~~. ~'~ ~ 0 ~ .q ~. ~ ~ ~:"...; I.... J.. ~.....1 ~ 'I ;J~ .~:. j... ) ~ ~ ~,~ '", · .~~ ~ ~.. ~'.. " ~ ~ ''\'') " ""~ ~ '),~ ~. [ . ~ .~ J \\l J' . N ~ ~ :i ~ "\ . ~ ~(j. J ~J ~v/ j ~ j ~ ::j ~Jq ~.. S) j j i . l~J~ ~ ~ ~ j / : ; ; : ; "> '$ ~ ~I ~ ~ ~ IJ ~. , , , . ":I .~ ,~, , ~J-. ~ )' ",. ~ J: ,~'~ .~ J ~ ~,.~), 4. ~ .' ~ ^' . " ).,l, J"" . ~ ~ ~ ~ ~ { ~;'~ J 1 ~ !i ~ ~ ~ ~ DJ ~ ~ ~ ' ~ 1~ ~11 '~ ~~ '1 ~.~ ~. ~ ~. J ~.," ','t.~ 'Il,:w"", ~ ' "J ~ '5 1 ~ ~ J ~ ..~ ~ 3 ~~~'J i ,,'~ ~ ~~, j J t,'., ,J ~~'J -3 ~ i ~"i ~ ~ 0 \}. ~ .,. ~ .. ~ ~ ~\ ,t', ,'l 11 J. "J j :} ~.j) ~ ~ ,~J ~ ,~j . 1 j) ,~,~ ~ 'f ~ f ~~, ~ ~~. 1 j i',. J",1,i .~ , ~ ~ ! J o~ ~ ~ ~ ~ J ]~~ · ;') · , '- ~ I : , ~ . l.--:J' ~,..:. ;" ~1 ; ~ ~ j ~ ~! \ ~ I~ i , ,I ! ,~ . ~ ! . ~ ~ 'Ii ~ ' ~ L ~.,. J \1.~ ~ ~i, 3, ~ J' ' ; , ~jl ~ ';J: J J J '1 (~ ~. I ~I ~ ~ i 1 't~ ~~; j 1 ': ~ 1 ~ ~ ~. ~ ! j i j ~ ~ ~. ~~ j\,,'~H ",_I ,ll,! i : .-- - i - ~ - I ; - ! ~ ! '; ~~,~ ~-; m r:/p>.?t:'7~-?j7) ~j>?67--rn7.:J ~ t? ~oI) ~7b~ '?7 '~ 7777'11 v7I7/'" 7f!J ~jP7J'~ 7777/n '7'-c~P7(V7)~/)' r--.'-?3) u7YYJ'o!ry~ ^~'?I ;~~td ...~ -"7 f(C'/7C'"l?7 l/'f;;J' l,,~ PI,T",!,,-,,!) ~t.,"?fVr-;c,0 <?) ''5 (J.J '7;.~ "~~~~ 7'~7Y to~D,.'l;) "~~~~ IiFri.'P7-07\'-'<"~' -}.'t-f'"1 ?7)"P?~ rrrn "'p-vvrrrv ~. ~r Lyf'Hl'P (/7"f./7{P) ~~ ./lp-rrfFV r77t"'YV"() 'e? ~ ~ r:-t-;L.?7 ~ C!?J"'17 r'7-x/('7/ ~'~IZ jrlY7(;?~7rY) ~"h77 C~/7;;*:p77/1<--"1) 77~ (7-9/ <7lJ ~77 rJ'tr) ~ 7l7<r'lJ 7~7-y-rrr-J ?7? 777 ? ?~~;TJ~'Y'7(/p if? G (l E7' "t/ (7 I;T!;;7 UC7n -4~ '~/"1??? .~ J/'Fl/ /)" '~ r"'-y-'~ ~-~-:,,?-r-)-;7J/ 7Lt7 ~/r}./ 70 r1?rr/) '7l 1':/0/7 ~7-?-' 79 ^,;?7L:/;J \?; IsYl c:f ~ C' f&; . fJ ~'( <'IU:'~ 'Z:7~ '~-?/ ~r ~'rA.....--)L~~ ~;r")-~?'J'-~rz ~ ~70' 'r;Y--7) Sr-w:/rTvvr;n?/ r-J?Z /7~4(,~,61 t/ 77/ ~/7?~ 'd? & / ("'" ~/ ',,?7/n ~-.L(;) -p'" /,f'TCI' r? ~ 17~"Z~ 7'?/TY?7) P7.7,?V tJ,.?~ 7t4~ ~"~~!d ~'oot5/' 7F~ 3cY:/?h ~~ ~~ r7 -;. ~"7J~ '!;2 ~:7~p< '~7J~'Y k ~..# I/" '777'7:;2 (/'9'/(.-7J? t-r..!t.~...,/\ ,....,~~-r) /.f .J? g IJ A ~ ?/ (7 "r;n e>'<7--"--;'~ 7'C(j d' /7) 0'V ~ '?'V;;7\P'~f "'"r7L 7-' '~ 01'/~ -po '1''1/ ~'-r.r-rTJrp '7V70/ ~/~ - ~ I .. \ ~ (R ,.;1 " . ~ ~ ~ ') ~'~ J,,7'< >- ~ ~ ~ > ~) ~ 'l ~~ ~ 1 J i !' ~ 1 S ~ ~ - ~ '" ." "- . '" ~ '- -; · "{ 1 I ~ \. ~ " J'~ ~'.;:. ~ ~ ~ ~ J ~ ~ ,,' N~.'~ ~ ~ 0~J .! ~ 1 1"'''' ~ ~ ~ ~"c ~ .~ ~,J~ ~ ~) J Jl ~ ~ j l~ J l . ~ ~ ~ ~ ~ , 1 ,2 ~ ~ )' ) 1 .' i~' . ~ ~ ~ ~ " ~ G . ~ J 1 ~ · 0 ~i S"! !~: ~ ~~,j0 )'j].' . ~.~ .~:ry. ~ll~ ~~ ~~ flilj~ ~ ~\3 ~ 1 t 1% , /i f , ~~ ~ ~ " ~ '-l ] ~ ~I ~ J! ,. ~' ~i ~i 'ii >', i.: ~ ii. ~~.'.' ~'.... r.,.. 'I '-I :"', , N ,,' ~' I '<. . ' ~.,i.. ~l ~i '.t.' T I "i \j) ~ ~. ~ ~ . .~,~ ~, ~ ~ ~ \'~! ~ ~ \.~, I ~: I "\J i 1 ! ~ .~ ~ ~. ~) ~ ~ i ~ J ~ -j 1 ' s ~ ')~ 4-l~ ' ~J~ ,j ~ ).} \j~ ~. '" ., ~ f' J, C' . ~ ~ ,i ,,~ "j'" ~ i ~' ,s ' 11 ~~ ~~~, ."~! '. ~ ) ~ ~ '~f ~ OJ} ..... ; ~ l' ~ -, Ni' , J j ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ . ~ ~ ~ ~ ~ ! ~ ~ ~ d ~ ~' : ; : : : ; 7 '01 '\,! j . , ~ 'j ~ ;,) -, \l '" \lJ ~? !\) ~ ~ ~ s~ ~ "'- ): ') j .~ j~ ~ . ~ ~ ~~ \" "'; ('\ J "j. '" (\ ~ i 'j)~ ~1 ~ ,j ~ ~ '\ ~ ~ ~! ~ 11 ~ j"l~ "-...t' . ~ '< ~ s~ J! S " ~. ~~ ~1 ~ 11 j \-"<- : I I' "- r'\i \ ~ '~ , . \. ;:r~. ~ ~ ~ ~ 'J ill i ~ N 1 ) ! ~ ~ '" "" \, , ~ q ~ j.. ~. \.. 'j.' 'I 'X r ". \. ~ ~ r.. '7 ~,\.\! . , t-.~ c~ . . ~ ~' ~ 0 j ~~, ~ ~ ~ l \\ ''0 "',~ I' ~ ~~\~~~ i ~~~ j'~~f J r~ ~~' :~ ~ ~~~?()' ~~~)'~(j~ 1~~~.~\5'~ ~ ." '7'l ~ '\. (" J f~i.~ ~ ~ ~ ~ ~ ~; ~0 ~ .~ \~ i ~ ~~. ~ ~ .~. : ~ ~ "'-J , , ! I i i ! /. ~ l , I '\ . .,'1 ..., :I~.i.t 4.......'k...'I. ' I '," .;." i ! ........... ---- -~ -~-~~- -"'_A_"_"_"_~'_'" _._____...__...~___._ ! \~ ~ '>:i ~" ~. ~ <\l'> \i 1 ~ -l' ,j d~. 'If' ~ ~-J ~ ~ ", ~ i~ ~ 0 \ ) .."~" ~~ ~~ I~ I i ..jl '\ JI ~,. J ~i 'i '''I! -.).'~ , ~ i >J "" ., {)'J ! ~1' ~ ~~} 0 i .J! ~ ~ J "'- \0 J~ ~ ~ y, \:J : - - ~::_.~~. J ~ ~ ) i '" \ JO -.) , ~ ~ ,~ ~ 'J ~ -;.~ ~ y " 1~ ~~ j ~ f' ~ V) f ~ 1 ~ ~ {~ 'S \n ~ 'Vl ~ )-: " 0- V\~ ~~ ~ I.'';;'' " ~ J J ~ 2 \l. j 0" '-.J ~ \ ~. ~ \ .' ~ ~ \j ">- J\. '~ ,/< J~~ ~ ~ cS >( ~ ~ ~ 1 ~' "~ ~ ;j ~ 'rL ~ I; '" J' 2\J .'>\i >., ~~ ~ .J. l ~l ~ '~ ~ ~ ~ : " ~,_, ~ J~ .7~; ~ ~ ~;~o' J j ;> 2 ~ -J. ~ "j ~. "" 1 ::: 'J' ) 1 ~~ 0 : ~ J'~ ~ )' ~ ~ \..; . -'\l ... ',.i J "~~~,~' J I J~~. ~~~ ~l s, ~J j: T~') ~-i} () J ~ ]- ~ j 1 r ~ ()' 't 0; ~ ~ ~ ~ ~. ~ ~ ~ 1~ ~ ~ ...~" y ~ ,~'. ~~ "l.. ' ::> ,J" ' "-' '\ .~ ~. 7j " ~'~ .1" '\J'" \' '" '..::J j' -.......; J ," " ~)- ~ ~ ~ . ~ .~ ~. .': ~ /.: ~.~ \; { . ~~i~~~~~j~c2~A~.~L1i} ; , - \ c :f' ~ (0,. ~.' :' -i ;~ .~,~ J.~ ~. ~ 1:.,,-.. >- '-"." ~' i-. ". ,,~ .,'" L ~ 1\ , ' , '\-, '...\" ~ .~ ; ':I b h. ' -f ~ V f' " i" I r " :; i" t " ~ '~, ~ ~ ~'~ + 'l. ,', , '4'~: ~ ~ :" , :~ '-P ~,,\ : K.... ~ r<'f h.~, 'f\. ~ ~~' r ~'"" f ~' [, ~" ~~-' r t ~ :~ J.t ~ i ~.. ' 7. i i ;C [,;~ ~ S '::' t.,\ "j ~ ...:c f ;~ i if' ..~ ~~ :" :..~ ;~ ~ ~~ i.,~. I~.. . I ~i ~ ! ~: I.,. f\ .ft ~ p. ~ ,~r\ ~,\ ~ ~ ~ ~ Il>, ; :":. '. 1 ! 'f"';' ~ ~- iF '''', .... , ' ~ 'i' " ~ i\ rt !~, : I, i ! , I ! ~ i~~' ~ ~ 'y ~) t' .~ ~ t ~ '~ '~ ..." ~,. '" ~. i"., f r" "'. !' " i~,. k. I.. ~ [ "', . I~/ [ ~ K < t ~ {~ '~i t ~r, i~~ f.... '1 [.,-, i,(llo, ~R.' ~'. i.' t ~. ~,"I ~. ' . V. A0 ~~. , [' t.. Z' ,,' ~ 'X I . ' r : 'k, i lc':'" ~ ~-J i }'( !,~ ~ t 't' i,' - i' r ~ I., ~" r. :~. i ~. i.,I"" i~. ~ " t i I~ ! f r f t <.l { ~ ;~ EJ ~ '\ :...f ~.... ~ r i l ~.'/ ~.f r. f ~ !~ 14' ~ I--~ r, ~ t !~. (' ~ ~ "'-~.. , r 0--., i"-. ~ to !~ ~ f' t " p~ t J. {' ~ ~ l ~ ~ : ~ i 'tJ ~ 1> i~ ~ ~~! j\.' ~ t & f!~ ^' ~ + . ~ ~ f~ if.,~. ~ ! ~ I III""'~'~ i'"K "'.....( "~ r' ~ r-- ~ " (" u :!' ~ K '~ ; ." . ~,'~: i',).., ,,~\ C E e, f;;:,,\\i,,' ~"" ':..~~ ~'t ~!,..f~.' ft, ~ I \ ~ [ i f' ~t:~i!f ~l..' ~ ~ ..~- ~ t tC~! r' ; ~ .~ ~~" ~) It(:, I t ~ · ""\ '^' r' !'\, ! ~. -~ ~ .~ "it;. i~ ' '(\ \ ~ 1'~ ~ i':~ .. 1" t. I I t I I r it ( o '-"~ t... ' I II ~) ;J j rrr (77/0 ~.. 