042505 CC Reg AgP
.
.
.
.
.
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 25, 2005
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 Regular Meeting Minutes, April 11, 2005 (Att.- Minutes)
B. City Council Work Session Minutes, April 11, 2005 (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. City Clerk's License Approvals (Att.- Deputy Clerk's memoranda)
1. Approval of a Liquor License for Minnetonka Country Club (Att. - Resolution)
2. Approval of a Liquor License for American Legion Post #259 (Att.-Resolution)
3. Approval ofa 3.2 Percent Malt-Liquor License for Cub Foods (Att. - Resolution)
/5"
D. Approvals for Excelsior Firefighters Relief Association Dance on July 1'1, 2005 (Att.-
Deputy Clerk'slPlanning Director's memorandum)
1. Temporary 3.2 Percent Malt Liquor License (Att. Resolution)
2. Special Event Permit
3. Temporary Sign Permit - 24100 Smithtown Road
E.
Approval of the Agreement with Minnesota Safety Services for Lifeguard. Services for
Crescent Beach (Att.-Administrator's memorandum)
F.
Memorandum for Internal Loan (Att. - Finance Director's memorandum, Resolution)
~
.
.
.
.
.
CITY COUNCIL AGENDA - APRIL 25, 2005
PAGE20F3
G.
Reschedule Public Hearing Date for Timber Lane Watennain Project (Att. - Public
Works Director's memorandum, Resolution)
H. Approval of the Spring Clean-Up Contract for Services (Att. - Deputy Clerk's
memorandum)
I. Authorization for Expenditure of Funds for a Color Copier/Printer (Att.-Deputy Clerk's
memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken)
.5. REPORTS AND PRESENTATIONS
A. Report by Tom Skramstad, LMCD Representative (Att. - Report)
6.
PUBLIC HEARING
7 . PARKS - Report by Representative
A. Report on Park Commission Meeting Held April 12, 2005 (Att.- Draft Minutes)
B.
Authori:z;e Expenditure of Funds for Skate Park Equipment (Att. - Public Works
. Director's memorandum)
8. PLANNING - Report by Representative
A. C.U.P. For Accessory Space over 1200 Sq. Ft. (Att.-Planning Director's memorandum,
Draft Resolution)
Applicant:
Location:
Paul and Nancy Zander
5215 Howard's Point Road
B. C.U.P. For Reconstruction of Badger Well House and Parking Lot Improvements (Att.-
Planning Director's memorandum, Draft Resolution)
Applicant:
Location:
City of Shorewood
5745 Country Club Road
C. Rezoning From C-2, Auto-Oriented Commercial to R-lc, Single-Family Residential (Att.-
Planning Director's memorandum, Draft Ordinance)
Applicant:
Location:
City of Shorewood
25575 Smithtown Road
D.
Zoning Code Amendment Eliminating The C-2, Auto-Oriented Commercial District (Att. -
Planning Director's memorandum, Draft Ordinance, Resolution)
..
..
.
.
.
.
.
CITY COUNCIL AGENDA - APRIL 25, 2005
PAGE30F3
9.
GENERAL/NEW BUSINESS
A. Calling for the Sale of Bonds (Att. - Finance Director's memorandum, Financing
Scenarios, Financial Advisory Service Agreement)
B. Authorization of Services ofBKV Group (Att. - Administrator's memorandum)
10. ENGINEERINGIPUBLIC WORKS
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
2.
Concession Operation Services Update (Att. Public Works Director's
memorandum)
B. Mayor & City Council
1. SLMPD Issues Group
12.
ADJOURN
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 25 April 2005
. The Board of Review will reconvene at 6:00 P.M. this evening
.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: There are no staffing action items for this meeting.
.
Agenda Item #3C: The Minnetonka Country Club and the American Legion Post #259
currently hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2
percent off-sale malt liquor license. All three licensees have submitted appropriate liquor
license documentation and license renewal fees. Background checks were completed,
and there were no disclosable records for convictions within the past year of any violation
of laws of the State of Minnesota or City ordinances relating to intoxicating or malt-
liquor. Approval of all three licenses is in order.
.
Agenda Item #3D: The Excelsior Firefighters Relief Association (EFRA) has submitted several
documents in support of its annual fundraising event at the Fire Station located at 24100
SmithtownRoad on July 15, 2005 from 5:00 PM to Midnight. This will be the 21st year
that the Relief Association has held this fundraising event, and the second year for it to be
held in the City of Shorewood. The EFRA is requesting:
1. A temporary license to sell 3.2 Percent Non-Intoxicating Malt Liquor
2. A Special Event Permit, as required in the CUP for the South Lake
MinnetonkaPublic Safety Facility-West; and
3. A Temporary Sign Permit
Staff is recommending approval of the requested permits, contingent upon receipt of the
appropriate Certificate of Liability Insurance documents, which the EFRA is in the process
of securing.
.
Agenda Item #3E: The City received two proposals for lifeguard services at Crescent Beach -
one from Minnetonka Community Education and Services MCES), and the other from
Minnesota Safety Services (MSS): The City operates Crescent Beach jointly with the
City of Tonka Bay, and Tonka Bay pays approximately two-thirds of the cost. On April
12, the Tonka Bay City Council approved a contract for services with MSS. It makes
most sense for one entity to provide lifeguard services, so staff would recommend that
the Council approve an agreement for services with Minnesota Safety Services. MSS's
cost for services would be slightly less than the City paid MCES in 2004.
"91
~J PRINTED ON RECYCLED PAPER
Executive Summary - City Council Meeting of 25 April 2005
Page 2 of3
Agenda Item #3F: The City Council recently authorized the purchase of real estate at 5795 .
Country Club Road using an internal "loan" from the city's Sewer Fund to finance the
purchase. The attached resolution simply memorializes the internal loan, specifies the
terms of repayment, and provides an audit trail for the City's financial system.
Agenda Item #3G: This item reschedules the Public Hearing date for the Timber Lane
Watermain Project from April 25, 2005 to May 9, 2005. Approval of a Resolution
Dec;laring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and
ordering an Assessment Hearing date is in order.
Agenda Item #3H: Quotes were requested from three vendors for the May 21st Spring
Cleanup Day. Waste Technology provided the best pricing for the services requested.
As arefer~nce, Waste Technology has provided Spring Cleanup services for the past
several years. Staff is recommending approval of a motion that awards the contract to
Waste Technology, Inc.
Agenda Item #31: A 2005 budget amount of $10,000 is identified for the purchase of a color .
copier based on preliminary quotes received in 2004. Staff contacted three vendors to
provide quotes for and demonstrations of color copiers. Two of the three vendors,
Advanced Imaging Solutions (AIS) and Metro Sales, currently provide copier/printer
service'with the City. Staff tested copiers from these two vendors; the copier
recommended by the third vendor, Ikon, was not tested due to the higher price quote
received. Both copiers tested produced very good color quality. The Ricoh 2232C copier .
was the lowest quote, and had the lowest color copier maintenance fee. Staff is
recommending purchase of the Ricoh 2232C color copier/printer from Metro Sales, Inc.,
for the amount of$10,766. Staff believes sufficient funds exist in other budget lines of
the General Government/City Clerk department to cover the remaining $766.
Agenda Item #5A: Lake Minnetonka Conservation District (LMCD) Representative Tom
Skramstad will provide his quarterly report on LMCD activities.
Agenda Item #7 A~ Park Commissioner Howard Young will be present to report on the April
12, 2005, Park Commission meeting.
.
Agenda Item #7B: . This item is an authorization for expenditure of funds for skate park
equipment. As Staff is waiting for final quotes to arrive, details will be transmitted under
separate cover.
Agenda Item #8A: ~aul and Nancy Zander propose to demolish their existing home at 5215
Howard's Point Road and construct a new one, which includes construction of garage
space in excess of 1200 square feet of floor area. Their request for a conditional use
perm~t not only complies with the Zoning Code, it reduces the amount of hardcover on
the site from approximately 40 percent down to 25 percent. The Planning Commission
voted unanimously to recommend approval of the CUP. A draft resolution is included in
your pa9ket for your consideration.
.
.
.
.
.
.
.
Executive Summary - City Council Meeting of 25 April 2005
Page 3 of 3
Agenda Item #8B: Hallelujah! That's what the Planning Commission was heard singing at its
5 April meeting when told the Badger Well House was being replaced. Well, maybe not,
but they were pretty excited that this improvement had made it to the top of the list of
CIP projects. The replacement of the old pole barn was part of the original Badger
Field/City Hall Improvement Project that was approved several years ago, and is long
overdue. The masonry building and its associated landscaping was recommended
unanimously for approval, subject to a condition that the site be legally combined with
the Badger Field property and that, as a follow-up, the property will be rezoned from C-3,
General Commercial to R-l C, Single-Family Residential. A draft resolution is included
in your packet for your consideration.
Agenda Item #8C: As reported at the last Council meeting, the Planning Commission has
voted unanimously to recommend the rezoning of the Lake South Automotive property at
25575 Smithtown Road from C-2, Auto-Oriented Commercial to R-1C, Single-Family
Residential. This follows the Commission's recommendation to eliminate the C-2
District from the Code (see Item #8D). Despite staff and Planning Commission efforts to
advise people that Lake South Automotive can continue to operate as they always have,
and that the property can be sold and operated as it always has been, many people believe
the City is forcing the auto shop to close its doors. In addition to the Planning Director's
memorandum, the City Attorney has prepared two memoranda advising the City of the
legal aspects of the proposed rezoning. A draft ordinance reflecting the Planning
Commission's recommendation is included in your packet for your consideration. If you
have questions on this item, or Item #8D, please do not hesitate to contact the Planning
Director prior to Monday night's meeting.
Agenda Item #8D: After studying the commercial districts provided for in Shorewood's
Zoning Code, the Planning Commission has determined that the C-, Auto-Oriented
Commercial zoning district is outdated, of no use and should be eliminated from the
Code and from the Zoning Map. The land uses previously listed in the C-2 District will
be shifted into the C-3 District, which generates most of the lengthy text amendment
contained in your packet.
Agenda Item f!9A: The City Council indicated their support for water system improvements
and the issuance ofG.O. Water Bonds at the January 24, 2005 work-session meeting.
Accordingly, the Council is now asked to review and approve funding analyses and a
Financial Advisory Service Agreement with Northland Securities to authorize them to
move forward with the competitive sale of bonds.
Agenda Item #9B: BKV Group has submitted a proposal for further evaluation of alternatives
for City Hall improvements. It calls for an update of the space needs analysis, and
development of seven alternatives, all over the next two to three months. Its estimated
fee is $10,000. Staff recommends approval of the proposal by BKV Group.
.
.
.
.
.
CITY OF SHOREWOOD
CITY COUNCIL MEETNG
MONDAY, APRIL 11,2005
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
DR fl
1.
CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:03 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator
Dawson; Attorney Keane; Finance Director Burton, Planning Director Nielsen, and
Engineer Brown.
Absent:
None
B.
Review Agenda
Wellens moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Meeting Minutes, March 28, 2005
Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of March
28, 2005 as presented. Motion passed 5/0.
Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes of March
28, 2005 as presented. Motion passed 5/0.
3.
CONSENT
Wellens moved, Turgeon 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. Approval of Request from Lake Minnetonka Triathlon to Traverse the City on
Saturday, June 18, 2005.
D. Authorizing RESOLUTION NO. 05-029. "A Resolution to Accept Plans and
Specifications and Authorize Advertisement for Bids for 2005 Sealcoating of Streets,
City Projects 05-01."
E.
Approval of Multiple Dock License - Shorewood Yacht Club.
Motion passed 5/0.
4};2A-
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 11, 2005
Page 2 of5
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented.
5. REPORTS AND PRESENTATIONS
A. Recognition of Service of Former Park Commissioner Paul Gilbertson.
On behalf of the City Council and Staff, Mayor Love presented former Park Commissioner Paul
Gilbertson with a plaque and thanked him for his two years of service and dedication to the Park
Commission. Gilbertson thanked the City Council for the opportunity to serve.
6. PUBLIC HEARING
A.
Consideration of a Request to Vacate a Portion of Ferncroft Drive Right-of-Way
Mayor Love opened the Public Hearing at 7:26 P.M.
Director Nielsen explained that the applicant, Matthew Phillippi, is requesting to redevelop adjacent
properties along Ferncroft Drive. Mr. Phillippi has acquired three parcels of property and requests to
subdivide the properties into a total offive lots. The subject properties are zoned R-ID/S, Single Family
ResidentiallShoreland. Director Nielsen reviewed the history of this matter, noting that the Planning
Commission had previously considered it in 2004. The proposal involves lot area variances on three of
the lots and five feet of right-of-way along Ferncroft Drive being vacated. The revised plan creates all 70
foot wide lots, resulting in the elimination and reduction several nonconforming structures.
Director Nielsen noted that Ferncroft Drive currently exists as a 60 foot right-of-way. The ordinance
requires street rights-of-way to be 50 feet wide. In previous cases the City has agreed that if it were
warranted, the vacation would be divided between the two sides of the street. The right-of-way has no
utilities other than the service for these lots. The applicant will be required to dedicate ten-foot drainage
and utility easements around each lot.
Director Nielsen stated that the recommendation is first to vacate the five feet of Ferncroft Drive r-o-w
and then under item #8, approve the minor subdivision with lot width and area variances.
Seeing no one present wishing to address this issue, Mayor Love closed the Public Testimony portion of
the Public Hearing at 7:28P.M.
Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-030, "A Resolution Approving
Vacating a Portion of the Public Right-of-Way of Ferncroft Drive." Motion passed 5/0.
7. PARKS
There was nothing to report on at this time.
.
.
.
.
.
.
.
.
.
.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 11, 2005
Page 3 of5
8. PLANNING - Report by Representative
Planning Commissioner Conley reported on matters considered and actions taken at the April 5, 2005,
Planning Commission meeting (as detailed in the minutes of that meeting).
A. Revised Subdivision and Variance Request
Applicant: Matt Phillippi
Locations: 4890 and 4900 Ferncroft Drive and 21155 Minnetonka Boulevard
Director Nielsen briefly recapped the subdivision request, noting that the subdivision includes lot width
and area variances.
Attorney Keane asked why the subdivision was being done by survey rather than MSA 505 Plat.
Director Nielsen explained that the application was presented in two pieces as minor subdivisions and the
third parcel was added after. Nielsen agreed that if the proposal had been presented all at one time, staff
would have suggested the division by plat.
Councilmember Turgeon stated that she agrees the proposal cleans up nonconforming structures, but
asked why the division could not have fewer lots.
Director Nielsen stated that the Planning Commission recommended approval of the request, and by
granting the variances, the newly created properties would be closer to the ordinance requirements.
Nielsen also noted that any new structures must meet the setback requirements and 25% hardcover
maxImums.
Mayor Love stated that what he likes and supports, with regard to the subdivision, is that it preserves the
character of the neighborhood while cleaning up a lot of nonconforming uses.
Councilmember Callies stated that one of the factors of consideration, for this project or others, is how the
variance request satisfies the ordinance standards, character of the neighborhood and if the plan conforms
to the intent and spirit of the ordinance, recognizing that every situation must be looked at separately.
Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-031, "A Resolution Approving a
Subdivision of Real Property and Lot Width and Area Variances for Matthew Phillippi." Motion
passed 5/0.
9. GENERAL/NEW BUSINESS
A. Approval of 2005-2025 Capital Improvement Program for Excelsior Fire District
Administrator Dawson explained that the Excelsior Fire District Board has presented the proposed 2005-
2025 Capital Improvement Program. The Joint Powers Agreement specifies that any amendment to the
CIP requires approval by two-thirds of the member cities by April 15. Administrator Dawson noted that
three other Cities have approved the proposed CIP.
Fire Chief Mark DuCharme was present to explain the proposed Capital Improvement Plan. Chief
DuCharme highlighted the changes from the previous year, noting the Fire District modified the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 11, 2005
Page 4 of5
equipment plan by changing from a life-cycle plan to a benchmarking plan. Benchmarking equipment
considers the functional use, maintenance costs, where the equipment is deployed and how much usage
the District gets out of each piece. Another change included items less than $50,000 are paid as cash
transactions. The plan looks at replacement of the aerial at 20 years versus refurbishment at 15 years.
The tanker remains at the 25-year benchmark due to the use. Fire Engine 22 would be retained in the
fleet and used as a reserve pumper due to the minimal residual value for resale or trade. Chief DuCharme
also noted that a line item for a building fund has been included in the Capital Improvement Plan.
.
Councilmember Turgeon inquired about the amounts listed in the line item regarding Capital Truck
Maintenance.
Fire Chief DuCharme reported that the Fire Board requested that the plan include expenses from 2001-
2004 for historical data. Chief noted that the Capital Truck Maintenance line item includes the 800
megahertz, the rescue boat expenses and truck maintenance that were more capital appropriated expenses
rather than operation expenses.
Councilmember Wellens asked if there is a source the Fire Department looks at to determine adequate .
equipment needs for Cities it serves.
Fire Chief DuCharme stated that the Insurance Services Office, the National Fire Protection Association
and the Minnesota Regulations are used for equipment standards and equipment recommendations.
Mayor Love stated that the Fire Board has attempted to get a better reporting system for the Board and
Councils to consider by looking at maintenance costs of vehicles, patterns of use and justification for the .
equipment.
Councilmember Turgeon expressed concern that she still had unanswered questions, did not have
sufficient time for review or obtaining answers, and was not prepared to support the Capital Improvement
Program as presented.
Lizee moved, Wellens seconded, approving the 2005-2025 Capital Improvement Program for
Excelsior Fire District. Motion passed 4/1, with Turgeon dissenting.
.
B. Reimbursement Resolution for City Hall Project
Administrator Dawson stated that the Reimbursement Resolution is continued from the March 14
meeting. In order to qualify the purchase for reimbursement from bond proceeds, the Council needs to
adopt the Reimbursement Resolution within 60 days of the action on March 7 to purchase property
adjoining City Hall. Adopting the resolution does not commit the Council to make changes to City Hall
or issue bonds. Administrator Dawson also noted some wording change in the revised resolution to make
it clear that the Council was considering making improvements to City Hall or constructing a new City
Hall.
Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-032, "A Resolution Declaring the
Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of
Tax Exempt Bonds to be Issued by the City." Motion passed 5/0.
10.
ENGINEERINGIPUBLIC WORKS
.
There was nothing to report on at this time.
.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April11, 2005
Page 5 of5
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
Engineer Brown reported that construction along the County Road 19 intersection is to begin on April 18
with relocation of the water main along the west side of County Road 19. The construction will then
move to the area near the Police and Fire Station to work on the storm sewer. Staff is working closely
with the private and public utilities to stay on schedule.
B. Mayor & City Council
1. SLMPD Issues Group
.
Mayor Love and Councilmember Turgeon attended the SLMPD Issues Group and will keep the Council
informed of the content of these meetings.
Mayor Love stated that he attended the awards dinner of the Excelsior Fire District. Mayor Love stated
that it was good to see the dedication of the firefighters.
12. ADJOURN
. Wellens moved, Turgeon seconded, Adjourning the Regular City Council Meeting of April 11,
2005, at 8:23 P.M. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Shelley Souers, Recording Secretary
.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
.
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, APRIL 11,2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately Following Regular City
Council Meeting
MINUTES
fl
1.
CONVENE CITY COUNCIL WORK SESSION
Mayor Love called the meeting to order at 8:30 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Lizee, Turgeon, Wellens and Callies; Administrator
Dawson; Engineer Brown.
Absent:
None
B. Review Agenda
Without objection from the Council, Mayor Love proceeded with the Agenda for the evening.
2.
PRESENTATION OF DRAFT FEASIBILITY STUDY FOR STORMWATER
IMPROVEMENTS IN BOULDER BRIDGE
Administrator Dawson explained the item for Council review is a draft feasibility for stormwater
improvements in Boulder Bridge, along with review of several philosophies regarding financing stormwater
improvements.
Engineer Brown reported that the City received a petition from several residents in Boulder Bridge
regarding concern with the drainage of the Boulder Bridge pond. Brown explained the pond, which was
constructed in 1984 as part of the subdivision, was constructed with no drainage outlet. The Public Works
department needs to periodically pump the excess water down to ensure the adjacent homes are not flooded
in heavy rainfalls. The report was compiled to outline several scenarios to correct this issue.
Dave Hutton, Vice President and Engineer with WSB, summarized three alternatives outlined in the
feasibility report. The pond serves approximately ten acres of drainage area. The first alternative delineates
a gravity-fed outlet with drainage down Howard's Point Road to the perforated stormwater line in
Smithtown Road. The second alternative delineates a gravity-fed line that would run along several property
lines in an adjacent neighborhood. Mr. Hutton noted that several easements would need to be obtained for
this alternative. The third alternative would be the installation of a permanent pump facility at the north
end of the pond, adjacent to Howard's Point Road, with a forcemain underground along Boulder Bridge
Lane to a catch basin. There would be on-going maintenance and electrical costs with a pump facility.
Council examined options regarding assessments based on.,:, the three alternatives for stormwater
improvements.
Councilmember Callies suggested the City create an assessment policy to define when an assessment is
appropriate.
=tt ~,B
CITY OF SHOREWOOD COUNCIL WORK SESSION MINUTES
April!!, 2005
Page 2 of2
Councilmember Wellens asked whether dredging the bottom of the pond might provide a resolution by
creating better infiltration.
Engineer Brown stated that soil borings and percolation tests would be necessary to determine if restoring
the infiltration capability is possible. Brown noted that disposal of the material could be expensive, but
that is an option staff could look into.
Mr. Hutton suggested the City discuss a policy and use of the stormwater utility fees.
Administrator Dawson stated that they have several policies from surrounding cities that can be used for
guidance.
Engineer Brown stated that staff would add a reinfiltration alternative and explore preliminary costs.
Brown continued, noting that staff will begin developing a stormwater policy and review storm water rates
in comparison with other communities.
Councilmember Callies recommended that the policy be broaden to speak to assessments in general, not
just stormwater issues.
3. OTHER
There was no other business.
4. ADJOURN
Turgeon moved, Wellens seconded, Adjourning the April 11, 2005, Work Session Meeting at
9:26 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Shelley Souers, Recording Secretary
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
.
PAYABLES APPROVALS
For 4/25/05 Council Meeting
.
.
son, City Administrator
.
.
Date: Lj-~ f-()5
f/! / ~
Date: ~
Date: tlU/lS
.---) fI'
,.-)
PAYROLL APPROVALS
Por 4/25/05 Council Meeting
~J, ~. _
Prepared by: :cct, iP/L~
Catherir Elke, ,
Reviewed by: ~
Bonnie Burton, po
1) ')
( '1//k
-
o Accountant
Approved by:
Crai awson, City Administrator
Date: '-l-rJ /-():;-
Date: cft;:~
Date: ,4# 21 ,r;(
.
.
.
.
.
.
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
MEMORANDUM
DATE:
April 19, 2005
.
TO:
Mayor and City Council Members
FROM:
JeanPanchyshyn, Deputy Clerk
CC:
Craig W. Dawson, City Administrator
RE:
LIQUOR LICENSE RENEWALS
.
The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor
licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license.
.
All three licensees have submitted appropriate liquor license documentation and license renewal
fees. Background checks were completed, and there were no disclosable records for convictions
within the past year of any violation of laws of the State of Minnesota or City ordinances relating
to intoxicating or malt-liquor.
Council Action
Staff recommends Council adopt the Resolution approving the Liquor License renewal for
the Minnetonka Country Club, the American Legion Post #259, and the 3.2 percent malt
liquor license for Cub Foods.
.
::if- 3 ~
n
~., PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE
INTOXICATING LIQUOR & SPECIAL SUNDAY SALES
WHEREAS, the Shorewood City Code, Sections 402.02,403.05, 1300.01 and 1300.02,
provides for the licensing of the sale of intoxicating liquor in the City and requires a special license
for Sunday sales; and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and
for a special license for "Sunday Sales".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a License for the "on-sale" of intoxicating liquor and a special Sunday License for
sales be issued for a term of one year, from June 1, 2005 to May 31, 2006, consistent with
the requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Address
Minnetonka Country Club
24575 Smithtown Road
Shorewood, MN 55331
ADOPTED by the City Council of the City of Shore wood this 25th day of April, 2005.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE
INTOXICATING LIQUOR & SPECIAL SUNDAY SALES
WHEREAS, the Shorewood City Code, Sections 402.02,403.05, 1300.01 and 1300.02,
provides for the licensing of the sale of intoxicating liquor in the City and requires a special license
for Sunday sales; and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and
. for a special license for "Sunday Sales".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
That a License for the "on-sale" ofintoxicating liquor and a special Sunday License for
sales be issued for a term of one year, from June 1, 2005 to May 31, 2006, consistent with
the requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Address
American Legion Post #259
24450 Smithtown Road
Shorewood, MN 55331
.
ADOPTED by the City Council of the City of Shorewood this 25th day of April, 2005.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
.
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING A 3.2 PERCENT "OFF-SALE"
MALT LIQUOR LICENSE SALES
WHEREAS, the Shorewood City Code, Sections 402.05 provides for the licensing of the
sale of3.2 percent malt liquor in the City~ and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee~ and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance ofa license for the "off-sale" of3.2 percent malt liquor
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a License for the "off-sale" of3.2 percent malt liquor be issued for a term of one
year, or that portion thereof, from June 1,2005 to May 31,2006, consistent with the
requirements and provisions of Chapter 400 of the Shorewood City Code, to the following
applicant:
Applicant
Address
Shorewood 2001 L.L. C,
Dba, Cub Foods
23800 State Highway 7
Shorewood,:MN 55331
ADOPTED by the City Council of the City of Shore wood this 25th day of April, 2005.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
4-
..
.
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
MEMORANDUM
DATE:
Apri121, 2005
CC:
Mayor and City Council Members IIJLI~
Jean Panchyshyn, Executive Secretary/Deputy Clerk ].,..-
Bradley 1. Nielsen, Planning Director ~
Craig W. Dawson, City Administrator
.
TO:
FROM:
.
RE:
. EXCELSIOR FIREFIGHTERS RELIEF ASSOCIATION DANCE -
JULY 15, 2005
.
The Excelsior Firefighters Relief Association (EFRA) has submitted several documents in
support of its annual fundraising event at the Fire Station located at 24100 Smithtown Road on
July 15, 2005. The event will take place between the hours of 5:00 P.M. and Midnight. This
will be the 21st year that the Relief Association has held this fundraising event. This is the
second year this event will be held in the City of Shorewood. It is the EFRA's only fundraising
event, and has historically been profitable. The Excelsior Firefighters Relief Association is
requesting that all permit fees be waived for the following required permits:
1) Temporary 3.2 Percent Malt Liquor License This is a temporary license to serve 3.2
percent malt liquor on the day of the dance, July 15,2005, between the hours of5:00
P.M. and Midnight. The South Lake Minnetonka Police Department has indicated that
the individuals serving alcohol will be required to attend a training session prior to the
event. Approval of the license is contingent upon receipt of appropriate Certificate of
Liquor Liability Insurance, which the Excelsior Firefighters Relief Association is in the
process of securing. A resolution is attachment for Council consideration.
2)
Special Event Permit. The applicant has submitted a Special Event Permit, which has
been reviewed and approved by the SLMPD and Zoning Administrator. The SLMPD has
indicated they will coordinate with the Fire Department on additional law enforcement
needs. Approval of the permit is contingent upon receipt of appropriate Certificate of
.
;Jt- 3 D
n
trJ PRINTED ON RECYCLED PAPER
April 21, 2005
Page Two
Liability Insurance, which the Excelsior Firefighters Relief Association is in the process
of securing. A copy of the application is attached.
3) Temporary Sign Permit. The applicant has requested a temporary sign to be placed on
the site the day of the event. The sign will be 3' x 6' and within the permitted area at the
Public Saf~ty Facility site at 24100 Smithtown Road. A copy of the proposed sign is
attached. The Planning Director has approved the sign request.
Council Action
Approval of the following permits in support of the Excelsior Firefighters Relief Association
annual fundraising dance on July 15, 2005, from 5:00 P.M. to Midnight:
1) Adopt a Resolution approving the Temporary 3.2 Percent Malt Liquor License,
contingent upon receipt of the appropriate Certificate of Liquor Liability Insurance and to
waive the $25 license fee (as the City is a member of the Excelsior Fire District);
2) Approval of the Special Event Permit, contingent upon receipt of the appropriate
Certificate of Liability Insurance
3) Approval of the Temporary Sign Permit
. It..
.
.
.
.
.
.
..
..
.
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON-SALE"
MALT LIQUOR LICENSE
WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale
of 3.2 percent malt liquor in the City; and
WHEREAS, said Code provides that an applicant shall complete an application, and shall
fulfill certain requirements concerning insurance coverage, and;
WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled the
requirements for the issuance ofa temporary license for the "on-sale" of3.2 percent malt liquor:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a temporary license for the "on-sale" of3.2 percent malt liquor be issued to the
Excelsior Fire Fighters Relief Association, for its fundraising event on July 15, 2005 from
5:00 P.M. to Midnight, at 24100 Smithtown Road.
BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the
temporary 3.2 Percent malt liquor license fee be waived.
ADOPTED by the City Council of the City of Shorewood this 25th day of April, 2005.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
Apr 12 05 12:34p
Cit::l Shorewood
9524740128
p.2 .j4
.
CITY OF
SPECIAL EVENT
PERMIT APPLICATION
S H 0 REW 00 D " (pursuant to City Code, Chapter 505)
5755 Country Club Road · Shorewood, Minnesota 55331
(952) 474-3236 Fax: (952) 474-0128
(please Print or Type)
.
Today'sDate~ gJiC/!J6
Application Fee: nfa
Receipt # nla
Event to be Registered: Any person or persons sponsoring a event at which it may reaSonably he anticipated that
there will be more than 75 persons in attendance shall, prior theretO. register such event with the City Clerk, giving the
location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance.
l'ermit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which
it may reasonably he anticipated that there will be more than 75 persons in attendance, shall be permitted at the same
location unless the person or persons who propose to sponsor the same shall first have obtained a special permit
therefore approved by the City Council. Application for such permit shall be made to the City Clerk.
Event Loeation2tl:1OCJ Yni1h/vWn ?a1d Date of Event: ~d
Number of Persons (anticipated), to AtteI d: '2tJO . Time: t:pn
purpose I 0lI
.
Sponsor's Name(s) I
Daytime Phone #: qI?L' 1.f7t.f1?O~ Evening Phone # I~m~.
S ecial parking or Safe'r Provisions (e.g.. traffic control, parking, pedestrian access): ·
r t'ffrf2t · n 4 '~UG5' I
(AJrt
EpfprcelJ1elft: A police officer may order all pemons plOSOl1t in any such group or galh<:ring liom which such ooise ~
other 1han the owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged
under this Chapter should the continued health, safety, comfort, and repose of the public be injeopardy, or if1he event i.
in violation of the provisions of Chamber 501 of the Shorewood City Code. Failure to comply with the conditions ofth
Special Events P . may result in police enforcement
Applicant's Signature:
Date:4g!OG
Allow 5 business days for processing
_____------------------------------ For Office Use Only ------------.----------------------
~'-~*
SLMPD: ' ..
Fire~l:- '.. - .
Zoning Administrator: ji;;;;"/!'J"J _ f. r; 4"~' .J
City Administrator: V
q -lq"O)"-
Date:
: Date:
Date:
Date:
.
0'.... Ci<, ,rs_ ''J' coo",,: ~'b Rood. ",.wood. MN "" I copy..~. Lob ""OM!" "'Ii~ -,'.. ',:" ......... Appli~
.;#' W,ll c",or,f}, ^...M- 'V.11-.. h'.c r1.fJ. 4- ~1!.l..J.-"^J 4voJ &{;,,~~.
, UA/lJJJ1ElAASGt(j ,,'LX) _tp-I-<y .]0 ;j-uaJ} U1., ,-fo/lO dlJlj \f\^
, .
?
.I ~/
d. f)UW..... . . .~.'.."."" W.' ..... ...... . .
., .., ~ .
. - ,.' - - .. .
. ' - - ' ,..'
it
.
.
'1
J .1' . ".
.
e.. ".
.
.
.
~.
.
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
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator; Larry Brown, Director of Public Works
April 13, 2005
Lifeguard Services Agreement for 2005
.
The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard
services are shared by the cities. Minnetonka Community Education and Services (MCES) has
provided these services for five cities within the Minnetonka Independent School District and has
submitted a proposal for 2005 Services.
.
Area cities also received a proposal from Minnesota Safety Services (MSS), a new company formed
by John Raby, who through last year coordinated lifeguard/swimming lesson programming for
MCES. His proposal was slightly less in cost than MCES's, and he plans to hire many lifeguards who
had worked for MCES. The City of Deep haven and the City of Excelsior have selected MSS to
provide services in 2005, and the City ofChanhassen has selected MCES.
Shorewood shares Crescent Beach with Tonka Bay. At its meeting on April 12, the Tonka Bay City
Council approved the agreement for services with Minnesota Safety Services.
The proposed agreement from MSS is attached.
.
i
· The beach would be staffed in 2005 for approximately the same time period as in 2004
(June 4 through August 21, 2005)
· The fee for services would be $3,477 in 2005; this is slightly less than the 2004 fee of
$3,513.
Sufficient funding is included in the 2005 budget to meet the proposed fees.
RECOMMENDATION:
Staff recommends that the City Council approve and authorize the City Administrator to
execute the Agreement for 2005 Lifeguard Services with Minnesota Safety Services.
.
#.
~J PRINTED ON RECYCLED PAPER
#-3E
AGREEMENT FOR
CITY OF SHOREWOOD - SUMMER 2005
AGREEMENT made this _day of , between Shorewood, a
Minnesota Municipal Corporation ("City") and Minnesota Safety Services, LLC (the
"Contractor' .)
WHEREAS, the City has requested that the Contractor provide a Lifeguard Service
during the 2005 Swimming Season for Crescent Beach.
WHEREAS, the City understands that their beach service agreement with the Contractor
is part of a total program operated by the Contractor of one beach located in two
participating communities.
NOW THEREFORE, the parties agree as follows:
I.
CONTRACTOR'S SERVICES
A. Lifeguard Service. The Contractor agrees to provide the City with qualified
and Red Cross certified personnel to Lifeguard the above stated beach from
June 4, 2005 through August 21, 2005 on a seven day per week schedule from
12:00 noon to 7:00 p.m. daily (weather permitting).
