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022706 CC Reg AgP CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 27, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 13,2006 (Att. - Minutes) B. City Council Regular Meeting Minutes, February 13,2006 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Approval of Multiple Dock Facility License - Shorewood Yacht Club LLC (Att.- License Application) D. Concession Operation Services Agreement (Att. - Director of Public Work's memorandum, Agreement) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENT A TIONS 6. PUBLIC HEARING 7. PARKS A. Report on Park Commission Meeting Held February 14,2006 (Att.- Draft Minutes) CITY COUNCIL AGENDA - FEBRUARY 27, 2006 PAGE 2 OF 2 8. PLANNING - Report by Representative A. Conditional Use Permit and Lot Area Variance to Build on Substandard Lot (Att.- Planning Director's memorandum, Resolution) Applicant: Rohan Lund, Inc. Location: 27695 Island View B. Zoning Code Amendment - Day Care Facilities in C-3 District (Att. - Planning Director's memorandum, Ordinance) Applicant: Shorewood Village Shopping Center Location: C-3 Zoning District C. Discuss Boulder Cove Development in Chanhassen 9. GENERALINEW BUSINESS A. Park Commission Appointments (Att. - Administrator's memorandum, Resolution) B. Planning Commission Appointments (Att. - Administrator's memorandum, Resolution) 10. ENGINEERINGIPUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. RECESS TO WORK SESSION 13. RECESS TO EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW 14. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 Executive Summary Shorewood City Council Regular Meeting Monday, 27 February 2006 . A 6:00 Special Meeting will be held this evening to conduct interviews for the Park and Planning Commission . A Work Session will immediately follow the Regular City Council meeting Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: There are no staffing items for consideration. Agenda Item #3C: Shorewood Yacht Club has applied for its 2006 multiple dock facility license. Approval is recommended subject to the owners' compliance with L-R zoning distri,ct requirements and tJIe conditional use permit for the property. Agenda Item #3D: The Park Commission considered an agreement with Mr.,Russ Withum to provide concession services at Eddy Station in Freeman Park. Mr. Withum provided concession services in 2005, and Staff is pleased to have the opportunity to work with him again. "Concession services will be provided from May 1 - August 1, or when sports organizations use of Freeman Park is in effect. The contractor will pay the City $1300 (an increase of $100 from 2005) plus $100 for each tournament. 'Approval of the Agreement is recommended. Agenda Item #7 A: Park Commissioner Robert Hensley will report on the February 14, 2006, Park Commission meeting. Agenda Item #8A: Tony Lund proposes to demolish the existing home at 27695 Island View Road and replace it with a new home. The 19t is substandard for the R-IA1S zoning district, requiring a conditional use permit. Further, the lot will not meet the 70 percent of area requirement for a buildable lot. For this he ha.s requ~sted a variance. Given the structural condition of the home and the existing problem with drainage, the Planning Commission agreed with a staff recommendation to approve a lot area variance. A draft resolution is attached for your consideration. #. f: . PRINTED ON RECYCLED PAPER .." Executive Summary - City Council Meeting of 27 February 2006 Page 2 of2 Agenda Item #8B: Representatives for the Shorewood Village Shopping Center have applied for a Zoning Code amendment to include day care facilities in the C-3, General Commercial zoning district. Staffhad initially recommended that the use be included as a permitted use, subject to a number of special requirements. After considerable discussion, the Planning Commission recommended that the use be included as a conditional use. That recommendation is reflected in an attached draft amendment. Agenda Item #8C: A number of Shorewood residents have expressed concerns about a new housing development proposed for property on the south side of West 62nd Street in Chanhassen. The developer proposes to plat 36 residential units on approximately 13.5 acres of property. The density is between three and four units per acre, which appears to be consistent with Chanhassen's Land Use Plan. Staffhas been asked to comment on the proposal and will raise two areas of concern: l) drainage in the area; and 2) traffic. The development is proposed to be served by a cul-de-sac street extending off the south end of Strawberry Lane. West 62nd Street is located half in Shorewood and half in Chanhassen. Since it is not known whether Chanhassen notices property owners outside of their city, we will be sending notice of the 7 March public hearing in Chanhassen to Shorewood resident within 500 feet of the proj ect. We expect that some of our residents will wish to address the City Council at Monday night's meeting. A copy of our staff comments will be forwarded under separate cover for your review before Monday night. If you have questions relative to this item, please call or e-mail the Planning Director before the meeting. Agenda Item #9A: Appointments to three positions on the Park Commission are in order. Two terms will run through February 28,2009, and one term runs through February 29, 2008 (to fill the term recently vacated by Judy Farniok). Appointments are made with approval of the resolution. Agenda Item #9B: Appointments to two positions on the Planning Commission are in order. Both terms will run through February 28,2009. Appointments are made with approval of the resolution. CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, FEBRUARY 13, 2006 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 5:45 P.M. MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING D. . p. l1.,..... .F..' T ' J"~ ,} ~'.....\l Iii "4.oi1 .. Mayor Love called the meeting to order at 5:45 P.M. A. Roll Call Present. Mayor Love, Councilmembers Lizee, Turgeon, and Wellens Absent: Councilmember Callies B. B. Review Agenda Without objection from Council, Mayor Love proceeded with the Agenda for the meeting. 2. INTERVIEW CANDIDATES FOR CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION The following candidates were interviewed for the consideration of appointment to the Planning Commission: A. 5:45 p.m. Jeffrey Jibben, 26300 Oak Leaf Trail B. 6:00 p.m. David B. Hutchins, 19560 Silver Lake Trail C. 6:15 p.m. Gene Steine, 5960 Galpin Lake Road D. 6:30 p.m. Nathan T. Shanklin, 21165 Minnetonka Blvd. E. 6:45 p.m. Bruce Gniftke, 5995 Ridge Road 2. OTHER There was no other business for discussion. 3. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Special Meeting of February 13, 2006, at 7:00 P.M. Motion passed 4/0. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk =if ;z A CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 13, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING D. ..1, '~.;". $...~...... f..' T ~,~-~, J'I ~t;.. Mayor Love called the meeting to order at 7:05 p.m. A. Roll Call Present: Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Planning Director Nielsen Absent: None B. Review Agenda Item 3K, Traffic Restrictions on Broms Boulevard was removed from consent and added as Item lOB. Item 12, Recess to Executive Session - City Administrator's Performance Review was continued until the February 27th City Council Meeting. Wellens moved, Lizee seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 23,2006 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of January 23, 2006, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 23,2006 Turgeon moved, Callies seconded, Approving the City Council Regular Meeting Minutes of January 23, 2006, as submitted. Motion passed 5/0. C. City Council Work Session Minutes, January 23,2006 Wellens moved, Lizee seconded, Approving the City Council Work Session Minutes as presented. Motion passed 5/0. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Item 3E, Approval of the Park Coordinator Services Agreement was removed from the Consent Agenda and renamed Item 9B. Item 3K, Traffic Restrictions on Broms Boulevard, was removed from the consent #J.-D CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 2 OF 6 Agenda and renamed Item lOB. Item 30, No-Fault Sewer Back-up Insurance Coverage was removed from the Consent Agenda and renamed Item 9C. Lizee moved, Callies seconded, Approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 06-014 "A Resolution Approving a Temporary Gambling License for Our Lady of the Lake Church event at the Minnetonka Country Club" D. Approval of Electrical Services Agreement E. Approval of the Park Coordinator Services Agreement (This item was moved to Item 9B under GeneralINew Business) F. Adopting ORDINANCE NO. 420 "An Ordinance Amending the Shorewood Zoning Code to Allow Impervious Surface in Excess of Twenty-five Percent for Nonresidential Properties in the "S", Shoreland District"; and Adopting RESOLUTION NO. 06-015 "A Resolution Approving Publication of Ordinance No. 420 by Title and Summary". G. Adopting RESOLUTION NO. 06-016 "A Resolution granting a Conditional Use Permit for Frostad Development Co. at 23505 Smithtown Road". H. Adopting RESOLUTION NO. 06-017 "A Resolution Prohibiting Parking along a portion of Wood Duck Circle". I. Adopting RESOLUTION NO. 06-018 "A Resolution Denying a Minor Subdivision for George Danser at 5840 Christmas Lake Road". J. Approval of Agreement for Engineering Services from WSB & Associates, Inc. K. Traffic Restrictions on Broms Boulevard (This Item was moved to Item lOB, EngineeringIPublic Works) L. Set Public Information Hearing Date for Storm Water Pollution Prevention Program (SWPPP) Public Hearing M. Authorization to Submit Pay Equity Compliance Report N. Approval of AFSCME Council 5 Labor Agreement O. No-Fault Sewer Back-up Insurance Coverage (This Item was moved to Item 9C, GeneralINew Business) CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 3 OF6 4. MATTERS FROM THE FLOOR There were none. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS No reports, as the Park Commission will be meeting on February 14,2006. 8. PLANNING Commissioner Gniffke reported that during the Meeting of February 7,2006, the Commission continued its work project discussion of three Zoning Districts, as well as several of the items the Council would be moving this evening. 9. GENERAL/NEW BUSINESS A. Amendments to South Lake Minnetonka Police Department Joint Powers Agreement Dawson reported that the four cities' attorneys had prepared the Fourth Amendment (since 1998) to the JP A (Joint Powers Agreement) and have all expressed their agreement that the new form accomplishes the amendments all four cities had agreed to in concept. Callies questioned why in Section 3 of the proposed Amendment the allocations of the percentages were not applicable and whether the formula on p.5 applies in any situation or merely in disagreements. Dawson stated that the Amendment replaces what had previously existed, though it may repeat some previous provisions. He added that the agreement acknowledges the cities' commitment to honor increases caused by various agreements; however, expenditures or anything beyond those commitments would be subject to the adjustment process. Mayor Love stated that the new Amendment captures the problems faced years earlier with regard to normal operating costs and personnel costs which increase. He pointed out that the percentages to be paid by the cities are the same as those in the existing agreement. Turgeon moved, Lizee seconded, Approving the Fourth Amendment to the Joint Powers Agreement for the South Lake Minnetonka Police Department. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE40F6 B. Approval of the Park Coordinator Services Agreement Callies asked whether Community Rec Resources (CRR) would continue with its current partnership, as one member had relocated, and whether the service provider could foresee not exceeding the original figures proposed in its contract with the City. Kristi Anderson, CRR Representative, stated that the Coordinator Services provided to Shorewood locally would continue with regard to monitoring, communication, etc.; whereas, the out-of-town representative would attend sports information meetings and take an active role in reporting. With regard to the not to exceed portion of the contract, Anderson noted that CRR has continually fallen well below the estimated allocation for time and dollars. In addition, a first-time increase in the CRR hourly fee would not impact the proposed budget amount. Callies moved, Wellens seconded, Approving the Park and Recreation Coordinator Services Agreement with Community Rec. Resources for the year 2006, for the amount not to exceed $20,250. Motion passed 5/0. C. No-Fault Sewer Back-up Insurance Coverage Wellens asked what the deductible for the no fault back-up coverage would be and why the additional insurance is necessary according to staff. Burton stated that although there is a $500 deductible and the last claim took place in September of 2003, the City believes it is important that it be a good neighbor and help with clean-up issues faced by residents. Brown explained that, even though the insurance company ruled that the City was not at fault in the mechanical failure experienced in 2003, it has been the City's practice to help make things right with the customers. When a problem occurs, residents might not concur that the City has no fault; therefore, it has been City practice to help with the clean up, which goes a long way and makes good sense as a policy to avoid potential litigation. Wellens questioned how the coverage might impact a commercial structure, since the coverage would need to be divided among several smaller offices. Brown stated that Public Works checks lift stations daily and has installed a new telemetry system to alert staff of any problems since 2003. Since the repairs have been completed to avoid such circumstance, Wellens asked why the coverage was necessary. Burton reiterated that in the spirit of being a good neighbor, the City wished to continue its policy and underwent a great deal of underwriting to qualify for the coverage. Brown stated that it has been City practice to have a vendor come in and assist the City with the clean-up. He maintained that, if the system failed and a case arose in which 30 homes were impacted by clean-up needs, the coverage makes good sense. Though she liked the concept of being a good neighbor, Callies pointed out that there were many exclusions to the coverage as presented. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 5 OF 6 Brown stated that when a back-up in a home occurs, the City goes in and performs an initial investigation. While it is both stressful for the City and the homeowner, the policy has always been to go in and perform the clean-up anyway in order to make it a workable situation for all. Though he was unaware of the policy, Mayor Love commended City staff for taking a leadership position as this would be a classic time to step in as a City to assist residents. Turgeon asked if the City would be able to handle power outages of 72 hours or more and based on exclusions, what determines whether the city would be eligible for FEMA Assistance. While he noted that the City does have back-up generators for each lift station to get them through most power outages up to 72 hours, Brown pointed out that other telemetry and high water alarms are set up to alert staff of most other situations. Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 06-019 "A Resolution Establishing Limited Sewer Back-up Clean up and Property Damage Protection for Municipal Sewer Customers". Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. County Road 19 - Smithtown Road Intersection Cost Projections Brown reported that staff has been working with WSB and Associates, as well as representatives of Hennepin County, to project what the final costs for the project are anticipated to be. While the project remains within the original anticipated budgeted amounts for construction, Brown noted that matters relating to Xcel Energy and burying utilities had not been completed. Brown pointed out that the hold-up for finalization of the right-of-way from the Southshore Center is actually due to the condemnation proceedings of the adjacent car wash. Turgeon asked why there is still a City lien on the Community Center after 10 years. Brown indicated that he would investigate and report back. B. Traffic Restrictions on Broms Boulevard Brown stated that the City authorized staff to make traffic control changes to Radisson Road in order to discourage cut-through traffic from the high school. The traffic control changes included installing additional signs restricting turning movements onto Broms Boulevard during peak house. As proposed, Brown stated that the signs may be objectionable to the Holiday gas station; therefore, Brown asked that the City Council postpone the establishment of the proposed signs until the next agenda to allow him time to review whether the signs restrict 'thru' movement or turning movement altogether. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 6 OF6 B. Mayor & City Council Mayor Love stated that the Fire Board has held two meetings and will be holding a third next week. He noted that they have been positive, with little controversy thus far, and members have been striving to build on previous successes achieved with previous processes. Interesting to note, Mayor Love stated that the acting Fire Chief pointed out the difficulties any new Chief would face performing his duties as a firefighter when he has been belabored with so many additional administrative responsibilities. Turgeon stated that there is a need to appoint administrative help to the Chief. 12. RECESS TO EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW (postponed to February 27,2006) 13. ADJOURN Lizee moved, Wellens seconded, adjourning the City Council Regular Meeting of February 13, 2006, at 7 :43 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk PAYABLESAPPROVALS For 02/27/06 Council Meeting Prepared b~) Michelle T. Ny, Sr. Reviewed by: ~ Bonnie Burton, P' nce Director /' Date: ~ /rJ3/~ - / J ccounting Clerk Date: Ot./P.a/~f, Approved by: Date: IJZ. 'J3. fJi Crai./ awson, City Administrator 4P3A PAYROLL APPROVALS For 02/27/06 Council Meeting 'f!:-~ Date: 3/,z!l /Ij, Michelle T. Ngu n, Sr. Accounting Clerk '4 - I Reviewed by: ~ ~ Date: r;t.J..LJ/.uJtJf Bonnie Burton, Approved by: Date: 02, ,)3./)~ Crai awson, City Administrator , MUL TIPLE DOCK FACILITY LICENSE CITY OF APPLICATION SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331 . (952) 474-3236 PLANNING AND PROTECTIVE INSPECTIONS (Please Print or Type) '.". L~ SITE -,' ) L I'^' 'L.J-:- C2,---f2.-c2~ Address: />("0 (.,1. r\,. '--- :/.- , ^/' /}- Jo~ Lot: D I.. ") Block: Subdivision: (\utyrT'OI~c; SL) F) D - ~ '3 ..... IS P.LN.:Y-/-1I7-l-?-1-I"a)~-il d- ';--I-117-L-:,l...