052703 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCn. REGULAR MEETING
TUESDAY, MAY 27,2003
5755 COUNTRY CLUB ROAD
COUNCn. CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love _
Garfunkcl
Lizee
Zerby _
Turgeon _
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, May 12, 03 (Att.- Minutes)
B. City Council Work Session, May 12,2003 (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 ofthe Verified Claims List (Att.- Claims List)
B. Approval of Fireworks Dealer License - Oasis Markets (Att. - Twila Grout)
C. Appeal Notice to Remove - Extension of Deadline to Comply (Att. - Planning Director's
Memorandum)
Appellant: Deborah Carpenter-Rand
Location: 5885 Hillendale Road
D. Set Public Hearing Date - Right-of-Way Vacation Request (Att.- Planning Director's
Memorandum)
Applicant: William Zucco
Location: 4555 Enchanted Point
E. Appointment of Regular Full-Time Liquor Store Clerk II (Att.-Memorandum,
Resolution)
F. Approval of Contract for Cleaning Services (Att.- Public Works Director's Memorandum)
CITY COUNCIL AGENDA - MAY 27, 2003
PAGE20F3
G. Accept Bids and Award Contract for Bituminous Seal Coating with the Cities ofTonka
Bay and Excelsior (Att.- Public Works Director's Memorandum, Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS - Report by Representative
A. Report on Park Commission Meeting and Work Session Meeting Held May 13. 02 (Art.-
Draft Minutes)
B. Authorization to Install New Signage at Freeman Park (Att.- Public Works Director's
Memorandum)
6. PLANNING - Report by Representative
A. Setback Variance (Att. #6A Planning Director's memorandum)
Applicant: John O'Donnell
Location: 27100 Edgewood Road
B. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att. #6B
Planning Director's memorandum, Draft Resolution)
Applicant: Mark and Kim Welty
Location: 5330 Howard's Point Road
C. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att. #6C
Planning Director's memorandum, Draft Resolution)
Applicant: Michael and Susan Newberg
Location: 26045 Birch Bluff Road
D. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att. #6D
Planning Director's memorandum, Draft Resolution)
Applicant: Peter and Joan Purcell
Location: 23735 Gillette Curve
7. GENERALlNEW BUSINESS
8. ENGINEERlNGIPUBLIC WORKS
A. Resident Concerns: Drainage on Eureka Road (Katie Snyder)(Att:-Memorandum)
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CITY COUNCIL AGENDA - MAY 27, 2003
PAGE30F3
9. REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
2. Public Safety Facilities
3. Smithtown Road
B. Mayor & City Council
10. ADJOURN
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CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
LIQUOR COMMITTEE MEETING
TUESDAY, May 27, 2003
6:00 P.M.
AGENDA
1. CONCEPT DESIGN: LIQUOR STORE #2 UPDATES
2. OTHER
3. ADJOURN
A majority of the City Council members may be present at this meeting.
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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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 27 May 2003
.
A Liquor Committee Meeting will be held at 6:00 p.m.
A meeting of the Economic Development Authority will begin immediately following
the regular City Council meeting.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Staff is recommending approval of a Fireworks Dealer License for
the Oasis Market on Smithtown Road.
...
Agenda Item #3C: Deborah Carpenter-Rand h8.s been cited for City Code violations
involving unlicensed/inoperable vehicles and assorted other nuisance items. She
has requested additional time to comply with the notice, particularly a car over
which she is in dispute with an insurance company. Staff recommends a 3D-day
extension for everything except the car in dispute, for which a 6D-day extension is
suggested. Failure to comply with either deadline will result in further legal
action with no further notice.
Agenda Item #3D: Mr. William Zucco has requested, on behalf of his father, that the
City swap a portion of City-owned property adjacent to 4485 Enchanted Point for
an equivalent area of the Zucco property, in order to reconfigure the boundaries of
their land. The City-oWned parcel is not designated as street right-of-way,
although it is used as such. A portion of Enchanted Point cuts across the comer of
this parcel. The parcel also extends into the Zucco property, creating a
gerrymandered property boundary. Mr. Zucco suggests trading some of the
Zucco land adjacent to Enchanted Point as additional street right-of-way.
Enchanted Point has only 24 feet of right-of-way at present. Based upon a
preliminary review, staff suggests that the conveyance may have merit. The
action requested at this time is simply to set a public hearing to consider the
conveyance. Staff suggests 14 July at 7:15 P.M. A more detailed description of
the request will be forwarded to you prior to Tuesday night's meeting. If
questions remain, this item may be removed from the consent agenda.
n
~J PRINTEO ON RECYCLED PAPER
Agenda Item #3E: Staff recommends approval of a resolution for the appointment of
the regular full-time Liquor Store Clerk II position to Dale Field.
Agenda Item #3F: Staff recommends approval of the proposal for cleaning services
from Coverall Cleaning Concepts, Inc. for the Shorewood Public Works Facility.
Costs for the cleaning contract are $184 per month, for a once-per-week service
interval.
Agenda Item #3G: Bids were received, opened, and tabulated on May 21 st for the
bituminous seal coating of roadways for the Cites of Shorewood, Excelsior, and
Tonka Bay. Staff is recommending that the contract be awarded to Pearson Bros.,
Inc. for an amount not to exceed $41,600 (Shorewood's portion).
Agenda Item #5B: The Park Commission has made a recommendation that 10 parking
spots be reserved for car-pools. This defined as any vehicle with 4 or more
passengers. These parking spots would be posted near Eddy Station is this is the
busiest area of the Freeman Park. The Park Commission made a unanimous
motion that recommends that the new signs be ordered and installed.
.
Agenda Item #6A: John O'Donnell has requested variances to expand the
nonconforming dwelling at 271 00 Edgewood Road. He proposes to raise the
existing home which less than one foot from the west lot line and approximately
three feet from the east property line, and add a third level to the home. He also
proposes to demolish the existing detached garage and build an attached garage
on the south end of the house. A second story would be built over the new
garage. Aside from the setback issues associated with this request, the property
has impervious surface amounting to 39 percent of the lot area, 14 percent over
the maximum allowed. It is worth noting that the property was granted two
variances in 1986 to expand the house to its current size and to build the existing
garage. The Planning Cornrilission voted unanimously to recommend denial of
the variance. The Council should direct staff to prepare a resolution with
findings-of-fact for the June 9 Council meeting.
.
Age'tIda Item #6B: Mark and Kim Welty have requested a conditionalll&~ permit to
build a detached garage which will put them in excess of 1200 'square feet of total
aecessory space. Their application complies in all respects with the. criteria f(u
this type of C.V.P. The Planning Cormnission vot~d unanimously to recommend
approval of the request, subject to the prope't1y owner relocating an existing
nonconforming shed by 31 October of this year. A draft resolution has been
prepared for your consideration.
AgenaaItem #6C: Mike and Susan Newberg have requested a conditional use permit
to build an attached garage which will put them in exeess <Yf t1.t16 square feet of
total accessory spaee. Their application complies in all' respects with the criteria
for this type ofC.V.P. The Plarming Commission vofed unanimously to
,
.
.
recommend approval of the request. A draft resolution has been prepared for your
consideration.
Agenda Item #6D: Peter and Joan Purcell have requested a conditional use permit to
build a detached garage which will put them in excess of 1200 square feet of total
accessory space. Their application complies in all respects with the criteria for
this type of C.D.P. The Planning Commission voted unanimously to recommend
approval of the request, subject to the property owner providing landscaping on
the west side of the building. A draft resolution has been prepared for your
consideration.
Agenda Item #8A: Ms. Snyder, 5685 Eureka Road, has requested an opportunity to
speak with the Council regarding drainage issues near her residence. She and
staff have had conversations on this matter.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 12, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
DR FT
1.
CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee and Turgeon; Administrator
Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning
Director Nielsen
Absent:
Councilmember Zerby
B. Review Agenda
Administrator Dawson requested that Item 7C be added to the Agenda, a Resolution Urging Amendment
of the New Conceal-and-Carry Weapons Law.
Lizce moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, April 28, 2003
Turgeon moved, Lizce seconded, Approving the City Council Regular Meeting Minutes of April 28,
2003, as presented. Motion passed 4/0.
B. City Council Work Session Meeting Minutes, April 28, 2003
Lizee moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of
April 28, 2003. Motion passed 4/0.
C. Board of Review Minutes, May 5, 2003.
Dawson corrected Page 3, paragraph 3, line 7, to read ".. .235 feet of shoreline compared to 165 feet of
shoreline..."
Garfunkel moved, Turgeon seconded, Approving the City Council Board of Review Minutes of
May 5, 2003, as amended. Motion passed 4/0.
3. CONSENT AGENDA
After removing item J from the consent agenda as requested by appellant Aaron Smith, Mayor Love
asked for a motion.
~J'"
CITY COUNCIL REGULAR MEETING MINUTES
May 12, 2003
Page 2 of7
.)
Garfunkel moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 03-043, "A Resolution Approving a Conditional Use
Permit for T. Holmgren 23380 Smithtown Road."
C. Revisions to the AFSCME Agreement.
D. Approval of an Agreement for Meeting Space by and between the City of
Shorewood and Lake Minnetonka VFW Post #5919.
E. Adopting RESOLUTION NO. 03-044, "A Resolution Accepting Boyer Lake
Minnewashta Addition - Final Plat."
F.
Authorization of 2002 Performance Pay - Liquor Operations Manager.
.
G. Authorization to hire: Accounting Clerk 1 position.
H. Authorization for emergency expenditure of funds for new City Hall furnace.
I. Adopting RESOLUTION NO. 03-045, "A Resolution Approving an Intoxicating
Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - American
Legion Post #259."
Motion passed 4/0.
J. Appeal Notice to Remove - Extension of Deadllne to Comply.
Appellant: Aaron Smith
Location: 5965 Mill Street
Nielsen explained that Mr. Smith was sent a ''Notice to Remove" letter for zoning violations and has
appealed for additional time to correct the violations. Since the appellant has shown a good faith effort to
comply, Nielsen indicated that staff has recommended the extension oftime. However, Nielsen noted if
there is failure to comply with the 30-day extension, the City could take legal action without further
notice.
.
Mayor Love asked whether Mr. Smith had any additional comments. He did not.
Garfunkel moved, Lizee seconded, to grant the 30-day extension to comply with the Notice to
Remove, thereby removals must be completed no later than June 12,2003, for the appellant Aaron
Smith residing at 5965 Mill Street. Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were none.
CITY COUNCIL REGULAR MEETING MINUTES
May 12, 2003
Page 3 of?
5. PARKS
As the Park Commission would be meeting the following evening, Brown indicated that he had nothing
new to report at this time.
6. PLANNING
Woodruff reported on the May 6,2003, Planning Commission meeting. She stated that the Commission
denied the application for 27100 Edgewood Road for variances to construct a second story, potentially a
third story, and an attached garage to a nonconforming structure. The Commission approved three CUP's
for Accessory Space in excess of 1200 s.f. and two simple subdivisions.
Turgeon asked how much and what variances were requested for the Edgewood property.
.
Woodruff indicated that the owner was requesting for substandard sideyard setbacks and potentially a
third story addition. She commented that several neighbors spoke on his behalf.
Nielsen added that the current home was nonconforming and exists Y:z' from one side and 3 Y:z' from the
other side yard. The addition of a lower level would have raised the structure 7', which might have also
constituted a third story. He commented that, currently, it is virtually impossible to maneuver around the
home without stepping on neighboring properties.
7. GENERAL
A. County Road 19 Project Report: Jim Grube, Hennepin County Transportation
Director
Jim Grube gave a monthly project report regarding the County Road 19 progress. He indicated that he
would comment on three specific fronts: Negotiations, Engineering, and Miscellaneous.
.
With regard to negotiations, Grube stated that ongoing negotiations continue with property owners and
the Cities. While the engineering consultant has focused on bringing the plans together, more ROW
acquisition is expected in order to allow for left turn lanes. Grube indicated that conversations with the
new shopping center owners have been fruitful, and that he believes the County is close to closing the
deal with them. He reported that drainage continues to be an issue, as well as a need to relocate the water
main in Tonka Bay. Although engineering issues with regard to drainage and the costs of a pond remain,
the County is committed to work through the runoff control solutions. He indicated that it would be their
intent to solve this issue within the next thirty days, as well as meet with the MCWD.
The miscellaneous factors include the sidewalk along the curve near public works and the Truffle Hill
Chocolate. Grube stated that Tonka Bay would prefer that the shopping center owners, and those who
benefit most from the addition of a sidewalk, incur the greatest cost of its construction. Most of these
properties fall within Tonka Bay. Grube believed that this debate was close to being reconciled and that
the shopping center owners will support this endeavor. Tonka Bay has been standing by until the County
can determine where the shopping center owners stand regarding the sidewalk, curb, and gutter. While the
shopping center owners have verbally acknowledged that they would benefit most from the sidewalk,
Grube noted that nothing had been received in writing to that extent.
Grube stated that the County will begin its negotiations in earnest with the Mayor ofTonka Bay next
CITY COUNCIL REGULAR MEETING MINUTES
May 12, 2003
Page 4 of7
week. He was confident that as things get closer the County will be able to make something happen with
Tonka Bay.
Grube added that County Commissioner Linda Koblick had asked him for a progress report as well, after
a conversation she had had recently with Mayor Love. He promised to speak with her directly and more
frequently to keep her in the loop. He reiterated that things were moving along in a timely fashion and
that certain traffic control measures may be taken in the interim.
Mayor Love pointed out that Commissioner Koblick had approached him at a recent meeting and asked
him what was happening with the intersection. While he stated that his intent was to keep this project out
of the political arena, Mayor Love stated that he asked her the same question. He recognized the hard
work that Grube had devoted to the intersection and the ongoing negotiations yet to work through.
Turgeon asked for the status of the drainage issues.
Brown indicated that the preliminary plans have been drawn up and would be reviewed before meeting .
with Grube to discuss them.
Turgeon questioned what would happen if the shopping center owners refuse to bear the cost of the
sidewalk. She questioned whether the County had a back-up plan.
Grube indicated that 'all his eggs were in one basket', and that he had no contingency plan.
B. Request for Funds for 2003 Lake Minnetonka 4th of July activities, Excelsior Area
Chamber of Commerce
Linda Murrell, Executive Director of the Excelsior Chamber of Commerce, and Becky Lembrich,
Committee Chair, stated that they were working to coordinate one of the finest 4th of July celebrations in
the area with the help of numerous sponsors. Sponsors including; Cub Foods, First Minnesota Bank,
Beacon Bank, Maynards, Lake Minnetonka Association, Xcel, Wells Fargo, and many others.
Mayor Love requested that the Chamber recognize Minnetonka Portable Dredging for their continued
donation of the barges every year for the firework display.
.
Murrell stated that, in addition to the Minnesota Orchestra, other forms of music will be offered, such as
percussions, bluegrass, rock 'n roll, jazz, blues, and rap. She added that the American Legion will
sponsor a 21 Gun Salute as a tribute to men and women in the armed services. The week-long event will
kick off on June 29, 2003.
Once again, Murrell asked that Shorewood join the ranks of other communities to support this broad
based, positive, and fun, community event. While she recognized that budgets are tight, she requested
that the City match its $2,000 donation of 2002.
Although a worthwhile event, Turgeon stated that she was uncomfortable giving $2,000 when the City
had recently raised the cost for essential services for its residents.
Lizee disagreed, stating that the entire South Lake community benefits from this event. She supported the
contribution wholeheartedly and pointed out that the expenditure had been budgeted for.
Lizee moved, to approve the expenditure of $2,000 towards the Excelsior Area Chamber of
CITY COUNCIL REGULAR MEETING MINUTES
May 12, 2003
Page 5 of7
Commerce's 4th of July event. Garfunkel seconded.
Mayor Love acknowledged the Chamber for its great job in bringing together residents and City Councils
to celebrate the 4th of July as a community. He acknowledged the numerous volunteers and efforts
necessary to bring an event like this to fruition and felt this to be a worthwhile investment in the future.
He commented that these community events unite and create strong community spirit.
Garfunkel supported the contribution, as money well spent for the overall big picture of the community.
While he recognized the concerns expressed by Turgeon, he supported contributing the budgeted amount.
Lizee pointed out that since the City has failed to keep its essential service rates up to par, the rate hike is
justified despite this contribution.
Turgeon maintained that the unknown future state ofthe economy concerns her, as do continued state
mandates without additional state aid funding.
.
Mayor Love pointed out that unfunded mandates is a different topic altogether, and did not believe the
City should fold its tents and deprive its residents of their quality oflife in the event these situations
occur.
Garfunkel argued that the City really does little in this arena to generate community in the grand scheme
of things.
Motion passed 3/1, Turgeon dissenting.
C. Resolution Urging Amendment of New Conceal-and-Carry Weapons Law
.
Administrator Dawson explained that, effective May 28, 2003, Minnesota residents shall be granted
permits to carry and conceal handguns. He explained the specific concern that concealed weapons are
expressly to be permitted on public property, in parks, at public meetings, etc. It is Shorewood's concern
how this new legislation will affect cities and our ability to protect public safety. Dawson indicated that it
is also the League of Minnesota Cities desire to amend the law before it takes affect. He had prepared a
resultion for Council's consideration.
Mayor Love stated that it was not cities' intent to rewrite the law; however, local municipalities must get
their point across. He indicated that the parks are filled with kids, and this law will create a huge problem
for cities.
Garfunkel agreed that cities should have the right to say whether they agree with the legislation or not.
Cities have lost their ability to ensure public safety of their employees and citizens.
Lizee moved, Turgeon seconded, to adopt RESOLUTION NO. 03-046, "A Resolution stating the
City Council's Opposition to Certain Provisions in the 2003 Minnesota Personal Protection Act,
and Calling for Amendments to Prohibit Concealed Weapons on City Property." Motion passed
4/0.
CITY COUNCIL REGULAR MEETING MINUTES
May 12, 2003
Page 6 of7
8. ENGINEERING/PUBLIC WORKS
A. Resolution RE: NPDES Phase n
Brown stated that the Phase II program expands the Phase I requiring additional operators of municipal
separate storm sewer systems in urbanized areas. As the City has little choice in the state mandate,
Brown stated that staff was recommending approval of the resolution that adopts the NPDES Phase II
Plan and authorizes submittal to the Environmental Protection Agency for its review and approval. As
the issue of personal responsibility liability has not yet been determined, Brown stated that, at some point,
if necessary, he would need to ask the City to defend him in any litigation that takes place.
Garfunkel moved, Turgeon seconded, to adopt RESOLUTION NO. 03-047, "A Resolution
Adopting the National Pollutant Discharge Elimination System Phase n." Motion passed 4/0.
9.
REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
.
Administrator Dawson noted that item 1 had been discussed earlier.
2. Public Safety Facilities
Administrator Dawson reported that the bid opening date is scheduled tentatively for June 10,2003. He
stated that progress has been slow on the east station and that he's been informed that the electricians
union may go on strike May 15,2003.
3. Smithtown Road
Brown reported that the bid opening date had been pushed out to June 11,2003, due to a publishing error
in the papers.
.
B. Mayor & City Council
Mayor Love commented that the Excelsior Fire District Orientation meeting would be held on
Wednesday evening and recommended that Council members try to attend.
Mayor Love reported that he had recently attended two meetings, one regarding the occurrence of change
orders for the Public Safety Facility, and he noted a follow-up letter submitted by Administrator Dawson
citing concerns. The second meeting Councilmember Turgeon and he had attended was one with
Excelsior Mayor Johnson and Council member Caron regarding the SLMPD joint powers agreement. He
indicated that they shared a frank exchange of opinions in a search for solutions. He stated that Turgeon
presented a number of options, though none seemed acceptable to the Excelsior representatives, and
maintained that ongoing discussions are underway.
Turgeon stated that she and the Mayor presented many ideas, and planned to attend a second meeting on
May 20,2003. In the meantime, Turgeon stated that she left several options with the Excelsior Council
members to look at and make additional suggestions. One point that was agreed upon, was that mediation
language should be added to the document.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
- May 12, 2003
Page 7 of7
Mayor Love noted that he and Council member Turgeon had also attended the Shorewood Appreciation
Day at the Southshore Center that afternoon, during which he made a short presentation regarding the
changes occurring in the area. He mentioned that most of the questions he fielded surrounded the
redevelopment of the County Road 19 intersection.
Turgeon mentioned that she had attended the Chamber of Commerce breakfast Monday morning, which
hosted u.s. Representative Ramstad, who shared many of his views on significant topics. She noted that
Tom Berge, Minnetonka Schools District Business Administrator, received the 2003 Minnesota School
Business Official of the Year Award and was acknowledged by u.S. Representative Ramstad at breakfast
for his efforts.
Mayor Love stated that he continues to be impressed by Berge's grasp of the issues, ability to articulate
the problems, and suggest solutions. He felt the award to be well deserved.
10. ADJOURN
.
Garfunkel moved, Lizee seconded, Adjourning the Regular City Council Meeting of May 12, 2003,
at 8:02 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED.
Kristi B. Anderson
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
.
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, MAY 12,2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 p.m. or immediately following
Regular Council Meetin2:
MINUTES
1.
CONVENE WORK SESSION MEETING
D D. f\' ~;;'~ ".: J
~ , '..,.~ <;; ,.~
. '. .....' '"-.,
. ii!i. ". '..' '.'. ~.....!t .....
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'::4 ~'d- t' .~
. lit '\i... ilII' ,,'
The Work Session convened the Work Session Meeting at 8:02 P.M.
A.
Roll Call
Present:
Mayor Love; Council members Garfunkel, Lizee, and Turgeon; Administrator
Dawson; Engineer Brown; Finance Director Burton; and Planning Director
Nielsen
.
Absent:
Council member Zerby
B. Review Agenda
2. SLMPD Pre-Budget Discussion
Police Chief Bryan Litsey reported that he is in the preliminary stages of putting a budget
together and had met with or would be meeting with Excelsior, Greenwood and Tonka Bay.
Given the time crunch last year, Litsey indicated that he wished to start early on budgets this
year, even though budget planning for member cities has not yet been determined. He stated that
Excelsior, in particular, has indicated that the next budget year will be extremely difficult due to
budget cuts and economic hardships imposed by the Legislature. Litsey reported that Excelsior
had asked him to keep the expense side flat and operate with a very lean operating and building
budget.
.
Chief Litsey explained the lack of funds available in the contingency account. He explained that
this reserve fund is available for emergency contingencies and has accumulated $47,000 in its
fund; however approximately $30,000 may need to be used due to approval of a lower-than-
proposed budget for 2003. While he recognized 2004 would be a challenging year, he indicated
that 80% of his costs were personnel driven and he was hesitant to sacrifice additional staffing.
Mayor Love interjected that the Shorewood Council appreciated his passion and would strongly
support reasonable expenses by the police department.
Chief Litsey maintained that his 2004 budget goal would be to preserve the staffing they already
have and reduce in other areas as much as possible, for instance equipment deferrals for the short
term and cutbacks in fleet expenditures. He indicated that they would also be severing their
association with the Southwest Metro Drug Task Force, providing an additional $8,400 savings
annually. He was confident that the department could pick up the slack using its own
investigators. He reported that they have lost some state aid dollars for disabled officers and
would be losing $14,000 from airport support programs since September 11 at the end of May.
#It 018
CITY COUNCil.. WORK SESSION MINUTES
May 12, 2003
Page 2 of 4
Chief Litsey maintained that the department has been doing an exceptional job of managing its
costs and utilizing an updated computer system to handle accounting.
Turgeon asked if other grant opportunities existed for it to pursue.
Chief Litsey indicated that it continues to look for state grants and are currently pursuing a 25%
matching booster system grant for the 800 MHZ signal by promoting the joint police and fIre
venture the Cities have entered into. He stated that the biggest areas for grants continue to be the
weapons of mass destruction arena. Litsey acknowledged how diffIcult it is for a joint powers
cooperative to operate when one of its member Cities is having problems.