B. The Contractor agrees to provide:
a) an appropriate number of lifeguards on duty at all time, according to
any applicable industry standards or regulations;
b) lifeguard staff with ongoing in-service training during the summer
season;
c) supervision of lifeguard personnel;
d) all necessary safety equipment for the Lifeguard Services.
II.
CITY OBLIGATIONS.
A. Beach. The City agrees to provide a safe, clean and well-maintained beach
and beach area as stated in this agreement. This includes defined swimming
boundaries; sand and water free of debris and safety hazards; clean and
sanitary restrooms; and a lifeguard station. The City agrees to provide a
working staff only telephone and lifeguard chair(s) as well as a safety boat
with oars.
B. Payment. The City agrees to pay Contractor for 50% of all expenses for
Crescent Beach ($6,954)
13 4"11
''(
The City agrees to pay the Contractor a total of $9-;447 divided into three
equal payments of$I,159 on June 1, July 15, and September 1,2005 in return
for services as stated in this agreement.
..
.
.
.
.
.
1
'.
.
.
.
.
.
IV.
v.
III.
INDEMNIFICATION - Contractor agrees to indemnify and hold harmless the
City, it's employees and officers from any and all liability, loss, costs, damages,
and expenses including but not limited to property damage and personal injury,
including death, which arise in connection with any acts or omissions of
Contractor's employees. The City agrees to indemnify and hold harmless
Contractor and it's employees, officers, and agents from any and all liability, loss,
costs, damages and expenses including but not limited to property damage and
personal injury, including death, which arise in connection with the City's
performance of this Contract or in connection with any acts or omission of City
employees.
REPORTS. Contractor will provide the City with all necessary information
relating to the Lifeguard Service and Swimming Lesson Program in order for the
City to properly maintain the beach. On an as need basis the President or
Aquatics Supervisor will report to the City representative in regards to incidents
and/or accidents. At the end of the season (October 15) the Contractor will
provide the City with a full report of beach activity during the season.
LIABILITY. Employees of the Contractor and all other persons engaged by the
Contractor in the performance of any work or services required, volunteered, or
provided for herein to be performed by Contractor shall not be considered
employees of the City and any and all claims that mayor might arise under the
Worker's Compensation Act of the State of Minnesota on behalf of said
employees while so engaged in any of the work or services provided to be
rendered herein, shall in no way be the obligation or responsibility of the City and
all other persons engaged by the City in the performance of any work or services
required or provided for herein to be performed by the City shall not be
considered employees of the Contractor, and any and all claims that mayor might
arise under the Worker's Compensation Act of the State of Minnesota on behalf
of said employees while so engaged and any and all claims by any third parties as
a consequence of an act or omission on the part of said employees so engaged in
any of the work or services provided to be rendered herein shall in no way be the
obligation or responsibility of the Contractor.
2
VI. INSURANCE. The City is responsible.for obtaining property and liability
coverage for the cities' beaches. Contractor will maintain professional liability
and comprehensive general liability coverage for all employees in an amount
consistent with Chapter 466 of the Minnesota Statutes.
VII. TERM OF AGREEMENT. Notwithstanding the date of the signature of the
parties to this Agreement, upon acceptance by all parties, this Agreement shall be
deemed to be effective upon signature by all parities and shall remain in effect
until October 1,2005, unless earlier terminated by either party, with or without
cause, upon 45 days written notice or as otherwise provided in this Agreement.
VIII. DEFAULT. If Contractor or City fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of
this Agreement, this shall constitute default. Unless the party in default is
excused by the other party, the non-defaulting party may upon written notice
immediately cancel this Agreement in its entirety.
IX. SUBCONTRACTORS. Contractor shall not enter into any subcontract for
performance of any services contemplated under this Agreement nor assign any
interest in this Agreement without the prior written approval of the City and
subject to such conditions and provisions as the City may deem necessary.
Contractor shall be responsible for the performance of all Subcontractors.
.
.
.
.
.
"
.)
.
.
.
.
.
XI.
x.
AUTHORIZED REPRESENTATIVES. The parties to this Agreement shall
appoint an authorized representative for the purpose of administration of this
Agreement. The authorized representative of the City is:
Name
Title
Address
City
MN
Phone: (952)
The authorized representative of the Contractor is as follows:
John Raby, President
Minnesota SafeZ Services, LLC
26960 West 620 Street
Excelsior, MN 55331
(952) 470-4156
AMENDMENTS. Any amendments to this Agreement will be in writing and
will be executed by the same parties who executed the original Agreement, or
their successors in office.
XII. ENTIRE AGREEMENT. It is understood and agreed that the entire Agreement
of the parties is contained herein and that this Agreement supersedes all oral
Agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous Agreements presently in effect between the parties
relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed intending to be bound thereby.
CITY OF SHOREWOOD
BY:
Name & Title
DATE:
MINNESOTA SAFETY SERVICES LLC.
~/
BY, ~RabY' P....ident
DATE: 1.- 1,- Or
4
.
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
MEMORANDUM
Date:
April 21, 2005
.
To:
Honorable Mayor and City Council Members ....
Bonnie Burton, Finance DirectorfTreasurer ~.
From:
Re:
Real Estate Purchase: Inter-fund Loan Repayment
.
cc:
Craig W. Dawson, City Administrator
Attached for your review and approval is a resolution memorializing the transfer
of funds and subsequent repayment terms for the inter-fund loan used to recently
purchase the residential property at 5795 Country Club Road.
.
As Council will recall, the City 'borrowed' from the Sewer Fund for the property
purchase. Repayment to this fund is recommended at a rate of 5% per year in
semi-annual payments, over a period of 6 years. The City has the option to
prepay the debt in whole or part at any time.
This action simply memorializes the intemalloan and provides an audit trail for
the City's financial system. Please advise if you have questions or if I can be of
additional assistance.
Action Requested:
.
The City Council is requested to approve the Resolution "Authorizing a Transfer
of Funds from the Sewer Fund to the General Fund; Setting the Terms and
Providing for the Repayment Thereof'.
n
~.1 PRINTED ON RECYCLED PAPER
#3F
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION AUTHORIZING A TRANSFER OF FUNDS
FROM THE SEWER FUND TO THE GENERAL FUND; SETTING THE TERMS AND
PROVIDING FOR THE REPAYMENT THEREOF
WHEREAS, the City Council recently authorized the purchase of the residential property
immediately to the south of the city hall, and known as 5795 Country Club Road, Shorewood, MN
,Pill No. 33-117-23-14-0031; and an offer by the City to purchase this land has been made,
accepted, and concluded; and,
WHEREAS, the purchase was financed by a transfer of funds from the Sewer Fund to the
General Fund; and the City wishes to repay the inter-fund loan and transfer of funds from the Sewer
Fund at a fair market rate of return through the use of General Revenues; and the Council has
considered such provisions and specifications for the loan and repayment and found them to be fair
and reasonable;
.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
1. A transfer of $310,000 from the Sewer Fund to the General Fund is hereby authorized .
by the Shorewood City Council.
2. The inter-fund loan will be repaid at an interest rate of 5% per year and will be payable
in semi-annual payments. The interest on the bonds will be payable on August 1 and
February 1 of each year, commencing on August 1,2005.
3. The City may elect to prepay the debt in whole or in part at any time. Redemption will
be at the option of the City and in such manner as the City will determine.
ADOPTED by the City Council of the City of Shorewood, Minnesota, this 25th day of
April 2005.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
.
.
. City of Shorewood, Minnesota
Debt Management
$310,000 Real Estate Purchase: 5795 Country Club Road
Interfund Loan: $310,000 from Sewer Fund (611) to General Fund (101)
Loan Date: 03/16/2005
Debt Service
Due Interest Total Date Principal
Date Principal Rate Interest Payment Paid Balance
8/1/2005 50,000.00 5.00% 5,860.27 55,860.27 260,000.00
2/1/2006 5.00% 6,410.96 6,410.96
. 8/1/2006 50,000.00 5.00% 6,410.96 56,410.96 210,000.00
2/1/2007 5.00% 5,178.08 5,178.08
8/1/2007 50,000.00 5.00% 5,178.08 55,178.08 160,000.00
2/1/2008 5.00% 3,945.21 3,945.21
. 8/1/2008 50,000.00 5.00% 3,945.21 53,945.21 110,000.00
2/1/2009 5.00% 2,712.33 2,712.33
8/1/2009 50,000.00 5.00% 2,712.33 52,712.33 60,000.00
2/1/2010 5.00% 1,479.45 1,479.45
. 8/1/2010 60,000.00 5.00% 1,479.45 61,479.45
TOTALS: 310,000.00 45,312.33 355,312.33
.
03/15/2005 11:18 FAX 9524750592
BURNET TITLE WAVZATA
U.S. Dllpartment 01 HawIng Q e v' 1'5. f) d.i
and Urb.n Dewlopment f,. '-
~ 002/003
A. SoW.amt Statement
OMS ApprOI/$1 No. 25Q2-Q2"5
B. Type of Loan
1. [ ] FHA 2. [ ] FmHA 3. [ 1 eonv.unins.\6. File Number: 17. Loan Number. I 8. MortgagelnsullInce ene Number.
4. l 1 VA 5. I Conv.lns.
5-23784-IMB
THIS NOTE IS FURNISHeC TO GIVE YOU A STATEMENT OF ACTUAL. SETTLEMENT COSTS. AMOUf\ITS PAID TO AND BY THE
SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C.)" 'A'ERE PAID OUTSIDE THE CLOSING: THEY ARE. SHOVlIN HERE FOR
INFORMATIONAL PURPOSES AND NOT INCLUDED IN THE TOTALS.
D. NIIM and ACId... of BOl'I'OWet I E. Nan and Add,,*, of s....r
CITY OF SHOREWOOD STARKER SERVICES, INC. AS 1031
EXCHANGE INTERMEDIARY FOR
5755 COUNTRY C!.UIiI ROp.[) MICl-lAeI. A. ~UeR ANO !.ORI A.
SHORewoOO.MN5~1 ~UER
.
C. NOTE:
IF. Name and Addswa of Lender .
CASH
.MN
2376 COPElAND ROAD
MAPLE PLAIN, MN ~59
G. PR.OPERTY LOCATION
6'795 COUNTRY CLUe ROAD ,
SHOREWOOO. MN 553S1
COUNTY: HENNEPIN
PARCEl. 10: 33 11723 1-' 0031
H.8ettIem8ntAgent
BURNET TITLE
Il'Iaca of 8AttIemonl
201 EAST LAKE STREET,
'AYlATA. MN 56391
I. S81tJemont Data I
Dl5burw.nwnt DUe
311812005 11 :00:00
AMI3/1 Ell200S
J. SUMMARY OF BORROWER'S TRANSACTIONS K. SUMIIIARY OF SI5LLER'S TRANSACTIONS
100. Grou Amount Due From Borrower 4CICI. ca...... Amount Du. To Seller
101. Purchau Prlce ; $305,000.00 401. Purchase Prlce
102.PersonaIProp&rty 402. Pellional Property
1Da. SdlelMnt Ctmrg_ to Bonvwlll' $1.493.25 403.
1004. Eemallt Money Refund to Thames Penn $Ii,OOO.OO 404.
105. Assignment Fu to Thomas Pann $500.00 405.
AdJuatmen" For.nII Paid By S....r In Adwnce Adj_trnltnit Fot ltemt hid Py Seller In "(lV",~
10e. CIl';{lTown Taxes 408. cltyrrown TaxeI
107. countyTaXet1.479.9&l6 mOl 3/16/2005 to 71112QtX; $874.91 4(fT. COI,I!lW TllXell
108. Aue&&mel1W 40&. AAe*ementll
109. 400,
110. -'10.
111. 411.
112. -'12.
120. caroN Amount Due Ftom Borrower I $312,868.16 GO. Gross Amount DUB To Seller I $0.00
lOCI. Amounts PaIcI av- Or In &.half Of BOlTOW8r 100. RtcluCUOn.e In AmOUR,Oue To $ellor
201. Ellmest Money $5.000.00 501. Exll8ss deposit
202. Prlnclpal AmoLll1. of New Loan(5l lI02. s.ltlOmIftt Chargu To Seller (line 1400) $0.00
203. ExIsting Ioan(s) taken lubJed to ~. Existing Loan(s) taken SubjeCl. To
204. 504. Payolf of FII'$t Mor\g*Ot Loan
2.05. 505. Payoff of Seeond Mortgage LOlln
206. , 506.
207. 507.
208. l508.
209. 509.
Adlustrnents For I~ Unpaid By Beller AdIU1t1Mnta For "RIll Unpaid By Seller
210. Cltyrrown TaxllS $10. Cltt'rrown T8lC8S
211. CIllJ'ltyTaxe8 511. CounlyTaxis
212. .A.Hessmenle $12. AS$&ssments
~13. 513.
214. 5104.
2115. 515.
218. 518.
217. 517.
2.18. 518.
219. 519. ' . -~ "" ..
~U'~_~OUU' .::.. )fU
r $5,000.00 520. Total Reductlon Amount Due Seller
220. ToIaI Paid SylFol' Borrowe
3OD. CUh At Se&ment FromITo 8o~r
301. GI'O$& Amount CUe From BOlTOW\lr (Ilne 120)
302. Lese Amount4 paid By/For BOlTOWsr Qlne 220)
eao. Cuh At Sew_nt ToIFr'Or'I'I Seller
$312,868.18 601. Gto$$ Amount CUe To SeUer (lIne 420)
$5.000.00 602. Leas DeduCtions In Amt DUB To Seller (line 520)
$O.QO
$0,00
:S03. Cuh [X 1 From I ] To Borrowet
$3Q7,668.18 103, caal\ [ 1 To [Xl From Seller
so.oo
03/15/2005 11:19 FAX 8524750592
BURNET TITLE WAVZATA
~ OO~/OO~
PagEl 2
5.23784 - 1MB
" L SettlemGnt Statlnwnt
700. Total Sa... COll'lmIMIQn
Division 01 Commission (line 700) tv. Follows;
. LIsting Agent commission
. Selling Agent Commission
70a. Commission paid at GElttlement
707. Broker Adfl'lini$1l'atlve COmm. (Buyer) to CoidweU Bllflker Burnet
Paid From Borrower'$ Paid From SIiIRer's
Funds At Settlement Funds At Setllemllnt
$260.00
800. It8I'fRJ pevableln Connection WIth Loan
801. Loan Origination FIlIl
80,. Loan Discount
&03. Appt$l$Al FIl6
&04. emit Report
B05. Lender's Inspection Fee
900. ltlIlm Requlm! By LenHr To Be P.1d In Advance
901. Intel'$$l From
1il02. Mortgage ImMal'lce Pl'6mlum for
903. Huard Insurence Premium for
1000, ReMN" DepolJlt8d W\ttl under
1001. Hemrd Insurance
1002. Mortg(lge Insurance
1004. County Property TaXe,
100. Tit!. 0.... ..
1. Setllement or dosing fee to Bl,lmat TIlIIlI Maw WGat i1Ue
02. Title Evidence to eumet Title
1103. Title examination to Burnet TItle
1106. Assessment and 6ellrch Review to Bumet Title
1107.000 Prep Fee
1108. Tille Insurance to BUrnet Title
11 O~. Lel'lder's Coverage $0.00 ($)
1110. Owner's coverage $305000.00 ($El93.76)
112. Plat I Inspection and Review to Burnet TiUe
1114. Recording ServIce Charge to Burnet TItle
1115. Courter Service ~ P!'Oe8sslng to Bl,lmet Title
1116. WIre Foe proceeds to Bvn'\lllt Title
1ZOO. Govel'l\lMnt ReGOtdln And TraMftr ctI.I1IH
1201. RecordIng Fees: Deed $ 34.50; Mongage $
1202. City/county taxlawmptl
1203. State Deed Tad 1037.00
1204. Conservation Fee
205.
207. Release of Mortgage / COA.
1300. Additional s.tIIement Chal1l-
1400. Total SQUJement ChaI1l" (Enl$r On Un.. 103. $8etlon J And &02, e.ctIon K) $1.4Q3~ $0.00
I have carefUlly reviewed the HUD-1 SeUI.ment StatBment and to tne best of my ICnow16dge and belief it is trUa and uowratfl statement of all reeaipts and diabl,ll't;Aments
made on my accounl or by I'I'l$ In thlslransactiol'l. I fur1her certify U'tet I have reallved a copy of 11'18 HUC-1 Settll!lmenl StaterMn~
5130.00
$993.7ti
$60.00
$25.00
$:;4.50
BUYERS
C~ty of Shorewood
sa.LERS
StaOOitr Senrices. Inc. as 1031 EXcIIange Inl.em1ediary for Michael A. Bauer
and Lori A. Bauer
aY. Craig W. Daweol'l, Admlnl&trator
By: .
TM !-IUo-1 Settlement Statement which I haw prepared ii il tl'Ue and aocurat.e at:COvn\ of this tnmsilCIIOI'l. I have caused or will cauu lhe fundS to be disbursed in
accortlante with this siatement.
Data
3J16J200511:00:ooAM
s.ttIement AGent
BURNET TITLE
.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT
.
TillS ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT ("Assignment") is made as of
this _ day of March, 2005, by and between Thomas H. Penn ("Assignor"), the City of Shorewood, a municipal
corporation ("Assignee") and Michael A. Bauer and Lori A. Bauer (collectively, "Seller").
RECITALS
A. On February 14,2005, Assignor entered into a Purchase Agreement (the "Purchase Agreement") with
Seller, for the purchase of property located at 5795 Country Club Road, City of Shorewood, Hennepin County,
Minnesota.
B. Assignor desires to assign all its rights under the Purchase Agreement to Assignee and Assignee
desires to assume Assignor's obligations thereunder.
C. Seller is executing this Assignment for purposes of acknowledging the Assignment.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, the undersigned agree as .
follows:
1. In exchange for the sum of Five Hundred and No/l00 Dollars ($500.00), the receipt of which is hereby
acknowledged, Assignor does hereby sell, assign, pledge and transfer to Assignee all of its right, title and
interest in and to the Purchase Agreement.
2.
Seller and Assignee agree the purchase price referenced in the Purchase Agreement is changed to Three
Hundred Five Thousand and No/IOO Dollars ($305,000.00).
3.
Assignee hereby assumes all Assignor's obligations under the Purchase Agreement.
.
4. The earnest money paid by Assignor to Seller shall be applied to the purchase price. Assignee shall pay to
Assignor at closing $5,000.
5. Assignor, Assignee and Seller agree that the recitals constitute a material part ofthis Agreement and are hereby
incorporated into this Agreement.
IN WITNESS WHEREOF, the undersigned have caused this Assignment and Assumption of Purchase .
Agreement to be executed as of the date first above written.
ASSIGNOR:
ASSIGNEE:
Thomas H. Penn
City of Shorewood
The undersigned, Sally G. Hebson, hereby consents to the foregoing Assignment, for the sole purpose of conveying
her spousal interest.
Sally G. Hebson
SELLER:
.
Michael A. Bauer
Lori A. Bauer
2594725vl
.
.
.
.
.
BURNET TITLE
ACCOUNT NO.
406-48000..2510
Vendo;r# 50095
Check# 39525 03/15/2005
INVOICE NO. DATE AMOUNT DUE
03/15/05 307,868.16
DESCRIPTION
LAND PURCHASE- CTRY CLUB RD
.307,868.16
" -,",..<oM'"
1110 :P15 2 Sill I:Oq ~q08 7001: ~OO ObI. jlll
~
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
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
.
DATE:
April 21, 2005
RE: Reschedule the Date for the Public Hearing for the Extension of Municipal Water on
Timber Lane
.
On March 28, 2005, the City Council set April 25, 2005, for the Public Hearing for the Extension of
Municipal Water on Timber Lane. There has been a need to change the date for this Public Hearing to
May 9, 2005. A Resolution Declaring Cost to be Assessed, Ordering Preparatiori of Proposed
Assessment, and Ordering an Assessment Public Hearing is in order.
.
It should be noted that if the public hearing is performed with little concern raised by the affected
residents, it is probable that staff will recommend approval of the plans, specifications and estimate
and authorization for advertisement of bids on that same night as the public hearing is conducted. This
compressed schedule insures a competitive bidding climate.
Recommendation
Staff recommends approval of a Resolution Declaring Cost to be Assessed and Ordering Preparation of
Proposed Assessment and Ordering an Assessment Hearing for the Timber Lane Watermain Project on
May 9, 2005.
.
#::3G
n
t.~ PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 05-_
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
AND ORDERING AN ASSESSMENT HEARING
WHEREAS, costs have been estimated for the improvement of Timber Lane Watermain
Project and the price for such improvement is estimated to be One Hundred Eighty Three
Thousand Twenty Six and No/lOO Dollars, ($183,026) and the expenses incurred or to be
incurred in the making of such improvement amount of One Hundred Eighty Three Thousand
Twenty Six and No/lOO Dollars, ($183,026), so that the total cost of the improvement will be
One Hundred Eighty Three Thousand Twenty Six and No/lOO Dollars, ($183,026).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, as follows:
1.) The portion of the cost of such improvement to be paid by the City is hereby estimated
to be Thirty One Thousand Seventy Four and NO/lOO Dollars ($31,074) and the portion of the
cost to be assessed against benefited property owners is estimated to be One Hundred Fifty One
Thousand Nine Hundred Fifty Two and NO/lOO Dollars ($151,952).
2.) Assessments shall be payable in equal annual installments extending over a period of
fifteen (15) years, the first of the installments to be payable on or before the first Monday in
January, 2006, and shall bear interest at the rate of six percent (6%) per annum from the date of
the adoption of the assessment resolution.
3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law,
and he shall file a copy of such proposed assessment in his office for public inspection.
4.) A public hearing shall be held on such proposed assessments on the 9th day of May,
2005 in the Council Chambers of the City Hall at 7:00 p.m., and the Clerk shall give mailed and
published notice of such hearing and assessments as required by law.
5. ) The City Clerk shall upon the completion of such proposed assessment notify the
Council thereof.
.
.
.
.
.
.
.
.
.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th
day of April, 2005.
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
MEMORANDUM
DATE:
April 21, 2005
TO:
Mayor and City Council
.
FROM:
Jean Panchyshyn, Deputy Clerk
CC: CraigW. Dawson, City Administrator/Clerk
Larry Brown, Public Works Director
RE: Motion to Accept Vendor Services for Spring Clean-up
.
On January 24,2005, Council set May 21,2005, as this year's Spring Clean-up Day. Each year,
quotes are requested from three licensed trash haulers for Spring Cleanup Day. Waste
Technology, Inc. provided the best pricing for the services requested. As a reference, Waste
Technology, Inc. has provided Spring Cleanup services for the past several years. StafIis more
than pleased with the level of service provided. A copy of the quote from Waste Technology is
attached.
.
As in past years, proposals were also received from Greenman Technologies ofMN, Inc. for Tire
Disposal services and lR. ' s Appliance Disposal, Inc. for Appliance and Electronics Disposal
services. Copies of the proposals are attached. This year, lR.'s Appliance Disposal, Inc., is
accepting several new electronics items, such as televisions, cameras, and computer monitors,
among others.
Staff is recommending approval of a motion that awards the contract for Spring Clean-up
Services to Waste Technology, Inc.
Council Action
Approval ofa motion awarding the Contract for 2005 Spring Clean-Up Services to Waste
Technology, Inc.
.
n
'-~ PRINTED ON RECYCLED PAPER
:14;;. ,-5 If
PROPOSAL FORM
.
FOR SPRlNG CLEANUP SERVICES FOR THE CITY OF SHOREWOOD, MINNESOTA
QUOTER'S FIRM NAME: L~ ~J- LTtLLnO (O~ V\:r;,AJ(
OFFICIAL ADDRESS: ~'f.l'" NObiC Cw'LMO -J
~1""'oQl('1" Pt,r-lc /V]/J S-~-L/t/!J
PHONE NUMBER: 7" ~ - S I S- - / q 5S-
FAX NUMBER: 7fo~~' '3(5"- I ~I '-{
TOTAL QUOTE
$'3<(3?O, OD
To The City Council of:
Shorewood, Minnesota
5755 Country Club Road
Shorewood, Minnesota 55331
.
City Officials:
1.
The following proposal is made for furnishing of all labor, materials and
machinery necessary to perform curbside pickup and proper disposal of
refuse items, placed by the residents of Shorewood curbside through out the City
of Shorewood; in addition to providing pickup and disposal services at the
Shorewood Public Works Facility, located at 24200 Smithtown Road.
.
2.
The Undersigned certifies that the Contract Documents listed in the in the
instructions to firms providing quotes or proposals have been carefully examined,
and that the site of the work has been personally inspected. The Undersigned
declares that the amount and nature of the work to be done is understood, and that
at no time will misunderstanding of the Contract Documents be pleaded. On
the basis of the Contract Documents, the Undersigned proposes to furnish all
necessary apparatus to furnish all the materials in the manner specified, to accept
as full compensation, therefore, the sum ofthe various products obtained by
multiplying each unit price herein bid for the work or materials, by quantities
thereof actually incorporated into the completed project, as determined by the
Engineer. The Undersigned understands that the quantities mentioned herein
are approximate only, and are subject to increase or decrease, and hereby
proposes to perform all quantities of work as either increased or decreased, in
accordance with the provisions of the specifications, at the unit prices quote in
the following Proposal Schedules, unless such schedule designates lump sum or
plan quantity quotes.
.
3. PROPOSAL SCHEDULE: Quoter agrees to perform all work described in the
Specifications for the following unit prices: ,."'"~",." .
; .
;_"'. i'
~ '; -! i;:, ~~l, q 5
.
Spring Cleanup Services 2005
I
.
PROPOSAL FORM
SECTION 1.0
CURBSIDE PICKUP THROUGH OUT THE CITY OF SHOREWOOD
Item Quantitv Unit Unit Price Subtotal (1)
1. Curbside Pickup 1 Lump sum $ $r27rJ)O (YO
Service
2. General Refuse 130 Ton $ '-IS 00 $S~(j. CO
. SECTION 2.0
ROLL OFF CONTAINER PLACED ON DELLWOOD LANE
.
1. Roll Off Container
10 Cubic Yards
1
Each
Unit Price Subtotal (2)
$(j70,OO $ d70rfO
Item
Quantitv
Unit
SECTION 3.0
PUBLIC WORKS SITE - ON SITE SERVICES
Item Quantity Unit Unit Price Subtotal (3)
. 1. General Refuse 10 Ton $ <IS (YO $ tjS) &~
2. On Site Personnel 27 Person Hrs $3000 $ ?to.GO
Total Quote = Subtotal (1) + Subtotal (2) + Subtotal (3) - $ ~V5 fa tJ()
(Total Quote shall also be noted top left of page 1 of this proposal form)
.
Spring Cleanup Services 2005
2
PROPOSAL FORM
.
4.
The Contract shall be awarded to the lowest responsible firm with the lowest quote for
the Total Quote, as defined above. The Owner reserves the right to delete any items
of the proposal form.
5.
In submitting this proposal it is understood that the right is reserved by the Owner to
reject any or all proposals and to waive informalities.
6.
In submitting this proposal, the Undersigned acknowledges receipt of Addenda
Nos. issued to the Contract Documents.
7.
If a corporation, what is the state of in~oration? ~
C~,) 2-~S ff ~ . j f f ~A r7 0 ~ '--1 :r::.Ale ;
8.
If a partnership, state full name of all co-partners.
.
Firm Name: LA )es/G * P/?()~ :r -uc_.
BY:OC>.J ~c( Hri(jt.s .
~ .ert I I
Tit(_t~~
BY:.:L<.:-....(;"./ '. k~~'"
Title: "Prt-_~ I ere;;' ./l+
Official
)
.
Dated
,2005
.
.
Spring Cleanup Services 2005
3
~
.~
J.R.'S Appliance Disposal Inc.
10619 Courthouse Blvd., Inver Grove Heights, MN 55077
Telephone (651) 454-9215 Fax: (651) 454-8345 (800) 358-6563
Website: jrsappliance.com e~mai1: recycle@jrsapptiance.com
SCHEDULlNG/RESERVATlON FORM
Customer/Agency: City of Shorewood.
Contact Person: Pat Fasching
Phone: (952) 474-3236
Fax: (9S2) 474-0128
Title ReoycJing Coordinator
A~ hQurs: By:, 1- . 0< is
Office (Billing) Adchess 57SS Country Club Road~ Shorewood m.n 553318827
CoUeetion Site Address: &1 ~t/O S rn 7' 4-'"' +6C./) 1") '~c>a A
.colleclionDa}'(S): (Spring) 5 - 01 f -CJe (Fall)
CoJIection HoutS. FtQm: g ; 00 A m To: t-I" : 00 PM
Fees Collected By: C\lstOmer "The. ~i+f O+- S ho ~c..lJOClcL JR'S
SpeciallnstructionsIRemarks:
. .............................
Appliances will include. but not limited to: air conditioners, dehumiditi.~ dishwashers, dryers, freezers. furnaces, garbage disposals,
heat pumps. humidifiers. microwaves, refrigerators. stoves, tush compactors. washers. and water heaters. Appliances will be in a
squar:e (non-compacted) QOJ]wtion. and not contain food, debris) or other foreian material. RECYCLER:retains the right to retbse any
app1ian~e(s) deemed to be in such compacted or destrOyed ooncUtion which prevents the proper removal of hazardous wastes and/or
~ aceording to law.
J.R..'S Appliance Disposal, Inc. (RECYCLER) is solely responsible for the safe removal. of all PCB.s, Mercury, CFC's, appliance
metals, aDd other bazardous wastes. aceording to Federal law and the laws of the State of Minnesota. The R.ecycler shall secure and
. maintain aU necessary PBRMITS and ~PROV ALS n~ary to process said appliances. The Recyclf2f will also provide BDY
neQe~ary CERTIFICATES OF rnSURANCE to the Cl,l$tOl'Der, prior to start of work. rnSURANCE shall rem.ain in effeet at all times
and not be materially changed.
The Customer shall pay to the Recycle\' an amount of$10 (pertbe Quan~ Program price, ClU'bside an additional charge) (plus an $10
surcharge fur each air conditioner). fbr e.eb appliance accepted by the Customer and tendered to the Recycler. Any special c:harges
will be .~ to by 'both parties prior to acceptan\:le by $ither party. Customer shall pay within within 3Q days oftbe invoice date.
The Rec)'cler shall INDBMNIFY and HOLD the CU$tomel' and its employees HARMLESS from all claims, d~ands, and causes of
action of any kind. chanicter. including the cost of deftnse thet'eof, resulting from the acts, omissions. of the Recycler; of the
organization's respective officers. apnts, employ or the individuals receiving benefit from the funds 0" items exchanged
relating to the activities Qond~ under .
Aec>>pted for Customer: Date: m, 0(; ,05
Title:
AccoplodforJ,R.'SA/Jpli : ~~ nate: /~ -,Be:> ...-d'jt
Title: ~ ~ __
CUSTOME'lt: Keep this original & mail or fax 2nd copy back to l.R. 'S Appliance
· Printed on F1.ecycled Paper.
.
~
~
Prices subject to change
J.R.'S Appliance Disposal Inc.
10619 Courthouse BI:vd., Invur Grove Hcighl~, MN 55077
T~lef'lhonc (651) 454-9215 Fax (651) 454.8345 (800) 358-6563
Websilc: jrsu?pl\ancc,con, e-mail: rc.cycle@jrllupplhull.:c,cmn
eWaste Prices
. Printt'!d on ~p.rlvc:l(.1n P:In~U .
Per Unit
$:5.00
S10.00
SO.OO
$25.00
$50.00
$125.00
$15.00
520.00
$15.00
$30.00
515.00
530.00
515.00
$5.00
$Hi.OO
$5.00
515.00
520.00
$25.00
$50.00
555.00
S10.00
515.00
.
.
.
Revised 3/4/2005
.
-
Recycled paper '-J
GREENMAN
TECHNOLOGIES OF MINNESOTA INC.
TIRE RECYCLING DIVISION
April 8, 2005
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attention: Pat Fasching
Dear Pat:
.
Upon your approval, GreenMan Technologies of:MN, Inc. looks forward to being part of
the City of Shore wood Spring Clean Up May 21,2005.
.
GreenMan Technologies ofMN will deliver a 12' cage Friday May 20,2005, and pick up
the loaded cage Monday May 23, 2005. Greenman Technologies will charge a fee of
$465.00 per cage load to deliver the cage, and haul, process, and recycle the waste tires
(plus fuel surcharge). The fuel surcharge is based on the average price for the Midwest
region on the 1 st week of every month.
Please sign below accepting the above terms and conditions.
Thank you for choosing GreenMan Technologies. Please feel free to contact me if you
have questions, or additional service is required.
.
~. cer.el.Y.~'.. . .... .1.1-'
~ ~ . r '.: ,tUL~lr\-
Kelle J. Br d
. /]
GMTI
DATE
.
(. en 1 il 7iVl'1
,..:., ~ p" .1 ~_~ ",.' ........" ,J
12498 WYOMING AVENUE SOUTH 0 SAVAGE, MINNESOTA 55378' (952) 894-5280. FAX: (952) 894-5061
.
.
.
.
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
MEMORANDUM
DATE:
April 20, 2005
TO:
Mayor and Council Members ~
Jean Panchyshyn, Deputy Clerk &
.
FROM:
cc: Craig W. Dawson, City Administrator
Bonnie Burton, Finance Director
RE: A Motion Authorizing Expenditure of Funds for a Color Copier/Printer
Over the past couple of years, Staff has discussed the need for a color copier at City Hall.
Currently, color copies are produced off-site at Kinkos, at a cost of$2.00 per 11"x17"page; or
printed in-house on the ink-jet printer at an estimated cost of $ 1.00/page. In addition, the need
for a back-up copier has also been an item of discussion, as City Hall has been without a working
back-up copier since 2002. A 2005 budget amount of $10,000 is identified for a color copier
based on preliminary quotes received in 2004.
Staff contacted three vendors to provide quotes for and demonstrations of color copiers. Two of
the three vendors, Advanced Imaging Solutions (AIS) and Metro Sales, currently provide
copier/printer service with the City. AIS is our current Hitachi copier vendor. Metro Sales is our
current Ricoh Priport duplicator (the newsletter printer) vendor. Of the three systems noted
below, staff tested copiers from AIS and Metro Sales; the Ikon copier was not tested due to the
higher price quote received.