\ -CJoL;'J.., OWNER (:y MRI t'L j J\B BrIL) R- 195'~ ToJt.A-t';)A-- 72.0 At) (Street) ') _ '\ _ lAd - } {IRON CJ tafJ (City) (State) )tJNCe.. \ AQEHI' g~MANAGEMENT REPRESENTATIVE (if different than owner) Name: /~'II CI-IAIZ _. Ail({ o;JUl.,/ f Address:-Z31 3 f)j) $r: (Street) \ EKcd ~/()f) J 1111 A..J . (City) Name: Telephone: ( e'L) ~-cjt'l - 2.S:!3~ Address: tJ":;- 3~[i (Zipcode) Telephone: ( q ~lJ Lf 7 () I {; c{ J ~-$331 (State) (Zipcode) NUMBER OF BOAT SLIPS (AlITHORIZED BY CONDITIONAL USE PERMIT AND LMCD) 117 Initial ~()lllpliance: In signing this application, I hereby acknowledge that I have reviewed the requirements of the Lakeshore Recreational Zoning District and agree to arrange for necessary inspections to ensure that~y property complies ~'i{heso,-' . j"'/'" follow.up: #3C " MEMORANDUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public W?rks DATE: February 22,2006 RE: Concession Operation Agreement At its meeting on February 14, 2006, the Park Commission recommended approval of an Agreement with Mr. Russ Withum to provide concession services at Eddy Station in Freeman Park. Mr. Withum provided concession serv.ices in 2005, and Staff is pleased to have the opportunity to work with a good; honest, and reliable concessionaire again this year. The contractor will provide concession services beginning around May 1, or whenever the first organized sports events begin. Concession services will be provided Monday through Sunday from 5:30 to 8:30 p.m., through August 1, or whenever the summer sports organization use of Freeman Park ceases. The contra,ctor will pay the City $1300 (an increase of $100 from 2005) plus $100 for each tournament. Payment will be due to the Cityby August 18, 2006. A copy of the Agreement is attached. #-3D n f . PRINTEC! ON RECYCLED PAPER .... Independent Contractor Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT, made this day _ of ,2006, by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation with its offices located at 5755 Country Club Road, Shorewood, Minnesota 55331 (the "City") and Russ Withum (the "Contractor") . RECITALS WHEREAS, the City is engaged in the business of providing municipal services including park and recreation opportunities within the corporate limits of the City. The City has constructed a concession/restroom/picnic facility in Freeman Park within the City known as Eddy Station; and WHEREAS, the City desires to provide concession services to the patrons of Freeman Park through the facility of Eddy Station; and WHEREAS, the City further desires to enter in to an agreement with the Contractor for the operation and provision of concession services. NOW, THEREFORE, the parties agree as follows: 1.) Schedule of Operation. Contractor agrees to provide concession services Monday through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first organized sports events begin. Concession operations will continue through August 1, or whenever Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United Soccer. Contractor agrees to coordinate operations with the Park Scheduling Coordinator. 2.) Contractor Responsibilities. a.) Contractor agrees to be present each day for openmg, training of sales volunteers, and all duties involved with closing the operation at the end of the day. Contractor agrees that if for any reason he is not able to be present for any period of time, while the concession operation is open, he will be available by pager or cell phone for immediate assistance at the site. ATTACHMENT 1 b.) Contractor agrees to be responsible for the cleaning and maintenance of the conceSSIOn area. 3.) Contractor Payment. The Contractor agrees to pay the City $1,300 plus $100 for every tournament. Payment due to the City August 18, 2006. 4.) Purchasing. The Contractor agrees to purchase the necessary products and supplies associated with concession sales at Eddy Station. 5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine, cash register, pop cooler, refrigerator and coffee machine. 6.) Termination. Either party may terminate this Agreement, without cause or reason, upon thirty (30) days' written notice to the other party. Either party may terminate this Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to meet deadlines, criminal conduct, or breach of this Agreement. 7.) Status of Contractor. As intended by both parties, this Agreement calls for the performance of the services of Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. a.) The manner and means of performance of Contractor shall be entirely at Contractor's discretion. Contractor is free to employ personnel to assist Contractor in providing services to the City, but such employees shall be Contractor's responsibility and not that of the City. The City shall not provide Contractor or Contractor's employees or agents with any benefits from the City such as workers compensation insurance, unemployment insurance, health insurance, income tax withholding, or social security contributions. The City does not control the performance of Contractor and Contractor accepts all risk of profit and loss flowing from the services provided under this Agreement. All expenses, must be borne by Contractor and shall not be reimbursed by the City. Those expenses include furnishing Contractor's place of work, payroll expenses, taxes, and Insurance. b.) Contractor shall conspicuously identify himself to all persons and organizations as an independent contractor and shall not represent or imply that this Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither the City nor Contractor shall be responsible for any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of Contractor's business or caused by Contractor's actions, failure to act, conduct or negligence. 8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement unless such damage or liability arises from or in connection with faulty or defective materials or facilities provided by the City. 9.) Entire Agreement. This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement All agreements as to payments to be made to Contractor for particular projects must be in writing. 10.) Severable. In the event any portion of this Agreement shall be held to be invalid the remainder of the Agreement shall continue in full force and effect. 11.) Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or to the principal office of the City, which ever shall be applicable. 12.) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SHOREWOOD CONTRACTOR By: By: Its: Its: CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, FEBRUARY 14, 2006 5755 COUNTRY CLUB ROAD SHOREWOOD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Davis called the meeting to order at 7:01 p.m. DRAFT A. Roll Call Present Chair Davis; Commissioners Westerlund, Moonen, and Hensley; City Council Liaison Wellens; City Engineer Brown Absent Commissioners Young and Loheit B. Review Agenda Item 10 was removed from the Agenda to be continued at the next regular meeting. Item 6B, Bids for Manor Park Planting Project was added to the Agenda. Hensley moved, Moonen seconded, Approving the Agenda as Amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of January 10, 2006 Hensley moved, Westerlund seconded, approving the Minutes of the January 10, 2006 Park Commission Meeting as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meeting Brown reported that the City Council adopted the Park Coordinator Services Agreement with Community Rec Resources. He commented on what a good job the contractor has done in the past and stated the City was happy to have them on board another year. Brown continued, noting that the City would be using Steve Gemey, ofWSB, to assist Brown as Acting City Engineer on occasion. In addition, the Stormwater plan public hearing, as required by the Pollution Control Agency, was scheduled. Finally, Brown noted that he provided the City Council with a summary cost projection for the County Road 19 intersection showing a construction budget due to be on target, though other items such as ROW, undergrounding utilities, and acquisition costs have not yet been accounted for. B. National Recreation & Park Association (NRPA) Membership Cost Brown explained that the cost to join the NRP A was approximately $465 annually and would provide for both professional and citizen memberships. Though not in the CUlTent CIP, he asked the Commission to consider whether they felt it was worthwhile and a fit could be made. Chair Davis encouraged the Commissioners to visit the web site to make a determination. Hensley stated that he would support a citizen membership of $55 for the Chair to join the Association as the Commission Representative, if that would include all of the same benefits. dt7! PARK COMMISSION AGENDA TUESDAY, FEBRUARY 14, 2006 PAGE20F6 C. Update on Freeman Park Wetland Project Brown stated that he had learned just recently that the City of Mound has approximately $60,000 in Wetland credits which it must use and would like to partner with the MCWD to locate a basin project in Shorewood. While the Freeman wetland project is an option for the funds, Brown explained that the funds could also be used to improve the drainage issues and complete a clean~ up project off of Wedge wood and Amlee Road. As this has been a problem site for many years, it occurred to staff that this might be a good concept or solution to improve this public piece of land and possibly provide a connection to the LRT. Westerlund asked whether the low lying parcel was already a wetland site. Brown stated that this was not necessarily the c~se. .FIe ,asked for. Commission comment indicating that the funds could provide the opportunity for a trail extension and resolve an ' ongoing drainage issue for the City. He stated that, with Commission support, he would like to explore this concept further as a way of enhancing a shoddy looking area. Westerlund stated that her question was whether the Freeman Park Wetland Project would ever get done or whether it was simply a 'pie in the sky' concept, as the necessary funding would likely never become available. Although she understood the rationale for using the available funds to complete a small scale project such as this, she questioned whether the City would ever be serious about the Freeman project. Brown stated that, certainly, the Freeman Park Wetland Project would be a huge undertaking and that, perhaps, the $60,000 could be used with a matching grant of some kind to begin completion on phase one for the Freeman Park project. D. Update on Astro Turf for Batting Cages Between Fields 1 and 2 at Freeman Park Brown reported that Little League owns the Astro turf; however, are waiting for the Babe Ruth league to raise the funds for the installation. 