0/7 (), I "~C$ -,;0 it <"<75 PFV '7'l /~, Nc/~~il o } 7t7 " (/' ~' 7 Jell cJ;-? \ 1'~7'-7j) ~~ . It);' S?"")C?'~ .?.;;?\ "} J7J/p-,! t / .,'" l ',' -r' '. ,_/ I~, " /1 1 -'] S ~'..("f?7-=-Y ~>/ ry-) r? ~.""tCf e (l 7?!! 'I '7 ~r:~,,--? gJ Ii r c:/. ;>((7')'~ p.,-y/ q! i t! ,,k--;:l--j /", ~'y'" ~(?-r7 -mIl II f~P?A ~?--o~ll ,! tt I.~ L....,--, "'-y ('.... ',/I J ]-/~:9 . ? 1 (J>//c/~ v' //1 P I. c%' J..... ~ '~ /. ("7 77:;;> 1;7"v tt---; ..-..,... 'l-Y"?--r-;J ,/ 9','L~7C' "",.jlq "zp / /,?' ...........-v---'y o ,";>7"'-;', """~" '(:1' ?f . 't? --. "':;';"/,/ ) 0dJ ?/) --"7-7 .? ('?~ .0 r )~I '1 /?-,-, C .....-;;? ,'rr-) I; , , / ~ I 1\ C:/1! e.? ? cI rl-;7.g; ;. ~ 1.../::") --. '" J.--V? ~ '~J' . rt) ,,;:,-r--'-"77'J"{ r-o ~ i/~ '~"}r>j) ""1 i ->-ry~~0 --p...77' / it , 51 . ...., l!'" e>cf Q?'~ cP (ltf('7? .-rv~ -p (? I" '~lJ h n--ryY1(? - .-----.- r-;VLI.r;; - c( .'J?::i '7# CXJcP C~()/ ~, --'~-<----',.,-'-=-'...".--_-.-,-~.._-~~ ,0 lYJ?/ 1'1t?f'> lcD - ,-" <7 ;'/ j ;'" c:7TI} /'>7 J7 /1'7~' -:/~./ t/;;?7r PI"\ //\0'\1'7) ;)"r7."I,/'J ./ <.../ r S" /.t'JPT7) ..~ ~0't/ :? lr .J{/J /?i1~r~ -,/(7 / 97J . '->-~j? ~ /,ff .c.'7'';)~ tI-9 / f?(7 q. I ",. ~uX .0 -1" '(-(I tt< (/ ,....' "),_...-,,', ',,0' ,,"} ,wi< i J /'J } " ~'-" /. ~ ; '1/ it / I I C '?rZv"?A,J' "11~ n ,-P'7'~ ~ n '-"ld (?J ,Ie--- .;Ie:- ---, t,..- J' --;; .7';) j;( ~.L4 7-y - tl) I"~ J d f~/? rr""----;' (/./ ~ "T- (/ ./// , IV T .- , ~ ~ - \ 'I' \. " ,~" S' ".w iI- " I<J "'- '! \. ": ~ ~r " '1 "- { r "'-. '-. ,~? t' t "t "'\;... ~ , " , "\ / t. '- ~ [ "~~ f ls '?- ,,~' :. ' { , f f ' i I' tt ~ r-% ~ '- l'-. ~(-.,f.,.~ ~,\ r- ~~ " ~\.; f . . "N.1'. "'r { c,~ i :1 ~r~f~1l ~~ ~~, "~, ~, j f ~ ~ ~ ~ ~ \, r '- -2' f;,.;- ~ ~ ( ~ ~ ~ ~ <( ~ IV, ;1 .~;-. ~ ~ f '" l ~~ l~j""f1' r~l ~ , t r ---. . r "". t {'. ~ ~:.{r ~ f t i ~ i ; t:j '" ~ ,~ \\ ~ :"- , 'rl~ ~>~ ,~ " :< {'\ ~ i~' i ,y , 'f ~~. '. i '. ~ ;l ~' .~ ~ ~ ~ ~ f' ,,1. , ~;~ t ~ \r{ } ~<. t f"'t ~ [ f' ~ 1. ~ ~ij ~1 1 {1~~ \ Q J ~ .> i r / ~ 1 ~ {f'~ ~ f '~ ,~ ~ ~y j ~, ~ .~-_...- ...< J . ) \ .'~ ~ '\ ~ ~~J i ~ ~ r- i i'~ ~ ~ ~ ~ ~ ~ '~ ~ '" J t I . ~ '\ ~ ",~ ",'/" > < ," j,.. ~ ~ " ,'-J J 'J.. \., '..7' ~. "\ J ~ ~ ~ ~ ~ "I ~ IJ ~. ,) ~, ~.. '~ ><, ~ ,J ~ "," ~ ~ ~ kJ ,I ~ j ~ ~,~. ~ ~ .~ ~. ~ v) ~ ~ j ~ ~~ f ~ 5 .' ~ ~ ~~} t"'\ ~~ ~ ~ lJ ~ J ~ -J' " ~ '" j1 ~ 1 5 : ~~, { v ,~j J '~ ~:;.~ f'~ 'j" 1~' ~ N :: ~ f\\ A~ i ~,~ ') _\ ,\ \~ '.,' - I ~ ~ ~ ~ ~ ~ \ J ( ~..:.) '-.J . ".,'", :";',.'~.J" " ~" "~. );,' '~, Q..,~ 1.. ~ ,.~ ~ ~ : 0'" ''''\: - '\) 1 J ,,) ...~~ '.,n ~~ ~_;, ~ J '<J~):.~. . ~J.. ~~.. ~ '" "J, -; ~,' ~ ';> ') -,.. . . .... ~ ~ ~ ~ " Z J. ~. >{, " " ~ 'j} ': j ~ ~' ~ ' "'l ,J 'Z' ~ .::, j 'J~' '.. ~ d'~" ) j ~ j " j J ")l ,~~jj:~~ij:~,~_J3 ~ ~,- i c ~,- .1.ii .l...~. ,:.1 .1~ .~., ~,., '. " " ! ' I , _0 .....-""..... .....~___ i ~ ~ ~,' ~~ ~-~-~i1-:\ ~'~J- -~ ~~ ~~.~.~ jpl~. .~, I F.~. is i' iI' tf ' ~ J ~ .~ ~ 'l-,. , 1< 1\ I ~, N~' ~ I,F ',; r.... ~ ;.,., ~ ~, ~, rC r ~.. '.,~. ~ . ~ I~ ~ I. ~.. 1, ~~. I." ~..,.' ~..~.) r.. "'. Il.... ;' ; r P " c, .~ '1. . .' "'.~ ~ ~.'" I" 'i '. · 'i II- '" "- " i'b. i~ !.r b '\ 1'.~ ~.' ~.." I '.~ ,\ ',~(r":,, ',~.' }", ".. i,..,.,,!, 1li,. ,~:,:,',..' '! 'I ~."" t",.".... ~,:.-,."." I; IN f ~ I ~ ~ t I :J~ it :t rt ( t'~ ';' ~ p - ~'" ,~~ t I ~ [I if t i r~ ~ ; r' ~ ~ ~ ~ ~ f r ~ t~, l t t f t It I~ ' ,(- i~ ~ "i~ ~~l>-'~ t, ~..~ ~ .~ I~ P ~ Ix it: it ~~, ~ ' j 0;,' ~ , ')..", ,. /;' -.,:(' C'\~ ir, ! Ii' , I" ,. i~ 'i i~,~ : ; ~'\'- i ," ,": i ~ ~ ~ Tl r...,',.,. I N I i<- ~Ij r r !~' t"r i ,.,' t 'f', ~ 0., '. 'S ~.. :,..r ~ ~ 'I'("! ff'0 ii' ~: ~.~., I i l~ i ;"''>. I ~ \: ~' · I' ~ ' i\.. i< ~UI' '~ ~ '-J , ! ~ ~ !.~ :"~ l,~ lfz ~,T 6- ~ i .L' ,.~,.q}': · ~ ~' ~ f ! i~ ~ F~ I; ~ if' ~ : ~I.. , ..f,~ ~ 'f : " ~r i' i ; ~ i ii' /;J if' l ", ' .J\. ..' I" i .,.~! t ,> "i~ a ~ I i"~,; i I ' n.. ! f'\ ~ ' ~, . 01\1 i ! , ~ ~,l F,! ' '", i ,~ ~ ,L i.~. 'r P :~ t ~ : i,,~ ... ' \ ' ' : . ,i ' I <:. K I " 't ~ ;~ i :, ,I '"' ~ ~.; '. t>., ~\, '. I~\' J.i,.,...t\, I...t,., I,..r fl., i.. ~', i..' i....i : i. ~ i ~ t\ :' ~i \., ',~.f'\l' ~ . ~, ~.' . ~ I ! ,~: ib i \. i 'iJ. .:--"<;, 't\.' · --r-.I" ,11.,.! ' ~'"\ i . ; , ;~ ~'t '~, r....~. ~.. 't, J., . :. !. !.,.t,', I : I K /'. ~. . ... .. ,/" i i' I ; i : ' t. ,f \.J" 1 " t ...~~.' !i I, ,I' ! " i. i ' ~ .~ "r~:, ' . :. ~ it,. 1'" ~ r: \,. ~ ~~ "j, '\' Y ~ 1 ~ \.~ '" ~ ~~ 1 t9 0 \ 'f .~J [f ~ '~j' ~ t I J'.~ ~ ~ ~ ~ J ~ i' J~. )\ ~ ~ 'Y 1 ~ <1... ...;11....... -{ ~ ' ,~ . · ~ ~4 : ,,' i J '1' ~ <I ~ '\~. ~ 1 \' \.~ ~ .~ j ~ ~ i i . '> ~J ~ ~ J ~ ~ rJ ~ ~ ~i4 i ~".'t ~ _ :j ~ 1 ~ : ~~.... J. ~ ~ ': ~ 1 ~ i I~ ~ 1 ~ ~ 1 ~tJ ~ J'j ~ j J~ ~ ~ ~ J) ~ f ~ ~ j ~ l~ N -J -< I, 0 ~ I 1 ~ ~~ ~t i ~ ~.. j \ ~ ~ ~ ~ 4 ~ ~ ~ > tf'i' ( ..:J ~ \1 ~ J :7 ~ I~~ ~ ~ -t ~ ~ ~ A J ~...~ ~. t ~ j ~ ~. J' J ~ '\ . :; d ~ sj . i ~ ~ ~,~ ~ .. "'~ ~<> r{. t-, ~ ~.J ~ J.. ~.'. f J . t ~ ....... ~,.u!~ ..~ }:...~.:.c~.,:~~~J__=~=~,~__l~~==~~~~.=~~.cs!,) ~ . /-.--r!~'~~/.'(b f'~l\'?';'l-t!;~:7~"~:;~n~~;F;~ ''-'7'7)tj1J 7WE[f~~>/tfP /t-!>z'<-/-'-}'(7cI77v rr;; pQ,g.~)(1JY'/) . ~ '/)7777) ~n _P""~"r7Tf""V77 ~ cYi7 v~t?/ -5'(/,; t; (fj? - ..51 '~(16 ~II <7'0 n~ ----r> ~I ~ -..,,4-/1 of!)n-'?jJ 1/ ~ r- I Ii -V,~ I, J}r;?7~ (,I //17djl D..,. :i (/~'1;? ~t%p '7'~/76 1; '~-"''''~"'?r) ~:;. j j 11 . il ',/, ~'/'''''. A r-- }.,.'7.....,..j.............,..,d t (,"" ./ J\J' -' "J' , '1' '~I I' 1\"4-r1/ ?~ ~'i / . j: 'e"-rr777J -....-.7"r~ c:.,.JL"'~"7 "fr) i', ;c1'"77 II ----r><-ri.~ C;flt:'J~ - --,'-<<"-"'7 17 c:- J--..~..r-y ~ 'i-J'> Illll ;/...'? ~'j? >..~ _7;C_-~.,-, ~'7J ~ r"j..~ r) ';5" () / II -ry~71 "-7""'rC/ . ~ A '''MZ.aI "7:; ~ T'~ 7 " '~j ,,-- · ". LJIl ~~-> J~- ,,1<--- -./,/ 711~?7; j '. 'I rl( 1 1/-/1 cK> A ,," T" I ~-r:I ~- r''';''''T>"?''7Y ----?tT'" II ~~- ~'~ -".'() .-.-:~ 1 ~ ~-v, II __/J.'[>' -5 I ? In"0~ ~ /"~~:;T7? /,() ~~ - I, f7^-~'j;--.lA..>tC/-:c; ~rr' "7,77-'-' .I'~.