While Chief Litsey had no hard numbers to provide to the City Council, he asked the Council
members for their feedback. He pointed out that it would be diffIcult for him to guarantee a flat
line growth and keep the qualifIed people in the department.
Mayor Love recognized that it is more diffIcult for the police department to maintain a flat
growth rate when 80% of its costs are personnel related versus the fIre department whose costs
are 80% equipment and 20% personnel.
.
Chief Litsey stated that the investments in the department, has afforded it the opportunity to keep
people longer.
Since most of Shorewood's problems continue to be speeding ticket issues, Mayor Love inquired
about the opportunity to write administrative tickets. He explained that administrative tickets
offer a high degree of enforcement, do not leave a permanent mark on people's records, and offer
a higher rate of revenue to local departments.
Chief Litsey agreed that the administrative tickets could work by offering a lesser fIne, greater
return to the city, and no permanent mark.
Unique to Shorewood, Chief Litsey explained that the SLMPD has been very consistent with the
$15,000 budget Shorewood provided the police department for dedicated details. He indicated
that he would strive to provide the City with a report when dedicated offIcer or community
policing offIcer is sent to a call and money from this account is warranted.
.
Turgeon requested that the department establish some sort of process to notify the City when and
what the special funds are being used for.
Dawson concurred, stating that he had also asked Litsey to notify him when these funds were
used.
Chief Litsey felt that it was fair for the City to request notifIcation of the ICR (Initial Complaint
Report).
Turgeon asked if the Chief, or Council, had any suggestions regarding terminology that should be
added to the j oint powers agreement, since the economic adjustment or proof of fmancial
hardship did not work.
CITY COUNCIL WORK SESSION MINUTES
May 12, 2003
Page 3 of 4
Garfunkel asked if they could review the minutes of the past meetings.
Mayor Love indicated that the minutes are available for review. He expressed his concern
regarding the difference between a City having economic problems and a City that incurred those
economic problems during the good times. He believed that three dissenters should not rule the
entire south lakes communities.
Turgeon believed the question to be whether the joint powers cities wish to be provided with
good, well-equipped officers on the street. Since the costs are personnel related, she maintained
that the discussions need to be taken to the next level with the partner communities.
Mayor Love pointed out that not only does the police department need a good facility, but it also
needs good, well-trained people.
.
Chief Litsey commended Mayor Love and Council member Turgeon for their efforts at the joint
meetings.
Mayor Love invited Chief Litsey back for future discussions.
3. CIP Philosophy
Following a discussion regarding the 2003-2007 Capital Improvement Program (CIP) held earlier
this year, the Council stated that it would like to look at the philosophy to be followed in
developing and publishing a CIP in preparation for the City's 2004 budget. Administrator
Dawson explained that the CIP is a planning document and presented a written approach to the
CIP. Dawson indicated that he had notified Zerby that this item was on the agenda and suggested
comment via email prior to this evening's meeting.
.
Mayor Love asked if the Council members were comfortable with the classifications presented in
the summary.
Garfunkel remained puzzled why the County Road 19 project was never identified in the latest
CIP.
Turgeon asked what the internal process for creating the CIP typically followed.
Dawson stated that the CIP was generally created as a collaborative staff effort, primarily driven
by public work sessions. He indicated that the County Road 19 intersection project will be
brought forward in the next CIP.
4. South Lake Minnetonka Communities Summit
Dawson indicated that it was not a critical matter for discussion this evening; however, he asked
for comments.
Mayor Love asked the Council who they could foresee doing the convening of the summit. While
Dawson related that at its last meeting the Council thought it would take Shorewood initiative,
CITY COUNCIL WORK SESSION MINUTES
May 12, 2003
Page 4 of 4
Mayor Love preferred that Council approach the Chamber of Commerce to host the event and
convene the meeting.
TUrgeon asked the Council to be prepared to share what their individual thoughts were regarding
what they feel is worth preserving and what is not. She indicated that they would provide the
attendants with a brief report or vision summary at the event and send out invitations with a
teaser encouraging attendance.
Dawson indicated that he would approach the Chamber of Commerce and introduce the idea for
its hosting the event.
5. Adjourn
Garfunkel moved, Lizee seconded, adjourning the Work Session meeting of May 12,2003,
at 8:45 P.M. Motion passed 4/0.
.
RESPECTFULLYSUBMITTTED.
Kristi B. Anderson
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, Administrator
.
PAYABLESAPPROVALS
For 5/27/03 Council Meeting
.
Prepared by: (J otItV/L~ (1h
Catherine EIke, Sr. ccountant
.
Date: 5-;)/-03
Date: ~/u &.3
Date: tJ5.;t2.tJ3
-#3ft
Check Approval Listfor OS/27/03 Sorted by Department
Check # Vendor Name Description Check Date Invoice # Amount
35204 ANDERSON, KRISTI B. 1 st HALF MAY CONTRAC 5/15/2003 $150.00
35204 ANDERSON, KRISTI B. 1 st HALF MAY CONTRAC 5/15/2003 $150.00
35204 ANDERSON, KRISTI B. 1 st HALF MAY CONTRAC 5/15/2003 $200.00
35206 BURTON, BONNIE GFOA CONF TRAVEL AD 5/15/2003 $500.00
35207 CHAMPION AUTO STOR WINDOW LIFT MOTOR 5/15/2003 D187937 $49.99
35207 CHAMPION AUTO STOR CREDIT FOR CORE 5/15/2003 D187961 ($7.46)
35207 CHAMPION AUTO STOR GREASE 5/15/2003 D188413 $8.51
35208 COLLINS ELECTRICAL S HWY 7/XMAS LK RD SIGN 5/15/2003 JR28881 $493.63
35209 COMMUNITY REC RESO APRIL CONTRACT SVCS 5/15/2003 $780.00
35210 G & K SERVICES PW UNIFORMS 5/15/2003 043003 $507.41
35211 KINKO'S PLANNING COPIES 5/15/2003 06210004 $7.99
35214 POMMER COMPANY, IN NAMEPLATE-P. GILBERT 5/15/2003 50481 $15.74
35218 SO LK MTKA POLICE DE FORFEITURE-FORD EXPL 5/15/2003 $2,100.00
35220 ANDERSON, KRISTI B. 2ND HALF MAY CONTRA 5/22/2003 $150.00
35222 BERRY COFFEE CO 5/22/2003 347807 $22.00
35222 BERRY COFFEE CO 5/22/2003 347808 $22.00 .
35223 DAWSON, CRAIG MAR,APR,MAY MILEAGE/ 5/22/2003 $65.89
35225 FASCHING, PATRICIA MAY MILEAGE/SPRING C 5/22/2003 $1.26
35227 GOVT FINANCE OFCRS MEMBERSHIP RENEWAL 5/22/2003 0023003-0 $140.00
35228 HAESTAD METHODS INC WATER MODELING SYMP 5/22/2003 110364 $95.00
35231 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 5 5/22/2003 302131-05 $1,373.20
35232 KENNEDY & GRAVEN PUBLIC LAW SEMINAR-C 5/22/2003 $50.00
35233 KRIESEL, DREW MAY CLEANING-FINAL IN 5/22/2003 448251 $94.50
35234 LUGOWSKI, JOSEPH SEC 125 REIMBURSEME 5/22/2003 $346.00
35236 METRO WEST INSPECTI APR BLDG INSPECTIONS 5/22/2003 $90.00
35238 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 5/22/2003 $232.02
35239 PAZANDAK, JOSEPH MILEAGE 5/5 - 5/16/03 5/22/2003 $98.64
35240 PERA PAYROLL DEDUCTIONS F 5/22/2003 762400-05 $2,132.89
35240 PERA PAYROLL DEDUCTIONS F 5/22/2003 762400-05 $2,312.72
35245 TOLL GAS & WELDING SHOP SUPPLIES 5/22/2003 250110 $69.97
35246 XCEL ENERGY 5/22/2003 0208-203- $16.82
35246 XCEL ENERGY 5/22/2003 0326-600- $33.62
35246 XCELENERGY 5/22/2003 1541-203- $7.40 .
35246 XCEL ENERGY 5/22/2003 1732-704- $2,409.26
35248 AFSCME COUNCIL 14 JUNE UNION DENTAL PR 5/28/2003 $270.20
35250 CONSTRUCTION BULLE SEAL COAT BID AD 5/28/2003 2319471 $121.94
35250 CONSTRUCTION BULLE SEAL COAT BID AD 5/28/2003 2327396 $121.94
35254 EXCELSIOR CHAMBER FIREWORKS DONATION 5/28/2003 $2,000.00
35255 EXCELSIOR FIRE DISTRI 2ND QTR FIRE SVCS 5/28/2003 $97,1n.57
35258 HEALTH PARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $482.80
35261 KAR PRODUCTS SHOP SUPPLIES 5/28/2003 90005445 $238.84
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $7,457.34
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $114.73
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $286.83
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $86.05
35267 MTI DISTRIBUTING COM BRAKE CABLES/SPRING 5/28/2003 352190-00 $127.91
35269 OFFICE DEPOT 5/28/2003 20289558 $53.14
35269 OFFICE DEPOT 5/28/2003 20330873 $110.71
35269 OFFICE DEPOT 5/28/2003 20330873 $46.22
35270 OFFICE MAX CREDIT PL COUNCIL ROOM TABLES 5/28/2003 18699400 $127.78
35272 POTTS, KENNETH N. FORFEITURE-2000 FORD 5/28/2003 $234.50
35274 SO LK MTKA POLICE DE MONTHLY BUDGET 5/28/2003 $51,9n.OO
~~:i~:rri~14tmrJr~~~.l'~~~~~~'1~Wlll~iIim:~~~1<~<$wawC!!J1''0;:' iU..lll~TI'm~~~,m~'1!iI:~"'~~~:a.";;~i1l2'".M_
Thursday, May 22, 2003 Page 1 of5
Check # Vendor Name Description Check Date Invoice # Amount
35274 SO LK MTKA POLICE DE JUNE LEASE PMT-PUB S 5/28/2003 $25,342.00
35280 UNUM LIFE INSURANCE JUNE L TD PREM 5/28/2003 $255.67
35283 XCELENERGY 5/28/2003 0615-308- $3.14
35283 XCEL ENERGY 5/28/2003 1605-305- $98.56
35283 XCEL ENERGY 5/28/2003 1724-866- $78.01
35283 XCEL ENERGY 5/28/2003 2001-503- $20.97
TOTAL FOR 101 GENERAL FUND $201,552.85
35275 TECHIES JUNE SVCS 5/28/2003 $500.00
TOTAL FOR 401 PUBliC FACILITIES/OFFICE EQUIPMENT $500.00
35229 HARRIGAN, JOHN W. TH 7/41 CONDEMNATION 5/22/2003 $2,317.00
35242 SCHULER, CHARLES S. TH7/41 CONDEMNATION 5/22/2003 $1,600.00
35244 THORPE, SAM TH7/41 CONDEMNATION 5/22/2003 $1,600.00
TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $5,517.00
35212 MUNITECH, INC. REBUILT METER INV BAL 5/15/2003 8079 $18.53
35216 QWEST 5/15/2003 $99.05
35216 QWEST 5/15/2003 $261.99
35226 GOPHER STATE ONE-CA APRIL SVC 5/22/2003 3040694 $40.30
. 35246 XCELENERGY 5/22/2003 0234-748- $7.40
35246 XCEL ENERGY 5/22/2003 1351-508- $518.19
35246 XCEL ENERGY 5/22/2003 1776-835- $12.60
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-AME 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-BLD 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-WOO 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIALS FEE-BA 5/28/2003 $100.00
35252 OEPT OF PUBLIC SAFET HAZ MATERIAL FEE-SE 5/28/2003 $100.00
35257 HAWKINS WATER TREA 5/28/2003 DM88462 $55.00
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $86.05
35268 NATIONAL WATERWOR STAINLESS NUTS/BOLTS 5/28/2003 9355775 $353.04
35273 QWEST 5/28/2003 $57.89
35277 TONKA EQUIPMENT CO PRESSURE AERATOR ST 5/28/2003 10352 $94.73
35279 TWIN CITY WATER CLlNI APR BACTERIA ANAL YSI 5/28/2003 9781 $60.00
35281 WIDMER, INC. WATERMAIN BREAK @A 5/28/2003 6065 $3,570.00
35283 XCELENERGY 5/28/2003 0145-009- $16.03
. 35283 XCEL ENERGY 5/28/2003 1440-708- $122.44
35283 XCELENERGY 5/28/2003 2095-300- $1,572.64
TOTAL FOR 601 WATER UTIliTY $7,445.88
35211 KINKO'S LIFT STATION PLAN COPI 5/15/2003 06210003 $49.46
35226 GOPHER STATE ONE-CA APRIL SVC 5/22/2003 3040694 $40.30
35235 METRO COUNCIL ENVIR APR SAC REPT 5/22/2003 $1 ,262.25
35246 XCEL ENERGY 5/2212003 0074-000- $8.33
35246 XCEL ENERGY 5/22/2003 0191-308- $21.47
35246 XCEL ENERGY 5/2212003 0640-202- $12.46
35246 XCEL ENERGY 5/22/2003 0675-505- $15.12
35246 XCEL ENERGY 5/22/2003 0942-567- $37.21
35246 XCELENERGY 5/22/2003 1350-001- $17.92
35246 XCEL ENERGY 5/22/2003 1641-408- $57.02
35246 XCEL ENERGY 5/22/2003 2325-902- $24.20
35246 XCEL ENERGY 5/22/2003 2397-003- $10.17
35247 A SCOTT FETZER CO LIFT STATION AUTODIAL 5/28/2003 173988 $1,977.25
35259 HOME SECURITY STOR CELLULAR VOICE DIALE 5/28/2003 46615 $4,041.00
35265 METRO COUNCIL ENVIR JUNE WASTEWATER 5/28/2003 756183 $38,779.00
35283 XCEL ENERGY 5/28/2003 0408-607- $61.83
35283 XCEL ENERGY 5/28/2003 1285-101- $16.75
11-~~'J)lJ:~'m~~~~~1.mIT'=-ffi'!.:~~~~:1fmi.li~t'~~~':.~~~~"l1~l!;:!'.;':t!:!mfu~..m;lililYiE!:~~~
Thursday, May 22, 2003 Page 2 of5
Check # Vendor Name Description Check Date Invoice # Amount
35283 XCEL ENERGY 5/28/2003 1373-808- $7.94
35283 XCEL ENERGY 5/28/2003 1564-303- $8.08
TOTAL FOR 611 SANITARY SEWER UTILITY $46,447.76
35213 PETTY CASH SPRING CLEANUP FUND 5/15/2003 $300.00
35225 FASCHING, PATRICIA MAY MILEAGE/SPRING C 5/22/2003 $79.34
TOTAL FOR 621 RECYCLING UTILITY $379.34
35205 ARCTIC GLACIER INC 5/15/2003 46331270 $64.20
35215 QUALITY WINE & SPIRIT 5/15/2003 258088-00 $463.89
35215 QUALITY WINE & SPIRIT 5/15/2003 258088-00 $128.65
35215 QUALITY WINE & SPIRIT 5/15/2003 258112-00 $182.16
35215 QUALITY WINE & SPIRIT 5/15/2003 258182-00 $47.47
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $27.71
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $12.41
35221 ARCTIC GLACIER INC 5/22/2003 46331320 $18.36
35224 EAST SIDE BEVERAGE 5/22/2003 390119 $1,210.90
35230 HERMEL WHOLESALE 5/22/2003 412330 $31.80
35230 HERMEL WHOLESALE 5/22/2003 412330 $286.87
35237 MIDWEST COCA-COLA B 5/2212003 63237220 $256.85
35241 QUALITY WINE & SPIRIT 5/22/2003 260876-00 $191.86 .
35241 QUALITY WINE & SPIRIT 5/22/2003 260876-00 $693.77
35243 THORPE DISTRIBUTING 5/22/2003 295185 $473.25
35249 BELLBOY CORPORATIO 5/28/2003 26306900 $735.00
35249 BELLBOY CORPORATIO 5/28/2003 26306900 $600.50
35249 BELLBOY CORPORATIO 5/28/2003 26367200 $472.80
35251 DAY DISTRIBUTING 5/28/2003 217643 $257.70
35251 DAY DISTRIBUTING 5/28/2003 218490 $1,629.60
35251 DAY DISTRIBUTING 5/28/2003 218490 $18.40
35253 EAST SIDE BEVERAGE 5/28/2003 392740 $28.60
35253 EAST SIDE BEVERAGE 5/28/2003 392740 $979.35
35256 GRIGGS, COOPER & CO 5/28/2003 708290 $540.60
35256 GRIGGS, COOPER & CO 5/28/2003 708599 $154.80
35256 GRIGGS, COOPER & CO 5/28/2003 708600 $1,313.11
35256 GRIGGS, COOPER & CO 5/28/2003 711755 $0.85
35256 GRIGGS, COOPER & CO 5/28/2003 711926 $671.28
35258 HEAL THPARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $52.00 .
35260 JOHNSON BROS L1auo 5/28/2003 1553108 $142.50
35260 JOHNSON BROS L1QUO 5/28/2003 1553109 $503.00
35260 JOHNSON BROS L1auo 5/28/2003 1553109 $1,599.45
35260 JOHNSON BROS L1QUO 5/28/2003 1556112 $2,468.93
35260 JOHNSON BROS L1QUO 5/28/2003 1556112 $124.00
35262 LAKESHORE WEEKLY N L1Q SALE ADS 5/28/2003 101101 $142.50
35263 MARK VII 5/28/2003 533412 $1,839.40
35263 MARK VII 5/28/2003 533413 $67.20
35263 MARK VII 5/28/2003 535944 $1,023.90
35263 MARK VII 5/28/2003 535945 $63.00
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $505.49
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944588 $687.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946886 $288.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946886 $710.95
35276 THORPE DISTRIBUTING 5/28/2003 295933 $13.15
35276 THORPE DISTRIBUTING 5/28/2003 295933 $1,933.87
35276 THORPE DISTRIBUTING 5/28/2003 296672 $39.45
35276 THORPE DISTRIBUTING 5/28/2003 296672 $1,544.65
35276 THORPE DISTRIBUTING 5/28/2003 296708 $168.00
Check # Vendor Name Description Check Date Invoice # Amount
35278 TOTAL REGISTER SYST SVC CONTRACT 5/28/2003 15203 $1,300.00
35280 UNUM LIFE INSURANCE JUNE L TO PREM 5/28/2003 $18.71
35282 WINE MERCHANTS 5/28/2003 73509 $825.70
TOTAL FOR 641 SHORE WOOD PLAZA UQUOR $27,553.59
35205 ARCTIC GLACIER INC 5/15/2003 46331271 $30.60
35215 QUALITY WINE & SPIRIT 5/15/2003 258086-00 $788.24
35215 QUALITY WINE & SPIRIT 5/15/2003 258181-00 $213.64
35217 SAM'S CLUB L10 STORE SUPPLIES 5/15/2003 $27.71
35217 SAM'S CLUB L10 STORE SUPPLIES 5/15/2003 $12.41
35219 TRI COUNTY BEVERAGE 5/15/2003 136374 $72.50
35224 EAST SIDE BEVERAGE 5/22/2003 390118 $1,274.15
35230 HERMEL WHOLESALE 5/2212003 412332 $289.60
35230 HERMEL WHOLESALE 5/22/2003 412332 $78.53
35237 MIDWEST COCA-COLA B 5/22/2003 61242069 $130.90
35241 OUALlTY WINE & SPIRIT 5/22/2003 260874-00 $698.71
35243 THORPE DISTRIBUTING 5/22/2003 295187 $466.00
35249 BELLBOY CORPORATIO 5/28/2003 26306800 $954.25
35249 BELLBOY CORPORATIO 5/28/2003 26306800 $360.00
. 35249 BELLBOY CORPORA TIO 5/28/2003 26367100 $791.25
35251 DAY DISTRIBUTING 5/28/2003 217642 $1,231.70
35251 DAY DISTRIBUTING 5/28/2003 218489 $915.45
35251 DAY DISTRIBUTING 5/28/2003 218489 $35.30
35253 EAST SIDE BEVERAGE 5/28/2003 392739 $420.25
35256 GRIGGS, COOPER & CO 5/28/2003 708603 $238.41
35256 GRIGGS, COOPER & CO 5/28/2003 708604 $1,558.45
35256 GRIGGS, COOPER & CO 5/28/2003 711699 $415.85
35256 GRIGGS, COOPER & CO 5/28/2003 711930 $292.93
35256 GRIGGS, COOPER & CO 5/2812003 711931 $67.95
35256 GRIGGS, COOPER & CO 5/28/2003 711931 $532.86
35258 HEAL THPARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $52.00
35260 JOHNSON BROS L1QUO 5/28/2003 1553107 $1,022.21
35260 JOHNSON BROS L10UO 5/28/2003 1553107 $627.97
35260 JOHNSON BROS L10UO 5/28/2003 1556111 $151.50
35260 JOHNSON BROS L10UO 5/28/2003 1556111 $1,799.07
35260 JOHNSON BROS L10UO 5/28/2003 221132 ($27.55)
. 35260 JOHNSON BROS L10UO 5/28/2003 221133 ($27.50)
35260 JOHNSON BROS L10UO 5/28/2003 221134 ($22.65)
35260 JOHNSON BROS L10UO 5/28/2003 221135 ($6.92)
35262 LAKESHORE WEEKLY N L10 SALE ADS 5/28/2003 101101 $142.50
35263 MARK VII 5/28/2003 533421 $1,912.15
35263 MARK VII 5/28/2003 535933 $707.10
35263 MARK VII 5/28/2003 535934 $15.20
35263 MARK VII 5/28/2003 535935 $63.00
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $558.71
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944587 $25.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944587 $78.85
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946885 $413.50
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946885 $72.00
35276 THORPE DISTRIBUTING 5/28/2003 295932 $30.15
35276 THORPE DISTRIBUTING 5/28/2003 295932 $1,908.02
35276 THORPE DISTRIBUTING 5/28/2003 296671 $13.15
35276 THORPE DISTRIBUTING 5/28/2003 296671 $1,469.25
35280 UNUM LIFE INSURANCE JUNE L TO PREM 5/28/2003 $21.21
35282 WINE MERCHANTS 5/28/2003 18032 ($16.58)
35282 WINE MERCHANTS 5/28/2003 18033 ($13.76)
~~~1'~"5m2"ji~,;~;,:ro~B5~~~ilim'iY.,,~~~~X%z,'%.Wa~~~~~~'\:o.~~!ml::~3:~~"i
Thursday, May 22, 2003 Page 40f5
Check # Vendor Name
Description
Check Date Invoice #
5/28/2003 18034
5/28/2003 73508
5/28/2003 0677-702-
35282
35282
35283
WINE MERCHANTS
WINE MERCHANTS
XCEL ENERGY
TOTAL FOR 642 WATERFORD UQUOR
TOTAL CHECKS
Amount
($15.16)
$487.80
$483.83
$23,821.69
$313,218.11
tr1\~~.~~.;:r~'Ek~~~~f&&'~t';;>~Z;;::W2m"'~~~~~~~~~~i~
Thursday, May 22, 2003 Page 5 of 5
.
.