Both the Minolta and Ricoh copiers produced very good color quality. The features of both were
comparable. Following is summary of the quotes received:
Advanced Imaging
Vendor Solutions (AIS) Metro Sales Ikon
Copier Minolta C-350 Ricoh 2232 Canon C31 00 N
Price $10,545 $10,109 $12,590
Tax $685 $657 $818
Total $11,230 $10,766 $13,408
ft
~" PRINTED ON RECYCLED PAPER
-#3~
April 20, 2005
Authorization for Expenditure of Funds for a Color Copier
Page Two
Both vendors have provided excellent service on the City's existing equipment. Both vendors
will remove the Mita copier which is currently being stored in the Council Chambers. The Mita
copier, which is 12 years old, is no longer a functioning copier.
One notable difference between the Minolta and Ricoh copier is in the cost of on-going
maintenance. The Minolta color copies are charged at $.10/copy; the Ricoh at $.095/copy. This
alone is not significant; however, the Ricoh copier counts an II"xI7" size paper as one copy,
and the Minolta counts it as two copies (it counts each 8-1/2" x 11" size as one copy).
Staff is recommending purchase of the Ricoh 2232C color copier/printer from Metro Sales, Inc.
An amount of $10,000 is identified in the General Government/City Clerk budget for a color
copier. Staff believes sufficient funds exist in other budget lines to cover the remaining $766,
and is therefore recommending the additional $766 be provided from the General Government/
City Clerk Fund.
CITY COUNCIL ACTION
Staff recommends that the Council
. Authorize expenditure of Funds in the amount of $10,766 from the General
Government/City Clerk Fund, for the Ricoh 2232C Color CopierlPrinter from
Metro Sales.
.
.
.
.
.
.
.
CITY OF SHOREWOOD
April 4, 2005
Ricoh Aficio 2232C SP Dieital Color CopierlPrinter/ Scanner
Includes:
. 32 Pages Per Minute Black and White
. 24 Pages Per Minute Full Color
. 80 Sheet Document Feeder (with Batchfeeding)
. 4 Paper Sources (500,500,500, 100) Includes PS540 Tray
. SR920 Finisher Stapler - Three Position Standard
. Unlimited Trayless Duplexing
. Unlimited Sorting
. Network Scanning (To File or E-mail, Color or Black & White)
. Network Printing (With 768 MB RAM)
. 80 GB Hard Drive (Secure Printing And Document Storage)
. Delivery, Installation, and All Training
.
Purchase Option
Ricoh Aficio 2232C SP
Suggested
Retail
$17,935
City Of
Shorewood
$10,109*
.
Optional 2/3 Hole Punch - Add
Optional PS550 Two Paper Trays - Instead ofPS540 - Add
. Purchase price includes trade-in Value Mita 5685
$358
$284
.
Maintenance A2reement For Ricoh Aficio 2232C SP
Includes:
. All Parts, Labor And Supplies (Excluding Paper)
. 0-3 Hour Response Time Guarantee
. 7 Year Replacement Guarantee
. Invoiced Quarterly based on volume/fee selected below
. All Color Billed at $.095 per Ima2e - 11 x 17 one click
. No cost/or scanning
Quarterly Volume
6,000 prints
12,00Q prints
18,000 prints
Quarterly Fee
$108
$192
$259
Ken Sieben Senior Account Executive 612/798-1211
. To: City of Shorewood City Council
From: Tom Skramstad, LMCD Representative
Date: April 25th, 2005
Here is my "periodic" report of LMCD activities.
1: Veterans CamD: The city of Orono has purchased the 58 acre Veteran's Camp on the north end of Big Island
(pending some additional bonding.) The property will be part of Orono's park system and will be open to the public. The
LMCD has supported this direction through Board discussion and a written resolution which was sent to Orono.
2. Deicing Dermits: The LMCD is reviewing this subject, as the current regulations are unwieldy. New regulations
could redefine who can get such a permit, improve on public safety and make enforcement easier. New regulations
should be in place by the end of this Summer, prior to the mailing of de-icing permits for the next Winter season.
3. High Water Emergencies: The LMCD has redefined the rules that define the term "high water emergency"
. which will make administration much easier.
4. Zebra Mussel Prevention Proaram: The LMCD developed several communication pieces that have been
shared with most cities (including Shorewood) and appropriate agencies. We feel that the only viable approach to avoid
the introduction of this exotic lies in educating the public. RecenUy a video tape was distributed to legislators, cities and
other agencies. This year the LMCD once again is working with the DNR to conduct zebra mussel inspections on peak
days, during peak times, at five selected public accesses (Grays Bay, Wayzata Bay, Maxwell Bay, North Arm, and
. Spring Park.) The LMCD will be evaluating how inspections fit into the overall zebra mussel prevention program.
5. Boat Density Committee: A Committee (a subset of the Board) was formed to further study how boat use
(boats in motion) and boat storage (boats docked) might be considered as a factor in granting additional boats/docks in a
selected area of the Lake. The Committee has had excellent discussion regarding preservation of the Lake, public
safely, and improving the "quality ofthe boating experience". Many ideas have been identified and a public meeting will
be held in May. Many constituents will be invited, including: dock installers, charter boat owners, marinas, realtors,
restaurants, etc. Public comments will be gathered, which the LMCD will consider in the evaluation of a possible new
. regulation.
6. Six Mile Creek: After much deliberation and public corrvnentary, the City of Minnetrista has passed a regulation
that allows no motorized boats on the upper reaches of the creek and (via a grandfather clause) allows motorized boats
to 4 existing owners who live near the mouth of the creek. This ordinance is very similar to the one the LMCD passed in
2003 and which was then nullified by State legislation.
10. Logistics: In January the LMCD moved its meeting location to the City Council chambers in Wayzata, allowing
the meetings to be broadcast on cable television. The facilities are very nice and all reactions have been very positive.
.1.L Web Page: The LMCD's Webpage address is: http://www.lmcd.org.
.
::tF 5 A
....
if
.
.
.
.
.
CITY OF SHOREWOOD
P ARK COMMISSION MEETING
TUESDAY, APRIL 12,2005
5755 COUNTRY CLUB ROAD
CITY HALL
7:00 P.M.
MINUTES
DRAFT
1.
CONVENE PARK COMMISSION MEETING
Chair Davis convened the Park Commission Meeting at 7:04 p.m.
A.
Roll Call
Present:
Chair Davis; Commissioners Meyer, Young, Westerlund, and Moonen; City
Engineer Brown; and Communications representative Moore
Absent:
Commissioners Famiok and Wagner, for the second month. City Council
Liaison Lizee was also absent attending a Metro Transit Commission Meeting.
B.
Review Agenda
Brown added Item 4D, Park Donation to the agenda. New Item, Freeman Shed was also added.
Westerlund moved, Moonen seconded, approving the Agenda as amended. Motion passed
5/0.
2.
APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of March.15, 2005
Young moved, Meyer seconded, approving the Park Commission Minutes of March 15,
2005, as presented. Motion passed 5/0.
3. MATTERS FROM THE FLOOR
There were none.
4. REPORTS
A. Report on City Council Meeting of March 28 and April 11, 2005
Brown reported that there were no items from the March 28th or April 11 tll City Council Meetings
which impacted parks.
B. Status of Skate Park Equipment and Asphalt
Brown stated that the order with Ramptech had been placed and he was awaiting the
confirmation of a delivery date after weight restrictions are lifted. He pointed out that the roughly
$8,000 expense was slated for in the Park CIP and would cover the addition of a quarter pipe;
spine, bank/ramp, and possible resheeting likely under warranty.
Meyer asked if the equipment would arrive in a month or so.
Brown indicated that the equipment would arrive in 1 to 1 Y2 months, as ongoing discussions
continue regarding overlaying of the skate park. Brown explained that Ray Burry, of Midwest
Asphalt Corp., had demonstrated his willingness to supply some of the materials. He stated that
staff needs to determine additional costs that would be involved in leveling the area, such as
surveying and the actual overlay itself, as well as, how much of the work Mr. Burry was willing
to donate.
*lA
.-
PARK COMMISSION AGENDA
TUESDAY, APRIL 12, 2005
PAGE20F2
It
As he felt use of the Skate Park was declining, Young asked if the estimated costs surpass the
budgeted amount whether it would have to go through the normal approval process.
.
Brown was uncertain whether the new pieces might generate renewed interest in the park.
Westerlund questioned whether the City had truly documented the assertion that use was
declining.
Chair Davis suggested the Commission and staff observe use this year once the new equipment
arrives. She asked Brown to find out when the pieces would arrive and report back so that the
Commission could set a community revival plan in action.
C. Concession Stand
Brown reported that last year's concessionaire, Qualle, was not interested in paying the City a
$2,000 rental fee for the concessions. At a recent Council meeting, the City Council voiced
strong concern that the concessions operation be offered this year, and were not worried about
generating a profit, but providing the service.
.
Brown stated that, in the meantime, Commissioner Moonen put staff in contact with Russ
Withum, who has run the concessions at Lions Park for many years, who voiced a strong
commitment to running the Eddy Station concessions. As the Council directed staff to get the
concessions up and running, whatever it takes, staff will be finalizing the details with Mr.
Withum upon his return after April 18th. Brown stated that, oddly enough, he had received a new
letter of interest from Mr. Qualle that day, but had to relay to him that the City has now made a
commitment to Mr. Withum which it must see through.
.
Moonen assured the Commission that Withum knows the concessions business inside and out, is
a very honest individual, and runs a good operation.
Brown and the rest of the Commission thanked Moonen for putting them in contact with Mr.
Withum.
.
Young asked what figure the City had discussed with Mr. Withum.
While the City would go in with a request for $1,500, Brown stated that the City Council has
made their intent very clear and want to create a win/win for everyone.
D. Park Donation
Brown reported that the City received a check for $2,000 from American Legion Post 259 for the
Skate Park.
5. SET DATE AND PARKS FOR SPRING PARK TOURS
A. Tour Manor Park - Pond
Chair Davis suggested that the Commission tour water features in Shorewood, which might
include, Freeman, Manor, and Silverwood Parks, since they have been focused on water quality
recently.
.
The Tour would take place at 6:00 p.m. on May 2401 with a regular work session meeting to
follow the tour at Freeman Park's Eddy Station.
~
.
.
.
.
.
.
PARK COMMISSION AGENDA
TUESDAY, APRIL 12, 2005
PAGE 3 OF2
6.
MUSIC IN THE PARK
A. Fund Raising
Chair Davis explained that the City has fundraising letters ready to be sent out to local
businesses. She asked whether the Foundation had expressed any further commitment to the
event.
Meyer asked if staff was aware of where the Foundation stood or whether they would be making
any kind of donation to the series.
Brown stated that, at the last City Council meeting, Chair Davis brought up the Music in the Park
funding and the Foundations part. During the meeting the City Council approved a matching
contribution of up to $1,000 to the series based on donations the Commission receives.
Chair Davis asked how the Commission should pay for the series, out of their budget or purely
fundraising.
Moonen stated that he could supply the City with tae names oflocal Lions member organizations
to see if they'd be willing to participate financially in the event.
B. Fliers and Promotions
Moore stated that the City would be inserting approximately 2,800 fliers into the newsletters for
residents. Additional copies of the fliers would be available for other interested parties.
Moonen suggested handing out additional fliers at each of the series themselves with all of the
dates noted as reminders for residents.
Westerlund further suggested offering a stack of half sheet fliers at Eddy Station throughout the
sports season for users of the park.
C. Suggestions
As approximately $1200-1500 was still necessary, Chair Davis asked how the Commission
would like to go about raising those funds. She indicated that she had tried to contact the finance
department at City Hall to determine specifically what the Park Commission had set aside for the
series in their budget; she had not received a return phone call.
Suggestions included sending letters back to those who supported the event last year and trying
to determine the level of interest the Foundation would be willing to make.
Brown pointed out that whatever funds the Commission raises could spill over to the next year if
necessary. He noted that the Commission earmarked approximately $2,000 for Music in the
Parks within their budget this year.
7. NEW BUSINESS
Liaisons: April: Meyer
May: Young
-.II
PARK COMMISSION AGENDA
TUESDAY, APRIL 12, 2005
PAGE 4 OF 2
..
A.
Shed at Freeman
.
Brown stated that his opinion would be that the bases do not get pulled from Freeman Field 2;
therefore, access to the shed is moot. He indicated that this issue could be handled at stafflevel.
Meyer asked what progress had been made regarding landscaping at the Plaza.
Brown reported that he had not heard anything. Though the Plaza dedication was slated for April
9th with landscaping to follow, Brown stated that he would not be releasing the funds until the
contractor completed the work to the City's satisfaction. In its current state, Brown noted the ruts
etc. look unprofessional and pose a safety hazard.
Meyer asked who would be pacing the paths to the Plaza.
Brown stated that public works would be paving the paths once the restoration and landscaping
was complete.
Chair Davis pointed out that, according to the Foundation minutes, their dedication was slated
for the evening of the Music in the Park Series. She urged staff to communicate to the
Foundation that they conclude in a timely manner as to allow the band adequate time to set up.
.
Chair Davis stated that Commissioner Westerlund volunteered to redo her presentation to those
Commissioners who were not present at the last meeting and also to the City Council, where it
could be videotaped and broadcast to the public. Chair Davis stated that it was her intent to offer
it prior to a City Council meeting so as to include Council members and have Rogers tape the
presentation.
.
Brown stated that Jean Panchyshyn would be contacting the Commission to schedule the
presentation and coordinate it with the city videotape professional Don Rogers.
8. ADJOURNMENT
Young moved, Meyer seconded, adjourning the Park Commission Meeting of April 12,
2005, at 8:00 p.m. Motion passed 5/0.
.
RESPECTFULLYSUBMUTTED,
Kristi B. Anderson
Recording Secretary
.
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
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works ~
April 25, 2005
FROM:
.
DATE:
RE:
Authorization for Expenditure of Funds - Skate Park Equipment
Staff recommended holding off to order the purchase of the items last fall, since ordering the items at
that time would mean one additional season of weathering without use.
.
Quotes for the ramps have been updated, and are indicated below in Table 1
TrueRide, Inc.
$ 4,541.93
$ 5,275.84
$ 3,790.59
$ 1,257.15
$14,865.51
Ram tech, Inc.
$ 4,200.00
$ 3,900.00
$ 3,700.00
$ 3,200.00
$15,000.00
Table 1
(*) Does not include taxes
Recommendation
.
Staff is recommending approval of a motion that authorizes the expenditure of funds from the Park
Capital Improvement Fund, for skate park equipment, as outline in the proposal provided by TrueRide,
Inc.
AGENDA ITEM 78
~"
'..J PRINTED ON RECYCLED PAPER
.
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
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
.
DATE:
April 21, 2005
RE: Authorization for Expenditure of Funds for Purchase of Skate Park Equipment
This item will be transmitted under separate cover
.
.
.
#76
ft
'..-' PRINTED ON RECYCLED PAPER
...
.
.
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY,S APRIL 2005
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:03 P.M.
ROLLCALL
Present:
Chair Bailey; Commissioners Conley, Gagne, Gniffke, Meyer, White, and Woodruff;
Attorney Keane, Council Liaison Callies and Planning Director Nielsen
Absent:
None
APPROVAL OF MINUTES
· 15 March 2005
Conley moved, Gniftke seconded, Approving the March 15, 2005, Planning Commission Meeting
Minutes as amended, on Page 2, Item 1, omit Paragraph 2 in its entirety. Motion passed 5/0/2, with
Gagne and White abstaining due to absence at that meeting.
1.
7:00 P.M. PUBIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ. FT.
Applicant: Paul and Nancy Zander
Location: 5215 Howard's Point Road
Chair Bailey opened the Public Hearing at 7:04 P.M., noting the procedures utilized in a Public Hearing.
Any items recommended for approval this evening would be placed on the April 25, 2005, Regular City
Council Meeting Agenda for further consideration and discussion.
Director Nielsen explained the history of the case, noting the applicants proposed demolishing the
existing house located at 5215 Howard's Point Road, intending to build a new home on the property
which would include space under the attached garage for additional storage. Total floor area of the two
garage levels would be greater than 1200 square feet in area and necessitated a request for a Conditional
Use Permit, pursuant to Section 1201.03 Subd. 2.d.(4) ofthe Shorewood Zoning Code.
He went on to explain the property was zoned R-IAlS, Single-Family ResidentiallShoreland and
contained approximately 28,008 square feet in area. The garage areas were located on the front of the
house and would contain 2180 square feet of area, split evenly between the two levels. The upper level
garage faced west, while the lower level garage faced north.
Director Nielsen stated the request for a Conditional Use Permit complied with all necessary criteria for
this request, however, he noted the lower level garage doors would be double doors, rather than three
doors as on the upper level.
The Zanders were present this evening and stated they would be happy to answer any questions the
Commission may have had of them.
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7: 10 P.M.
....
Gagne moved, Woodruff seconded, Recommending Approval of a Conditional Use Permit Over
1200 Square Feet for Paul and Nancy Zander, 5215 Howard's Point Road. Motion passed 7/0.
Chair Bailey closed the Public Hearing at 7: 11 P.M.
2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR RECONSTRUCTION OF BADGER WELL
HOUSE AND PARKING LOT IMPROVEMENTS
Applicant: City of Shorewood
Location: 5745 Country Club Road
Chair Bailey opened the Public Hearing at 7: 12 P.M.
Director Nielsen explained several years ago the City prepared an improvement plan for its Badger Field .
property, located at 5755 Country Club Road. At that time the site was occupied by Badger Field Park.
City Hall, Shorewood Public Works Department and a pole building housing the Badger Field well. That
plan has been mostly implemented, including paving, curbing and striping of parking areas, landscaping
and removal of the old pole barn that housed the Public Works Department. Since that time, the Badger
well house was placed at the top of the Capital Improvements Program and would be reconstructed as
called for in the original plan.
He went on to explain the existing well house was located on a separate parcel of land currently zoned C- .
3, General Commercial. Surrounding land uses and zoning included a self-service car wash to the north;
zoned C-3, the South Shore Senior Center; zoned R-IC, Single-Family Residential to the east, Badger
Field Park; zoned R-IC to the South, and an auto repair shop; zoned C-3 to the West.
The subject property was occupied by the well house and 14 parking spaces that served the park and
Senior Center. The existing building contained 1665 square feet of area, and did not conform to current
zoning requirements due to its pole barn construction and proximity to property lines. Also the building's .
proximity to a steep slope to the north plagued it with drainage problems.
It had been proposed that the building be totally replaced. The new building would be one story in height
and would contain 1040 square feet of floor area. The new building would be of masonry construction,
using rock faced block at its base with a burnished block above. The gable ends would have metal siding
above the block and on the fascia and soffits. The roof would be asphalt shingles.
Three existing parking spaces for the park and one for the Senior Center would be lost for the driveway to
a new parking area on the west side of the new building, however, nine new spaces would replace the
four. A sidewalk and security lighting would be located at the rear of the building to provide safe
pedestrian access from the new parking to the Senior Center.
Proposed landscaping for the site would consist of foundation plantings on the south side and northeast
corner of the building. Two sugar maple trees were shown on the west side of the new parking lot with
ornamental trees and arborvitae planted along the sidewalk area.
With regard to the analysis of the case, Director Nielsen explained public regulated utility buildings were .
provided in both commercial and residential zoning districts. He noted several areas of concern including
issues related to legal combination of the subject parcel with the Badger Field property, and consideration
of rezoning the property from commercial to residential. He also noted various issues including buildings
.
1.
2.
3.
4.
5.
. 6.
.
.
.
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 3 of 8
and parking setbacks, screening and landscaping, lighting, and building color. Despite these issues, he
recommended the proposed building, parking and landscaping, as proposed, were a vast improvement
over what currently existed. Staff recommended the request for Conditional Use Permit be approved,
subject to the following conditions:
The existing separate parcel must be legally combined with the Badger Field property.
Existing trees that will remain on the site should be fenced off pursuant to Shorewood's tree
preservation and reforestation policy.
The proposed shade trees should be 2.5" caliper rather than 2".
The proposed ornamental trees should be 2" caliper rather than 1.5".
Lighting shall not exceed Afc at the north property line.
Approval of the c.u.P. should be followed up by a rezoning of the site from C-3 to R-IC. A
hearing will be scheduled for 3 May.
Seeing no one present wishing to speak on this case, Chair Bailey closed the Public Testimony portion of
the Public Hearing at 7:25 P.M.
Commissioner Gagne stated this item had been brought before the Board of the Southshore Community
Senior Center and had been received with great enthusiasm for the changes and parking additions.
Commissioner White requested consideration of resizing the lot to remove the "flag" portion of the
current lot and combine it with the Senior Center property. Director Nielsen stated this was a possibility
requiring additional Staff consideration. She also questioned the tree preservation plan and requested
additional consideration be given to eliminating any part of the parking lot as proposed in order to allow
ample tree growth. She stated drainage issues would only be enhanced should the trees be lost on the hill
as a result of root damage due to the parking lot construction area. Commissioner White stated she was
comfortable with the potential resizing of the lot being addressed at the Public Hearing on rezoning the
site.
Meyer moved, Gagne seconded, Recommending Approval of the Conditional Use Permit for
Reconstruction of Badger Well House and Parking Lot Improvement, subject to Staff
Recommendations for the City of Shorewood, 5745 Country Club Road. Motion passed 7/0.
Chair Bailey closed the Public Hearing at 7:31 P.M.
3. 7:30 P.M. PUBLIC BEARING - REZONING FROM C-2. AUTO-ORIENTED
COMMERCIAL TO R-IC. SINGLE-FAMILY RESIDENTIAL
Aoolicant: City of Shorewood
Location: 25575 Smithtown Road
Chair Bailey opened the Public Hearing at 7:32 P.M.
Director Nielsen explained that last year the Planning Commission, in its annual review of the Zoning
Code, determined that the C-2, Auto-Oriented Commercial District was obsolete and should be eliminated
from the code. Last month a public hearing was continued, pending a rezoning of the one parcel of land
in Shorewood that had that zoning classification. The subject property was located at 25575 Smithtown
Road and was currently occupied by Lake South Automotive - an auto repair garage. He noted a survey
"
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 4 of8
of the subject property was not available at this time; however, an aerial photo depicted the existing .
building and parking areas on the site. The property had 19,961 square feet of area, according to
Hennepin County tax records. The site was entirely surrounded by single-family residential development
with R-IC zoning to the north and west, and R-IA zoning to the south and east.
The Land Use Plan in Shorewood's Comprehensive Plan designated the future land use of the subject
property as low to medium density residential. The Area Plan for Planning District 4 stated "Any land
use decision relative to the small C-2 property should favor redevelopment to low to medium density
residential (one to two units per acre)".
Director Nielsen also went to explain when the Comprehensive Plan was being discussed, it was noted
that although the auto repair operation was an allowable use in the C-2 zoning district, the existing
building did not comply with the setbacks of that district, nor did the existing parking area comply with
the standards for commercial property (i.e. setbacks, curbing and striping, and screening from residential
property). He also noted the site was essentially unbuildable, due to the requirement that commercial
buildings have a 50-foot setback from residential properties. This was considered one of the main reasons
that "spot zoning" was so strongly discouraged.
.
By contrast, the site was very usable as a residential site. He then provided an illustration of the setbacks
if the property would be zoned R-IC, Single-Family Residential. He stated it was worth noting that there
were two choices as to which residential classification the property should have. Property to the east of
the site was zoned R-IA, while property to the south of the site was zoned R-IC. The subject property
would not be buildable as an R-IA (40,000 square feet), therefore the R-IC classification was
recommended.
Next he reviewed how the property would be affected by the change in zoning classification. The
property would be "grandfathered in" and the business could continue to be operated as it had in the past.
It could be sold as a nonconforming use and a new owner might continue the business as it has been
operated in the past. Under the new classification, neither the building nor the parking area could be
expanded. However, he noted, that was the case under the existing classification as well, due to the
substantial nonconformity of the site. Perhaps the most significant impact of the rezoning was that any
change in the existing use of the property would have to be to residential use rather than the list of
allowable uses in the C-2 district. Again, the site was quite buildable and usable as a residential property.
.
.
The property owner had suggested that the "down zoning" of his land represented a taking and questions
how he will be compensated arose at the last public hearing on this matter. Staff had contacted the City
Attorney to address this issue, and he was present this evening to provide information on that topic.
Attorney Keane summarized a memorandum he had presented to the Commission earlier in the evening
regarding issues related to "down-zoning" and whether a zoning change constituted a regulatory taking
including denial of an owner's economically viable use of hislher land. He noted in this case, the uses
allowed in the auto-oriented commercial district were fairly limited in scope and probably had limited
commercial viability given the low volumes of traffic and surrounding residential character of the area.
The proposed R-IC District would allow the property owner to redevelop the property as residential use
as was consistent with the Comprehensive Plan and the surrounding land use pattern. Residential lot sales
throughout the City had been exceedingly strong in recent history. In addition, he noted the business
could remain as was being currently operated or could evert be sold as the same business use. Further,
there was no sunset clause associated with the use in this case. Thus, it was his opinion that the change in
zoning for the property would not constitute a regulatory taking. .
Bill Kirchner, 25575 Smithtown Road, questioned the urgency of the City to rezone this site at the current
time. While he understood the rationale behind the rezoning, he did not understand why this rezoning had
l
,
.
.
.
.
.
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 5 of8
to take place at this point in time. He stated the neighborhood residents and customers had signed a
petition opposing the rezoning as they liked having the commercial property in that neighborhood. He
stated he worked very hard to take care of the local community where his business resided. In addition,
he stated, should the property be rezoned he estimated a loss of value in the price of his business. He
stated the change to an R-IC zoning would make the property undesirable as a business since it was no
longer easy to [mance with a non-conforming use attached to it. He stated he desired to keep the business
until his retirement with the sale of the business providing his retirement future. He stated to label his
property as a non-conforming use implied that his business was undesirable and as such, the City wished
to have his business no longer there. He stated this bothered him a great deal as he worked hard to
financially support the local activities in nearby Freeman Park, such as Little League, Hockey and the
City's Music in the Park series. He submitted a letter from his attorney into record indicating he would
like to have this issue dropped from the Planning Commission's Agenda. He stated that if the City
insisted upon moving forward with this matter, he would request a change in the process and some
flexibility associated with that change.
John Moonen, 25560 Smithtown Road, stated Mr. Kirchner ran a nice clean business without junk, late
night or weekend hours, and loud music. He stated Mr. Kirchner had invested a great deal of money into
his business and was a benefit to the community.
Cheryl Gilbertson, 26055 Shorewood Lane, stated she had lived next door to this business for the past ten
years. She considered Mr. Kirchner and his business one of her most valued neighbors as he was always
there for lending support to social and civic issues as demonstrated in the recent past. Further, she was
concerned about a City and its residents that would blindly follow a Comprehensive Plan. She stated this
particular issue made no sense to her as she lived in an area where commercial and residential uses were
mixed and everyone needed a car. She expressed concern for the City taking value from Mr. Kirchner's
retirement in proceeding with this rezoning and for a c01ll111unity that would blindly follow a plan without
any ethical interest attached to it.
John Gorecki, 541 Williams Street, Excelsior, stated he was aware the property had been in use as a
c01ll111ercial use prior to the advent of any Comprehensive Plan, supporting ordinances, and even perhaps
the City's inception itself. He stated Mr. Kirchner was not asking for new use of his property. Further,
he believed Mr. Kirchner to be an honest business person. He stated he believed the rezoning would deny
an economically viable use in this case as the rezoning would be directly responsible for devaluing the
property. Residential lots had tripled in the past ten years, and he thought the Planning C01ll111ission
needed to review the bigger picture associated with this case. In addition, he did not see any urgency to
rezone this property. He stated he had been a real estate broker for fifteen years and to include a
Conditional Use Permit with the property would devalue the property substantially on the market. He
stated people spend more time seeking an honest car mechanic than a doctor and to that end, he noted,
Mr. Kirchner provided a vital essential service on that site.
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:57 P.M.
In response to Commissioner Conley's question, Attorney Keane stated there would be no change in
limitations placed on the property as a result of the rezoning. The property would not be allowed to
expand in size or use, however the owner could remodel and operate within the current signage
ordinances.
Chair Bailey questioned the responsibility of the Planning Commission to deal with the economic
ramifications of the Comprehensive Plan. Attorney Keane explained the test of the issue was whether the
owner would be deprived of all viable economic use. He stated logic dictated it to be an absolutely
suitable home site in the future, but the City needed to determine if that was considered economically
viable use of the land.
I
I
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 6 of8
In response to Commissioner Gniffke's question, Mr. Kirchner stated the property had been purchased in
1984, but had been a business since 1932.
.
In response to Commissioner Woodruff s question, Director Nielsen stated the property had been part of
the C-2 district since 1973.
Commissioner Conley stated he thought there were sobering ramifications to the rezoning, however, he
thought the Commission was required to discharge the duties outlined in the Comprehensive Plan and not
take into account the fmancial future of the owner.
Chair Bailey stated this issue had been a part of the Comprehensive Plan since 1998, and it was not the
intent of the City to make Mr. Kirchner leave the site. He noted the alternative option to sell to any other
commercial use would not be supported, and he could not speculate whether someone would pay for the
property with either rezoning, however, it was never the intent of the City to drive Mr. Kirchner from his
property.
Commissioner Gagne questioned Director Nielsen about the urgency of the situation. Director Nielsen
explained the City would not support spot zoning, which this site was in this case. He stated to leave the
site as is would not support the directives of the Comprehensive Plan. Commissioner Gagne stated he
thought there was no negative to this situation.
.
Commissioner Gniffke stated that if the issue was not addressed now, it would continue to return in the
future. The role of the Planning Commission was planning and to move the City forward into the future.
Chair Bailey reopened the Public Testimony portion of the Public Hearing at 8:16 P.M.
.
Mr. Kirchner stated while he understood the desire to meet the Comprehensive Plan directives, he also
respectfully requested the City understand his position of value as it related to his property. With a
change to residential zoning, his property would not be a desirable purchase for a business owner. Also,
while he understood that there would be no daily change in his business as a result of the rezoning, the
long term effects of such a decision would affect his family in fifteen years.
.
Mr. Gorecki stated he could also understand why the City would choose to rezone the property, however,
that action would truly make the property less desirable to a buyer. He noted conditions on a property
affect potential buyers' actions.
Ms. Gilbertson requested the Commission review the needs of the community in comparison with the
directives of the Comprehensive Plan. She stated this rezoning would only impact Mr. Kirchner as he
was the only property owner impacted by the situation. Conversely, to allow the current zoning to remain
would also only impact Mr. Kirchner and she did not see that as a problem. As a citizen of Shorewood,
she requested the Commission table this issue until some time in the future and remove it from the
Agenda this year.
Gagne moved, Gniffke seconded, Recommending Approval of Rezoning from C-2, Auto-Oriented
Commercial to R-IC, Single Family Residential, subject to Staff Recommendations, for the
City of Shorewood, 25575 Smithtown Road. Motion passed 7/0.
Chair Bailey recessed the meeting at 8:23 P.M. and reconvened the meeting at 8:29 P.M. .
4. PUBLIC HEARING - ZONING CODE AMENDMENT ELIMINATING THE C-2. AUTO-
ORIENTED COMMERCIAL DISTRICT (continued from 1 March 2005)
.'
.
.
.
.
.
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 7 of8
Chair Bailey opened the Public Hearing at 8:30 P.M., noting this matter had been continued from the
March 1,2005, Planning Commission Meeting.
Director Nielsen explained that the Zoning Code would need to be amended to eliminate the C-2, Auto
Oriented Commercial District as recently recommended in the last item. As a result of this
recommendation, a subsequent action by amendment would be necessitated that would place all C-2 uses
within the C-3, Commercial District guidelines.
Seeing no one present wishing to address this matter, Chair Bailey opened and closed the Public
Testimony portion of the Public Hearing at 8:31 P.M.
In response to a question from Chair Bailey, Attorney Keane explained that businesses and business
trends change so codes needed to have recognition of flexibility of uses within each district. The
categorical descriptions might be broader, but the standards for each would still apply. Chair Bailey
requested a discussion on the rationale for permitted uses within each zoning district be placed on the
Planning Commission Study Session list of topics for the year.
Gagne moved, Conley seconded, Recommending Approval of a Zoning Code Amendment
Eliminating the C-2, Auto-Oriented Commercial District. Motion passed 7/0.
5. SKETCH PLAN REVIEW - VIRGINIA SHORES
Applicant: Virginia Shores Development, LLC
Location: 27975 Smithtown Road
Director Nielsen provided a brief history of this property, noting the main concern for the project at this
time was how it related to the project adjacent to it. He stated a formal application would be made in May
with additional information for the Commission at that time.
6. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
7. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there would be a Discussion on the City's Sign Ordinance, Discussion regarding
Redefinition of the List of Permitted Uses for Planning Districts and a Discussion on Accessory Space on
Substandard Lots placed on the April 19, 2005, Planning Commission's Study Session Meeting.
8. REPORTS
· Liaison to Council
Commissioner Gniffke reported on matters considered and actions taken at the March 28, 2005, Regular
City Council Meeting (as detailed in the minutes ofthat meeting).
· SLUC
Director Nielsen reported on the March 28, 2005, Sensible Land Use Coalition Meeting on the topic of
Public Good versus Regulatory Abuses.
· Other
Commissioner Gagne requested an update on the Shorewood Nursery site as it related to signage.
PLANNING COMMISSION MEETING MINUTES
April 5, 2005
Page 8 of 8
9.
ADJOURNMENT
Gniffke moved, Gagne seconded, Adjourning the April 5, 2005, Planning Commission Meeting at
8:50 P.M. Motion passed 7/0.
RESPECTFULLY SUBMITTED.
Sally Keefe
Recording Secretary
'f
.
.
.
.
.
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
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.'
RE:
Zander, Paul and Nancy - C .U.P for Accessory Space in Excess of 1200
Square Feet
DATE: 1 April 2005
FILE NO.: 405 (05.06)
.
BACKGROUND
.
Paul and Nancy Zander propose to demolish their existing home located at 5215
Howard's Point Road (see Site Location map - Exhibit A, attached). They intend to build
a new home on the property which will include space tinder the attached garage for
additional storage. The total floor area of the two garage levels will be greater than 1200
square feetin area. The applicants therefore have requested a conditional use permit,
pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code.
/
The property is zoned R-WS, Single-Family ResidentiallShoreland and contains
approximately 28,008 square feet in area. The garage areas are located on the front of the
home (see Exhibit B) and will contain 2180 square feet of area, split evenly between the
two levels. The proposed home contains 3842 square feet on the main level alone (see
Exhibit C), plus another 1642 square feet above grade on the lower half story. As can be
seen on ExhibitD, the upper level garage faces west, while the lower level garage faces
north.
ANAL YSISIRECOMMENDATION
.
Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting
conditional use permits for accessory space over 1200 square feet. Following is how the
applicants' plans comply with the Code:
n
~J PRINTED ON RECYCLED PAPER
#~A.
.
Memorandum
Re: Zander Conditional Use Permit
1 April 2005
a. The total area of accessory buildings (2180 square feet) does not exceed the floor
area (5484 square feet) above grade ofthe proposed home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum
lot size for the R-IAJS zoning district (.10 x 40,000 = 4000 square feet).
c. The proposed house and garage comply with R-IAlS setback requirements. Also,
since the lower level garage occupies the same footprint as the upper level garage,
tree removal and site disturbance is minimized. Hardcover on the site will be 25
percent, not only complying with current code requirements, but also a drastic
reduction from the 40 percent hardcover that currently exists on the site.
.
Since the new garage is an integral part of the proposed house, architectural
compatibility is not considered to be an issue. As previously mentioned, the
overhead doors for the garage are located on two different elevations of the
building (see Exhibits D). Further, the lower level garage doors will only be
double doors, rather than three doors. The applicants do not propose to construct
a driveway for the lower level space.
. Based upon the preceding analysis, it is recommended that the applicant's request for a
conditional use permit be granted as proposed.
d.
Cc: Craig Dawson
Tim Keane
Paul and Nancy Zander
.
.
-2-
V')i N013 N N 111\I
3>1Vl ~3ddn
.
.
.
199.::1' I
OOO'~ 009 092: 0
Y
N
.
.
.
.
.
.
I
L_
~':Jt:;>\ '\ \ "\
~Cb "
.. '\ \ "-
.. ~ "-
\. iP\. \\
'. \, \\
... '\\
... \1~ \
\ ........ '-''\" \\
X~~'!l,k '.; '" "~,
" -- 'X93,.3 '\. '\. \
" '\ ~ " '
",." " " ~ ~____ ORDINARY HIGH
~ ~ _~" ", ,/~ . '" ,/ "- WATER LINE (2004)
~ -:-- ....'}... _ ',.tfIIP ~....'P ,/ (;) '\. ' 'V "-
, ~.. _ 'xCb ' ~....' ,,-'.s, ~
~_ ~ \ ~ \"'" ,,:?''/ xCb <~~. '.",<_ SHORELINE
, .9.'0. ~ ........--,,/ ~ " DECEMBER 2003
, I ' """ , .
"'1 ____... II) \~'<. '" \S' 0;(," , .
, ~ ' "'" . '\.,. "
: '. 'lI "" x' " "'" \ "6'. '9<9 . ,,-" ORDINARY I
!z ~ '. :.<:. "'" ""... " '/ WA ITR UN'
~ __ ' "\ , \ "","' "", "<I Y. / ~ .
w ., , ,;; , ,. ....
!:l ill '. .> '" x ' \..
w g: .;>'~ -. 0"-,,,,1:5(;
~~ ~O<<.. ~~
:::J . <( --.?::Y
Fe ~ ~>
::::) z '-'.2-,__
~~ ' ....... ,~" ~
>-" ' - ~<"" '
!;:~~~~ " ~'~J~,~, - -X": ~ ;'~',
\ : x' ~ ", '- NORlH UNE ~'"1REE~" 1llEE
- - -, N '8:,s4~28. - ....... :,~~"~,~~~'~~\--'''-'''''", \,,\
I ~ :' , ~ - -":- - ~ - -':"" .-'
l::l t... w ' ' ,/ , - - ::::.--r. - : ~~'''''UU'-''8;';';';;'--u_--,x''''~' FOUN~\/2'--
I ~ ~ S ~ ~e ) ~-~ ''-..... "'-l- '::::-'::;'-C- --::':"": _ -;:/!- /',' \x:'1>j~ '" ,-..,.,.. x.,..1 '~~~PEO IIiO~
I ~ ~ -'< r< [:j ~ /:':\/ ~ I ~~: -\ ~ -"',,-::- -, j ,,-P - T ':
-,- ~"'" Co,.....""" /.-' --') "/_ : -\. - ~. " ..P ~ .;J- : ,..:>
I ;;:;::.... 0 '" """ J _, - - - 1 - "" ' I T 'J : x""
I C~ ~ ~ z /"\ ~/ .A~<f' .: //"~____x,~~' ---937__,~:~\~~:~7i t " L I L- .-
\ 9J'!ltc':-'~ ---g.., .... .\~ --,,, '\
III ...... ~OUND ~2. _' -9jo d. ~'~:-lRE:('- - - - ~~.-.- - - - -- -... - - - - _ - -. - - '~)8-- ~o.." ~'-J"
it ... r .--...- . ,.' !;l-'\ Ql;r" x
'''x ,!J~ON'P - _------9.J _--..-.-.- ~ - _ x9J'!i' ---.- x , , "
S 18042'40" E 1462 (M) /. \ .-.;"- ---.---- .,.--.-'.- '1.0-'--' ___~t<....'1 ' ,,~,"'P
. ...... ',. __.-- ._ .._.--- ,--.9.J" __ _--~ xq,,..
S 18035'00" E 14.7 (D) ---~f9:i~: "::~_-",~~~-,---'---~9~?~\'----'--
\ FOUNQ,' 1,14~' - -., - --- / ---; ~rP'.'!l" - I
\ IRON\,FlfE"i ;,'~.. :!l -' N t W h h th
'" ~: eave s own e proposed driveway
~o , _ ~L >' per your request, be aware that the proposed
,,' grade exceeds recommended 10% maximum.
'T"l1_ _ ..... ..__.._ _ _ _.3 __...:1_ .c...__ ~t..._ .........,;._+ +_ +.....-
~
~'~~,
\ .~ ~~
BENCH: x9J "
o ... CATCH BASIN FOUND 1/2
S 89 59 53 E RIM ELEV.-930.B-, IRON PIPE
6.00 ~\-....\ ..._ "
"
~
...
~
~
~
(;l
~
~
~
~
'b
~'!l'
xCb
Cb
~':J'
xCb
<
7+
~
90.89 l\.Jt)
9\.4-5 (0)
r\
V
""I
I
w_
II :::!:
co~
....0
0.........
ptl')
Otl')
O.
LO
ZCO
I
L.
f\
V
D = DISTANCE PER DEED
M = DISTANCE PER FIELD MEASUREMENT
Exhibit B
SURVEY/SITE PLAN
\
r: lO'
~ 8 lS
;;
.0-,61 Q 0
oc
w ~
~ 10
ffi .O-,'M
I-
<l)
<(
!1' r:
.
.
.
.o..~
W ~ ~
I!) u.
~ i
"9 ~
1:1 b
~
~
lS
oc ,o-,EI
@
10
C{J
~
)
~
a
S
(
.0'-',9
I I
I I
r: I I >-t
8 --1 L----~--
----g ---- I I Z
-- I- UJ
<{ I i
W I I
OC I I
!I! II lS I
II I I 0 I
% II OC I
----------- I I ~ I
~
'l
:9
II
J
I
~
10
'l
'l
il
"c...eI.
~I
L
~
~I~~~ ~LOOR PLAN
IDI::::I[::::II
D==
Em
mI
.mI mI
111
'",
.
'"
~
.\..
~
~
-
'-"
c.::=J\.
~~
c::::Jc/..
II
e I
D t::I t::I ..!.
D t::I t::I -t
~ ~
--0
1-
'J1
.
Exhibit D
PROPOSED BUILDING ELEVATIONS
i
.
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO PAUL AND NANCY ZANDER
WHEREAS, Paul and Nancy Zander (Applicants) are the owners of real property
located at 5215 Howard's Point Road, in the City of Shore wood, County of Hennepin, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for
the construction of an attached, two-level garage which will have approximately 2180 square
feet of floor area; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 1
April 2005, 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 5 April 2005, the minutes
of which meeting are on file at City Hall; and .
WHEREAS, the Applicants' request was considered by the City Council at their
regular meeting on 25 April 2005, at which time the Planner's memorandum and the minutes
of the Planning Commission were, reviewed and comments were heard by the Council from
the City staff. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The total area of accessory space (2180 square feet) does not exceed the floor area
above grade of the principal structure (5484 square feet on the main level alone).
2. The Applicants' lot contains approximately 28,008 square feet of area, and that the
total area of accessory space on the property will not exceed 10% of the minimum lot area for
the R-1A1S Zoning Oistrict in which it is located (4,000 square feet).
3. The design and materials of the garage are compatible with the architectural
character of the existing home.
-1-
I
.
.
.
.
.
4. The proposed garage complies with all setback requirements for the R-1A1S
District.
5. Construction of the home, garage and driveway will not exceed a total impervious
surface to lot area ratio of 25 percent.
CONCLUSION
1. That the application of Paul and Nancy Zander for a Conditional Use Permit as
set forth herein above be and hereby is granted.
2. That this approval is subject to the following:
a. The proposed garage will be used strictly for purposes of a residential
nature.
b.
The Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the
garage for other than allowable residential purposes would have to
comply with such regulations.
3. That the City Administrator/Clerk is hereby authorized and directed to provide
a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar
of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 25th day of
April 2005.
WOODY LOVE, MAYOR
ATTEST:
CRAIG DAWSON, CITY ADMINISTRATOR/CLERK
-2-
I
.LEGAL DESCRIPTION:
Parcell: That part of Lot 1, Howard's Point, described as follows: Commencing at the
Northeast comer of Lot 3, Howard's Point; thence West along the South line of said Lot 1 a
distaD.ce of96.20 feet; thence North at a right angle 65.33 feet; thence East at a right angle, 6.00
feet; thence North 79 degrees East (Assuming the South line of said Lot 1 as bearing East and
West) 91.45 feet; thence North 70 degrees 01 minutes East to the shore line of Lake Minnetonka;
thence Southeasterly along said shoreline to the South. line of said Lot 1; thence West along said
South line to the point of beginning, according to the recorded plat thereof.
ALSO
Parcel 2: That part of Lot 2, Howard's Point, lying Northerly of the following described.1ine:
Commencing at the Northeast comer of Lot 3, Howard's Point; thence West along the North line
of said Lot 3 a distance of 60.8 feet; thence South at a right angle 37.15 feet; thence South 18
. degrees 35 minutes East (Assuming the North line of said Lot 3 as bearing East and West) a
distance of 14.7 feet to the point of beginning of the line to be described; thence Northeasterly to
a point on the North line of said Lot 2 dlstant 188.2 feet East from the Northwest comer of said
Lot 2, and said line there terminating, according to the recorded plat thereof.
Subject to an easement for driveway and utility purposed over and across the West 30 feet of
Parcell as measured from its most Westerly line and its Northerly extension as contained in
. Hennepin County Recorder Document No. 4829058.
ALSO
.
Parcel 3: That part of Lot 3, Howard's Point, lying Easterly of the following line: Beginning at a
point in the North line of said Lot, 190.8 feet West of the Northeast comer of said Lot; thence
~outh at right angles from said North line a distance of 43.7 feet; thence South 18 degrees 35 .
minutes East to the South line of said Lot; except therefrom a strip ofland 40 feet in width lYing'
Easterly and Northeasterly of, measured at a right angle to and immediately adjacent to the .above
described line, and except that part of Lot 3 lying Southerly of the followjng described line: .
Commencing at the Northeast comer of Lot 3, Howard's Point; thence Westerly along the
Northerly line thereof 60.8 feet; thence South at right angles from said North line 37.15 feet;
thence South 18 degrees 35 minutes East 14.7 feet to the point of beginning of the line to be
described; therlce Northeasterly in a straight line to a point on the North line of Lot 2, said
Addition, said point being 188.2 feet East of the Northwest comer thereof, according to the plat
thereof on :file or of record in the office of the Register of Deeds in and for said Hennepin County.
Subject to easement for existing electric and/or telephone lines.
.
Exhibit A
~
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhal1@cLshorewoOd.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
30 March 2005
RE:
Badger Field Well House Improvements - Conditional Use Permit
FILE NO.:
405(04.32)
.
BACKGROUND
.
Several years ago the City prepared an improvement plan for its Badger Field property, located
at 5755 Country Club Road (see Site Location map - Exhibit A, attached). At that time the site
was occupied by Badger Field Park, City Hall, Shorewood Public Works Department and a pole
building housing the Badger Field well. That plan has been mostly implemented, including
paving, curbing and striping of parking areas, landscaping and removal ofthe old pole barn that
housed the Public Works Department. At long last the Badger well house has made it to the top
of the Capital Improvements Program and will be reconstructed as called for in the original plan.
The existing well house actually sits on it own separate parcel of land which is currently zoned
C-3, General Commercial. Surrounding land uses (see Exhibit B) and zoning are as follows:
. North: self-serve car wash; zoned C-3
. East: South Shore Senior Center; zoned R-1C, Single-Family Residential
. South: Badger Field Park; zoned R-1C
. West: auto repair shop; zoned C-3
The s~bject property is occupied by the well house and 14 parking spaces that serve the park and
Senior Center (see Exhibit C). The existing building contains 1665 square feet of area. It does
not conform with current zoning requirements due to its pole. barn construction and proximity to
property lines. Also the building's proximity to a steep slope to the north plagues it with
. drainage problems.
ft
~J PRINTEO ON RECYCLED PAPER
#aa
.
.
.
.
.
Memorandum
Re: Badger Field Well House - C.U.P.
30 March 2005
It has been proposed that the building be totally replaced as illustrated on Exhibits D-F. The new
building will be one story in height and will contain 1040 square feet of floor area. The new
building will be of masonry construction, using rock faced block at its base with a burnished
block above. The gable ends will have metal siding above the block and on the fascia and
soffits. The roof will be asphalt shingles.
Three existing parking spaces for the park and one for the Senior Center will be lost for the
driveway to a new parking area on the west side of the new building. Nine new spaces will
replace the four. A sidewalk will be located at the rear of the building to provide pedestrian
access from the new parking to the Senior Center. Security lighting for the sidewalk and
building will be located at the rear of the building.
Exhibit G shows the proposed landscaping for the site which consists of foundation plantings on
the south side and northeast comer of the building. Two sugar maple trees are shown on the
west side of the new parking lot. Ornamental trees and arborvitae will be planted along the
sidewalk area.
ISSUES AND ANALYSIS
"Pubic regulated utility buildings" are provided for in both commercial and residential zoning
districts. Following is how the proposed building complies with the Shorewood Zoning Code:
1.
Separate parcel. After purchasing the subject property several years ago, the City never
legally combined the property with its Badger Field site. This creates a problem with
respect to building setbacks (structures on commercial properties must maintain a 50-foot
setback from residential district boundaries). This is easily remedied by legally
combining the subject parcel with the Badger Field property. It is also recommended that
the property should ultimately be rezoned from commercial to residential. A separate
public hearing will be scheduled to address this.
2. Building and parking setbacks. Whereas the existing building is only a couple of feet
away from the north property line, the new building will be 27 feet from it. As
mentioned in 1. above, combing the properties will eliminate any setback issues on the
east side of the building. The parking spaces comply with required setbacks. It should be
noted that all of the parking space must be a minimum of nine feet in width.
3.
Screening and landscaping. The primary condition imposed with a conditional use
permit is that the building be landscaped and screened from abutting residential uses. It
is worth noting that the nearest home is approximately 400 feet to the east of the building.
The view of the building from residential properties to the south and east will be
"softened" by the foundation plantings proposed. One tree on the east side will be
transplanted to another location on the site. It is worth noting that the style of the
building is quite residential in nature, comparing in size to a detached three-plus stall
garage.
-2-
Memorandum
Re: Badger Field Well House - C.U.P.
30 March 2005
.
The construction schedule for the building calls for it to start in June of this year, with
"substantial completion" by December. Realistically, landscaping will not be completed
until spring of 2006.
4. Lighting. Minimal lighting is proposed forthe site. A single, 150 watt light pole will be
installed at the rear of the parking area. This will illuminate the parking and the walkway
behind the building. The fixture is a downcast "shoebox" that should be designed so as
not to exceed four-tenths foot-candles at the north property line.
5. Building color. Colors for the building have not been specified as of this writing.
Whatever is chosen should compliment the South Shore Senior Center.
RECOMMENDATION
.
The proposed building, parking and landscaping are a vast improvement over what currently
exists. It is recommended that a conditional use permit be approved, subject to the following:
1.
2.
.
3.
4.
5.
. 6.
.
The existing separate parcel must be legally combined with the Badger Field property.
Existing trees that will remain on the site should be fenced off pursuant to Shorewood's
tree preservation and reforestation policy.
The proposed shade trees should be 2.5" caliper rather than 2":
The proposed ornamental trees should be 2" caliper rather than IS'.
Lighting shall not exceed Afc at the north property line.
Approval of the C.U.P. should be followed up by a rezoning of the site from C-3 to R-IC.
A hearing will be scheduled for 3 May.
Cc: Craig Dawson
Larry Brown
Tim Keane
Dave Hutton
-3-
b9'u;=~
....--
"'\\ ....
~- )~
~ \~
UJ G~ \
"'-U -lh --., - \~
i! 6
i Ii>
~ =i ·
~ L~~~~\""~- -
-!--r - \\11 ~
~~~
--t-; '- "l(f I~~ I
~") ~ _~"-L / f
C-- 1\ \ j} -'l~ ~ ~ ::::::' f-
~~.= J) . <<!II; '" ~ -'~
~~~) ~:'---
~-~ l3t51
~~
~, 0
~
~
I
;
V
~
p
U
I
<1.>
I VJ
OOg OSG ;::s
0 Z~
Y
O~
N E=~
\f1B01~ ~~
I 1 <O:i:
I .~~.....
,D~<1.>
:E~~
P ><~~
- L- ~CJ)
I--
I ,
_ L..--- .-
\'r-
_ H\
~'a I' I I
I~
I...........' ~~ L I I.
, ~ ,If I 00_ I ~ ~
~ ""J.'~"" \\ '-,. .._~__."'_:>.lol",;;._""~
~ ~
~~
~I ---' /J~
\3' ...-f/I ~ ~
~r-- \.~~). :..--
n....-- 3'"ol.S
d
I
L 1.--
~
~
o
i
}aa:l'
ooo'~
'f
lr.'1/
- ~JUKM aBol>l)
'f
IL-
~ mIfB
o
,..
c:
..
, ..
o
':r~------
~~~~ L
!
17J
~~
1--.4
if
,,~
~
t~
~
Ii'
j
i
~
\'Ll
li
i
~
~
ifi
~
~L
,--j
I--
III
ml NNlOUlllV'<S
a~~ --.. OH:I
~~\
-
1--1-
'"
-<l-
I--- ~
3=f:
~
I
-----
I
V
~-...;;-crg"'_'.""*-_.__._.,...
a \ \ ..~'.-
.
.
.
.
.
_ 'L...L -'- --.-.~~?:,?-~~- ---
.-......,; 1
I
I
I
I
I
I
I
I
'-..,_,1\ " I
'.....".....'\
'..-....\..-.+,...-...'\.
I '"
I
I
I
I
I
1
.-
\
\
I
\
\
\ --
--
, ............-....
\. /--/ ---- -~~;;~;~::~~~\~-G-;;:;;;.
\ - - - . - - - ..._ . ..::~;.::::::::::::::.::::::.;' --.. . _.' _ - - I I 11'1'1
.-'--- ~ \ D
--~-~:~:~:.;.... --
\ ::'-;.' :'. -;; ;.:-:::. . -. ..." ".-- " ' ' -.~ ~~:;': :'.: ::>.-
,%~'''~*;~'':::-G- -F _--------/--
t~~=~~~~- \\\ _-------- --
\ \ \ ..-....~..
.-'i'\1"
..- \\\
i\\ .-
\\\ -....-
\ \ \ .. -...... ~..-~
\.4-.: ';I .....-....-- .. ...~....... j
\ ~:-....- ..-
-- .' . - \ ----./--.-......:....,.... \;t.)
'.-\ (.~r::.~.~~_~-...:?j..::~._-,-_..... .....~- - ..:.. I \L...)
- - ---.- ......~:.:> .. II ~
... .. _ .. _...~_.~-'~.. ."r~"'" r
\ .~.....- ,.,...~...... ...,....... .. . \
...-.-" -,,- -.- ,~:;~" . : f.\
',?,- I
I i
1-\
I
I
--
/115.00
/ \
I___>r..
.. : \
I I
: ..... , ':> .00 ,~J>.:'.~--...__.
....~ JA..q~.
/~__.(t-.J~" , . ,.:'~--. n (.II
'_""4'---; : f~-~ (<-'S3-.-A~ ~'''t.
.,,--.-. ;~";' ; \~~f~; ':> G ~~jj .
/
--
_.-
/:
_.-~.....
-....-
...-....-..... 'C \ ~~;\::.S:z
.....- \ ..
\,,:'
..~:r"'-
....-..
\;J:\
--
00 -----
~A':>' _--,;ii't
..- I \u
----1~. ':>~
--- 1'1 '"
.
,
...-.{-~
FOUND ._MONUMENT
,,----.--.-- - A A .... ,.~. " --_._.__-.. (
--\. ----.... '2.0.0., \ 'O"t. <{ S PR I ~J K. F~ ,-.---.,-~'"
I'll A 0 ':>~ ?\.. /l. \ ,:>1 [V? l_ V E ,_ . :- __'.. -L..:<.::..:.,,_:~i __,_.'..".--....'
"I' OS"" ,,0 \. 1 ~ /t!-
: ."-, ~,. ut'. '~ '.
-?~;~?~."t L.,. \ -~ \.\ it~ 0 fjl
I I '~.-' \.z \ f f; ; ". i
I I ; \ ~--i.:: to .. .
: ___-.L.; : \,. ~ \ l--'/ ;1 [~/ !~l~~-.-.:::.::..:.::::,~.".
I I \ I \ .If ,r . I I :;:Vl c:S .,'-....
MONUMENT l -/,. Ii \ - \-~ If ,:\"""./~,'.:,~:'./~h,--~~:! .-J--)
~:-j!-;.~2- ---tl'(..',~.:...r;~'~;~~~:1~"'''\ "'"1 I ... / f- :>< [)
I .. ", c:.' \\;'l. < - ,,-i"':I'I1.'!;' ',V'.''''--:''" jPtol" /'--.1 1 .,'v'
J....AD ~\..t?,,....... . -..,<'~, \ c.uNrt;..'); : 1,' \ i ,," \'"
I 1/ \. ~ "~'.j .--' It - oJ) on ~, m;:;; 'J I '----j \
I ~.., ,(if .t:1~'~~ . .'-~~~ \~ !t~ -1/\. ,i l \ H"'__~__ /!
_I '.. '. ..,:>t_,'...j _N"
.. . ~ v .~ ~ '\ ,I _ --:.! j'k__....t._../
_:~;;_:.,111~... ~:,' /;11./ /,;4.'- ...'(,I,'j " '\ k ! J!
r':.. ) '" .",_.,)"""/1' .... It:.. . ..
~I~:;" I Ii' ~..) / ~o~ ~ 'A~~fR~~~~' .;~.,~~
'lo ... , ~.' ~~ , V ~ '/)~/'''\i'''fl.{{ ~\, .> \.\'.,."
. .....f i 9 I J f v~, \-....r';/
,?' I . q i' '\. j y, A'~'1\
! i >i 1'-,'" P' \; za. ~tJ.! 1tr{j."~.;'.J.-'" II
i qp~ ) ,I' t..t...I~t.!.j.... ( )./
:'-~I i i~!'>- ",,/ ! i.-:..'-.-...)~~y ~~j'
l, ! ,&/ "'<. ;: ...wi '; ~ .('>::
.J, I ~~. i ~ C_,X' .":"--",,,,,,," ~ Ef!
.{ I ~~ <'I i [".J "~
I) , 'fA .,CIJ"; i:'"' I I
'C.I~~ 1 ,'9/0;; -</ ~ ...:;:11:::::::::;;::' /
;, [/1J. CJ'> , ,..",._
~i - ; t
I)i i-@ '\ ,
~(\] U' ;- \.
)r " u"..."._ ~::~.'.~../~;~,~';",,,:' fi
':'::-"--'}'~F"I'-'" < "_. !'
1 ", i ",\ pi""
,,-.'~"=='
I ...._./
I ;
I _w."
/' I
.......,.~~'M_.~;'\ _,J , .'
I ,_.r'.'~
... '
....-....
,\Cj
~_..~M
~~~~..
-'-
.....-..
.-....-....-
---
StNIOR
CtNTtR
_ _ -4\ fW"-
- .'
\ \ \
.III
,.........
. .,-'..'
.. .
- , .
'.:, .,
''''-'
Description of Property Surveyed:
I !
i i
--'
That part of Lot 27, Auditor's Subdivison No. 133, Hennepin County, Minnesota,
described as follows:
Commencing at the intersection of Smithtown Road and the West line of said Lot
27 extended North of said .Lot 27; thence South a distance of 264.0 feet, thence
Easterly and parallel with the centerline of Smithtown Road a distance of 660. 0 feet,
which is the real point of begining of said land to be described; thence Northerly and
parallel with the West line of said Lot 27 a distance of 264.0 feet to the centerline of
said Smithtown Road; thence Westerly along the centerline of Smithtown Road a
distance of 15.0 feet: thence South and parallel with the West line of said Lot 27 a
distance of 165. 19 feet; thence Westerly and parallel with the centerline of Smithtown
Road a distance of 150.0 feet; thence South and parallel with the West line of said
Lot 27 a distance if 98.81 feet; thence Easterly and parallel with the centerline of
Smithtown Road a distance of 165.0 feet to the point of begining. Except road.
<:~...-~_(:::f, __')
(")
': :'
\
\
FOUND IRON MON~~ENT
. ,- .C."
IRON,MON1:fME'f\fT TO '8E
. -
,;:>'-
. DENOTES
o DENOTES
.-.-..
-....-
l...,r.....)
,.. ':
\.......~../
-........
--..-
-_.~.;~~)
'7""",.,
._.,i().......Y:(;.'r~.-
(~:~~~
,-.
.. ,
...(.:.;: :..:..-
M...........( . ..
.,. .-,.",\
(:...;)
.cr)
\..___,...i
.....1-\
> \
'-...j..i
(~~~J
.........
,1"---\
i.-.~,._'
........-.
~.~~_.
.............
....
,......, ". .1'\,;,
,)..... [ HEREBY CERTiFY '.~~HA T
~..,..
THIS PLAN SPECIFICATION OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE
LAWS OF THE STATE OF MINNESOTA.
~y~
.
WSB
_"
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
www.wsbeng.com
BADGER WELL HOUSE
& Associates, Inc.
BOUNDARY I TOPOGRAPHIC SURVEY
For:
City of Shorewood
of
24255 Smithtown Road
Shorewood, MN
33-117.23-14-0046
Reg. No.
22703
STEVEN V. [SCHE
Dote: 3/14/05
.. _ 763-541-48Oll.Fax7~'.1700
INFRASTRUCTURE I ENGINEERING I PLANNING I CONSTRUCTION
k:*01074-B7*Survey*ooundorY-+ODo.dgn
,I"-'''~
'">.;
/
!
, ,
-"
".. "...'
i
,
If
/ '
/ '
/
~ P=:~~!.~".~=.
j ;'
, '
, '
1'-""
,_i
/ :'
/
\
1'-
j
\
/,,:--
!
/~...
,...J.
..~.~
SET
.-\
I'
i.
(-...
I:;:
\
;
"
./
\
''"7
Exhibit B
VICINITY MAP
.
.
fT1
X
Vi
:::!
z
C)
(j)
:::j
fT1
()
o
z
o
:::j
6
z
(j)
~tr1
;;<~
~.....
OOcr"
~~.
Zn
C".)
00
~
~
~
'll
;0
o
'll
'"
;0
~
?
\ r\
'\ ~ \
\ I \
\ 1; \
~ f \
\12 \
\E \
r\ \
r \ \ t
~ '\ \ {?
I\.\ /~
1 \ \. ~
~ \ \ I
I 0,:, I
~ \ t
I \ \
~ ~ \
<<- <<- <<-* <<~ <<-----tZ<<--s:FM<
~ \ \~ - -
\ \
\
\
\
\
\
\ <---
~b____<---<---<---
'll
;0
o
'll
'"
;0
~
'"
x
Vi /
~ ~,
o C"l
C ,,(
VI Ai o~
VI .., z ::o~_
o V Q
;0 i: ~ ~ti
;:: /' l"l Z
g ..- ~...;~ ~ ..tl<---<
~ -- rrl r" t"1 ___(; n ~
il1--- ;0 ;E...< l"l Z
.<.--,. Z C"l
~~< " ~~
tl 0 ,..,
~ ~ ~
---< ~ q
z ;0
~
o
C
VI
'"
x
~
Z
C"l
l"l
X
Vi
""~
,...
g",
'"
x
Vi
...
Z
C"l
~
-<
o
~~
VJ
,.."
-<
.......
f5
()
,.."
<:
-J
,.."
;0
VI
...
o
;0
;::
VI
l"l
::e
'"
;0
~
.3
""
----
1
o
~ ':.;.
5CAU: AS NOTED
J
o
l"l
....X
0-
;o~
VlZ
l"lC"l
ii:'ll
g~
n~
",Z
ZC"l
M~
;o~
....
;0
o
;::
:e
'"
,...
,...
Il.(VISION NO.
OAT[
[1l~'1ON
I HEREBY CERTIFY THAl THIS PlAN. SPECIfICATION. OR REPORT
WAS jlR(PARED BY U[ 011 UNQER "" DIRECT SUPERVISION
AND lHo\l I AU A DULY lICENSED PRO(ESSlOtw. EN(ilNUR
lINO[R THl LAWS Of THE STATt or "'NN[501"
At.
WSB
_:u
701 Xenia Avenue South. Sulle 300
Minneapolis, MN 55416
www.wsbeng.com
CH[CIC[O BY;
KrN
)-17-0~
PROPERTY UNE -BJB
BADGER FIELD
WELL HOUSE IMPROVEMENTS
SHOREWOOD, MN
PLAN BY:
BJB
K[VIN r. NEWMAN
dt' Assoc;oles, Il1c.
.:1;11.._____ '6).5U.4ll1lD.F~'&J.541.1JOO
INFRASTRUCTURE t ENGINEERING ',PlANNIf-f(J;" CONSTRUCTION
OAT[
25196
)1'10 :,141 woaOlO::llll
861;Z :oN ':1'\
_M]N 'J 1M3"
'....
NOu:)(ltHSNOJ, ~NlNN'tiltJ t, :JN1~33NtnN3" ]W1Ufl}J!SvtfjUI
OOLI.ltH9LlII:j'QOII,..tK"m-,lI'"
:;)UI 'UID!30SS\f 1f
Nw'aOOM3110HS
SJ.N3W3AOHdWI 3SnOH '1'13M
a'13I.':! H3Dava
t8-ttOl NJ)I
:oN I:JJtOIN ~ O!W:JJM)
w(Y.)'6t1sqltM.M.MNI
9t ~s NN'sUods8UUlW
DOt 91!ns 'lpnoS BnUS^'d e,uax LOl
-
ere 3NIl dOMd <<;0 Ot r
NJ)I are
=- JCIUO :". ..".
YIOS:NM JO 3lYlS 3H1 JO $MW1 3H1 IIXN't
If)]IrfOl3 lwrOIl]JlNoI O:JSlf>>f1 .....",0 Y IW I pHI ctHW
1tOr$II\II3dtlS 13:.0 All II30NA 110 Jft All O3tltcDW' $Wll
1IIOnII 110 "Hl)lJtO~:ws "WW SlM1 PHi UlIIJ:) .ulllIlH I
..........,
''''''
'..-
OllGN SY ''''''"
Q:
Lu
I----
<:
Lu
( )
~
III
Z lo::
a::iii;J,
W~3:
3: w
~ J: Q ll:
UIIl VI Oll:
::Ii ';;(. 5 .... ~ 0
~u~ ~ l5z li!
...... ....I ::l ~ ll: tJ 5
IIl<(U ~ <ll: 0 0
w iii 0 W
::Ii a.. III w...... ~ ~ ll: li!
a:: U'-t;jz 0 W ~ 5
~ a::~a::~ ~ ~VI 2
III W 0 Uw ai ~ ll:
W 5 ~ ~?( ~ ; __,---0 VI
0> a:: U a.. u >- ,--- \ <
>- J:,--- oJ CD
~ ....I 0 3: 0 >i 0 ___,--- \ ll:
a:: ~ ~ ~ ~ ~,~ a
l:l ,~~ta oJ !i
>- I: ;,~ ~~'liJ~ .. a ~ \ ~
~ .----"--- ---' \5 ~~ g \ ~
___' z - W ~ oJ ~
, 8 li!~ \~
o 1-1- f
~ 0
~ ~
z ~ \
~ ) \
/\
a::
w
3:
w
III
~~
Q:
CJ
~
:::
L-J
C-'J
ll:
Oll:
....w
l5~
'" W
< u
oll:
zO
52 Z
ll:W
<VI
0..
SSM
.".
o
W
ll:
5
o
W
ll:
~
o
Z
~
W
VI
~
-i
-'
W
;=
2
z
-<
~
~
~
E-c
~
rJJ.
Q
~
Qoo
~O
:.6~
.......0
~~
~~
~
- 0
z~ 0-
Z
iii~ 0
O'io.. U
J:I- Z
uW 0
1--' Vi
('5ii: 0
ll: lr
o::w W
wI;;(
;=;= 0
~::E Z
0:: <(
::!!o
0::1- l:)
OVl z
:n& 15
<(
0< lr
zo::
~~ l:)
~::E W
Xw I--
WI- Vi
----..-->>--
~ 0
~ ~
\ ;
'\ ~
oJ u
\!i
~
~
tJ \ I
~ \
; \]
f~
~ \
~ oJ
., \
* \
~ \
I oJ
~ \
\ I \
. ~ ..J
Y \
~ '
\
~
~
0::
W
0..
o
0::
0..
\
\
\
\
\
\
\
\
\
\
\
>-00 ~
-'< 0:: < '
w-' 0.."-
I-VI 0 t!,~
< ....
::E'" w "'z
-0
Xo VI :::>
0-, :::> 0'"
0::.... 0 1-0
0.. J: >-1-
o..w
<VI -' 00
:::> -' <w
wO ~ WVl
COJ: 0::0
~~. ::E -,0..
0 FX
co~ '" ZW
:So "- :::>~
>- I-w
VlZ < Zo ~
ll:F ~ w<
o~ < ::Eo:: '"
OX ~o w
0 0..
-'w w <al 0
"-z Ow 0..:::> '"
w< <0 VI 0..
VI~ 0::< CD I-
:::>1- oz 0::<
VI 00:: wee :::>J:
W J:w coll: :nI-
l-- -,J: 0 ow
0 -'0 j~ I-;;!
z w -
~J: ~F 01-
~in wiii Zl-
w.... 1-0 o:i
z": in 0.. o:J
..: N n
.
.
5Mp'uOldM
04S\Ja~I!Mal5I!MJlf.IeM\:W
sva =MJ4J0 OItOOW
HWA
ION .I3'OW U G1lt:XJ.O
--
'ON J8:...
HWA
l,l"IHOISlI1 ~ Hnd
O3I.ON SV ..-
"t'J.OS3NMIIIJ021't.ISKJOSM'tl
~ YJOMR J:J:III(lW ~ A"YWJ W' rN I MtlONW'
HOmWURS .lDIIO ,\JIll BJHn W ~ J8 (I]WIOlW !NM
.DIU3Y >>0 ~ ......... SIU. .MU. .u&1II>> J.IlRBH I
...-
:1LVd
0166
HlnlGNN3H 'H IMTlIto\
...J 85'
<0-
::I WE ~~
~j!; ~g :J:,
~~ ~011 11>>
fil~ ~~ ~d
iJio1ll:l~
Z CI ll:...
li:z
~a " ..
lLiil
:
"
~
(.;;z,) 1= 1
O-V 133HS 139101>(; VHM
:,,:' .
.: ...
.' . '. ~ :
. . . .~.
'. ~:. .~
. ;
I 11
::> z O!
a ~ l3
iii !i! ~
~ ~ ~
~ ~ ~
lD _ a:
OJ .,
a
~
... u
i
..,
.
aOOMIDIOHS .':10 AJJ:J
S.LN:!IWHAO'HdWI :!ISnOHTI:!IM.
(1'131.':1 'H:!ISavR
.
~~ 7
L-(\
'---'
~
z
~
i!
~~
"(
i
ill
t
~
lD
0::
1-::>
II>U
::>,
<0-
~~
00
ttmlfm':"':"
.~. : ';- .~
:......
;..... ..
"
..
','
d' ..
." . ~.
'.' .:
......
'. 'J
q]
-l. ;.
;. ,
t. '.
~J'" ';
~.. '..
111
c> !i! a
~ 5 ~
i Ss~
.
~. ,;:..
~ ..
..:'
..
-
1
~-SlIJ_IO-~
~:::::~~ XYJ ....1 '_r"
9IKSNn...p1...."'" SSM
IlOS 'aos ~
..-. "I"'ll to! ....
~
'"
'0
~
... .!.!
j
. G
c>
rJJ.
Z
o
~
E-c
-<
>
~
~
~
'-'
~~
.t:;Q
~~
..c=S
~~
LU
l-
X
w
~
i=
W
W
J:
(f)
'all 'Sl:>31IH:>W Hlne YiVIllIM <<;OOl @
:z:
o
r=
~
~
w
j:!:
:::>
o
en
---
liI61~Z: :ON ';)11 :l1YO NW 'aOOM3:1I0HS NOll'JOH1SNOJ' DNINNV 1d e ~H33N1BN3 ,; 3Bf11:JnM1S~jtll
".. :AS .YG:I OHO:l18 IllUI-nlj-[9ln:l'lI08t-'K-t9l-::"~'
lS-trlOL.1 N.:I>t HVI'UIl]N 'J HIIl.])l '~II, 'SiJIO!.:lOUV 4'
:ON I:lYOtld 'JJlI Q])I:I]IO S.LN3W3AOHdWI 3So.0H '1'13M
Nj)4 .1- grg WlX)'6uSqsM'MMM, 8SM
arg-oooa 0300... c;o-ot-r :AS ",.SJa :J.8NV1d 't1OSJNNlI'I 10 ]1'115 ]H1 JO $MVI ]Hi If]ONn 9~ loSS NW 's!lodeaUUIW
tl1]HCN] 1VHOlSS]JOlf" OJSN1Jn J.lno ., "'I I 1......1 0N't U'13Ii1 H3DUVII OOf; 9l!OS 'lpI10S anu&^'1 e!U8X LOt ....
M)l.....VW1l1 """ 0310N SV ,,.,,. NClSWfldns l:1lHIO J.n HlONn tIO 11'1 AI Ollf'tdJIId S'tM ~
'ON HOISIo\]II 111l0..38 1Il0 'HOI1't:IUI31dS .,..".. SlHJ. i'llHL J.jIL813 18lt1JH I
~
~
~
~~
+-'
:EO
.......0
~~
~~
o
I
LO
{'oJ
-.--..-J
<(
U
-
a:: 0::::
a:: 0 ~
YW >- W
zx U a::..J U CO
~~ ;: W au
0- 0-<(
0 W
~~ 0 0 <(>-
Z 0::0. W
<(10 Ul ww
I<( ~ <( zu -.--..-J
0.0- W '-' WW
UlZ I Ul ,-,a::
0::J I- <( W Y 0.0. W
Io ~ 10 Z ..J ::J::J -.--..-J
a.:::> iX <(
>-I a:: a. 0 ;: YY
..Jo- 0 :::> ..J W UO <(
~~ 0 ::J I 0 <(0
0 a. u Vi IDI
@ @@@@ @ U
-
:2 a:::
W 0
>- W
<( 0
I
Y U a. I 0
Z U Ul
W 0
<( 0 :J I
>- iX Vi a. U
y 0 0 >-
I <( ::J a:: ..J
Ul W ..J 0 0
<( a:: ... ::J a.
;: 10 -' 00.
W 00. ...
>- 0 W:::> W:::>
Wa:: W >-::J>- ..J O-::J
>- SCL ~ -' 50.
>-w Z ~~
u;: ::J 0,-, - 0,-,
zO 0 :::>~~ w<( :::>Z
WI :::> ...01
'-'Ul ... a:: u ..J>-
a:: -' -'W ~Q ..JW
wO -' W>-Ul w>-
:::>Z <( IW <( OU IW JJ
W<( ;: Ul:::>'-' 0<( Ul::i;
0
e e 8@ @ @ I
W CO
a:: CO
=> I I
>- .
<(
a:: {'oJ 0
W
0- W
:::> a.
W ::i; 0
I- ::J W 01
0- a. ..J 0
<( ;: <( ::J
W 0 a:: u -'
I -' W Ula:: ...
>-
:::> :::> Ul WW 00.
0 0 0 zo- w:::>
(/) 0 0 0 _W >-::J
a:: a:: 10 a::::i; Zo.
W 0 ::J
W W W -,W o a::
I>-
I- Z Z Z a:: uoO: :::>w
iX 01 01 ...
0 0 a:: ...Ul
0 0 0 Ul -' -'Z
Z ..J -' -' Z <(0 W<(
I I I W ::JZ I a::
>- U U U Ul 0<( Ul>-
W e e e e e e
~ t
0
o
I
o
o
I
~ ---- :I
:2 I I
I I
<( 0 I
W 0 I z
0:::: 0:::: J :5
a.
<( lr
0
u.. 0
-'
LO L..
OJ :2
<( ~
-.--..-J u..
CO
o
I
o
'<t
.
6Mp'I
4S\Ja~eMiJl5eMJ~eM\:W
.
.
~
i
i
!I
~
~
NOTES
1.
.PLANTlNG STOCK SHAlL CONFORM TO THE AMERICAN STANDARD FOR NURSERY
STOCK: ANSI-Z60, LATEST EDITION, AMERICAN ASSOCIATION OF NURSERYMEN, INC.
AND SHALL CONSTITUTE MINI...UM OUALITY REOUIREMENTS FOR PlANTING MATERIALS.
r'-
w
Z
~
~
0::
w
a.
o
0::
a.
In
W
W
::
"
;Z
;::;
In
B
w
;Z
~
>-
....
0::
w
a.
o
0::
a.
w
Z
:;
EXISTING
SENIOR
CENTER
4-ARBOIMTAE, PYRAMIDA~
SHREDDED HARDWOOD
MULCH- TYPICAL ALL BEDS
wi H.D. POLY EDGER
2-SPARKLER FLOWERING CRAB
-'
-'
-'
-'
-'
,-'
-
10 VARIEGATED HOSTA
4 JAPANESE SPREADING YEW
6 RED TWIGGED DOGWOOD 'ISANTi'
PROPOSED PARKING LOT
HYDRANT
EXISTING TREE
Z - SUGAR MAPLE
SOD
3 JAPANESE RED
SPIREA 'DWARF'
7 RED TWIGGED
DOGWOOD 'ISANTI'
1'1'f/.\<.I!olG
t.'l.ISil!olG
PLANTING SCHEDULE
KEY aOTANICAL NAME CO......ON NAME SIZE ROOT
SM ACER SACCHRUM-GREEN ...OUNTAIN GREEN ...OUNTAIN SUGAR MAPLE 2" a & a
FC MALUS ' SPARKLER' SPARKLER FLOWERING CRAB 1 1/2" a & a
ARa THUJA OCCIOENTALIS-AMERICAN DARK GREEN AR80RVlTAE, PYRAMIDAL OK. GREEN S' 8 & a
RTO CORNUS STOLONIFERA 'ISANTI' RED TWIGGED OOGWOOD 'ISANTI' 3' POT
YEW TAXUS CUSPIDATA JAPANESE SPREADING YEW 24" a & 8
SPIR SPiRAeA JAPONICA DWARF -RED JAPANESE RED SPIREA 'DWARF' la- PDT
HOS AL80-MARGINATA 'HOSTA' VARIEGATED HOSTA 6" POT
)
J
-'
'\'II.\~,-'
I'f/.;J!t..f/..-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
-'
Qf/.l'lt.'/ll''f
t.'l.ISil!olG
lANDSCAPE PLAN
III
...,
10 10
I
..., w
CD a::
I ::J
w >-
I z ..J
::i :;)
I u
a. ;::
0 a::
Q:: 0
a. :r:
.n .n
i 0 0
rl I
so .....
I I
'" '"
z
~ ~ i
"I i
~ Ii !
~
i ; ~
!Ij
~it~
~t;sa
~H!
~U!
~l5q!
J-.ill
~5'1Il
1i".5
sli~
!Ui
i
~ ~
~" fi
i !
~
I ~
N
Z
..: iI
! !:i
"
i
.v
rJJ
Eo<
~ Z
,~ ~
~
9 i> Q
~oo
..... ~
~ Q., 0
~ ~ ~
~ ~ r~~
Q rJJ _
-< ;:J ~
>l:l g 0
...:l ==
~ CF.J.
~
OUANITY REMARKS
4
12 8"'E
~z
4 '::~~ ~g
~ ~ !&
3 (l)Z. z-
;f~~ .i!~
10 5'~ ~ ~O'
(1)0
a. !"
. .. :Ii$.
n ~~
~ ~~ Ii,
",,m
1iIIl:
H
ND ~I' I'
...- , ~~ j 'I
0 5 10 20 30
Exhibit G
LANDSCAPE PLAN
..
,
.
CITY OF SHOREWOOD
RESOLUTION NO.
DRAFT
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A WELL HOUSE BUILDING AT BADGER FIELD
WHEREAS, the Shorewood Public Works Department (Applicant) proposes to construct
a building at 5755 Country Club Road to house the City's Badger Well and appurtenant
equipment; and
WHEREAS, the property is legally described in Exhibit A, attached hereto and made a
part hereof; and
.
WHEREAS, the Shorewood Zoning Code allows governmental buildings by conditional
use permit (C.D.P.) subject to certain conditions; and
WHEREAS, the request was reviewed by the City Planner and his recommendations
were duly set forth in a memorandum to the Planning Commission, Mayor and City Council,
dated 30 March 2005, which memorandum is on file at City Hall; and
.
WHEREAS, after required notice, a Public Hearing was held and the Applicant's
application reviewed by the Shorewood Planning Commission at its regular meeting on
5 April 2005, the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 25 April 2005, 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 subject property contains approximately 16,345 square feet ofland and is
zoned C-3, General Commercial.
2. Land uses and zoning surrounding the subject property is as follows:
North:
West:
South:
East:
Self-serve carwash; zoned C-3
Auto repair shop; zoned C-3
Badger Field Park; zoned R -1 C, Single-Family Residential
Southshore Senior Center; zoned R-1C
.
",;
3.
The proposed building is 13 feet in height, and contains 1040 square feet of floor
.
area.
4.
setbacks.
The proposed development of the site complies with building and parking
5. The proposed site plan for the facility will remove four existing parking spaces,
replacing them with a new parking lot on the west side of the building containing nine new
spaces.
CONCLUSIONS
1. The proposed use of the property is consistent with the Shorewood
Comprehensive Plan.
2. The conditional use permit for the Badger Field Well House Facility is hereby .
granted subject to the following:
c.
The site shall be landscaped according to the approved landscape plan and the
recommendations made by the Shorewood Planning Commission.
Grading, drainage, utilities and lighting shall be done according to plans approved
by the City Engineer.
The Subject Property shall be legally combined with the Badger Field/City Hall
property to the south.
The City shall commence the process for rezoning the Subject Property from C-3,
General Commercial to R-1C, Single-Family Residential.
.
a.
b.
d.
3. The City Clerk shall provide the City Attomey with a certified copy of this
resolution for purposes of recording with the Hennepin County Recorder.
4. This resolution must be recorded within 30 days of the Applicant's receipt of a
certified copy hereof.
.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 25th day of April, 2005.
WOODY LOVE, MAYOR
ATTEST:
CRAIG DAWSON, CITY ADMINISTRATOR/CLERK
.
-2-
.
.
.
, . ., f
Description of Property SUfYeyed:
That part of Lot 27, Auditor1s Subdivison No. 133, Hennepin County, Minnesota,
described as follows:
Commencing at the intersection of Smithtown Road ami the West Ifne of said Lot
27 extended North of said Lot 27,' thence South a distance of 254. 0 feet, thence
Easterly a,nd parallel with the centerline of Smlthtown Road a distance of 850.0 feet,
. whIch is the real point of begining of said land to be described,' thence Northerly and
parallel with the West line of saId Lot 27 a distance of 284.0 feet to the centerline of
said Smithtawn Road,' thence Westerly along the centerline of Smithtown Road a
distance of 15.0 feet: thence South and parallel with the West line of said Lot 27 a
distance of 185. 19 feet; thence Westerly and paraJlel with the centerline of Smlthtown
. Road a distance of 150.0 feet; thence South and parallel with the West Une of said
Lot 27 a distance If 98.81 feet,. thence Easterly and parallel with the centerline of
Smithtown Road a distance of 185.0 feet to the point of begining. Except road.
.
.
Exhibit A
.
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
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
31 March 2005
RE:
Lake South Automotive - Proposed Rezoning
.
FILE NO.:
405(05.07)
BACKGROUND
.
Last year the.Planning Commission, in its annual review of the Zoning Code, determined
that the C-2, Auto-Oriented Commercial District was obsolete and should be eliminated
from the code. Last month a public hearing was continued, pending a rezoning of the one
parcel ofland in Shorewood that has that zoning classification. The subject property is
located at 25575 Smithtown Road (see Site Location map - Exhibit A, attached) and is
currently occupied by Lake South Automotive - an auto repair garage.
/
While we do not have a survey of the subject property, the aerial photo on Exhibit B
shows how the existing building and parking areas are situated on the site. The property
has 19,961 square feet of area, according to Hennepin County tax records. The site is
entirely surrounded by single-family residential development with R-IC zoning to the
north and west, and R-IA zoning to the south and east (see Exhibit C).
.
The Land Use Plan in Shorewood's Comprehensive Plan designates the future land use of
the subject property as low to medium density residential. The Area Plan for Planning
District 4 (see Exhibit D) states "Any land use decision relative to the small C-2 property
should favor redevelopment to low to medium density residential (one to two units per
acre)".
n
t.~ PRINTED ON RECYCLED PAPER
#8~
Memorandum
Re: Lake South Automotive Rezoning
31 March 2005
.
ANAL YSIS/RECOMMENDATION
Whenthe Comprehensive Plan was being discussed, it was noted that although the auto
repair operation was an allowable use in the C-2 zoning district, the existing building
does not comply with the setbacks of that district. Nor does the existing parking area
comply with the standards for commercial property (i.e. setbacks, curbing and striping,
and screening from residential property). Exhibit D drastically illustrates how
nonconforming the existing site is with respect to setback requirements. The site is
essentially unbuildable, due to the requirement that commercial buildings have a 50-foot
setback from residential properties. This is one of the reasons that "spot zoning" is so
strongly discouraged.
.
By contrast, the site is very usable as a residential site. Exhibit E illustrates the setbacks
if the propertywas zoned R-IC, Single-Family Residential. Ifi$ worth noting that there
are two choices as to which residential classification the property should have. Property
to the east ofthe site is zonedR-IA, while property to the south of the site is zonedR-1C.
The subject property woulq not be buildable as an R-1A (40,000 square feet). Therefore
the R-1C' classification is recommended.
.
How will the property b~ affected by the change in zoning classification? Relative to the
current use of the property, very little. The property will be "grandfathered in" and the
business may continue to be operated as it has in the past. It can be sold as a
nonconforming use and a new owner may continue ~he busin~ss as it has been operated in
the past. Under the new classification, neither the building or the parking area may be
expanded. . However, that is the case under the existing classification as well, due to the
substantial nonconformity of the site. Perhaps the most significant impact of the rezoning
. is that any change in the existing use of the property would have to be to residential use
rather than the list of allowable uses in the C-2 district. Again, the site is quite buildable
and usable as a residential property.
.
The property owner has suggested that the "down zoning" of his land represents a taking
and questions how he will be compensated. We have asked the City Attorney to address
this issue, and his comments will be forwarded under separate cover.
Cc: Craig Dawson
Tim Keane
Bill Kirchner
.
-2-
~ I I
~\
~':+
"
CD
CD
3
0)
::J
.~
"
~
II I I I
~i'
~
b
.,,0
(1) 0
~
\LL
/I~~
7 "'"
> '-7 ~' -e......
'\. l----\ '\ I
~ hi'",
"" '<:7 ~' ~
~ ~ \\=
I ~'" \ \
\ '\. "" \ \
~]i'~ LJ
'C-. , ~
~ !l ~ EUREKA RD
I / ~ ---I1r-- '. · : :
L ~-~.., ·
Ii -I 1\:" \~ '.:
7 0 DOO DR " ec~"b'"
If I ~~" "1
//Y1' -~r ~ ~ '" I
l'fT ~ "rei
<4/ I.,.. DR ~ \ ~<S ~
Ii""", 1\ \ I
\ Y ~~
\ (I
~ ~ ~~
I
GRANT' "RENZ RD
I
... ...
... ...
...
...
...
o
'"
c.n
o
~ I /
~ \ '"Tfi\
P n- \\
~ CLlIBlA \
L \ \ U I . RD L/
I \ .--- ~..p -I ,...............
8 ~z
...- ~'.I
m
c
"
~
o
c
;0
c
- ,
"'D"OIT'^DE~
\
\ \
\
L..
... -----r
~. \
~~. '
~;f
... ...
I- ...
c ......
>
... ...
... ...
~
1.~
{O---
-'--
-.,
...
... ...
... I-
...
--
I
MEADOWVIEW RD
:Ii
;=
c
;0
~
m
>
(I)
c:
~
;;
...
m
>
EUREK
I~
~
;
MANITOU LA
- Exhibit A
- SITE LOCATION
I- Lake South Automotive
Exhibi t B
AERIAL PHOTO
~ESIDENTIAL DISTRICTS
I /5 F;Lfj
I - "'~.-'i /
-----= ----- '" PREPARED BY:
: FL/~~":i: ,::1;1 II -U~' ~
~",,:.::~~-:':1J;-'I".;>~b _~L~~'~~~~II:t~ ~fk'~J.~ .
" ........ \.. .....~ -~::;,"- -" 'c...." / . :: I :.,~ It ~~EI ' , rJ~
\ ... ..', I '-(MFltq"O' I : ~~~l, : ~~i''': : 011 - -- li1 OR~IR
000.' '1 Rei \n.. ~.l ... . :"~~ 1'JL ~II/ 1- -JI.:'\""- TONKA BAY
J,: II ~II 1 I ~. ~ ~ l':W-~'II
, K,-!-!. .......-'I. UJ , \. ";JC.:IJ
~ ~ 1.'T T' '. I --' 0 ITr--t &;l ~ ~ -.=" AMLEE.' . iIRo. /
---... . f',,", ~ VALL Y WOOD LA. /......." r....l .)--
~ //\ j: 1 I ~--"-.:r' .. ! NELSINE OR. P _~ I 1\ '\ IQ.
I-K 1 i I li1r ....::.~ ;;: SU~NY~ALELA, "II r\ / A j RD.: I 'I · - .!.. ~
Jl '"-- NoeLE RD. I ~ -,-=,! ..,-~ I I \ eX; : : : :: ~ J
\ ~ :-1": ~ ~:~~..=-~! J ! L ~~ '. ."'" ~ f-m; . I~:=; ~ ',tJ,." TIT -J ~ ~\
J: ai 1 I i .__.~"=-~- I--'/~- 1:/--- V:?: :: ! Ii, ; ..~ I~ ~ 1 , I 'l i 1 i 1 110 .'
.. I! ~ ,,=,"! ~ ~ \ wq, v~! ++- ~+~, i; l~i Ii> i, 'I! : : ! 0: ..
II I I !!i -~ i,;). /'! ~ l \ I/. 'U:. ~ - "-J... i I \:l "u UJ
Ii II SMiTH1ow~. I ,I~ ~:.. . i I' #9 I :: i:: '~.11- _ ~ D l_\. '-----, : !! --
.. ." .. .' J ~SMITHTOWN~f.. -. . l~t:I".c.:: _I"VV.llf"tJ~----'-'---'-';;:
I Lj! ! I \- =--= i .... ~J/ ::....: :: II A _.J. AA A'~'''~) ~ ...
",_L J ! ~ -- I '" --- ",:'!1:: !!i' -
I" weEFI.t /.. ~v oj.. II I
----1 ,s;f\~=~r c....J .-:~ / ""o~ .:.;~....~ MANN LA, . =--
~. ~':~l- ----" -1 "Ill \ ,~~~:'''-rlIT ~ ~1-...-. -= _.n.+-_ '" EEXXhIiSbTitICNG ZONING
__" ... ___ i"; i :: "-... 0 . I I ~ . ,~._--\ .
J. '..l : l...",~ .;,,-;;! ........\."- \ I. '" :r"'~" .......--1]
l ......... - '1 I ~ "'--11.- " ::I" I I ~ \ .
__~ ..J rr\--r-r-'\-~ U OAKS'" OR. .' .1 i // f--n.-L.._. .A::. \
~'1A
~-1B
.
~.1D
~.2A
~.2B
~-2C
~.3A
~-3B
~.C
WETONKA
)
.AKE" )
COMMERCIAL DISTRICTS
Single' Family 140,000 sq_ ft.1
Single- Family 130,000 sq. ft_1
Single- Fa mily 120,000 sq. ft_1
Single - Family 110,000 sq. ft_1
Single and Two. Family
Single and Two. Family
Single and Two-Family
Multiple.Family
Multiple. Fam i1y
Residential- Commercial
C-1
C-2
C-3
C-4
Neighborhood Convenience
Auto - Oriented
General
Se rv ice
fHiF1
400' 0 400'
t
1000'
20
FE
SHOREWOOD PLANNING DEP.
I,L~ ,\
J ~_
-
.
.
.
.
~
~{j ~ \ I I I H=:?~~{ . I' t~.. ~ -"-..J~ I I 11111]fiT I I JT1~ I
p rt1'pt~ \\h.l-l " ?f!Jlr .\IIIII' ~rr Iiii
\ U'i: -H.',;.... :IN ,- ~ \ ~J/ \-l-
- .J.' ~1.. I.. 's, '9l 'CXlU,T ,_ ~ 1..1 ~ ~
tJt'TlI . 't' ~ f'L .,....-- . r-"'" ==r ..... I!!!!:: I ~ C ~ )
~ 11 .-ll 1._ os. 001" Cl'C,,' ~ h [:::J l.oil..... --' 1/:; I-----
~ ~ 1--. () I---< .. 'II 1''1<>\'" .. . wS T "
~~~ ~1 g: ~, .' '~L- 1 ~ t::U ~\ W VM' -
sf' b1 .9 ~ ~ t1 , '. T -/ ~..~ J ~ 11 F ^
Yl.--'-~'~~f~ 1\ '1. I~ ~ T ~\L~V' W
____1).J'F(\,y' t-l ~--l~" \ ~w N
" j ",v J U ~, T t-",4)T
H~}., -\1 ...\f~Gfl L w ~'.J.
~ . . ,/"~l'" I- ,'~ U\ Ii h n'-~k~~~
~ ,. t( )"'\Y/- Il [il'F~II$IRV / L _ ~HC<:
L.t .... '. 'I.~ .s....~ "'''''1'' l1: I1:IR I ..n/4:., 1-'1 II \ II./'
= " ~""h~~ ;~~-flh=" i==~::l
r: ~{;' =- T I ~ wm~ t--78JJI11J.l! -
- -1: K r..- CIT"C F H)1i E~ OqlQl I "I II ~ /1 t'~'I''''I"'f I \ \
n-
r-tj
l-- r1'
I--
: '~b :;:
'" ,,--. '
I"' g
v~
,--I...-
_I..-
---
VIRGINIA
6.1."1) ST W
CITY OF CHANHA88EN
Planning District 4
Planning District 4 is bounded on the south by Shorewood's border with the Cities of Victoria
and Chanhassen. Smithtown Road forms the westerly and northerly boundaries of the district,
and Eureka Road bounds the district on the east. The Hennepin County Regional Railroad
Authority right-of-way extends diagonally through the district and is currently used as a regional
trail facility. The area west of the H.C.R.R.A trail is zoned R-IA, Single-Family Residential.
Land east of the trail is mostly zoned R-IC, Single-Family Residential, except for one tier oflots
on the west side of Eureka Road, which is zoned R-IA. There is also a small triangular-shaped
area to the west of Strawberry Lane that is zoned R-ID, Single-Family Residential. Finally, a
small parcel of land located on the south side of Smithtown Road, east of Smithtown Way, is
zoned C-2, Auto-Oriented Commercial.
As with much of Shorewood, this district is nearly fully developed. Existing land uses are
consistent with the current zoning pattern. Large-lot residential occurs to the west of the regional
trail right-of-way. The area to the east of the trail is dominated by Freeman Park, with half-acre
lots to the south of the park and older, smaller lots to the west of Strawberry Lane. A senior
housing development occupies the northwest quadrant of State Highway 7 and Eureka Road. A
small auto repair garage is located in the southeast quadrant of Smithtown Road and Smithtown
Way. Semi-public uses in this district include a small cemetery at Smithtown Road and Cajed
Lane, and a church located on West,62nd, just east of the trail right-of-way. There are a few
scattered undeveloped parcels, one of which is the largest remaining vacant parcel (nearly 20
acres) remaining in Shorewood. There are also a few parcels of land that have the potential of
being subdivided in the future.
With one exception, future development in this district should be consistent with current zoning.
I Any land use decisions relative to the small C-2 property should favor redevelopment to low
!--density residential (one to two units per acre). The City should be open to some sort of planned
Exhibit D
AREA PLAN - PLANNING DISTRICT 4
.
.
.
.
.
unit development for the large parcel on the west end of the district. Development of this parcel
must also address the smaller vacant parcel of land to the north of it.
Smithtown Road is the main east/west collector street on the west end of the community. Eureka
Road is also designated as a collector street, but is not designed or built to collector street
standards. The H.C.R.R.A. trail provides excellent pedestrian and bike circulation to Freeman
Park and south to regional park facilities in Carver County.
Freeman Park is Shorewood's largest park and is designated as a Community Park. The State
Highway 7 Corridor Study recommends closing off direct access to the south end of Freeman
Park. Park Lane will provide access from Eureka Road to the south end of the park. The City
also owns and maintains Cathcart Park on the south side of West 62nd Street as a neighborhood
park.
Municipal water lines are available along Smithtown Road, Afton Road, Beverly Drive and
throughout Shorewood Oaks.
Although the Park Commission has been reluctant to recommend telecommunication facilities on
park property, Freeman Park would qualify for such a use under the category of public property.
-2-
.. . ,
I It
,. ~
I ,
I '
I
, .
I '
, I
I '.
'I 4
, I
l-'
I
I
II "I
______..1
_I
_.. ., f'i11 (X)
~ -,0
tI"'l t .
~,o
-tn r-
t_ _
t N. (28)
.1 Ln
I Exhibit E
C-2 SETBACK REQUIREMENTS
.
IS'S
l,tIJ-C
(4) .!:J
7S
84
~ . I
. ,',.
,
.:
r
,
I
I
,
.
~
-
pI
(,.1-
I", ,~..b' .f,
~ ~t,'"
(27)
L.~~ ~o""''' ~
Au""otw\O-\'- 4
q-
.
-
, "..."",
t~ /... .. I
'(46)
NotTh
;
~---
- - i.-o /1'::-50'
.
. . . '. .' "
',--.-. ......... -----
~
I
.\. b^..r1'
~(~ , . ~~" '. ,it
. ~ . . .".' ,,' ~.,'.' . 'd,~(li\ \~t?,' :',.
V . . ~ 1\:0-- ."~; "..
. ..' toe "ti 'd0f{fi:: ,Ii' ~~~~I1i
00c ~~; , . f(. It:. .,~;:{(" ~ '<',il',;"
.. ...." t,~' .' . ....,........,.......,.,..."........,..........'.,....".,',.~.....,.,..A).t'".. )~. '-iiS5-.,.,.,...,'.,,'.. i..,..,;{.",;~yt,~
.... ~,. .~(Q ~~~:~~~0Q . ;~. y . .
/ ,... I" }"
" ,I
,
L.~ ~ ~o""'''
Au"" 0 tw\O-\'-
..
.6
.
,
I
I
,
.
"~!J
,'if ,C
( 4) .!:J
7S
,
,
t ,-
..
~
pI
~
I
t . ~
J "
" ,
':-'" Ii J1" ( It ,..,. I I
:J.r:;;, (p :J I
I
, .
. (27) I, ~
I .1
'I C
, I
l.e
I
I
II ...
q-
.
____.__-1
L___
.
:( 46 )
Norlb
- - i' /1~50r
_I
ttjlQ)
-10
tI"'l ·
~'o
-l/')
I_
t
, ','
-
N' (28)
Lt'\
;
~---
-...,
~
r-
. ...', 11"
Exhibit F
R-IC SETBACK REQUIREMENTS
.-l!
.
.
.
.
.
LEONARD
STREE.T
AND
DEINARD
M E M 0 RAN DUM
TO:
FROM:
Brad Nielsen, Planning Director
Tim Keane, City Attorney
Zoning Amendment - 25575 Smithtown Road
April 22, 2005
RE:
DATE:
This memorandum is in response to your inquiry relating to the proposed rezoning of the parcel
located on Smithtown Road at the above-referenced address (the "Property"). After thorough
study by the Planning Commission over the last year, the Planning Commission has
recommended certain modifications to the Zoning Ordinance including a map amendment for the
Property. Specifically, the Planning Commission is proposing to rezone the Property from C-2,
auto-oriented district, to R-IC, single family residential. You ask: (1) Does a property owner
enjoy a vested right in a particular zoning classification? and (2) Is compensation required for a
down-zoning from C-2, auto-oriented district, to R-IC, single family residential?
In the first instance, I am not sure the proposed amendment is a "down zoning". The Property is
surrounded by single family residential uses. The Property is guided in the Shorewood
Comprehensive Plan for single family residential. The Property is irregular-shaped and consists
of 19,961 square feet. The Property is owned by William Kirchner and the site is occupied with
a small commercial building operated as Lake South Automotive. The building was constructed
in 1960 and county records reflect the Property was most recently sold in July 1997 for $35,000.
Discussion.
A city has the authority to rezone or grant changes in the zoning designation of property. Minn.
Stat. ~ 462.357. The planning commission, the City Council or petition by an individual
landowner may initiate a rezoning. Id. Rezoning is a legislative act and needs only be
reasonable and have some rational basis relating to the public health, safety, morals and general
welfare of the community. Sun Oil Co. v. Village of New Hope, 220 N.W.2d 256 (Minn. 1974).
The law in Minnesota is well settled. A property owner does not enjoy a vested right in a zoning
designation of classification of their property. Honn v. City of Coon Rapids, 313 N. W.2d (Minn.
1981); Almquist v. Town of Marshall, 245 N.W.2d 819 (Minn. 1976). Rezoning which is
otherwise valid does not give rise to an action or claim for damages because the land in question
may be more valuable for some other purpose. Marshan, at 827.
Although the property owner has no vested rights in the current zoning - and the proposed
change is consistent with the Comprehensive Plan, you also ask whether the zoning change may
constitute a regulatory taking. A land use regulation "takes" private property under classic
constitutional analysis if it:
2604401vl
fa-RT Of::
-=It- 8 G
"".
.
.
.
.
.
. "does not substantially advance a legitimate state interest". Essential substantive due
process nexus in a regulatory takings claim involving real property. Nollan v. California
Coastal Commission, 483 U. S. 825 (1987); or
. "denies an owner economically viable use of his/her land". This is the economic
deprivation test. Agins v. City ofTiburon, 447 U. S. 522 (1980); Lucas v. South Carolina
Coastal Council, 505 U. S. 1003 (1992).
The "economically viable use" branch of the formulation has proved difficult for courts to
interpret and apply. Without dwelling on the various balancing tests and judicial forays into
takings analysis, I suggest the focus of the inquiry here be on whether the property owner is
provided with a reasonable return in the use his property. Penn Central, 438 U. S. 104, 129. In
the present case, the uses allowed in the auto-oriented commercial district are fairly limited in
scope and probably have limited commercial viability given the low volumes of traffic and
surrounding residential character of the area. The proposed R-IC district would allow the
property owner to redevelop the Property as a residential use as consistent with the
comprehensive plan and the surrounding land use pattern. Residential lot sales throughout the
City have been exceedingly strong. At 19,961 square feet, the Property is only slightly deficient
for the 20,000 square foot minimum lot size for either the C-2 or the R-IC districts. Hennepin
County property records reflect the Property is presently taxed based upon an estimated fair
market value of$118,000.
Conclusion.
Minnesota statutes require metropolitan cities to conform zoning classifications to
comprehensive plan designations. Minn. Stat. ~ 473.858. A property owner has no vested right
in a zoning classification. Based upon the current state of regulatory takings law, it is my
opinion a change in the zoning of the Property from C-2 to R-l C would not constitute a
compensable regulatory taking. Further mitigating adverse harm to the property owner is the
recently expanded rights of non-conformity for non-conforming land uses under Minnesota law.
TJK:vn
2604401vl
.
.
.
.
.
This is a Petition to stop the rezoning of our property from
C-2 commercial to R-I c residential
-The city COUIlCl1 meetmg IS April 3th al 7.06 pm
If you would like to sign it, please sign your nalne and give
your address.
Name
Address
9.:~~~g-~~l(l~~~:~~~____~Y:.~~_~9_U!:!J. .:::~?~~__ ~:~~~:.~__~~:~~~~:~~~?'J>"
"""-J h",.. v'~'\\"'!:~_~~ '5170 ~f!\,1l..tb.VI\ G...d.t_ qt>f.wvJ
i?jfiYJffjfjii~~~~~~~~2:;~kjL4L~~~:~~~
~_~~__~~__.a.Ji:_Z',L_H!dd~_IYL'-_~Ik~
~!.~~~:::::::::::fi2~iI~a~fd::~~~-:/=:=::==
~ _ ___ ______________~~_~7~_!j!:!.~~_!!.!:.~_9.:~~__L!~.:~~~_(J_~~i__
-------------~~~~~~J!~~ij~-z-------
_ i _ .~_~. __ --------~:i.'L-Q-_1Z__~~_~~~~'F_1q
_ _ ;J~~ _...?:t:p-_______2.Z?5:.._(::~j~[~~~:~~?_IQ____________
--(b-kfi~~~=.-----------!3::.L~1:~:~~~~.;.~!t-fl:.:'i_.::-:;-7-1~~~------
-~[~}-__t~~~-----------------?i!~~l.S~--t~~~~,l--~i----__________
-~!~~~~~-----------~~~~~-~~~-L(!f-~~~~-~~~------------
-~~~L---~~~-------------:.?-~~~~--;2~-.,~S-t~~--~-4----.----.--.--
- '-q.~~ '':" ~1-E?:!:.ft_S___________~'i'_~:~L~__:r_J,.~_~____,=~.nr_~_______
I. , / /)' ~__~ '~>:$ ,
- ~ ~j - -- ---------]-,j~~-___~~~___~:~~____~Ji~~~~_~~~l~
-.~---~R~Cfi~-Slii1f. qd{)_tn.__~5I1{Ji:;<;;.~JOoc(
,~ rJ ~:.{'2 :5 c::. f'I ~ 1..",...>1'1. Q ,I <:1.1";.",.",,.....,o<-,d
':'_'c; -----~. :..!.~ ":''''-:_______v-:::. ""...x.::. -~-?l~-..II.;)...~.-~ __olI."':- .
""I ~1.r) (~,~ /' ,.1\ \. ^ '~d C:.[;, ~3 ')
--- - - - - ~!l::u. _ __ -~~~if~4_4ll_~-.J. ,.ll:k,L.l. _ ---.JJ.:.
,) .'f " 6 C5 ""5 t{,ut!ik;)J;t /?;J r<.~"
:.... -+h-I (' 0 ~ d0~ 7 ~- S'~--L~d-o/AY\ /el/ -
~ h fW,tt,Jc.1 .-..1' jJ
:b~______~D..IDa~"__SJill\i.v:1llJ_-----_____---m .
_~~______2?.J22.._~L____lf<!!_~1=L_$~~~1_!?f~)(
~__.d,.!l_k?-(L5.M~-:[.7:I.7d-I1'At~---~ l1~ooP
----------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
.
------------------------------------------------------------------------
------------------------------------------------------------------~-----
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
.
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
.
-------------------------------
Thank you for your support Bill
.
..
,
\
.
.
.
.
.
-D-R-A-F-T-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described in Exhibit A, attached hereto and made a part
hereof, in the R-1C, Single-Family Residential zoni~g district.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shore wood to include the property in the R-1C, Single-Family
Residential zoning district.
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspapers ofthe City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th
day of April 2005.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
..,.,
l,
,
.
.
.
.
.
LEGAL DESCRIPTION
"That part of Lot 1, EUREKA, and of Lot 99, Auditor's Subdivision No. 133, Hemlepin County,
Minnesota, described as:
Commencing at a point on the south line of said Lot 1, distance 68 feet westerly from the
southwest corner thereof; thence northerly parallel to the west line of said Lot 1, a distance of
491.70 feet to the point of beginning; thence continue northerly along said parallel line to a point
distance 619.00 feet north from the point of commencement; thence deflecting right 90 degrees
to west line of the east 18 feet of said Lot 1; thence northerly along said west line to north line of
said Lot 1; thence northwesterly along said north line to the most northerly corner of said Lot 1;
thence southwesterly along the northwesterly line of said Lot 1 to the east line of the west 12 feet
thereof; thence southerly along said east line to its intersection with a line drawn parallel with
and 25 feet southeasterly from the northwesterly line of said Lot 99; thence southwesterly along
said parallel line a distance of 95.25 feet; thence southeasterly to the point of beginning. "
Exhibit A
.
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
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
11 March 2005
RE:
Zoning Text Amendment - Eliminating C-2 District
FILE NO.:
. Zoning (Chapter 1201.21)
.
At the March regular meeting, the public hearing to consider eliminating the C-2 District
was continued, pending an amendment to rezone the one property that fall into that
classification. That amendment is scheduled for a hearing at the 5 April meeting. In the
mean time the Plamring Commission asked to see the actuallanguage for the C-2 District
elimination, particularly the effect this will have on the C-3 District.
.
Section 1201.21 will simply be deleted and replaced with "Reserved for Future Use".
Similarly, Section 1201.09 Subd. 1.b.(2) will replace "C-2, Auto-Oriented Commercial"
with "Reserved for Future Use".
The most significant portion of the amendment will be adding the uses from the C-2
DistricUnto the C-3 District. These changes are shown on Exhibit A, attached.
Additions are highlighted in italics and deletions are shown in red strikeouts.
Finally, the amendment will include a change on the Zoning Districts map, eliminating
the C-2 classification and changing the zoning of the one property currently zoned C-2 to
R-IC.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to Tuesday night.
.
Cc: Craig Dawson
Tim Keane
n
~~ PRINTED ON RECYCLED PAPER
-so
.
1201.22 C-3, GENERAL COMMERCIAL DISTRICT.
Subd. 1.
Purpose The C-3 District is intended to provide for the establishment of
commercial and service activities which draw from and serve customers
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 service or business
service establishments, including the following and other similar
uses:
(1) All permitted uses as allowed in a C-l or C 2 District;
. (2) Amusement places (such as dance halls or roller rinks) and
commercial recreation;
(3) Animal clinics (with no overnight care);
(4) Antique or gift shop;
. (5) Art and school supplies;
(5.1) Auto accessory store;
(6) Bakery goods and baking of goods for retail sales on the
premIses;
. (7) Bank, savings and loan, savings credit unions and other
financial institutions;
(8) Bicycle sales and repair;
(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;
1
(/)
Q,)
I-<
o
.....
(/)
U
......
..-.
Q,)
~
..-.
:E
0..
'"Cl
!a
~
......
o
U
,-...
~
......
'-'
.
(/)
Q,)
U
~
o
..-.
cd
~
o
......
(/)
(/)
~
o
I-<
0..
'"Cl
!a
......
cd
......
8
~
o
U
,-...
tn
......
'-'
~
l>)
~
......
I:::l
1::
I;)
....
"""
c::l
~
t
~
....
......
I:::l
'ti
10..
~
....
:::::
1::
I;)
U
--...
.......
or)
~
fir
Q,)
U
~
o
I-<
Q,)
~
0..
(/)
~
~
'"Cl
!a
Q,)
U
'E
Q,)
(/)
bO
~
......
~
'1::
0..
af
U
.~
(/)
:>.
0..
o
U
,-...
\0
......
'-'
5
(/)
(/)
Q,)
~
U
......
..-.
Q,)
Cl
,-...
t"--
......
'-'
(/)
Q,)
I-<
o
.....
(/)
~
o
U
(/)
~
'"Cl
!a
~
~
fr
Cl
,-...
00
......
'-'
Qf
I-<
o
.....
(/)
bO
e
Cl
of
I-<
t.8
B
Q,)
5)
..s:=
:>.
I-<
o
(/)
(/)
Q,)
U
~
~
..-.
0..
bO
~ bB
] .s
'0 'ca
.S fr
~ I-<
bO'"Cl
.~ !a
Q,) bO
..-. ~
U'{jj
c~
Cl~
,-...
'"
......
'-'
,-...
o
C'l
'-'
.
'"Cl
!a
o
I-<
o
.....
(/)
'"Cl
o
o
bO
:>.
I-<
Cl
I-<
......
cd
fr
I-<
tdt,B
~ ~
G)'I::
~.a
U U
.S ~
bO::i
.S !a
] s
U I-<
~ 0
...... bO
(/)~ ~
~ '.g
o U
1;) . I::
Q,)~
uc.;;.;;
!ao
;.=: ~
0.......
~]
Cd.o
'5 ..0
U S
Q,) Q,)
...... (/)
~ ~
,-...
......
C'l
'-'
,-...
C'l
C'l
'-'
00
Q,)
......
U
~
Q,)
~
~
~
o
-
I
,-...
('f"l
C'l
'-'
.
(/)
.2
cd
(/)
Q,)
~
.~
a
'"Cl
!a
~
o
..0
'"Cl
Q,)
(/)
..9
U
&S
,-...
~
C'l
'-'
g:
~
.....
(/)
'1::
o
-
~
,-...
tn
C'l
'-'
~
-
0..
5)
~
o
-
cd
bO
~
......
'"Cl
.E
g
......
.....
o
~
......
::i
..0
af
I-<
o
.....
(/)
'"Cl
o
t.8
5
N
o
I-<
~
,-...
\0
C'l
'-'
.
00
Q,)
I-<
o
.....
(/)
~
.~
~
,-...
t"--
C'l
'-'
(/)
Q,)
I-<
o
.....
(/)
:>.
..-.
0..
g.
(/)
5
]
d
,-...
00
C'l
'-'
00
Q,)
I-<
o
.....
(/)
o
-
Q,)
;>
g
I-<
o
q::
is
(/)
Q,)
Cd
(/)
bO
~
......
'"Cl
.E
U
~
......
.....
g
......
::i oo~
..0 Q,)
-
- ~ 0
~:E
o Q,)
1;) ;>
Q,)'"Cl
- Q,)
..g N
~ '1::
~B
Q,) 0
;> S
l5 Q,)~
.....-
]~
;>
~ 0
sa
g s
~~
,-...
'"
~
,-...
o
('f"l
'-'
(/)
bO
~
......
'"Cl
-
'S
..0
o
......
..-.
.~
U
......
-
.g
0..
'"Cl
!a
~
~
Q,)
;>
o
d
,-...
......
('f"l
'-'
...~
Q,)
~
E
Q,)
g.
(/)
~
I-<
Q,)
U
o
~
,-...
N
('f"l
'-'
(/)
Q,)
'1::
Q,)
..s:=
(/)
cd
'"Cl
I-<
Q,)
~
::r::
C'l
of
~
~
~
::r::
,-...
('f"l
('f"l
'-'
,-...
~
('f"l
'-'
.
. (35) Hobby store;
(36) Insurance sales;
(37) Jewelry stores;
(38) Leather goods and luggage stores;
(39) Locksmiths;
(40) Meat market, but not including processing for a locker
plant;
(41) Medical and dental offices and clinics;
. (41.1) Motels, rnotor hotels and hotels, provided that the lot
contains not less than 500 square feet of lot area per unit;
(41.2) Motor vehicle and recreational equipment sales and
structures; ~-
(42) Paint and wallpaper sales;
. (43) Plumbing, television, radio, electrical sales and the repair
as are an accessory use to the retail establishment permitted
within this District;
(43.1) Private clubs or lodges servingfood and beverages;
. (44) Public utility collection 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-in type;
(50) Toy stores;
(51) Travel bureaus, transportation ticket offices;
. (52) Variety stores;
3
.
.
.
.
.
Subd.3.
Subd. 4.
(53) Massage therapy services, licensed pursuant to Chapter 311
of this code.
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 capacity of no less than two vehicles.
c. Adult establishments, subject to the requirements of Chapter 309
and Chapter 509 of the City Code, as may be amended.
Permitted accessory uses. The following are permitted accessory uses in a
C-3 District: all permitted accessory uses allo':;ed in the C 2 District.
a.
All permitted acceSSOlJl uses allowed in the C-l District.
b. Semi-tnlck parking.
Conditional uses. The following are conditional uses allowed in a C-3
District: all conditional uses, subject to the same oonditions, as allowed in
the eland C 2 Distriots.(Requires a conditional use permit based on
procedures set forth in and regulated by 9 1201.04.)
a. All conditional uses, subject to the same conditions, as allowed in
the C-1 Districts.
b. Drive-in facility or convenience food establishments, provided
that:
(1)
The architectural appearance and functional plan of the
building and site shall be so dissimilar to the existing
buildings or area so as to cause impairment in property
values or constitute a blighting influence .within a
reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less
than five feet shall be landscaped and screened in
compliance with S'1201.03, Subd. 2g;
(3) Each light standard island and all islands in the parking lot
are landscaped or covered;
(4)
Parh.ing areas shall be screened from view of abutting
residential districts in compliance with ~ 1201.03, Subd.
2g;
4
~
...t::
.....
~
~
...t:: Cl
"-'~
.~ l:::l
'"l::l...t::
~ .!:o1J
~...t::
::s ~
'J...t::
~ 'J
~ t:::
""""""" ....-.
t3 .~
~ t'J
'" ... iU
~l:::l'"l::l
6' "S ~
;?: '" So
~ ~ Q
"- -- ~
-e <5 ;?:
'"l::l s:: ~
~ t'J "-
~~-e
'" " l....
~ ti Cl
:... '" .....
l:::l;::l,.8
~~bIJ
t:: s:: .s::
'""" '';:; J;!
l.... s:: l....
l:::l Cl l:::l
0... 'J ~
~
'-.:..
.
::::: ~
l:::l';S
~
'"
\0-
~
........ ~
root: ~ ~
bIJ Cl V)
:-:::~~
~ :... ....
~ Cl ;?:
..... ?--. ~
~ l:::l 'J
...t:: ;?: s::
.......... .S!
'"l::l &-
.&I~
- ....... ~
~...t:: C5
:... .!:.JJ 'J
.:e l.... s::
'J ....
Cl:.:::: ~
"'~~
'"l::l;::l-..
s:: ~~
l:::l~~
'"l::l~'"
~""''"l::l
C) E: s::
Cl Cl ~
...t::<l-~
'-"'J
~ ~ s::
~:t5~.~
-.. .... '"l::l f'l
~.~ .~
~:~:g
bIJ 9 ~ r~
s:: .... ....-.J
".::: .e3 .~ tV)"
...:: ~ ~ C
.!:o1J ~ ~ .......
-.. " \::l c::>
::::: C s:: f'l
~ '" l:::l.......
~
"--
.~
...t::
'J
.....
~
;?:
~ ~..
~ ~
..... ~
;1 s::
~).~
~ ~
@fki
.5 .c\
\::l ....
-eU
~
l:::l~
~~
\::l-..
:: ~
~ ~
~~
~ \::l
l.... ~
\::l"S
~ Cl
ON ~
~"N
~ ~
~~
~ ~
90'
--.::..
.
.....
'J
-.. ~
\::l~
"t: .....
:... ~ 1:;
Cl C5 .~
~=:...t::
.5 tj .~
~';S~
.... ..... ;t:
];?:'"l::l
~ '"l::l s::
.IS' ~ \::l
'J ~ .
'"l::l l:::l bIJ l....~
.~...1S \::l ~
... ~
9.. ;::l .::::; ;;;:
e ~ ~ .~
'J~-e~
Cl::......kl
~ ~ ~,o
\::l...t:: e d
~~'@~
~ .~ '"l::l ':S
~ ~~~
Cl l:::l ;;:: Cl
\:j~t:~
~ :... C ~
l:::l Cl 'J Cl
-.. :...
~ ~ ~ ~
'';:; S ~ ~
~ ti"5 ~
~ ;::l..... ~
~;..;...t::.....
1:--11:;;?:.8
0\-
"-.:-
. ~
-..
.......
~"ti
....~
C5 ;::l
'JV::!
. ~ rr;-
~c::>
/::.......
...c::>
/::f'l
8.......
""- <0:;
l:::l "'"
~~
.~ .~
:... ~
<:) 'J
t: ~
Cl .....
....-
t; ~
~ ~
:... C5
Cl 'J
~.~
....
~~
....
t:1::::::
o.o\::l
.5 ~
~~
'1:; .~
::::: ~
~~
C'
~
.
~
:...
~
or;;
s::
8
~
l:::l
.-...,
~
'"l::l
.......
"ti
~
J5
"';1:
c
.....,
c::>
f'l';";
....... ~
to,~
~ ,.a-.
~ Oi::
Ii::: Cl
Cl .....
.... 'J
.~~
6 .~
:... l:::l
~'"
~'"l::l
~ s::
E-.:; \::l
;::;
~
~
~
'"
'"l::l
s::
\::l
-..
l:::l
'J
.;;::
\::l
...t::
'J
~
E:
1
Cl
l....
...t::
.....
~
.-
....
..;.
~
~
...t::
l>J
\::l
~
l....
8
-..
~
'u
:...
~
E:
=:
c3
ti
.;..;
~
';S
'"l::l
~
.;:
~
~
~
'J
':::-
.-
:...
~
'"
~ ~
...s::: '-
..... .....
~.~ -E~
Cl k ~
... ~ !;l..
e ~ Cl
-..~l....
~..... ~
tj -2 .5
t: ;..., ~
.9 ~ s:: ~~
..... .... ~ 'J
'J ... =: s::
s:: .S :... ~
~ ~'6 ;::l
~.:e 9-?
"'" " f'Oo.. "_
\::l ~ .::::; bIJ
~ ~ ~ .~
~ ~ ~.....
... t:::I...t::
~ <5 'J .bIJ
~ t:: C)"':::
~ -.......~
~- '" \::l
~.2 \::l ~
-.."'~~
\::l ~ ..... .....
, .t:: ~ "-t::
~ '" \::l ~
'J ...... ....
~ ~ 6 ~
..... \::l '"
~ 0IJ~5
~ !'Io." :;;: CI::I
\::l.:e~ ~
~'::::':;:::~
~]]~
~
-.....:..
.
l....
~
~ ~
E:c';S
ElY)~
~ ~ '-'
~ /::~ t;
.~ ~
~ .~ ~
~=:~
Cl l:::l ~
=: bIJ ~
=: s:: .....
Cl .;:: Cl
'J ;::l .....
g '"l::l ti
Cl '"l::l .~
..... ~~.
.........t::~
~ ti '"
'J;?:~
E~:::::
"'~ \::l
;:: t: ~
Clt:::l-
'J 'J '"
c..,~~
......u ....
~ .::;: ~ ;~
'J~'"l::l ~
l:::l ;t: .9 ~_
&. '" l.... ,-
-, ~ ~ ....
bIJ~ ~ ~
Ii::: .... '" -
:.Q...t::~kl
'J ~ ~ ;:.,
t:::IC .::::;.1::'
~ & SU
N'
'-.:..
'"
~
.....
9
~
!=l.,.S
'S '"l::l
'" ~
\::l ~
~
....::...
'J 'J
.;:: '"
1:; '"l::l i..;.
.... s:: r::'
'"l::l l:::l 1
~'"l::l"ti
..... ~ ~
~ ~J5
~ 'J
.... {l lY)~
~ s:: C
l....~.......
l:::l -.. c::>
'"- ~ ('0.1
&~.....,
-..~
~~
.~ ~ ':S
..S! ~ "~
i:::! ~ ~
S~~
Cl ~ ....
~ ;:.. .st
~<<:;-
...t:: Ii::: ~
"-' t:::I =:
..... .... Cl
~~ 'J
tr\
~
'-.:..
.
.....
Cl
-
C{)
....
.....
~
e
~
~
...t::
.....
;::
......
{l
;::
~
.~
:::::
t::l
'"t::l
;::
t::l
~~"
~ ~
.~ 6
'"l::l '-l
~ 5
~~
-E ~
'" 8-
..... '-l
~-ti
"- ~
- ....
...t::~
'-l ~
~ 13
~
'-
.
;?:
~
.....
~
...
....
C5~
~'5
'"\j . ~
~
;:: ~
~ '-l
~ ;::
t3 .~
",-
~ 9..
~ ~
Cl
'-l
;::
....
:::::::
~
~
'"
~ ~
'-l '-l
c::s "t'""
~~
'" .~
o '"l::l
;::IJ_
:.Q .~
'-l .....
t::l ;:: ~
t;~f'l
l.... .~...,..;
~~..C5
" ..... ;:s
l.... bIJ V':)
Cl ;::
bIJ .~ r-.)
.........c
~.E-.;
l.... ~ C
t::l"!::-,f'l
O"Cl.......
~
'-.:..
-
Cl
~ ~
;::...t::
l.... Cl .....
Cl'-l~
~~-
..... :;,.. l:::i
'"l::l .- ~
_...t::Cl
.::; '-l .....
..5 ~ ~
~ ~ t:i
'S"';::c:).)
.~ ~
..6' t ~
~~::
...... /:: '-l
~~ .~
~ .';::: ~
'-l ~ ~
Cl '"l::l ."'...
;:: ~
~'-l...s::
...t:: t:i '-l
-;: ~~
~ ~ :;,..
~ ~ .-
..... ~ ~
Cl ~ bIJ
t::l I:::
r-.,:::::; t:: ..
~ t::l .... h
t::l ~ ~ ~
~ '" ~ ;::
.~ ~"t:i 'SO
~::;:;::
~ '';:; ~ kl
~~t:jc.
~~ :::!......
~ ~~\...)
\0-
'C.
.~
~
'-l
~
;?:
~ i...~
~ ~
9'"J ~
~';'"
~ ~
~kl
.5 Q
~ '....
.;:;\...)
'" ~
t::l...s::
~~
t::l_
...s:: t::l
:::: ~
t::l s:>
~ ....
'" ~
~ t::l
l.... ~
t::l';S
~ Cl
..... .....
~~
;:: '-l
~ ~
~~
~ ~
~
-.....:..
..... ....
...t::/::~
.bIJ,~ _
~~~
~ l.... .;;:
...t:: Cl ....
..... ?-. ~
~ t::l ~
~ ;?: ~
~ ,,&:'::::
,&.S<
- ..... ".
'-l...t:: C5
~.~ \..)
~ ~ t:
'-l .....
Cl ...... ~
"':t5~
'"l::l:::!-..
;:: ~~
l:::i~~
'"l::l...t::'"
~""'"l::l
'"l::l E: ....
g 0 13
...t::~~
-~ ~ ~
-..~~.~
- .... '"l::l f'l
~.~ .~
...t:: ;:.. ~ "l::S
"'_:...~
Cl "^ "
~;:: ~~
a::: t").:;: ..
~ .,.... :t:: t'VJ
...t:: ~ ;::l C
.!:o1J ~ ~ -.;
::::~~C
- Cl ;:: r-.j
~ '" ~.........
90'
~
.
~~
t:i "..
~ ..... ~
~ ;:: ~
:... ~ ;::
'-l ~ .....
-~~
~6kl
...t::
~~Q
'"l::l"'~d
~~~
.;:: ~ ~
J:::~~
:'::::...t::~
~ !:.JJ-
~... t::l
_ Cl ;:..
~ l.... Cl
~~~
'" ~ ~
~.';::: t::l
.S ;?: ~
c.....~
" '-l .....
........... Cl
~~~
~ ' ~
\..) Cl '-l
'-l '-l .~
l:::i~..C>
:... Cl ;:s
t::l :;: '"
~ ~ ~
~E~
....., ~ ~
~.~ ~
"'-~.~ ~
~ i$ ~
~
"-.:-
-.
;::.......
Cl
'''::;: "l::S
t::l~
.g ~
....
:::1r-.)
l::C
....
/::.......
ClC
'-l r-.j
~.......
;:s~
.~ ~
~ .;:::
;..., ;s:
Cl ~
~ ~
t:: ....
Cl .~
.~ ~
C5 ~
~ li;:
5 8
~.s
~ ~
;::~
t::l:::::
bJ.l,2
.S '"
;:: '"
.~ ~
~ .~
- ,....
~~
c
~
.
~~
.'"
(5
t::
'"l::l
~
t
'"l::l
.....
'"
;::
Cl
'-l
~
t::l
-.....
~
'"t::l
-...
....-:
'-'
~
J5
""""~
C
.......
C
r-.l ..... ~
....... ~
C-rJ") ~
~..Q
'" .;::
;:: .8
.~ '-l
.~~
6 .~
l.... t::l
~'"
~'"l::l
~ ~
~
'-l
~
~
l....
'"l::l
....
~
-
Cl
:...
.....
;::
Cl
'-l
Cl
.....
~
~
....
....
~
t::l
'"
;::
Cl
:c::j
~
Cl
l....
0..
;::;--
.........
-.....:..
~
~
'"l::l
;::
t::l
~
....
.8
'"
~
~
.....
.....
t:i
~
'"l::l
;::
l:::i
~
.....
.....
'"l::l
;::
t::l
:...
Cl
t::
.;::
/::
I
l....
.....
l:::i .....
&S!
l....~
Cl'"l::l
~~
\:j .~
:;:E" s:>
.9 ~
.....
-E ~
'" '-l
'" 'E
c3 ~
"ti
.
~ ~
" -~ ....
~~ ,..s::
~ ~ ~ <5
o.o~ ~ l....
.:::; t::~:::::: ~
t 8 ;:: t::l.5 '"l::l
I..:'" ~ ~ .~ ~
~~ ;:: t.) ..... '"
l.... "~ ~ ~ ~ Cl
Cl .....Cl .~ Cl ~ ~
~ ..... ;?: ....
~ - t:::;<..... Cl .....
- ~ '" ~ -.... ~
~';;~"':S
~~'"l::l~ l.......t::
;:: '-' ;:: ... t::l '-l
......~ t::l~ .....
~ .:::; ~ 5 ~ ~
~",l....""'~
9...... ~ Cl E: -t1
.e:l:-;::: ~ ~ ~ ;::
'"l::l 0 ~ l.....r::: ~
~l.........~~E:
...t:: Cl '" t:::;< ~
.....;::s ~ ~ ~ ....
~ ~...:: ~ ~ ::s
~ t::...... ~'"l::l t:::;<
';S~ ~t::l;::~
~~~"5t::ll....
_~~ ",10...
;?:~.s .~"'ti~
~~~r:Sao
",.8~?-.~Cl
t.) Cl :... ~ - .....
~~Cl~St::
'"l::l ~ ~ ~ "'.9
SCl~Cl~.1::
b.() ~ 9., ~ '"l::l
~ - ~ .... .... '"l::l
~ ~ ':S .~ &::; t::l
-.....
~
:..~
.;:;.
:...
~
~
l....
~
~
...t::
.....
~
~
'"
;:s
~ OIJ
~ .S
..... .....
~.~ ~
<:) ~ 'tl
;:: ~ ~
~~ ~
~..... ~
~.8~
s;: .5
.9 _~ ~
..... ..... t::
'-l ... ~
~ .5 t::
~ ~ ~
'"l::l..... '6
.... '"l::l 9..
- Cl ....
t::l '" .S
~ ~ ~
;:: ~ ~
i2 <5 t::l
t::l ;:: '-l
~_~Cl
~- -
~~ ~
.... ~ t::l
~ .~ ~
~ -
-::: '" e
'-J "'tj ~
~~ ~ ~
~ 0.0 ~
, ;::: ""'"'
13.:e~
~':':::'::::
~ ~ ~
~~~
\0
N'
-.....:..
.
~
::::
'-
~
......
.~
~
'V
J;:::
~
~
?
....
biJ
:;::: ~..
'- 0
~--
.~~
-- .....
..c"!::-,
t:::S 0
~ ~
;::s ~
.~ ~
r.., .~
5~
v~
~...c
o l::$
~ 5
..::: ~
~ ~
.
B]
- a
l::$ ~
~'i:: R<
l:: ~ ~
~ t::l ~
~E~
... .....
..5 l::$ 0
~'S::
~ .;;: 'V
..6'~~
,,~ ~
~ ~ ~
:: ~ r..,
~~.~
..!l(: ....
s;;;~
~ ~ .~
\j..c~
~~;::.
.....-
- \j ~
e ~ o.()
... r.., l::$
~ <>:l .:::;
;... ~_... ~
~ .~~
'O~~
~ - -
..... ~ l::$
.~ ;... .....
o ~
.~ ~ "l::$
..... ---
;:: ~ 0
~ ~ ~
~ t"::::
~ ~ 8
~
"-.:-
b
d
~
~
.....
~
--
\j
;:..
s:>
~
l::$
~
~
i...~
~
~
l:::
'[.0
~
~
d
~
...!:::
.....
~
B
'N ~.
'V~
~-
~s
~ r..,
r.., l::
'-
e: ~
~..c
::?:::::
f;ii ~
~-
biJr..,
~ ;...
.S ~
~ .;:::
'"B ~.()
~~
-
~
~
~
.....
~
;:..
~ 0
.~ ...t::)
~ ~
'"tj~
~ .~
~~
i:3 ~
~~
...c ~
~ 0--
\j .tj
~ r..,
r.., :::: ~~
::? ~ ~
~.'S ~
~ r.., ""
~ ~ &
~~~
~ ~ ~
~ ~ w~
~~~
r.., .....
.... ;:: ;...
~ 'V 0
~ "J ~
~;::~
~~~
:Q .~ ~.-
~ ~
t::l C e
0.; 'V ~
~
"-.:-
~
..c
--
-
~
~
r..,
'"l::$
o ;:: l:::
...... .~ t:j
'"':l
r.., ... Q
l::$ .... ""
;:..,,s ~
l:::S...........
~ l:: &
~ I .
t::l 'V ..... .....~
J;::: .l::$~~
..... '"S'.~ ~
~ l::$ ;"'..c
~ :.: 'V ...
~6;:::;~
;:::;~~tv)
S. ~ ~c
I:::::C~-';
0..... ~ c:::>
~.;:"1..... ~
l::$ ;:.. E:.......
~ ~ e~
..c biJ ~ ~
........ 0-- , ......,.
-... ~ ...... .~
~~o~
~ 0 ~
r.., ~ r.., ~
biJv;::~
s:: ~ ~ Cj
--:::: ~ .s.:.:::
~ 0..... '"'
biJr..,J;:::;::'
;:::;ts~6
~ ~ .... 'V
~ ,:::; ~
E..::j ~ ;... .S
o
J;:::
~
;:..
~
~
~
'C.
.
::::::
l::$
~
r..,
~
:::
]
.~
S.
:0:::
;::
~
~
~
::::::
~
.....
r..,
l::
....
~
..c
B
~
;...
'::l
r..,
~
I:::
;:s
~
-..
~
~~
';;~
~--
~-
~ ~
~ ~
~ ""'
~~
t:::'
'-
t')
""
~
--
.....
c
~
~.5
at: ~
ti ~
\:j ~
...:~
v t3
'f ~ .~
:..~ :::: ~
.'=l l::$ '"
-~~
.~ ~..c
=: ~~
~ v
.... -ti ....~
~::::c:::>
~ ~.......
-c:::>
'::l ~ ("..1
,-&..c-..
t.o'.l:::::~
~ l::$
'i::~~
.g ~ .~
l:: ~ ~
;:s ~ IV
C ~ l::
..c ;:.. .l::$
(U~...:::
~ ;:: e..
..... ~ ::::
~~8
90'
--.;:..
.
3:
~
'-
;:..
::::
c<.o:.
~~
-., .;:::
~ ~
l:: ~
~ 'V
~ ...
;... e
'V ....
r..,-
~ S.
..c 6
:::::: 'V
.~ l::
....... ....
r.., ~
~ 'V
;::j 'f
~r..,
r.., '_
OIJ~
;::~
~ .~
'V .....
~~~
;... .~~
8~~
~ biJ c;;;:;
c ;;:
bIJ ':8 .... ~
~ ~ c::::,.
.~ N .
~..c.......
~~c
l::$"!::-,~
0..0.......
0\-
"-.:.
..... ~
'V __
i:S. ~
~--, 6
0<.0:.;...
~ ~ ~
;:t ~ ~
E -~ ~
"..... ...::::-.~
- '"' .....
.::; ~ 0
E: c ::
l:::S v 'V
~:::::: .~
..... ~..c'
~ ~ ~
~ r.., r..,
v .....~ ~
::::::J.:..-C)
l::$~::::::
~ E: l::$
r..,~~
;:.. r..,
.t10......
.5 E ~
o 'V t::l
~ ~ biJ i.:
~~lr)~
~ ~ ~ ~
~ ~ ..C) .~
l:::S b1JJ5 ::::
:... g ~ kl
,s 10...... >-.
;:: ~ c:::> .';;
.~ ..... -.; \...)
~'Sc~
~.~ ~~
c
~
.
~
.....
.~
~ ~
..... 'V
..... J;:::
l::$ l::$
'V .....
.~ ].
e C5
E: 'V
o l::
'V ......
- ~
l::$...c
~--
.~ ~
;:...g
;... r..,
o~
~ ~
~~
.... ~
~ t'l
E: 'E1
~ .~ *..
~.~:::::
~~~
;::..c~
~::::::~
~.g tv)
'_ r.., C
S.o~""'"
.... 'V c:::>
r..,.::::,~
;:::li)""'"
~ ~ '-GJ
.........
.......
~
ii
r..,
'(5
l::
~
\,;j
..g;
~
~
~
""'
l::$
-
E
l::
o
'V
o
......
~
l::$
E:
~
10..
l::$
r..,
l::
o
't::j
.~
o
~
0..
~
-..
'-
~.
'<:t-
o
.....
......
'"
..c
J5
~ ~
ts ".r::
~~
':::-, ~
~ ~
t""J t::
....
~
10..
l:::S
~
.....
.~
~
'V
l::
~
;..:::
e.
I:::
o
'V
l::
o
......
~ .....
..... ~
.~ .~
<.c~ ti
.~ ~
~ .S
~;::
t::l a
o ;::
.....
OIJ~
l::: 'V
.~ ~
.::: ;:3
'::l 0
t:\...)
~ ~
~~
r.., .....
l:: ;::
a ~
-.:::: ....s:::
~ ~
s ~
v J;:::
-- ~
--~
~ 'V
t-
::::
......
~
...c
-..
--
'::l
~
r..,
~
~
B
r..,
~
~
.~
;:s
o
~
~
~
~
~
~
.
U~
~~
..c0l;)
~ ....
~,:::;
~~
::::~
l::l 0
Il.l =:
.e ;::..,
::t:>..c
~ !ii
....
...... .....
~.iS
~ 6
OJ) :::::::
Il.l ~
...t:: ;.;::
.....
.... C')
l::l l::l
~"\::l
~ ~
0:: Il.l
~C')
....- .is
~ ::::
;:: ~
l;:;<U
~ ~
l.. ;0;:
~ ~
=: l:::
" ~
~~
l::l~
.
~
cu
l..
~
at;
::::
o
"-l
~
~
~
~
"\::l
........
~
..c
~
t;
::::
c
......
....
~
0::
o
'"
~
<;::)
......
<;::)
<"'-1 .;..~
...... Il.l
<.o--;~
'O'>..c-
--
C') l..
0:: 0
_~ "t
.~~
6 .~
;.... l::l
~C')
cu~
~ ...
f-:j t:j
;;;-
~
~
l::l
~
....
l::!
CU
l.. Il.l
t::i~
0....
-'0'>
Il.l
~ rl
..... -
'O'>~
~~
~~
.... Il.l
~...s:
'S~
~ l::l
o ~
=: ~
~ l..
;:: 0
..... 0
'';::~
~ Il.l
o~
"-l ....
.... 0::
o t::i
t:::~
~
~
-s:
o
ls.
ti'
~
~
(-
o
C')
~
"-l
U
l::l
0::
~
~
l::l
~
l::l
6
....
C')
6
~
....
C
"\::l
0::
l::l
~
.g
Il.l
C')
;::
Il.l
~
f-:j
::::
(U
8'
--
"-
~
~
~-
l..
~
....
<:.l
;::
CU l..
6 ~
...-
~ l::j
o -s.
::: "-l
0::
......
ls.
~
::::
l::l
01;)
0::
'-
l..
o
..c
~
.~
CU
~
:>. .;..~
;:.. "-l
CU .;::
.~ ~
E .,.,;l
oQ
~~
'0::
1i '::l
:::: 0.0
~ .S
l.. .....
~ ~
..c
~ l::l
e~
"\::l l..
CU 0
U C')
:::: CU
~~
.~ ~
l::! .~
....
~ :;.::
t::S~
CU '-
~ ~
N'
'-..:-
.
~
~
~
o
I
.....
...s::
.~
l...
U
:.::::
..c
;::
l:l.,
Il.l
~
.....
E
o
~
;;:.
CU
'~
E
o
~
~
Il.l
...
~
~
U
C')
.~
~
~
...
o
2;
~
'-.:..
.;..~
C')
-G
-
l::
....
0::
o
"-l
o
.....
~
CU
"-l
~
l..
~
C')
l..
C
~
Il.l
C')
C')
~
S'.o
.~
t::i
~
t:j
~
~
o
~
~
<;::)
........
<;::)
("01
........
'-00-)
~
.....
.~
CU
"-l
::::
t::i
'-
-
S.
...
-
o
U
-
....
'-
"\::l
~
'-
;:..
l::
~
C')
--
01;)
::::
.~ ~
"-l I"~
~~
::::..c
l::l ....
~~
~
'-
~
'-.:..
..... l..
~ 0
~s.
(U ~
...<....'
';::;&
..... I
l::l .....
~~
~.~
~ l..
~ U
V '-
~~
~~
~~
~::
:::: l::
t::i 0 ~
""::l~~
~~~
" .'"' ~
o ~ '->
~.~ .~
;:.. ...
~.iS ~
...... ..... ::::
l::l 0 't"
...:: :::: <5
C') ...... ......
01;)...... ......,
.5]~
..... C') .~
~ Il.l 0::
.01;) "-l
~ ~ ~
...... ;:: 0
~~~
~
~
.
"\::l
CU
l..
'S
~
l..
C')
'::l
CU
"-l
l::l
~
~
....
..Q
l...
~
t:l..
t:l.. i...-
~. Il.l
.....
~~
l::l~
::: "-l
~ .~
-~
~ ~
.g~
......
~ 'E1
B 6
Il.l"%>
01;)'"
~ 8
...
o l..
~~
~
'-
~
Il.l
l..
~
'c:;
0::
o
"-l
Il.l
l..
l::l
--
~
"\::l
......
~
..c
r33
~
<;::)
"-
c:i
~.;.:
...... CU
...
c.o.,$:::
'0'>.0
C') '1:::
0:: 0
o .....
'_ "-l
,~~
6~
l.. l::l
~C')
cu~
~ ~
f-:j Ej
90'
'-.;:..
.
;....
o
......
l::!
.~
"-l
::::
.~
~
l::l
.~
-
l::l
.....
::::
Il.l
l..
""::l
::::
l::l
~~
l::! l::l
C')...s::
Il.l~ ~
.~ Il.l
r~
- ;:..
~ 0
l.. l..
o ~
.gti'
..... C')
~ ~
~ (-
o ~
;;: ~
CU "-l
&~
~
0::
~]
Il.l .....
t) ~
~ ~
;::; ~
s]
"-l
_ 0
~ ~
... l::l
~ Il.l
... l.. ~~
..... l::l C')
;::: :::: ~
cu~......
=: c '::l
~..... ,e-
',.. ~ "-l
5. ~ ::::
~ 0;:: 05:
~ -~ ~
......... CU
l::lC')~
~ .~ '0'>
~~l::!
C')...... ~
C')~ l::l l::l
~ .e., l..
'_ V 0
C .S 0
Il.ll..~
C') ~C')
Il.l Il.l C')
~':Sl::
.b ~ 01;)
;:s 0_ tU
O~~
--
~
'0'>
~ 0::
Il.l '-
.~ ti
......
E: h
S> .::3
<';::"Q
~~
:::: 01;)
~ .~
t ~~
C') ...
l....c~
ol::l..c
"\::l <5 r3!
CU C')-.J
~ Il.l ",,'
~~<;::)
~~o
l::l '';:: ("01
~ =: '"-1
l::l~~
~ .~ ~
b~~
C') l.. ~
~ 01;) CU
l::l.:::: U
~ i: s::
CU 0 t::i
~..c:'::::
'B~~
...... .~ ......
c5 ~ 8
N'
'-.:..
.....
~
.~
-..
cu
~
.....
....
~
~
.....
~
Il.l
.....
"-l
CU
l..
'.....
"\::l
o
~
'"S!
""
l::l
~
~
o
o
...::
cu
..c
"-
......
l::l
~
~
~
...
'-
....
...::
,~
"-
......
-
~
00
~
'-.:..
.
6 'OJ
S. ~
~ .S
~""-
<:) 9-
I ...
~ c
Co"
.~ ~
, .:::
.~ 'OJ
::C.J::l
;::;:::::::
~~
.~
~ t.)
...~
~ ~
~ ~
~~
~ ~ 0..
~~~
.~ 'r;; '"ti
~~.J::l
'OJ ... ;::l
.J::l ~V:l
C 't: cv)
;::: <:) C
:::::t.J::l-:
~~C
~ .~~
'OJ'''''''
~ l::: Cr_
~ --~
.-- ;s ~
~ c .;::
~~~
..
.
.;..-
t.)
~
.......
E:
.....
l:::
<:)
~
-2
~
~
~
~
~
1::;
;...
<:)
~
~
~
~
;...
Co
t.)
.....
;...
~
"":s
'OJ
;...
'S
l;:;<
~
;...
t.)
~
'OJ
~
~
~
~
...
.....
~
;...
'=l
s::::.. ;...
~~
~
~~
~ ~
:: .~
<:)~
~ ~
~
~
~
t.)
~
""-
c>5
~ .8
.g
~
t.)
;::;
'OJ
"s::
E-.:;
~
',-
;;:;
'-..:-
c-
o:::;
~
;...
<g,
;:::
c
~
"'t::
'OJ
;...
~
05
-
<:)
~
'OJ
:...
~
:::--
'--
~
.......
'"ti
.J::l
J5
~-
.......
C
<"l .;.. -
....... 'OJ
~E
'0->.0
....
t.) :...
l::: <:)
<:) ....
..... g
.~~
6 .~
:... ~
t:l,.t.)
~~
,,::: ;:::
~ ~
~
~
....
~
~
.... ;:::
.... <:)
!"o.. ON
~ ....
~ ~
.... ~
;... t.)
~ .~
....~
<:) .....
-C' .~
......~
~ .~
.~ ;;.
~ ...
~ ~
~ t.)
~ ;::l
.~ ~
. ~
( ;:::
~ .~
~ .-:::
Q~
-- ...
~ <:)
... ~
~ ~
..... <:)
.......- ~
.s ~
~1i
"":s~
'OJ .~
t.) ::::
~ ~
~ s::::.. ~
~ ~ ~
_, t.) ~
('~......
<:) "":s '->
t.)~~
~ ~ 'l:"
~ <:) ...
~:::::t ~
"'<:: ~ s::::..
~
.
.;...
'-J
.....
;...
....
.t.)
C5
.......
o
~
;:::
.....
~
t.)
;::l
"":s
~
....
....
.~
::::
~
s::::..
~
t.)
~
~
~
~
~
""-
~
.~
'OJ
t.)
;:$
~
~
~
Ej
c ~
-....~
~.:;
.... <:)
'o->~
'0 :...
0::::' ~
C :...
tv) <:)
l:::~
~.......
~ ~
~ ~
E 'OJ
'Oj~
:g~
.~~
l:::C
<:)"1
~ ...
C 6
~~
iU
~ ~ ~
.g g ;::l
~ -
;;J ~
'Oj~
t:.: ;:::
,~
~
~
~
'-..:-
......
~
.9-
"
l:::
'-
:...
s::::..
"I
,,;
"I::l
l:::.J::l
'b ~
, l:::()
~ tv)'
~~
<:).......
.......c
.....~
~.......
.t:; t.o-)
~'o->
~~
~ l:::
::: ~
~ E
Co~
..... .~
~ ~
:... l;:;<
~ ~
s::::..'Oj
t)~
~ ~~-
.c:;....~
tI') ....... ""-J
~: .~
<:) ~ ~
'OJ l::: s::::..
~.S .~
;:$.......'0
~ ~.....
~... ""
~ 8 e
M'
'-..:-
.
.......
;:::.......
<:)
.~ '"ti
g.J::l
.~ ~
;!~
Ec
is,,;
<:)c
~<"l
~-..
~t.o,
1::;
.~ ~
~ .~
lo.. ~
<:) ~
....... "
S ;:::
o .~
.......~
~ ~
~ l:::
:... C
~.~
~ 'OJ
;:::.J::l
~:::::t
Co~
.5 t.)
l::: ~
.~ ~
t.) .....
....... ;;:..
~~
-
:-:J-'
'-
~
~
~
'r;;
l:::
<:)
"
~
t::
-,
:;:::.
"":s
-..
'"ti
..c
~
'<:;f-'
C
.......
C
<"l .;.. .
-.. ~
-
~l:::
'&.0
~ .t:
~ -8
.~ ~
.~~
5 ,~
:... ~
s::::..t.)
'Oj~'
"s:: l:::
~ ~
;;:;
'-..:-
.
'0
C
-..
C
<"l
.......
~
.s
"":s
~
.....
~
.......
~
:...
~
....
l:::
~
..-
~
.......
~ ~
~ ~
'->~
..........
.....
l:::
;::
~
'OJ
::;
...
t::
.......
s::::..
......
~
't)
~
S
l:::
C
U
~
'OJ
:...
~
~
~
'-
~
~
~
~
.....
~
.....
~ t)3-' ~
'OJ t.) '-
E ;:$ ~
~1i ~
....... ....
'OJ..........
~ .;:: ~
'OJ f: l:::
~ ~ .9
.-::: ~.-:::
l:::t.)~
;:$ ~ l:::
~1i8
;:::t;"S:l
t::: .!'oo;o "
~...... ~
~1l.l ~
~ t.) t.)
.... ;:$ ;:$
.:::;~ A
...... ;::: :....
~..S! ~
;;:. ~ ~
~ ~ ~
....... '"' ~
~ 'S ~
~<:)~
1';.0') ....... ~ ...
;:s ~:t:: ~
'OJ .;:: <:)
"":s .... ... .....
l::: 'E :::: t)
L~ ..... 'OJ 'OJ
-......... s::::.. t.)
:.;
~
~
~
~
.;:J
-l::
....
'0->
:::--
',-
.....
l:::
~
E .
9..~
~ l:::
~ 'OJ
;::. 1::
~~
~......
-l:: ~
:~
~ \".,)
'- ...
~ .~
C'J ~ ~
~ ~
;.:::: ~ 9-
~l:::]
<:) ~ ~
~~.~
~~~
~S~
;::: -- <:)
9.. ~ "I
<:) ~ <"l
~.~ .
'OJ ;:$ .......
~ l;:;<C
~~<"l
"" lo.. .......
~t.)~
'OJ ~ <:)
~~....
~~~
:... l::: ~
s::::.. 'OJ ;::l
~ ~ ~
~ 0.0 ~
E-.:; ~ s::::..
N'
'-
0'\
.
.
-D-R-A-F-T-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE TO
ELIMINATE THE C-2, AUTO-ORIENTED COMMERCIAL ZONING DISTRICT
Section 1. Section 1201.09 Subd. 1.b.(2) of the Shorewood City Code is hereby
amended to read as follows:
"(2) Reserved for Future Use."
Section 2. Section 1201.21 is hereby deleted in its entirety and replaced with:
.
"1201.21 RESERVED FOR FUTURE USE."
Section 3. Section 1201.22 Subd. 2. of the Shorewood City Code is hereby
amended to read as follows:
"Subd. 2.
Permitted uses. The following are permitted uses in a C-3 District:
.
a.
Trade and services. Retail stores, personal service or business
service establishments, including the following and other similar
uses:
(1) All permitted uses as allowed in a C-1 District;
(2) Amusement places (such as dance halls or roller rinks) and
. commercial recreation;
(3) Animal clinics (with no overnight care);
(4) Antique or gift shop;
(5) Art and school supplies;
(6) Auto accessory store;
(7) Bakery goods and baking of goods for retail sales on the
premIses;
(8) Bank, savings and loan, savings credit unions and other
. financial institutions;
(9) Bicycle sales and repair;
. (10) Books, office supplies or stationery stores;
(11) Bowling alleys;
(12) Camera and photographic supplies;
(13) Candy, ice cream, popcorn, nuts, frozen desserts and soft
drinks;
(14) Carpet, rugs and tile;
(15) Coin and philatelic stores;
(16) Commercial and professional offices;
. (17) Commercial recreational uses:
(18) Copy service, printing service and newspaper offices;
(19) Delicatessen;
. (20) Department and discount stores;
(21) Drugstore;
(22) Dry cleaning, including plant accessory heretofore,
pressing and repairing;
. (23) Dry good store;
(24) Electrical appliance stores, including incidental repair and
assembly but not fabricating or manufacturing;
(25) Employment agencies;
(26) Enclosed boat and marine sales;
(27) Florist shop;
(28) Frozen food store, but not including a locker plant;
(29) Furniture stores;
. (30) Garden supply stores;
-2-
oo
Q)
Cd
oo
bO
~
......
""d
~
.......
(,)
~
......
<n"
Q)
"'"'
o
.....
oo
.....
o
~
~ Cn~
,.0 Q)
.......
Qf .~
~~
ti >
Q)""d
....... Q)
..g N
.;::l'1::
~.8
Q) 0
> S
~ Q)~
]~
>
~O
~ S
g S
CJ~
E
Q)
>
o
~
"'"'
o
~
......
C)
,-..,
.......
M
'-"
,-..,
C"l
M
'-"
.
. ~
oo
bO
~
......
""d
.......
......
~
,.0
~
......
.......
':g
(,)
......
:g
0..
""d
~
~
~
Q)
>
o
C)
,-..,
M
M
'-"
......~
Q)
~
cd
S
Q)
g-
oo
~
"'"'
Q)
(,)
o
CJ
,-..,
-.:t
M
'-"
oo
Q)
'1::
Q)
..t::
oo
cd
]
~
::c:
,-..,
Irl
M
'-"
df
~
]
::c:
,-..,
\0
M
'-"
Cu~
"'"'
o
.....
oo
>>
,.0
,.0
o
::c:
,-..,
t-
M
'-"
Cn~
Q)
Cd
oo
Q)
~
!;j
oo
..s
,-..,
00
M
'-"
.
oo
Q)
"'"'
o
.....
oo
c
.......
Q)
~
.....
,-..,
0\
M
'-"
<n"
Q)
"'"'
o
.....
oo
Q)
bO
cd
bO
bO
~
.......
""d
~
oo
""d
o
o
bO
~
.;3
cd
Q)
.....:l
,-..,
o
-.:t
'-"
~
~
(,)
o
.......
cd
"'"'
c2
bO
~
......
oo
oo
Q)
(,)
e
0..
bO
~
~
.......
(,)
~
......
.....
o
~
~
,.0
Cn~
.;3
......
s
oo
~
o
.....:l
....:'
Q)
~
S
~.+-r
Q) ~
:Eo.
,-..,
.......
-.:t
'-"
,-..,
C"l
-.:t
'-"
.
oo
(,)
"S
......
.......
(,)
""d
~
.+-r
'S
..... :;J
.Sl ~
o 0..
.;3 cd
Q)
~ ~
.;3.....
""d.Sl
0<-
""d 0
';> ~
e~
0..Q)
oo~ a
0) :;J
-0 0'"
~ oo
""dO
~~
~ ~
2.;3
o oo
..t:: oo
"'"' Q)
0.......
..... .....
o 0
S :::::
oo
00'" ~
Q) -ca
..... .....
o :::::
:E 8
oo
Q)
(,)
~
(.j...j
o
.......
cd
~
""d
]
Cd
(,)
......
""d
Q)
:E
,-..,
M
-.:t
'-"
,..-.
-.:t
-.:t
'-"
.
""d
~
oo
Q)
.......
cd
00
"El
([)
S
0..
......
~
0'"
o
Cd
~
o
......
.....
cd
Q)
"'"'
(,)
o
"'"'
""d
~
Q)
.......
(,)
~
>
"'"'
o
.....
o
:E
,-..,
Irl
-.:t
'-"
<n"
Q)
B
(,)
;::
.....
00
<n"
Q)
.......
cd
oo
~
~
..e-
Cd
~
]
1::
'Cd
~
""d
",",2
.~.~
"'"' Q)
Q) 0..
.;3~
'"d Q)
~]
oo 00
0:'==
Cd~
00.....
Cd &'5
0.......
'.8 'Cd
(,)~
~ "'"'
Q) Q)
~..t::
0.....
...... 0
~.....
"'"' Q)
~ oo
~ ~
o >..+-r
...... 1-0- (,)
.~ 0'.8
> ~ oo
~ Q)......
B8~
on cd ......
.S ~.;3
~Q)~
3~:S
p:: ~.~
,-..,
\0
~
,-..,
t-
-.:t
'-"
00
Q)
OJ}
cd
"'"'
o
>
Q)
,.0
'"d
~
'"d
o
c2
OIl
~
.~
Q)
oo
00
Q)
OJ)
""d
.Sl
"'"'
o
00
.g
.......
o
([)
~
>
'1::
Q...
,..-.
00
-.:t
'-"
Cn~
Q)
(,)
~
(.j...j
o
~
o
......
.....
(,)
Q)
.......
.......
o
(,)
>>
.....
......
.......
':g
(,)
......
.......
.g
~
oo
Q)
Cd
00
Q)
~
.....
00
Q)
I
M
I
.......
cd
Q)
~
,-..,
0\
-.:t
'-"
,-..,
o
Irl
'-"
.
. (51) Record - music shops;
(52) Restaurants not including drive-in facilities, cafes, on and
off-sale liquor;
(53) Shoe stores and shoe repair;
(54) Tailor shops;
(55) Theatres, not ofthe outdoor drive-in type;
(56) Toy stores;
(57) Travel bureaus, transportation ticket offices;
. (58) Variety stores;
(59) Massage therapy services, licensed pursuant to Chapter 311
of this code.
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 capacity of no less than two vehicles.
.
c. Adult establishments, subject to the requirements of Chapter 309
and Chapter 509 of the City Code, as may be amended."
.
Section 4. Section 1201.22 Subd. 3. of the Shorewood City Code is hereby
amended to read as follows:
"Subd. 3.
Permitted accessory uses. The following are permitted accessory uses in a
C-3 District:
a. All permitted accessory uses allowed in the C-l District.
b. Semi-truck parking."
Section 5. Section 1201.22 Subd. 4. of the Shorewood City Code is hereby
amended to read as follows:
"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 9 1201.04.)
.
-4-
.
a.
All conditional uses, subject to the same conditions, as allowed in the C-l
Districts.
b. Drive-in facility or convenience food establishments, provided that:
(1) The architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or area
so as to cause impairment in property values or constitute a
blighting influence within a reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with 9
1201.03, Subd. 2g;
(3)
Each light standard island and all islands in the parking lot are
landscaped or covered;
.
(4) Parking areas shall be screened from view of abutting residential
districts in compliance with S 1201.03, Subd. 2g;
(5)
Parking areas and driveways shall be curbed with continuous curbs
not less than six inches high above the parking lot or dIiveway
grade;
.
(6) Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movements, shall comply with 9
1201.03, Subd. 5 and shall be subject to the approval of the City
Engineer;
.
(7)
All lighting shall be hooded and so directed that the light source is
not visible from the public right-of-way or from an. abutting
residence and shall be in compliance with 9 1201.03, Subd. 2i;
(8) The entire area shall have a drainage system which is subject to the
approval of the City Engineer;
(9) The entire area other than occupied by buildings or struct1lres or
planting shall be surfaced with a material which will control dust
and drainage and which is subject to the approval of the City
Engineer;
(10) All signing and infOlmation or visual communication devices shall
be in compliance with S 1201.03, Subd. 11;
.
(11) The provisions of S 1201.04, Subd. Id(l) are considered and
satisfactorily met;
-5-
.
.
.
.
.
c.
Commercial car washes (drive through, mechanical and self-service),
provided that:
(1) The architectural appearance and functional plan ofthe building
and site shall not be so dissimilar to the existing buildings or areas
as to cause impairment in property values or constitute a blighting
influence;
(2) Stacking space is constructed to accommodate that number of
vehicles which can be washed duIing a maximum 30 minute peIiod
and shall be subject to the approval ofthe City Engineer;
(3)
At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with S
1201.03, Subd. 2g;
(4) Each light standard island and all islands in the parking lot are
landscaped or covered;
(5)
Parking or car stacking space shall be screened from view of
abutting residential districts in compliance with g 1201.03, Subd.
2g;
(6) The entire area other than occupied by the building or plantings
shall be surfaced with material which will control dust and
drainage which is subject to the approval of the City Engineer;
(7)
The entire area shall have a drainage system which is subject to the
approval of the City Engineer;
(8)
All lighting shall be hooded and so directed that the light source is
not visible from the public light-of-way or ii-om an abutting
residence and shall be in compliance with S 1201.03, Subd. 2i;
(9) Vehicular access points shall be limited, shall create a minimlilll of
conflict with through traffic movement and shall be subject to the
approval of the City Engineer;
(10) AU signing and infonnational or visual communication devices
shall be in compliance with S 1201.03, Subd. 11;
(11) Provisions are made to control and reduce noise;
(12) The provisions of S 1201.04, Subd. Id(l) are considered and
satisfactorily met;
-6-
.
.
.
.
.
d.
Gas station, auto repair - minor and tire and battery stores and service,
provided that:
(1) Regardless of whether the dispensing, sale or offering for sale of
motor fuels and/or oil is incidental to the conduct of the use or
business, the standards and requirements imposed by this chapter
for motor fuel stations shall apply. These standards and
requirements are, however, in addition to other requirements which
are imposed for other uses of the property;
(2) The architectural appearance and functional plan ofthe building
and site shall not be so dissimilar to the existing buildings or area
as to cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot;
(3)
The entire site other than that taken up by a building, structure or
plantings shall be surfaced with a material to control dust and
drainage which is subject to the approval of the City Engineer;
(4) A drainage system subject to the approval of the City Engineer
shall be installed;
(5)
Parking areas and driveways shall be curbed with continuous curbs
not less than six inches high above the parking lot or driveway
grade;
(6)
The lighting shall be accomplished in a way as to have no direct
source of light visible from adjacent land in residential use or from
the public right- of-way and shall be in compliance with 9 1201..03,
Subd. 2i;
(7) Wherever fuel pumps are to be installed, pump islands shall be
installed;
(8) At the boundaries of a residential district, a strip of not less than
five feet shall be landscaped and screened in compliance with *
1201.03, Subd. 2g;
(9) Parking or car stacking space shall be screened from view of
abutting residential districts in compliance with S 1201.03, Subd.
2g;
(10) Vehicular access points shall create a minimlml conflict with
through traffic movement, shall comply with 9 1201.03, Subd. 5g
and shall be subject to the approval ofthe City Engineer;
-7-
.
(11) All signing and informational or visual communication devices
shall be minimized and shall be in compliance with 9 1201.03,
Subd. 11;
(12) Provisions are made to control and reduce noise;
(13) Any outside storage shall be in compliance with Subd. 4d;
(14) All conditions pertaining to a specific site are subject to change
when the Council, upon investigation in relation to a fonnal
request, finds that the general welfare and public bettennent can be
served as well or better by modifying the conditions;
.
(15) The provisions of S 1201.04, Subd. Id(l) are considered and
satisfactorily met;
e. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area and no
more than the floor area of the first story of the principal structure;
.
(2)
The area is fenced and screened from view of neighboring
residential uses or if abutting an R District;
(3) Storage is screened from view from the public right-of-way;
(4) Storage area is grassed or surfaced to control dust;
.
Landscaping is provided in compliance with S 1201.03, Subd. 2g;
(5)
(6)
All lighting shall be hooded and so directed that the light source
shall not be visible from the public right-of-way or from
neighboring residences;
(7) Storage area does not take up parking space as required for
conformity to this chapter;
(8) The provisions of S 1201.04, Subd. Id(1) are considered and
satisfactorily met;
f. Open or outdoor service, sale and rental as a principal or accessory use,
provided that:
.
-8-
.
(1)
Outside services, sales and equipment rental connected with the
principal use is limited to an area no larger than the gross floor
area of the principal use;
(2) Outside sales areas are fenced or screened from view of
neighboring residential uses or abutting R District in compliance
with 9 1201.03, Subd. 2g;
(3) All lighting shall be hooded and so directed that the light source
shall not be visible fi'om the public right-of-way or fi'om
neighboring residences and shall be in compliance with 9 1201.03,
Subd. 2i;
(4) Sales area is grassed or surfaced to control dust;
.
(5)
The use does not take up parking space as required for conformity
to this chapter;
(6) The provisions of 9 1201.04, Subd. Id(1) are considered and
satisfactorily met;
.
Accessory, enclosed retail, rental or service activity other than that
allowed as a permitted use or conditional use within this section, provided
that:
0-
z::,'
(1) The use is allowed as a pennitted use in a C-l District;
(2)
.
(3)
The use does not constitute more than 30% ofthe lot area and no
more than 50% of the gross floor area of the principal use;
Adequate off-street parking and off-street loading in compliance
with the requirements of ~ 1201.03, Subds. 5 and 6 is provided;
(4) All signing and infonnational or visual communication devices
shall be in compliance with S 1201.03, Suhd. 11;
(5) The provisions of 9 1201.04, Subd. Id(l) are considered and
satisfactorily met;
h. Commercial planned unit development as regulated by S 1201.06 of this
chapter, provided that:
.
(1)
Land uses allowed in a plmmed unit development are limited to
those land uses listed as permitted uses, permitted accessory uses
and conditional uses in this section;
-9-
.
.
.
.
.
(2)
The proposed development complies with the development
agreement as required for planned unit developments, pursuant to g
1201.25 of this chapter."
Section 6. The Zoning Administrator is hereby authorized to revise the Zoning
Map ofthe City of Shorewood to eliminate any reference to the C-2, Auto-Oriented
Commercial District.
Section 6. This Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of December 2004.
WOODY LOVE, MAYOR
ATTEST:
CRAIG DAWSON, CITY ADMINISTRATOR/CLERK
-10-
.
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. BY TITLE AND SUMMARY
WHEREAS, on 25 April 2005, the City Council ofthe City of Shorewood
adopted Ordinance No. _' entitled "An Ordinance Amending the Shorewood Zoning
Code to Eliminate the C-2, Auto-Oriented Commercial Zoning District"; and
WHEREAS, the City staff has prepared a summary of Ordinance No. _' as
follows:
The Ordinance eliminates in its entirety Section 1201.22 of the Shorewood Zoning Code
which provides for an Auto-Oriented Commercial zoning district. All permitted uses,
accessory uses and conditional uses previously included in the C-2 district are now
incorporated into the C-3, General Commercial zoning district. The official Zoning Map
for the City of Shorewood will be amended to eliminate the C-2 zoning classification.
A COpy OF THE ENTIRE TEXT OF THE ORDINANCE IS AVAILABLE IN
THE OFFICE OF THE CITY ADMINISTRATOR/CLERK.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No.
_ clearly informs the public of intent and effect of the ordinance.
2.
The City Clerk is directed to publish this resolution, in lieu of publication
of the entire text of Ordinance No. _, pursuant to Minnesota
Statutes, Section 412.191, subdivision 4.
3. The City Administrator is directed to make available a copy of the entire text
of Ordinance No. _ for public inspection.
ADOPTED by the Shorewood City Council on this 13th day of September, 2004.
WOODY LOVE, MAYOR
ATTEST:
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.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
.
Date:
To:
From:
Re:
.
Cc:
Craig Dawson, City Administrator
April 25, 2005
Honorable Mayor and City Council Members t:'
Bonnie Burton, Finance DirectorlTreasurer V
Proposed 2005 G.O. Water Revenue Bond Issue
At a work-session meeting held on January 24, 2005, the City Council indicated support
for water system improvements and the issuance of water revenue bonds to finance same.
Accordingly, attached for Council review and approval is a funding analysis and a
Financial Advisory Service Agreement prepared by Paul Donna, of Northland Securities.
A simple motion is all that is needed to authorize Northland Securities to move forward
with the preparation of the 2005 G.O. Water Revenue Bonds. When the issue is
prepared and the bonds are priced, the City Council would then consider a resolution
awarding the bond sale and approving final interest rates and terms. Should the bond
issue not occur, the City would not incur any expenses to Northland Securities.
.
Mr. Donna will be present at Monday's meeting to describe the proposed financing and
answer any questions the Council may have.
Recommended Council Action
Staff recommends that the City Council authorize Northland Securities to move forward
with preparation of a 2005 G.O. Water Revenue Bond issue as proposed.
.
#.
t.~ PRINTED ON RECYCLED PAPER
1tqA
NORTHLAND_SECURITIES
45 South 1h Street
Suite 2500
Minneapolis, MN 55402
(800) 851-2920
(612) 851-5900
Fax (612) 851-5918
E X T ERN A L
MEMORANDUM
DATE: April 19, 2005
TO: Mr. Craig Dawson, Administrator
Ms. Bonnie Burton, Finance Director
City of Shorewood
FROM: Paul Donna, Senior VP
Northland Securities
RE: Municipal Water System Project Financing
Craig and Bonnie -
Attached please find a 15-year and 20-year general obligation water revenue bond structure to finance the
water system improvements. Based on a memo dated January 20, 2005 from Mr. Larry Brown, each
scenario assumes the City requires $1,471,500 for project costs. To that cost we have added the
estimated financing costs. Page 1 of each analysis illustrates the estimated sources and uses for the
financing. Page 2 of each analysis illustrates the estimated debt service schedule using current interest
rate levels. The average interest rate is estimated at 3.93% on the 15-year scenario and 4.17% on the 20-
year scenario. With the exception of the first year, the annualized payments are estimated to be $136,000
and $111,000 respectively. The first year's payment has been structured to be within the City's pay 2005
budget of $109,000. Page 4 of each analysis illustrates all of the debt service the water system is
responsible for including the City's 1995A Bonds, 1996A Bonds, 2003 Refunding Bonds and this issue.
Each scenario has been structured to achieve level annualized debt service payments. We prepared a
"wraparound" scenario whereby this issue is structured to wraparound the existing debt payments of the
system for the purpose of leveling the total annual debt service payments. We reviewed this scenario
with Ms. Burton and agreed it was not effective because of the added interest cost due to the large
amount of principal being delayed.
We would recommend the City consider the 20-year scenario given the very low cost of borrowing and
added flexibility it allows the City.
I hope this information is helpful. Please call me if you have any questions.
~ i.f) tJ'lV-.J'.....
.
.
.
.
.
.
.
.
.
.
$1,520,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (I5-Year Scenario)
Table of Contents
Report
Sources & Uses
Debt Service Schedule
2
Net Debt Service Schedule
3
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
Northland Securities
Public Finance
Preliminary
$1,520,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (I5-Year Scenario)
Sources & Uses
Dated 06/01/2005 I Delivered 06/01/2005
SOURCES OF FUNDS
Par Amount of Bonds
TOTAL SOURCES
USES OF FUNDS
Total Underwriter's Discount (1.200%)
Costs of Issuance
Deposit to Project Construction Fund
Rounding Amount
TOTAL USES
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/1912005 I 10:34 AM
Northland Securities
Public Finance
.
$1,520,000.00
$1,520,000.00
18,240.00
27,300.00
1,471,500.00
2,960.00
$1,520,000.00
.
.
.
.
Page 1
Preliminary
.
$1,520,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 200SA I (IS-Year Scenario)
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
06/01/2005
01/01/2006 75,000.00 2.600% 32,596.67 107,596.67 107,596.67
07/01/2006 26,965.00 26,965.00
01/01/2007 85,000.00 2.800% 26,965.00 111,965.00 138,930.00
07/01/2007 25,775.00 25,775.00
01/01/2008 85,000.00 3.000% 25,775.00 110,775.00 136,550.00
07/01/2008 24,500.00 24,500.00
01/01/2009 85,000.00 3.150% 24,500.00 109,500.00 134,000.00
07/01/2009 23,161.25 23,161.25
01/01/2010 90,000.00 3.300% 23,161.25 113,161.25 136,322.50
07/01/2010 21,676.25 21,676.25
01/01/2011 95,000.00 3.450% 21,676.25 116,676.25 138,352.50
. 07/01/2011 20,037.50 20,037.50
01/01/2012 95,000.00 3.600% 20,037.50 115,037.50 135,075.00
07/01/2012 18,327.50 18,327.50
01/01/2013 100,000.00 3.700% 18,327.50 118,327.50 136,655.00
07/01/2013 16,477,50 16,477.50
01/01/2014 105,000.00 3.800% 16,477.50 121,477.50 137,955.00
07/01/2014 14,482.50 14,482.50
01/01/2015 105,000.00 3.900% 14,482.50 119,482.50 133,965.00
07/01/2015 12,435.00 12,435.00
01/01/2016 110,000.00 4.000% 12,435.00 122,435.00 134,870.00
. 07/01/2016 10,235.00 10,235.00
01/01/2017 115,000.00 4.100% 10,235.00 125,235.00 135,470.00
07/01/2017 7,877.50 7,877.50
01/01/2018 120,000.00 4.150% 7,877.50 127,877.50 135,755.00
07/01/2018 5,387.50 5,387.50
01/01/2019 125,000.00 4.200% 5,387.50 130,387.50 135,775.00
07/01/2019 2,762.50 2,762.50
01/01/2020 130,000.00 4.250% 2,762.50 132,762.50 135,525.00
Total $1,520,000.00 $492,796.67 $2,012,796.67
Yield Statistics
. Dated 6/01/2005
Delivery Date 6/01/2005
First Coupon Date 1/01/2006
First available call date 1/01/2014
Call Price 100.0000000%
Bond Year Dollars $12,536.67
Average Life 8.248 Years
Average Coupon 3.9308429%
Net Interest Cost (NIC) 4.0763361 %
True Interest Cost (TIC) 4.0876267%
Bond Yield for Arbitrage Purposes 3.9087711 %
All Inclusive Cost (AIC) 4.3613162%
IRS Form 8038
Net Interest Cost 3.9308429%
Weighted Average Maturity 8.248 Years
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
. Northland Securities
Public Finance Page 2
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
.
Northland Securities
Public Finance
Page 3
.
.
.
.
.
$1,525,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (20-Year Scenario)
Table of Contents
Report
Sources & Uses
Debt Service Schedule
2
Net Debt Service Schedule
4
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/1912005 I 10:34 AM
Northland Securities
Public Finance
Preliminary
$1,525,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (20-Year Scenario)
Sources & Uses
Dated 06/01/2005 I Delivered 06/01/2005
SOURCES OF FUNDS
Par Amount of Bonds
TOTAL SOURCES
USES OF FUNDS
Total Underwriter's Discount (1.500%)
Costs of Issuance
Deposit to Project Construction Fund
Rounding Amount
TOTAL USES
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
Northland Securities
Public Finance
.
$1,525,000.00
$1,525,000,00
22,875.00
27,300.00
1,471,500.00
3,325.00
$1,525,000,00
.
.
.
.
Page 1
Preliminary
$1,525,000.00
City of Shorewood, Minnesota .
General Obligation Water Revenue Bonds, Series 2005A I (20- Year Scenario)
.
Debt Service Schedule
Part 1 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
06/01/2005
01/01/2006 70,000.00 2.600% 34,686.46 104,686.46 104,686.46
07/01/2006 28,821,25 28,821.25
01/01/2007 55,000.00 2.800% 28,821.25 83,821.25 112,642.50
07/01/2007 28,051.25 28,051.25
01/01/2008 55,000.00 3.000% 28,051.25 83,051.25 111,102.50
07/01/2008 27,226.25 27,226.25
01/01/2009 60,000.00 3,150% 27,226.25 87,226.25 114,452.50
07/01/2009 26,281.25 26,281.25
01/01/2010 60,000.00 3.300% 26,281.25 86,281.25 112,562.50
07/01/2010 25,291.25 25,291.25
. 01/01/2011 60,000.00 3.450% 25,291.25 85,291.25 110,582.50
07/01/2011 24,256.25 24,256.25
01/01/2012 65,000.00 3.600% 24,256.25 89,256.25 113,512.50
07/01/2012 23,086.25 23,086.25
01/01/2013 65,000.00 3.700% 23,086.25 88,086.25 111,172.50
07/01/2013 21,883.75 21,883.75
01/01/2014 70,000.00 3.800% 21,883.75 91,883.75 113,767.50
07/01/2014 20,553.75 20,553.75
01/01/2015 70,000.00 3.900% 20,553.75 90,553.75 111,107.50
07/01/2015 19,188.75 19,188.75
. 01/01/2016 75,000.00 4.000% 19,188.75 94,188.75 113,377.50
07/01/2016 17,688.75 17,688.75
01/01/2017 75,000.00 4.100% 17,688.75 92,688.75 110,377.50
07/01/2017 16,151.25 16,151.25
01/01/2018 80,000.00 4.150% 16,151.25 96,151.25 112,302.50
07/01/2018 14,491.25 14,491,25
01/01/2019 85,000.00 4.200% 14,491.25 99,491.25 113,982.50
07/01/2019 12,706.25 12,706.25
01/01/2020 85,000.00 4.250% 12,706.25 97,706.25 110,412.50
07/01/2020 10,900.00 10,900.00
. 01/01/2021 90,000.00 4.300% 10,900.00 100,900.00 111,800.00
07/01/2021 8,965.00 8,965.00
01/01/2022 95,000.00 4.350% 8,965,00 103,965.00 112,930.00
07/01/2022 6,898.75 6,898.75
01/01/2023 100,000.00 4.400% 6,898.75 106,898.75 113,797.50
07/01/2023 4,698.75 4,698.75
01/01/2024 105,000.00 4.450% 4,698.75 109,698.75 114,397.50
07/01/2024 2,362.50 2,362.50
01/01/2025 105,000.00 4.500% 2,362.50 107,362.50 109,725.00
Total $1,525,000.00 $713,691,46 $2,238,691,46
.
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
Northland Securities
Public Finance
Page 2
Preliminary
$1,525,000.00
City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (20-Year Scenario)
Debt Service Schedule
Yield Statistics
Dated
Delivery Date
First Coupon Date
First available call date
Call Price
Bond Year Dollars
Average Life
Average Coupon
Net Interest Cost (NIC)
True Interest Cost (TIC)
Bond Yield for Arbitrage Purposes
All Inclusive Cost (AIC)
IRS Form 8038
Net Interest Cost
Weighted Average Maturity
2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10:34 AM
Northland Securities
Public Finance
.
Part 2 of 2
6/01/2005
6/01/2005
1/01/2006
1/01/2014
100.0000000%
$17,094.58
11.210 Years
4.1749567%
4.3087711 %
4.3233117%
4.1450162%
4.5414672%
.
4.1749567%
11.210 Years
.
.
.
Page 3
Preliminary
$1,525,000.00
. City of Shorewood, Minnesota
General Obligation Water Revenue Bonds, Series 2005A I (20-Year Scenario)
Net Debt Service Schedule
Fiscal
Date Principal Coupon Interest Total P+I Existing DIS Net New DIS Total
06/01/2005
01/01/2006 70,000.00 2.600% 34,686.46 104,686.46 244,275.00 348,961.46 348,961.46
07101/2006 28,821.25 28,821.25 28,821.25
01/01/2007 55,000.00 2.800% 28,821.25 83,821.25 234,130.00 317,951.25 346,772.50
07101/2007 28,051.25 28,051.25 28,051.25
01/01/2008 55,000.00 3.000% 28,051.25 83,051.25 223,625.00 306,676.25 334,727.50
07/01/2008 27,226.25 27,226.25 27,226.25
01/01/2009 60,000.00 3.150% 27,226.25 87,226.25 212,730.00 299,956.25 327,182.50
07/01/2009 26,281.25 26,281.25 26,281.25
01/01/2010 60,000.00 3.300% 26,281.25 86,281.25 206,630.00 292,911.25 319,192.50
07101/2010 25,291.25 25,291.25 25,291.25
. 01/01/2011 60,000.00 3.450% 25,291.25 85,291.25 189,905.00 275,196.25 300,487.50
07/01/2011 24,256.25 24,256.25 24,256.25
01/01/2012 65,000.00 3.600% 24,256.25 89,256.25 63,240.00 152,496.25 176,752.50
07101/2012 23,086.25 23,086.25 23,086.25
01/01/2013 65,000.00 3.700% 23,086.25 88,086.25 88,086.25 111,172.50
07/01/2013 21,883.75 21,883.75 21,883.75
01/01/2014 70,000.00 3.800% 21,883.75 91,883.75 91,883.75 113,767.50
07/01/2014 20,553.75 20,553.75 20,553.75
01/01/2015 70,000.00 3.900% 20,553.75 90,553.75 90,553.75 111,107.50
07/01/2015 19,188.75 19,188.75 19,188.75
. 01/01/2016 75,000.00 4.000% 19,188.75 94,188.75 94,188.75 113,377.50
07/01/2016 17,688.75 17,688.75 17,688.75
01/01/2017 75,000.00 4.100% 17,688.75 92,688.75 92,688.75 110,377.50
07/01/2017 16,151.25 16,151.25 16,151.25
01/01/2018 80,000.00 4.150% 16,151.25 96,151.25 96,151.25 112,302.50
07101/2018 14,491.25 14,491.25 14,491.25
01/01/2019 85,000.00 4.200% 14,491.25 99,491.25 99,491.25 113,982.50
07/01/2019 12,706.25 12,706.25 12,706.25
01/01/2020 85,000.00 4.250% 12,706.25 97,706.25 97,706.25 110,412.50
07/01/2020 10,900.00 10,900.00 10,900.00
. 01/01/2021 90,000.00 4.300% 10,900.00 100,900.00 100,900.00 111,800.00
07101/2021 8,965.00 8,965.00 8,965.00
01/01/2022 95,000.00 4.350% 8,965.00 103,965.00 103,965.00 112,930.00
07/01/2022 6,898.75 6,898.75 6,898.75
01/01/2023 100,000.00 4.400% 6,898.75 106,898.75 106,898.75 113,797.50
07/01/2023 4,698.75 4,698.75 4,698.75
01/01/2024 105,000.00 4.450% 4,698.75 109,698.75 109,698.75 114,397.50
07/01/2024 2,362.50 2,362.50 2,362.50
01/01/2025 105,000.00 4.500% 2,362.50 107,362.50 107,362.50 109,725.00
Total $1,525,000.00 . $713,691.46 $2,238,691.46 $1,374,535.00 $3,613,226.46
. 2004 Water Revenue Bonds I SINGLE PURPOSE I 4/19/2005 I 10;34 AM
Northland Securities
Public Finance
Page 4
FINANCIAL ADVISORY SERVICE AGREEMENT
.
BY AND BETWEEN
THE CITY OF SHOREWOOD, MINNESOTA
AND
NORTHLAND SECURITIES, INC.
This Agreement made and entered into by and between the City of Shorewood, Minnesota (hereinafter
"City") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI").
WITNESSETH
.
WHEREAS, the City desires to use the services of NSI related to the issuance of City bonds as described
herein ("Debt"), and
WHEREAS, NSI desires to furnish services to the City as hereinafter described,
NOW, THEREFORE, it is agreed by and between the parties as follows:
SERVICES TO BE PROVIDED BY NSI
.
Debt Issuance:
Serve as the City's Financial Advisor for the issuance of the Debt. NSI shall provide all services
necessary to analyze, structure, offer for sale and close the transaction. Examples of the services
include the following:
F.A. Agreement
Planning and Development
.
*
*
*
Meet with City officials and others as directed to define the scope and the objectives
Assemble and analyze relevant statistical information.
Prepare a preliminary feasibility study or discuss with City officials possible funding options
and the fiscal implications of each.
Prepare details on the recommended options - information on the issue structure, method of
issuance, term, sale timing, call provisions, etc.
Prepare a schedule of events related to the issuance process.
Attend meetings of the City Council and other project and bond issue related meetings as
needed and as requested.
*
*
*
Bond Sales
*
Prepare, cause to be printed, and distribute the Official Statement and Bid Form to prospective
bidders.
Cause to be published the Official Notice of Sale if required by law.
Recommend whether the issue should secure a bond rating. If the issue is to be rated, prepare
and furnish to the rating agencies the information they require to evaluate the issue and provide
their rating. Serve as the City's representative to the rating agencies.
Directly contact underwriters most likely to serve as syndicate managers to assure that bidding
interest is established.
.
*
*
*
Page I
.
*
*
*
*
*
Assist the City in recelVlng the bids, compute the accuracy of the bids received, and
recommend to the City the most favorable bid for award.
Coordinate with bond counsel the preparation of required contracts and resolutions.
Post Sale Support
Coordinate the bond issue closing including making all arrangements for bond printing,
registration, and delivery.
Furnish to the City a complete transcript of the transaction.
Assist, as requested by the City, with the investment of bond issue proceeds.
Investment Assistance:
Should the City desire to invest the proceeds from the Debt issuance or any other funds of the City
through NSI in its capacity as a broker, NSI shall, at all times, transact such investments as
principal.
.
COMPENSA nON
For the proposed sale by the City in 2005 of its approximate $1,525,000 General Obligation Water
Revenue Bonds, Series 2005A (the "Bonds"), NSl's fee shall be $13,200. The fee due to NSI shall
be payable by the City upon the closing of the Bonds.
NSI agrees to pay the following expenses from its fee:
.
*
*
*
The cost of distributing the Official Statements, if any.
Out-of-pocket expenses sllch as travel, long distance phone, and copy costs.
Production and distribution of material to rating agencies and/or bond insurance
companies.
Preparation of the bond transcript.
*
The City agrees to pay for all other expenses related to the processing of the bond issue(s)
including, but not limited to, the following:
.
*
*
*
*
*
*
*
Engineering and/or architectural fees.
Publication oflegal notices.
Bond counsel and local attomey fees.
Fees for various debt certificates.
The cost of printing Official Statements, if any.
City staff expenses.
Airfare and lodging expenses of one NSI official and City officials when and if
traveling to New York City for rating agency presentations.
Rating agency fees, ifany.
Bond insurance fees, if any.
Accounting and other related fees.
*
*
*
It is expressly understood that there is no obligation on the part of the City under the terms of this
Agreement to issue the Bonds. If the Bonds are not issued, NSI agrees to pay its own expenses
and receive no fee for any services it has rendered.
.
F.A. Agreement
Page 2
AUTHORIZA nON TO BID
.
As a broker dealer, NSI is subject to the rules of the Municipal Securities Rulemaking Board (hereinafter
"Board"). Pursuant to Rule G-23 of the Board, the City consents and does authorize NSI or any entity or
company affiliated with NSI to submit a competitive bid for the purchase of the Bonds. NSI agrees that any
bid so submitted shall be faxed directly to the City for receipt at least fifteen (15) minutes prior to the
deadline otherwise established for the receipt of such a bid.
SUCCESSORS OR ASSIGNS
The tenns and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI
and their successors or assigns.
TERM OF THIS AGREEMENT
This Agreement may be terminated by thirty (30) days written notice by either the City or NSI and it shall
tem1inate sixty (60) days following the closing date related to the issuance of the Bonds.
.
Dated this 25th day of April, 2005
Northland Securities, Inc.
By:
Richard G. Asleson, Senior Vice President
.
City of Shorewood, Minnesota
By:
Mayor
And:
Administrator
.
.
F.A. Agreement
Page 3
.
.
.
.
.
.
CITY OF SHOREWOO WORK SESSION MEETING MINUTES
January 24, 2005
Page 2 of3
to take action in this matter. He also went on to explain should such an animal exist, a threshold of
public safety must be crossed. Injury to a person or livestock would be reason to take further action.
While he explained several scenarios for tracking such an animal, he noted there would a great expense
as well as issues of trespass if the animal were to be tracked with dogs. He also explained that, at this
point in time, the DNR had no reason to believe the animal sighted was a cougar as there was no
evidence to substantiate the description given by the resident. He suggested any additional sightings be
handled by calling 911 so that a report could be generated of the activity, and then the DNR could be
alerted as needed.
Chief Litsey explained information regarding the sighting as well as information regarding cougars in
general had been placed on the SLMPD website with a link to the DNR web site.
Mayor Love questioned what action residents should ta~ if encountering a wild animal such as a cougar.
Mr. Leuth stated the action for dealing with a cougar would be the same as those to be taken in dealing
with any large wild animal, such as a bear. He stated it was important to first attempt to back away
slowly without turning and running as this could initiate a chase reaction by the animal. Then a person
should attempt to appear larger than normal, and to yell, or make any other noise so that the airimal knew
a person was near it. He noted wild animals, even cougars, were typically shy and given the chance to
escape would be much more willing to leave the situation than become aggressive.
In response to Mayor Love's question regarding reports of a cougar attacking a human, Mr. Leuth stated
there had been no attacks on a human in Minnesota or surrounding states; however, there had been an
attack several years ago on a human in California in a remote area. He also stated it was important to
remember that the chances of a person being hit while traveling to the grocery store in the local area were
greater than ever being attacked by a large animal in this area. He stated many times cases received a
great deal of attention because of the uniqueness of a situation.
Administrator Dawson stated there had been no additional reported sightings within the past six weeks.
After a brief discussion by Council, consensus indicated information would be made available to
residents via the City's newsletter, The Shore Report. as well as safety issues and tips about dealing with
wild animals would be posted on the City's website.
On behalf of the Council, Mayor Love thanked Mr. Leuth and Chief Litsey for being present at this
meeting to discuss this issue.
3. ANNUAL APPOINTMENTS
Administrator Dawson explained each year Council made annual appointments to various liaison
positions for Commissions and Boards within the City, as well as other represented city positions such as
weed inspector. Council held a brief discussion regarding the positions and noted this matter would be
placed on the Regular City Council Agenda for this evening for approval.
4. WATER SYSTEM IMPROVEMENTS - BOND ISSUE
Engineer Brown provided historical information and made a visual presentation of several needed
improvements to the City's water system. He provided a brief description and potential cost for each
improvement and noted the 2005 Capital Improvement Plan (CIP) included a substantial project list. He
noted there were several facilities requiring substantial improvements, including reconstruction of the
T
~
{
1
'{
:>
d
n
o
'e
a
:0
~h
IS
m
as
be
ed
ch
tie
he
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
January 24, 2005
Page 3 of3
, Badger Well House, replacement of the well controls for the Amesbury well, interconnection of the
W oodhaven well, implementation of a radio read meter system, Amesbury well house building repair and
polyphosphate system, and inspection, cleaning, and painting of the interior and exterior of the Southeast
Area Water Tower. Total project costs contemplated were estimated to be $1,471,500.
..
.
After various questions of clarification by the Council, Finance Director Burton introduced Paul Donna of
Northland Securities, noting Mr. Donna had been asked to review the process for Council of municipal
bonding as it related to the financing of these improvements.
Mr. Donna presented two scenarios for municipal bonding, noting modifications could be made should city
revenues change over time.
In response to Councilmember Turgeon's question, Finance Director Burton stated the City had been
contemplating these improvements for several years as well . as the necessary bond issue for such
improvements, thus, based on budgeted numbers for 2005, the potential for bonding had been included in
those rates. She also stated, as with any service, rates should be subject to review on an annual basis.
.
Engineer Brown also stated there were a number of capital expenditures with regard to the water system
that had not been included in this bond issue despite necessary implementation in the next few years.
Council indicated support for the projects and bonding issues as outlined by Engineer Brown and Mr.
Donna this evening. Further detailed information on these matters would be made available at a Regular
City Council meeting in the future.
.
There were no other items presented this evening.
6. ADJOURN
Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of January 24,
2005, at 6:55 P.M. Motion passed 4/0. .
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
ATTEST:
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
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator /\1\
April 21, 2005 (d)
Consulting Services for City Hall Improvements
.
At its March 28 work session, Council agreed that concepts for improvements to City Hall should be
developed further, especially in light of having additional property and changes that should be made
to the space program. As BKV Group performed the City Hall evaluation completed early last year,
there would be efficiencies in time and being able to build upon its work.
.
BKV Group has submitted a proposal to evaluate concepts in greater depth over the next two to three
months. Its work program would identify and assess up to seven options - using the four concepts
developed last year as starting points, and three new/hybrid concepts. Its estimate of cost for these
services is $10,000. Staffhas reviewed the proposal and believes it is appropriate.
RECOMMENDATION:
. Staff recommends that the Council authorize the services of BKV Group to develop further
refinement of options for City Hall improvements.
Funds for the services are available in the Council contingency.
.
--If qlJ
n
~J PRINTED ON RECYCLED PAPER
.
Proposal for Services
City of Shorewood
City Hall Needs Assessment I Feasibility Study Expanded Option Develoment
BKV
GROUP
.
Staff I Time
Task
BKV Group
Partner
BKV Group
Architect
BKV Group
Interior
Designer
Cost
Estimator
Kick-Off Meeting
Program Review Meetings
Space Program and Space Standard Modifications
Review and Finalization
Program Documentation
I
4
o
2
o
o
o
o
o
o
o
4
4
2
4
o
o
o
o
o
.
Current Site Assessment 2 6 0 0
Preliminary Planning Option Development (up to 7) 8 30 0 0
Preliminary Cost Assessment I 0 0 4
Planning Option Refinement 4 20 0 0 .
Option Review Meetings 8 0 0 0
Option Finalization and Final Report 8 0 0 0
Presentation to City Council (as directed) 4 0 0 0
.
.
, ~
.
If)
o
o
N
\J
l\1_
~'~
L\J..o~
6002Z
VlEou
~ t:: 3 CL
Oro .c l!! t: -0
.- 0 :J 0
.!?:.O E Vi 0 0
~ \J<( ""'0 U 3
U If)l!!
..: .e-.e-~ ~
LUUlf)Vl
.C
Cl.
<(
\J
Q)
\J
C
l\1
Cl.
X
UJ
:>:.
\J
:J
t)
g
:0
.~
Q)
LL
l<i
I
P
o
\J
o
o
3
l!!
o
..c
Vl
.....
o
>-
.t'
U
I
l<i
Vl
o
Cl.
e
a...
Vl
Q)
U
.~
Q)
Vl
l<i
C
o
.Vi
Vl
J!! Vl
e ~
~.~
~Jl
c
o
~
o
S'o{361!
o >- Q) .-p +-'
:'== .t' Z ~ ~
EU :JQ)
..oQ)(Y1~E
aii860
.8 LN U+:.
p.Q 1! 1! .~
.- >- +-' +-' t
S-g..... ~2
15 t) o.c t::
Cl.>-c~ C
Cl..t'.g l\1 8
o])~ :>:.>
Q).- Cl. t >
iimE~~
LLLOOL
.Q__U,,-o
:J Q)Cl.c
o t: ..c l<i 0
>- Q) +-' C.Vi
-E ~ ~.g ::a
l\1 Vl.-.- Cl.
..cQ)3:gx
+-'~..QroQ)
.8<(S\J1!
Q)Vl .l!!+-'
.;,L \J ......- C
.- Q) ro :J.-
- Q)..c-O"Q)
:Qz+-'~:g
5Q)-g~L
3iit!..c.Q
-LL\JQ)
E.Q~ 8~
a! Vl C 3 Vl
+-' ~ :J OJ ~
Cl..- Q) "- U
:J(:>Oro
e~>Vi€
l:>\J ""'Q)
OJ == 0 Cl.
~\Jrope
co ::a I 0 Cl.vi
1! ~.e- Q) '0 13
+-' Q) U ii >- Q)
'- 1... _~. c
oO\J+>=Q)
~4='oID1il~
~l<iOE'iijCl.
Q) ~ 3 Vl > Vl
..0 Cl. l!! ~ l\1.Vl
cooVl\JP
o a.Vi 4: ::a 0
..:
L
L
ro
Q)
o
'0 0 11j t: - ~ ..cQ)
+-' ..c Q)
~.~ +-' U ~ -:::
.- Vl \J Q) 0 0
U 2:- C L Ci. 4='
Q)~~1!Q)x~
..cro~+-, ..0
:::;c~11j.8~
~.Q C ii \J ~
+-' b.. :J C ro
\JoQ)t~~
c >roVlO
ro -g > E 13 ..;::;
~ l\1 .- Q) Cl.
Q) >-Q)co
\J ~ _t'..c Q) C
cQ)u+-'uo
:J E Q) ~ ~.B
~~ii~Vl2
~ 0 ~.~ t::
.0 ~ +-' o.t' 6
C ~+-,Uu...,
5t::~Q)1!3o
U8=..o+-'Q)+-'
~\JLCID
>-+>l\1-s.Q\JE
iJIDVlOVlCVl
E6-ti6~~
Q) 0....-:; Q).';::; C ~
ii 0 0.. U :J.Q l\1
V o.~ 0 ~ C
-g>CQ)Vlrol\1
ro OJ 0 Vl- Cl.Q)
\J..;::; >-.!!1 x \J
~c.2\Jt:Q)2
~.Q ~ .P ~ c ~
:J b.. Vl O.Q.-
OO~\JCl......;:
>- l\1Q)Q)~3
..c l<i ft -g ii 0 +-'
.t'C l\1 CL
3.Q Q) Cl. C l!!.2
+-,..cxo .....
Vl '0 +-' Q) Q) '0 Q)
6 ~ 'iij.!!! ~ Q) E
.gj Vl ~ ii..c ~I-
:J l!!\J..... ~~-d
.~.S lu ~ E Q) 0
\J 0" 11j l\1 ..c 0
Ll!!l!!&,6~3
5 \J 00 ">-.:-2.r;; l!!
o C L-.!!! ~ 0
6 0.- E 5- -0 Vi
3 l!!.- U L .....
-ol!! 0 a.ro.l!lO
Q)o- -oro>-
~..c~Q)cl!!.t'
co Vl Q) ii -!!1 ooU
.
\J
C
l\1
t:
Q)
E
Vl
Vl
Q)
Vl
4:
Vl
-0
Q)
Q)
Z
-0
Q)
-0
C
ro
0..
X
Q)
Q)
..c
+-'
L
.Q
Vl
Q)
U
.~
Q)
Vl
U
-~
VI co
QJ 00
u C
.~ .~
QJ..Q
V'lS
.M 1!
CIS+-'
co~
I ~
QJ Cl. >..
a.e\J
o Cl.:J
U Cl. t)
V'l:Jp
~ e=
s::l:>:O
g~.~
>coaf
.
] 6 ~ b~ p
~ Vl ~ 13 ~ Q) 6 ~ 00 ~-o
.2: ~.~ ~ Q) C ~ .t] .~ Cl...c
M ::a~ ..oVl -o_a! o~13E C c~
E ..c -0 ..;::; l!! ~.l!:l -!!1 .;::: >
o U C ~ p :~ 0..0 l<i Cl. .Q 3 Qj
] ~ ~ ] ~ [!~ }5 ~ ~.~ ~ -E
~ ~ U t).~ -0 0 3 {3 :E_~ >- \J C l\1
'U 0 e Q) C +-' Vl Q) Q) C .- \J
&, +-'Cl. ~ E -!!1VlcL ~ .;,Lro oc
~ ~ 0.. ~ 00 C 0 ..0 Cl. \J Vl +-'.IS
-ll! t:: 0 Vl:SOL .~ .g .~}- Q) ::a 6 t Vl
-0 3 \J 3 0.. 0 : ..c 0.. ..;::; 0 Q)
= ]'. ::a a... ,gO l<i .:::.: :&0 g.~
~ \Jl!! E ~ .Q~~..g ~ luoo 0:::&.
.8 ::a ~ ~ Cl. el -c .Q ~ U ~ .!: 15 S .~
~ Cl. 2 eo ~ -~ ::a b.. 8. a! ~ ~ Cl. .u =
Vi E t:: a... i..: .~ 0:: 0 VI L >- -!!1 l!! E ro
~ ~]i Q) ~ t C6~ ~ .o~ l<i ~=t
~ c ~ ID ~ ~ ~ .~ .~ ~ .I!l ii t::- ~ e 0
C .Q ~ E &:s -5 ~ +-' ~ E .~ ~ ~ a... -0
ro 11j p t l<iL L <u Vl +-' Vl > ...0 Q) Q)
.9- :-0__ .0 l\10.. <( \J c:. C Vl .;;; Co Q)VI q E ~ \J
:J..... ::a Cl. 0 C Q) ._ IX Q) Cl. C
~ ~ :€ ~ t vi 0 .. C' U 0 t:: b...8 Vl ~ Vl ~
Q) __ 3 C Q) Q) C tQ) .~ G 3Q) .~ 0 0 Q) l\1 - X
-g C Vl .Vl- :E ~ -Q E 1:.:: C C 0 U Cl. al -0 ~ UJ
IDOC Ul\111j ~Q) t oo:Jcc:J.....
_.- 0 Q) "'..c N Cl.:J > -0 t: Q) C 0.. VI l\1 t 0
>- 11j._ OOc <( U = 0 00 Q) S Q) ~ .c 0 ro Vl Q) +-'
+-' s:: Vl ...... >- l\1 - <;::: Vl .u E . e C Q) l1= C t' C
.0 t: ~ ~ VOL!: Q)> C 0 c' 0.. ro -;:: -ffi 0:C Q)
..c<;:::VlU\JCQ)><;:::~Q)o+-,o~ O::Q) ~UE
t' C - 0 0.- -0 ro 0 U Cl..- Q) C \J Cl. 4:
co' .3 UO .3 13 E .-p ~ ::a t:: ~:J ~ ~ ro C L >-0 ~
.- 00 .9l 11j C rl > >- l5 .Vi '0 ~ <( .!: ~ 1! ~ 00 13 ~
1ii.!: E ~ _9- Q) 'E ~ <i) ~ ".;:; t: +-' X {3 .!; .f t \J .!: 11j <(
:2 ~ ~ ~ .'=' j; \J .~ .5 \J Cl. Q) C a: Q) ~ = <2 ::a ~ "R Q)
Iii Q) eool; t: Q) $ Q).3 cO C E C Q) Cl. l!! -0 Cl.-!!1 ::> -~
> E : l\1 \J L- Vl l..L. l\1 \J a Cl..Q Z fl Cl. Vl Cl. ::a E a... Vl
El1=a... OJ 011j-Cl.0 3 ~Q)
~ ~ ~ <ti .ri u -g ~ ~ 1).~ ~ ~ .~ .~ ~ ~ J:! -d oj
00 U ~ III Vl Q) C.C 0 Q) b.. Q) Q) ro ~
e2Vl ~<(Ol!!ouOoo:::o:::~~
a... UJ
I~~ I~~ M ~~ ~
<( co
t t
ro ro
a... a...
.
.
f. Planning Options
g. Option advantage/disadvantage assessment
h. Option Project Cost Estimates
7. Presentation of Expanded Study Options and assessment to City Council.
.
Schedule
BKY Group anticipates completing the Basic Services included in this proposal within 60 to 90
working days of receiving authorization to proceed (an executed proposal by the City).
Compensation
BKY Group's compensation goals are to establish fees that fairly compensate us for the required
services to achieve our client's project goals while assuring that both our client and firm feel
they are treated fairly - value received for dollar spent. To meet this goal. we strive to establish
a well-defined project understanding and scope of services to be provided so that an
appropriate fee structure can be determined. BKY Group proposes a lump sum fee, plus
reimbursable expenses, for each of the above work scope components based on those selected
by the City of Shorewood. The lump sum fee for each is based on the anticipated work scope
as outlined in the attached task spreadsheet as follows:
. Part A - Lump Sum of $2.000
. Part B - Lump Sum of $8.000
.
Reimbursable expenses shall be billed at a multiple of one point one (1.1) times the amount
incurred by BKY Group. Reimbursable expenses shall include, but are not limited to: printing,
travel fees/expenses, and phone charges.
Compensation shall be billed monthly based on the work performed, and paid within 30 days of
receiving invoice for services. Invoices not paid within 60 days of invoice shall be charged a late
fee equal to I % over current prime per annum.
.
On behalf of BKY Group, we appreciate this opportunity to continue to be of service on this
project and look forward to successfully working with the City of Shorewood. Please review
this proposal and sign both copies and return One to our office signifying authorization to
proceed. If accepted, BKY Group will enter into this work immediately. If you have any
questions at all, please feel free to contact meat 612-373-9131.
Sincerely,
BKY Group
.
Ted E. Redmond, AlA
Partner
Date
Authorized Signature
City of Shorewood
Date
Cc: David Kroos, BKY Group
Bill Baxley, BKY Group
Lois Bullock, BKY Group
.
..
.
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
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
.
DATE:
April 21, 2005
RE:
Concession Operation Agreement Update
On March 28, 2005, the City Council authorized Staff to negotiate the best alternative possible
for concession operations. .
.
Staff is pleased to report it has secured an Agreement with a new contractor, Mr. Russ Withum,
to provide concession services at Eddy Station in Freeman Park. The contractor began to set up
operations as of April 18. 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 contractor will pay the City $1200 plus $100 for each tournament. Payment will be due to
the City by August 19,2005. A copy of the Agreement is attached.
.
1F II A ;A.
,.
t.J PRINTED ON RECYCLED PAPER
Independent Contractor
Concession Operation Agreement
By and Between City of Shorewood and Contractor
TIllS AGREEMENT, made this day _ of
, 2005,
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 opening, 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
c
.
.
.
.
.
..
.
.
.
.
.
b.) Contractor agrees to be responsible for the cleaning and maintenance of the
conceSSlOn area.
3.) Contractor Payment. The Contractor agrees to pay the City $1,200 plus $100 for
every tournament. Payment due to the City August 19,2005.
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:
t(
.
.
.
.
.
CITY OF SHOREWOOD
CITY COUNCIL MEETING
April 25, 2005
PUBLIC SIGN-IN SHEET
For the record, please orint your name and address below. Thank you.
Name Address
I
: ::t C(( rz:-' <>J i'\ ( C{<A f (,yo L{".,J 0 .
1./'~-'/;(;~ldli4H:~7\lj:x~~,z~
2. MW s H 0'1 -1- 5'iSk'> S 1\'\llj"f vW'oJ
~ ' L- 1_ \L \ l t ~ 1. t'r-
3.
-2- S~- S~ "') ,\,"
S,,,,,,,, (T L,
l(.,vt / r ./
ftrJ
4.
P /1L/ L-
'1
C' (~ ~/J"
Lt'. (? ,oJ 1-:: ~,~ b-tt-s. \~6 CI
C e r'\ r-e."
-, " --I , I ()j CJ f/Vl/1 L (..
:J 1//5 mvJ ViVZ;{S' ry 1\ rf I
s. fa.J \ ltd\l avccy /rM".,;fQ4-
IV
6. J () \ "
JO " !
Ii' /1 I\,
/
1. 6/160
",-eLl) sl--,
7.
8.
9.
10.