5. COMMUNITY REC RESOURCES YEAR END REPORT Anderson, of Comml.mity Rec Resources (CRR), summarized the 2005 Year end Report for Park Coordinator Services for the city of Shorewood. She mentioned that two additional Sports Organizations, Minnetonka Lacrosse Assoc. (MLA) and Twin cities Men's Baseball enjoyed access to Shorewood Parks in 2005; that a new documentation collection process streamlined the collection; and that little or no parking issues were experienced in 2005. Anderson indicated that all organizations complied with timely requests for documentation and that spring sports schedules were distributed at the spring meeting. In addition, an online weather notification system enabled sports organizations to learn of timely field cancellations and via ongoing communications between CRR, city staff, and the Community Center alleviated most if not all parking issues. Though the fall sports information meeting was well attended, the Hockey organization continues to be absent from those talks and relies on individual coaches to reserve ice time. Anderson explained that this continues to fly in the face of the processes established several years ago and asked for Commission comment and support. In addition, TF A, the football organization, faces ongoing field condition issues as bare spots cause safety hazards for players and lighting concerns need to be addressed. PARK COMMISSION AGENDA TUESDAY, FEBRUARY 14, 2006 PAGE 3 OF 6 Anderson thanked the City for their ongoing support and mentioned that the Spring Sports Information meeting would be approaching soon, at which new 2006 schedules would be distributed. She complimented the City on its ever increasing numbers of passive as well as active users, successful Music in the Park community events, and concessions that fill the public need. Brown concurred, mentioning that the hockey organization continues to be a problem, though he did not go so far as to kick them off the ice for the year. He asked for Commission comment. Commissioners agreed that the policy must be enforced for all organizations and recommended that staff deny them access ifthey do not choose to follow the established process. Brown stated that he would have notice sent to the hockey organization to reiterate the CIty's . position and policy on the reservation of facility use in Shorewood. He informed the Commission that this would likely bring a reaction from the hockey association. 6. UPDATE ON WINTER ACTIVITY A. Determine Joint Meeting Date Chair Davis stated that both the cities of Tanka Bay and Deephaven expressed an interest in being a part of a community wide winter activity. Several dates were presented as potential joint meeting opportunities to share with the other communities, April 4, March 28, or April 18. B. Bids for the Manor Park Pond Planting Project Westerlund stated that she had contacted five companies to ask for bid proposals for the Manor Park Pond Project, to which she received 2 actual bids. She presented both proposals to the Commission for feedback. Fortin Consulting toured the site and submitted a bid of approximately $5,500 with a very detailed cost breakdown including the implementation of plant materials. The Kestral Group also indicated that they had visited the site and put together an estimate of $4,300 for consulting and design plans, excluding plant material. Chair Davis asked for an estimate of how many volunteers would be necessary to assist with the project. . . Westerlund stated that she had alreadybeen contacted by 2-3 neighbors who had read newsletter articles and were interested in lending their support to the project. She felt no more than a dozen would be necessary for the day of implementation. Brown asked whatthe next steps might be. If a recommendation was feasible, he suggested the Commission move to allocate funds from the capital park improvement fund and make a recommendation to the City Council to accept one of the bids. Westerlund stated that she would recommend moving forward with one of the two bid proposals put before the Commission so that they can begin the design process for spring. Hensley asked WesterIund which of the two bids she would supp011. Westerlund noted that both came from reputable firms, though Fortin had visited the site with her and was willing to attend an upcoming Commission meeting. PARK COMMISSION AGENDA TUESDAY, FEBRUARY 14, 2006 PAGE 4 OF 6 Brown stated that the Commission could recommend the city proceed with the professional design piece, as the funds are available for park planning, and wait to authorize the further expenditure after viewing plans. Chair Davis stated that she would like to see the plans before proceeding with the implementation anyways. Hensley stated that he would like to be given two distinct concept plans to choose from or with an estimate of the hours necessary to complete each. Hensley moved, Moonen seconded, to recommend the allocation of funds, with a cap of $1,500, from the park improvement budget to have FCI, Fortin Consulting, develop two concept plans to preseIlt to the Commission for the. design portion of the~anor Park Pond pr~~L . Westerlund noted that, at times, bid proposals are bid out as a package and noted that the contractor may be counting on both the design and implementation pieces of the proposal when they submit their bid. Motion passed 4/0. Chair Davis stated that this might be a good idea to share with the LMCC for programming potential . Westerlund concurred. 7. 2006 WORK PROGRAM Chair Davis asked if the City was interested in acquiring 'Inventree', and if so, she volunteered to learn the software to begin using it in the parks. She noted that the city has numerous stands of trees in and outside the parks worth preserving. Hensley asked whether the City had access to a knowledgeable forester who could, or has already, identified trees worth preserving in Shorewood at less cost. Brown stated that the City was familiar with a forester or consultant to assist them. Westerlund agreed that a tree inventory of the stands in Shorewood worth preserving was important to put together either via software or a consultant. Brown stated that he would review past LCEC minutes, contact a consultant, and discuss the details with staff and report back. Chair Davis stated that the Tree inventory should be part of the city Trail Planning process. Westerlund asked for clarification with regard to the Commission's duties pertaining to Open space. With regard to the work project for the Silverwood slide, Brown stated that more investigation will be necessary this spring, since the current slide foundation has been eroding causing safety concerns for stabilizing the slope. PARK COMMISSION AGENDA TUESDAY, FEBRUARY 14, 2006 PAGE 5 OF 6 8. CONCESSION OPERATIONS Brown reported that Russ Withum has agreed to operate the Concessions for 2006 and that staff is recorrnnending approval of the agreement. He pointed out that it is nice to be building a relationship with a good, honest, reliable concessionaire. Hensley moved, Westerlund seconded, to recommend formalizing approval of the 2006 concession agreement. Motion passed 4/0. 9. MUSIC IN THE PARK A. Review Budget Brown reported that the budget for the Music in the Park was estimated at $2,200 for 2006. Westerlund asked whether the Park Foundation would be willing to make a donation to the event this year. Chair Davis stated that she would attend the Foundation meeting the next evening and explore the possibility of their support. She indicated that she believed the Commission should go forward with signing the Magician for the children's program during late June/July. Hensley stated that he would support Chair Davis and Secretary Grout formalizing the entertainers for the season. Chair Davis moved, Moonen seconded, to hire the Magician Inside - Motivation Magician for the Children's Sunm1er Program in June or July. Motion passed 4/0. Hensley moved, Westerlund seconded, to allow Chair Davis and Park Secretary Grout to put together a recommendation for the 2006 season, which would be sent to Commissioners' for brief comment, and moved forward in a timely manner. Motion passed 4/0. B. Determine Potential Entertainers / Children's Programs C. Fliers and Promotions D. Suggestions Hensley suggested that next year the Commission bring a tape player or visit the internet sites of potential performers during their regular meeting to facilitate the process of choosing the entertainment for Music in the Park. 10. BLACKTOPPING BADGER AND CATHCART RINKS - Continued to a future meeting A. Pros and Cons for Ice B. Cost for Blacktopping 11. RECOMMENDATION OF CHAIR AND VICE CHAIR FOR 2006 Westerlund moved, Hensley seconded, to nominate Chair Davis to continue in her role as Chair of the Park Commission for 2006. Motion passed 4/0. PARK COMMISSION AGENDA TUESDAY, FEBRUARY 14,2006 PAGE60F6 Chair Davis moved, Hensley seconded, to nominate Westerlund as the Vice-chair for 2006. Motion passed 4/0. 12. DETERMINE LIAISON FOR FEBRUARY 27 CITY COUNCIL MEETING Hensley volunteered to be the liaison for 2/27/06. Chair Davis moved, Westerlund seconded, moving the March Meeting to March 15t\ 2006, as opposed to the previously scheduled March 14, 2006. Motion passed 4/0. Westerlund invited Commissioners to attend a presentation supported by theMCWD on Low Impact Development scheduled [or March 21, 2006. 