~) uT77?J ,..., :/7'79 P~"I)"'(,? (I ..-t..~ /\C..,,. or c/".) C?6 '" ;J '-;-7'7':>('1-'77 J"77-~-p(L A:7 "'Ir'r~') .),,,,,-? ~jlY ./()C/ ~Q.,----;;7 ~.<4" --...-,,~.-.....~,. ./ r;;P-W ~/ ---, II " .~ );7,-y;rp~"--'~'1 I A' vLA'-rJ "-:7 ~ ~<lj~'." ~ /'': ,. "1'--'7-<--{)-rt..4~ r-"~ ~~ '.IT";~ · J r7.Yi.....! ':-7 v r'r"Ltf72 ~<G'_ ~jP) ~r;? -'~~ '~.'" ;T:::) ",'T7'1- "" ./V--nct?) . ^"..,c.. i) i~ -e77 ;~ '-;A ~""':>j"'" 9/ (.~cY'PI~ -.~/ ~ ~..~'~.~ ~ ~~ ~r~ '.Wp -rvr(75' >.."......-..,...... ..,.,--.-. f7 I I, ";, , l'~ '{ , . ! .) ~ J \J 'J J! t -I, ~ (l....., ~. ... ...", ."\ -, :;. -", ~ S) ~ p ~ ~ \\ ~." '0 ",' ~. ~" ~J,i t~,} ~. " L ~ ~..j , ). I ~ j ~? i "" 't .'~~' ',,' ~ ~ 1 ;1' ~ r ' ~ ~ (~ -'" ,} r '.' J ~ ~ ~ , ~ ~. > 1 t. f '\ i j 4,p ~ ~ j '.. ~ ~~, . " .1\1 O.~ ~ '<l. ~ 'r ".'~i." f0 i '~' ~ q.. I "~~., v "'- ~ ': ..\' \:J ;: S ~,~ j ~i. '" ,) ~~ " ) ~ ~ I '" ~ '. .". J ~. ~;os: j . ~ ~ ~ 2 ~, ~. ~ t ~~" ~} 3 4~ ~ 1 ~ ~,~~ ~ '" ) ~ ~ ~ ~i ~) ~ ~' J d 'l ~ S.~ -<" ~ j ~ ~ j'~ . ~ i', ,~ ~ ~ 1 ~ ~'J ~ '" \\ \'" 7. ,,) "\ { ~ "J .. ':;, ~ ;:; i , ~ ~:---:l '" (1 r" 'l,,' .,J J ..c ~, ~ ~ ~ '.:t ~ c==c-~~c=?:c~}c:;: ~ ?:iii~~i~~==lj1'.i1~lJ~~i==.. ~.~ U~;{ , '-7;'" --. ~)1';:;;-C7?;--::;~-0----;-~-'7--1-~~:;-~;)?r--7-(7- 'J:-'-7.;~~' q js- ~- "'Y7? r?<-'---'r7777J-77--"~=Y~'~-.?- -~~- .. =?--P-,'-'''''r'??T/ 'rrp-(T~'~~~"?-'j?-- '. '~_. PY77-;j7-V- ~"""'"''':~..D__ _ ~?,_,::;L,d__~ ,p.-r1-X-. 0i'__'7?_~_,",21~~ r:'~~_ --.- '~p , --::-,~t7-'~Y7 ~ 'D/1. Z" I -'if ''1 ""7T'7/" :1[.-'(7,JR"1 "/1'_" ., > . ,.. / ~ TV / ~ ~n'H~~?~~ ~~',: :;>'77J~ )~7t?11 . ,c.'-~?r7-'~ -:A (,/ cT /->-?#-~-, ~ ~ p "=y'--'P~ 07J- ryT .P ~~ ~?7.r; ~7"b-;"l.i7Y' ,cg I 7V-i7'y'- .t~u--_. -"~..?7-~0u-;--."7':""')~'?:1nU '~~t7rYc/?7., J~-. ....;if , 'h=7""V i' ~i, t' ,gJG'1 ~ ~'~>? ~ ''Ln ~ -. ? 7 '~}'~P' ~...~~ j' -'-11'; r~""~ -(7) '"Y1f" "I? l"r'-'" .'r::? P '9",f"T'~ ' '.---. --u~;"b""~~'l75";~ ~ -; "l *' 7' (J (?74 :-")~' .-"),),?,,jJtp)1 --'-<~"7 ;;0:,") '3';#~-Y/~ "'j.~ ii"j'F-'F~ M?'~,\ .. t....ij f?' (7 I ~ t ~::~r"--r.j-~7;j3'?j75b'1' e;.:q,]r')-- '7--:='--=--':~~'-ii':Y3-"9 7~ ..,t "~" f"TTfYrJ ~"W ::'/717(77 Ire i ..-.--.- -.- . - --- --"'\ ~-.? <t ; i-',~- ,;;-1.7+ .......--- . ~J iiS'c7'7'/"~' -~7c,..,'"j J i7) 'yo (in '7)1 ~"~'77;-7~:r?7 ....-jif-f:;7?=z:l77.--:;Z.t1M~.::l....---.--f.-;:7-'~~~F-. ..~?/~t ~ · --"''7'j;Jiji ,)7~--d.v.rP=5' 77-,y"",,,-;:r) + ry:;<;' "'>'~-9 '7)' -'7~-iFJ?;-;1:';:7;;;:-=;='--~ ,,' '~"'OTY7t __._..u ~ -L~:~------~#-.?VJJ-.-~._-..o--;r~-...~.-.-.-~(?71--u--.---.---.- '. ?=cr-JF;f~-6:-;C?-i[P- '''.'P/? 7-j:'-?)---~7" '7'77-'?-r---(i-7) '.....--...--.---.- --~-_., -_._- ._.__.~.... I I I 1 'j ~ ~ ~ 'j ~ ~ > 1 J J' ~ ~j j f,~..~, \I) :> ') ~ '1 'i' '" J } \J, ~~ ~ ~ '''\J~1 i ~}-:t J ~ 'J J:J. ~~~ I \ J ' ,.~ ':: :'~ ~ J ~, ~ ~ J J. '" 'ti ' ::. J~J ~~,i ~l ~~,~ 1 ~~J~. J,~j~ ~ ~ '" ,} , "~ "!. ' ~~~ 1\ ~'J ..,; ~ ' )' r \\')>; ,". '\ ~ J ~" ) ~~ \ ~ ~ I -' j \l j ,.) ~ '4 ~ ~ v k' 1, ~~ .~ J ,S." : .,,1 ""J"'~: 'II" ' ., , "- ~ '\J ~,' 'k f, ~. "'J ~" "'"', '-J '-J ..J> ~) .' , " ,--) \i" ."\' J o ~~'~jj,j ~~J'~): ~J j ~ \J '< 1~ J~~, \; ~ I ~ ~ ",~ ~ J ~ ') ~ ~ ,~ ~ ~ ' "'~ J). .j~";Sl. ~ ,,~ ~ ~ '" J ~ ~ );:; ~ "j S " N { ~, ';>.. . j j ~ > 1 'N ~ 0 ~', ~ . .,J ".' '\ I, ~ 'j ~ ~', '~j 3 ~ ~ J,!"" J,,-J -l jt t f ~ ~'~ ,~~J (() 1 3 ~ ~ j,. j J t ~ ~: ~'<I J~ 1 ~~~~i ~"~~ "~~ ~ ~ ~~ 'i~'j~.,.),-l~,<l 3': ,;J.,~ ~ ~ ~ ~ ~~,~~s~~ ~ J~~~~~~~~~-~~~ . --- ----~- - - - - --- -~ ,~.._..._~-. . ..,..--.-..--,----.--,'. ....--.- "...-'-"- - -- -'.~ " "'_"'~"___" .___."........,.____._".__.....'~__.,.__.'u..-'''....-..,,-,-........ , I . ~. ~-~-r--~=~=-O"C~-=~ ~-=~ ~tt-rr rF~ ~ f '~}; !~ 1 ~~ ..i..~. ~ i ~.." l. ~ ' , ,t. j [~~ f. . ( ~ \.f... ~(\,. r t. 0 (>~. ll;. - ~ i ~ ~ ~ ~ V~ ~ t :. ). '\ .~, 1 . . 1 t it ~ ( ~.' ,.fl1Jt t ! . ~, -:> 1\. , ~ ': r, , ~'I : h... · t., 1 < .1 r. ~ \. ~. fc. <(.' -(' ~ '..~~ ~.~.. '. ~t J>... )..' ...~ ~ \ x~" ,t \ '<( ~~ .~ ~ " t' '" ~ r .r- u ~ . I I', ''R f f f~: ;' ~f f[:ff ~ ~ ~ r ~ ~ r :~f~~.f ~ ,f l' & '\ f ~t . . \ r tf. f'r .... .-i !~\'~ ~ ~~ \ ') ,t~ ~ )'fJ L.~ .. i ~ 'l rf: .~ ~ r ~ 4:' r. < ~ , .\ < . \.. ( ~.~ ,~~, ~ R ~ t' ~ ~ ~ ~ IT ~;,~,~ f :~ 7' r~ ~ l .~ \~~'D f, ~ '~.~,~.' . .~ ~ ~ [.o,~ rb. !t~ ( J ~ ~ l ' f { ~.. . . . ., .~ J ! { \\I ",Q' ..J J \.! N ~ ~ -j J ~ , - r f.J I ~ ' ~ ~ ~ ~ ) ~ \t N. :j ~ ~ '::' 1- ~ f 't :1 : ~ ::> ': ~ j ,,' ~ ,: ~ OJ , ~ j J1 1 i J {j ~ ,~~ ~,' '9, ". N I j > j ~ ~ j ~ ~ r- I~ j~ ~i ,:1 ) ~I ''j" J ~: ( ~ ~" \;j~ l' J J ''7" . ~ l ~ ..: ~\l~\' ,,~)-{~ ~ ~'Q~ -tj ~ )~~ ~ ~ J ~ ~ ~ ~ f' ~ ~ ~~ ~ ~ j J ~ ~ ,,1 ~ ~ J ~ f ~ ~ l j~j ~1 ~ ~ ~ '> " ") ') ~ ' ~ /~ ~ ~ ~ ~ l" ~ <J,J (\" \ l' i ~ '\j~j " I J ~ r I \ ~ j '1i ~ " ~ '1 \ j 'S \ ~ ,,\ d ~ ~"': ~ -J J ""-l i ~ " 3 ~ ~ ~ -; J ~ ~ . ~ \I ~ . ~ \ ~ ~ ~. ~, ~ ~ ,~ ~ sJ .~ '1' I' . ~ j "'-1 ' :1 ~ ~) ,~: ~ ,.:+ > ~ J 0 ~~. ~,J 'l \J ~ .'( . ~ '"" ",,-, "\ ,,'j, -.j ~ -<" \J "I "'-. :..) ~ _,. .? "'-l ~ " ";1 '"\ ~.) ..I \'l '\i ;. \J '\ ..~.~c ~,...~ J1~ j'S~c~;~i:~c~.~j}~cc1;c~ ~=~=J~c;-~"-ii. ~ ~ i ,~ ~ ~ ~ LlJ .~ ~ ,j '~ 1\ 0 ~ J "~ ~ (~ j " -J ~l ,1 ~ ~ ~. ~ ~~1 ~.l~ ~ ~." ~ ~ ~ N ~ ~ \::j 'n~ ~ '-' ~ , i i , , I \ \ ~ ~ ~ ~ ~ ~ -~~)=-s-~~ :~ I ~ :~ J~ ~~~--'- "1.- ~ ~ !~ '~ f! 1.~. ,~ ~ ~ ,r ~- ~...', ~.."" t. '~...r.'., f J: ~ r ,~ . ~'[' .. ~.' .....~ r.... ~. k ~.."J' ~. ~{ jt r ~ r .. ' ~ . t II N . i..L. K ,~ ?~ \ l' t ;~ ~ (i... ~ < !~ !~:~ ~ ~ :. I ,~, 1-. < !$ :l ~ i i~ ~ ~ I!~ l ,I , ~ t ~.'... ~.~_'..t.. ~ ' .f :,\ ;,~ ~ f', ~~, r r ~ i~ I []' i ~ f ~ ~~ ~1 .~ ~ J' ~ ~r. r t~. K l(A f f! I ~ i f ~. ~. .' '~. ~",\ t. / '\ . ; i : It\ (~) 'if I, ~ · ~ (I' [' 1f IV- t, ~.,,, ~., :...... ...'Z ). '~ i~ ~ I~ . Q .~ ,}' '~f i i, I~ I.' I 111\ ~ t' ''', ' f'~ ... .< i I~ J', .. '" e: ~ ~. u .. · \-.. :1'--. '\\ " :', , I ~ ~.' l., i....;, ...~ ~ ~ ~ ~ t :r I~! ~ f S(' ~ I k i', I~ !~ ~ I '~ . ,\, :'I-- '~N i ! '! i f..