Check Approval List for OS/27/03 Council Meeting
Check # Vendor Name Description Check Date Invoice # Amount
35204 ANDERSON, KRISTI B. 1st HALF MAY CONTRAC 5/15/2003 $150.00
35204 ANDERSON, KRISTI B. 1 st HALF MAY CONTRAC 5/15/2003 $200.00
35204 ANDERSON, KRISTI B. 1 st HALF MAY CONTRAC 5/15/2003 $150.00
TOTAL FOR ANDERSON, KRISTI B. $500.00
35205 ARCTIC GLACIER INC 5/15/2003 46331270 $64.20
35205 ARCTIC GLACIER INC 5/15/2003 46331271 $30.60
TOTAL FOR ARCTIC GLACIER INC $94.80
35206 BURTON, BONNIE GFOA CONF TRAVEL AD 5/15/2003 $500.00
TOTAL FOR BURTON, BONNIE $500.00
35207 CHAMPION AUTO STOR WINDOW LIFT MOTOR 5/15/2003 D187937 $49.99
35207 CHAMPION AUTO STOR CREDIT FOR CORE 5/15/2003 D187961 ($7.46)
35207 CHAMPION AUTO STOR GREASE 5/15/2003 D188413 $8.51
TOTAL FOR CHAMPION AUTO STORE #344 $51.04
35208 COLLINS ELECTRICAL S HWY 7/XMAS LK RD SIGN 5/15/2003 JR28881 $493.63
TOTAL FOR COLUNS ELECTRICAL SYSTEM $493.63
35209 COMMUNITY REC RESO APRIL CONTRACT SVCS 5/15/2003 $780.00
TOTAL FOR COMMUNITY REC RESOURCES $780.00
35210 G & K SERVICES PW UNIFORMS 5/15/2003 043003 $507.41
TOTAL FOR G & K SERVICES $507.41
35211 KINKO'S LIFT STATION PLAN COPI 5/15/2003 06210003 $49.46
35211 KINKO'S PLANNING COPIES 5/15/2003 06210004 $7.99
TOTAL FOR KINKO'S $57.45
35212 MUNITECH, INC. REBUILT METER INV BAL 5/15/2003 8079 $18.53
TOTAL FOR MUNITECH, INC. $18.53
35213 PETTY CASH SPRING CLEANUP FUND 5/15/2003 $300.00
TOTAL FOR PETTY CASH $300.00
35214 POMMER COMPANY, IN NAMEPLATE-P. GILBERT 5/15/2003 50481 $15.74
TOTAL FOR POMMER COMPANY, INC. $15.74
35215 QUALITY WINE & SPIRIT 5/15/2003 258086-00 $788.24
35215 QUALITY WINE & SPIRIT 5/15/2003 258088-00 $128.65
35215 QUALITY WINE & SPIRIT 5/15/2003 258088-00 $463.89
35215 QUALITY WINE & SPIRIT 5/15/2003 258112-00 $182.16
35215 QUALITY WINE & SPIRIT 5/15/2003 258181-00 $213.64
35215 QUALITY WINE & SPIRIT 5/15/2003 258182-00 $47.47
TOTAL FOR QUAUTY WINE & SPIRITS CO $1,824.05
35216 QWEST 5/15/2003 $99.05
35216 QWEST 5/15/2003 $261.99
TOTAL FOR QWEST $361.04
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $12.41
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $27.71
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $27.71
35217 SAM'S CLUB L1Q STORE SUPPLIES 5/15/2003 $12.41
TOTAL FOR SAM'S CLUB $80.24
35218 SO LK MTKA POLICE DE FORFEITURE-FORD EXPL 5/15/2003 $2,100.00
TOTAL FOR SO LK MTKA POUCE DEPT $2,100.00
35219 TRI COUNTY BEVERAGE 5/15/2003 136374 $72.50
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $72.50
.
.
;t~~i:1i!l;"?i',i!!fill::f~,'~~~:~-.m:.~-il'~!I~k~'lf.~~~"Ut~'mlli:~$RJ.S~~~"".:I&1~~ML~~]'.g,'~"'m!~.k~~~~~i5'r;;5:
Th~rsday, May 22, 2003 Page 1 of 6
Check # Vendor Name Description Check Date Invoice # Amount
35220 ANDERSON, KRISTI B. 2ND HALF MAY CONTRA 5/22/2003 $150.00
TOTAL FOR ANDERSON, KRISTI B. $150.00
35221 ARCTIC GLACIER INC 5/2212003 46331320 $18.36
TOTAL FOR ARCTIC GLACIER INC $18.36
35222 BERRY COFFEE CO 5/22/2003 347807 $22.00
35222 BERRY COFFEE CO 5/22/2003 347808 $22.00
TOTAL FOR BERRY COFFEE CO $44.00
35223 DAWSON, CRAIG MAR,APR,MAY MILEAGE/ 5/22/2003 $65.89
TOTAL FOR DA WSON, CRAIG $65.89
35224 EAST SIDE BEVERAGE 5/22/2003 390118 $1,274.15
35224 EAST SIDE BEVERAGE 5/22/2003 390119 $1,210.90
TOTAL FOR EAST SIDE BEVERAGE COMPAN $2,485.05
35225 FASCHING, PATRICIA MAY MILEAGE/SPRING C 5/22/2003 $1.26
35225 FASCHING, PATRICIA MAY MILEAGE/SPRING C 5/22/2003 $79.34
TOTAL FOR FASCHING, PATRICIA $80.60
35226 GOPHER STATE ONE-CA APRIL SVC 5/22/2003 3040694 $40.30
35226 GOPHER STATE ONE-CA APRIL SVC 5/22/2003 3040694 $40.30
TOTAL FOR GOPHER STATE ONE-CALL, IN $80.60 .
35227 GOVT FINANCE OFCRS MEMBERSHIP RENEWAL 5/22/2003 0023003-0 $140.00
TOTAL FOR GOVT FINANCE OFCRS ASSOC $140.00
35228 HAESTAD METHODS INC WATER MODELING SYMP 5/22/2003 110364 $95.00
TOTAL FOR HAESTAD METHODS INC $95.00
35229 HARRIGAN, JOHN W. TH 7/41 CONDEMNATION 5/22/2003 $2,317.00
TOTAL FOR HARRIGAN, JOHN W. $2,317.00
35230 HERMEL WHOLESALE 5/22/2003 412330 $31.80
35230 HERMEL WHOLESALE 5/22/2003 412330 $286.87
35230 HERMEL WHOLESALE 5/22/2003 412332 $78.53
35230 HERMEL WHOLESALE 5/22/2003 412332 $289.60
TOTAL FOR HERMEL WHOLESALE $686.80
35231 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 5 5/22/2003 302131-05 $1 ,373.20
TOTAL FOR ICMA RETIREMENT TRUST-457 $1,373.20
35232 KENNEDY & GRAVEN PUBLIC LAW SEMINAR-C 5/22/2003 $50.00
TOTAL FOR KENNEDY & GRA VEN $50.00 .
35233 KRIESEL, DREW MAY CLEANING-FINAL IN 5/22/2003 448251 $94.50
TOTAL FOR KRIESEL, DREW $94.50
35234 LUGOWSKI, JOSEPH SEC 125 REIMBURSEME 5/22/2003 $346.00
TOTAL FOR LUGOWSKI, JOSEPH $346.00
35235 METRO COUNCIL ENVIR APR SAC REPT 5/22/2003 $1 ,262.25
TOTAL FOR METRO COUNCIL ENVIRONMENT $1,262.25
35236 METRO WEST INSPECTI APR BLDG INSPECTIONS 5/22/2003 $90.00
TOTAL FOR METRO WEST INSPECTION SVC $90.00
35237 MIDWEST COCA-COLA B 5/22/2003 61242069 $130.90
35237 MIDWEST COCA-COLA B 5/22/2003 63237220 $256.85
TOTAL FOR MIDWEST COCA-COLA BOTTLIN $387.75
35238 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 5/2212003 $232.02
TOTAL FOR MN CHILD SUPPORT PMT CTR $232.02
35239 PAZANDAK, JOSEPH MILEAGE 5/5 - 5/16/03 5/22/2003 $98.64
TOTAL FOR PAZANDAK, JOSEPH $98.64
35240 PERA PAYROLL DEDUCTIONS F 5/22/2003 762400-05 $2,132.89
35240
Check # Vendor Name
Description
35241
35241
35241
35242
35243
35243
35244
35245
.
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35246
35247
.
35248
35249
35249
35249
35249
35249
35249
35250
35250
35251
35251
35251
35251
35251
35251
Check Date Invoice #
PERA PAYROLL DEDUCTIONS F 5/22/2003 762400-05
TOTAL FOR PERA
QUALITY WINE & SPIRIT 5/22/2003 260874-00
QUALITY WINE & SPIRIT 5/22/2003 260876-00
QUALITY WINE & SPIRIT 5/22/2003 260876-00
TOTAL FOR QUALITY WINE & SPIRITS CO
SCHULER, CHARLES S. TH7/41 CONDEMNATION 5/22/2003
TOTAL FOR SCHULER, CHARLES S.
THORPE DISTRIBUTING 5/22/2003 295185
THORPE DISTRIBUTING 5/22/2003 295187
TOTAL FOR THORPE DISTRIBUTING COMPA
THORPE, SAM TH7/41 CONDEMNATION 5/22/2003
TOTAL FOR THORPE, SAM
TOLL GAS & WELDING SHOP SUPPLIES 5/22/2003 250110
TOTAL FOR TOLL GAS & WEWING
XCEL ENERGY
XCEL ENERGY
XCELENERGY
XCEL ENERGY
XCELENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCELENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
TOTAL FOR XCEL ENERGY
A SCOTT FETZER CO LIFT STATION AUTODIAL
TOTAL FOR A SCOTT FETZER CO
AFSCME COUNCIL 14 JUNE UNION DENTAL PR
TOTAL FOR AFSCME COUNCIL 14
BELLBOY CORPORATIO
BELLBOY CORPORA TIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORA TIO
TOTAL FOR BELLBOY CORPORATION
CONSTRUCTION BULLE SEAL COAT BID AD
CONSTRUCTION BULLE SEAL COAT BID AD
TOTAL FOR CONSTRUCTION BULLETIN
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
5/22/2003 0074-000-
5/22/2003 0191-308-
5/22/2003 0208-203-
5/22/2003 0234-748-
5/22/2003 0326-600-
5/22/2003 0640-202-
5/22/2003 0675-505-
5/22/2003 0942-567-
5/22/2003 1350-001-
5/22/2003 1351-508-
5/2212003 1541-203-
5/22/2003 1641-408-
5/22/2003 1732-704-
5/22/2003 1776-835-
5/22/2003 2325-902-
5/22/2003 2397-003-
5/28/2003 173988
5/28/2003
5/28/2003 26306800
5/28/2003 26306800
5/28/2003 26306900
5/28/2003 26306900
5/28/2003 26367100
5/28/2003 26367200
5/28/2003 2319471
5/28/2003 2327396
5/28/2003 217642
5/28/2003 217643
5/28/2003 218489
5/28/2003 218489
5/28/2003 218490
5/28/2003 218490
Amount
$2,312.72
$4,445.61
$698.71
$191.86
$693.77
$1,584.34
$1,600.00
$1,600.00
$473.25
$466.00
$939.25
$1,600.00
$1,600.00
$69.97
$69.97
$8.33
$21.47
$16.82
$7.40
$33.62
$12.46
$15.12
$37.21
$17.92
$518.19
$7.40
$57.02
$2,409.26
$12.60
$24.20
$10.17
$3,209.19
$1,977.25
$1,977.25
$270.20
$270.20
$360.00
$954.25
$735.00
$600.50
$791.25
$472.80
$3,913.80
$121.94
$121.94
$243.88
$1,231.70
$257.70
$35.30
$915.45
$18.40
$1,629.60
~~~'J&'J:?.i:;r~~};!!,~~~~~t~~'a]f.Jili!m~~~~~~~;cl&~:s~~~~~r"~~'T;%~Ji:~:t~~~l:e:...~~~~
Thursday, May 22, 2003 Page 3 of 6
Check # Vendor Name Description Check Date Invoice # Amount
TOTAL FOR DAY DISTRIBUTING $4,088.15
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-WOO 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-AME 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-BLD 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIALS FEE-BA 5/28/2003 $100.00
35252 DEPT OF PUBLIC SAFET HAZ MATERIAL FEE-SE 5/28/2003 $100.00
TOTAL FOR DEPT OF PUBliC SAFETY $500.00
35253 EAST SIDE BEVERAGE 5/28/2003 392739 $420.25
35253 EAST SIDE BEVERAGE 5/28/2003 392740 $28.60
35253 EAST SIDE BEVERAGE 5/28/2003 392740 $979.35
TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,428.20
35254 EXCELSIOR CHAMBER FIREWORKS DONATION 5/28/2003 $2,000.00
TOTAL FOR EXCELSIOR CHAMBER OF COMM $2,000.00
35255 EXCELSIOR FIRE DISTRI 2ND OTR FIRE SVCS 5/28/2003 $97,177.57
TOTAL FOR EXCELSIOR FIRE DISTRICT $97,177.57
35256 GRIGGS, COOPER & CO 5/28/2003 708290 $540.60
35256 GRIGGS, COOPER & CO 5/28/2003 708599 $154.80
35256 GRIGGS, COOPER & CO 5/28/2003 708600 $1,313.11 .
35256 GRIGGS, COOPER & CO 5/28/2003 708603 $238.41
35256 GRIGGS, COOPER & CO 5/28/2003 708604 $1,558.45
35256 GRIGGS, COOPER & CO 5/28/2003 711699 $415.85
35256 GRIGGS, COOPER & CO 5/28/2003 711755 $0.85
35256 GRIGGS, COOPER & CO 5/28/2003 711926 $671.28
35256 GRIGGS, COOPER & CO 5/28/2003 711930 $292.93
35256 GRIGGS, COOPER & CO 5/28/2003 711931 $67.95
35256 GRIGGS, COOPER & CO 5/28/2003 711931 $532.86
TOTAL FOR GRIGGS, COOPER & COMPANY $5,787.09
35257 HAWKINS WATER TREA 5/28/2003 DM88462 $55.00
TOTAL FOR HAWKINS WATER TREATMENT $55.00
35258 HEALTH PARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $52.00
35258 HEAL THPARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $52.00
35258 HEALTHPARTNERS JUNE DENTAL PREM 5/28/2003 18571128 $482.80
TOTAL FOR HEALTHPARTNERS $586.80
35259 HOME SECURITY STOR CELLULAR VOICE DIALE 5/28/2003 46615 $4,041.00 .
TOTAL FOR HOME SECURITY STORE INC $4,041.00
35260 JOHNSON BROS L10UO 5/28/2003 1553107 $627.97
35260 JOHNSON BROS L10UO 5/28/2003 1553107 $1,022.21
35260 JOHNSON BROS L10UO 5/28/2003 1553108 $142.50
35260 JOHNSON BROS L10UO 5/28/2003 1553109 $503.00
35260 JOHNSON BROS L10UO 5/28/2003 1553109 $1,599.45
35260 JOHNSON BROS L10UO 5/28/2003 1556111 $151.50
35260 JOHNSON BROS L10UO 5/28/2003 1556111 $1,799.07
35260 JOHNSON BROS L10UO 5/28/2003 1556112 $124.00
35260 JOHNSON BROS L10UO 5/28/2003 1556112 $2,468.93
35260 JOHNSON BROS L10UO 5/28/2003 221132 ($27.55)
35260 JOHNSON BROS L10UO 5/28/2003 221133 ($27.50)
35260 JOHNSON BROS L10UO 5/28/2003 221134 ($22.65)
35260 JOHNSON BROS L10UO 5/28/2003 221135 ($6.92)
TOTAL FOR JOHNSON BROS liQUOR CO. $8,354.01
35261 KAR PRODUCTS SHOP SUPPLIES 5/28/2003 90005445 $238.84
TOTAL FOR KAR PRODUCTS $238.84
35262 LAKESHORE WEEKLY N L1Q SALE ADS 5/28/2003 101101 $142.50
.
.
Check # Vendor Name Description Check Date Invoice # Amount
35262 LAKESHORE WEEKLY N L1Q SALE ADS 5/28/2003 101101 $142.50
TOTAL FOR LAKESHORE WEEKLY NEWS $285.00
35263 MARK VII 5/28/2003 533412 $1,839.40
35263 MARK VII 5/28/2003 533413 $67.20
35263 MARK VII 5/28/2003 533421 $1,912.15
35263 MARK VII 5/28/2003 535933 $707.10
35263 MARK VII 5/28/2003 535934 $15.20
35263 MARK VII 5/28/2003 535935 $63.00
35263 MARK VII 5/28/2003 535944 $1,023.90
35263 MARK VII 5/28/2003 535945 $63.00
TOTAL FOR MARK VII $5,690.95
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $505.49
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $558.71
35264 MEDICA JUNE MEDICAL PREM 5/28/2003 10315213 $7,457.34
TOTAL FOR MEDICA $8,521.54
35265 METRO COUNCIL ENVIR JUNE WASTEWATER 5/28/2003 756183 $38,779.00
TOTAL FOR METRO COUNCIL ENVIRONMENT $38,779.00
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $114.73
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $86.05
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $86.05
35266 MN CONWAY AND FIRE FIRE EXTING TEST/CHGI 5/28/2003 322332 $286.83
TOTAL FOR MN CONWAY AND FIRE SAFETY $573.66
35267 MTI DISTRIBUTING COM BRAKE CABLES/SPRING 5/28/2003 352190-00 $127.91
TOTAL FOR MTI DISTRIBUTING COMPANY $127.91
35268 NATIONAL WATERWOR STAINLESS NUTS/BOLTS 5/28/2003 9355775 $353.04
TOTAL FOR NATIONAL WATERWORKS INC $353.04
35269 OFFICE DEPOT 5/28/2003 20289558 $53.14
35269 OFFICE DEPOT 5/28/2003 20330873 $46.22
35269 OFFICE DEPOT 5/28/2003 20330873 $110.71
TOTAL FOR OFFICE DEPOT $210.07
35270 OFFICE MAX CREDIT PL COUNCIL ROOM TABLES 5/28/2003 18699400 $127.78
TOTAL FOR OFFICE MAX CREDIT PLAN $127.78
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944587 $25.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944587 $78.85
35271 PHILLIPS WINE & SPIRIT 5/28/2003 944588 $687.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946885 $413.50
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946885 $72.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946886 $288.00
35271 PHILLIPS WINE & SPIRIT 5/28/2003 946886 $710.95
TOTAL FOR PHILLIPS WINE & SPIRITS $2,275.30
35272 POTTS, KENNETH N. FORFEITURE-20oo FORD 5/28/2003 $234.50
TOTAL FOR POTTS, KENNETH N. $234.50
35273 QWEST 5/28/2003 $57.89
TOTAL FOR QWEST $57.89
35274 SO LK MTKA POLICE DE JUNE LEASE PMT-PUB S 5/28/2003 $25,342.00
35274 SO LK MTKA POLICE DE MONTHLY BUDGET 5/28/2003 $51,977.00
TOTAL FOR SO LK MTKA POLICE DEPT $77,319.00
35275 TECHIES JUNE SVCS 5/28/2003 $500.00
TOTAL FOR TECHIES $500.00
35276 THORPE DISTRIBUTING 5/28/2003 295932 $30.15
35276 THORPE DISTRIBUTING 5/28/2003 295932 $1,908.02
"~~~~1J.Q",,";;jr.mif.l:il~'tiH:ir,~~:wz.!j'B'~~~1.Wl',;~~~~m;~~-&~~~~~~;~1!12Ei3ili1iiSa~'!~dlill!!ttilll~!~\~m:!'tt'I:t..fj~
Thursday, May 22, 2003 Page 5 of 6
Check # Vendor Name Description Check Date Invoice # Amount
35276 THORPE DISTRIBUTING 5/28/2003 295933 $13.15
35276 THORPE DISTRIBUTING 5/28/2003 295933 $1,933.87
35276 THORPE DISTRIBUTING 5/28/2003 296671 $1,469.25
35276 THORPE DISTRIBUTING 5/28/2003 296671 $13.15
35276 THORPE DISTRIBUTING 5/28/2003 296672 $1,544.65
35276 THORPE DISTRIBUTING 5/28/2003 296672 $39.45
35276 THORPE DISTRIBUTING 5/28/2003 296708 $168.00
TOTAL FOR THORPE DISTRIBUTING COMPA $7,119.69
35277 TONKA EQUIPMENT CO PRESSURE AERATOR ST 5/28/2003 10352 $94.73
TOTAL FOR TONKA EQUIPMENT CO $94.73
35278 TOTAL REGISTER SYST SVC CONTRACT 5/28/2003 15203 $1,300.00
TOTAL FOR TOTAL REGISTER SYSTEMS $1,300.00
35279 TWIN CITY WATER CLlNI APR BACTERIA ANAL YSI 5/28/2003 9781 $60.00
TOTAL FOR TWIN CITY WATER CUNIC $60.00
35280 UNUM LIFE INSURANCE JUNE L TD PREM 5/28/2003 $18.71
35280 UNUM LIFE INSURANCE JUNE L TD PREM 5/28/2003 $21.21
35280 UNUM LIFE INSURANCE JUNE L TO PREM 5/28/2003 $255.67
TOTAL FOR UNUM UFE INSURANCE CO $295.59
35281 WIDMER, INC. WATERMAIN BREAK @A 5/28/2003 6065 $3,570.00 .
TOTAL FOR WIDMER, INC. $3,570.00
35282 WINE MERCHANTS 5/28/2003 18032 ($16.58)
35282 WINE MERCHANTS 5/28/2003 18033 ($13.76)
35282 WINE MERCHANTS 5/28/2003 18034 ($15.16)
35282 WINE MERCHANTS 5/28/2003 73508 $487.80
35282 WINE MERCHANTS 5/28/2003 73509 $825.70
TOTAL FOR WINE MERCHANTS $1,268.00
35283 XCELENERGY 5/28/2003 0145-009- $16.03
35283 XCELENERGY 5/28/2003 0408-607- $61.83
35283 XCEL ENERGY 5/28/2003 0615-308- $3.14
35283 XCELENERGY 5/28/2003 06n -702- $483.83
35283 XCEL ENERGY 5/28/2003 1285-101- $16.75
35283 XCEL ENERGY 5/28/2003 1373-808- $7.94
35283 XCEL ENERGY 5/28/2003 1440-708- $122.44
35283 XCEL ENERGY 5/28/2003 1564-303- $8.08 .
35283 XCEL ENERGY 5/28/2003 1605-305- $98.56
35283 XCEL ENERGY 5/28/2003 1724-866- $78.01
35283 XCEL ENERGY 5/28/2003 2001-503- $20.97
35283 XCEL ENERGY 5/28/2003 2095-300- $1,572.64
TOTAL FOR XCELENERGY $2,490.22
TOTAL CHECKS $313,218.11
~U,\\"i!;l;cr~'i1W;~i,:I11il;:1t-~';T!&:W"::",I(!~~~~'S'i:r::,;zrr(!!t'..l;!1.:'!;{'$.!.~~:~~~~~~~""",-"A\~lt:.l~~~~~;;,,,..~Vll<"'-;:==-:~~~1lil
Thursday, May 22, 2003 Page 6 of 6
PAYROLL APPROVALS
For 5/27/03 Council Meeting
.
(J~~ c2L
.