13. ADJOURN Moonen moved, Westerlund seconded, Adjourning the Park Commission Meeting of February 14, 2006, at 9:06 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 FEBRUARY 2006 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:00 P.M. ROLL CALL Present: . Chair Bailey; Connnissioners Conley, Gagne; Gniffke, Meye~,White, a~d Woodruff; . Planning Director Nielsen and Council Liaison Turgeon. . . Absent: None APPROVAL OF MINUTES · 17 January 2006 Gagne moved, Woodruff seconded, Approving the January 17, 2006, Planning Commission Meeting Minutes as amended: on Page 6, Item 3, Paragraph 4 delete "The following modifications were made." and delete the modifications listed underneath the statement. Motion passed 6/0/1 with Conley abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING - VARIANCE AND c.u.P. TO BUll..n ON A SUBSTANDARD LOT IN THE SHORELAND DISTRICT Applicant: Tony Lund Location: 27695 Island View Road Chair Bailey opened the Public Hearing at 7:04 P.M., noting the procedures utilized in the Public Hearing process. In addition, he stated any items recommended for approval this evening would be placed on the February 27, 2006, Regular City Council Meeting Agenda for further consideration. Director Nielsen explained Tony Lund, on behalf of Rohan Lund, Inc., proposed to replace an existing house on the property located at 27695 Islartd View Road with anew house.. The subject property was located in the R-IAlS, Single-family ResidentiallShoreland, zoning district and contained 25,560 square feet of area. Since the subject property was smaller in size than prescribed by current zoning standards, the applicant had requested a conditional use permit to build on a substandard lot and a lot area variance. The lots on the north side of Island View Road -(a private road) generally comply with R-IAlS requirements; the lots on the south side of the street are substandard in width and area. The applicant's property was somewhat larger than the two lots to the east of it, but somewhat smaller than the two lots to the west of it. The lot was presently occupied by a one and a half story single-family home with an attached two-car garage. The applicant proposed to remove the existing house and garage and the driveway leading to the existing garage and build a new home that would be located essentially in the same location, with an L- CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 2 of7 shaped, side-loading three-car garage attached on the west side of the lot. A new driveway would be built on the east side of the driveway to avoid a tuck-under garage design. With regard to the conditional use pennit, Director Nielsen reviewed how the applicant's request complied with the City's zoning requirements. The lot was in separate ownership from the lots on either side of it. The proposed house complied with or exceeds all setback requirements. The amount of impervious surface proposed for the site was 22.3 percent, 25 percent was the limit for the Shoreland District. The 90-foot width of the lot was less than the R-1A zoning standard but it did meet the 70 percent width and area requirements necessary for a buildable lot. The area of the lot was only 64 percent of the minimum lot size, and the applicant has requested a variance to that requirement. . With regard to the lot area variance, Director Nielsen explained thereason the existing home could not . simply be remodeled and expanded, without a .vatiance, had to do with the topography of the lot.... The house was currently cut into the slope, which resulted in drainage being conducted directly at the house. This drainage had resulted in structural deterioration of the foundation over the years. The roof structure was also in need of replacement. Director Nielsen noted Shorewood's Building Official, Joe Pazandak, did not recommend the house be remodeled. Nielsen then explained the variance would allow a new foundation to be constructed, higher on the site, allowing for the back of the home to be graded so as to conduct drainage to the sides of the lot and down the side lot lines. Reconstruction of the house was in keeping with the character of the neighborhood. In addition, Director Nielsen explained the conditions establishing a hardship in this case are not due to the actions of the applicant and the hardship was not economic in nature. The work necessary to fix the existing structure would result in demolition in excess of 50 percent of the value of the structure. The variance would not result in a floor area to lot area ratio of greater than 30 percent, as proposed the ratio is 21 percent. Director Nielsen stated Staff recommended the conditional use permit and the lot area variance be granted subject to: 1) Staff approving a plan submitted by the builder, prior to the demolition of the structure and driveway, that would identify how the builder would provide tree protection; and 2) the applicant applying for a building pennit within one year from the date the City Council approved the request. He noted the applicant, Mr. Tony Lund, was present to answer any questions the Planning Commission may have. Chair Bailey open the Public Testimony portion of the Public Hearing at 7:13 P.M. Mt:Luridthankedthe P1anningCommissioh.forhearing his request. He. stated the existing house was in poor condition and he was making a concerted effort to design a house that was appropriate for the area. Chair Bailey closed the Public Testimony portion ofthe Public Hearing at 7:14 P.M. In response to a question from Commissioner White, Director Nielsen stated the proposed plan would result in drainage flowing toward the street and not onto the neighbor's property. In response to a question from Commissioner White, Mr. Lund stated the reason Island View Road was slippery in the winter was sand and salt were not applied to the private road. There was discussion regarding the poorly constructed existing house and how someone was able to have built the house on a substandard lot without a variance. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 3 of 7 In response to a question from Chair Bailey, Director Nielsen stated had the eXIstmg house been constructed properly Staff would probably have recommended the house be remodeled rather than rebuilt provided the structure was solid. Gniffke moved, Gagne seconded Recommending Approval of a Lot Area Variance and a Conditional Use Permit to Build on a Substandard Lot in the Shoreland District, subject to Staff Recommendations, for Tony Lund, 27695 Island View Road. 2. 7:15 P.M. PUBLIC HEARING - TEXT AMENDMENT TO ALLOW CIllLD DAY CARE FACILITIES IN THE C-3. GENERAL-COMMERCIAL ZONING DISTRICT AS A . PERMITTED USE. Applicant: Shorewood Village Shopping Center, Inc. Location-: Highways 7 and 41 Chair Bailey opened the Public Hearing at 7:18 P.M. Director Nielsen explained representatives of the Shorewood Village Shopping Center, located at 23470 State Highway 7, had requested an amendment to the Shorewood Zoning Code that would allow day care facilities in the C-3, General Commercial zoning district. They proposed to locate a day care center within the Center, in space previously occupied by the drug store. Director Nielsen then explained the Planning Commission was in the process of studying the land use activities currently allowed in the C-3, General Commercial zoning district. One of the issues under consideration was day care facilities in the commercial district. While there was consensus that this use should be included in the C-3 District, the question that remained was whether it should be a pemlitted use or a conditional use. . With regard to analysis of the case, Director Nielsen stated Staff had researched how other cities handle day care facilities in commercial zoning districts. Staff found some cities require a conditional use permit for this type of use. Of those cities that do require a conditional use permit, some cities simply reiterate the requirements found in the State licensing provisions. Others cities address issues such as loading areas, parking, fence height and screening/landscaping adjacent to residential uses. He noted Shorewood required a C.D.P. for day care facilities in the R-C, Residential/Commercial District, and that the City specified size limitations in addition to the provisions found in the State requirements. No such size limitations are proposed for the C-3 District. He then explained Minnesota Rules, Chapter 9503 contained several pages setting forth the requirements relative to day care facilities, and there were three pages that dealt specifically with the facility requirements(space per child, outdoor activity area, etc.). Director Nielsen then explained Staff asked the applicant to provide plans showing how a day care facility and its required outdoor activity area would fit within the Shopping Center, noting the plan was not required for a zoning text amendment. He stated a crosswalk, with speed bumps and signs, connects the facility to the play area, and the State Rules allow the play area to be as far as 2000 feet away from the center. The play area was enclosed with a fence Director Nielsen then stated Staff suggested provisions relative to parking, loading and screening / landscaping adjacent to residential be set forth in the General Provisions of the Zoning Code. Day care facilities would then be listed as permitted uses in the C-3 District, subject to the new general provisions. If the City felt that extra scrutiny was required, one of the requirements could include site plan approval by the Planning Commission and City Council. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 4 of 7 Director Nielsen then reviewed four provisions of a draft text amendment to the General Provisions of the Zoning Code 1201.03 Subd. 22 Day Care Facilities. The provisions were: 1. Adequate off-street parking and access are provided in compliance with Subd. 5. of this section. 2. Adequate short-term parking or drop-off area shall be provided within close proximity to the main entrance of the building. The short-term parking or drop-off area shall accommodate three car spaces and shall be designated as temporary in nature. The short- term parking or drop-off area shall not conflict with off-street parking access or pedestrian mqvement , ' , ' "3. Outdoor activity areas shall be located at least 25 feet from any residential lot and shall ' be screened and landscaped to buffer neighboring residential uses. 4. Day care facilities shall be subject to plan review by the Planning commission and approval by the City Council. (Optional) John Uban, a representative of the Shorewood Village Shopping Center, stated he was available to answer any questions the Commission may have and he thought the day care center would be a great addition to the Shopping Center. Chair Bailey open the Public Testimony portion of the Public Hearing at 7:25 P.M. With regard to the 25 foot setback provision, Jennifer Halberg, who co-owns the day care center with Dorothy Christensen, stated the proposed plan would be modified to elongate the playground area (which could possibly require a retaining wall to be built) to comply with the provision. Mr. Uban stated the plan could be modified to include a wood privacy fence if need be. Ms. Halberg noted state law requires a four-foot fence around the playground area. Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:28 P.M. Commissioner Conley stated he thought the Commission was considering whether day care facilities would be a permitted use (which required a General Provisions text amendment) or a conditional use this evening, and once that decision had been made the site plan would be considered at a future date once. Director Nielsen stated the plan wa.s a prototype to use as a visual aid: Commissioner Conley then questioned what other controls the City could impose (e.g. hours of operation) if day care facilities were to be a conditional use. In response to a comment from Conley, Director Nielsen summarized the RJC District conditions. In response to a question from Commissioner White, Ms. Halberg stated the playground surface would be rubber mats. Commissioner Woodruff expressed concern regarding noise abatement, dedicated parking spots reducing parking for other businesses, the possibility of the proposed basketball court blocking the fire hydrant, the possible loss of parking in the rear of the Shopping Center due to the addition of a crosswalk, and material storage behind the Shopping Center (e.g. flammable materials, machinery, abandoned tires). He then CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 5 of 7 stated there had been residents that were unhappy with the Shopping Center being constructed where it was. Director Nielsen explained the Shopping Center had added additional parking spaces to its original plan. Commissioner Gagne stated the majority of the original neighbors of the Shopping Center had sold their properties. He expressed concern with the fact that deliveries vehicles use the driveway behind the Shopping Center where the children would be playing. Chair Bailey reminded the Commissioners the item under consideration was permitted use or conditional use not the proposed site plan,and he ask~d if they were comfortable. with the draft text amendment. . . . DireCtor Nielsen stated there was a citY that required a six-foot fence around the playground area instead of the four-foot fence required by the state and he thought a six-foot fence would be appropriate. Discussion ensued regarding the impact of three dedicated day care parking spaces on other businesses, the location of the spaces, and whether or not the draft text amendment needed to be modified to include more parking specifics. Ms. Halberg stated the day care center had requested five lO-minute parking spaces in front of their front door. Commissioner Meyer stated he thought the draft text amendment was sufficient. Director Nielsen stated provision 2 could be modified to include a statement with regard to the drop-off spaces location. In response to a question from Chair Bailey, Director Nielsen stated a plan review did not require a public hearing and a notice was not required, where a condition use permit required both. Chair Bailey stated he thought property owners with close proximity to a C-3 District should be granted a public hearing; therefore day care facilities should be a conditional use. Commissioner Woodruff agreed because of the outdoor play area. With regard to discussion on the location of the proposed playground, Director Nielsen stated the State Rules allow an outdoor activity area to be up to 2000 feet away from the building. Discussion ensued with regard to the location of the playground. Commissioner Conley stated the prototype site plan identified the crosswalk, speed bump location, and crosswalk signage, and then suggested the day .care facility zoning provisions be modified to include those items. Chair Bailey expressed concern with making the zoning requirements too specific. Commissioner Woodruff stated if day care facilities were decided to be a conditional use then those types of items could be addressed as conditions of the C.D.P. specific to that site. . Mr. Uban stated Planning Commission concerns could be addressed at the time ora site plan review. He did not believe there were any additional benefits to be gained from a conditional use permittirig process. He then stated State Licensing Rules were quite extensive and designed to protect the children. He again clarified the site plan was a prototype and the final plan would be more inclusive. Chair Bailey stated the R-C District requires a C.D.P. for day care facilities. He stated there should be consistency between the C-3 District and the R-C District requirements; both should be a conditional use or both should be a permitted use. Conley moved, White seconded, Recommending Approval of the Draft Text Amendment to Allow Child Day Care Facilities in the C-3, General-Commercial Zoning District as a Permitted Use subject to, provision 2 be modified to address additional parking and signage requirements and provision 4 be included. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 6 of 7 Discussion again ensued with regard to day care facilities in the C-3 District being a conditional use or a permitted use. Conley withdrew the motion. Conley moved, White seconded, Recommending Approval of an Amendment to the C-3 District Zoning Code to Classify day care facilities a conditional use, subject to the conditions specified in provisions 1,2, and 3 of the draft text amendment. Motion passed 7/0. 5. MATTERS FROM THE FLOOR .. There were no matters from the floor presented this evening. 6. DISCUSS MARCH MEETING DATES At the January 17,2006, the Planning Commission Meeting the Commission rescheduled their March 7, 2006, regular meeting to March 21,2006. The Planning Commission Study Session previously scheduled for March 21, 2006, would follow the March 21, 2006, regular meeting if time permits. If the Agenda for the regular meeting was too significant to allow for a study session following the meeting, a Planning Commission Study Session would be scheduled for March 28,2006. 7. DRAFT NEXT MEETING AGENDA Director Nielsen stated review of the draft C-3 District code amendment for day care facilities; continuation of the C-3 land uses discussion, and a review/update the dock zoning regulations were slated for the February 21, 2006 Planning Commission Meeting Agenda. Commissioner Gagne stated he would be unable to attend the March 2006 Planning Commission Meetings. 8. REPORTS . Liaison to Council Commissioner White reported on matters considered and actions taken at the January 23, 2006, Regular City Council Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon stated residents had informed her there had been 30 Basswood trees had been taken out in the Watershed District when there had been a promise not to remove any more trees. She then discussed components of the upcoming SLMPD binding arbitration process. She stated there were seven Planning Commission applicants and three Park Commission applicants the Council was going to interview at a March 13,2006, City Council Special Meeting. Commissioner White stated she had learned that permeable pavers require a highly engineered foundation and they also require a lot of maintenance. Commissioner Woodruff questioned if the City would reimburse the cost of Commissioners attending the University of Minnesota College of Continuing Education Great Conversations sessions. . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING 7 February 2006 Page 7 of7 In response to a question from Commissioner Gagne, Director Nielsen stated Todd Frostad had previously expressed some interest in the Hilltop Property, but he was not sure if he was still interested. Mike Siefert, who owns the Hilltop apartment property, may choose to convert the apartments to condos. . SLUC No report was given for the Sensible Land Use Coalition (SLUe) meeting. . Other None. . 9. ADJOURNMENT Gagne moved, Gniffke seconded, Adjourning the Planning Commission Meeting of February 7, 2006, at 8:32 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED. Christine Freeman, Recorder CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 3 February 2006 RE: Rohan Lund, Inc. - Request for Conditional Use Permit and Lot Area Variance FILE NO.: 405(06.01) BACKGROUND Tony Lund, on behalf of Rohan Lund, Inc., proposes toreplace an existing house on property located at 27695 Island View Road (see Site Location map - Exhibit A, attached) with a new house. Since the subject property is smaller in size than prescribed by current zoning standards, the applicant has requested a conditional use permit to build on a substandard lot and a lot area variance. The property is zoned R-IA/S, Single-family Residential/Shoreland, and contains 25,560 square feet of area. While the lots on the north side of Island View Road (a private road) generally comply with R.. 1 A/S requirements, the lots on the south side of the street are substandard in width and area. The applicant's property is somewhat larger than the two lots to the east of it, but somewhat smaller than the two lots to the west of it. The lot is presently occupied by a one and a half story single-family home with an attached two-car garage. The applicant proposes to remove the existing house and garage and the driveway leading to the existing garage. As shown on Exhibit B, a new home will be located essentially in the same location, with an L-shaped, side-loading garage attached on the west side of the lot. A new driveway will be built on the east side of the driveway, so as to avoid a tuck-under garage design. ,. f: . PRINTED ON RECYCLED PAPER .... # 8ft Memorandum Re: Rohan Lund - c.u.P. and Lot Area Variance 3 February 2006 The proposed home contains 2372 square feet of floor area on its main level, plus a 920 square-foot, three-car garage. The upper level contains 1998 square feet. Althought not shown in the plans, a basement adds a half-story to the structure resulting in two and one- half stories. A proposed front elevation of the home is shown on Exhibit C. Proposed floor plans are shown on Exhibits D and E. The applicant's request is explained in a brief letter, dated 30 December 2005 (see Exhibit F, attached). ANAL YSIS/RECOMMENDATION A. Conditional Use Permit. Construction on substandard lots is specifically addressed in Section 1201.03 Subd. 2.c.