- ~ t :..11 I I.~: .~r ~ ~ . .'~. ,<:"'~'. . , ~ 'i, ' I.., - ."" ilJ. . ,. ,,,- ~ j i . i i It · r., t' i ' i~ ~ ~;~ k i~~ if, · ' t ,f '" i ! ' i ,I' ~( .J 'f if 4' r .t I ' , i : ((' it I : : i F- ~ , t I- . ~ ) '1' ~ ~ "\ ~~ j j ~ v ~ J. ~ i 'j,,~ ~ ~ < I ,~ Iv] ~ -;J,~ "~ ~ .,~ ~ (t ~ ... 1- '" ~ ,~ , :1 1 ~ ~ "Y ,"'~ \.:j ~. ~ ...! " ~ ~ ~~~~ '9~ . ~.~ \1 \ J J ~ ~ <I Y, ~ ) ~ ~ I' ~ ~ ~ "J ;j ~ , ~.~ ~ ,J ~ i <l ,~ ~ ~ '" 2~~~ j~ 4~ ~ I "\ ~~ \j. J ~ ~ - . .) >-~. > ~ ~ \ ~ ~ ..) '~l ~~ 'J 8 ~ ~ ~~ ~ ~ ~,~ > 3 " ~ -.j .....~\~ ~ ~ ;J~~,J...;. "" I '~ ~ "\.1 " "- ~ "~ ~ '-J \b~(r \. ) ,J (i"' : .,,'" \'...\ ,\ ~ v ..... '.....':. .~ ", j '- ("'0 ~ ~ ~ "" ~ i .~j 'f ~ .~ 4 ;,~ ~ J ~ ~ 4j i ~ " \ i ~ ~ ~ ";j v ... ,.... ~. 1] ~ :.f ~"9 \, ~) ~ 'I~'~~~~ Z ,j ,,'<1,~ '1 ", "< '" r~ 1 , '( ,(, ) i 's. ~ J ~ ? ~~lJ r 1 ( ~ ~ ~ ; j ~ ; ~ 1\~ S' ~ \ J ': .~ ~ ... ~ ~ '" 'l ~ \J (0 ~~ ~~~ " ) 1 ~ I ~ i? ~; 4 ,;q. (' ~ . 1 J j ,J ~. j <J ~. j. ~ ,(J '{. '1 ~. ~. ~ ~ ) <....j''J ~ r ,<-, ~:} ~ ~ ' 1 j ~ -; ~ {&.~; ~ ~.; t ~ ~ ; ~. i ~ ~ ~ ~ i ~ ~o . >cl ~ N " ,. ~ .) ~. f J'~ -1 '~ ] ~' ; '-: ~ ~ J S (/ i ~ ~ I j I" ~ ~ j ~" ...... .,J~, j ""'-, ;oJ , ~ ~ ~,~ ~ '(." ~~, I,> " j ) -1]5 .~~ ~~~~w:::~~\ ,- -~. - . <- .--:::=~)Y._=-. ::-::-~:::'''__''::=::-::::-_:::-'':_:::::'':h:_':='~'':::::-=_-::::::::'_''~:=:::: ~ - 1 , } S ij ''\i " ~ <:\.i .~ ~ ") ~ ~ 'J ~ J ~ ~ "1t <ol (~ ~ " (' ~~ ".,j ~ j '., ~ ~ 'd ~ ~ ~ J " -: J 1. ." '" .~ ~ J 1 f\ J ,. ~ ; ,., . ' ~J > y i. ~ '" " 4 '" '- ...; ~ ,$ 1 J r ~ \ '\J . J " 4 \ "" \ " \ J ~ ~ , "' "" Jv ~ ~ j~ -tJ ,~ ~ ~ {J ~ ~ i J ~ J ~ f' \ I ~ 'tS ~ "\\ ~ ~ ~ '" .~ -.l j J ~-+--~-_-~c--"_=~=--~",=== . -,_co;===--,_~ . - "f'! i -['. . . .' 'N f ~ r ~ ~t' f f~ r. f ~ ~ t ~ {r t ~ i~ r~ '1 J ~.~ S i' · ~ ~~' ~ ~'f, ~ ~ . ~ f ~; . . . ,f j\ jr . .." ~ ~ ! f:~ ~ t ~ ~ Ii; i l(~ l r J ~ t f ;, f l ~ ," .t ~ f ~, I~ f t, ~.~ 1- & ~ ~ F ~~ l ~ f r : r ~ f I,f ~" ~".~:, it ~ ~ f,!,} I, ~ is, . r f ~" ~ ~ ~ .~" f, ~ l' 1-,' l {:~ '.t ~ l :~ It, ),~ ~,.,., I, \.., ~ i '" ~ t ~. C r" ~ ~ v <:: <:. i . ['\...1:.\ it ~ :1 ~ ',l",r-I,', ,<,' ~,." ~, '" i~,,' ~ f " " ',~ ~),t~,'" C, ,.~ ~. i0) f., ',t,: t r-.j ~..~, i I :~ '~ \ .~ ' ~ ~i n~ ( ~ .~ u t ?- \0 ~ ' , . ~ Jf I r it l : r !~ f; f: r f f r~ t. ~ 1 W t I t~ i 1- ~ ~ i~ f ~ , ll: .f: r .~ \ ,~~ ~ f" j . ~ ~'.",~,~. '-' .$.. ~ "f r,' i~,i )", - ~ .t" ..r ~,',' I, ~,~ I, ~" \:: '\ ~"~, " ',,' f [ ~,'I'", . i ',~ ~,I · 1\ '8 1 ,I ~ ~ ,~~- '- ~ f i .~o ~ .~ ,}; . ~ ~.', I f ~.~. t~~t~',.'.t~~,o " r Ff ~ t t}t I L "~ .( \. 1 ~ ~ ' ~ll t~ ,. ~ '1 ,) ~ ' I 1 ~ ~ _ -i ~. ~ ~,~ , ,J ~ ~ ' "< ~ ~, ~,~ " y ~ . \ \\;\ ~ J f" ~ F- '-J ~ ~ N' i'\ L ~ j\ : J'J S " \" V ~ , J J \ ~ ~ ~ ~ '-l" ~ ~ \ ~ ---::;'Z1 ~ I '" ~ f. J 't 'i ~.. I ~ >- -;j J" j . i -; '- (j ') \::] \ ~ } ~ 'h 'D ~ ') N \. ~ j '(' ~ J ~ () j ~ .J ~ t ~ I ~ f ~ .w ~ j ~ ~ ~. \ SJ \ ~ j r 't q ~ ~. ~ ) . ~ ~ ~ 3 ~.~ ~ ~ Q Ct1 , ) ~ · ~ \ i > ~ ~ & J ~ l 3 J\ ~ J '0"~ ~" II 1 ' w~ d ~ ' " s; ~ ~ J' 't; .;: j j J ~:i. ~ ~ 1 J , ~~, ~~DQ)j~ ~> ~ (' Y, ~j~~ ~ ') J ('- p ;;,.) ~ , j \\ '~ ~ ~ ,j ro ~ '<l J~ ~ ~ ~ ~ x:t, _ \) j ~ ~ ~ ~ ~ ." i ~ ~ of ~ ) j' _~ \ . t ~~ ~l J ~ "J -~ 'f ~ ) ~<:, j ,\ :t ">.i. ~ . ~ '\-' ~ · I ~ 'lo /1 ~ ~ 1M ~ "J \ ~ J ".} ~ j ",-C . ~ ~ --J: t I ~;~ \\ ~ () ~ ~ ,1' ~ j' \:} ~ 'i ~ . r ~ ~ \~xh~~ ~.~~~~ ..j ,,} ~:)'~ ~ Jj~'q ~ ,-, I> \\ \l ~ ~ ~ f ~'i ,_ ~ J 'J ~ ~ ~ " 1 ~ ~ 'j ,~~ ~ ~"'! ~ '> ~ , ) ~ ~ ~ "i ~ ~ ~ ~ '\! ~ j j -1 ~ ) 'f} ~J ~ ~ ~ 1 ~ ~ l4 J ~I ~ vi ~ ~:1 ~ ~ ,6 f \ 1 ~ 3 ~. ';- -J. J " ~ .j \. "-..J ~) ~ N~ .....t 2,.,j ~. ~ \ ~ ,~r ,"> '<J '-, 1i~ ,,~ , W '1 ~ '" \.. ~, ~ } ~ ~ 0 t~ ~ 1 d ~ ~ ~ ~ : ~ ~ ~ ~ i j "~ ~ j~ ,,~ ~~ "c~~coc,,~c~ "" ~ ,~~~ : ~ :" : .. _~ :~~ ~Sd" :"~ =~ J ~,,==~===-co ~ ~ c:::..,;i .J~:~ ~~:. ~: ~ I _Ai--/c/~N~r-v- ~..7D .. '~~.~ ....'!:Z2. ./'''''4 'V? ~r ~~) .~ 7~ ~,~ "7)..d~. h"r7'J..~' .~~~ ~t:::JItJ /~- r-~c.~.-:ry;~''''~v.''''''''''-'~~ --.--- '~.p~~--..rn '7'"P1?'1'T.;P.r->~-rt_~'?J-rp rz~">~ --t~-~-;;;'~ '-;~'-.'^:;:;;:n"--~'-9~-.-~ ;:::.~~r . ~. -i>-~"'''?77/-'~';::;''-'--7'~~r7''~7''-- ..~1~b1 . -~:~_.'--r-;i<"'U.t:?i75 '-7J;:::=-;'-'-~~7\c~$'-~-"oPf:')U"(77? --'L-;7'9 .-~.---F7-:77ii7:777---"r;:rnv"-~"'~'{7..~~'7C/.'.'lX}...'o~ .~}~c~~ -'07 7----? 9" 7\~ ...~ l~ :Ll~- ~ p<j ~r ,,~ '-:'-:? ,~~ ' r'~-:- ,- ... ~ -H1' c> /J "7/ t -~ ~7' ~ >y; i'Y ~c;> 0777 ffP; T>:J r"7 i>-v -~ .~ II 'i F#/i"'iijj .AiP/, ! .r''- .. t>-?(7?"5' 'J;.:77 7'P?T 7;';T~' T7c"i.77P-"P::/}_o~;~ .0- "'V (j'''''P --'---'i\?"rY=Y ~-"'~-A~-~?i-r~o-ery.~-=:-.f"~""'.~ .~~ ...~. )(~~*C1/ .<?-?L rry..... . .~-:.;,...;-> .. _~_o_ . =:-:0 ;;..........)-~f:.Z-~. ~.~~.~ Fr1G:;~t;g. .. '~;CZf7 1 r(7-,-,~o--~~i /'-frp''-~ ~---ry#-________~- -~7e..~.o~~1. ~?) ~ f? ~- .~-.- . r7t~p'. "F~ ---:-7 1 ~(/, . ..-.-4----..~-~:~ 0 ...~:;.o-. '--r'.-;"'-~"~~-"i'~~'" '~;j)' ...~~:-;.~-;;.~.:.;r::;.:=.--~-.-7...--~:;;::;-~(/-..~_.---fP7;....o-o.f?-~-~r"?-~-..~..... . .... "'--'.'-~---r~.~-:;::.:xC~ '---CiP~;':"/~e;-'>i7?T~"-'n7?'/~ --..._0..... ..... -... ..ryr-::-.-r.'7?i;f7......--7~-i.:Y777-..~7:..~~7-.?--:O.. ~=rr;-'~~ ._..~-ry..n---.~--i'"-T7f~-pO..-..~..;~~. n ~..., p~::z:;Ar:.:yory-:-:+=?-~~..~~~ --7"~~'" -, ,r=::";~~~:~'~~'l ----. "'--.""---'''' .... .. . "'-."-'j=V"-7"'=:<7- .~~_.;=;.o_^ ~ "~~-~."7-;;;7:5'-'~'/~1---"o --.-:..------..-..........-- .~ ...-.-.~----;;=_:r? --%.-----..~~~i::fP7fi/\..-.~. .__...._..._M._.. ..-.(177=.cry..-=;777:::r)---.~.~~f7---. fZi---~-c=rtl .. ...~~ i t ~\. ~ ~ 1 .~ t D ~~ l' ~ ~ ':{ ~ ~ ~ 1 ~ > \ ~ "'1' ~ ~ ~.... ~ rj ; 'A ~ J I ~ {i '"' ~ :J ~ .~ J 'l \1 '\~ ~ '\ 1 ~ ~ <J j..)o ~ ~~ (j \~. t ~ " !' .... -( i ' Ii 'oJ '\.1 ) ,-, . \ V \ \ ' ;. '" '" 'Il ') I Ji. '-'! ,j , '"j... 'I y '{ ,j ~ ~ ~ ~". .- J . J '::\' ~. ~. ~ ~ j ~ J j \ ~ \:j ;:!. ,Y t 1\ -t.; - \ ): ct."i\" '4 ~ ~ ~~ J'" ~ (' ~1N0" n oJ ~ 0' '- ~ J' ~ J r I.,) ~ ~ "'" '" .' : '>-; ':-J j ~ _ 'i Co).J ,;:. "~" J ,,",, ~" !\ f ~ & \ ~ ! ~ ~ ~ 'S '. 1 '3 'l -;l . ~ ~ .~ ~ ~ ~ > J '\. ~ '0 :? r.'i ~ " J- d ; 0 J ~ ~ ~ ~ J j '> ~ ';) ~ ~ ~j ~, ~ ~ II "~0 '> ~ ~"~ ~ ~ ~ ~ '> ~ "")... ~ I t ~ 'r , 1. · "- ~"c~=.=. ... u~ )(c .~ ~. ~ ~.' ~. J, j..1D ..l~~J~.~~~~~=~. !;~~=~~=.~~?1J =..~ ~:,~-J,~<. c.>~~ -A- ~ ~. ~ ,,;~ ~, .0 '.,.., ""'J~ "".:>.~0 d;:, "~iib ~ "\..\ ~~ ~ -~ ~_4) ~ ~ ~,-~; "~\e ~3 ,~""~ <<l~ " <:~ ~ :> ~ p J~ ~ ~ 1 ,J , ~ ~ ~. ~ '" :... '0) ~ ~ J f a ~i \ ~ ~ I ~'CSI -"'~3' - "f"T?';fi";;rjf z;7-J {~tT~7-'r7J j' ("'C->7C;p '?I'M n 7' tdJ"YT . . 7JI Y:P7>C? tTrT cl77J 1"7) ClI .. 11 e.l~,~(Y) ~/ ~7/ II ../4,O?7'"i'"Pnt7.... ---rr~ p rr! r (.I.t) ~ 9 (I/') /\/; ~ eX 02 III -:'~11'/J -\~_ ; i '/,-;:''2(j Vlcn -0 /'--{./ I z.?-rr?j J.~:?f-~->.?rq '--:i"1"/~ "'),p ') J ..:" ~'----e? rr \;'?-7?;?]'F?'~ -;""9 ~~ ~lj , ., ~_/ I if ,", ./' (.~,i) u-.r;r..--;;J' j:"-r70' r-~'~~ 1$-,..vr)~:>7-.'7/i)r-) J.....,~~/;r:I/1 it' l'ill ,\--U..-,,~pI'~1/) eznr;<;; f-.V"-i2/~ 'cr..'12? ~~: ~ P7J1<-<~ T7 ~ -f/ 1Z--r-Y7 II ~ rn-r-L, ~. %4:;1 ~'ll'?'~'~ ~ ~ll ~ 7Jf-J" ~ AT-? .~ I, ~?-y;-~ I rp. ~ ~.. ~.. 7'~ ~.'.c4-v 711 .~. ~.. , ,,'-~-y;y9' .~ 1-jj' ~ . i ~"7I---Y/ e? 1"J"'r'[) '1 7_/ ~ ~ ~ ~ ~- A-rw j I ~ c::I~~ f7P7-",!/ I" 7.rJ - (7""77 --'?l ~-? 1 j ~~ - ---'~-'7' () ..~ ~.. ~--i-'"7~ ~/ d"C(7jj {/ . JI n'~ ~~v~~ 97J ~;~;:~ ~~'~~~I /~.-n:I. ='='7)'7' '~ ",f L,,~~~ II -~~~~...jL..~~. ~ .'-?~~' .(/--..r.~"C;~ .....~t vP J--r.(.,'?1' ~ ~~e:,I 7 -;-~rr'-r7~~7-?-~-,~~ "'r-Y~"'" .~. :--,...-',-t~ ~ ~:-'fl/7 (~ ,.~ .~.~.(PP7n=~n;Sh) ~ ._ ...~~/..;::~.r~~ ~'I I ~,~:t!-:::;; ;:::: /~~:;~~'~II II II ~cr~:~;~:~~#.. .11 ~_ '/.~ 'z.~'~-~cr~~r r:~-. /77~7~~0 [I H !l j! tl It II Ii ! [ , I ! I r' i I II I! j [ 11 77~ ~'~1/ _3 II ~"lt./C9 :/7/2' /~"'?"':~'A~Z--'~~~~ .' fr . Ll ,,/ I' ~ __?l::I'~e.? ii Yv-r~r~s ^:r t' C~~74l.,,~ 11 ~~.o4--;;~~ ~-- I /\~Tl Ii ~') -,y--';7 " '.' #(T~-~ ~h A IJ?-S r,~;,;t#twfY( '~-~1Z. ~,:~~ t7P:4";,~?i~~~,J .~t,-~~ .' -'I'~'~ 1fi 7t~ ~")~ "c. /,-cl:.P --~ ~/ tJ 't?/ /J Z (r~r-P (??-") ----c:-r;~;.?~ '";)0'-'('/ Z c:/ ~'Y/ c77'-tC/"', (1-, C?77-~ (.0/ -? ,. J2--->( L-; ~-~~ - 0 r?r~ , , A1'--T,' It-r-,r/'i71(/ /7,,()-r? rg--;) - ,~"'-::;-o.? i<p'o77 ~~ I . "'- _~6,L=--L-._~ I I ..) ~ r~ry-r;/} fl ;~rl~/ ~ !9"~': {?J . ,,' r j --{- - f ,f I I II ~ t ~ ~1/ ~-;!p~-' d~ ~ef2, 7?"~ .-f~ u,y-~?~oL~77 /"!..?77?-i (7"1t) ril ((?.:?0JL,.-;-r-r-; ~?11 , j :, '~A u~n c.-~-; rrJ e--",7r..) r I C(7"rydjii ;.~ r'~?'?'4'c/'T/ rf/ - ~C-, ~ (Pc? i1 .~~~ ~~-Y7?/ -t...1'~/ ~7 ~il r~ /'.q-~ '~7) "'L--:"...,7'~.?'~ / .7 -) '-n;l ~"7" 7Y7 !(/ ,-, T'f"" a-;t >7 l' rx/ (Yr7 ~0 I -- ~ /1 Oil it I! ! ! jot ! t 1 i ~. ! : i !~ If j < I : j Iii , i Lt: [l 1..)1 !. {i. i.." I.~. . :"-. I. i ;. I i i > I i~ I ~ C, t ~!~ " if f~'" ~ r,.'i~' ! it '~l.:. I ~ I., - ; i I I, " ! : . ! !' I...r ..i.f.~i: !.~ :'.~: i~ ! !.! \. ii" i : ~ i .! I,,, Irl~. I.R" :. i~ if . i . i it I L i . i~ ~ ~ l j" '~ !r. Ir. it. ~ ~ ir ~ jt !~~ II If' I j , !t\ I I\.~ ! ~ ) i I ~. If'~' If:" \ I I' .,: tt I ~ i (I !\ ! ii ~': : I f U), J j, ~ " : \... . ~ .... ~) " " i j ~ lJ' ii.. . .. )<. . ..... + J ) I J C::,' ..j' \IV} ~ ~ ~~J ~ \fl'. >), ., 'I '. 'j.. ':'J J . ',' j' ~.)j . cl t \ . . .. .......' ~.. ;.'.... . ~ \l) (V)' "........ '..' 1. ~... i ~.' ~. ". ~'.. /. Jc. .... 1.... Xl.'.' I..., c:>.... ~;"11 "< \ '. .." Iv " it' ,~..~~ ., ,.. . ~~ ~,. .. .. 1 ~. " ~ ~ '. . ~ '). J ". rI. '. J J:. <;:\ ~ \ ~." .1 1. 9.. '. I' ~ ~. \.,' ......\ .".. ~.." '. ~"'~' "". ~'. )l....'. ... . .~. ...\.... '..... ~ '\ ~ ~ ~ "" ~ ') ~ ~ i> II \1;~ ~ 1 ~ ~ J 'C'.. ~. -<\I '.~.. ~ )" \l .' J ." '<I." . '. '" -t J \. ' 1. '.' . " J. l' ~ ~. ' . ~ ~ ~ ~ '. ~. ..: '. . \' t)J r ::;,. ~ ...... It.. \\~./ / V .. '. \'\ f' . ~ .~ I .J .~ (' \ ", ~ ~ ~ j 'A ) \ 0- l' l ~ l\' ..., .' i" .'.. \\ '.~.. ~., . '..., . ,. · '1 ~,q ~ ~ ; f '^' ~ t ~ ~ \~~~ j 1 .~ .~ =c~="....... ... =".c~.~...;1,.J.. ._......~...t......... ..(. .... "'" ,... ...... ........ ...~....;~.=.J..:J-~._-;=~.~=_=ct=__:__~!. ~ ~~-\?- ~.~ ~. ..~ -:2~~~ ..~ I ~ ~t/~~. ~~.. ~... ~_~ q.....~d1 ~, ~ ~..~ ~~V~ .~. ....._~.~~:. I~..~c .~...~~ ~~ I &-~-yI' ~ {Z.~~ ->-'C::/.>t2dJl. -.cfh P-c-~ .... ~. ~ ~-c;... ~ c2-nL(l.LJl-~ ~ /2 0/ '9 C9/7 t'c d ~/J t2-.. C~ -~. - L.J~ K? 0-4 l~~ t2---?l-. ~ ~.. /70V. (,OM-hV j! ~ jl .Jt~~ ~/ ~L..L~~ CuJ&9c-x.V <4 #...v -j .... .~.~4 - c.-.l~.~ ~'If:,jd-L.t!?-( ?2-V~. 0 .._.1 i~j~~_lt,.-~. lIe~.~ mF-".~~J~_4.,~JAc~1 I .:J.<.M-. ~m~d.dhULv. .~~J-~4c&d. <i/l~ !~6d~7-j i2j e?~7 c.-i-- O/~-. ~ttI.e!-IC, II CsJ~ ~ d-L~ZV.. (~.u-i_.L./.. ~....d!.~ ~ ~-t~..~ 'I . ,/. ~. ~.- 0 . )i /?:1,L.f...L, ~ ~ ~V 9--0 ~ ~'" ~ ~ 1 [ . "- ! i -- " f i g'7 CL ~'--:f --/ C~';J"'~ ~'/ r're:Ja/; - . / . . . !~'&/-L.d - ..' ~'- ~. ~__~ ~ LL~ tJ.-,)LL~ j l!D.,-L t:tV~~ FJ t:~71-." V ~. L_A_/"?1.-). ~~ II .' / III 4...if2-<'"''''<ed!t......;..~f ~.d.../ ~~.. .P-..4-.. tt;;:Le~'1-4.,..4,4.,....a, i,. . / II h /L '-~a ..... /r~.~.? .~ ~ ..K U. ...... d'e.t:f'Y- 1 . ~ '{~~."' ~~~~:<4-~:~#---.. ~p v~~:_~_".:I'. ~/. ~~dJ~ dL-~ I I I ~ ~ ~ " ~ i !\ ~ ~ <.-, ! ~ ~ 'fi " r~ l ~. \' "'-::'==.===-'==-~:~":_'::":::::='=-=,=:=-::'----,---,-.----- t ., ~~ ~t ~ rt " ~ V I t J J t ~ ; J ~ .r 1 f ~ J~ 1 \'~ '+, 1'\ ',. \)1, '>1... ,,'I...,' ~ : '<l ) ~ I )' ~ v;j 1 ~ ~ .f ~ ~ ~ ~ J " J " 'j ~ j ~ ~ ~ ~ ~ ~. .~.4 f. {~ ~, ~ .j1 t' o~~ ~ ~ ~ ir ~ ~~ J N ~' j 1 ~ .J ~~ 1~ ~3~ ~~_~~~=~~~~~, "- . ! ~ Jf " . j 4 ~ j f ,'t.{ i I ! i ~:::L-H 1.::-_:::::: ~ I t I ~ ~~ i t. ___ J ~ t...... -+! ... J ______~ j,.. ..1. ! ji I ------- - 1. ,,~_ ~ I _ ._ _~.. _ .. ~__ -+~__- J ~ 1 -: .~~ ~.~ ~~ ~ .~ ~~ ~~~. ~'b~?\t ~~ f ~ ~ ~. g f ~ ~ ;} ~ l ' { " ~~ S ~ f' r ~ I' ~I. · r'. ...N.' r.. "~."..~.: ...~.'.. ~.~~. i~. il~. ~~. ~ j..: '.~ !~ ' .. ~ .~ '(" .~ 't . ~ { ~ t:\ ~ : .~,~ t t :; ( :' ;l ..' ~.'<f. .~.. i.,.. - "1"..f (I: ... .'. ..~...~ N&,..' ':.'~. \ ..\ . L.. ~..:., ~I.. ~.I'... ! ~ . :tl~. {!~. ki'l~ l' ~lr~i K i~~ ~ t ~ ~, ,f :~. I ~ j ~ ~. r ~ Ij.....~. / ~ . ~.' ~ ' ,.t. '" "'!~ l'. ' R... . '.. . i ~i. ..! ...~.. ,.1 ~ ;t " '., r ;,. f ~ ~ G ~ '" ir, ~1' ! t..' ,~ 'J F~ ~ ~ t t ~ r ~ , f:1 ,,~ If: ~! i~ I ~..; i~ ~ ~ f II} 1 ~ "1 t1 ! ~ 1 i j ~ f t )\r'\ ,'\I, ~ t. J ! o ~ 1,. ~.. ,~ ~ i.. ~ ~ '~i~ J ~ ~4.~ ~ '~ ~ ~J ,f~:J ~ ,~ 0J~ lj, ~,~ "" =~,~;,j ~). )j. I ~ '1).,,, ...J" 1 1 ';\. j ~ I 'j J- 1'.; ~ \.' I ~.~ J". I. /~... . ~".' '1 I '- ~ -;l J ,I ~ i, I '*"" ",' I ,1', 4 ';\ \ ~. r ,~ ~,~ 1 ") ~I,~ ~ ~.. ~ ~ ~. ; ,~\~, ~. ~ ~ r ~ ", '. "~" ~ ~i i ~ " ~ 'i ~ \l'." '\!. '>>' n <;I. . '. 'll " ~ '; r ~ 1i ~ J " ~ I C ~" ~ ~ > S' J ':1 ' ~ . . ____._______....~ ~ ~ ~ ~ ~ "} ~ ~ j r ""~ ". ~ ~. . .' · .,' ~".' 'J ~.... MMM': 1 ~ .J}j' A tl (J ~ ~ lJ . -- .... 'M, ......-....... '''J' :.. ~ ,..c:;:=c',cc:-=,-.:.co.:=.ct=cb.... _.:c... '.. ' . ... ~ ~- -~'- M, Robert R<. CQUN\ Jan Haug, Kristi StOVt Robert Gagne Barb Braner! ADMINISTRATOR Daniel J, Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREVIlOOD. MINNESOTA 55331 · (612) 474-3236 MEMO TO: S t a f f -,.....rr/ Dan Vogt Y1 ' May 10, 1988 FROM: DATE: SUBJECT: Dental Insurance The City Council discussed employee dental coverage at their meeting held on May 9, 1988. They made it clear that employee dental insurance is to be paid for in full by the employee. This can be done by a payroll deduction coming directly out of your payroll check. ~-,:--- Since it is nearly unanimous to go with dental insurance even if the employee must pay the full premium. 1 will proceed to have a proposal ~. from a provider back to the Council on May 23. For a group this size, 100% participation is re9uired. This means that even though a few of you were concerned with paying for the dental benefit, I won't let a few employees ruin the program for the majority. If we go with Delta Dental, which is a strong possibility, a waiver of coverage may be signed provided that you have coverage elsewhere. A meeting is being set up for a date early during the week of May 16 with representatives of Delta to discusS their program. you will all be invited to attend to learn more about their plan and discusS this whole topic further. Attached you will find information from Delta which should give you a better idea of their dental program. Please save your questions about their plan for that meeting. Let me know if you have questions relative to this matter. gs Attachment A Residential Community on Lake Minnetonka's South Shore Rate Sheet Businesses with 5-24 Employees (See reverse for additional rates.) Individual Family \~c:, 'b- '2> ~~e ae9'(j. c:, . (, \(,e o~'(j.. (, "\' e\;\~ . · 00c:,\~~~e Se~ <:(-.ec:,~ ~e~ ~c:,\~ e~(,c:, (,~-&e <j\0-i~e~e <Q?>~:P ~i\o~ ~~o~ ~o'\ ~~oc:,~ Oeo-J Delta PreventiveSM $ 5.27 $16.67 100% $ 0 Delta BasicSM $ 8.95 $25.95 80% 80% $25/75 Delta SelectSM Option I $13.55 $36.50 100% 80% 50% 50% 50% $25/75 Option II 12.35 32.85 100% 80% 50% 50% 50% $50/150 Option III 12.70 33.95 80% 80% 50% 50% 50% $25/75 Option IV 11.55 30.55 80% 80% 50% 50% 50% $50/150 Delta Premie~ Option I $15.95 $42.95 100% 80% 50% 50% 50% $25/75 Option II 14.50 38.65 100% 80% 50% 50% 50% $50/150 Option III 14.95 39.95 80% 80% 50% 50% 50% $25/75 Option IV 13.60 35.95 80% 80% 50% 50% 50% $50/150 *The first amount indicates the individual annual deductible. The second amount is the maximum annual deductible per family. These rates are effective January 1, 1988 through Oecember 31, 1988. 4 Delta Dentat ..... Businesses with 5 to 24 Employees: . Delta SelectSM Benefit Designs Delta SelectSM is a comprehensive, fee-far-service program that provides businesses with 5-99 employees an affordable dental benefit option. . Option I 100% Option II 100% Option III 80% Option IV 80% This comprehensive program maintains high oral health standards by covering diagnostic, preventive, restorative, periodontic, oral surgery, prosthetic and orthodontic procedures. . ~G'b 00s '/...~e Q\~~,e"e0 i\'S 'Os ~#"e ,?-e'V ~s c..e,,,\G aes\o ''0e~G ,"-\<:0'00 ,^e~Gs . (, "OJ . o~ " 010' :i.,'S" '"-~ . ~~ ~~ ~''b~\ ~~? \I~Y; 00G '0'0 80% 80% 80% 80% 50% 50% 50% 50% 50% 50% 50% 50~'o 50% 50% 50% 50% $25/75 $50/150 $25/75 $50/150 *The deductible does not apply to diagnostic anu preventive services. $25 or $50 anr,ual deductible per person with a $75 or $150 maximum deductible per family. . The employer pays the full cost of the dental program for each eligible employee and dependent (if dependent coverage is selected), 100% dependent enrollment is required. . There is a $1,000 annual benefit maximum, . There is a $500 lifetime periodontic benefit maximum. . Orthodontic coverage is not available to groups of this size. Delta SelecfSll offers various benefit options based on copayments, deductibles, and covered services. Businesses can tailor the dental benefits package to meet specific objectives and budget guidelines. A sophisticated claim processing system provides extensive utilization review thus containing the program's costs. . Businesses with 25 to 99 Employees: . Employees in this group size can see any participating dentist and receive their regular dental benefits. By selecting a Delta ChoiceSM dentist, however, employees can enhance their benefits: the deductible is waived and, in some cases, the patient copaym8nt is lowered. (See chart below,) Employees covered by Delta Selec~ can see any dentist - no need to preselect or designate one dentist. . 96 percent of Minnesota's dentists participate with Delta Dental. . Delta's participating dentists agree to accept Delta's maximum approved fee as payment in full. Fees higher than the approved amount will not be charged to the patient. . Employers with 25 to 99 employees have the added benefit of using Delta ChoiceSM dentists - a special network of member dentists. By doing so, subscribers receive additional benefits such as no deductible, reduced out-of-pocket expenses, and in some instances a lower patient copayment. (See accompanying chart - the option selected determines the extent of the enhanced benefits.) Additional information on Delta ChoiceSM and a list of these participating dentists is available. . If a nonparticipating dentist is selected, out-of-pocket expenses may increase. . The Delta SelectSM Difference . Delta SelectsM Benefit Designs Option I Regular Dental Benefits Delta Choice5M Benefits Option II Regular Dental Benefits Delta Choice5M Benefits Option III Regular Dental Benefits Delta Choice5M Benefits Option IV Regular Dental Benefits Delta Choice5M Benefits Delta Select'sSM limitations mainly involve "elective" treatment, and pre-existing conditions (missing/unreplaced teeth). In addition, employees play an active role in decisions regarding costly treatment. Treatment covered by medical plans is exempt from coverage. 'b fO~G 00 ~~e r\\~g ,,'00 v ~,e i\'S 'Os ~~e ,?-e'V ~s '.;'l\G s\o' '0'\(, \<:0'00 ~(,S '?J~S\(, se ~~\o' ,?-e ~,o~\'I\>-6\0S ~,os'S'e "vi' (,\\" '000 '0 1 00% 80% 1 00% 1 00* /80% 1 00% 80% 1 00% 80% 80% 80% 1 00% 80% 80% 80% 80% 80% 50% 50% 50% 50% 50% 50% 50% 50% 50% 100% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% ~GS <1>00 0<0.\'1 50% 50% $25/75 $0 50% 50% $50/150 $0 50% 50% $25/75 $0 50% 50% $50/150 $0 * 100% coverage on simple restorative IiIIlngs and emergency treatment. **The deductible does not apply to diagnostic and preventive services $25 or $50 annual deductible per person with a $75 or $150 maximum deductible per family . The employer pays the full cost of the dental program for each eligible employee, 75% dependent enrollment is required (if dependent coverage is selected), . There is a $1,250 annual benefit maximum. . There is a $500 lifetime periodontic benefit maximum, . Orthodontics is an optional benefit at additional cost. There is a separate lifetime maximum of $1,000 per person and a 12-month waiting period. If a group enrolled in a dental program with orthodontic coverage transfers to Delta, the 12-month waiting period can be waived. This summary brochure is subject to terms of the contract. . . Delta Dental's Advantages [ mployers: IiI Quality and cost control through full-time claim review by consultants. No funding of unnecessary treatment. 1!' Flexibility to choose a dental program that meets objectives and budget limitations. . .. Easy employee enrollment and simple monthly billings, Q No handling of claim forms. III Educational materials are available to introduce the dental program to employees. .. Delta is easy to contact - headquartered in Minnesota. Employees: I': Out-of-pocket expenses are limited. Participating dentists will not collect any unapproved fee from the patient If Freedom to choose any dentist. however, if a nonparticipating dentist is used, out-of-pocket expenses may increase II Estimates show the employee's share of major treatment expenses prior to the work being done, !II' Claim forms are already in dental offices and are submitted directly to Delta by the dentist. . Enhanced benefits are given to employees who visit a Delta Choice dentist. This reduces out-of-pocket expenses . Answers to questions are only a phone call away. Delta is a local company, . COVERAGE: .. Diagnostic & Preventive Examinations, once per 6 months Full-mouth x-rays, once per 5 years Intraoral x-rays, 6 per year Bitewing x-rays, once per year Panoramic film, once per 5 years Prophylaxis or perio-prophy, once per 6 months Fluoride treatment, once per 12 months .. Basic Services Amalgam restorations Anterior resin restorations Prefabricated crowns, once per 5 years Endodontics Nonsurgical periodontics, once per 2 years Surgical periodontics, once per 3 years Surgical/nonsurgical extractions Other oral surgery Space maintainers Emergency treatment, dental pain Anesthesia (general - in dental office) . Major Restorations Restorative crowns, once per 5 years . Prosthetic Repairs, Adjustments Denture adjustment, not first 6 months Denture repairs Rebaselreline, once per 2 years Tissue conditioning, once per 2 years Recement bridge Bridge repair .. Prosthetics Dentures (full and partial), once per 5 years* Bridges, once per 5 years Alveoloplasty Vestibuloplasty . Orthodontics Appliance therapy, minor Comprehensive orthodontics Diagnostic procedures *Initial placement for at least one natural extracted tooth while covered by program, For a complete list of covered services and limitations/exclusions, refer to the master contract. Q Delta Dental, 7807 Creekridge Circle, PO. Box 330 Minneapolis, Minnesota 55440 (612) 944-5252 or (800) 862-6042 Outside Minnesota (800) 328-1188 / ---:""..--."7 . ~ " "'"'-.. << '" ", ". \" '\. ~, ~~.~, >'-':~": .,~~ ,,'.., ,."",," " I Delta Select~ ~ Delta Dental~ May 8, 1988 Shor~{ood City Council: Shor~{ood Planning Commiss ion: City of Shor~{ood 5755 Country Club Road Shor~Nood, Mn. 55331 Members of the Commissions: I am Mary Hayes UlriT'1~, CO-OTNner with nw sister Nancy Joyce, of the property at 5C:;50 Shore Road. The content of this letter is in regard to the ad.iacent property at 5570 Shore Road, now mmed by Mr. & Hrs. Robert Miesen. Last February nw brother, Jerry Hayes, 5560 Shore Road, and I met r.nth the Miesens to look over the plans for remodeling the res idence at 1)570. At that time i{e '{ere sho~m how a second story "TOuld be added to the then present structure. They also showed ,{hat remodeling .,muld be done to the first level. At no time during that meeting ""as there any indication or discussion about razing the existing structure. ....J In order to aid the Miesens in p'aining approval of the plans presented to us, my brother and I signed a letter indicating that we, as neir'hhors, ,{ould have Iii obj ection to what they planned to do. We gave the letter to them to use, if necessary, in getting their plans a-pproved. This is not to say that had they included the razing of the original structure in the -plans presented, tha.t we, as neigh- bors ~TOuld have ohjected. lI-y point is that demolition"WIilS not included in the -plans present that we ap~oved '3S not" heIng ob.iection'lble. I understand this project has no'" been put on hold. live are concerned about the hazard that eyists30nthe property. ~fe request that proper safety -precautions he taken at the site. '1e would suggest removal d)f the debris and fencing off the site to avoid any injury t 0 in1uistive children Hho live and play in the area. Sincerely, . m~ JJ~-.J~ Mary Hayes Ulring 6033 Kaymar Drive l<):iina, Mn. C:;5436 cc: Planning Commission T. GERALD HAYES 5560 SHORE ROAD 'Jtur 1.. c, D D SHOREWOOD, MINNESOTA 55331 , - _a cr: I 7 ~ iT .,;r ~ ~~ / ~~~. . 4- W~aAe. ~ 4t ~ .:lO ~ ~ d S-~.7o ~ kauJ. ~ I ~""tt4 ~ ~~ 11vI+~' ~ ~ tu-~ k2:~~ ~ ~ a.:o $.e ~ ~u. U/.It.. ~ v ~. · ~ 1.fMc4.., &fAt~ V-~7f'- ;tu .. '~ ~ ~ ~ ~L~;:;: r ~~:t: J:fr AX)i) k ~ we.M ~...~ /WUo - .. fJP'W~~~' ~~ I "AILf~ 7:; k ~~&it4UH.. . ~ r~~---,..c..J ~ J ~, W-t..- ~ :au. k~~..W~tUe ,. ~ ~ MZl- tUr ~..u.., tvL K ~ :vt. M aM. ~ (~~~~~ ..t4-. · . f~. tVf. ~ ~~ .M- f ~:m.~~ ~ ~~~ ~~~~IJ4,.J~ ~ Dental Insurance Page Two If the Council favors offering dental insurance to its employees and chooses a payment alternative, I will have vendors meet with staff to discuss coverages. A recommendation will then come back to you as to the recommended vendor to provide dental insurance with the best coverage and value to the employees. Please contact me if you have any questions relative to this proposal prior to Monday night. Also, I would be interested if you have any ideas as to alternative vendors to provide the coverage. slq Attachment cc: staff CITY OF SHOREWOOD PLANNING COMMISSION MEETING WESDAY. 3 MAY 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Vice-Chair Schultz called the meeting to order at 7:34 P.M. ROLL CALL Present: Vice-Chair Schultz; Commissioners Spellman. Leslie. Mason and Benson; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Chair Watten and Commissioner Robertson (both excused). APPROVAL OF MINUTES Spellman moved. seconded by Leslie to approve the minutes of 5 April 1988 as written. Motion carried unanimously. Leslie moved. seconded by Spellman to approve the minutes of 19 April 1988 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Bert Monten - 5045 Shady Island Road Planner Nielsen explained that Mr. Monten is requesting a two-foot setback variance after the fact. He was issued a remodeling permit in 1984 that did not include the attached garage with living space above it. which subsequently was built 8 feet from the easterly side lot line. Mr. Monten explained that he had planned the addition to what he thought was ten feet from the lot line. A recent survey of his property incidently shows a discrepancy from the original westerly side lot line causing his lot to be two feet more narrow. The discrepancy does not affect the side lot line setback for which he needs a variance. Public portion of the public hearing opened at 7:38 P.M. Chuck Ostroot. 5065 Shady Island Road. said he is mainly concerned about the elevation of the house - the garage addition is at least 2 feet higher than the house. He said he is also getting more runoff from Monten's lot now and some dirt has been washing onto his property. Neighbor. 2 lots west of Monten. said he doesn't see a problem with the setback variance as long as Monten is building within the Building Code requirements. Public portion of the public hearing closed at 7:49 P.M. Leslie said she is more concerned about Monten's building without a permit at this point. It wouldn't seem reasonable to require him to tear the structure down. Spellman said that the building activity should have been noticed by the Building Inspector. Planner Nielsen stated that the inspector does not go out to Shady Island as often as the mainland of the City. and it is the builder's responsibility to call for an inspection. Mason suggested increasing the violation penalties. Minutes Planning Commission Meeting 3 May 1988 Mr. Senn said that he would prefer not to be required to construct a four-foot fence along the southeast corner of the lot. He said the trash enclosure will be located there providing something of a screen itself. He would like to have signage able to be viewed from Country Club Road. He does not want to dedicate the 17 feet of r.o.w. to the City along Country Club Road. He would like to be able to rebuild the billboard in a new location rather than relocate the existing structure. He said he will not know exactly how large the fast food building will be until it is leased. and approval for conceptual plan is being requested at this time. Public portion of the public hearing closed at 9:37 P.M. without comment. Spellman moved. seconded by Benson to recommend to Council approval of the conditional use permits and variances subject to the Planner's recommendations and contingent upon the dedication of 17-feet of additional r.o.w. along County Club Road; relocation of the billboard as it currently exists; submission of a signage plan which will require further approval of a separate C.U.P. for multiple signage. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 9 May 1988 MATTERS FROO: THE FLOOR None. REPORTS Council Liaison Stover reviewed the previous agenda items. Planner Nielsen reported that Wayne Pokorny has requested reconsideration of the Council's denial of his South Forty Addition preliminary plat. The Council has directed staff to review the new plat and set public hearing before the Planning Commission at its next meeting. ADJOURNMENT Benson moved. seconded by Mason to adjourn the meeting at 10:25 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 4 -