Date: 5-02/-03
Date: is!u,,03
Date: 05 J2.IJ.5
Payroll Register .,
Check # Last Name First Name MI Check Amt Check Date
2130 BAILEY BOYD C 1,377.57 5/20/2003
2131 BURTON BONNIE M 1,871.21 5/20/2003
2132 DAVIS CHARLES S 1,083.00 5/20/2003
2133 EISCHENS JAMES E 853.26 5/20/2003
2134 ELKE CATHERINE M 880.78 5/20/2003
2135 FASCHING PATRICIA L 819.32 5/20/2003
2136 FIELD DALE F 663.81 5/20/2003
2137 GARFUNKEL JOHN J 184.70 5/20/2003
2138 GROUT TWILA R 870.50 5/20/2003
2139 HELLING PAMELA J 484.74 5/20/2003
2140 HIRSCH DANA M 101.75 5/20/2003
2141 JOHNSON DENNIS D 1,157.18 5/20/2003
2142 LIZEE CHRISTINE G 184.70 5/20/2003
2143 LUGOWSKI JOSEPH P 1,236.D1 5120/2003 .
2144 MASON BRADLEY J 1,134.41 5/20/2003
2145 MOORE JULIE K 109.48 5120/2003
2146 NIELSEN BRADLEY J 1,120.99 5120/2003
2147 PANCHYSHY JEAN M 1,156.14 5/20/2003
2148 PAZANDAK JOSEPH E 1,474.78 5/20/2003
2149 RANDALL DANIEL J 1,487.75 5/20/2003
2150 SCHMID CHRISTOPHER E 649.38 5/20/2003
2151 STARK BRUCE H 1,079.83 5/20/2003
2152 SW ANDBY DONALD R 1,573.94 5120/2003
2153 TOWER TERRY R 999.57 5/2012003
2154 TURGEON LAURA 184.70 5/20/2003
2155 ZERBY MICHAEL S 184.70 5/20/2003
217823 ARMSTRON MICHAEL R 115.18 5/20/2003 .
217824 BAKER RICHARD M 118.10 5120/2003
217825 BROWN LAWRENCE A 1,928.76 5/20/2003
217826 DAWSON CRAIG W 1,758.43 5/20/2003
217827 GRAHN SUZANNE M 84.84 5/20/2003
217828 HELGESEN PATRICIA R 1,217.67 5/20/2003
217829 LATTERNER SUSAN M 163.59 5/20/2003
217830 LOVE CLIFFORD W 222.15 5120/2003
217831 PARENT MICHELLE L 206.12 5/20/2003
217832 PLATHE CRAIG V 107.98 5120/2003
217833 THURSTON DOROTHY M 107.98 5/20/2003
Total of Checks $28,955.00
Wednesday, May 21, 2003
Page 1 of 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
Menuandum
.
Date: 05/19/03
To: Mayor and Council Members
From: Twila Grout, Park Secretary1>Q
CC: Craig W. Dawson, City Administrator ~
Re: Approving Fireworks Dealer License Application
Businesses selling fireworks within the City of Shorewood must complete an annual
license application, proof of insurance, provide a detailed site plan and pay the
appropriate license fee. The applicant Oasis Market has met these requirements.
Council Action
.
Approve Fireworks Dealer License application for Oasis Markets for license period
of June 1, 2003 to May 31, 2004
1
#',3B
ft .
~~ PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
Receipt No.~ 538
Applicant's Full Legal Name "-....5. <Dt\- l (LQ_/
First Middle
Address c;2D3-0 Sl\\1P J/ ~ ~_' ~lL0k 2~
Street Address
%:() Wm N\ U ~ \~ Phone to S-' -t{ 52- --Cj10 /
City ~ State ZiP. . c;.)( -{ .- 13 a
Address odegs\ descripti?~ of ~~ to be licensed: ~S.\ S r'{)0A~ _ .
m ~ 0$ \<;~!tY\ WLUYl \Q[t" ~Q1JO JDQCX! ~ . SS:~I
~
.~
..'f::....,/
FIREWORKS DEALER
LICENSE APPLICATION
License Fee ~.oo
License Peliod: June 1- May 31,;<
Permit No.
. N1e/u'fj(),S
Last
Name, Address & Phone of person in charge of the lice~ed premise:, ~
S D1-t .c->\e\Jf~ [~.I'\X:l/\ voJb. In.VfY.(-r.. .' ..V1JJJ-e lc,(7 - '-I~/-(-l~
Name Address \/ ~/~ Phone .
Check one: Applicant is: _Natural person ~orporation ~artnership _Other
r€~e one:
\,. ~/ NO
....:::....
Is this application for premises either planned or under construction or undergoing substantial
alteration? If YES, attach a set of preliminary plans, unless on file with the City's Building
and Inspections.
Does Applicant own the business premise? If NO, attached a true and correct copy of the
current, executed lease, and written authorization of the property owner for the applicant's use
of the property for the sale of permitted consumer fireworks.
List hours of operation, on-site personnel management and parking facilities:
YES (~~;\
........)
.~>. .
YES NO
All real estate and personal property taxes that are due and payable for the premises to be
licensed have been paid. If NO, list years and amounts unpaid
.
~ATTACH a detailed site plan illustrating and describing the proposed sales and storage areas covered by the license.
PROVIDE a valid certificate of insurance stating the applicant's use of the property is covered by a liability insurance
policy with the following minim coverage: Each Claim $200,000; Each Incident, $500,000
~-
licant's Signature
Date
..___........_....................................................._.OfficeUse.---..................................-.....--..............-....
Approved by
City of Shorewo
t/ -~ q ..t).3
Date
Approved by
Fire Marshal
Approved by
City of
Date
0/(,-~~~
Date
.
.
Ma~ l~ U::I Ul:i:4l:ia
Ha~ 05 03 11:338
IWIN ~111~~ ~IU~~~
Cit~ Shorewoocl
l::i~ 1 ~U~'I'I'Il::i
9524740129
p.~
p.2
~
-* (..q};;
FIREWORKS DEALER
LICENSE APPLICA nON
License Fee $435.00
License Pedod: June 1- May31,~~&''f
Permit No.
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
Receipt No.mS38
Applicant's Full Legal Name:--S <Dtt- l 0 0-,
Fint Middle
Addre5$ ~ S,\\}{'J./8e.!LCRd_, ~~ 2.~
Street Addt'l:Sl;
2:.U M V\ N\ U ~\ ~ Phone II) )"1 ~t.( S"2.. -€II CO I
City ~e Zip. c;.X-{ ~ /30
Add.....or~~OC~ "be~d:_ ~S.\?:> _~~
6)\.\.?io~ I.~~ wu)Y) ~U. ,~~:LU!XllJ.l.illJ ~1
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Last
Name, Address & Phone of person in charge of the li"Red premise:
.5 ctt :=--;>tf>UfJ'S:> l~ hJAM vol-h In..Uf V(\11IlJ'e (po:1- L{~I-q59f
Name Adcha& \/ ~./~ Phone
Check one: Applicant is: ~atura1 person ~rporation _Partnership _Other
~e oae:
~" NO
AIL real estate &m! personal property til-xes that are due and payable for the premises to be
licensed have been paid. If NO, list years and alllOunts unpaid
YES
C!i0
.......
Is this application for premises either planned or under construction or undergoing substantial
alteration? If YES, attach a set of prelimiNrY plans. unless on file with the City's Buildilli
and Inspections.
Does Applicant own the business premise? If NO, attached a true and correct copy of the
current, executed lease. and written authorization of the propetty owner for the applicant's use
of the property for the sale of pennilted consumer fireworks.
List hours of operation, on-slte personnel management and parkiDg faclUtIes:
~~ ~:6~:OO
. d~ (, :00- Uioo
~A TTACH a detailel1 sile plan illustrating and describing the proposed sales and storage areas covered by the. license.
PROVIDE a valid cert.ific&tCl of insure.ncc stating the applicant's use of the property is covered by a UabiUty insurance
policy with the following minim .. overage.: Bach Claim $200,000; Each Incident,. $500,000
-->i?
e
NO
Date
__IIII_.__...-...--..---_.___...._._....__........_"Ofllc:e Use---......-......---.---...----.......-.-...
Approvedby ~~~ (). rL,#I-,,- )
City of Sh0te7 ~nini96ector
Approved by
City of Shorewood Deputy Cleric
Approved by
Fire Man;hal
1../ -.;l q ..eJ..3
Date
Date
Date
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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
FROM:
Brad Nielsen
.
DATE:
22 May 2003
RE:
Carpenter-Rand, Deborah - Appeal Notice to Remove
FILENO.:
Property(5885 Hillendale. Road)
In response to a neighborhood complaint, our office sent a "Notice to Remove" to Ms.
Deborah Carpenter-Rand at the above-referenced address (see Exhibit A, attached). Ms.
Carpenter-Rand has now appealed the notice (see Exhibit B). Although not specific, her
appeal asks for additional time to comply with the Notice with respect to one unlicensed
vehicle, which is involved in an insurance claim dispute.
.
Assuming the owner has corrected all other items listed in the Notice as of Monday, it is
recommended that an additional 60 days be granted for the one vehicle in question, after
which the vehicle must be removed from the site. Failure to comply with the extended
deadline should result in legal action without further notice.
Cc: Craig Dawson
Ken Potts
Joe pazandak
Deborah Carpenter-Rand
n
'-.1 PRINTED ON RECYCLED PAPER
.# 3.f-.
..
........-..,.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@ci.shorewood.n:m.us
DATE: 9 May 2003
TO: Charles P. Rand
5885 Hillendale Road
Shorewood,~ 55331
PROPERTY LOCATION: 5885 Hillendale Road
PROPERTY IDENTIFICATION NO.: 35-117-23-31-0027
NOTICE TO REMOVE
Offensive and Unhealthv Substances
NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced propertY \
which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of \
which Section is enclosed. The offensive matter to be rem.oved from the property includes, but is
not limited to the following: ' .
.
, UNLICENSED AND/OR INOPERABLE VEHICLES OR EQUIPMENT:
Chrysler LaBaron (white), License No. DFB 208 (June'02) expired
Ford Taurus (black), License No. CDF 882 (Sept'Ol) expired
OTHER:
Carpeting; cardboard boxes; microwave oven; bed frames; pots; dishwasher;
cement blocks; towels; ha:rnmock parts; ti,re; water tank trailer; rug; LP tan,ks; pail;
battery; similar miscellaneous. '
.
You are hereby required to remove the above-described matter and any other offensive matter
located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from
the date hereof. In the alternative, you may file a'written notice of appeal at the Shorewood City
Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly
scheduled meeting of tp.e City Council.
If you do not respond to this Notice within ten (10) days, the City shall take whatever action as
may be necessary to have the offensive matter removed. The costs incurred by the City for such
removal shall be charged to the property owner and become a lien against the property.
*** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION ***
BY ORDER OF THE SHOREWOOD CITY COUNCIL
...
t..1 PRINTEO ON RECYCLED PAPER
Exhibit A
i,
J
...
May 16, 2003
Dear Sir! Madam:
A letter was received, dated May, 09, 2003, from the City of Shorewood,
regarding items on the property at 5885 Hillendale Road, Shorewood, needing to
be cleaned-up or removed. Corrective action has been taken regarding the items
listed in the letter, with the exception of a 1991 Ford Taurus that does not have
current licensure.
.
This vehicle is involved in an ongoing insurance claim with Unitrin Insurance
Company. The original claim was filed November 2001 and is yet unresolved due
to a number of errors by the insurance company. For example, they have
inadvertently closed the claim, in error, twice within the time period of November
2001 to date. I have been informed the vehicle has been deemed a "total loss"
and we are currently nearing resolution of claim.
I am kindly requesting the City grant an extension with regard to the 1 O-day time
limit during which corrective action must be taken. This additional time would
apply to the above said vehicle only, and should allow for satisfactory resolution
of the claim and removal of the vehicle from the property.
.
Thank you for your consideration.
Kindest regards,
tx{I)1LML'I/L, ~ -~
Deborah M. Carpenter-Rand C6IJ"",:::;
5885 Hillendale Road
Shorewood, MN
MAY 1 6 2003
Exhibit B
April 18, 2003
!
;
I.....
APfI 2
1 2003
Brad Nielson
City Planner
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
AND VIA FAX 952/474-0128
Dear Mr. Nielson:
Re: 4485 Enchanted Point
Proposed Swap of Land with City
.
We recently had my father's home surveyed at 4485 Enchanted Point. The survey
revealed that the city road encroached on the northeast portion of our property.
My father, who turns 91 in December, would like to see any inconsistencies in the survey
and the current use by the city corrected prior to his death. It probably isn't practical to
reroute the existing road and that would also cause disruption and inconvenience to the
neighbors. What makes sense is to swap the city land that borders the northwest comer of
our property with land from our northeast comer where the city road encroaches (see
sketch attached). I am also sending this letter today by regular mail with a copy ofthe full
survey.
.
The swap is of benefit to both parties. We will swap enough land to allow someday for
the city to be able to widen the road. The piece we receive from the city is an isolated
parcel between the city road and our land. It will eliminate confusion over the care and
clean up of the city piece. It will also round out the northwest comer of our property
making it a more conventional lot. Finally, a new survey and description would be
accurate.
If this proposed swap could get preliminary approval by the city, we will have a survey
completed on the two pieces of land to be swapped in anticipation of a formal hearing
on this matter. I look forward to bearing from you at your earliest convenience.
Thank you in advance for reviewing this request.
Yours truly,
~I!:ti!:r
952/830-0314
-:IF 30
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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
Menmnxhm
.
Date: OS/22/03
To: Mayor and Council Members
From: Don Swandby - Liquor Operations Manager
CC: Craig Dawson - City Administrator (S)
Re: Appointment to Regular Full-Time Status- Dale Field
Dale Field's probation period has ended as of April 29, 2003. It is without hesitation that I
recommend Dale for regular full-time appointment.
Not only has she taken on her duties as Full-Time Clerk II, she has shown the ability to, in
the absence of management, assume the responsibilities of management in a successful
manner. This is perhaps the easiest and most deserved recommendation of my tenure to date.
.
With the permanent appointment comes a six-month salary step increase. It is recommended
that this increase become effective retroactively to April 29, 2003.
1
:tI3E
ft
'-.1 PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 03-
A RESOLUTION APPROVING THE APPOINTMENT OF
MS. DALE FIELD AS A REGULAR FULL-TIME LIQUOR CLERK II
WHEREAS, Dale Field was hired by the City of Shorewood on October 28,
2002; and
WHEREAS, her six-month probationary period ends on April 28, 2003; and
WHEREAS, the Liquor Operations Manager has reviewed her performance and
has recommended that the City Council appoint Dale Field as a regular Full-Time Liquor
Clerk II.
.
NOW, THEREFORE BE IT RESOLVED the City Council of Shore wood does
hereby appoint Dale Field as Full-Time Liquor Clerk II for the City of Shorewood.
ADOPTED by the City Council of the City of Shorewood this 27th day of May,
2003.
WOODY LOVE, MAYOR
ATTEST:
.
CRAIG DAWSON, CITY ADMINISTRATOR
.
.
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (952) 474-3236 Fax (952) 474-0128
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor and City Council
Craig Dawson, City Administrator
&
Larry Brown, Director of Public Works
May 22, 2003
Approval of Contract of Cleaning Services - Public Works Facility
24200 Smithtown Road
The service provider that cleans the public works offices has given notice. His last day was May 11 tho
The City has solicited a proposal from Coverall Cleaning Concepts. This firm currently services the
City Hall facility. Attachment 1 is the proposal provided. The proposal provided is to clean the
offices, restrooms and break room of the public works building, at a price slightly lower than what was
being charged by the previous vendor. This company, Coverall Cleaning Concepts, has performed
well at City Hall, and is bonded and insured. Costs for the cleaning contract are $184 per month, for a
once per week service interval.
Recommendation
Staff is recommending approval of a motion that accepts the proposal for cleaning services from
Coverall Cleaning Concepts, Inc. for the Shorewood Public Works Facility.
:It 3r
OS/22/2003 e9:~2
9528~41el09
COVERALL TWIN CITIES
PAGE 131
T
....
....
...
..,.
.....
...
....
....
COVERALL'S cleDning conn-ac'L agreement
The undersigned hereby accepts the Pn:7posal of COVltR.ALL OF THE TWIN CITJ:ES. XNC.
to supply janitorial services f'or out" premises described as follo'llVs:
City of SlIOJ:"0W'ood, Public Works Departmen1:
5755 CODn'try Club Road
Sborewood. MN 55331
wi.th the following teons:
1 Time Per Week Service
*
1. COVERALL'S service charge 'Will be $184.00 per MONTH. Service will be provided
in accordance with COVERALL'S work schedule attached hereto and au integral part of
this agreem~t. (Price listed above does not include applicable local sales tax.)
2. COVERALL "Will perform all janitorial services specified in. the attached W'oo-k schedule
in a good and 'WOrkman like manner consistent with industry standards. At no tim.e and in no
event shall COVERALL be responsible :fur the clean-up or disposal ofha:cardous rnatmia1.s
belonging to Custom.er or its clients. In the event of'non-perfo:r:rna:nce by COv:ERALL. the
customer shall first give verbal notification. fhUowed by written notification to
COVERALL.
*
*
.
3. All equipment and cleaning supplies will. be furnished by COVERALL. with the
exception of liners and toiletries, which can be provided at _holesale prices.
*
4. The price quoted above is good until June 1, 2004 uuless custom.er changes scope of job.
(Price increases in 2002, 2001. 2000, .and 1999 averaged 4%.)
5. This contract may be cancelled 'With a thirty (30) day D.otice. In the event the cUl!.tCIJner
cancels without a thirty (30) day priOT notice, COVERALL shall be entitled to one month's
service charge.
*
6. In the event of default on paYlTlent., customer agrees to pay su.ch additional sum as the
Court may adjudge reasonable as attomcy's fees. all Court costs, at'l.d late fees of 1 'h. % per
month.
*
7. Customer agrees 110t to hire any COVERALL or franchisee persoIlnel for 18 months after
end of contract.
*
This agreem.ent entered intg and accepted on this _ day of
, 2003 by:
Signed
COVERAL~
((2-u.~' . ..~.Signedb'Y
CUSTOMER
COVERALL O:F THE TWIN CrrIES. :INC.
On behalf of':
City ofShoreW'Ood. Public Woo:lcs Departlnent
.
Service to commence
. .
.:,
.
.
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (952) 474-3236 Fax (952) 474-0128
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works ~
May 22, 2003
FROM:
DATE:
RE: Resolution Accepting Bids and Awarding Contract for Bituminous Seal Coating of
Roadways Within the Cities of Shorewood, Excelsior and Tonka Bay
Engineering File No 03-02
Bids were received, opened, and tabulated on May 21st for the bituminous seal coating of roadways for
the Cites of Shorewood, Excelsior and Tonka Bay. Table 1 is a summary of the bids received.
Vendor
Bid Amount for Shorewood
Total Bid Amount
All Cities
$54,023.36
$56,027.95
Pearson Bros., Inc.
$29,075.08
$29,138.00
Allied Blacktop
Table 1
Pearson Bros., Inc. is the lowest responsible bidder. The award of the bid is based upon the total bid
amount for all cities.
Prices obtained were lower than what has been experienced the past few years. The City budget
encumbers $55,000 per year for the seal coating of roadways. Considering the $13,395.26 that the
City has already paid for rock material (under a separate bid letting) and the subject contract, the
current tally of costs are expected to be $42,470.34.
Over the past few years, the Public Works Department has modified the selection process by which
streets are to be seal coated each year. Years prior, roadways were selected on a "patchwork" type
pattern. Since that time, it was decided that seal coating would be performed on a block or grid
pattern. This eliminates unnecessary truck traffic through neighborhoods, expense of additional travel,
and provides predictability for residents in a neighborhood.
:tI36s
t
Mayor and City Council
Award of Seal Coating Contract
May 22, 2003
Page 2 of 2'
\"
Attachment 1 is a map of the roadways to be sealed. The south frontage road to State Highway 7,
between Old Market Road and Vinehill Road, was eliminated during the design phase to keep the
project under budget. Based upon the bid results received, there appears to be adequate funds available
to reinstate this roadway into the project. This would increase the subject contract by $7,500. The'
revised total for Pearson Bros. would be $36,575.08.
The final amount paid under the contract is determined by the actual volume of oil applied, and the
weight of the cover aggregate placed. Inspection personnel monitor and tally each roadway to track
quantities and payment amounts. While not an exact science, the addition of computerized applicators
has increased the accuracy of this process greatly. Nevertheless, since the quantities are not exact, a
contingency amount needs to be present to allow for differentials in the quantities.
Therefore, to provide contingency, and the addition of the south frontage road, Staff is recommendina
that the contract be awarded to Pearson Bros., Inc. for an amount not to exceed $41,600. This will
keep the overall contract costs within the $55,000 budgeted for the year 2003.
Recommendation
Staff is recommending approval of the attached resolution that accepts bids and awards the contract for
Bituminous Seal Coating of Roadways within the City of Shorewood, Excelsior and Tonka Bay to
Pearson Bros., Inc.
.
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_1"1 BITUMINOUS SEALCDA TlNG
It. IIY
. ... OF STREETS
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lltUI'DCLP"''= ...< cmlJF" CITY PROJECT NO. 03-02
,.. 04./1(/03 SHORE'WOOD
lDCA nON
PROJECT
MAP
AREA
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CITY OF SHOREWOOD
~,
RESOLUTION NO. 03-_
A RESOLUTION ACCEPTING BID AND A WARDING CONTRACT FOR
BITUMINOUS SEAL COATING OF STREETS
WHEREAS, pursuant to an advertisement for bids for local improvements
designated as Bituminous Seal Coating of Streets for the Cities of Shorewood, Excelsior,
and Tonka Bay, Minnesota, City Project No. 03-02, bids were received, opened on May
21, 2003 and tabulated according to law, and such tabulation is attached hereto and made
a part hereof as Exhibit A; and
WHEREAS, the City Council has determined that Pearson Bros., Inc. is the
lowest bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
.
1. That the Mayor and City Administrator/Clerk are hereby authorized and
directed to enter into a joint contract with the Cities of Shorewood, Excelsior and Tonka
Bay, and the firm of Pearson Bros., Inc. in the name of the City of Shorewood, 2003
Bituminous Seal Coating of Streets, Project No. 03-02, according to the plans and
specifications therefore approved by the City Council on file in the office of the City
Administrator/Clerk.
2. That the City Administrator/Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their bids, except for the deposits of
the successful bidder and the next lowest bidder, which shall be retained until a contract
has been signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 2ih day of May, 2003.
.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
#
.
City of Shorewood
Bid Tabulation
Bituminous Seal coating of Streets 2003
For the Cities of Shorewood ,Tonka Bay and Excelsior MN.
~
.
B i ds Opened . 1 0: 00 A. M May 21 2003 Eng i neer: City of Shorewoo d
. . ,
'1ll'IIIIill,IIIlllIIllI,IIIIlllI,l'lllllllllllllll'II1,111,IIIIIIIIIIIIIIIIIIIIIII,I,111IIII~lllillllllll"i,I~IIIIIIII!IIII!i!IIII'IIII!I'llilll~~I~'IIII~IIII:1111,1,1111:111'1:1111111111I111
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.......................................................................
::~II:~: ill.81::1111::;
1 Pearson B ros. In c. Yes $ 54,023.36
2 AI I ied B lacktop Yes $ 56,027.95
3
4
5
6
7
8
9
1 0
1 2
1 3
1 4 Engi n ee rs Esti m ate P roiect $67 , 400
1 5 Engi n ee rs Est i mate Sh 0 rewood Po rti on $36 , 1 00
.
I hereby certify that this tabulation is a correct and
true representation of the bids received on this date
for this Improvement Project
~ .;tIp ~
~rown,
Director of Public Works
Craig Dawson
City Administrator/Clerk
0.2.1. 0>
,
Date
Date
Exhibit A
J.
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, MAY 13, 2003
5755 COUNTRY CLUB ROAD
CITY HALL
7:00 P.M.
MINUTES
DRAfT
1.
CONVENE PARK COMMISSION MEETING
Chair Arnst called the meeting to order at 7 :02 P.M.
A. Introduction of New Park Commissioner
Chair Arnst introduced and welcomed Commissioner Gilbertson to the Commission.
B.
Roll Call
Present:
Chair Arnst, Commissioners Davis, Gilbertson, Meyer, and Young; Late
Arrival Engineer Brown; City Council liaison Turgeon
.
Absent:
Commissioners Callies and Palesch
C. Review Agenda
Chair Arnst added three items, A-C, to New Business item #7. Including New Commissioner
Orientation, Soccer Field Placement, and Emailing Park Packets.
Davis moved, Meyer seconded, approve the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of April 8, 2003
Meyer moved, Davis seconded, approving the Park Commission Meeting Minutes of April
8, 2003, as submitted. Motion passed 4/0/1, Gilbertson abstaining.
.
3.
MATTERS FROM THE FLOOR
Chris Lizee, 27055 Smithtown Road, thanked the Park Commission for opening Eddy Station
Concessions. She stated that it is a wonderful concession building and regrets that TUSA
declined to participate. As a parent and potential volunteer, Ms. Lizee asked if the Commission
had a schedule that parents could sign up to volunteer their services at the concessions the
evenings it is not manned now. She complimented MGSA for their efforts to run the concessions
on Tuesday and Wednesday nights and stated that she knew parents who would like to volunteer
for Mondays and Thursdays.
Meyer asked what method Lizee would use to recruit these folks.
Ms. Lizee stated that she would speak to both parents and coaches to recruit volunteers, and was
already familiar with some interested parties.
Gilbertson suggested the City begin a waiting list for interested volunteers to register.
Brown arrived at 7:17 P.M.
Chair Arnst asked Brown to have Park Secretary Twila Grout create a calendar for volunteers
that Ms. Lizee could circulate, which might include Sundays.
.1:1:5 A
PARK COMMISSION MINUTES
Tuesday, May 13,2003
Page 2 of 5
Brown stated that the current concessionaire contract did not include Sundays. He pointed out
that he had just come from Freeman Park and that even with three volunteers, the customers were
lined up to the ballfield backstops. He explained that, while recruiting volunteers would be a
noble mission, training those volunteers every night takes greater commitment. While he could
not commit, he believed that between, Ms. Grout, Mr. Davis, and himself, someone could be
available to train on Sundays.
it
Meyer suggested that the concessionaire consider finding someone to specifically run the
concession operations on Sundays, so that City staff would not be burdened with the
responsibility .
While he fully supported recruiting volunteers for Monday and Thursday evenings, Brown
indicated that he would explore the possibilities for Sundays.
4. REPORTS
A. Update on Park Coordinator Progress
.
Brown asked CRR representative, Kristi Anderson, to give a brief report.
Ms. Anderson stated that, in CRR's view, their position as Park Coordinators for the City of
Shorewood has been very successful to date. She reported that collection of 90% of the required
sports organization data and fees were completed within one week of the spring sports information
meeting held in February. Soon after collection, CRR worked with sports organizations preferred
time slots, and individual sports representatives to resolve conflicts, to create a finalized sports
schedule.
Ms. Anderson stated that the biggest challenge had proven to be roster collection and a new request
for schedule utilization data, in order to allow CRR the ability to compare schedules to usage. Since
the 2004 spring information meeting was tentatively slated for NovemberlDecember, she voiced her .
concern with regard to supplying schedules prior to collecting fees and documentation for the next
year.
With regard to on-site monitoring, Ms. Anderson indicated that CRR has made, and will continue, to
make visits to the parks to analyze usage and parking. She stated that upon a visit over the past
weekend, several scheduled fields were not in use, including all of the soccer fields and softball
fields. She pointed out that after speaking to a representative of TUSA working on striping the
fields, she learned that TUSA does not use the Freeman ree fields on the weekends at all. Tim
BeDuhn, representative of STLL, was pleased to see a representative of the City assessing the field
use and stated that he felt things were going well with regard to usage and parking so far. He asked
about the menu offered by the Eddy Station concessions, and Ms. Anderson relayed this to the
Commission.
Ms. Anderson informed the Commission that the fall sports information meeting would be held on
Thursday, May 29,2003, and invited the Commissioners to attend.
B. Update on Eddy Station
Brown had nothing further to add to the earlier discussion.
PARK COMMISSION MINUTES
Tuesday, May 13, 2003
Page 3 of 5
Meyer indicated that Bennett Family Park had done the City a big favor, with regard to concessions,
and reminded staff to acknowledge them for their assistance.
C. Recreation Parks Association
Young reported that the Minnesota Park and Recreation Association was very enthusiastic to support
Shorewood and provide speakers for the seminar series this fall. They, too, believed that the goal for
the seminar, to be held October 14, 2003, should be to share trends, communicate successful
practices, and network with other commissions. Young noted that the Mn. Park and Rec. Assoc was
committed to developing and mailing brochures and invitations, and handling registration for the
event at the Southshore Center. They believed that an initial goal of 30 people at approximately $10
per person would be realistic. He indicated that he and Chair Arnst would be meeting with the
Association again on June 12 to refme the format and agenda.
.
Chair Arnst added that the Association complimented Shorewood for its continued initiative and
would try to find Commissions with similar hands-on commitment to participate. She indicated that
Victoria had already expressed interest in the event and that Shorewood would have additional input
into the agenda and guest list. She stated that this would, hopefully, be the first in a three part series
of seminars.
Brown asked if 20-30 attendees was realistic or enough.
Chair Arnst stated that the Mn. Park and Recreation Association was of the opinion that quality was
more important than quantity when it came to attendees. She stated that the guest list would likely be
made up of 100 + individuals, with a turnout of potentially 30-35 people.
Meyer questioned whether Chair Arnst found the new direction the event was taking to be
acceptable.
.
Chair Arnst maintained that the direction was not too different and that Shorewood should still be
able to add to the agenda and offer input to shape the event.
Brown complimented the Commission for being on the cutting edge.
Chair Arnst stated that, it seems, most people are surprised at the accomplishments made by a small
community like Shorewood on its park front and told the Commissioners they had much to be proud
of. She added that the Association and others wish to hear more from Community Rec Resources.
5. DISCUSS SCHEDULE AND FORMAT FOR UPCOMING EVENTS
A. Park Tours
Chair Arnst suggested the Commission take a riding road tour of the parks via a Southshore senior
center bus, and visit other points of interest in Deephaven and Chanhassen as well. She informed the
Commission that the Park Foundation would like to buy them dinner at Freeman Eddy Station
concessions one night and have an informal discussion. She asked Brown if the Commission might
visit the public works maintenance buildings and view the equipment used in the parks on the park
tour.
PARK COMMISSION MINUTES
Tuesday, May 13,2003
Page 4 of 5
While the Commissioners liked the idea of a roadtrip, Young questioned whether they would be able
to view the parks up close and personal enough to note repairs.
Brown stated that, as it is their job, the public works staff, namely Mr. Davis, usually sees and takes
care of all of the repair work necessary in the parks. He pointed out that it is the job of the Park
Commission to look beyond the repair work, at policy, what's happening in the parks, what's right,
what's wrong, and craft a vision that each of the parks should evolve into.
Meyer felt it to be an important piece of orientation for new commissioners to view all of the parks.
Brown agreed, noting that the orientation would accompany the park tour.
B. Joint Meeting with Park Foundation
Chair Arnst asked the Commissioners to provide her with any suggestions within the next couple of .
days in regard to the second meeting in June for the joint Park Foundation meeting and park bus tour
slated for July 8, 2003.
C. Determine Liaison for City Council Meeting of May 27, 2003
Commissioner Davis volunteered.
6. DISCUSS JOINT MEETING WITH CITY COUNCIL
Brown indicated that a second joint City Council meeting would likely happen in July/August and
asked for any comments with regard to the one held this spring.
Although she enjoyed and learned from the joint meeting, Davis stated that she felt the City Council .
rushed through their presentation in order to adhere to the schedule, and perhaps she would have
liked to hear more.
Chair Arnst agreed, stating that the meeting seemed rushed and should last longer when all three
groups are present. She felt that it was exciting to have both Commissions and Council at the same
meeting and that an interesting commentary could have occurred provided there was more time.
7. NEW BUSINESS
A. New Commissioner Orientation
As new commissioner training was very important, Chair Arnst reminded staff to utilize the
spiral bound orientation handbook developed in 2001 for the Administrator to present to
Commissioner Gilbertson.
Although staff is currently carrying a heavy burden, Brown indicated that they had discussed the
topic of orientation and acknowledged that it needs to be handled as soon as possible.
Chair Arnst added that the fall seminar series would also provide an invaluable training tool for
cities.
PARK COMMISSION MINUTES
Tuesday, May 13, 2003
Page 5 of 5
B. Soccer Field Placement
During a recent conversation with Gordon Lindstrom, of Adult Softball, Mr. Lindstrom pointed
out to Chair Arnst the dangerous proximity of the soccer fields to the softball fields. She stated
that the soccer fields had been marked right up to Softball Field #6 and she and Lindstrom were
concerned about the safety of kids playing soccer so close to the softball fields. Since there was
plenty of room to do so, she asked that staff ask that the soccer fields be moved over 50' for
safety reasons.
C. Emailing of Park Packets
Brown stated that the packets wouldn't typically be emailed to the Commissioners, however, he
had been held up by a three day watermain leak.
Gilbertson indicated that he would not have a problem with receiving packets by email.
.
Meyer stated that she would prefer to receive the packets further than 24 hours in advance to
review the material.
D. Other New Business
Brown reported that the City received a call from Charlotte Beaddy, of the Senior Center, to
reserve the Badger tennis courts. She had indicated that MCES had referred her to the City, since
they no longer handle scheduling for the City. He noted that they would be reserving the courts
on Mondays from 9-11AM from May 26th through mid October.
.
Since the new conceal and carry law exempts city owned properties, Turgeon reported that the
City Council adopted a resolution to encourage the league of Cities to continue to lobby for
additional language to be added that allows cities to post no weapons signs on public property.
She stated that there is great concern among the Council members, Mayor, and staff for the
safety of city employees and citizens in our parks.
With regard to the parking issue in Freeman Park mentioned earlier, Gilbertson suggested that
the Commission consider posting 'car pool' parking spots in the parking lots to encourage greater
car pooling by patrons. He felt self policing by residents would work wonders.
8. ADJOURNMENT
Young moved, Gilbertson seconded, adjourning the Park Commission Meeting of May 13,
2003, at 8:12 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED.
Kristi B. Anderson
Recording Secretary
CITY OF SHOREWOOD
PARK COMMISSION WORK SESSION
TUESDAY, MAY 13, 2003
5755 COUNTRY CLUB ROAD
CITY HALL
7:30 P.M. OR IMMEDIATELY
FOLLOWING REGULAR MEETING
MINUTES
1. CONVENE PARK COMMISSION WORK SESSION
'," .
DRAfT'
i\f,... .
Chair Arnst convened the Work Session meeting at 8:20 P.M.
A.
Roll Call
Present:
Chair Arnst, Commissioners Young, Meyer, Davis, and Gilbertson;
Engineer Brown; Engineering Technician Bailey; and City Council liaison
Turgeon
Absent:
Commissioners Callies and Palesch
.
B. Review Agenda
2.
MASTER PLAN I CIP
A. Discussion of Implementation of Master Plan Recommendations and
Allocation of Funds
Chair Arnst stated that the Commission had the opportunity to evaluate the CIP for the first time in
over two years, due to a positive balance in the budget from recent park dedication fees. She
indicated that the fund had a $27,000 balance, less $1,000 for the purchase of concession equipment.
She asked the Commission to consider whether they wished to spend some of the budget this year or
prorate it over the next few years, since little money is generated each year.
.
Although not included in the budget, Brown noted that the Park Fund would likely be receiving
funds from the Linden Hills subdivision and the Capestone developments at a later date. He stated
that, typically, the city sees 8-10 simple subdivisions per year from which park dedication fees are
required. Brown suggested the Commission consider pursuing other opportunities for generating
revenue down the road, including cellular and liquor committee funds.
Turgeon suggested the Commission evaluate liquor committee funds after the stores are redeveloped
and updated this year, since revenues are down.
While the park master plans recommended no great sweeping changes for any of the parks, Brown
noted that certain needs or deficiencies had been identified which portions of the $26,000 could be
used for. He stated that $5,000 was already budgeted for resurfacing the Badger tennis courts,
whereas, the Cathcart courts would be slated for next year.
Turgeon stated that representatives of the senior center had requested that the City change the curve
accessing the center from the City Hall parking lot, since it is difficult to maneuver.
Brown stated that the current lot configuration was due to the proximity to the neighboring property.
While he would take a look at it, Brown indicated that a new layout would cost parking near the
hockey rink. Due to the expense, Brown stated that he would push for this project to come out of the
roadway fund versus park fund.
PARK COMMISSION WORK SESSION
Tuesday, May 13,2003
Page 2 of 5
Turgeon recommended he consider whether this would have an adverse effect on the park or provide
the senior with additional parking for their buses.
Chair Arnst asked if they could identify any additional immediate needs in the parks.
Bailey suggested they consider updating the park signs at the entrances to the parks, at an estimated
cost of $1,500 per sign.
Young recommended they consider updating the combination basketball/tennis backboard and
surface at Silverwood Park. He noted that it was in rather shabby condition during a past park tour.
Chair Arnst suggested Brown evaluate its condition and make a recommendation to the Commission
about its repair and costs. She asked Brown whether Badger Park was in need of updating.
.
Brown stated that the Badger well house was slated to be reconstructed this year as part of the
preliminary design. He added that, while lighting was also a need, it was an expensive option,
costing approximately $40,0000 to relight the area. He stated that the drinking fountain at Freeman
was always an issue.
Chair Arnst agreed that Silverwood was a highly used baby buggy park.
Brown stated that the erosion near the slide was an ongoing issue and acknowledged that the park
was well used.
Chair Arnst inquired whether the signage was posted at the Skate Park.
Brown indicated that the rules and signage was posted, but had recently been defaced. He stated that .
they were working to resolve some altercations that had ensued between bikers and bladerslboarders
at the park lately also. Brown pointed out that a new sign encased in plexiglass had been ordered. He
indicated that the Minnesota League of Cities had visited the park and had positive comments for
the City. While the City had made a commitment to the neighbors not to expand the park, Brown
asked what else the Commission could do to enhance the park. He commented that, early on, the
American Legion had committed to donate $1,000 annually to the park for picnic tables, benches,
etc. if they were allowed to sponsor the park.
Chair Arnst asked Brown to pursue the Legion and ask whether they wished to continue with that
commitment.
Turgeon asked whether the police department, SLPD, would be continuing to spend time at the skate
park this year.
While the police department has changed its opinion, and thinks the park is a great asset, Brown
stated that he has not seen Officer Hanson, or others, at the park as much as they'd like.
PARK COMMISSION WORK SESSION
Tuesday, May 13, 2003
Page 3 of 5
Chair Arnst asked whether the City could provide the bikers with an area to call their own in order to
avoid problems at the skate park. She noted that Chaska had built a bike spot right next to their skate
park and questioned if there was a small spot near Shorewood's skate park to do the same.
If not the Skate Park, Meyer suggested they consider Manor Park for a small bike area.
Chair Arnst recommended that they investigate this option and, in the mean time, landscape around
the signs.
As part of the original commitment, Brown agreed that landscaping around the Skate Park entrance
was necessary.
.
Chair Arnst pointed out that Manor Park provided many things to many people and little more could
be done there.
Brown stated that aerating the pond would cost approximately $3,800, and he questioned the benefit.
With regard to Cathcart Park, the Commission agreed that there were no pressing needs at this time.
Freeman Park, on the other hand, was unique and Chair Arnst questioned whether the Commission
supported the brick oasis proposed by the Park Foundation.
Young and Meyer indicated that they did not support providing any financial assistance with regard
to the brick oasis.
.
Since the City Council forgave the Park Foundation its commitment and debt for Eddy Station,
Young questioned why the Commission would feel inclined to give them money for this project they
have proposed. From his understanding, Young stated that they have gone back to the drawing board
with the brick project they initiated for the park.
Meyer suggested the Commission focus on the identified needs of the park, including a perimeter
trail for the seniors.
Chair Arnst suggested that Turgeon relay an invitation to the City Council to attend the joint Park
Foundation meeting with the Commission, so that they can make some recommendations to the Park
Foundation as well. She suggested the Commission offer the Foundation other opportunities to put
up the bricks, for instance on the side of Eddy Station.
Having just received a phone call, Brown reported that the Concessions ran out of everything this
evening and during the first week, sales topped $800, less costs.
Brown summarized, stating that, while the Commission could accept the brick oasis, the Foundation
would need to bear the entire burden, including any furniture.
Young suggested the Foundation consider building the oasis in phases and indicated that he had seen
no timeline or clear commitment from the Foundation as to their plans.
PARK COMMISSION WORK SESSION
Tuesday, May 13,2003
Page 4 of 5
Chair Arnst indicated that the Commission does have a request for the completion of the outer
perimeter trail to be beefed up, and questioned how the bricks could be used in some way there.
Brown stated that, while the Park Commission should focus on what's important to fit the needs of
the people, the Park Foundation has focused its efforts on completing this dream of theirs to
contribute an oasis at the park.
Gilbertson suggested that the Commission explain this difference in philosophy or vision to the
Foundation at the joint meeting.
Brown indicated that he would obtain an estimate for the outer trail using City labor and investigate
options for incorporating the bricks along the trail.
Davis pointed out that the Arboretum incorporates bricks along a wall that people can sit or rest
upon.
.
While the outer trail should be considered as an improvement for Freeman, Young suggested staff
touch base with Mr. Davis, of public works, to identify any further needs the Commission should
consider.
Chair Arnst suggested that members of the Park Foundation be provided with copies of the park
master plans prior to the meeting. She advised the Commissioners to be prepared for additional
discussions put forth by the Foundation, including paved trails, another ballfield, expanded parking,
and an additional youth size softball field.
Brown indicated that he would submit the 'car pooling' parking signage option to the City Council at
the next meeting for a trial basis of 10 spots.
.
B. Freeman Park Wetland Area
Davis reported that, with a modest amount of clean-up and minimal planting, the wetland area could
provide a desirable passive use space. She stated that the wetland could be a beautiful destination
along the trail walk.
Brown suggested Davis contact MCWD, who has the ability to provide grant dollars, for wetland
restoration projects. Since this was not a political issue, he felt that they could obtain some funding
for the restoration project rather readily.
Davis indicated that the educational component of the rain garden could support the idea to MCWD.
She stated that there were not too many desirable trees left in the wetland area.
Chair Arnst believed that the restoration of the wetland and passive space for the trail both fit the
criteria for Freeman park, and could also offer benches or sitting spots where the bricks could be
installed.
..
.
PARK COMMISSION WORK SESSION
Tuesday, May 13,2003
Page 5 of 5
3. DOG OWNER EDUCATION
A. Discuss MotivationallEducation Steps
Since the new dog ordinance was recently passed, Chair Arnst felt the City should do more to
educate dog owners of City policy. She suggested they send out a dog policy brochure, sample
mutt mitt, and dog biscuit, each time we renew a dog license. She shared with the Commission
signage that the City of Chanhassen attached to its trail signs in an effort to encourage dog
owners to clean up after their pets. Chair Arnst asked if Shorewood should post similar signs
along the trails.
.
While she believed they were 'preaching to the choir' , and that responsible dog owners already
follow the ordinances, Davis asked how the City could reach those who don't care.
Bailey suggested the City attach a fine to the offense.
Meyer felt the Chanhassen signage to be clever way of educating the public.
Brown agreed that, while the good owners already pick up after their pets, other people will see
these signs as well. He pointed out that Shorewood was not the only City to face this problem
and commented that, in Colorado, one City has gone so far as to hire a service to pick up dog
feces in their community on a regular basis. He stated that he would have Twila Grout
investigate to find out what other communities have done to curb this problem and report back to
the Commission.
Chair Arnst suggested that the City begin by updating the brochure with the new Ordinance and
send out the package they discussed with each dog license.
.
4.
OTHER BUSINESS
Brown reported that the Shorewood Market would be vacating the property, since it was not
making a profit. As ICO is the lease holder of the property, consideration will be given to the
best use of the site. He indicated that the American Legion had approached the City regarding a
joint venture for liquor operations.
Brown continued, noting that Cub Foods was slated for its grand opening in October sometime
and that he would be meeting with property owners along Lake Linden in the coming weeks to
discuss the trail. As the trail has already gone thru the public process, Brown indicated that he
would continue to speak directly with affected owners, if the Commission could support that.
The Commission concurred with Brown.
4. ADJOURN
Meyer moved, Young seconded, adjourning the Park Commission Work Session of May 13,
2003, at 10:05 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED.
Kristi B. Anderson
Recording Secretary
.
.
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (952) 474-3236 Fax (952) 474-0128
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
p
FROM:
Larry Brown, Director of Public Works
DATE:
May 22, 2003
RE:
Motion Authorizing New Signage at Freeman Park
At the May 13th Park Commission meeting, the status of the park scheduling and operations were
reviewed. Overall, the scheduling performed by Community Rec. Resources, and the nightly events
are performing very well.
Tuesday nights appear to be the busiest night of the week. While not overrun, the parking lots are
completely full. It was discussed that any steps to encourage car-pooling would benefit the operations
ofthe park.
The Park Commission has made a recommendation that 10 parking spots be reserved for car-pools.
This defmed as any vehicle with 4 or more passengers. These parking spots would be posted near
Eddy Station, as this is the busiest area of the Freeman Park. It is presumed that this process would be
"self po licing."
The Park Commission made a unanimous motion that recommends that the new signs be ordered and
installed. If approved, signage will take approximately two to three weeks to obtain form the supplier.
"56
"
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 6 MAY 2003
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:08 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Gagne, Borkon, White, Pisula, and Woodruff; Planning
Director Nielsen and Council Liaison Lizee
Absent:
Commissioner Packard
. APPROVAL OF MINUTES
. April 15, 2003
Gagne moved, Pisula seconded, Approving the April 15, 2003 Planning Commission Minutes as
presented. Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING - SETBACK VARIANCE
Applicant: John O'Donnell
Location: 27100 Edgewood Road
Chair Bailey opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing
and reviewing the criteria for granting variances.
.
Nielsen reported that the applicant, Mr. John O'Donnell had requested variances to enlarge his home and
build a new garage at 27100 Edgewood Road. The property is located in the R-INS, Single Family
ResidentiallShore1and zoning district and contains only 12,141 square feet of area.
As explained in his request letter, Mr. O'Donnell proposes to raise the existing home approximately seven
feet, converting what is currently crawl space into habitable space. He also proposes to demolish the
existing detached garage and attach a new garage to the home, adding a second level above the new
garage. Nielsen noted that access to the new garage would necessitate extending the driveway
approximately 36 feet further into the lot.
Nielsen pointed out that the subject property is substantially nonconforming with several of the R-INS
zoning requirements. As mentioned above, the lot area is only 12,141 square feet, whereas 40,000 is
required. The lot is only 40 feet wide instead of the 100 feet required by the Zoning Code. The side yard
setbacks for the R-INS zoning district are a total of30 feet with no one side being less than 10 feet. At
present the existing home is less than one foot from the west property line and three feet from the east lot
line (not including a small deck on that side ofthe house. Nielsen explained that the impervious surface
on the property amounts to 41 percent, while 25 percent is the maximum allowed in the Shoreland overlay
district.
Nielsen stated that it was worth noting that the previous owner of the home was granted two variances in
1986 to build the existing two-car garage and to add a second level to the house.
"
Planning Commission Meeting
May 6, 2003
Page 2 of 13
With regard to issues and analysis, Nielsen stated that most zoning ordinances contain provisions that
address nonconforming structures. These are structures that were built before current regulations were in
place. Shorewood's original zoning requirements simply prohibited the expansion of nonconforming
structures, for example, they were not allowed to be expanded or extended in any fashion. In the mid
80's, the City relaxed these provisions for single-family dwellings. Nonconforming, single-family
dwellings were allowed to be enlarged or extended, provided that the new construction complied with
zoning requirements. This included upward expansion as well as outward expansion.
Nielsen maintained that the applicant's request involved expansion of the nonconformity of the property
in several ways. The entire house would be raised approximately seven feet to accommodate a new third
level of living space. Which, Nielsen explained, brings up the question of floor elevation. If the addition
.ofthe raised lower level extends from the ground over 6', it would be considered a full third story of
living space, thus requiring another variance to the 2 Y2 story height restriction.
In addition, in order to accommodate the proposed expansion of the home, the applicant has requested
variances from the requirements of the Zoning Code. Specifically, the new garage and the second story
above it require a variance of 15.2 feet on the east side of the lot. Instead of a total side yard setback of .
30 feet, the total will be 14.8 feet.
Although the drainage issue deserves some discussion, Nielsen pointed out that this issue was not raised
in the previous request. Both the Building Official and the City Engineer have looked at this property and
agree that the problem is more of a landscaping issue at best, an engineering problem at worst. Without
addressing it as such, relocating the garage may simply relocate the problem area as well, either on the
applicant's property, or to someone else's. Drainage is not considered justification for increasing the
nonconformity of this property. If drainage is to be considered a factor in this request, it is recommended
that the applicant have the property examined by a professional civil engineer who could discuss
alternatives for resolving the problem.
Nielsen continued that, while the applicant indicated that impervious surface on the site will be reduced,
despite the lengthening of the driveway and the construction of the new garage, this does not appear to be
the case. The hardcover calculations prepared for the original survey do not appear to reflect the
proposed site plan. It is recommended that a very detailed breakdown of hardcover be prepared by the .
applicant's consultant. For example, our review of the survey suggests that there is closer to 40 square
feet of retaining wall area, not the 400 square feet suggested by the surveyor.
Before the applicant was directed to elaborate on his plans, Nielsen urged the Commission to give serious
consideration to the issue of reasonable use. While it is not unreasonable to want 3200 square feet of
living space, not all lots can accommodate that much house. It is just as reasonable to expect that a house
of that size be place on a proportionately sized lot. The Planning Commission has stated in the past that
there is such a thing as a lot being full. Nielsen maintained that this would appear to be such a case.
Mr. O'Donnell approached the podium stating that while the central issue is his reasonable use, he wished
to focus on other parts of the application to begin with. He believed the assumption of the 'lot being full'
was an arbitrary and subjective supposition. He maintained that if he were to use a ratio of 30% floor to
lot calculations, he would be maintaining his coverage at 22%. With regard to the 1986 discussion of 'no
further expansion' permitted on the parcel, O'Donnell questioned why this language was not incorporated
into the resolution if that was the intent at that time.
O'Donnell argued that the narrowness ofthe lot itself was the true hardship, and by definition this meets
the State Statute hardship classification, since this is unique to the property. He believed the narrowness
was sufficient hardship to warrant approval of his application. He did not feel it was necessary to go to the
Planning Commission Meeting
May 6, 2003
Page 3 of 13
additional expense of consulting a civil engineer and maintained that his proposal reduced, or at least
sustained, hardcover levels.
With regard to the objections posed by Mrs. Lovrien and her attorneys, O'Donnell maintained that his
home was not out of character of its locality nor would it obstruct neighboring views of the lake. He
stated that the majority of his neighbors support his request and have signed a petition to that affect. He
indicated that his wish to provide maximum living space for his family would not cause unreasonable
interference to Mrs. Lovrien enjoyment of her property.
George Lovrien, son and representative of Mrs. Lovrien, stated that her 20' parcel of the lake is very
important to her and that they do not wish to see the O'Donnell's infringing on her reasonable use. He
indicated that, currently, it is almost impossible to walk around the O'Donnell home without trespassing
or stepping on adjacent properties. It was their belief that the proposed home was just too much house for
the narrow lot and would be an even larger presence 4.8' from the property line. Mr. Lovrien felt the
construction alone would damage the surrounding areas due to the proximity of adjacent properties.
.
Mark Nesset, Architect for the O'Donnell's, stated that raising the roof would not require any additional
excavation. Since crawl space exists, additional wall space would be added to raise the height of the lower
level. He pointed out that others in the area could do the same and the trend in Lake Minnetonka is to
build up and, potentially, out, similar to homes in Mound. By attaching the garage, he believed the
impact of the total residence is decreased. In addition, the use of stone around the lower level would
create the illusion of a smaller scale cottage.
Dave Layton, 27150 Edgewood Road, adjacent neighbor to the Nelson's, stated that, while they are
fortunate to have a larger lot for the neighborhood, the variety of homes varies. With regard to the issue
of hardship, he questioned if Mrs. Lovrien was really being hurt by this development. In fact, he argued
that he and the Nelson's believed the improvement would benefit their properties as well. He felt these
issues would continue to come up as Shorewood lake shore is redeveloped and asked what could be done
to reasonably consider O'Donnell's request.
.
Paul Nelson, 27120 Edgewood Road., voiced his support for the project and desire to keep good
neighbors in Shorewood. Having worked in commercial construction, Mr. Nelson believed there was
much that could be done to limit the impacts on neighbors during construction.
Kelly Snodgrass, 27135 Edgewood Road, pointed out that the project would vastly improve the aesthetics
of the home and reminded the Commission that many of the homes in the area would be redone in
upcoming years. She rej ected Mrs. Lovrien' s concern of interference with her reasonable use.
Mr. O'Donnell added that, based on recent approvals he'd obtained on similar properties across the
community, he believed that his hardcover figures were in line with those he'd compared.
Nesset pointed out that Mound allows residents up to 40% hardcover allowances.
Mrs. O'Donnell explained that the road elevation is higher than at the lake; therefore, the sight elevations
for Mrs. Lovrien would be higher.
Mike Newberg, 26045 Birch Bluff Road, indicated that neighbors are never happy to see construction or
progress moving in next door, however, City's do grow. He believed, in this area oflake cabins, the City
may be forced to give a little bit.
Chair Bailey closed the Public Testimony at 7:48 P.M.
Planning Commission Meeting
May 6, 2003
Page 4 of 13
White asked why the language stating that no additional variances be granted this property did not make it
into the resolution.
Nielsen stated that this type of language cannot be included in the resolution, since it is the right of any
resident to make an application. Also, Nielsen indicated that it would be difficult to tie the hands of future
City Councils in this way.
Gagne stated that, in 1986, the City went thru this process with the applicant and made the house usable,
which it has continued to be since that date. He agreed that it was difficult to traverse around the
applicant's property without stepping on neighboring properties. He could not support the application and
felt it would make the situation worse. He likened the request to putting' 50 pounds in a 10 pound bag' .
Gagne added that, Mound, and other lakes communities, have different building requirements, and
pointed out the monstrosity Tonka Bay had allowed to be built along County Road 19 which is built lot
line to lot line.
Woodruff asked if the address file reflected any restrictions on the property when the applicants
purchased it in 1995.
.
Mr. O'Donnell indicated that the title search had been clean.
Pisula stated that if the issue is of reasonable use, to him, an 1800 s.f. home is reasonable for this parcel.
While the Commission recognizes that there will be continuing expansion in the Shoreland district, Pisula
stated that it is their job to take into consideration the size of the lot. He indicated that Shorewood does
not support building homes lot line to lot line. Pisula pointed out that, while the applicant's family
situation had changed since they first purchased the property, the home has been put to reasonable use for
many years. He agreed with Gagne, and could not support the application.
Chair Bailey questioned the accuracy of the impervious surface figures.
Nielsen indicated that the impervious surface calculation from the survey was 41 %, while he had trouble
finding the 400 s.f. of retaining wall the applicant referred to in the existing hardcover calculations he
provided.
Chair Bailey asked what the impact of the proposed height would have on the application.
.
Although he had not been supplied with floor elevations, Nielsen stated that if the lower level protruded
6' above ground level it would be considered a full story.
Chair Bailey further commented that it was a new argument to him, that an applicant could consider the
undeveloped unbuildable parcel to the east as a buffer to meet one's own open space requirement.
Nielsen stated that an applicant can not use someone else's land for consideration as part of their
application to meet their own open space requirement. In addition, Nielsen questioned whether the 20'
parcel would remain that way indefinitely. Although unbuildable as it stands, the parcel could be legally
combined at a later date.
Chair Bailey felt the reasonable use hardship did not adequately support the application. While the fact
remains that the applicant would like more space, it does not mean this home cannot be put to reasonable
use. He was not comfortable that bigger families should warrant bigger spaces or buildings. Bailey could
not support the variance requests.
Woodruff concurred.
Planning Commission Meeting
May 6, 2003
Page 5 of 13
Borkon moved, Gagne seconded, recommending denial of the setback variance request to enlarge
the home and build a new garage at 27100 Edgewood Road. Motion passed 6/0.
2. 7:10 P.M. PUBLIC HEARING- C.U.P FOR ACCESSORY SPACE OVER 1200 S.F.
Applicant: Mark and Kim Welty
Location: 5330 Howard's Point Road
Chair Bailey opened the Public Hearing at 8:00 P.M., reiterating the procedures utilized in a Public
Hearing.
Since the following three applications were all requests for CUP's for Accessory Space over 1200 s.f.,
Nielsen reviewed the criteria for Conditional Use Permits for Accessory Space over 1200 s.f. one time.
.
Section 1201.03 Subd. 2.d.(4) ofthe Zoning Code describes four criteria for granting conditional
use permits for accessory space over 1200 square feet:
a. The total area of accessory buildings does not exceed the floor area above grade of the existing
home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the
zoning district
c. The proposed accessory space complies with zoning setback requirements.
d. The architectural character of the new building will be the same as the existing house. Siding and
roofing will match the house.
The criteria being said, Nielsen explained that the applicant, Mr. Mark Welty had applied for a
conditional use permit to construct accessory space in excess of 1200 square feet on the property located
at 5330 Howard's Point Road. Mr. Welty proposes to build a new detached garage to the north of the
house. Since the area of the garage, combined with an existing attached garage on the property exceeds
1200 square feet, a C.U.P. is required.
.
The property is zoned R-IA1S, Single-Family ResidentiaVShoreland and contains 67,801 square feet in
area. Nielsen pointed out that the site is occupied by the owner's home and attached garage, and a small
10' x 12' shed which would need to be moved to a conforming location. The new garage contains 1290
square feet. Combined with the existing garage, the amount of accessory space on the site will total 183 9
square feet. The proposed garage will be on the north side of the existing home, 48-53 feet from the side
lot line, approximately 65 feet from Lake Minnetonka, and 200 feet back from Howard's Point Road.
Nielsen reported that the proposed accessory use meets the four criteria as follows:
a. The total area of accessory buildings (1839 square feet) does not exceed the floor area (3700
square feet - main floor) above grade of the existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum: lot size for the
R-IA1S zoning district (.10 x 40,000 = 4000 square feet).
c. The proposed garage complies with R-IA1S setback requirements. Despite the size of the
proposed structure, it is relatively hidden from adjoining properties. A large hill and existing
vegetation buffer the new building from its nearest neighbor to the north.
Nielsen felt it was worth noting that the proposed hardcover for the site would be 24.99 percent,
including the shed, the maximum allowed in the "S", Shoreland overlay district.
d. The architectural character of the new building will be the same as the existing house. Siding and
Planning Commission Meeting
May 6, 2003
Page 6 of 13
roofing will match the house.
Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use
permit be granted, subject to the relocation of the existing shed.
Mr. Welty had nothing further to add.
Chair Bailey closed the Public Testimony at 8: 10 P.M.
Woodruff asked what the hardcover percentages were.
Welty stated that the previous owners had gone to great lengths to narrow the driveway and remove the
landscaping plastic in an effort to comply with hardcover requirements. He indicated that they fall just
under the 25% maximum. Mr. Welty indicated that they would move the shed to a conforming location
and hoped to do so after construction of the new garage was complete if the City allowed. He stated that
the existing garage would likely be converted to a workshop.
Chair Bailey asked when a garage becomes an accessory space versus a garage, especially, if the current
garage is changed into a workshop.
.
Nielsen indicated that a smaller door would convert a garage to a workshop rather readily.
Pisula moved recommending approval of the Conditional Use Permit allowing construction of an
accessory space in excess of 1200 s.f. on the property located at 5330 Howard's Point Road, Gagne
seconded amending the motion for approval subject to the relocation of the shed to a conforming
location no later than October 31, 2003. Motion passed 6/0.
3. 7:20 P.M. PUBLIC HEARING - C.U.P FOR ACCESSORY SPACE OVER 1200 S.F.
Applicant: Michael and Susan Newberg
Location: 26045 Birch Bluff Road
Chair Bailey opened the Public Hearing at 8:17 P.M., once again reviewing the procedures utilized in a .
Public Hearing.
Having already reviewed the criteria for granting a CUP for Accessory Space over 1200 s.f., Nielsen
explained that the applicants, Michael and Susan Newberg had submitted plans for a significant, two-level
addition to their home at 26045 Birch Bluff Road. The lower level of the addition consists of two garages,
a workshop and a potting room, totaling 1945.5 square feet of area.
The property is zoned R-1C/S, Single-Family ResidentiallShoreland and contains 49,266 square feet of
area. The existing house contains approximately 2728 square feet of floor area above grade. Nielsen
indicated that the existing house is nonconforming with respect to the rear yard setback. Instead of being
40 feet from the south property line, the house is less than one foot from the line. The proposed addition,
however, is over 85 feet from the rear lot line. The proposed addition contains 1905 square feet.
Including the workshop area and the potting room, the lower level contains 1945.4 square feet of area.
Nielsen detailed how the applicants' proposal complied with the Code:
a. The total area of accessory space (1945.5 square feet) does not exceed the total floor area above
grade of the principal structure (4633 square feet).
Planning Commission Meeting
May 6, 2003
Page 7 of 13
b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-
lCIS zoning district (.10 x. 20,000 square feet = 2000 square feet).
c. The proposed garage complies with the setback requirements of the R-1C/S zoning district.
Hardcover on the property will go from approximately 13.2 percent to 16.6 percent, remaining in
compliance with the 25 percent maximum.
Nielsen felt it should be noted that there are two large evergreen trees in front of the existing
house. One of which will be removed. Since the lower level will only show three garage doors,
he indicated that it would be considered unnecessary to add landscaping in front of the house.
There are already several evergreens on the east side of the lot that help to break up the largest
elevation of the building as viewed from the home to the east.
.
d. The new accessory space will be integrated into the architecture of the existing home. As such
the roof lines, materials and architectural character of the garages are consistent with the principle
dwelling.
In light of the preceding, Nielsen stated that the applicant's request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional use permit
be granted as requested.
Mr. Newberg commented that 50% of the proposed addition would be built over existing hardcover. Mrs.
Newberg added that the City should have received letters from neighbors in support of their application.
Since the letters were received just today, Nielsen apologized for failing to include them in the packets.
He indicated that the City had received letters from Leo Meloche and Fremont Gruss in support of the
application which would be attached for public record.
Chair Bailey closed Public Testimony at 8:23 P.M.
White asked if the driveway location would adversely impact the hypothetica13rd Street.
.
Since 3rd Street has not been constructed, and may never be, Nielsen indicated that the plans for the road
do allow this and one other residence to gain access off 3rd Street.
Woodruff moved, White seconded, recommending approval of the Conditional Use Permit
permitting construction for Accessory Space over 1200 s.f. for a two level addition consisting of two
garages, a workshop, and potting room. Motion passed 6/0.
4. 7:30 P.M. PUBLIC HEARING - C.U.P FOR ACCESSORY SPACE OVER 1200 S.F.
Applicant: Peter and Joan Purcell
Location: 23735 Gillette Curve
Chair Bailey opened the Public Hearing at 8:25 P.M.
Nielsen stated that the applicant, Mr. Peter Purcell, had applied for a conditional use permit to construct
accessory space in excess of 1200 square feet on the property located at 23735 Gillette Curve. Mr.
Purcell proposes to demolish an existing detached garage on the property and replace it with a new, larger
detached garage to the southwest of the house. Since the area of the garage, combined with a small utility
shed on the site, exceeds 1200 square feet, a C.D.P. is required.
The property is zoned R-1C, Single-Family Residential and contains 23,168 square feet in area. The site
Planning Commission Meeting
May 6, 2003
Page 8 of 13
is occupied by the owner's home, the existing garage, and a 12' x12' shed. The new 1490 s.f. garage,
combined with the utility shed, increases the amount of accessory space on the site to a total of 1634
square feet. The proposed garage will be located southwest of the existing home, ten feet from the side
lot line and approximately 47 feet from the rear lot line. The existing home contains 1692 square feet of
floor area in one and one-half stories above grade.
Nielsen explained how the applicants' plans comply with the Code as follows:
a. The total area of accessory buildings (1634 square feet) does not exceed the floor area (1692
square feet) above grade of the existing home. Nielsen mentioned that a discrepancy exists
between the survey calculations and what appear to be the calculations of the applicant's
architect. As part of the final approval, Nielsen indicated that this discrepancy must be resolved.
The calculations must be prepared by a registered land surveyor, engineer, landscape architect or
architect.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the
R-IC zoning district (.10 x 20,000 = 2000 square feet). .
e. The proposed garage complies with R-1 C setback requirements. Nielsen felt, given the size of
the proposed structure, the City may wish to require some additional landscaping, especially on
the west side of the building. Since the proposed building is located only 10 feet from the side lot
line, it is recommended that some sort of tall Arborvitae or dense deciduous shrub (at least three)
be used to break up the mass of the building. Trees should be at least four feet in height. Shrubs
should be at least five gallon potted.
f. The architectural character of the new building will be the same as the existing house. Siding will
match the house. The roof will be metal, but little detail has been provided; therefore, the
applicant should provide details as to the style and color of the roof.
Based upon the preceding analysis, Nielsen noted that staff recommends that the applicant's request for a
conditional use permit be granted, subject to the following:
1. The applicant must provide a bid for proposed landscaping. From the bid a letter of credit or cash .
escrow for one and one half times the amount of the work must be submitted with the building
permit application. The trees should be planted no later than 30 September of this year.
2. Details of the roof must be provided, noting that the upper level cannot be used as habitable space
or the home would exceed story requirements.
3. The applicant is advised through this memo, and ultimately through the Council resolution
approving the C.D.P. that home occupations require a separate permit. This permit does not
include any kind of home occupation permit.
Mr. Purcell indicated that he was unaware that the survey and architect's calculations did not match.
Nielsen stated that they will need to revise the numbers for the record.
Mr. Purcell stated that he had just received further details from the manufacturer with regard to the roof.
Chair Bailey closed Public Testimony at 8:30 P.M.
Gagne stated that the existing garage must have been demolished, as there is no longer an existing garage
on the site. He asked if the applicant ran a business from the residence and why the equipment was lined
up in the yard.
Planning Commission Meeting
May 6, 2003
Page 9 of 13
Mr. Purcell indicated that the equipment was present merely as part of the demolition process and that he
did not run a business from the home.
Woodruff moved, Borkon seconded, recommending approval of the Conditional Use Permit to
construct accessory space in excess of 1200 s.f. on the property for a new larger detached garage on
the southwest side of the house, subj ect to staff recommendations. Motion passed 6/0.
6. SIMPLE SUBDIVISION
Applicant: Mark Kawell (representing Richard Bowman)
Location: 20025 Manor Road
As Mr. Kawell was present and Mr. LaRose was not, the Commission heard item #6 prior to item #5.
Nielsen reported that Mr. Mark Kawell, on behalf of Richard Bowman, has proposed to subdivide the
property located at 20025 Manor Road.
.
Nielsen pointed out that the subject property is located in the R-1A, Single-Family Residential zoning
district and contains 186,794 square feet of area ( 4.29 acres). The property is occupied by Mr. Bowman's
single-family residence. The site changes elevation somewhat dramatically, rising from a 955.0 elevation
at the north lot line to the high point where the house sits at approximately 988.0 feet. He shared a site
plan of how the new lot configuration would look.
As proposed the subdivision would result in one lot (with the house on it) containing 141,251 square feet
of area, and the other lot with 45,542 square feet.
Nielsen reminded the Commission that the R-1A zoning district requires lots to be at least 40,000 square
feet in area, 120 feet wide at the building line, and at least 120 feet deep. He noted that both lots would
comply with the setbacks of the R-1A district. Despite the existing topography, the new lot has a sort of
natural shelf on which a new house could be situated.
There are two issues that Nielsen felt needed to be addressed with regard to this request:
1) lot configuration; and 2) a development agreement that currently burdens the property.
.
1. Lot Configuration. Although the proposed new lot complies with the dimensional requirements
of the R-1A zoning district, it has an unusual configuration along the southerly boundary, where
it jogs drastically to the south. Ordinarily, this would not be viewed favorably. However, it has
been done in this case to allow for the proposed driveway to take advantage of the existing
terrain. There is an old cut into the hill where a previous access to the Bowman property had
been located. In this location, the grade of the new driveway could be kept to no more than eight
percent.
2. Development Agreement. Nielsen explained that several years ago the Bowman property, which
straddles the boundary between Deephaven and Shorewood was subdivided to create two
building sites on the Deephaven portion of the property. Since, access and utilities were through
Shorewood, the two cities and the land owner executed an agreement stating that no additional
development of the property could occur until such time as the road was built. This was
consistent with Shorewood's policy of allowing two lots to share a common driveway.
That development agreement was intended to address future lots on the Deephaven side of the
property. As proposed, this lot would not use, nor would it necessitate the construction of the
street. Nielsen indicated that it is therefore recommended that the development agreement be
amended, subject to the approval of the City of Deep haven, and subject to the City Engineer's
review and comment regarding the location of the proposed driveway.
Planning Commission Meeting
May 6, 2003
Page 10 of 13
Nielsen pointed out that although the property is relatively wooded, the proposed subdivision would not
require the removal of any trees. Any tree removal necessary for the construction of a house on the new
lot could be addressed with the building permit for that lot.
Nielsen reported that staff recommends that the proposed minor division be approved subject to the
following conditions:
a. The applicant's surveyor should prepare legal descriptions for the property as it exists today, as
well as for the two newly described lots.
b. The applicant's surveyor must prepare legal descriptions for drainage and utility easements which
are required 10 feet on each side of each rear and side lot line.
c. The applicant's attorney must prepare deeds to the City for the drainage and utility easements
referenced in 2. above.
d. The applicant must provide an up-to-date (within 30 days) title opinion or title commitment for
review by the City Attorney.
.
e. The items listed in a.- d. above must be completed prior to the preparation of a resolution
approving the subdivision.
f. Prior to release of the resolution approving the subdivision, the applicant must pay a park
dedication fee ($1500), and a local sanitary sewer connection charge ($1200) for the new lot.
Credit is given for the lot with the existing home on it.
g. Grading and drainage plans for the new home on the new lot must be approved by the City
Engineer.
h. Once the applicant has received the Council resolution approving the subdivision, he must record
it with Hennepin County within 30 days or the approval is void.
1. The resolution approving the minor division should state that any future division of the property .
must be done by a formal platting process.
Mr. Kawell indicated that he would be present for questions.
Woodruff questioned the odd configuration for the proposed driveway jog.
Nielsen stated that the grade at that location is far better for a driveway than elsewhere on the site, and
pointed out that the old driveway accessed the property via this right of entry. In addition, Nielsen noted
that no easements would be necessary to place the driveway in this location.
Mr. Kawell stated that this access would provide a natural low impact placement for the driveway, versus
elsewhere along Manor where he would be forced to disturb a row of white pines on the side.
Pisula questioned whether the property should be staked due to the irregular shape of the lot.
Nielsen believed this could be done, however, noted that the entire tip of the lot would be set within the
50' setback where nothing could be built.
Planning Commission Meeting
May 6, 2003
Page 11 of 13
Borkon moved, Gagne seconded, recommending approval of the proposed minor subdivision of the
property located at 20025 Manor Road subject to the staff conditions as outlined above and in the
staff memorandum dated May 6, 2003. Motion passed 6/0.
5. SIMPLE SUBDIVISION/COMBINATION
Applicant: David LaRose/Jim Mahoney
Location: 5965/5985 Chaska Road
.
Nielsen explained that he had excused the applicant from attending this evening and would review the
application for the Commission. As the Commission was familiar with the application, Nielsen reminded
everyone that the applicant had appeared before the Commission in February of 2003 looking for a 5'
setback variance. The Commission denied his request and suggested he speak to his neighbor. Mr.
LaRose took the Commission's advice and the neighbor has agreed to give him the 5' necessary to get his
required setback. While other issues with regard to the survey and driveway easements exist, Nielsen felt
these could be worked out at a staff level with Commission support. He apologized for not providing a
staff report and recommended approval of the Simple Subdivision subject to the resolution of existing
survey Issues.
Woodruff questioned how the drainage issue would be resolved.
Nielsen pointed out that, given the additional 5', the applicant had been able to carve a swale into the
proposed landscape.
Woodruff asked if they could put a condition on a simple subdivision.
Nielsen affirmed they could do so.
Woodruff moved, Pisula seconded, recommending approval of the Simple Subdivision for the
properties at 5965/5985 Chaska Road, subject to staff recommendations, resolution of the drainage,
survey, and driveway easement issues. Motion passed 6/0.
.
7.
MATTERS FROM THE FLOOR
There were none.
8. DRAFT NEXT MEETING AGENDA
Nielsen explained that there would be a Planning Commission Work Session Meeting scheduled for May
20,2003, with dinner provided beginning at 6:30 P.M..
9. REPORTS
· Liaison to Council
Chair Bailey, on behalf of Commissioner Packard, reported that the Hennepin County representative, Jim
Grube, was far less optimistic that the intersection at County Road 19 would begin this year. While
committed to make it happen, Grube felt the project would need to be slated for 2004.
Chair Bailey reported that the City Council approved the Holmgren fence application, while at the same
time questioning how the City would monitor the maintenance ofthe Dogwood landscape buffer.
Planning Commission Meeting
May 6, 2003
Page 12 of 13
While true enforcement would not happen, Nielsen indicated that the City could contact the owner to
remind them to keep up their maintenance commitment if the hedge becomes unattractive.
Chair Bailey continued, stating that the Council accepted the Opt-Out report submitted by the Planning
Commission.
· SLUe
Nielsen had nothing to report.
· Other
With regard to the O'Donnell application, White further questioned why the City could not incorporate
language which reflects that no variance ever ought to be approved for this or similar parcels.
Nielsen reiterated that it should be added, however, it could tie the hands of future City Councils and limit
residents' rights to be heard. .
Nielsen found the comment by one of the neighbors that the proposed construction didn't really hurt
anyone rather interesting. In reality, Nielsen pointed out that the gradual erosion of the building codes
affects everyone in the long run.
Gagne suggested the City check into the status of the Eureka Road/Smithtown Road building removal
from a previous application. He encouraged staffto keep abreast of these follow-up conditions put on
applications. He questioned the status of the Cub Foods Lake Linden trail progress.
Nielsen stated that they have been negotiating with Cub Foods with regard to City water. Although
controversial, he noted that Cub claims their cost for connecting to City water would be higher than their
constructing their own water tank. He indicated that Cub had even gone so far as to ask whether they
could be forgiven the construction of the trail, if they connected the City water. Staff said absolutely not.
Gagne inquired over the status of the trail near the public safety facility.
.
Nielsen indicated that he felt City Council was pretty supportive of that initiative. While it would not
likely be complete until sometime after the development of the County Road 19 corridor, Nielsen stated
that it could be included in the plans.
Finally, Gagne asked staff to investigate the open space located to the north side of the cemetery off of
Highway 7. He wanted to ensure the area remained an open greenspace for all time.
Nielsen stated that he would investigate the status of the site.
Borkon asked how the ingress/egress was left for the recent construction in Christmas Shore. She also had
noticed that a garage on Club Lane had been constructed very near the road.
Woodruff stated that the applicant had been told to build the garage anywhere in the buildable area of the
lot, preferably west of the home. However, she too noticed that the garage seemed to be built on the road,
which would be the south side of the house.
Nielsen stated that the garage was to be built to the west and 50' from the ROW. He indicated that he
would follow-up.
Planning Commission Meeting
~ May 6, 2003
Page 13 of 13
Pisula questioned the rationale for striping the westbound lane just west of the intersection at Highways
41 and 7. He pointed out that the merging lane is marked 4' too far over in one spot which causes
enormous backups as people attempt to merge going westbound.
Nielsen stated that he would address this inquiry as well.
Council liaison Lizee reported that she and the Mayor had attended the TUSA board meeting in April in
an attempt to recruit the organization to run the concessions on Monday and Thursday evenings. TUSA's
response was, basically, what was in it for them, and indicated that they would provide volunteers to run
the concessions provided they receive $80-$120 per night, all of the profits for the evenings, and got
exclusive rights to run it next year if they chose to. Lizee indicated that the City told them no thank you,
and that she, personally, was offended when the board stated that the recreational parent volunteers are
too unreliable, untrustworthy, and irresponsible to rely on them showing up on their designated night. She
pointed out that this response would be taken under advisement next year when consideration for
concession operations is reviewed.
.
Chair Bailey reported that it was the inaugural night for the Concessions at Eddy Station this evening and
that it was extremely well received by the public. He had volunteered to work from 5:30-7:00 P.M. and,
from his perspective, the evening seemed to be very lively and successful.
Lizee complimented girls softball, and Chair Bailey, for 'stepping up to the plate' to take over a good
portion of the concessions operations.
7. ADJOURNMENT
Woodruff moved, Gagne seconded, Adjourning the Planning Commission Meeting of May 6,2003,
at 9:23 P.M. Motion passed 6/0.
RESPECTFULLYSUBNUTTED.
.
Kristi B. Anderson
Recording Secretary
MEMORANDUM
TO:
FROM:
.
DATE:
RE:
FILE NO.:
BACKGROUND
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
Planning Commission, Mayor and City Council
Brad Nielsen
30 April 2003
O'Donnell, John - Setback V arianceN ariance to Expand a
Nonconforming Structure
405 (03.09)
Mr. John O'Donnell has requested variances to enlarge his home and build a new garage
at 27100 Edgewood Road (see Site Location map - Exhibit A, attached). The property is
located in the R-1A/S, Single Family Residential/Shoreland zoning district and contains
only 12,141 square feet of area. As shown on Exhibit B, the subject property is occupied
by the owner's home and adetached garage.
.
As explained in his request letter (Exhibit C), Mr. O'Donnell proposes to raise the
existing home approximately seven feet, converting what is currently crawl space into
habitable space. He also proposes to demolish the existing detached garage and attach a
new garage to the home, adding a second level above the new garage. Access to the new
garage would necessitate extending the driveway approximately 36 feet further into the
lot. Plans for the proposed expansion of the home and relocation of the garage are shown
on Exhibits D-J.
The subject property is substantially nonconforming with several of the R-1A/S zoning
requirements. As mentioned above, the lot area is only 12,141 square feet, whereas
40,000 is required. The lot is only 40 feet wide instead of the 120 feet required by the
Zoning Code. The side yard setbacks for the R-1 A/S zoning district are a total of 30 feet
with no one side being less than 10 feet. At present the existing home is less than one
foot from the west property line and three feet from the east lot line (not including a small
n
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Memorandum
Re: O'Donnell Variances
30 April 2003
deck on that side of the house. Impervious surface on the property amounts to 41
percent, while 25 percent is the maximum allowed in the Shoreland overlay district.
It is worth noting that the previous owner of the home was granted two variances in 1986
(see Attachments I and II, copied in yellow) to build the existing two-car garage and to
add a second level to the house.
ISSUES AND ANALYSIS
A. Nonconformities. Most zoning ordinances contain provisions that address
nonconforming structures. These are structures that were built before current
regulations were in place. Shorewood's original zoning requirements simply
prohibited the expansion of nonconforming structures. While they were
"grandfathered in", they were not allowed to be expanded or extended in any
fashion. In the mid 80's, the City relaxed these provisions for single-family
dwellings. Nonconforming, single-family dwellings were allowed to be enlarged
or extended, provided that the new construction complied with zoning
requirements. This included upward expansion as well as outward expansion.
Section 1201.03 Subd. 1.k. states: "That such expansion does not increase the
nonconformity and complies with height and setback requirements of the district
in which it is located."
The applicant's request involves expansion of the nonconformity of the property
in several ways. The entire house will be raised approximately seven feet to
accommodate a new third level ofliving space. The garage, which is currently
~M~~~~~~~~~~~M~~~h
entire new second story over the proposed garage will not comply with side yard
setback requirements. These increases in the size f the structure are best
illustrated on Exhibit F, which shows the relative size of the proposed structure to
the existing.
B. Variances. In order to accommodate the proposed expansion of the home, the
applicant has requested variances from the requirements of the Zoning Code.
Specifically, the new garage and the second story above it require a variance of
15.2 feet on the east side of the lot. Instead of a total side yard setback of 30 feet,
the total will be 14.8 feet. As already mentioned the existing home will be raised
seven feet, of which only the center six feet will comply with setback
requirements.
Section 1201.05 Subd. 2.b. of the Zoning Code provides criteria for the
consideration of variances. The applicant's request letter (Exhibit C) uses much
of the same arguments upon which the earlier variances were granted. However,
the issue of drainage was not raised in the previous request.
-2-
.
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Memorandum
Re: O'Donnell Variances
30 April 2003
The drainage issue deserves some discussion. Both the Building Official and the
City Engineer have looked at this property and agree that the problem is more of a
landscaping issue at best, an engineering problem at worst. Without addressing it
as such, relocating the garage may simply relocate the problem area as well, either
on the applicant's property, or to someone else's. Drainage is not considered
justification for increasing the nonconformity of this property. If drainage is to be
considered a factor in this request, it is recommended that the applicant have the
property examined by a professional civil engineer who could discuss alternatives
for resolving the problem.
The applicant indicates that impervious surface on the site will be reduced,
despite the lengthening of the driveway and the construction ofthe new garage
(see Exhibit K). Intuitively, this does not appear to be the case. The hardcover
calculations prepared for the original survey do not appear to reflect the proposed
site plan. It is recommended that a very detailed breakdown of hardcover be
prepared by the applicant's consultant. As part of that the calculations need to be
reexamined. For example, our review of the survey suggests that there is closer to
40 square feet of retaining wall area, not the 400 square feet suggested by the
surveyor. Additionally, we can not find the 488 square feet of walkway that is
being removed. Finally, it does not appear that the new walkway on the west side
of the garage has been accounted for.
The applicant states that denial ofthe variance would deprive him of rights
commonly enjoyed by properties in the same district. This is not the case. This
lot is among the smallest in the area and has been allowed to have a house, deck
and a two-car garage on less land than the majority of properties in the R-IAlS
zoning district. Furthermore, the house and garage already use up more of the lot
than what other properties are allowed to. The previously granted variances have
already allowed a more than reasonable use of the property.
RECOMMENDATION
Before the applicant is directed to elaborate on his plans (i.e. hardcover calculations and
engineering), serious consideration should be given to the issue of reasonable use. While
it is not unreasonable to want 3200 square feet of living space, not all lots can
accommodate that much house. It is just as reasonable to expect that a house of that size
be place on a proportionately sized lot. The Planning Commission has stated in the past
that there is such a thing as a lot being full. This would appear to be such a case.
Cc: Craig Dawson
Larry Brown
Tim Keane
John O'Donnell
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March 31, 2003
Mr. Brad Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad, and Members of the Planning Commission and the City Council,
In January, I met with Brad to discuss ideas I had to add much needed living space to my
home. As both my lot and home are non-conforming, Brad suggested that I acquire the
non-buildable parcel adjacent to my property in order to avoid the need for a setback
variance. Brad informed me that if I was unable to acquire the parcel, the non-
conformity of the lot requires that I obtain a variance to make the desired enhancements.
Subsequently, I did approach the owner of the parcel, Mrs. Phyllis Lovrien of
Shorewood, and she indicated that she was not interested in selling at this time.
There are two major elements to the plan I outlined to Brad. The first is to replace the
current wood foundation with cement, and in the process, increase the height of the crawl
from four feet to ten feet, which will allow me to convert it into finished living space.
The second element is to relocate the garage which is currently detached, and add
bedrooms above the garage. All of this is accomplished without increasing the hard
cover on the property. The plan will require that the driveway be extended. This
increase in hardcover will be offset by the elimination of the walkway from the driveway
and garage to the home as well as landscaping adjacent to the walkway, and the decks
currently located at the eastern and southern entrances to the home.
There are two variances required to complete the project as planned. The first is a set
back variance to allow me to replace the existing garage with an attached garage. The
second is a variance to increase height of the current structure which is required because
the existing house and lot are non-conforming. Because variances were granted to the
previous owner to build the current house and garage, it is necessary to demonstrate
hardship to obtain approval for the additional variances.
Please find attached the following with respect to my application for a variance to the
Shorewood Zoning Ordinance for reasons of hardship:
a. An application and check for $300
b. A survey of the property
c. A soil analysis supporting the suitability of the proposed garage site.
d. A topographical map of the area
e. Dimensioned plans of existing and proposed structures
f. A mailing list of property owners within 500 feet of my property.
g. Mrs. Lovrien's reply to my overture is also included for your review
h. A CD containing photos of the walkway submerged with ice and water.
Exhibit C
APPLICANT'S REQUEST LETTERS
Dated 31 March and 29 April 2003
-{
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Demonstration of Hardship
As stipulated in the Shorewood code, it is required that special conditions and
circumstances demonstrating hardship be established. With regard to the side setback
requirements, the primary peculiarity with regard to my property is the narrowness of the
lot. The lot is 30 feet wide at the lake, and 47 feet wide at the southern end. The
narrowness of the lot would require a setback variance no matter where you build on the
lot in order to make reasonable use. Please note on the attached survey, the neighboring
houses are considerably longer than even the proposed configuration due to the
narrowness and depth of the lots. Both properties also have detached garages at the road.
.
The secondary peculiarity with regard to the lot is the topography. Water drains from my
own property and properties to the east to the low point of the property, located along the
western edge of the garage. The drainage pattern frequently results in an accumulation of
water and/or ice on the walkway creating a hazard and nuisance for my family as they
traverse from the house to the garage and back. Attempts to mitigate the conditions by
creating a swale along the back of the garage were successful in reducing the problem,
but have not eliminated it. Additionally, because of the drainage pattern, the slab in the
garage has already begun to crack and will eventually need to be replaced. Moving the
location of the garage to the proposed location would result in an increase of almost two
feet of elevation for the floor of the garage, and the removal of an obstruction to the
natural flow of water.
.
The third peculiarity or special circumstance with regard to my property is the fact that it
abuts a non-build-able parcel twenty feet wide. The nearest structure on the east is more
than 25 feet away from the proposed structure. The purpose and intent of the
comprehensive plan to limit density is satisfied by the buffer created by the adjacent non-
buildable parcel.
With regard to the variance for increasing the height of the structure, due to the ground
cover restrictions, the only way to increase the living space in our home without adding
additional hardcover is to build up. Secondarily, rejecting this request for a variance
would deprive me of rights commonly enjoyed by properties in the same district under
the Shorewood Zoning Ordinance. The current ordinance stipulates that homes in this
zoning district (R-IA, Shoreland) may not exceed 35 feet. The proposed plan will meet
this requirement.
Reasonable Use and Minimum Variance Necessary.
My family loves our neighborhood and we do not wish to move. We have children
enrolled at Minnewashta Elementary School in Shorewood. I recognize that the
definition of reasonable use is highly subjective. What constituted reasonableness of use
for the previous owner, whose children had grown and what constitutes reasonable use of
the same parcel for me with a young family are two extremes.
...
I have taken great pains to develop this plan in support of the Minimum Variance
Necessary provision without realizing it, through the use of several design principles.
The first principal was to maintain the existing footprint of the house and garage. The
second is to maximize the living space for my family. Another consideration was to
maintain or decrease the level of ground cover and improve the flow of water across my
property. The fmal design principal for the project is to improve the aesthetic appeal of
my home.
.
The proposed approach succeeds in accomplishing all of the above, and the requested
variances constitute the minimum necessary to achieve those objectives. The proposal
increases the living space from 1800 to roughly 3200 square feet, not unreasonable by
today's standards. This is accomplished without increasing the ground cover, and only
increases the height of the house by 7 feet to 33 feet, without exceeding the zoning limit
of35 feet. The aesthetic appeal of my home is also enhanced, Additionally, the line of
sight from the road to the lake is not impacted because the house is positioned on the lot
at an angle to the lake, so the garage only obscures the front (lakeside) of the home from
the road.
On its own merits, I believe the project is an improvement to the house and neighborhood
without overdeveloping the parcel. Further, the improvements allow me to make
reasonable use of the property, Rejecting this application on that basis that variances
were granted for the previous owner with the stipulation that no further improvements be
made fails to recognize that the previous owner failed to maximize the living space
simply because he didn't need the space.
I look forward to the opportunity to discuss the plan and the make the case for the
approval of the required variances before the Planning Commission and City Council.
Thank you for you consideration of this application.
.
attachments
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.
.
April 28, 2003
Mr. Brad Nielson
Director, Planning
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad,
I have taken the step of meeting with my neighbors and sharing my plan for
renovating my property. I was very pleased by the level of support I received for
the plan. After I had reviewed the project with them, I asked them to sign a
petition indicating their support for the approval of the required variances.
I would like to append my application for variance to include the signed petition,
provided that it does not delay the hearing before the planning commission. If
that is the case, I will present it to the commission during the public hearing.
While I still have a few neighbors to speak with, I wanted to get this into your
hands before you prepare your staff report. I hope that this broad base of
support will be helpful as you consider my application.
I am looking forward to the chance to speak with you soon, and to presenting the
application to the Planning Commission and City Council.
Bestd:'~1
John O'Donnell
APR 2 9 2003
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You will soon receive information a hearing on the Shorewood Planning to request a
variance tor my property at 27100 Edgewood Road As part of the application process, I
would like to he able to demonstrate support for .the approval of the required variances to
Brad, the Planning Commission and the City Council. With that in mind, I would like to
share some of the details of the project with you and ask you to show your support to the
City Planning Director, Brad Nielson, the Planning Commission and the City Council by
signing this petition.
Project Overview
There are two major elements to the proposed remodeling. The first element is to
relocate the garage which is currently detached, and add bedrooms above the garage. The
second is -to replace the w.ood foundation of the home with cement, and in the process,
increase the height of the crawl from four feet to ten feet, which wilt allow me to convert
it into finished living space.
Required Variances
There are two variances required to complete the project a.& planned The firstis a set
back variance to allow me to replace the existing garage with an attached garage. The
second is a variance to increase height of the current structure which is required because
the existing house and lot are non-conforming. Because variances were granted to the
previous o~er of the property, it is necessary for me to demonstrate hardship to obtain
approval for the additional variances.
BenefitslHighlightSi>f the plan:
· The tootprint of the house and garage will not change.
· Aesthetic Improvement to the home
. Granting the requested variances will not increase the hard cover on the property.
. The increase in hard cover for extending the driveway will be offset by the
elimination of the walkway from the driveway and garage to the home as well as
landscaping adjacent to the walkway, and the decks currently located at the
eastern and southern entrances to the home.
. In addition, relocating the garage on the site actually improves the sight lines to
Lake Minnetonka
Feel free to call me with any questions at 470-0586 regarding the plan. Thank you for
your consideration.
..
"
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CITY OF SHOREWOOD
RESOLUTION NO. 02-
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO MICHAEL AND SUSAN NEWBERG
WHEREAS, Michael and Susan Newberg (Applicants) are the owners of real property
located at 26045 Birch Bluff Road, in the City of Shorewood, County of Hennepin, legally
described as;
"Lots 1,2,3,20,21 and 22, Block 2, Manns Addition to Birch Bluff Lake Minnetonka"
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the
construction of an attached garage on the north end of the home, the area of which will bring the
total area of accessory space on the property up to 1945.5 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 5
May 2003, 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 6 May 2003, 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 27 May 2002, 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 subject property is located in the R-1C/S, Single-family
ResidentiallShoreland zoning district and contains approximately 49,266 square feet of area.
2. The total proposed accessory space (1945.5 square feet) does not exceed the floor
area above grade of the principal structure (4633 square feet).
3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R-1 CIS zoning district in which it is located (2000 square feet).
4. The design and materials of the proposed attached garage are consistent with the
architectural character of the existing home.
5. The existing home is nonconforming with respect to the rear yard setback.
6. The proposed attached garage complies with all setback requirements for the R-IC/S
zoning- district.
CONCLUSION
A. That the application of Michael and Susan Newberg for a Conditional Use Permit as set
forth herein above be and hereby is granted.
B. That this approval is subject to the following:
1. That the proposed garage will be used strictly for purposes of a residential nature.
2. That the Applicants are 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.
C. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with 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 SHOREWOOD this 27th day of May 2003.
.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
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.
.
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:
1 May 2003
RE:
Purcell, Peter - C.D.P. for Accessory Space in Excess of 1200 Square Feet
FILE NO.:
405 (03.12)
BACKGROUND
Mr. Peter Purcell has applied for a conditional use permit to construct accessory space in
excess of 1200 square feet on the property located at 23735 Gillette Curve (see Site Location
map - Exhibit A, attached). Mr. Purcell proposes to demolish an existing detached garage on
the property and replace it with a new, larger detached garage to the southwest of the house.
Since the area of the garage, combined with a small utility shed on the site, exceeds 1200
square feet, a C.D.P. is required.
The property is zoned R-IC, Single-Family Residential and contains 23,168 square feet in
area. As shown on Exhibit B, the site is occupied by the owner's home, the existing garage,
and a 12' x12' shed. The new garage(Exhibit C) contains 1490 square feet. Combined with
the utility shed, the amount of accessory space on the site will total 1634 square feet. The
proposed garage will be located southwest of the existing home, ten feet from the side lot line
and approximately 47 feet from the rear lot line. Plans for the new garage are illustrated on
Exhibit D, attached. The existing home contains 1692 square feet of floor area in one and
one-half stories above grade.
ANAL YSIS/RECOMMENDATION
Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional
use permits for accessory space over 1200 square feet. Following is how the applicant's plans
comply with the Code:
n
\.J PRINTED ON RECYCLED PAPER
:# 6.D.
.
.
Memorandum
Re: Purcell CUP
1 May 2003
a. The total area of accessory buildings (1634 square feet) does not exceed the floor area
(1692 square feet) above grade of the existing home. It must be mentioned that a
discrepancy exists between the survey calculations and what appear to be the calculations
of the applicant's architect. As part of the final approval, this discrepancy must be
resolved. The calculations must be prepared by a registered land surveyor, engineer,
landscape architect or architect.
b. The total area of accessory buildings does not exceed 10 percent oIthe minimum lot size
for the R-1C zoning district (.10 x 20,000 = 2000 square feet).
c. The proposed garage complies with R-1C setback requirements. Given the size of the
proposed structure, the City may wish to require some additional landscaping, especially
on the west side of the building. Since the proposed building is located only 10 feet from
the side lot line, it is recommended that some sort of tall Arborvitae or dense deciduous
shrub (at least three) be used to break up the mass of the building. Trees should be at
least four feet in height. Shrubs should be at least five gallon potted.
d. The architectural character of the new building will be the same as the existing house.
Siding will match the house. The roofwill be metal, but little detail has been provided.
The applicant should provide details as to the style and color of the roof.
Based upon the preceding analysis, it is recommended that the applicant's request for a
conditional use permit be granted, subject to the following:
1. The applicant must provide a bid for proposed landscaping. From the bid a letter of credit
or cash escrow for one and one halftimes the amount of the work must be submitted with
the building permit application. The trees should be planted no later than 30 September of
this year.
2. Details of the roof must be provided.
3. The applicant is advised through this memo, and ultimately through the Council resolution
approving the C.D.P. that home occupations require a separate permit. This permit does
not include any kind of home occupation permit.
cc: Craig W. Dawson
Tim Keane
Joe pazandak
Peter Purcell
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SITE LOCATION
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Exhibit D
PROPOSED BUILDING ELEVATIONS
CITY OF SHOREWOOD
RESOLUTION NO. 03-_
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO PETER AND JOAN PURCELL
WHEREAS, Peter and Joan Purcell (Applicants) are the owners of real property
located at 23735 Gillette Curve, in the City of Shore wood, County of Hennepin, legally
described as:
"Lot 6, Block 1, MINNETONKA HlLLS FIRST ADDITION, according to the plat
thereof and situate in Hennepin County, Minnesota: 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 a detached garage which, when combined with existing accessory space on
the property, will bring the total amount of accessory space on the property to approximately
1634 square feet; 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
May 2003, 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 6 May 2003, 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 27 May 2003, 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 RESOL YED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The total area of accessory space (1634 square feet) does not exceed the floor area
above grade of the principal structure (1692 square feet).
2. The Applicants' lot contains approximately 23,168 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-IC Zoning District in which it is located (2,000 square feet).
-1-
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3. The design and materials of the garage are compatible with the architectural
character of the existing home.
4. The proposed garage complies with all setback requirements for the R-l C District.
CONCLUSION
1. The application of Peter and Joan Purcell for a Conditional Use Permit as set forth
herein above be and hereby is granted.
2. This approval is subject to the Applicants submitting a landscape plan providing
screening on the west side of the building. The landscape plan is subject to review and
approval by the Planning Director and must be accompanied by a cash escrow or letter of
credit guaranteeing that the landscaping will be done by 15 September 2003.
3. That the Applicants are 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.
.
4. 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 27th day of
May 2003.
WOODY LOVE, MAYOR
ATTEST:
.
CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR
-2-
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (952) 474-3236 Fax (952) 474-0128
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
May 22, 2003
.
RE:
Drainage Concerns 5985 Eureka Road
Ms. Katie Snyder, resident of 5985 Eureka Road asked to address the City Council, with regard to
drainage concerns for their property. Pursuant to this request, this item has been placed on the agenda.
Undoubtedly, many are familiar with the large pond that forms under what appears to be the normal
rainfall events along Eureka Road. The area is very flat to the east and traps a large amount of water.
Attachment 1 is a location map of the subj ect area.
This problem became very evident under the heavy rains received last year. Staff recommended to the
City Council that the cross culvert under Eureka Road be replaced. At that time, the Council approved
the replacement, but stated a preference to perform the work at a time school busses were not running,
as this would present a large inconvenience to the school district. Therefore, this culvert replacement
is to be completed after the end of the school season.
. Ms. Snyder will be present at the meeting, and desires to speak with the City Council.
#811
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EXISTING HOME
EXISTING GARAGE
DECKS
BIT, DRIVEWAY
BITUMINOUS ROAD
~ RETAINING WALLS
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TOTAL HARDCOVER
PARCEL AREA
% COVERAGE
1} 062 SQ, FT.
450 SQ. .FT.
268 SQ, FT.
956 SQ. FT.
11 019 SQ. FT.
.:40 1 SQ. FT ,/
353 SQ. FT.'/
488 SQ. FT,
51 007 SQ, FT.
121141 SQ, FT.
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PROPOSED HARD COVER TABULATION:
PARCEL
.
EXISTING HOME
PROPOSED GARAGE
DECKS
BIT, DRIVEWAY
BITUMINOUS ROAD
RETAINING WALLS
ROCK BANK
TOTAL HARDCOVER
PARCEL AREA
% COVERAGE
1) 062 SQ, FT,
450 SQ, FT"
268 SQ, FT,
11 500 SQ, FT,
1)019 SQ, FT,
89 SQ, FT.
363 SQ, FT.
4) 751 SQ, FT,
12) 141 SQ, FT,
39%
Exhibit K
HARDCOVER CALCULATIONS
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AREA TOPOGRAPHY
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CITY. OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MAYOR
RobertRascop
COUNCI L
Jan Haugen
Tad Shew
Krlati StoVer
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
MEMORANDUM
TO:
FROM:
DATE:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
BRAD NIELSEN
29 MAY 1986
.
RE: BERGSTRAND, ROBERT - SETBACK VARIANCE
;'''
FILE NO.: 405 (86.~)
BACKGROUND
Mr. Rober~ Bergstrand has requested a setback variance to build a new
garage on his property located at 27100 Edgewood Road (see Site Location
map - .Exhibit A, attached). As explained in his request letter (Exhibit B,
attached), he proposes to replace an old existing single-car garage with
a new two-car garage. Although the new garage would be 10 feet from each
side lot line (see Exhibit C, attached), it would still require 10 foot
variances on each side due to the shoreland zoning of the property.
.
In addition to the shore land zoning classification, the property is zoned
R-1A, Single-family Residential. As can be seen on Exhibit C, the lot is
grossly substandard, particularly with regard to width. It measures approx-
imately 42 feet at the front building line, tapering to 30.5 feet at the
lake.
ANALYSIS/RECOMMENDATION
The staff report, dated 28 May 1986, for the James Schultz variance request
raises serious concern over the new 20 foot lakeshore side yard setback,
particularly for older development. The comments made relative to this
concern are not repeated herein, however, they should be considered in the
evaluation of this request.
Aside from the general concern over the increased setback requirement, the
following specific factors suggest that the request is reasonable:
A. The new garage, despite its increased size, replaces one which is
quite substandard, both in terms of repair and itR location on the
lot. At two feet froI? the side lot line, the old garage doesn't
even meet the minimum setback required by the State Building Code.
~~. 1
A Residential Community on Lake Minnetonka's South Shore
.
Re: Robert Bergstrand - Setback Variance
29 May 1986
B. As a matter of policy, the City has, in past requests, recognized
that the lack of a two-car garage in Minnesota's climate constitutes
a hardship.
C. Section 200.03 Subd. 1 of the Shorewood Zoning Ordinances requires
that expansion of nonconforming structures on substandard lots should
not exceed a floor area to lot area ratio of 30 percent. While this
request does not propose to expand a nonconforming structure, the
same principal still applies. The total area of existing and pro-
posed structures is approxiamtely 1466 square feet. The lot size,
less roadway area, is 11,120 square feet. The resulting .floor area
to lot area ratio in this case is only 13 percent.
.
Based on the preceding, it is suggested that the Planning Commission recommend
approval of the variance subject to the new garage being built within one year
of Council approval.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Robert Bergstrand
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'SITE LOCAT tback variance
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Exhibit C
PROPERTY SURVEY
Proposed garage shown shaded
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Certificate of Survey
for Ibber't J. Bergstrand
in Block 3, Sampsons Upper lake Park
Hennepin County, Minnesota
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I hereby certify that this is a true
and correct representation of a sur-
\iey'of'that~parto.f Bldck~3. Samp-
sons Upper Lake Park lying westerly of the
East line of said610ck 3 and its norther-
lyextension (said east line being assumed
to be a I ine drawn north perpendicular to
the south line of said Block 3 from a
po int thereon di stant 323.00 feet east, as
measured'along said south line. from the
southwest corner of said Block 3) and
easterly of a line descl~ibect as follows:
Commencing at the southeast corner of
said Block 3; thence on an assumed
bearing of West along the south line of
said Block 3 a distance of 47.00 feet
to the po int of beginning of the line
tobe described; thence ~brth 300413011
East to the silo re oJ lake Minnetonka
and said lin~ there ending,
and of the location of an existing house and
garage thereon. It does not purport to Sho~1
other improvements or encroachments.
GORDON INC.
..,.a; .r
G::H~do n . No. 6064
Land Surveyor and Planner
Long Lake, Minnesota
Date : 9-6-77 I .,tr_iIIJ I""i' ,n 12-28-8'1
Scale: 111 :: 40'
o Iron marker
CITY OF
SHOREWOOD
MAYOR
Robert Flascop
COUNCI L
J~ Haugen
Tad Shaw
Kristl Stover
Robert Gegne
ADMINISTRATOR
Deniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
DATE:
28 AUGUST 1986
.
RE:
BERGSTRAND, ROBERT - C.U.P. AND VARIANCE, EXPANSION OF A
NONCONFORMING STRUCTURE
FILE NO.: 405 (86.38)
BACKGROUND
.
In June of this year, Mr. Robert aergstrand received a setback variance to build
a garage on his property located at 27100 Edgewood Road (see Site Location map -
Exhibit A, attached). He now prpposes to add a second story and extensively
remodel the existing cabin located on the site. As you may recall, the subject
site is quite substandard for the R-1A zoning district, particularly with regard
to width and area. In addition to the nonconformity of the lot, the cabin is
nonconforming in that it does'mot meet the required side yard setbacks. While
20 feet is required, the cabin is only five feet from the easterly lot line and
almost touches the westerly lot line. Due to this nonconformity, any expansion
requires a conditional use permit. Since the expansion will increase the non-
conformity of the structure, a variance has also been requested.
The existing cabin measures approximately 24' x 42' and contains 1024 square
feet. The proposed second story addition would double the floor area and convert
the single-bedroom cabin to a three-bedroom house. Plans for the expansion and
remodeling are shown on Exhibits C - F.
ANALYSIS/RECOMMENDATION
Despite the extent of nonconformity of the site and the existing cabin, there are
several factors which suggest that the variance allowing an increase in the
nonconformity may be justified. First, the cabin is considered to be very small.
One bedroom homes are extremely difficult to market. Even a couple with no
children would typically want more space.
Secondly, lot configuration (in this case, extreme narrowness) is specifically
cited in the criteria for consideration of variances. In this case, virtually
the only way to expand is to go straight up.
A Residential Community on Lake Minnetonka's South Shore
Ait. II.
.
.
Re: Bergstrand, Robert-CUP & Variance
28 August 1986
Relative to the development of substandard lots, the Zoning Ordinance imposes a
maximum floor area to lot area ratio of 30 percent. Even with the new garage and
the proposed addition, the ratio would only be 22 percent.
Finally, it is worth noting that there is a vacant 21-foot strip of land on the
east side of the property. The owner is not interested in selling it because she
feels that the lake access enhances the value of her property across the street.
Since this property is unbuildable, it creates some open space between the subject
property and the property to the east.
If the City is willing to grant the variance, it is suggested that the following
conditions be imposed:
1. The proposed plan extends the easterly wall approximately two feet beyond the
existing foundation wall. This wou~d not be a problem except for the location
of a large oak tree near the southeast corner of the building. It is likely
that additional excavation near the roots of that tree will result in loss
of the tree. It is recommended that the building not extend beyond the
existing walls, or it should be designed so as to not disturb the roots of the
tree.
2. The Council resolution approving the request should clearly state that in
granting the variance, it is intended that no further expansion of the
structure should be allowed.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Robert Bergstrand
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Exhibit B
PROPERTY SURVEY
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Certi ficate of Survey
For Ibbert J. Bergstrand
in Block 3, Sampsons Upper Lake Park
Hennepin County. r-tinnesota
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I hereby certify that this Is a true
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measured along said south line. from the
southwest corner of said Block 3) and
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Commenc ing at the southeast corner of
said Block 3; thence on an assumed
bearing of West along the south line'of
said Block 3 a distance of 47.00 feet
to the point of beginning of the line
to be descr i bed; thence ~rth 3004'30"
East to the silo re Q,f Lake t4innetonka
and said line there ending,
and of the location of an existing house and
garage thereon. It does not purport to show
other improvements or encroachments.
Date : 9-6-77, ,,(""'''J _#ffy M 12-Z8-''(
Scale: 1" :: 40'
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05/0}/2003 13:25
9524749575
KELLV LAW BUILDING
PAGE 01
.
KELLY LAW OFFICES
E.Hablished 1948
351 SECOND STReET
EXCELSIOR, MINNESOTA 55331
MARK W. KELLY
WII..I.IAM F. KF.;LLY (1922-1995)
(962) 474-5911
FAX 474-€I!S75
Apri130,2003
.
Planning Department
City of Shorewood
5755 County Club Road
Shorewood, MN 55331.
VIA POST AND FAX: (952)474-0128
Re: Variance Application, John 0'
27100 Edgewood Road, Shore
PID No. 29-117-23..33..0012
Attention: Bradley J. Nielson, Planning. irector
i
Dear Mr. Nielson and Planning Commi~ ion:
j
.
I represent Phyllis Lovrien) property 0 : er of 27095 Edgewood Road,
Shorewood, Minnesota. Ms. Lovrien co' troIs a 20-foot strip of land running
between Edgewood Road and La.ke Min etonka on the easterly boundary of
27100 Edgewood Road. I
I
We respectively request that the City PI' ning Commission and City Council
deny this variance as not meeting the due hardship test imposed by State
statute.
Th.e proposed variance to permit cons ction at 27100 Edgewood Road is
objected to by Ms. Lovrien as it constit ,tes an unnecessary encroachment on
the reasonable code required side yard I, etback. The plan encroaches the
setba.ck by adding a second story to th ~ existing encroachment and crea.ting a
new encroachment by the siting of the 'roposed garage.
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The plight of the owner is not due to ci , umstances unique to the property.
Rather, they arc created by the owner. i hey will alter the character of the
immediate locality creating a towering ( posing structure in violation of the
side yard setback. I
05/~/2003 13:25
9524749575
KELLY LAW BUILDING
PAGE 02
\
,
KELLY LAW OFFICES
There remains to the owner a. reasonab. e use of the subject property: the
property as is. Granting a variance in I is very narrow lot violates the spirit
and intent of the zoning ordinance. '
. Sincerely,
~_. .~/,
For these reasons, the variances shaul i be denied.
i
Please be advised that my client plans : 0 install such fencing and! or vegetation
as may be necessary to screen her 20- ot property line from the residence at
27100 Edgewood Road. This will effec : vely create a walling effect along the lot
line to prevent inadvertent encroachm~ t on her property.
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Mark W. Kelly
MWK/taa
CI;;: Phyllis Lovrien
oc::orge Lovri.cn
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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
FROM:
Brad Nielsen
DATE:
22 May 2003
RE:
O'Donnell Variances - Revised Hardcover Calculations
FILENO.
405(03.09)
.
One of the issues raised in the 30 April staff report was a discrepancy regarding
hardcover calculations between the existing site and the proposed site plan. The
applicant initially stated that the amount of hardcover would be reduced from 42
percent to 39 percent. His surveyor has prepared revised calculations showing that
the amount of impervious surface on the property is currently 39 percent and will
remain at 39 percent, still 14 percent more than the Shoreland District allows.
If you have any questions relative to this matter, please do not hesitate to contact me
prior to Tuesday night's meeting.
Cc: Craig Dawson
Tim Keane
John O'Donnell
ft
~., PRINTED ON RECYCLED PAPER
..
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:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
1 May 2003
Welty, Mark - C.D.P. for Accessory Space in Excess of 1200 Square Feet
405 (03.10)
BACKGROUND
.
Mr. Mark Welty has applied for a conditional use permit to construct accessory space in
excess of 1200 square feet on the property located at 5330 Howard's Point Road (see Site
Location map - Exhibit A, attached). Mr. Welty proposes to build a new detached garage to
the north of the house. Since the area ofthe garage, combined with an existing attached
garage on the property exceeds 1200 square feet, a C.D.P. is required.
The property is zoned R -lA/S, Single-Family ResidentiallShoreland and contains 67,801
square feet in area. As shown on Exhibit B the site is occupied by the owner's home and
attached garage, and a small 10' x 12' shed. The new garage contains 1290 square feet.
Combined with the existing garage, the amount of accessory space on the site will total 1839
square feet. The proposed garage will be on the north side of the existing home, 48-53 feet
from the side lot line, approximately 65 feet from Lake Minnetonka, and 200 feet back from
Howard's Point Road. Plans for the new garage are illustrated on Exhibit C and D, attached.
The existing home contains 3700 square feet of floor area.
ANALYSIS/RECOMMENDATION
Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional
use permits for accessory space over 1200 square feet. Following is how the applicant's plans
comply with the Code:
n
'-~ PRINTED ON RECYCLED PAPER
:I/: 0. B.
Memorandum
Re: Welty CUP
1 May 2003
a.
The total area of accessory buildings (1839 square feet) does not exceed the floor area
(3700 square feet - main floor) above grade of the existing home.
b.
The total area of accessory buildings does not exceed 10 percent of the minimum lot size
for the R-IA/S zoning district (.10 x 40,000 = 4000 square feet).
c.
The proposed garage complies with R-IA/S setback requirements. Despite the size of the
proposed structure, it is relatively hidden from adjoining properties. A large hill and
existing vegetation buffer the new building from its nearest neighbor to the north.
.
It is worth noting that the proposed hardcover for the site will be 24.99 percent, the
maximum allowed in the "S", Shoreland overlay district. Since the calculations on
Exhibit E do not include the existing portable shed or the landscaped; areas with plastic
under them, it is expected that the shed will be removed and the plastic will be replaced
by landscape fabric.
d. The architectural character of the new building will be the same as the existing house.
Siding and roofIng will match the house.
Based upon the preceding analysis, it is recommended that the applicant's request for a
conditional use permit be granted, subject to the following:
1. The existing shed and landscape plastic should be removed before the builder calls for a
framing inspection on the new building.
.
2. There are a number of areas on the survey where the dimensions do not match the scale of
the drawing. Since the survey becomes a permanent record for the property and can be
used for future work on the property, this must be resolved prior to issuance of the
building permit.
cc: Craig W. Dawson
Tim Keane
Joe pazandak
Mark Welty
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. SITE LOCATION
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hat part of Lot 8, Howard's Point described as follows :
Commencing at a point in the North line of Lot 3, Howard's Point. distant 100.8 feet West of the Northeast corner of said Lot 3;
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PROPOSED NORTH END ELEVATION
03 045 HARD COVERCALCS
HARDCOVER CALCULATIONS FOR MA..l{K R. WELTY
Lot area = 67,801 Sq. ft.
(30% = 20,340 Sq. ft.)
House = 3,871 Sq. ft.
Shed = 120 Sq. ft.
Patio (room) = 257 Sq. ft.
Deck = 684 Sq. ft.
Patio (concrete) = 574 Sq. ft.
including steps and walls
Stepping stones = 120 Sq. ft.
Blacktop driveway (previously gravel) = 2,633 Sq. ft.
Blacktop driveway = 3,554 Sq. ft. .
.Stone patio around pool (including pool) = 3047 Sq. ft.
Front stone walk = 525 Sq. ft.
Rear stone walk (65% hardcover) 179 x 0.65 = 116 Sq. ft.
Concrete = 56 Sq. ft.
Rock walls (including rock ring) = 76 Sq. ft.
Boulders = 19 Sq. ft.
Proposed Garage = 1290 Sq. ft.
Total hardcover = 16,942 Sq. ft.
16,942/67,801 x 100 = 24.99%
.
Page 1
GRONBERG & ASSOCIATES. INc..
445 N. WILLOW DR.
WNG LAKE, MN .55356
Exhibit E
HARDCOVER CALCULATIONS
. APR,-2T03(SUN) 22:52
MM&SFINANCIALINC
TEL:612 376 1528
FILE C~py
1 Equity MSG
1 <GO> .to PURGE. 2 <GO> to REPLY. 3 <GO> to FORWARD. 99<GO>MENU OF OPTIONS
4/28 11:54
From: .NICK DENNIS. MARSHALL FINANCIAL I
612 376 1490
MINNEAPOLIS
~ SALES AND TRADING '.S 612/316/1490 DR 1491. CLERRING 1331. FRX 612/376/1528
USER BRADLEY NIELSEN 04/28/03
INFO PLANNING DIRECTOR: CITY OF SHOREWDDD, MN.
AS THE NEXT DOOR NEIGHBOR TO MARK AND KIM WELTY AT 5330
HOWARDS POINT ROAD, I HAVE NO OBJECTIONS AND WOULD BE IN FAVOR
OF THE CITY GRANTING A CONDITIONAL USE PERMIT FOR THEM TO BUILD
AN ATTACHED GARAGE ON THEIR PROPERTY.
RESPECTFULLY,
..A.......N r,. A~ D NIS
/..
536 HOWARD
SHOR ODD,
SENT VIA: FAX.
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!olong Kotlg 8:52 D'17 6000 Joplin 91 3 3201 8900 Sl.~~ 6S 6212 1000 u.s. 1 212 318 2000 CoPur'iQht 2003 810C1111ber1J L.P.
G744-2i:6-1 2~ 111154107
1'."18
CITY OF SHOREWOOD
RESOLUTION NO. 03-_
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO MARK AND KIM WELTY
WHEREAS, Mark and Kim Welty (Applicants) are the owners ofreal property
located at 5330 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 a detached garage which, when combined with existing accessory space on
the property, will bring the total amount of accessory space on the property to approximately
1839 square feet; 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
May 2003, 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 6 May 2003, 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 27 May 2003, 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 (1839 square feet) does not exceed the floor area
above grade of the principal structure (3700 square feet).
2. The Applicants' lot contains approximately 67,801 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-1A/S Zoning District 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-
4. The proposed garage complies with all setback requirements for the R-IA/S
District.
CONCLUSION
a. The application of Mark and Kim Welty for a Conditional Use Permit as set forth
herein above be and hereby is granted.
b. This approval is subject to the Applicants submitting a landscape plan providing
screening on the west side of the building. The landscape plan is subject to review and
approval by the Planning Director and must be accompanied by a cash escrow or letter of
credit guaranteeing that the landscaping will be done by 15 September 2003.
c. That the Applicants are 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.
d. The City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this Resolution for filing with the Hennepin Cotmty Recorder or Registrar of
Titles.
.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of
May 2003.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR
.
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
5 May 2003
RE:
Newberg, Michael and Susan - C.D.P. for Accessory Space in
Excess of 1200 Square Feet
FILE NO.:
405 (03.11)
BACKGROUND
.
Michael and Susan Newberg have submitted plans for a significant, two-level addition to
their home at 26045 Birch Bluff Road (see Site Location map - Exhibit A, attached). The
lower level of the addition consists of two garages, a workshop and a potting room,
totaling 1945.5 square feet of area. Since the amount of accessory space exceeds 1200
square feet, the Newbergs have applied for a conditional use permit.
The property is zoned R-lC/S, Single-Family ResidentiallShoreland and contains 49,266
square feet of area. Exhibit B shows the location of the existing house and the proposed
addition. The existing house contains approximately 2728 square feet. of floor area above
grade. As can be seen on Exhibit B, the existing house is nonconforming with respect to
the rear yard setback. Instead of being 40 feet from the south property line, the house is
less than one foot from the line. The proposed addition, however, is over 85 feet from the
rear lot line.
The proposed addition contains 1905 square feet. Including the workshop area and the
potting room, the lower level contains 1945.4 square feet of area. The floor plan for the
existing house is shown on Exhibit C. Plans for the addition are shown in Exhibits D-H.
n
\,~ PRINTED ON RECYCLED PAPER
# (P. f...
Memorandum
Re: Newberg CUP
5 May 2003
ANAL YSIS/RECOMMENDATION
Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific
criteria for granting this type of conditional use permit. Following is how the applicants'
proposal complies with the Code:
a. The total area of accessory space (19455 square feet) does not exceed the total
floor area above grade of the principal structure (4633 square feet).
b. The total area of accessory space does not exceed ten percent of the minimum lot
area for the R-1C/S zoning district (.10 x. 20,000 square feet = 2000 square feet).
.
c.
The proposed garage complies with the setback requirements of the R -1 CIS
zoning district. Hardcover on the property will go from approximately 13.2
percent to 16.6 percent, remaining in compliance with the 25 percent maximum.
It should be noted that there are two large evergreen trees in front of the existing
house. One of these will be removed. Since the lower level will only show three
garage doors, it is not considered necessary to add landscaping in front of the
house. There are already several evergreens on the east side ofthe lot that help to
break up the largest elevation of the building as viewed from the home to the east.
d. As shown on Exhibit G, the new accessory space will be integrated into the
architecture of the existing home. As such the rooflines, materials and
architectural character of the garages are consistent with the principle dwelling.
.
In light of the preceding, the applicant's request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore recommended that the
conditional use permit be granted as requested.
Cc: Craig Dawson
Tim Keane
Joe pazandak
Michael and Susan Newberg
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SITE LOCATION
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PROPERTY SURVEY