(3) ofthe Shorewood Zoning Code. Following is how the applicants' request complies with the City's zoning requirements: 1. The. lot is in separate ownership from the lots on either side of it. 2. Although the 90-foot width ofthe lot is less than the R-1A standard, it does meet the 70 percent necessary for a buildable lot. The area of the lot is only 64 percent of the minimum lot size, and the applicant has requested a variance to this requirement (see B, below). 3. The proposed house complies with or exceeds all setback requirements. The proposed house will actually be a bit narrower (six feet) than the existing home. This is to allow drainage to be conducted around the sides of the house. 4. This section of the Code limits the amount of impervious surface on the site to 30percent. A more restrictive requirement (25 percent) is found in the Shoreland District provisions (see Section 1201.25 Subd. 5.a.(5). Hardcover proposed by the applicant is only 22.3 percent. B. Lot Area Variance. 1. Although the applicant's letter does not adequately describe what hardship exists, staffhas discussed the property with him. He was asked why the existing home could not simply be remodeled and expanded, without a variance. The answer has to do with the topography of the lot. The house is currently cut into the slope, which results in drainage being conducted directly at the house. This drainage has resulted in structural deterioration of the foundation over the years (the home was built in 1964). Not only is the foundation in poor condition, but the roof is also in need of replacement. The variance will allow a new foundation to be constructed, higher on the site, allowing for the back of the home to be graded so as to conduct drainage to the sides of the lot and down the side lot lines. -2- Memorandum Re: Rohan Lund - C.U.P. and Lot Area Variance 3 February 2006 2. Reconstruction of the house is in keeping with the character of the neighborhood. Homes on the north side of the street are larger, on larger lots. The homes on the south side of the street are consistent with the proposed structure. 3. The conditions establishing a hardship in this case are not due to the actions of the applicant. 4. The hardship is not economic in nature. The work necessary to fix the existing structure would result in demolition in excess of 50 percent ofthe value of the structure. 5. The variance will not result in a floor area to lot area ratio of greater than 30 percent. As proposed the ratio is 21 percent. RECOMMENDATION Based upon the preceding, it is recommended that the conditional use permit and lot area variance be granted subject to the following: a. Prior to demolition ofthe existing structure and driveway, the builder shall provide tree protection based on a plan approved by staff. b. The applicants shall have one year from the date the City Council approves the request to apply for a building permit. 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It., I I I i I I I 1. ", . ,t. , .. !. '!' '"",'~'. !' I .: " , r 1 . ~,"II ,J! '1 ., 'I. ..' ", .c .....,., ,. t I "1 , ". ,f x'." ".. T f! ,. .. ".' . . . :' i', 1.';: 1 I ! . L J..l~.,}', 1;; t . ., ';" ~.,.,.:."~..., '. ...../~ ,.... . ' '~.....~;..--.:~~;;=n~:::. M' ..;;.....""" .:-. ...,. ~,., T1:;~'; .", l'~ '"" . I~. ",; .' ":fT '", .'l!I~, ~\..~.' -.:.J~ =Tlt .",,:~.., :......... ',! Tt,. . "., r'. r:.:""r .. ~1:J J:',::::J "t.~,,~- - -..---"" ~~"'~ '\ ~ ,J'_ ':"'.:-. '-;~i::i .;.~~ I'~ r.. \\, , -~~~- ~.. ~ " ,;,;; =- ., .~: ::,""\;] ~,,;lIIi<<:'" .. ~rr6~b~ED FRONT ELEVATION :; -~ ~ 'lJN ~~ .... . .~ . . IS) . 1 LOll .~ J1'041f~ ., . ?;1..0~ (tw Iffl(~t.~ ~f~""~, . \i~~Q.' . r , ; (M I tB~' ~Nr~ I, : I. ~i2: N . I ~OrHiNts. eM-, . itll'(fl I I~x I~~ \[.~.. I I . ~€A~. L . 11.....)( 100.... .ur .:.' . "'bMH~ . '~IL:(~I,* . NItHt- '. . . . . . ::."~:Dt'l. '09~'" . . ~-AI' p~.) \1~~I~~ . ~ . 'H"llt~ 1~Oll , '. 41011 . (P4,"(I ~~ !.e" . 6Af},b:r;, ..... . .~o.~~ ~,r-\ \ \ . o _I ~ .N \ . It-Lo" . . . -:s: ~ -' '" :::0 Ii) _I \ ~? '" ...sl \ . ~. \ Exhibit D PROPOSED FIRST FLOOR PLAN ~~. I~)( 12.0/ --- - .------ . -- --.- " ; . ~. NtJ!?~.. ....'t. .;.~ &). ~ l~~ '.. r-. . \ \ ~m J~~\~~ .'~* Bx)ll.-f1N7 '~Yf, I~Xq~ ...f . !'vILf-l~ 7 .~ :~ . "'j----;- - ~"'). ~ ~fZ. I _. ~lfllt-Jb ~/e~t:tj I . I~~x I~~/ I I "-. " l ~'~f16- '1-_'- . ,. IWl X1.",.i... ! '.' ..- .~_.~. / / Exhibit E PROPOSED SECOND FLOOR PLAN Rohan Lund Inc. 360 North Ann Lane Orono, NK 55364 Ph: 612-751-2006 Fax: 952472-0111 MN. Lie. # BC-20192981 Dec. 30,2005 I am writing this letter to ask for a variance to my property at 27695 Island View Rd. I am proposing to remove the existing house and build a new home on this property. This property does not conform to the current R-1A zoning requirements for this area of Shorewood. It does not meet the 40,000 sq. ft. requirement or the 120' front lot width dimension. This property was platted at a time when these requirements were not in effect. By the current ordinance this property is no longer buildable. The current home has been neglected and is somewhat of an eyesore for the neighborhood. It is not a good candidate for restoring. This new work would have a positive impact on the neighborhood in terms of aesthetics and increased property values. The new home will meet all zoning requirements, except for lot area and width. These are things that I obviously can do nothing about. I submit that the best use of this property is the construction of a new home that will be in keeping with the other homes in the area and particularly on this street. Thank you for considering my request, Tony Lund Exhibit F APPLICANT'S REQUEST LETTER CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND LOT AREA VARIANCE TO BUILD ON A SUBSTANDARD LOT TO ROHAN LUND, INC. WHEREAS, Rohan Lund, Inc. (Applicant) is the owner of the real property located at 27695 Island View Road in the City of Shorewood, County of Hennepin, legally as: "Lot 17, Auditor's Subdivision 367, Hennepin County, Minnesota"; and WHEREAS, the property does not conform to the lot area requirements of the R-IAJS, Single-Family ResidentiallShore1and zoning district, in which it is located; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a substandard lot; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and variance to the lot area requirement for the construction of a single-family home on the property; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 3 February 2006, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 February 2006, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 27 February 2006, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood as follows: FINDINGS OF FACT 1. The lot is under separate ownership from adjoining properties. 2. The lot contains 25,560 square feet of area, is 90 feet wide at the building line, and does not meet at least 70 percent of the required lot area for the R-IAJS zoning district in which it is located. 3. The lot is currently occupied by a single-family dwelling with an attached garage, built in 1964, both of which have suffered structural damage as a result of the way the land and drainage slope to the back of the structures. 4. The Applicant has designed a new house and garage to fit the contours of the property, allowing drainage to be conducted around the building. 5. The proposed house and attached garage will comply with all of the setback requirements of the R-1A/S zoning district. CONCLUSION A. The Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B. Based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit and lot area variance to construct a single-family dwelling. C. The City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February 2006. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK 2 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years · 1956 - 2006 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 2 February 2006 RE: Zoning Code Amendment- Day Care Center in C-3 District FILE NO. 405 (06.02) BACKGROUND Representatives of the Shorewood Village Shopping Center, located at :43470 State Highway 7 (see Site Location map - Exhibit A, attached), have requested an amendment to the Shorewood Zoning Code that would allow day care facilities in the C-3, General Commercial zoning district. They propose to locate a day care facility within the Center, in space previously occupied by the drug store. As you are aware, the Planning Commission is in the process of studying the land use activities currently allowed in the C-3, General Commercial zoning district. One of the issues under consideration is day care facilities in the commercial district. While there is consensus that this use should be included in the C-3 District, the question is whether it should he a permitted or conditional use. A public hearing has been scheduled for the 7 February Planning Commission meeting. ANALYSIS/RECOMMENDATION Permitted or Conditional Use? In studying how other cities handle day care centers in commercial zoning districts, it was found that some cities do require a conditional use permit for this type of use. Of those that do require a conditional use permit, some simply reiterate the requirements found in the State licensing provisions. Others address such n f: . PRINTED ON RECYCLED PAPER ... #-g 13, Memorandum Re: Zoning Amendment - Daycare in C-3 2 February 2006 issues as. loading areas, parking, fence height and screening/landscaping adjacent to residential uses. You will recall that Shorewood requires a C.D.P. for day care centers in the R-C, Residential/Commercial District. In that case, the City specified size limitations in addition to the provisions found in the State requirements. No such size limitations are proposed for the C-3 District. Minnesota Rules, Chapter 9503 contains several pages setting forth the requirements - ,,' relative to day care centers. There are three pages that deal specifically with the facility requirements (space per child, outdoor activity area, etc.). Exhibit B is an excerpt from Chapter 9503 relating to the outdoor activity area required as part of the state licensing requirement. Whi1enot required for zoning text amendment, staff asked the applicant to provide plans showing how a day care center and its required outdoor activity area would fit within the Shopping Center. Exhibit C is a site plan, illustrating the n.ortheast corner of the Center and the proposed outdoor play area located to the ea.st of the parking area behind the building. A crosswalk with speed bumps and signs connects the facility to the play area. The State Rules allow the play area to be as far as 2000 feet away from the center. The play area is enclosed with a fence, the height of which is not indicated. Exhibit D shows the floor plan for the 10,240 square-foot day care center. The;: answer to the question of permitted or conditional use may lie somewhere between. What is suggested is that provisions relative to parking, loading and screening/landscaping adjacentto residential be set forth in the General Provisions of the Zoning Code. Day care centers would then be listed as permitted uses in the C-3, subject to the new general provisions. If the City feels that extra scrutiny is required, one of the requirements could include site plan approval by the Planning Commission and City Council. Staffwill draft an example of how such provisions would read for the meeting on Tuesday. Cc: Craig Dawson Tim Keane John Uban Jennifer Halberg -2- ,.." DO< OSZ 000" Y N Minnesota Rule 9503.0155 Page 2 of3 space must be within sight and hearing of a staff person and supervised by a staff person when occupied by a sick child. Subp. 7. Outdoor activity area. An outdoor activity area that complies with the following items must be provided or available for all child care programs except those licensed to exclusively provide sick care as specified in part 9503.0085, drop in care as specified in part 9503.0075, and those operating for less than three hours a day. A. A center must have an outdoor activity area of at least 1,500 square feet, and there must be at least 75 square feet of space per child within the area at any given time during use. B. An outdoor activity area used daily by children under school age must be within 2,000. feet of the center or transportation must be provided by the license holder. In no case, however, shall the outdoor activity area be farther than one-half mile from the center. C. The area must be enclosed if it is located adjacent to a traffic, rail, water, machinery, or other environmental hazard, unless the area is a public park or playground. D. The area must be free of litter, rubbish, toxic materials, water hazard, machinery, animal waste, and sewage contaminants. . E. The area must contain the outdoor large muscle equipment required by part 9503.0065. Subp. 8. Telephone; posted numbers. A telephone that is not coin operated must be located within the center. A list of emergency numbers must be posted next to the telephone. If a 911 emergency number is not available, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control center. Subp. 9. Indoor space. The licensed capacity of the center must be limited by the amount of indoor space. A minimum of 35 square feet of indoor space must be available for each child in attendance. Hallways, stairways, closets, utility rooms, lavatories, water closets, kitchens, and space occupied by cribs may not be counted as indoor space. Twenty-five percent of the space occupied by furniture or equipment used by staff or children may be counted as indoor space. Subp. 10. Shielding of hot surfaces. Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns. Subp. 11. Electrical outlets. Except in a center that serves only school age children, electrical outlets must be tamper proof or shielded when not in use. Subp. 12. Water hazards. Bodies of water adjacent to the center must be inaccessible using a pool or beach, children must be SUPE within or Exhibit B EXCERPT FROM MN RULES - DAY CAllli '-~._ .lIn_____ __..:~__ 1~~ ~"n"~ ~~ n~/",.nl~/Q,(\'1/(\l" htTY ~ I I ~ c d~ I ~~: I I )' I I I I I I I I I II ~~ cs.(Jl... lis ~ ..0 ill c ~~ &!~ S I ,~~ iH !lJ~ p;" m ~ ,I , 'H'-' "... ~ll. 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PRE-SG.HOOL ;\[(C HI T [(ON ;... : - .'tN.r<--=r:~ ,. I.... I I I I I ". j 2190 COMO AVE. SE SAINT PAUL MN 55108 T:f6121331~ F:(612l37&9715 InfoOcrchltron.com l3IllI . Soboko Design dBslc:r 4 planning 5BrviG.B5 435 RIdgOl_ Av_ """-"POI., MIl 55405 ~.Igne...I..."'" 612-&'1'1-0556 pork.1n9 oreo no LJ 00 DO D l DIAPERS CRIBS G.REATIVE ARTS (S' hi9h '1^l01l5') no I ' ! ! DO DO D INFANTS r--l I ! L._J ASST. DIREG.TOR (e' hi9h 1^l0115) PROPOSED FLOOR PLAN PLAN ~JORTH "l[ " {~...--_:._..-.'\ \ j , / "-,..........." ' I 11 il '--11 Ii 'i I,. -.--..-..-------.------.- ------i ! SCALE: 9/16 II = I' {NOTe, !:GALE. 3/32' . 1'-0' IF PRINTeD ON II'" I" PAPER} o !:> 10 20 feel ~ IDROP 'n 00 IUD KME 8honwoordI,IHIM - os - 05.. PI - DS.PI - Dol. 3DianOI Exhibit D PROPOSED FLOOR PLAN CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.23 SUBD. 4. (C-3 CONDITIONAL USES) OF THE SHOREWOOD ZONING CODE Section 1. Section 1201.23 Subd. 4.h. of the Shorewood City Code is hereby changed to Subd. 4.i.. Section 2. Section 1201.23 Subd. 4. ofthe Shorewood City Code is hereby amended to include a new paragraph h. to read as follows: "h. Daycare facilities, as defined in Section 1201.02 Subd. 4. of this Code, serving ten (10) or more persons, as a principal or accessory use, provided that: (1) The facility shall be licensed by the State of Minnesota. No certificate of occupancy shall be issued for a daycare facility until proof of approved applicable State licenses has been provided to the Zoning Administrator. (2) All child daycare facilities shall have an outdoor activity area complying with the following: (a) The activity area shall comply with the size required for State licensing. (b) The activity area shall be located at least 25 feet from any adjacent residential lot boundary. (c) The activity area shall be screened and landscaped to buffer neighboring residential uses. (d) The activity area shall be enclosed to prevent children from leaving the preIllises unattended. (3) Off-street parking must be provided in compliance with Section 1201.03 Subd. 5. of this Code. The number of parking spaces required for a daycare facility shall be one (1) space for each four (4) persons oflicensed capacity. (4) Adequate short-term parking or drop-off area shall be provided within close proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian crossing of a drive aisle. The short-term parking or drop-off area shall accommodate at least three (3) car spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not conflict with off-street parking access or pedestrian movement. . (5) The structure in which the daycare facility is located shall comply with all applicable building and fire codes. (6) The provisions of Section 1201.04 Subdivision 1.(d)(1) of the this Code must be considered and satisfactorily met." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February 2006. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: February 21,2006 TO: Mayor and Council Members FROM: Craig W. Dawson, City Administrator/Clerk RE: Park Commission Appointments As of Monday, February 27, Council interviewed c'91didates for three openings on the Park Commission. Two of the seats are for a thfee-yearterm from March 1,2006 through February 28,2009. One seat is for a two-year term from March 1,2006 through February 29, 2008, to fill the seat recently vacated by Judy Farniok in January, 2006. The following candidates were interviewed: . Robert Hensley, 2811 0 Woodside Road . Jeremy Norman, 23690 Gillette Curve . Howard Young, 5220 Spring Circle (phone interview) Council Action Should appointments be made at tonight's meeting, a motion to adopt a Resolution making Park Commission appointments is in order. . , ,. . t . PRINTED ON RECYCLED PAPER ... ~ qA CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Park Commission; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said Commission. NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shorewood hereby makes the following appointments to the Park Commission effective March I, 2006, with the term expiration as indicated: Park Commission: Member Term 1. February 28, 2009 February 28, 2009 2. 3. February 29,2008 Said appointments complete the seven member Park Commission which consists of the following additional members: Member Term 4. John Moonen February 29,2008 5. Sue Davis February 28, 2007 6. Steve Loheit February 28, 2007 7. Julie Westerlund February 28, 2007 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2006. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: February 21,2006 FROM: Mayor and Council Members Craig W. Dawson, City Administrator/Clerk et Planning Commission AppointJ}lents TO: RE: On Monday, February 13, and Monday, February 27, Council interviewed seven candidates for two openings on the Planning Commission. Both seats are for a three-year term from March 1, 2006 through February 28,2009. The following candidates were interviewed: . Jeffrey Jibben, 26300 Oak Leaf Trail . David B. Hutchins, 19560 Silver Lake Trail . Gene Steine, 5960 Galpin Lake Road . Nathan T. Shanklin, 21165 Minnetonka Blvd. . Bruce Gniffke, 5995 Ridge Road . William C. Ruoff, 26365 Noble Road . Scott Schmitt, 6020 Mill Street Council Action Should appointments be made at tonight's meeting, a motion to adopt a Resolution making Planning Commission appointments is in order. :tt-95 #. ~ . PRINTED ON RECYCLED PAPER ... CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Planning Commission; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said Commission. NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shorewood hereby makes the following appointments to the Planning Commission effective March 1,2006, with the term expiration as indicated: Planning Commission: Member Term 1. 2. February 28, 2009 February 28, 2009 Said appointments complete the seven member Planning Commission which consists of the following additional members: Member Term 3. David Meyer February 29, 2008 4. Richard Woodruff February 29, 2008 5. Bob Gagne February 28, 2007 6. Jeff Bailey February 28, 2007 7. Kevin Conley February 28, 2007 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2006. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk