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081202 CC Reg AgP '" , " . '. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 12, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel Lizee Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, July 22,2002 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes, July 22,2002 (Att.-#2B Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.-#3A Claims List) B. Appointing the 2002 Primary and General Election Judges (Att.-#3B Draft Resolution) C. Establish October 26, 2002 as Fall Clean-Up Day (Att.-#3C Public Works Director's memorandum) D. Setback Variance and Conditional Use Permit (Att.#3D Draft Resolution) Applicant: Lake Fellowship Unitarian Church Location: 24575 Glen Road E. Setback Variance (Att.-#3E Draft Resolution) Applicant: Marlow Peterson Location: 4985 St. Alban's Bay Road F. Zoning Ordinance Text Amendment Establishing Interim Conditional Uses (Att.-#3F Draft Ordinance) G. Interim Conditional Use Permit - Ohland (Att.-#3G Draft Resolution) .. i .' CITY COUNCa AGENDA - AUGUST 12,2002 i. PAGE 2 OF 2 H. Dvorak variance (Att.-#3H Draft Resolution) I. Quandt minor subdivision (#31 Draft Resolution) J. Setting the Date for the Budget Work Session meeting (Att.-#3J Finance Director's memorandum) K. Establish Fee for Multiple Boat Dock Facility (Att.-#3K Planning Director's Memorandum; Draft Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on Park Commission Meeting Held July 23,2002 (Att.-#5A Draft Minutes) B. Request from Excelsior Community Library to use the City Hall Parking Lot for a Skateboard Demonstration as part of the October is Teen Read Month Celebration (Att.-#5B-Public Works Director's memorandum) C. Request to approve recreational management scope of services (Att.-#5C Public Works Director's memorandum) D. Agreement with South Tonka Little League for South Concession Stand (Att.-#5D Administrator's memorandum, Agreement) 6. PLANNING - Report by Representative A. Organized Refuse Collection Ordinance (Att.-#6A Planning Director's memorandum, Ordinance) 7. GENERAL A. Liquor Committee Report 8. ENGINEERING/PUBLIC WORKS 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Public Safety Facilities B. Mayor & City Council 10. ADJOURN .~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 12, 2002 PUBLIC SIGN-IN SHEET For the record, please urint your name and address below. Thank you. Name Address f!' 1. "hd I :{6r-..o ^, A I e'f VJ:. j&\ 4" ,(" . ;( ~i ~ '. ".. 's". 50 2. J ~V\ '\ eel Le~ ~.r II :::, I · ~c; () tf=o'j- C:-f- Ch h ~'i sseh ~./ 0 \ S--S~.~ \ ~ Ce.,fS 10'1 J 3. ;M d.v-- ":\ Y V\. lJ t a..;t l ~ If' 0 C!.o:.-Y\J't.r- Sj"1 UJ~'\a... }''l N sS.5 ~ 7 4. 5. 6. 7. 8. 9. 10. . 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, 12 August 2002 , 6:00 p.m. - Council Work Session An EDA Meeting will be held following the Regular Council Meeting An Executive Session will following the EDA Meeting Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This item approves tile list of Elections Judges to officiate at the September 10, 2002 Primary and November 5,2002 General Elections. Agenda Item #3C: This item establishes October 26,2002 as Fall Clean-Up Day. Staffis recommending approval of the motion. Agenda Item #3D: Items 3D and E,H and I are all follow-up resolutions that the Council directed to be prepared at the 22 July meeting. All require simple majority votes for approval. . Agenda Item #3F: This ordinance establishes a new zoning tool- interim conditional uses. At its 22 July meeting, the Council considered the recommendations of staff and the Planning Commission and directed staff to prepare a formal ordinance amendment, the adoption of which requires a simple majority vote. Agenda Item #3G: At the 22 July Council meeting, the Council directed staff to prepare a resolution approving an interim conditional use permit for Brian Ohland. This new zoning tool will allow Mr. Ohland to remodel and expand his home, subject to a condition that he will cease conducting his landscape business on the property within three years. The resolution requires a simple majority vote and is contingent upon the adoption of the ordinance amendment in Item 3F. (Note: the resolution will be forwarded under separate cover). Agenda Item #3J: The Council is requested to set a date for the 2003 budget work-session. Staff recommends Monday, August 19,2002 at 6:30 PM. The work-session is expected to last 1-1/2 to 2 hours. ft ~J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 12 August 2002 Page 2 of2 Agenda Item #3K: In conjunction with a recent zoning violation action, we discovered that a fee has never been established for multiple dock facility licenses as provided for in the L- R zoning district. The attached resolution recommends a fee of $2 per authorized boat slip. Adoption of the resolution requires a simple majority vote. Agenda Item #5A: A Park Commission representative will be present to report on the July 23, 2002 Park Commission meeting. Agenda Item #5B: The Excelsior Community Library has submitted a request to host a skate board demonstration. The firm known as 3rd Lair Skate Rink has expressed their desire to perform at the Southshore Community Park on October 5th. Due to traffic and parking concerns, .the Park Commission has recommended that the. demonstration take place at the City Hall parking lot at 3:00 p.m., on the date requested. Agenda Item #5C: This item is a draft scope of services for firms to provide contract Park and Recreation Coordinator selVices. The Park Commission reviewed the scope of selVices during their July 23rd Park Commission meeting, and found it to be in order with minor . revisions. The intent of this scope of selVices is to contract with individuals or firm to assist City Staff in the coordination of organized sports. Agenda Item #5D: The City Council directed the City Attorney and Staff to compile a draft agreement with South Tonka Little League for the south concession stand. The agreement has been prepared, reviewed by the Park Commission, and recommended for approval by the Park Commission. This agreement has been reviewed by representatives of South Tonka Little League, and have agreed to the contract. Agenda Item #6A: After many months of study and pursuant to statutory requirements, the Planning Commission has recommended a City Code amendment that limits the days of refuse collection to Wednesdays. This ordinance will take effect as of 1 October 2002. Some of the licensed refuse haulers in Shorewood have already begun to comply. Approval of the amendment requires a simple majority vote. . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JULY 22, 2002 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:30 P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 6:37 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson . Absent: None B. Review Agenda Mayor Love reviewed the Agenda, noting the purpose of the meeting was to interview Mr. Andrew Fletcher and Ms. Sue Davis for consideration of appointment to the Park Commission. 2. INTERVIEW. CANDIDATE FOR APPOINTMENT TO THE PARK COMMISSION As Mr. Andrew Fletcher was not present this evening, Ms. Sue Davis of 5495 Valleywood Circle was interviewed for possible appointment to Park Commission. The Council and Ms. Davis discussed the role of the Park Commission as it relates to the needs of the City. 3. ADJOURNMENT . Turgeon moved, Garfunkel seconded, adjourning the City Council Special Meeting of July 22,2002, at 7:03 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Woody Love, Mayor ATTEST: Bradley J. Nielsen, Acting City Administrator #0<;1 '" .. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 22, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Zerby seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of July 8, 2002 Garfunkel moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of July 8, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA 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. Temporary Appointment of Full-Time Planning Assistant C. Approval of Massage Therapist License Motion passed 5/0. 4. MATTERS FROM THE FLOOR There was no one present wishing to speak on matters from the floor. 5. PRESENTATIONS AND REPORTS A. Report by Tom Skramstad, Lake Minnetonka Conservation District (LMCD) Representative Tom Skramstad, LMCD representative for the City of Shorewood, provided a quarterly report to Council on the actions of the LMCD in recent months. He noted the recent High Water Declaration, a motorized ttJB '" CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 2 of 10 watercraft amendment regarding usage on various creeks, addition of two Water Patrol Deputies, usage of solar lighting on various buoys found in high traffic areas, initiation of the yearly milfoil harvesting program, establishment of a program to keep zebra mussels out of the lake, implementation of a communication plan, approval of the 2003 LMCD budget, completion of the annual financial audit, and the annual dock audit whereby multiple dock license sites are audited for compliance with licensing. A more detailed account of the LMCD endeavors can be found on the LMCD Web site at http://www.1mcd.org.Mr. Skramstad stated feedback was being gathered on how best to communicate the initiation of the High Water Declaration as well as the new solar lighting on buoys. " Mr. Skramstad introduced Lili McMillan, LMCD Boardmember. Ms. McMillan presented a framed Proclamation of Recognition, on behalf of the LMCD, to Mayor Love for his efforts in securing legislation restricting the sale of phosphorus fertilizer. She noted the lakes to be the jewel ill the crown of the State, and the enacted legislation would be helpful to the entire state as a result of the efforts of Mayor Love regarding this legislation. A photograph was taken and the framedresolutioll presented to Mayor Love. Mayor Love humbly thanked the LMCD for this honor, but stated the passing of the legislation was through the efforts of many people. He cited City staff, other local cities, writs of government and State . Representatives also responsible for bringing the legislation to fruition. He stated he was proud to have been a part of the process, and was deeply humbled by the efforts of all involved in that process. B. Presentation by The Legacy Foundation regarding The Commons Project in Excelsior Michael Reichert, of the Legacy Foundation, presented information on the efforts of the Foundation regarding the Commons Project in Excelsior, Minnesota. He also noted the attendance of Terry Forbord and Bob Weiss, Boardmembers of the Legacy Foundation. He stated the Legacy Foundation was.formed by of a group of business owners wishing to preserve the historic area surrounding Lake Minnetonka through bold creative ideas. He stated Excelsior was a rich historical area, and the endeavors of the Foundation on its' Commons Project agreed with the rich history of the area. He reviewed photos of the proposed public dock as well as conceptual architectural designs of the bathhouse, concession building, a shelter picnic pavilion, and additions to the bandshell area, and landscaping elements including a boardwalk area leading to a public fishing area. Mr. Reichert stated the architectural styling was . reminiscent of the amusement park era. He also anticipated these conceptual renderings would be reworked and detailed a bit more with delivery to the City of Excelsior in approximately 60-90 days. In response to a question from an audience member, Mr. Reichert explained the dock project could potentially be completed in winter of 2002, and building projects completed by Winter 2003-2004. He stated this Commons Project was hoping to deliver long-term solutions for the improved livability of generations to come. Mayor Love thanked members of the Legacy Foundation for the wonderful presentation. He noted the amazing foresight of the leaders of 150 years ago that preserved the Commons Area in Excelsior, one of only two such areas in the United States. He also stated he believed the improvements to the public access of the lake was important as it linked all other lake communities to the South Lake Minnetonka community. Members of the Council stated they were impressed and excited with. the plans that demonstrated historical sensitivity and yet provided complementary support to the anticipated outcomes of the Visioning Process in place for many of the South Lake Minnetonka communities. . . CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 3 of 10 Mayor Love further commented the Council supported the efforts of the Legacy Foundation in this matter, and would like to receive future updates as to the progress and success of the project. C. Request for funds from Friends of the Southshore Community Center Joyce Flury and Marge Lund, representatives of the Southshore Community Center, and Friends of the Southshore Community Center group, respectively, were in attendance this evening. Ms. Flury stated the groups utilizing the Center were excited to be celebrating five years of use. She noted this celebration was hoping to attract additional interested persons to the Center and its activities for seniors as well as to help raise funds for a maintenance escrow account for the building. She noted the current programs generating revenue for the Center and invited Council to participate in the anniversary events. In addition, she stated The Friends of the Southshore Community Center was requesting $1,000 from the City of Shorewood to help build the maintenance account for the Center. Ms. Lund also reported on various programs being utilized by many residents of the South Lake Minnetonka area in addition to the seniors in the area. Councilmember Lizee stated she believed the Southshore Community Center to be a vital part of the community serving many people in the area. She also stated to be able to maintain such an asset was important. Lizee moved, Turgeon seconded, donating $1000 to the Friends of the Southshore Community Center maintenance escrow fund. Mayor Love thanked the representatives for being present this evening and also for allowing the use of the Center as a symbolic neutral area for meetings involving the five member cities involved in construction of the Joint Public Safety Facility for the South Lake Minnetonka fire and police departments. Motion passed 5/0. D. Presentation by George Watson Regarding County Road 19 Corridor Study - Streetscape Concept George Watson, of Brauer and Associates, presented information regarding the County Road 19 Corridor Study and Streetscape Concept. He reviewed the history of the project thus far, bringing the Council up to date on the current conceptual design of the streetscape project. At the May 21,2002, Joint Meeting of Commissions and Council, he noted refinements had been suggested. He stated those refinements had been incorporated into this current conceptual design plan, and stated he was seeking comment from Council on this concept. He stated that as he had reviewed the existing structures and topography of the area, he noted it would be important visually to bury the existing power lines along the corridor. Additionally, he stated it was important to focus on creating and maintaining pedestrian circulation in this area. He noted the importance of providing pedestrian circulation through or near several amenities, including Badger Park and Gideon Glen, in the area to be included in the project. He stated design was continuing on creating a memorable visual feature near the intersection area of County Road 19/5mithtown Road/Country Club Road as part of the project. He also suggested moving the Gideon Glen marker closer to the LRT for more visual attention by people traversing the area. Mr. Watson suggested Council view this conceptual. design as a long-range plan and asked Council to consider supporting the concepts and ideas presented this evening. Director Nielsen stated any trails proposed through this plan would need to be considered as part of the Park Commissions' trail implementation process, as well as addressed in the City's Comprehensive Plan. CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 4 of 10 Councilmember Lizee stated she liked the concept plan presented and would like to see involvement and cooperation with the City of Tonka Bay regarding this project. Engineer Brown noted the City of Tonka Bay was not willing to participate in undergrounding utilities as part of this project. Mayor Love stated beyond the aesthetics of burying existing utilities in the area, safety and functionality were also to be considered. He stated he would be pleased to meet with representatives from Tonka Bay, along with Councilmember Lizee, to see if cooperation could be attained in moving the project forward together. Garfunkel moved, Zerby seconded, Accepting the Streetscape Concept Plan as presented. Motion passed 5/0. 6. i>ARKS A. Report on Park Commission Meeting Held July 9,2002 Commissioner Bartlett reported on matters considered and actions taken at the July 9, 2002, Park Commission Meeting (as detailed in the minutes of that meeting). . Engineer Brown stated the nets on the tennis courts had all been adjusted to the regulation height of 36" through the use of a temporary hitch installed into the pavement structure. In response to Councilmember Turgeon's question, he responded that a first draft feasibility report was being completed on the trail along Lake Linden Drive. 7. PLANNING Commissioner White reported on matters considered and actions taken at the July 16, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Setback Variance Applicant: James Quandt Location: 22425 Murray Street Director Nielsen explained the applicant had requested a variance to build a second-story addition onto . his home at 22425 Murray Street. He further explained the existing house and garage encroached into the required rear yard setback area of the lot. Director Nielsen also explained the topography of the lot with the house perched on top of a prominent hill, and the site dropping away in all directions. He also noted the applicant owned the property immediately west of the subject site. The existing house contained approximately 1280 square feet of area, and the applicant proposed adding a second story of equal area, necessitating a rear-yard setback variance of nine feet. He explained that although there was room to expand the house within the buildable area of the lot, hardcover restrictions prevented outward expansion. He also stated the Zoning Code allowed that where setback deficiencies existed, the required setback could be made up on the other side. Since the existing buildings encroached 47 feet into the rear yard, a restriction could be established restricting construction in the northerly 47 feet of the wide portion of the lot. He also recommended the applicant be required to provide a conservation easement over this portion of the lot, where topography proved difficult for construction. He also suggested the applicant could subdivide 30 feet from the rear of his vacant land to the west and combine it with the homestead property. By adding additional land to the site, the percentage of hardcover would. be reduced and a problem for any future owner of the lot to the west would be eliminated. James Quandt, applicant, was in attendance and offered to answer any questions Council had of him. CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 5 of 10 Councilmember Turgeon requested Item 2E, be added to the Conclusions portion of the Findings of Fact for this matter addressing the issue of a conservation easement over a portion of the property. Item 2E was to read: e. The applicant shall grant the City a conservation easement over the northerly 47 feet of the widest part of the lot to assure that no building will be located there in the future. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-061, "A Resolution Approving a Setback Variance, subject to Planning Commission recommendations, for James Quandt", as amended. Motion passed 5/0. B. Setback Variance and Conditional Use Permit Applicant: Lake Fellowship Unitarian Church Location: 24575 Glen Road . Director Nielsen stated the Commission had held a Public Hearing to consider an after-the-fact conditional use permit for a parking lot constructed by the Lake Fellowship Unitarian Church on their property at 24575 Glen Road. He went on the explain the parking lot had been constructed within the front-yard setback area of the property, and that matter had been continued to July in order for church representatives to determine whether a variance application or correction of the work was necessary. The representatives had commissioned a soils engineer for soil testing in the vicinity of the parking area, and had since decided to apply for a variance. Findings by the soil engineer indicated the ground to the north of the current parking lot was not suitable to support either the parking lot or continuous poured concrete curbing required by the Shorewood Zoning Code. The applicants had placed large logs at the perimeter of the parking area with dirt backfilled behind them, in lieu of curbing. These findings were also in accordance with recommendations of the Minnehaha Creek Watershed District (MCWD) regarding the preference for a "sheeting" type of stormwater runoff versus directed runoff found through a curb and gutter system. Screening was considered adequate for the site. Director Nielsen recommended approval of the variance, given the findings of the soil engineer; however, the recommendation should include a provision of the parking lot being striped and the three parcels of land on which the church was located being legally combined. Completion of the items was recommended by end of August of this year. . Kelly Komro, Vice Chair of the Lake Fellowship Church Board, stated they had to decide to increase the safety on the site as well as enhance the appearance of the lot. She also noted the founding members of the Church were in attendance. She also thanked the Planning Commission and Director Nielsen for help and support given regarding this request. She stated the striping would be completed in August of this year, and she had already contacted Henrtepin County regarding the combination of the lots. She stated a Board meeting would be taking place in September, 2002. In addition, she noted landscaping and grounds maintenance to be a continued priority for the Church. Councilmember Turgeon stated she would like to see maximum plant heights within the landscaping also made part of the conditions of the resolution. Turgeon moved, Lizee seconded, Approving a Conditional Use Permit, subject to Staff recommendations, as well as a maximum planting height of 30-36 inches for landscaping and Directing Staff to Prepare a Findings of Fact for a Setback Variance, subject to Staff recommendations, for the Lake Fellowship Unitarian Church, 24575 Glen Road. Motion passed 5/0. 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I-l Pol ~ 0 00 ........ I\) r:s o S. ~ Q. g. g. 0 ~ ~.::t ~ Q. ~ 00 0<: g Otl c:n 0 E;!0ClQ.g.0 g......oo@""ll\)os::j>>. ~N~ e g. ~ 0 ~CIl Ef 0 0 ~. a ~.o<: e. ~~. ~&l g g 00' 0 "0 Pol 0 s:: @ CD 0 e. j>> Q. (") =:s ::r 0 ~ ~. 00 ...."0 f 00 Q. '"1 ;:l. .vO (") 0 - 0 .... ::r ::s "0 0 0 s:: I\) g S CD ""l I\) CI.l::S g 0 Otl ~ 8. g, 8 ~ ~ c"~ ~ !r g.8 e; s. g, !r 8, ~ ~ S' g. g. g. ft i g. el s. g. g s.lE. e: Q.OtlelrOtloooQ.::SQ.g,00tl0~::s700 . t"">CI.l 0"C0 l"l "l:l go a:=:= "'l"l l"l op;1':'" ?a<: .. P; "'l ... P; ~!;ioI;; \O~o COP; u."'l 000" t*~ >Iod _0 C"'.... P; 0 = ;;i ~o ." = tI:l ~ ~ o ~ ~ ~~~ ~ t"4~ O'I~~ O~~ ....~o ....~t::l QQz ~~ F ~ ~ ~ a= = ~ ~ ~ ~ 1-3 I.!I!J 00 ~ CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 7 of 10 Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 02-062, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Rick Bateson." Motion passed 5/0. E. Setback Variance Applicant: Dennis and Laura Dvorak Location: 5670 Echo Road Director Nielsen explained the applicants had requested a setback variance to construct an attached two- car garage on their property at 5670 Echo Road. The property was zoned Single Family Residential, and contained approximately 11,721 square feet of area. In addition to the substandard lot area, the lot was six feet narrower than the zoning district allowed and had a parallelogram shape. . The proposed garage measured 22' x 26' and was to be constructed in front of an existing small single - car garage attached to the south end of the home. The request necessitated a six-foot variance to the side yard setback requirement. Also, the applicants proposed converting the existing garage into a family room, extending four feet beyond what existed currently. The existing house contained approximately 1348 square feet of floor are, including the garage. The addition would add 653 square feet to the footprint of the house. Existing hardcover for the site was 33.6 percent, however; the applicants proposed reducing the hardcover by installing landscape fabric where plastic currently existed. In analysis, Director Nielsen noted the house did not meet setbacks on the west and north sides of the lot, thus, leaving the only expansion of the home to be on the east side of the property. The new garage would be 43 feet from the front property line. Director Nielsen further explained the applicant's request seemed justified according the variance criteria. He noted the substandard area of the lot to be aggravated by its shape. He also noted the presence of a two-car garage was commonly enjoyed by most residential properties in the <;:ity. With regard to granting variances, he stated the criteria stated the variance must be minimized to the extent possible. To this extent, the expansion of the old garage to increase the family room size was not justified, and he recommended the existing south end of the structure remain as it currently existed. Additional landscaping was not required. He noted the Planning Commission had voted unanimously to recommend approval of a variance for the garage. The Commission also recommended denial of family room addition, citing the applicant had other options for expanding the house without a variance. . Laura Dvorak, applicant, was in attendance, and stated she would be available to answer any questions Council may have had of her. Lizee moved, Zerby seconded, Directing Staff to Prepare Findings of Fact for a Setback Variance for an attached two-car garage for Dennis and Laura Dvorak, 5670 Echo Road. Motion passed 5/0. F. Zoning Ordinance Text Amendment Director Nielsen noted the next two items were related. He then reviewed the draft Interim Conditional Use Permit Text Amendment. G. Interim Conditional Use Permit Applicant: Dan Ohland Location: 25070 Smithtown Road Director Nielsen explained the applicant owned the property at 25070 Smith town Road. In addition to his home, the applicant used the property to operate his landscape excavating business. Although that use was allowed previously as part of a Conditional Use Permit (CUP), it had become a nonconforming use CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 8 of 10 i of under current zoning regulations. As such, the business was considered to be "grandfathered in," however any kind of expansion to the business or the residential use of the property was prohibited while the business existed on the site. The applicant now wished to either substantially remodel and increase the size of the house or build a new house on the site. While he was not yet willing to quit or relocate the business, he had indicated a willingness to do so in three years. As a result, the City Attorney suggested the use of an interim use ordinance to accommodate the applicant's plans for the site. Director Nielsen then reviewed advantages to the applicant and to the City regarding the specific end date to the nonconforming use. . . Mr. and Mrs. Ohland were in attendance and stated they would be available to answer any questions Council had of them. Councilmember Zerby expressed concern for lack of effort to follow through on items found in development agreements and conditional use permits by parties involved in the contract. He also expressed concern for the complaints of neighbors regarding the noise on site. Councilmember Turgeon . stated she had no problems with the contract in this case, but shared concern for the noise on the site as a result of the landscaping business. Councilmember Zerby stated he would like to include legal costs to remedy any potential aspects of the conditional use permit left unresolved through the process of expiration of the business on that site. Turgeon moved, Lizee seconded, Approving a Draft Interim Conditional Use Permit Ordinance as presented. Motion passed 5/0. Zerby moved, Garfunkel seconded, to Direct staff to prepare a resolution with Findings-of-Fact for an Interim Conditional Use Permit for Dan Ohland, with a condition of the permit to include recovery of legal costs incurred by the City to secure the termination of the conditions set forth in the Interim Conditional Use Permit. Motion passed 5/0. Mayor Love recessed the meeting at 9:32 P.M., and reconvened the meeting at 9:42 P.M. with the exception of Councilmember Lizee who departed the meeting at this time. H. Shorewood Village Shopping Center- R.O.W. Escrow . Attorney Keane explained Staff and Councilmember Lizee had met with Stan Taube, owner and developer of the Shorewood Village Shopping Center regarding issues of the right-of-way monies escrowed for the acquisition of temporary construction easements and permanent rights-of-way at the Shopping Center site. After a brief summary of actions regarding the quick-take proceedings for Council, Attorney Keane explained that after hearing Mr. Taube's fairness arguments, the consensus of the group was to recommend the escrow amount be reduced by certain sums for costs incurred as part of the quick- take proceedings. Attorney Keane reviewed categorical fairness issues for Council. Zerby moved, Garfunkel seconded, to require the landowner to return escrow monies for right-of- way condemnation proceedings, less the legal and appraisal costs, as well as less the costs for temporary easements, not to exceed $36,000 total. Motion passed 4/0. 8. GENERAL It . CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2002 Page 9 of 10 A. Liquor Committee Report Councilmember Garfunkel reported the Shorewood and Tonka Bay liquor committees met jointly on Wednesday, July 17, 2002, to discuss future operations of the Tonka Bay Liquors Store. He noted there were critical factors involved in making this decision as the County Road 19 project would soon be getting underway and intent needed to be made clear in this issue. He stated the City of Tonka Bay believed any such decision was still premature, as the decision would be predicated upon the compensation received from Hennepin County for the liquor store as part of the intersection project. Mayor Love stated he had expressed support for Tonka Bay to Hennepin County in a letter urging fairness as well as the maximum amount of compensation be granted to Tonka Bay in this matter. Representatives of Hemlepin County had indicated the intersection could not proceed as planned until all three units. of government came to agreement with regard to the compensation issue. . Councilmember Turgeon whether any progress could be made on the project as a result of this issue. Engineer Brown stated other parts of the project, such as utility work and retaining wall work, could progress this year. Councilmember Turgeon suggested reviewing all options carefully in the next 30-60 days to determine whether the City should tenninate the working relationship with Tonka Bay in the liquor store operations. Administrator Dawson stated a meeting of the Liquor committees would again be taking place on Tuesday, July 23, 2002, with a recommendation to the City Council being made at the August 12, 2002, Regular City Council Meeting. B. Making an Appointment to the Park Commission Administrator Dawson explained interviews had been conducted this evening for a Park Commissioner to hold the spot vacated recently by Dan Puzak on the Park Commission. He stated Sue Davis, 5495 Valleywood Circle, had been interviewed for the position and with approval of the subsequent resolution would fill the appointed position though January 31, 2004, on the Park Commission. . Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-063, "A Resolution Making Park Commission Appointments." Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Reject Bids - Freeman Park Parking Lot Engineer Brown stated bids were received and opened on July 17, 2002, for the Freeman Park Parking Lot and South Access Closure to Trunk Highway 7. He noted the summary of the bids received and the Engineer's estimate to be quite discrepant. Results of an analysis conducted by the Engineer as to why the discrepancy was occurring with the anticipated cost of this project, yielded similarities with bidding situations with other metropolitan cities as well. As a result of discussions with contractors with regard to the substantial increase in bidding in the past two weeks, Staff' believed the increases were based on current fuel increases, the economy, and higher labor costs. Staff then contacted representatives of the Minnesota Department of Transportation to verify that the compensation for this project would still be available in the spring should COtmcil choose to decide to reject bids and re-bid the project next spring. After weighing all factors, Staff was recommending approval of a resolution to reject all bids and authorize the return of the bid bonds. . CITY COUNCn.. REGULAR MEETING MINUTES JULY 22, 2002 Page 10 of 10 Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-064. "A Resolution Rejecting Bids for the Freeman Park Driveway Closure, Parking Lot Improvements and Appurtenant Work for City Project No. 02-04." Motion passed 4/0. II i Engineer Brown stated a discussion regarding the grading of the parking lot near Shorewood Oaks to help with drainage concems in that area would be slated for the Agenda of the August 12, 2002, Regular City Council Meeting. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson explained the Mayor and he had met with the Minnehaha Creek Watershed Board with regard to examination and redesign of the project in an effort to encourage greater participation by Hennepin County in the project. He anticipated this redesign could take approximately two months with construction and improvements to take place in 2003. He stated further reports on this matter would . continue as made available. 2. County Road 19 Intersection Staff noted there was nothing further to report on this matter at this time. 3. Public Safety Facilities Administrator Dawson stated aloint Meeting of the Member City Councils would take place on July 24, 2002, to discuss the Public Safety Facilities in the Cities of Deephaven and Shorewood. He noted a Conditional Use Permit had been submitted to the Shorewood Planning Commission for review, and an Eastside location was being planned on the municipal campus of the City of Deephaven. B. Mayor & City Council There were no additional matters requiring further report by the Mayor and Council. . 11. ADJOURN Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of July 22, 2002, at 10:23 P.M. Motion passed 4/0. Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Bradley J. Nielsen, Acting City Administrator .. . . PAYABLES APPROVALS For 8/12/02 Council Meeting ~I dl7 Prepared by: rlt/t.M);u f~ Catherine Elk~. 8j. A~ountant Reviewed by: ~ ~ Bonnie Burton, Finance Director w/A6 Approved by: Craig Dawson, City Administrator Date: g- -7-O;-::J.. Date: ~;0 Z/ Date: *"3 A Check Approval Listfor 8/12/02 Council Meeting Description Check Date Invoice # 33316 Check # Vender Name PIZZA HUT 7/22/02 33317 33318 33318 33318 33319 33319 33319 33320 33321 33322 33322 33322 33322 33323 33324 33325 33325 33325 33325 33326 33327 33328 33328 33328 33328 33328 33328 33329 33330 33331 33331 33331 33331 7/22/02 COUNCIL MTG TOTAL FOR PIZZA HUT ADVANCED IMAGING S CONTRACT SVCS 7/25/02 7607 TOTAL FOR ADVANCED IMAGING SOLUTIONS INC ARCTIC GLACIER INC 7/25/02 MB219409 ARCTIC GLACIER INC 7/25/02 MB219609 ARCTIC GLACIER INC 7/25/02 MB219610 TOTAL FOR ARCTIC GLACIER INC AT&T WIRELESS SERV AT&T WIRELESS SERV AT&T WIRELESS SERV TOTAL FOR AT&T WIRELESS SERVICES DAWSON, CRAIG JUN/JUL MILEAGE & EXP TOTAL FOR DAWSON, CRAIG EXCELSIOR-CITY OF 2ND QTR WATER CONNECTIONS TOTAL FOR EXCELSIOR-CITY OF FORTIS BENEFITS INS STD PREM-AUGUST FORTIS BENEFITS INS STD PREM-AUGUST FORTIS BENEFITS INS STD PREM-AUGUST FORTIS BENEFITS INS STD PREM-AUGUST TOTAL FOR FORTIS BENEFITS INS CO GOV'T FINANCE OFFIC FINANCE RESOURCE BOOKS 7/25/02 TOTAL FOR GOV'T FINANCE OFFICERS ASSN GOVT FINANCE OFCRS FINCL REPTG SEMINAR 7/25/02 TOTAL FOR GOVT FINANCE OFCRS ASSOC HEALTHPARTNERS AUG DENTAL PREM 7/25/02 16973363 HEALTHPARTNERS AUG DENTAL PREM 7/25/02 16973363 HEALTHPARTNERS AUG DENTAL PREM 7/25/02 16973363 HEALTH PARTNERS AUG DENTAL PREM 7/25/02 16973363 TOTAL FOR HEALTHPARTNERS HENNEPIN COUNTY TR JUNE ROOM/BOARD 7/25/02 625 TOTAL FOR HENNEPIN COUNTY TREASURER ICMA CONFERENCE R ANNUAL CONFERENCE 7/25/02 TOTAL FOR ICMA CONFERENCE REGIST AUG HEALTH PREM 7/25/02 10221310220 AUG HEALTH PREM 7/25/02 10221310220 AUG HEALTH PREM 7/25/02 10221310220 AUG HEALTH PREM 7/25/02 10221310220 AUG HEALTH PREM 7/25/02 10221312545 AUG HEALTH PREM 7/25/02 10221312545 TOTAL FOR MEDICA MIDWEST COCA-COLA 7/25/02 63227132 TOTAL FOR MIDWEST COCA-COLA BOTTLIN PAWS, CLAWS & HOOV IMPOUNDS/BOARDING 7/25/02 TOTAL FOR PAWS, CLA WS & HOOVES PET QUALITY WINE & SPIRI 7/25/02 147765-00 QUALITY WINE & SPIRI 7/25/02 14n66-00 QUALITY WINE & SPIRI 7/25/02 14n67-00 QUALITY WINE & SPIRI 7/25/02 14n68-00 7/25/02 2893733-071 7/25/02 4160966-071 7/25/02 4160966-071 7/25/02 7/25/02 7/25/02 7/25/02 7/25/02 7/25/02 MEDICA MEDICA MEDICA MEDICA MEDICA MEDICA Amount $25.63 $25.63 $150.00 $150.00 $79.80 $39.00 $79.80 $198.60 $11.44 $34.84 $135.01 $181.29 $39,31 $39.31 $2,593.35 $2,593.35 $76.50 $10.50 $6.00 $10.50 $103.50 $75.00 $75.00 $585.00 $585.00 $34.66 $34.67 $60.67 $508.80 $638.80 $465.00 $465.00 $570.00 $570.00 $99.27 $694.84 $997.86 $5,492.65 $272.02 $3,450.08 $11,006.72 $181.71 $181.71 $38.90 $38.90 $557.98 $79.15 $1,085.65 $189.98 . . 'W~dl~~~day:A~g;~st07;2jjo2'.... p. ,'......-.,..; '.-' -....................-,.,."'....""......,."...-..-........,..- . :i. '; ;. :::;,.;_:,. ,,:;,"-:;.:._:.i.,..:.~..::...::'::2~)~..::.,.::.'.,',:..:..:.,:::;::.c..'",.:";'.:: .. '";~.~;.::.:~.,::;.'.i.~".~~:^..:/._:_~,;,::'.;,:::;_:.::.>~_....:..:.",," Page 1 of9 Check # Vender Name Description Check Date Invoice # Amollnt 33331 QUALITY WINE & SPIRI 7/25/02 147769-00 $1,612.00 33331 QUALITY WINE & SPIRI 7/25/02 14nn-00 $79.27 33331 QUALITY WINE & SPIRI 7/25/02 148063-00 $6.46 TOTAL FOR QUAliTY WINE & SPIRITS CO $3,610.49 33332 SUN PATRIOT NEWSP ORDINANCE 388 7/25/02 251 $43.78 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $43.78 33333 THORPE DISTRIBUTIN 7/25/02 266043A $30.30 TOTAL FOR THORPE DISTRIBUTING COMPA $30.30 33334 TONKA BAY-CITY OF 2ND QTR WATER/SEWER 7/25/02 $104.29 33334 TONKA BAY-CITY OF 2ND QTR WATER/SEWER 7/25/02 $249.00 33334 TONKA BAY-CITY OF 2ND QTR WATER/SEWER 7/25/02 $286.29 TOTAL FOR TONKA BAY-CITY OF $639.58 33335 TONKA PRINTING CO. ENVELOPES-IMPRINTED PUBLIC H 7/25/02 2587 $225.78 TOTAL FOR TONKA PRINTING CO. $22$.78 33336 TOWLE REAL ESTATE AUG RENT 7/25/02 $4,825.44 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,825.44 33337 UNUM LIFE INSURANC AUG L TO PREM 7/25/02 $12.98 . 33337 UNUM LIFE INSURANC AUG L TO PREM 7/25/02 $20.61 33337 UNUM LIFE INSURANC AUG L TO PREM 7/25/02 $21.41 33337 UNUM LIFE INSURANC AUG L TO PREM 7/25/02 $227.07 TOTAL FOR UNUM liFE INSURANCE CO $282.07 33338 US POSTMASTER PSTG FOR AUGUST NEWSLETTER 7/30/02 $816.98 TOTAL FOR US POSTMASTER $816.98 33339 AFSCME COUNCIL 14 AUGUST UNION DENTAL PREM 7/31/02 $270.20 TOTAL FOR AFSCME COUNCIL 14 $270.20 33340 ANDERSON, KRISTI B. 2ND HALF JULY SVCS 7/31/02 $150.00 TOTAL FOR ANDERSON, KRISTI B. $150.00 33341 ARCTIC GLACIER INC 7/31/02 DX220106 $72.00 33341 ARCTIC GLACIER INC 7/31/02 MB218212 $69.60 33341 ARCTIC GLACIER INC 7/31/02 MB218906 $131.44 33341 ARCTIC GLACIER INC 7/31/02 MB219411 $59.40 33341 ARCTIC GLACIER INC 7/31/02 MB219608 $49.80 . 33341 ARCTIC GLACIER INC 7/31/02 MB220010 $153.60 33341 ARCTIC GLACIER INC 7/31/02 MB220313 $27.28 33341 ARCTIC GLACIER INC 7/31/02 MB220316 $32.40 33341 ARCTIC GLACIER INC 7/31/02 MF220114 $64.80 33341 ARCTIC GLACIER INC 7/31/02 MF220115 $90.00 TOTAL FOR ARCTIC GlACIER INC $750.32 33342 BERRY COFFEE CO 7/31/02 299290 $22.00 TOTAL FOR BERRY COFFEE CO $22.00 33343 CARLSON TRACTOR & 7/31/02 2006941 $539.49 TOTAL FOR CARLSON TRACTOR & EQUIP CO $539.49 33344 CONSTRUCTION BULL PKG LOT IMPR BID AD 7/31/02 2094307 $128.02 33344 CONSTRUCTION BULL PKG LOT IMPR BID ADS 7/31/02 2094308 $128.02 33344 CONSTRUCTION BULL PKG LOT IMPR BID ADS 7/31/02 2099151 $128.02 33344 CONSTRUCTION BULL PKG LOT IMPR BID AD 7/31/02 2099152 $128.02 TOTAL FOR CONSTRUCTION BULLETIN $512.08 33345 DAY DISTRIBUTING 7/31/02 183048 $38.40 33345 DAY DISTRIBUTING 7/31/02 183048 $1,122.50 TOTAL FOR DAY DISTRIBU11NG $1,160.90 33346 ELKE, CATHERINE JULY MILEAGE 7/31/02 $28.11 Check # Vender Name Description Check Date Invoice # 33347 Amollnt 33348 33349 33350 33350 33350 33350 33350 33351 33352 33353 33354 33354 33355 33355 33355 33356. 33356 33356 33356 33356 33356 33357 33357 33357 33357 33358 33359 33360 33361 33362 33362 33362 33362 TOTAL FOR ELKE, CATHERINE ESS BROTHERS & SON MANHOLE RING TOTAL FOR ESS BROTHERS & SONS INC EXCELSIOR CHAMBER MEMBERSHIP DUES 7/31/02 TOTAL FOR EXCELSIOR CHAMBER OF COMM EXTREME BEVERAGE 7/31/02 67403 TOTAL FOR EXTREME BEVERAGE HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE TOTAL FOR HERMEL WHOLESALE ICMA RETIREMENT TR PAYROLL DEDUCTIONS 7/30/02 7/31/02 302131-0730 TOTAL FOR ICMA RETIREMENT TRUST-457 KLEIN, JENNIFER CHECK REPLACEMENT 7/31/02 TOTAL FOR KLEIN, JENNIFER LOCAL LINK USA BUSI INTERNET SVC 7/31/02 952204663-0 TOTAL FOR LOCAL UNK USA BUSINESS SERVIC LONG LAKE POWER E SPOOL W/L1NE 7/31/02 36793 LONG LAKE POWER E 7/31/02 37167 TOTAL FOR LONG LAKE POWER EQUIPMENT 7/31/02 416971C 7/31/02 433073 7/31/02 433074 7/31/02 EE3033 7/31/02 3622n 7/31/02 364932 7/31/02 364933 7/31/02 364937 7/31/02 365171 MARK VII MARK VII .MARK VII TOTAL FOR MARK VII MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING TOTAL FOR MARLIN'S'TRUCKING MIDWEST COCA-COLA 7/31/02 63229054 MIDWEST COCA-COLA 7/31/02 63232082 MIDWEST COCA-COLA 7/31/02 63234138 MIDWEST COCA-COLA 7/31/02 64543088 TOTAL FOR MIDWEST COCA-COLA BOTTLIN MINN NCPERS GROUP AUG PREM 7/31/02 TOTAL FOR MINN NCPERS GROUP UFE INS MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 7/31/02 TOTAL FOR MN CHILD SUPPORT PMT CTR MN SUN PUBLICATION ORDINANCE 388 7/31/02 524088 TOTAL FOR MN SUN PUBLICATIONS NIELSEN, BRADLEY MILEAGE EXP JUL 2001-MAR 2002 TOTAL FOR NIELSEN, BRADLEY PANCHYSHYN, JEAN JULY MILEAGE/EXPENSES PANCHYSHYN, JEAN JULY MILEAGE/EXPENSES PANCHYSHYN, JEAN JULY MILEAGE/EXPENSES PANCHYSHYN, JEAN JULY MILEAGE/EXPENSES 7/31/02 11235/261 7/31/02 11235/261 7/31/02 11236/262 7/31/02 11236/262 7/31/02 11237/263 7/31/02 11237/263 7/31/02 7/31/02 7/31/02 7/31/02 7/31/02 ., .......-........." ......__. n........,,,"...,,......,,",",... :.::.. ~.:.,.;.~:;.:::::,:i~,.~ ....__ .. _ ~~"",:,,,'....,",,,,,,....~':'h.":':_ ~".",:".^".."..".^"."";.:,^="-,,,..;;. Wednesday; Aitgllst 07, 2002 $28.11 $89.46 $89.46 $155.00 $155.00 $64.00 $64.00 $494.40 $840.00 $461.44 $395.52 ($65.92) $2,125.44 $1,191.88 $1,191.88 $138.77 $138.77 $99.95 $99.95 $25.96 ($18.15) $7.81 ($63.75) $1,723.00 $92.95 $1,752.20 $48.60 $48.60 $108.45 $108.45 $52.65 $52.65 $419.40 $115.79 $156.33 ($1.72) $29.10 $299.50 $12.00 $12.00 $173.51 $173.51 $53.62 $53.62 $543.11 $543.11 $10.59 $17.35 $21.29 $4.02 . . .........."-..--.. Page 3 0/9 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR PANCHYSHYN, JEAN $53.25 33363 PAZANDAK, JOSEPH MILEAGE 7/15.7/26/02 7/31/02 $138.34 TOTAL FOR PAZANDAK, JOSEPH $138.34 33364 PEPSI COLA COMPANY 7/31/02 34775065 $83.40 TOTAL FOR PEPSI COLA COMPANY $83.40 33365 PERA PAYROLL DEDUCTIONS 7/30/02 7/31/02 $2,180.37 33365 PERA PAYROLL DEDUCTIONS 7/30/02 7/31/02 $2,364.21 TOTALFOR PERA $4,544.58 33366 PRUDENTIAL INS CO 0 AUG LIFE INS PREM 7/31/02 $2.60 33366 PRUDENTIAL INS CO 0 AUG LIFE INS PREM 7/31/02 $74.15 33366 PRUDENTIAL INS CO 0 AUG LIFE INS PREM 7/31/02 $37.05 33366 'PRUDENTIAL INS CO 0 AUG LIFE INS PREM 7/31/02 $4.55 33366 PRUDENTIAL INS CO 0 AUG LIFE INS PREM 7/31/02 $2.60 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $120.95 33367 PURCHASE POWER METER REFILL 7/31/02 $1,019.00 TOTAL FOR PURCHASE POWER $1,019.00 33368 QUALITY WINE & SPIRI 7/31/02 148055-00 $30.79 . 33368 QUALITY WINE & SPIRI 7/31/02 150072-00 $272.96 33368 QUALITY WINE & SPIRI 7/31/02 150073-00 $296.70 33368 QUALITY WINE & SPIRI 7/31/02 150074-00 $716.08 33368 QUALITY WINE & SPIRI 7/31/02 150192-00 $158.54 33368 QUALITY WINE & SPIRI 7/31/02 150193-00 $802.37 33368 QUALITY WINE & SPIRI 7/31/02 150194-00 $76.95 33368 QUALITY WINE & SPIRI 7/31/02 150194-00 $201.96 33368 QUALITY WINE & SPIRI 7/31/02 150247-00 $1,149.76 TOTAL FOR QUAUTY WINE & SPIRITS CO $3,706.11 33369 QWEST DEX 7/31/02 01175069900 $5.50 33369 QWEST DEX 7/31/02 01175070000 $197.70 33369 QWEST DEX 7/31/02 01175070300 $79.30 TOTAL FOR QWEST DEX $282.50 33370 QWEST 7/31/02 $57.56 TOTAL FOR QWEST $57.56 33371 STAR TRIBUNE DAILY NEwsPAPER RENEWAL 7/31/02 $27.95 . TOTAL FOR STAR TRIBUNE $27.95 33372 SUN PATRIOT NEWSP THORNBERG CUP 7/31/02 270 $31.00 33372 SUN PATRIOT NEWSP WAKEFIELD CUP 7/31/02 271 $31.00 33372 SUN PATRIOT NEWSP CUP FOR PUBLIC SAFETY FACILITY 7/31/02 272 $31.00 33372 SUN PATRIOT NEWSP ORDINANCE 388 7/31/02 278 $35.82 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $128.82 33373 THORPE DISTRIBUTIN 7/31/02 266044 $12.85 33373 THORPE DISTRIBUTIN 7/31/02 266044 $2,392.55 33373 THORPE DISTRIBUTIN 7/31/02 266213C ($5.00) 33373 THORPE DISTRIBUTIN 7/31/02 266813 $1,422.35 33373 ' THORPE DISTRIBUTIN 7/31/02 266814 $48.70 33373 THORPE DISTRIBUTIN 7/31/02 266814 $752.70 TOTAL FOR THORPE DISTRIBUTING COMPA $4,624.15 33374 TRI COUNTY BEVERAG 7/31/02 121570 $64.00 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $64.00 33375 VERIZON DIRECTORIE 7/31/02 $19.50 33375 VERIZON DIRECTORIE 7/31/02 $19;50 TOTAL FOR VERIZON DIRECTORIES CORP $39.00 'W~dll~~d~y,Au~::~i 07,200:{:;"" . . . -' ::." ',''':"\" .,..,~... ",;, """" . . ...........-....."".."...>.'......"......... '::.:. ::.::.~.::::'..:'.t:'.;,::;,;:;::',,::;~,::;,.: ......... .."" __,~_ ~,.',.,:., , ,',~,',;.~,'_"',. ^ . ..... ,- ."....... ". . . , ............- ."^,..~....."",, '" ..-."^ Page 4 of9 Check # Vender Name Description Check Date Invoice # Amount 33376 VIKING LAND TREE CA STUMP GRIND 7/31/02 2519 $153.36 TOTAL FOR VIKING LAND TREE CARE INC $153.36 33377 WATERFORD CENTER AUG RENT 7/31/02 0802F $4,926.14 TOTAL FOR WATERFORD CENTER $4,926.14 33378 ZEGLEN, BRIAN ESCROW REF-5960 AFTON RD 7/31/02 $400.00 TOTAL FOR ZEGLEN, BRIAN $400.00 33379 ARCTIC GLACIER INC 8/13/02 MB220812 $75.00 33379 ARCTIC GLACIER INC 8/13/02 MB220814 $78.00 33379 ARCTIC GLACIER INC 8/13/02 MB221008 $29.32 TOTAL FOR ARCTIC GLACIER INC $182.32 33380 ARMOR LOCK & ALAR CHG CODE AND TEST 8/13/02 61563 $82.00 TOTAL FOR ARMOR LOCK & ALARM SVCS $82.00 33381 BELLBOY BAR SUPPLY 8/13/02 35845200 $96.29 33381 BELLBOY BAR SUPPLY 8/13/02 35848000 $53.42 33381 BELLBOY BAR SUPPLY 8/13/02 35848000 $103.42 33381 BELLBOY BAR SUPPLY 8/13/02 35889500 $31.29 TOTAL FOR BELLBOY BAR SUPPLY $284.42 33382 BELLBOY CORPORA TI 8/13/02 24208700 $160.75 33382 BELLBOY CORPORATI 8/13/02 24208800 $448.50 33382 BELLBOY CORPORATI 8/13/02 24208800 $47.25 33382 BELLBOY CORPORA TI 8/13/02 24208900 $1,039.55 33382 BELLBOY CORPORATI 8/13/02 24251500 $981.60 33382 BELLBOY CORPORATI 8/13/02 24251700 $375.65 TOTAL FOR BELLBOY CORPORATION $3,053.30 33383 BERRY COFFEE CO 8/13/02 299289 $22.00 TOTAL FOR BERRY COFFEE CO $22.00 33384 DAY DISTRIBUTING 8/13/02 183887 $288.10 33384 DAY DISTRIBUTING 8/13/02 184726 $18.40 33384 DAY DISTRIBUTING 8/13/02 184726 $342.10 33384 DAY DISTRIBUTING 8/13/02 184728 $1,224.80 33384 DAY DISTRIBUTING 8/13/02 184729 $894.95 33384 DAY DISTRIBUTING 8/13/02 185400 $264.50 33384 DAY DISTRIBUTING 8/13/02185401 $1,079.75 TOTAL FOR DAY DISTRIBUTING $4,112.60 33385 E-Z RECYCLING INC. JULY SVC 8/13/02 4009 $5,973.00 TOTAL FOR E-Z RECYCLING INC. $5,973.00 33386 EARL F. ANDERSEN, IN STREET SIGNS 8/13/02 48491 $311.90 TOTAL FOR EARL F. ANDERSEN, INC. $311.90 33387 EAST SIDE BEVERAGE 8/13/02 258782C ($13.00) 33387 EAST SIDE BEVERAGE 8/13/02 269566 $154.20 33387 EAST SIDE BEVERAGE 8/13/02 272001 $1,679.05 33387 EAST SIDE BEVERAGE 8/13/02 272706 $19.60 33387 EAST SIDE BEVERAGE 8/13/02 272706 $1,715.20 TOTAL FOR EAST SIDE BEVERAGE COMPAN $3,555.05 33388 GRIGGS, COOPER & C 8/13/02 572087 $424.00 33388 GRIGGS, COOPER & C 8/13/02 572088 $172.40 33388 GRIGGS, COOPER & C 8/13/02 572089 $293.35 33388 GRIGGS, COOPER & C 8/13/02 572234 $259.64 33388 GRIGGS, COOPER & C 8/13/02 572235 $624.15 33388 GRIGGS, COOPER & C 8/13/02 572239 $178.80 33388 GRIGGS, COOPER & C 8/13/02 572240 $336.77 33388 GRIGGS, COOPER & C 8/13/02 572248 $174.53 . . . Wednesd~y~ A"tglts't07,'ioij'j';" .' :, "i''': ~"". .'.,.... ...._._...h......'..._......_........ -... ::~.:.:: , ,i:..:.:.:::':. ..:.::.::... .;,.: : '.:_,.:,,-'.:::::~;','.:-:~::.::,,--;:,~':,.:::~::_' .....-... PageS of 9 Check # Vender Name Description 33388 33388 33388 33388 33388 33388 33388 33388 33388 33388 33388 . 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 33389 .33389 33389 33389 . 33390 33390 33390 33390 33390 33390 33390 33390 33390 33390 33390 33390 33391 33392 33392 33392 33392 33392 33392 Check Date Invoice # GRIGGS, COOPER & C 8/13/02 572249 GRIGGS, COOPER & C 8/13/02 575004 GRIGGS, COOPER & C 8/13/02 575005 GRIGGS, COOPER & C 8/13/02 575006 GRIGGS, COOPER & C 8/13/02 575169 GRIGGS, COOPER & C 8/13/02 575169 GRIGGS, COOPER & C 8/13/02 575170 GRIGGS, COOPER & C 8/13/02 575174 GRIGGS, COOPER & C 8/13/02 575175 GRIGGS, COOPER & C 8/13/02 575183 GRIGGS, COOPER & C 8/13/02 575184 TOTAL FOR GRIGGS, COOPER & COMPANY JOHNSON BROS L1au 8/13/02 1431646 JOHNSON BROS L1au 8/13/02 1431646 JOHNSON BROS L1au 8/13/02 1431647 JOHNSON BROS L1au 8/13/02 1431648 JOHNSON BROS L1au 8/13/02 1431648 JOHNSON BROS L1au 8/13/02 1431649 JOHNSON BROS L1au 8/13/02 1431654 JOHNSON BROS L1au 8/13/02 1431654 JOHNSON BROS L1au 8/13/02 1431655 JOHNSON BROS L1au 8/13/02 1434646 JOHNSON BROS L1au 8/13/02 1434647 JOHNSON BROS L1au 8/13/02 1434648 JOHNSON BROS L1au 8/13/02 1434648 JOHNSON BROS L1au 8/13/02 1434649 JOHNSON BROS L1au 8/13/02 1434650 JOHNSON BROS L1au 8/13/02 1434650 JOHNSON BROS L1au 8/13/02 1434654 JOHNSON BROS L1au 8/13/02 1434655 JOHNSON BROS L1au 8/13/02 1434655 JOHNSON BROS L1au 8/13/02 198060 TOTAL FOR JOHNSON BROS LIQUOR CO. LARKIN, HOFFMAN, DA GENERAL MATTERS LARKIN, HOFFMAN, DA PERSONNEL MATTERS LARKIN, HOFFMAN, DA PERSONNEL MATTERS LARKIN, HOFFMAN, DA PERSONNEL MATTERS LARKIN, HOFFMAN, DA ICO/ELLER LARKIN, HOFFMAN, DA 5620 STAR LANE LARKIN, HOFFMAN, DA EAGLE CREST LARKIN, HOFFMAN, DA SMITHTOWN RD STREETITRAIL RO LARKIN, HOFFMAN, DA RON JOHNSON ET AL V CITY ET AL LARKIN, HOFFMAN, DA TH 7/41 ROW CONDEMNATION LARKIN, HOFFMAN, DA PUBLIC SAFETY FACILITY LARKIN, HOFFMAN, DA CUB FOODS TOTAL FOR LARKIN, HOFFMAN, DALY... LUBRICATION TECH, IN GREASE/LUBES TOTAL FOR LUBRICATION TECH, INC MARK VII MARK VII MARK VII MARK VII MARK VII MARKVII ;'W~d'lesda.v;Augu~tii7;-2oii2 .....,...'.,. ,-," "............"..-...........,. . , 'COO" ,~, _..no .. :. .~.:,.,'.~,:i 8/13/02 411979 8/13/02 411980 8/13/02 411980 8/13/02 411980 8/13/02 411981 8/13/02 411981 8/13/02 411981 8/13/02 411982 8/13/02 411983 8/13/02 411984 8/13/02 411985 8/13/02 411986 8/13/02 864660 8/13/02 435761 8/13/02 435769 8/13/02 435774 8/13/02 435775 8/13/02 436986 8/13/02 438471 Amount $454.07 $153.40 $230.10 $153.40 $68.90 $1,127.54 $282.35 $842.54 $123.41 $553.32 $102.75 $6,555.42 $148.95 $581.24 $1,000.40 $1,111.18 $326.75 $1,441.75 $278.45 $394.69 $1,363.25 $827.76 $86.64 $85.25 $361.50 $823.16 $872.54 $186.05 $586.38 $571.46 $22.70 ($118.00) $10,952.10 $1,813.70 $40.66 $40.67 $40.67 $272.00 $85.00 $864.00 $400.00 $75.00 $169.00 $1,587.50 $3,630.00 $9,018.20 $400.08 $400.08 $87.70 $1,425.15 $528.00 $34.40 $215.00 $2,297.90 h."'"-'.'......... .__... Page 60f9 Check # Vender Name Description Check Date Invoice # Amount 33392 MARK VII 8/13/02 438472 $21.80 33392 MARK VII 8/13/02 438484 $1,005.80 33392 MARK VII 8/13/02 438486 $97.50 33392 MARK VII 8/13/02 438498 $2,846.10 33392 MARK VII 8/13/02 438499 $15.20 TOTAL FOR MARK VII $8,574.55 33393 MIDWEST COCA-COLA 8/13/02 63234120 $113.88 TOTAL FOR MIDWEST COCA-COIA BOTTUN $113.88 33394 MINNEGASCO 8/13/02 $12.90 33394 MINNEGASCO 8/13/02 $58.24 33394 . MINNEGASCO 8/13/02 $39.74 33394 MINNEGASCO 8/13/02 $35.32 33394 MINNEGASCO 8/13/02 $58.52 33394 MINNEGASCO 8/13/02 $9.59 33394 MINNEGASCO 8/13/02 $9.59 33394 MINNEGASCO 8/13/02 $9.59 33394 MINNEGASCO 8/13/02 $19.84 33394 MINNEGASCO 8/13/02 $19.29 TOTAL FOR MINNEGASCO $272.62 . 33395 MTI DISTRIBUTING CO CAP ASSEMBLY/SPACER 8/13/02 316161-00 $59.04 TOTAL FOR MTI DISTRIBUTING COMPANY $59.04 33396 NEXTEL COMMUNICATI 8/13/02 $30.10 33396 NEXTEL COMMUNICATI 8/13/02 $30.11 TOTAL FOR NEXTEL COMMUNICATIONS $60.21 33397 OFFICE DEPOT 8/13/02 176427780-0 $66.50 TOTAL FOR OFFICE DEPOT $66.50 33398 PEPSI COLA COMPANY 8/13/02 30867179 $69.17 TOTAL FOR PEPSI COIA COMPANY $69.17 33399 PHILLIPS WINE & SPIRI 8/13/02 854280 $375.00 33399 PHILLIPS WINE & SPIRI 8/13/02 854281 $154.20 33399 PHILLIPS WINE & SPIRI 8/13/02 854281 $66.50 33399 PHILLIPS WINE & SPIRI 8/13/02 854282 $345.60 33399 PHILLIPS WINE & SPIRI 8/13/02 854282 $459.05 33399 PHILLIPS WINE & SPIRI 8/13/02 854285 $221.05 33399 PHILLIPS WINE & SPIRI 8/13/02 854285 $346.90 . 33399 PHILLIPS WINE & SPIRI 8/13/02 856561 $95.00 33399 PHILLIPS WINE & SPIRI 8/13/02 856561 $268.35 33399 PHILLIPS WINE & SPIRI 8/13/02 856561 $714.07 33399 PHILLIPS WINE & SPIRI 8/13/02 856562 $60.00 33399 PHILLIPS WINE & SPIRI 8/13/02 856562 $708.25 33399 PHILLIPS WINE & SPIRI 8/13/02 856562 $693.95 33399 PHILLIPS WINE & SPIRI 8/13/02 856564 $34.75 33399 PHILLIPS WINE & SPIRI 8/13/02 856564 $176.17 33399 PHILLIPS WINE & SPIRI 8/13/02 856564 $810.49 TOTAL FOR PHILLIPS WINE & SPIRITS $5,529.33 33400 SIMPLOT PARTNERS SOIL TEST 8/13/02 24985251 $44.00 TOTAL FOR SIMPLOT PARTNERS $44.00 33401 SPEEDWAY SUPERAM 8/13/02 $888.37 TOTAL FOR SPEEDWAY SUPERAMERICA $888.37 33402 THORPE DISTRIBUTIN 8/13/02 267589 $17.00 33402 THORPE DISTRIBUTIN 8/13/02 267589 $578.45 33402 THORPE DISTRIBUTIN 8/13/02 267695 $1,539.65 August Check # Vender Name Description Check Date Invoice # Amount 33402 33402 33402 33402 33402 33402 33402 33402 33402 33402 33403 33404 . 33405 33405 33405 33405 33405 33405 . 33406 33406 33406 33406 33406 33406 33406 33406 33406 33406 33406 33406 33406 33406 33408 33409 33410 33410 33410 33410 33411 33411 33411 33411 33412 33412 THORPE DISTRIBUTIN 8/13/02 268272 THORPE DISTRIBUTIN 8/13/02 268272 THORPE DISTRIBUTIN 8/13/02 268273 THORPE DISTRIBUTIN 8/13/02 268273 THORPE DISTRIBUTIN 8/13/02 268274 THORPE DISTRIBUTIN 8/13/02 268459 THORPE DISTRIBUTIN 8/13/02 268459 THORPE DISTRIBUTIN 8/13/02 269054 THORPE DISTRIBUTIN 8/13/02 269055 THORPE DISTRIBUTIN 8/13/02 269055 TOTAL FOR THORPE DISTRIBUTING COMPA US FILTER DISTRIBUTI SUPPLIES 8/13/02 8597735 TOTAL FOR US FILTER DISTRIBUTION GROUP VERI40N WIRELESS, B 8/13/02 TOTAL FOR VERIZON WIRELESS, BEILEVUE WSB AND ASSOCIATE FREEMAN PK DRIVEWAY CLOSURE .8/13/02 01074-483-1 WSB AND ASSOCIATE SMITHTOWN RD OVERLAY 8/13/02 01074-583-1 WSB AND ASSOCIATE APPLE RIDGE 8/13/02 01074-674-0 WSB AND ASSOCIATE GENERAL SVCS 8/13/02 01074-990-1 WSB AND ASSOCIATE GENERAL SVCS 8/13/02 01074-990-1 WSB AND ASSOCIATE WARD MAP 8/13/02 01074-990-1 TOTAL FOR WSB AND ASSOCIATES XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY 8/13/02 0114-707-26 8/13/02 0196-307-66 8/13/02 0198-208-36 8/13/02 0356-200-16 8/13/02 0727-302-66 8/13/02 1300-208-10 8/13/02 1373-808-26 8/13/02 1477-205-46 8/13/02 1692-607-26 8/13/02 1765-206-46 8/13/02 1966-609-83 8/13/02 2164-107-16 8/13/02 2270-109-36 8/13/02 2486-903-26 TOTAL FOR XCEL ENERGY US POSTMASTER SEALS OAT MAILING TOTAL FOR US POSTMASTER ALL SAINT'S BRANDS I TOTAL FOR ALL SAINT'S BRANDS INC ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC TOTAL FOR ARCTIC GLACIER INC BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY TOTAL FOR BELLBOY BAR SUPPLY EAST SIDE BEVERAGE EAST SIDE BEVERAGE 8/2/02 8nJ02 4690 8nJ02 MB220711 8nJ02 MB220810 8nJ02 MB221006 8nJ02 MB221009 8nJ02 35778300 8nJ02 35778300 8nJ02 35822800 8/7/02 35822800 8/7/02 262849 8nJ02 266161 ", ," ......--..-,... ..::.....'._'.M..;.....'...;.:.:"".,,,..,,..,.. ,. :..~~..::..;:.::~': _.:.:"::l.'~ :.:.::. ,I :Z.~:.:',:~:<:: ;';,:::-,::,~':::: ~.;::; .:,:;,':,:.,,,;:' ::..,^.' ~.;.._:~ :.._:~.l.:'::. . ; ~ Wednesday, August 07, 2002 $11.50 $1,999.50 $2,679.05 $35.85 $1,105.10 $24.35 $4,525.05 $667.40 $24.35 $5,144.40 $18,351.65 $72.25 $72.25 .$59.58 $59.58 $268.45 $20,134.75 $1,449.00 $199.50 $207.00 $399.00 $22,657.70 $14.76 $556.25 $688.98 $21.48 $362.00 $117.70 $8.32 $536.61 $678.85 $34.37 $155.80 $7.46 $630.09 $27.88 $3,840.55 $78.05 $78.05 $215.00 $215.00 $105.00 $132.60 $42.60 $12.60 $292.80 $15.52 $109.37 $26.01 $44.64 $195.54 $2,686.00 $1,619.20 Page 80f9 Check # Vender Name Description Check Date Invoice # Amount 33412 EAST SIDE BEVERAGE am02 266161 $32.50 33412 EAST SIDE BEVERAGE am02 269567 $566.10 TOTAL FOR EAST SIDE BEVERAGE COMPAN $4,903.80 33413 KEEFE, SALLY JULY MTG SVCS 8m02 $455.00 33413 KEEFE, SALLY JULY MTG SVCS am02 $150.00 TOTAL FOR KEEFE, SALLY $605.00 33414 MARK VII 8f7/02 430303 $1,600.40 TOTAL FOR MARK VII $1,600.40 33415 MIDWEST COCA-COLA am02 62958143 $136.53 33415 MIDWEST COCA-COLA am02 63232124 $177.31 33415 MIDWEST COCA-COLA 8f7/02 63238105 $233.03 33415 MIDWEST COCA-COLA 8f7/02 63238147 $227.95 33415 MIDWEST COCA-COLA 8f7/02 65222153 $87.71 TOTAL FOR MIDWESTCOCA-COl.A BOTTLIN $862.53 33416 MN SUN PUBLICATION 24000 HWY 7 CUP 8f7/02 525730 $50.05 33416 MN SUN PUBLICATION THORNBERG CUP am02 525731 $50.05 33416 MN SUN PUBLICATION PUBLIC SAFETY CUP 8f7/02 525732 $50.05 TOTAL FOR MN SUN PUBUCATIONS $150.15 33417 PETTY CASH START UP FUNDS FOR CONCESSIO 8m02 $200.00 . TOTAL FOR PETTY CASH $200.00 33418 QUALITY WINE & SPIRI 8f7/02 114660-00 ($13.06) 33418 QUALITY WINE & SPIRI 8m02 150322-00 ($12.00) 33418 QUALITY WINE & SPIRI am02 152783-00 $112.52 33418 QUALITY WINE & SPIRI 8f7/02 152783-00 $1,423.74 33418 QUALITY WINE & SPIRI 8f7/02 152784-00 $84.64 33418 QUALITY WINE & SPIRI 8f7/02 152784-00 $1,167.78 33418 QUALITY WINE & SPIRI 8/7/02 152786-00 $a.33 33418 QUALITY WINE & SPIRI 8/7/02 152787-00 $2,575.29 33418 QUALITY WINE & SPIRI am02 152787-00 $282.54 TOTAL FOR QUAlJTY WINE & SPIRITS CO $5,629.78 33419 QWEST 8f7/02 $89.30 33419 QWEST 8f7/02 $50.46 33419 QWEST 8f7/02 $50.46 TOTAL FOR QWEST $190.22 . 33420 SIMANEK, MARK & KAT ESCROW REF-25625 WILD ROSE L 8m02 $150.00 TOTAL FOR SIMANEK, MARK & KATHY $150.00 33421 TALLEN & BAERTSCHI JULY SVCS 8f7/02 $50.84 33421 TALLEN & BAERTSCHI JULY SVCS 8f7/02 $50.84 33421 TALLEN & BAERTSCHI JULY SVCS 8f7/02 $50.84 TOTAL FOR TALLEN & BAERTSCHI $152.52 33422 TEMPORARIES-TO-GO TEMP RECEPTIONIST-8/4/02 8f7/02 10639 $120.00 TOTAL FOR TEMPORARIES-TO-GO $120.00 33423 WASTE MANAGEMENT AUG SVC am02 0345161-159 $106.05 33423 WASTE MANAGEMENT AUG SVC 8f7/02 0345162-159 $229.14 33423 WASTE MANAGEMENT AUG SVC 8f7/02 0345178-159 $68.85 TOTAL FOR WASTE MANAGEMENT $404.04 TOTAL CHECKS $179,166.71 We(ili:sday,Ai~gii~i'oi,ioii2:" .. ..u..'...._.',":"........' " .. __"M..^,.,.,.,.".:....^'_."..:,..__,..~_.., ^^ . ':,' .~': :,,::.:~~::.::._,.. .' '_'n.._'._'_..;"...'.""", ~ : . ::':.~'.....:~::",.^'::.:'..:"_.:.c.,:.~.::,,:,,:.:,,::... . Page 9 of9 PAYROLL APPROVALS For 8/12/02 Council Meeting . Prepared by: 0uAet. i/~ CPk ' Catherine Elk~, SI' Ac~ountant Reviewed by: ~~ Bonnie Burton, Finance Director Approved by: (!)j I i4!!J Craig Dawson,' City Administrator . Date: R-7-{jJ. Date: ah;b~ Date: Payroll Register Check # Last Name First Name MI Check Amt Check Date 1670 BAILEY BOYD C 1,255.42 7/30/02 1671 BURTON BONNIE M 1,836.67 7/30/02 1672 DAVIS CHARLES S 1,095.54 7/30/02 1673 EISCHENS JAMES E 822.93 7/30/02 1674 ELKE CATHERINE M 770.24 7/30/02 1675 FASCHING PATRICIA L 784.30 7/30/02 1676 GROUT TWILA R 784.06 7/30/02 1677 HIRSCH DANA M 235.93 7/30/02 1678 JOHNSON DENNIS D 1,266.08 7/30/02 1679 LUGOWSKI JOSEPH P 1,029.80 7/30/02 1680 MASON BRADLEY J 1,081.12 7/30/02 1681 MOORE JULIE K 273.99 7/30/02 1682 MOTTER BROOKE A 44.43 7/30/02 1683 NIELSEN BRADLEY J 1,027.23 7/30/02 . 1684 PANCHYSHY JEAN M 1,097.35 7/30/02 1685 PAZANDAK JOSEPH E 1,441.32 7/30/02 1686 RANDALL DANIEL J 1,350.28 7/30/02 1687 SCHMID CHRISTOPHER E 668.43 7/30/02 1688 STARK BRUCE H 1,034.91 7/30/02 1689 SWANDBY DONALD R 1,253.82 7/30/02 1690 TOWER TERRY R 953.56 7/30/02 217385 BECKMAN JENNIFER A 71.06 7/22/02 217386 ARNST CATHRYN E 176.54 7/30/02 217387 BAKER RICHARD M 75.58 7/30/02 217388 BROWN LAWRENCE A 2,003.88 7/30/02 217389 CARLSON ERIK M 392.01 7/30/02 217390 DAWSON CRAIG W 1,678.14 7/30/02 . 217391 DUFFY DAVID C 156.78 7/30/02 217392 FIELD DALE F 515.59 7/30/02 217393 FINK WILLIAM C 48.03 7/30/02 217394 GRAHN SUZANNE M 89.62 7/30/02 217395 HELGESEN PATRICIA R 1,498.82 7/30/02 217396 HESSE ONA C 115.18 7/30/02 217397 KLEIN JENNIFER S 426.51 7/30/02 217398 LATTERNER SUSAN M 413.98 7/30/02 217399 MASON MICHELLE L 150.46 7/30/02 217400 MELCHER THOMAS J 258.26 7/30/02 217401 OLIVEIRA CHRISTOPHER L 223.14 7/30/02 217402 PARENT MICHELLE L 483.85 7/30/02 217403 PLATHE CRAIG V 160.16 7/30/02 217404 SPICER LISA M 99.45 7/30/02 Wednesday, August 07, 2002 Page lof2 . . Check # Last Name First Name MI Check Amt Check Date 217405 THIESSE AMANDA L 106.09 7/30/02 217406 THURSTON DOROTHY M 155.30 7/30/02 217407 WYATT NATASHA L 247.59 7/30/02 Total of Checks $29,659.43 Wednesday, August 07, 2002 Page 2 of2 '" ,. MEMORANDUM DATE: TO: . FROM: CC: RE: 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 August 7, 2002 Mayor and City Council Jean Panchyshyn, Executive SecretarylDeputy ClerklElection Clerk9P Craig W. Dawson, City Administrator/Clerk Resolution Appointing 2002 Primary and General Election Judges Election Judges for the 2002 Elections have been identified. The attached resolution approves the list of election judges to officiate at the Primary Election on September 10, 2002 and the General Election on November 5,2002. COUNCIL ACTION . Approval of a Resolution Appointing the 2002 Primary and General Election Judges. n t,J PRINTED ON RECYCLED PAPER #3B ... 'S . . ,.. CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION APPOINTING 2002 PRIMARY AND GENERAL ELECTION JUDGES WHEREAS, the Deputy Clerk has submitted for approval a list of election judges to officiate at the Primary Election on September 10, 2002, and the General Election on November 5,2002; and WHEREAS, said list appears to be correct and complete in all respects. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council hereby approves the list of election judges, attached hereto and made a part hereof as Exhibit A, to officiate at the 2002 Primary and General Elections. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August, 2002. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR ~36 .. <Y Resolution No. 02- Exhibit A, Page 2 of 3 oJ 2002 Primary and General Election Judges Ms. Barbara Beard Rebecca Fish 27185 Noble Road 5200 St. Albans Bay Road Ms. Damaris Berkey Mr. Thomas Geng 5940 Christmas Lake Road 4530 Enchanted Drive Ms. Ann Biron Ms. Darlene Gertz 27035 Noble Road 28125 Boulder Circle Ms. Karen Boynton Mr. Bruce Gniftke 6155 Riviera Lane 5995 Ridge Road Ms. Jenny Brown Ms. Valorie Gregerson . 4560 Enchanted Point 5735 Howard's Point Ms. Marlys J. Bucher Ms. Christine Halvorson 5490 Manitou Lane 19750 Waterford Place Ms. Carol Buesgens Ms. Nikki Hedtke 20090 Excelsior Blvd. 5490 Manitou Lane Mr. Joel Capesius Ms. Jo Hermann 6120 Club Valley Road 20765 Radisson Inn Road Mr. Paul Carlson Mr. Michael Herzig 19680 Waterford Court 5330 Vine Hill Road Ms. Mary Ann Chinander Ms. Julie Hines . 23955 Clover Lane 6045 Cajed Lane Ms. Sue Colopoulos Ms. Dianne Jewell 26215 Shorewood Oaks 23770 Lawtonka Drive Ms. Diane Dresser Mr. Charles Jewell 5480 Gideons Lane 23770 Lawtonka Drive Mr. Fred Dresser Ms. Linda Johnson 5480 Gideons Lane 4425 Enchanted Cove Mr. Bob Gagne Mr. James Kendrick 24850 Amlee Road 22830 Murray Street -., ~ . . '" Resolution No. 02-_ Exhibit A, Page 3 of 3 2002 Primary and General Election Judges Ms. Carla Labore 4445 Enchanted Point Pady Regnier 5250 St. Albans Bay Road Ms. Audrey Larson 4385 Enchanted Point Ms. Mary Reutiman 5965 Eureka Road Ms. Sue Latterner 25235 Smithtown Road Ms. Mary Schmitt 20725 Radisson Road Ms. Jill Majestic 5840 Eureka Road Ms. Rose Smeltzer 19600 Waterford Court Mr. Keith Monjak 6140 Pleasant Avenue Mr. Virgil Smeltzer 19600 Waterford Court Ms. Barb Neitge 26000 Smithtown Lane Ms. Barbara Spannaus 5885 Minnetonka Drive Ms. Kathleen Noren 5760 Christmas Lake Road Ms. Sue Thurston 6090 Apple Road Ms. Eleanor Ogin 5440 Gideons Lane Ms. Millie Trebnick 25550 Park Lane Ms. Terry Paetzel 19625 Excelsior Blvd. Ms. Marjorie Yaeger 5445 Timber Lane Ms. Carol Paulsen 27585 Woodside Rd Mr. Cy Peterson 4755 Regents Walk Ms. Nancy Peterson 213 55 Christmas Lake Lane Ms. Norma Peterson 4755 Regents Walk Ms. Jeannine Picha 5930 Seamans Drive Mr. Frank Reese 6200 Chaska Road 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: Mayor and City Council Larry Brown, Director of Public Works 'i. it-- . DATE: RE: August 12, 2002 Consideration of a Motion Establishing Fall Cleanup Staff is recommending that Saturday, October 26,2002 be established as Fall Cleanup Day. This date falls before Halloween Eve and falls on the same date as the Annual Tonka Rake-A-Thon. . Staff will collect bids from three waste companies for review. If acceptable, a motion approving October 26, 2002 as the Fall Cleanup date would be in order. . 1t3e ft '-J PRINTEO ON RECYCLED PAPER . . RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCE FOR THE LAKE FELLOWSHIP UNITARIAN CHURCH WHEREAS, the Lake Fellowship Unitarian Church (Applicant) is the owner of real property located at 24575 Glen Road (the Subject Property) in the City of Shorewood, legally described as: "Lot 20,21, and 22; Manitou Glen, according to the record thereof, Hennepin County, Minnesota." ; and WHEREAS, the Applicant has applied for a conditional use permit and a setback variance for the parking lot in front of the church; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 9 January 2002 and 11 July 2002, which memoranda are on file at City Hall; and WHEREAS, after required notice, public hearings were held and the application was reviewed by the Planning Commission at their regular meetings on 15 January 2002 and 16 July 2002, the minutes of which meetings are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit and variance were considered by the City Council at their regular meeting on 22 July 2002, at which time the Planner's memoranda 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. district. The Subject Property is located in an R-IC single-family residential zoning 2. The Subject property consists of three parcels of land totaling 2.958 acres, part of which is occupied by a wetland basin. 3. The City Zoning Code requires a 35-foot front yard setback for buildings and parking facilities. :II ~~D~ 4. An existing gravel parking lot on the property encroaches into the front yard setback area by as much as 28 feet and the Applicant has paved the parking lot without obtaining the necessary approvals by the City or the Minnehaha. Creek Watershed District. 5. The Applicant has provided evidence from a registered professional engineer advising that the soils located in the area where the parking lot is required to be are not suitable to support a parking lot or the perimeter curbing required by the City Code. 6. The Applicant has landscaped the area between the parking lot and Glen Road, and has installed large logs at the perimeter of the parking lot in lieu of curbing. 7. The Applicant agrees to stripe the parking lot in accordance with City zoning requirements. 8. The Applicant agrees to legally combine the three existing parcels of land. 9. The Applicants landscape plan minimizes the impacts of the setback variance on . the street and adjoining properties. CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a setback variance as set forth above. 3. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. Grading, drainage and erosion control shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District. . b. Landscaping and site improvements must maintain "a 30-foot site triangle on both sidesofthe entrance driveway into the parking area. c. The parking lot shall be striped and the three parcels of land must be legally combined by 31 August 2002. d. The Applicant agrees at all times to maintain the large logs that form the perimeter of the parking lot, replacing them as directed by the City. 4. The City 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. -2- . ~ ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August, 2002. WOODY LOVE, MAYOR ATTEST: . BRADLEY J. NIELSEN, ACTING AD:MINlSTRATOR . -3- , I CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING SETBACK AND HARDCOVER VARIANCES TO MARLOW PETERSON WHEREAS, Marlow Peterson (Applicant) is the owner of real property located at 4985 St. Alban's Bay Road, City of Shorewood, legally described as: "Lot 14, Block 10, Minnetonka Manor, Hennepin County, Minnesota"; and WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is located approximately 43 feet from the rear lot line of the property and one foot from the side property line; and . WHEREAS, the Applicant has applied for a setback variance to build an attached garage and extend an addition approximately seven feet into the rear yard setback and eight feet into the side yard setback; and WHEREAS, the property is nonconforming with respect to the amount of impervious surface and the Applicant has requested a variance to increase the hardcover to 39.6 percent; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 10 July 2002, a copy of which is on file at City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 16 July 2002, the minutes of which meeting are on file at City Hall; and . WHEREAS, the City Council considered the application at its regular meeting on 22 July 2002, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and 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 an R-1DjS, Single-Family ResidentiallS zoning district, which requires a 35-foot setback from the rear lot line and a lO-foot setback from the side lot line. 2. The subject property is substandard in lot area, having only 8012 square feet of area where 10,000 square feet is required. #3.13- \~; I 3. The Applicant proposes to construct an attached garage 28 feet from the rear lot line, requiring a variance of seven feet, and two feet from the side lot line, requiring a variance of eight feet. 4. The Applicant proposes to build a front porch and deck that would increase the amount of hardcover on the site to 39.6 percent. 5. The two properties adjoining the Applicant's to the north and east are very near to the rear lot line of those respective properties. 6. Significant vegetation exists between the Applicant's rear yard and the rear yards of the two adjoining lots. CONCLUSIONS . 1. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 2. That based upon the foregoing, the City Council hereby grants to the Applicant setback and hardcover variances to build an attached garage behind the existing garage, subject to the following conditions: a. Any work done on the. front of the house shall be limited to the size of the stoop and sidewalk that already exist. 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -2- . . . add: -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.04 OF THE SHOREWOOD ZONING CODE TO INCLUDE INTERIM CONDITIONAL USE PERMITS Section 1. Section 1201.02 Subd. 9. of the Shorewood City Code is hereby amended to "INTERIM CONDITIONAL USE: A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulations. INTERIM CONDITIONAL USE PERM1T: A permit issued by the City Council in accordance with procedures specified in Section 1201.04 of this Code." Section 2. Section 1201.04 of the Shorewood City Code is hereby amended to add: "Subd. 4. Interim Conditional Use Permit: a. Purpose: The purpose and intent of an interim conditional use permit is:. (1) To allow a use for a brief period of time while permanent location is obtained or constructed; or (2) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future; or (3) To allow a use that is reflective of anticipated long range change to an area and that is in compliance with the Comprehensive Plan, provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the performance standards. of this Code; or . (4) To provide a mechanism for allowing changes to a nonconforming use of property contingent upon a plan for cessation of said nonconforming use within a specified period of time. b. Informational Requirement and Procedure: The information required and the procedure to be followed for all interim conditional use permit applications shall be the same as that required for a conditional use permit as provided for in this Section. c. Termination. An interim conditional use shall terminate on the happening of any of the following events, whichever occurs first: (1) The date stated in the permit. #7~ ( I. (2) Upon violation of conditions under which the permit was issued. (3) Upon change in the City's zoning regulations that renders the use nonconforming. (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. d. General Standards. An interim conditional use permit shall comply with the following: (1) Conform to the applicable general building and performance requirements of Section 1201.03 Subd. 2. of this Code. (2) The use is allowed as an interim use in the respective zoning district. (3) The date or event that will terminate the use can be identified with certainty. . (4) The use will not impose additional unreasonable costs on the public. (5) The user agrees to any conditions that the City Council deems appropriate for permission of the. use. Said conditions shall be set forth in a development agreement between the property owner and the City which agreement shal~ be recorded with the Hennepin County Recorder or Registrar of Deeds. e: Conditions of Approval. In permitting a new interim conditional use permit or amending an existing interim conditional use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this Code, additional conditions that the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not . limited to the following: (1) Increasing the required lot size or yard dimension; (2) Lirrrlting the height, size or location of buildings; (3) Controlling the location and number of vehicular access points; (4) Increasing the street width; (5) Increasing the number of required off-street parking spaces; (6) Limiting the number, size, location and lighting of signs; (7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property. -2- \ . . . f. Violations. Ater two (2) nuisance or Code violation complaints have been made and verified with written notice to the holder of the interim conditional use permit, a public hearing may be called within sixty (60) days of the last complaint to reconsider the interim conditional use permit. g. Revocation. An interim use permit may be revoked if: 1) the property is found to be in violation of the conditions listed in the interim conditional use permit; or 2) if access to the property for purpose of making and inspection is refused to the Zoning Administrator or its designee. The same process established for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit." Section 3. .That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -3- . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us. cityhall@cLshorewQod.mn.us MEMORANDUM DATE: August 8, 2002 . TO: Mayor and Council Members RE: AGENDA ITEM #3G Consent Agenda Item # 3G will be delivered under separate cover. . :#3G- ft t.J PRINTED ON RECYCLED PAPER J~ . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING SETBACK AND HARDCOVER VARIANCES TO DENNIS AND LAURA DVORAK WHEREAS, Dennis and Laura Dvorak (Applicants) are the owners of real property located at 5670 Echo Road, City of Shorewood, legally described as: "Lot 1, Block 1, Echo Hills, Hennepin County, Minnesota"; and WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is located approximately 35 feet from the rear lot line of the property and ten feet from the side property line; and WHEREAS, the Applicants have applied for a setback variance to build an attached garage and extend an addition approximately six feet into the side yard setback; and WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 11 July 2002,. a copy of which is on file at City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meetin~ held on 16 July 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 22 July 2002, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and 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 an R-1C, Single-Family Residential zoning district, which requires a 40-foot setback from the rear lot line and a 10-foot setback from the side lot line. 2. The subject property is substandard in lot area, having only 11,721 square feet of area where 20,000 square feet is required. 3. The Applicants propose to construct an attached garage four feet from the side lot line, requiring a variance of six feet. :tf~_If. ~... 4. The Applicants propose to convert and existing single-car garage into a family room and extend it three feet into the required side yard setback. 5. A shrubbery hedge is located along the south side of the property. CONCLUSIONS 1. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 2. That based upon the foregoing, the City Council hereby grants to the Applicants a setback variance to build an attached garage in front of the existing home, subject to the following conditions: a. The family room shall not be extended into the side yard setback area. . 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR ATTEST: . BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -2- , ,.' . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, James J. Quandt (Applicant) has an interest in certain real properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to resubdivide the property into two lots as legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The property legally described in Exhibit A be divided into two parcels, legally described in Exhibit B, attached hereto and made a part hereof. 2. The City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3. The Applicant record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR #3_1. Lee:al Description Parcel A (INSERT LEGAL) Legal Description - Parcel B (INSERT LEGAL) Exhibit A , ..... . . .. .~ Legal Description Parcel I (INSERT LEGAL) Le~al Description - Parcel II (INSERT LEGAL) . . Exhibit B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: August S, 2002 RE: Honorable Mayor and Councilmembers Bonnie Burton, Finance Director ~ Budget Work-Session Date TO: . FROM: The City Council is requested to set the date for the Year 2003 Budget work-session. The purpose of the work-session is to review the General Fund draft budget. Staff recommends that the work-session be scheduled for Monday, August 19,2002 at 6:30 PM. The work-session is expected to last approximately 1-1/2 to 2 hours. A simple motion is all that is required to set this date, if this is satisfactory to the City Council. Please advise if you would like additional information or if I can be of further assistance. . n '-.1 PRINTED ON RECYCLED PAPER -:Ii 3,) Date 06/24/02 07/15/02 07/31/02 ---t? 08/19/02 08/23/02 08/26/02 08/30/02 09/01/02 09/09/02 09/13/02 10/01/02 10/19/02 11/04/02 11/20-11/24 11/29-12/20 11/27/02 12/02/02 12/09/02 12/27/02 City of Shorewood Year 2003 Proposed Budget Schedule Description Council work-session to provide direction to staff re: budget priorities. Budget worksheets distributed to staff and department heads. Completed budget worksheets due from staff. State to notify cities of LOA amounts. Council and staff budget work session. <([ Preliminary budget completed. . Regular city council meeting. Draft budget presented to City Council. Levy limit notification due to cities from state. MN Department of Revenue to certify HACA to cities. Regular city council meeting. Council adopts 2003 preliminary budget and levy. Proposed budget and levy must be adopted and certified to County Auditor by this date. State form Payable 2003 PT Form 280 also to be submitted. County to certify Levy Certification Tax Rate to Cities. Tax Rate Public Hearing and submission of council resolution approving the tax rate increase due to the state by this date. . Regular City Council meeting. Enterprise fund budget workshop with Council and staff. Counties to mail Notice of Proposed Property Tax by this date. Initial hearing to consider proposed budget and levy must be held between these dates. (The City of Shorewood regular council meeting date is 12/9. The City cannot hold their hearing on certain dates that will be used by the county or other taxing districts.) Budget hearing advertisement published in the official newspaper. City initial budget truth-in-taxation hearing. (TNT Hearings will be mandatory again this year.) Regular city council meeting. Final budget and levy adopted, or continuation hearing if required Final levy and budget must be certified to the County Auditor by this date. State forms Payable 2003 Property Tax Levy Report and PT Form TNT2003 also due. CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION SETTING LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES WHEREAS, the fees that residents shall pay to the city for the licenses, permits, services charges and miscellaneous fees shall be determined from time to time by the Shorewood City Council; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewoodthat certain fees are set as follows: . Description New Fee Annual Multiple Dock Facility License Ref: Sec. 1201.24, subd. 10 $2.00 per slip (Requires authorization by Conditional Use Permit) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR . ATTEST: .,' . BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR 4 ~ ~f.., r CITY OF SHOREWOOD PARK COMMISSION OPEN HOUSE TUESDAY JULY 23, 2002 FREEMAN PARK EDDY STATION 25800 STATE HIGHWAY 7 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION OPEN HOUSE DRAFT The Open House began at 7:00 P.M. A. Roll Call Present: Chair Arnst, Commissioners Bartlett, Callies, Young, and Meyers; City Engineer Brown; City Council Liaison Zerby and Mark Koegler of Hoisington Koegler Group . Absent: Commissioner Palesch Public: Approximately 25 attendees Engineer Brown welcomed the public and invited them to share their comments with regard to Freeman Park, its uses, and amenities. He introduced Mark Koegler to facilitate the discussion. . Koegler shared a brief history surrounding Freeman Park and its development. He pointed out that during the past 10-15 years Shorewood has been on a journey of developing its parks. He explained that over the last 1-2 years the Park Commission has been revisiting the parks master plan and committed themselves to ensure access for all aspects of Shorewood's community. As they revisit the Freeman Park Master Plan, Koegler stated that the Park Commission would like to obtain comments from its closest neighbors in Shorewood Ponds, some of which who were not present at the Parks conception, and along Eureka Road on the west side between Park Drive and Reutiman Lane. He indicated that, since the master plans were first completed, the area demographics have changed, people's interests have changed, youth interests have changed, etc. After sharing an aerial photograph of Freeman Park dated approximately 2000, Koegler asked guests to explain how they use the park and/or things they might like to see as a part of the park or accessed here. GUEST COMMENTS Ruth Nowman, Shorewood Ponds resident, stated that she uses the park for walking and loves the trails. She felt the trails and park made a great addition to why she moved to Shorewood Ponds and thanked the Commission. Her one suggestion was to add tennis courts to the park. Koelger asked the neighbors how many others were interested in tennis courts. Six people rose their hands. Koegler stated that, like many activities, tennis interest has been cyclical over the years. 4Fs/t ~ PARK COMMISSION OPEN HOUSE July 23, 2002 Page 2 of5 Woman 1 stated that she uses the trails often for biking and suggested the City lay a trail, paved preferably, along the soccer fields to link up to the trail system and west perimeter. Koegler polled the audience for the number of bikers and asked what sort of movement pattern they prefer. Over half of those present were bikers and indicated they enjoyed biking thru the woods but would prefer paved trails to gravel. Gentleman l, pointed out that, on occasion, small cars or snowmobiles would insist on driving on the trail. Koegler encouraged residents to call the police or City Hall if they notice operational problems. Dog owner from Shorewood Ponds, stated that he walks the parks with his dog four times daily. He stated what wonderful walking trails they are and complimented the City for providing plastic bags. He indicated that, oftentimes, he picks up after other peoples pets in fear that the City might outlaw . dogs altogether if owners are not responsible. He felt this was a great feature. Meyer thanked him for using the plastic bags. Woman 2, stated that she would even like to see benches placed throughout the trails for a spot to sit, rest, and appreciate the scenery. Woman 3, voiced her concern with regard to the speed limit signage along Park Drive. As of yet, the street is not marked and she hoped it would be soon, especially with the impending Highway 7 access closure. Woman 4, asked if it were possible to make the post barrier more effective to stop small cars from sneaking down the trail in the Park. Koegler indicated that Engineer Brown would address this question. . Gentleman 2, stated that Eureka Road is a speedway. New resident, asked why the City was closing the Highway 7 access. While Brown would address this question later, Koegler stated that Highway 7 improvements and safety issues necessitate the closure. Gentleman 2, pointed out that the Park Lane/Eureka Road signage at the comer blocks drivers views at the intersection and could be hazardous. Many agreed this was unsafe. Woman 5, voiced her concern with regard to parking issues and amount of traffic created due to soccer tournaments. PARK. COMMISSION OPEN HOUSE July 23, 2002 Page 3 of5 Koegler explained that the Park Commission had spent a great deal oftime over the past year or so examining parking, and while a new lot will be developed this fall, the staggered start times for sports activities had helped alleviate some of the problems. Brown acknowledged that tournaments are difficult, in fact, he stated that the tournament last year was the straw that broke the camels back. Brown continued that the Park Commission has been diligently working on its evaluation of Freeman Park. They've examined the utilization, its use or overuse, discussed whether its managed properly, what groups its missing, and what can be done to provide for those groups. The culmination of 1 1/2 years of analysis, combined with your input, will direct the Freeman Park master plan for years to come. With regard to tournaments, Brown.indicated that the City has put tougher controls into effect, prompting the soccer folks to go elsewhere. He added that the City will be and has been taking dramatic steps to regain control of field usage, traffic, and other issues, including the installation of video surveillance cameras at Eddy Station. . Woman 5, asked what the current dog regulations were. Brown encouraged the woman to call City Hall to verify, but he believed the ordinance required that dogs be under voice control within 10 feet and owners pick up after their pets. With regard to the walking trails and loops, Koegler asked how far and where residents went. Woman 1, stated that it often depends on the mosquitos. Typically, she avoids the woods during the evening hours, but walks along Park Drive, down the trail, through the fields, the trail, and home. . Gentleman 3, suggested further trail maintenance within the woods. There are low branches and low spots in the gravel, which need attention. He added that horseshoes might be a nice addition to the park. Koegler stated that horse shoes is gaining in popularity once again, and asked if there were other activities users would like to see. Woman 5, inquired about the proposed skating rink in the works for several years. Brown stated that the master plan had included a free skating rink outside Eddy Station and the building and flooring was intended for that purpose. He believed that with the installation of the video surveillance equipment, which has reduced vandalism, this might be pursued. Brown asked to talk about the Eureka Road trail, access closure, and parking. With regard to the trail segment along Eureka Road, Brown indicated that the City has taken on the developers commitment to construct a trail. He explained that the access closure is the result of a Highway 7 safety corridor study. Over the years, MnDOT has threatened to shut down the access to Highway 7, however, only recently have they agreed to compensate the City to do so. Brown reported that the City has been accepting bids for the parking lot construction, only to be surprised by the contractors PARK COMMISSION OPEN HOUSE July 23,2002 Page 4 of5 high bids. While the lowest bid came in at approximately $247,000, the City had estimated a cost of $168,000, considerably less. Brown stated that, when asked, the contractors blamed the high prices on the impact high fuel prices has had on everything they do. The City will attempt to rebid this in January. Brown had hoped that, by constructing the parking lot at Freeman, using that contractor we would finalize the contractors obligation to putting that trail along Eureka Road. The bids were rejected by the City Council the evening before, and Brown stated that he now has to weigh whether he should find another contractor or evaluate ifhis own crew can complete the work. Brown stated that when he had been in the Park, the comments he had received favored a perimeter trail. He asked, if there were a proposed perimeter trail up to the Eureka Road entrance, would the guests favor this as part ofthe comprehensive plan. Woman 5, asked why there are stakes marking a trail along Park Drive. Brown indicated that the stakes had been placed to mark utilities. . Woman 5, asked how they would handle the culvert if a trail were constructed. Brown stated that they would extend the culvert in order to get the Reutiman Lane connection. Gentleman 2, asked what the time line for the perimeter trail would be. Brown stated that the first segment, along Eureka Road, would be done this year, however, the rest would have no specific time line. With the lack of available funding and the need for more creativity, the Park Commission would put it into the comprehensive plan for future development. Woman 3, Shorewood Ponds, stated that the trail they expected has not happened yet. Brown replied that, as most of the Shorewood Ponds residents were aware, there has been a long . sordid past with the developer. He stated that the City recognizes this has been a sore subject with everyone, and assured them that there would be re-grading and dressing up of the pond. Applause from the residents. Woman 6, questioned the possibility of a trail along the development and swamp. Brown indicated that this was misinformation, stating that MCWD does not allow the construction of trails so close to wetlands. Brown thanked everyone for their comments, stating that their feedback was vital to the park planning process. Brown stated that there is a real challenge with regard to the earlier question of blocking off a larger portion of the roadway or trail to discourage people from driving on it. The issue is how to keep unauthorized vehicles off the roadway and still allow emergency vehicle access. Brown maintained that the City must leave 9 1/2 feet open to allow room for emergency vehicles and they are in the PARK COMMISSION OPEN HOUSE July 23, 2002 Page 5 of5 process of evaluating creative ways to deter other vehicle access. They have installed signage, will have a standard barrier curb, and use landscaping instead ofballards to deter access. Woman 6, asked if they should take licenses and call the police. Brown encouraged them to do so. With regard to the speedway on Eureka Road, Brown indicated that residents might be surprised to find that drivers are not moving as. fast as expected. He stated that he would commit to doing a speed study class, using a radar guri or speed cart to test and monitor speeds. Woman 7, noted that the no parking signs were not posted on Pondview Drive. . Brown stated that they have the signs and those will be put up. The Open House finished at 7:50 P.M. RESPECTFULLY SUBMITTED. Kristi Anderson, Recording Secretary . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY JULY 23, 2002 FREEMAN PARK EDDY STATION 25800 STATE mGHWAY 7 7:30 P.M. OR IMMEDIATELY FOLLOWING OPEN HOUSE MINUTES 1. CONVENE PARK COMMISSION MEETING ;. DRAfT Chair Arnst called the meeting to order at 7:55 P.M. A~ Roll Call Present: Chair Arnst, Commissioners Bartlett, Callies, Young, and Meyers; City Engineer Brown; and City Council Liaison Zerby . Absent: Commissioner Palesch B. Review Agenda Engineer Brown requested that item #4A, review of the concession stand agreement with South Tonka Baseball, be added to the evening's agenda. Young moved, Callies seconded, to approve the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Park Commission Minutes of July 9, 2002 Callies moved, Bartlett seconded, Approving the Park Commission Meeting Minutes of . July 9, 2002, as presented. Motion passed 5/0. 3. MATTERS FROM THE FLOOR There were none. 4. SOUTHSHORE COMMUNITY PARK - DISCUSS REQUEST FROM EXCELSIOR COMMUNITY LIBRARY Brown stated that the Excelsior Community Library is requesting the use of the Skate Park on Saturday, October 5 from approximately 1:00 - 3:00 p.m. for a professional skateboard demonstration, as part of the Library's Teen Read Month. The Library is also requesting that the No Parking along St. Alban's Bay Road be lifted during the hours of 1-3 p.m. to provide for sufficient parking and that the use of a sound system for the emcee be allowed as part of the one-half hour demonstration. PARK COMMISSION MEETING MINUTES July 23, 2002 Page 2 of7 Brown indicated that, after consulting the South Lakes Minnetonka Police Department, 4 ofthe No Parking signs might be bagged, however, concerns with regard to the narrow roadway widths and turn around traffic led staff to suggest shuttle service from a designated parking lot off site be arranged. Callies stated that this was a good use of the park, a good way to raise interest in in-line skating, and good for the library. She supported the proposal and felt that a half-hour limited demo with an emcee would not be a problem on a Saturday afternoon. Meyer asked if the Police could support the event by directing traffic. Chair Arnst asked how many spectators the Library might expect. Ms. Bauer, of the Excelsior Community Library, stated that, in the past Library programs typically attract 10-30 people, however, this event could attract more. Since the "Third Layer", a recognized skating group, would be putting on the demo with the Library, there could be a good turnout. She indicated that when polled what they'd like to see, teens requested skateboard demos, therefore Ms. Bauer could not gauge the turnout. . Meyer asked what would happen if the event got huge. Brown stated that if the event proved to much, the Library would need to provide shuttle service to the Skate Park. Chair Arnst voiced her concern that this could be precedent setting. Similar to a tournament in some people's perspective, she questioned how they could differentiate this event. Brown stated that the Library could obtain a tournament permit, however, maintained the big question is how many people would come. He noted that if more than 10 cars come, they need shuttle service. . Callies asked if the Library could try to require teens to pre-register for the event. Bauer pointed out that teens generally don't sign up for things. Brown asked if shuttling could be a possibility. Bauer stated that she was unsure until she could speak to the friends of the Library. She agreed it was truly hard to guess how many youth could turn out. Chair Arnst wrestled with encouraging use of the Skate Park and ordinances not allowing P.A. systems in public parks. PARK COMMISSION MEETING MINUTES July 23, 2002 Page 3 of7 Bauer asked if there were an alternate location to hold the event, since the "Third Layer" indicated they could supply their own equipment. Brown suggested using the CityHall Parking lot for the whole event. Chair Arnst stated that she would like to make this work and asked what the next step would be. Brown felt this was a unique opportunity to reach out to a younger crowd and suggested the Park Commission make a recommendation to the Council. Meyerpointed out that it was too bad Freeman Park would not have its paved parking lot ready by October 5th, in order to hold the event at Freeman. It would make an idea110cation. . Bauer stated that she would like to go back and get approval. She asked about the parking capacity. Brown indicated that there is parking for 250, 150 if you allow room for set-up, and no traffic issues. Callies moved, Young seconded, recommending staff looks at the City Hall parking lot for the Skate Park and Excelsior Community Library Event. Motion passed 5/0. 5. PARK MANAGEMENT A. Review Draft of Job Description . Brown gave a quick preliminary explanation of the contracted Park and Recreation Coordinator position as described on the attached job description. As stated in the description, the position will report to the Park Secretary and Director of Public Works..Brown reminded the Commission that while the description refers to the Park Equity Policy, there is not one in place as of yet. Chair Arnst asked when the Equity Policy would take effect. Brown stated that creating the Equity Policy would be the next item for the Park Commission to put in place by January 1st, 2003. Brown identified the specific responsibilities; Section 1, the Season Signup and Sports Organization Orientation, noting that one of the biggest frustrations has been that no regularly scheduled meeting date has been published so that everyone receives an orientation packet and comes prepared to request their facility use. Chair Arnst questioned SectionlD, whetherthe coordinator would evaluate or monitor for consistency with the Equity Policy. PARK. COMMISSION MEETING MINUTES July 23, 2002 Page 4 of? Brown stated that they would be evaluating what criteria groups meet to constitute a legitimate organization. Section 2, Brown reminded the Commission that the Coordinator will not be policing the usage but monitoring it. Meyer stated that she had a problem with Section 2D and 2E. She questioned why the Park ' Secretary needs to be so wrapped up in the position, when the original intent was to take much of the burden off of that person. Brown stated that the calls the City gets changing schedules effect many things. By tightening up the reigns the City hopes to cut down on the effect. While Brown stated they don't want to burden the Park Secretary with added responsibility, it is a communication issue. This will ensure good communication between the City and the firm or person contracting as coordinator. For instance, Brown noted that recent games cancelled due to rain, were rescheduled tonight, because the Park Secretary was made aware of this, the City was able to schedule a concession stand attendant. . Meyer asked if the City would network into the Coordinator's software to check on changes themselves. Callies questioned why the formality of communication was necessary. Meyer asked where the discussion had gone with regard to the Coordinator scheduling the Concession attendants. Brown stated that staffhad discussed the concession scheduling and decided that it would be most direct for the City to maintain direct contact with the rink and concession attendants. Meyer maintained that the Coordinator is the one who would know if changes occur effecting the scheduling of attendants, since sports organizations will contact them. She asked if the Coordinator would then need to call the City if rain delays or other changes needed to be made, and funnel this information through the Park Secretary. . Brown confirmed this chain of events. Section 3A, Brown stated that the team roster requirement might change. He pointed out that 3B, hand delivery of paperwork and fees was crucial for timely collection. Brown indicated that Sections 5 B and C, would be continually evolving, as informal monthly evaluations and ideas for improvement were addressed, leading to a more formal year end report. Section 6, Brown felt it would be necessary for the Coordinator to familiarize themselves with Shorewood Park facilities. PARK. COMMISSION MEETING MINUTES July 23, 2002 Page 5 of? Brown asked for Commissioner comment with regard to the document. Chair Arnst asked if Section 6, which reviews the skills, should make reference to other experience that might be helpful, such as a public relation background. Meyer stated that her expectation would be that the Sports Organizations would contact the coordinator when they are using or not going to use fields in order for us to monitor true field usage. Brown stated that field usage should become evident in the monthly reports. Callies asked ifthey should add that the Coordinator maintain communication with Sports Organizations as needed. . Young felt comfortable with what was presented in the job description and believed staff had the experience coordinating all of these different pieces in the past to know what to include in the job description. Chair Arnst concurred, and asked that a cover memo accompany the job description to City Council outlining the intent ofthe position, issues it will address, and how to measure its success in three succinct paragraphs. Brown stated that he would be open to feedback about how to further measure success. Callies felt that measuring success was separate and would become apparent after the first year. Young stated that the monthly reports and annual review would monitor success. . Chair Arnst stated that, in an effort to sell it to Council, the City Council might want to know how to measure the success even further. Meyer stated that the intent and success would be apparent if the fields are utilized efficiently and not sitting empty when they could be used. Young inquired why there would be a need to sell it to Council at this late date, had not all reservations been addressed. Chair Arnst stated that based upon past meetings and comment from Council it would be beneficial to address any outstanding reservations. Brown maintained that the Coordinator will be able to report if fields are being used sufficiently, not over or under utilized, observe parking issues, and monitor under utilization with scheduling. It would not the intent of staff for this person to be a police officer. Chair Arnst agreed that the Coordinator would provide observation and feedback. PARK. COMMISSION MEETING MINUTES July 23,2002 Page 6 of7 Callies asked if the Commission is still selling the idea of having someone in this position. Brown stated that the two remaining hurdles include, Council passing the job description and signing off on the dotted line to spend the money to hire someone. Zerby stated that the City Council has encouraged and might like to see an emphasis on community based relationships, perhaps added under user relationships. There may still be opportunities for the Coordinator to deal with MCES, other groups, or communities on certain programs. With regard to coordinating efforts with MCES or school districts, etc., Brown indicated that staff had discussed this element and decided to leave it out. Brown stated that the position will focus on Shorewood, whereas elements may overlap within the community and they would not exist in a "vacuum", he did not want to confuse the position or applicant. Zerby stated that sports organization use multiple fields and inquired how they would coordinate their scheduling with Minnetonka fields etc., if they have to deal with two parties. Do any communities have experience with this? . Brown stated that Chanhassen currently does require sports organizations to deal with them directly, just as Shorewood is proposing, and it is a fact they will need to work with. Chair Arnst pointed out that TUSA currently deals with many communities when it comes to scheduling. They must deal independently with Victoria, Chanhassen, MCES, and Shakopee. Brown stated that Shorewood's goal is that at the end of the process, everyone goes away equally unhappy. He explained that if the field time were dedicated out equally, everyone would win some and lose some. The Coordinator will need to concentrate on the fields that Shorewood has and how they are allocated, versus the greater realm of what is going on in other communities. . Chair Arnst pointed out that Chanhassen requires TUSA to schedule Chanhassen kids on Chanhassen fields first. Zerby stated that great opportunities exist, like the Skate Park demo with the Excelsior Community Library, for community based interfacing. Brown agreed that opportunities exist, and this document may evolve to include aspects of community interfacing, however its focus is clear. Chair Arnst reminded the Commission that, by use of blanket scheduling, there have been up to 4 evenings a week that fields were not being used. The Coordinator would allow Shorewood to be more efficient and take advantage of this by including more people. She indicated that, for instance, Adult Softball did not use the fields 4 nights a week as they were scheduled; whereas the City had 'l . . PARK COMMISSION MEETING MINUTES July 23, 2002 Page 7 of7 other groups wanting to use those fields, groups who could have been accommodated and still not excluded adult softball. Chair Arnst asked for the next step. Brown stated that he would write a cover letter as discussed and suggested a motion. Callies moved, Young seconded, to accept the Coordinator's Job Description as proposed, with the Changes outlined throughout the Minutes. Motion passed 5/0. Meyer asked when the position would be advertised ifit was approved. Brown stated advertising would occur after City Council approval of the job description and salary. SA. SOUTH TONKA BASEBALL CONCESSION STAND AGREEMENT REVIEW Although Brown had neglected to supply each Commissioner with copies of the document, he proposed to send it via email for additional comment or changes and bring it back to the Commission if need be. Callies felt that their questioning a legal document, put together by the City Attorney and knowledgeable staff, was not necessary. Chair Arnst agreed, however, believed Commission feedback was appropriate. Chair Arnst commented that the automatic renewal without review should be reconsidered. She questioned whether staff or the City would want to review the contract regularly. Brown stated that the typical contract renews automatically without changes. It is the responsibility of the parties involved to pull the contract and review it for themselves when necessary. Young felt this provided adequate review. If neither party is pleased they will review the contract before renewal. Zerby pointed out that the City Council only reviews contracts when staff brings them forward. Callies inquired to the ownership, since the STBB built the building. Brown indicated that the original resolution states that the building was donated to Shorewood, as that is City policy. Chair Arnst asked if the City bills them for insurance etc, or if the City has a key now. PARK COMMISSION MEETING MINUTES July 23, 2002 Page 8 of7 ~ Brown stated that they have obtained a key and, until recently, insurance was not paid by STBB. Chair Arnst questioned item 11, whether the contract should be transferable. She believed the next operators should set up their own concession agreement with the City. Chair Arnst asked Brown to incorporate the changes and email the document out for approval. She hesitated moving forward with any gray area; she felt everything in the agreement should be laid out clearly. Chair Arnst believed that both the Baseball Concession Agreement and Park Management job description would be ready for review by Council at the August 12,2002 meeting. ADDITIONAL BUSINESS Zerby reported that a new Park Commissioner had been appointed and will be joining the group at an upcoming meeting. Sue Ann Davis, a master gardener, knowledgeable water quality advocate, and business owner, Zerby felt she would make a great addition to the Commission. . 6. ADJOURNMENT Meyer moved, Bartlett seconded, adjourning the Park Commission Meeting of July 23, 2002, at 9:02 P.M. Motion passed S/O. RESPECTFULLY SUBMITTED. Kristi Anderson, Recording Secretary . ... . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works III . DATE: August 8, 2002 RE: Request for Excelsior Community Library to Host a Skate Demonstration Attachment 1 is a memorandum dated July 16,2002, which outlines an original request by the Excelsior Community Library to host a skate board demonstration. The firm known as 3rd Lair Skate Rink have expressed their desire to perform at the Southshore Community Park on October 5th. This request was presented and discussed at the July 23rd, 2002 Park Commission Meeting. Concerns of the request centered on traffic circulation and the limited amount of parking available at the Southshore Community Park for what might be a well attended event. . Ms. Peggy Bauer asked if there were other sites with hard cover available that would suffice for a skate demonstration. For an additional cost to the Excelsior Community Library, 3rd Lair would be willing to bring in portable ramps and equipment to conduct the performance. Setup, performance, and takedown would take approximately 1.5 hours. The actual skate performance will take approximately 30 minutes. During the performance, a sound system for music will be utilized. It was recommended that the City Hall Parking lot could be utilized, if it was found that there were no other events scheduled for the football field or the Senior Community Center. Staff was directed to check on availability and possible conflicts. It was found that the Football League does have events scheduled at 9:00, 10:30, and 12:00. Each football event will last approximately one hour. Therefore, Staff has suggested that the event could be conducted at 3 :00 p.m. in the center lot of City Hall. Barricades would be placed to limit parking to the west parking lot. Representatives of3rd Lair have agreed that this would work for their operations. Recommendation The Park Commission has recommended approval of the request to conduct a skate demonstration at the City Hall site. ft ~J PRINTED ON RECYCLED PAPER #'.5 b. ... '] MEMORANDUM DATE: July 16, 2002 TO: FROM: Shorewood Park Commissioners # LarryBrown, Director of Public Works RE: Request from Excelsior Community Library to use the Skate Park for a Skateboard Demonstration . The Excelsior Community Library is requesting the use of the Skate Park on Saturday, October 5 from approximately 1 :00 - 3 :00 p.m. for a professional skateboard demonstration, as part of the Library's Teen Read Month. As stated in the attached letter from Peggy Bauer, Excelsior Community Librarian, the following is also being requested: . The Library is requesting that the No Parking along St. Alban's Bay Road be lifted during the hours of 1 :00 - 3 :00 p.m. on Saturday, October 5, to provide for sufficient parking for spectators and participants. . The use of a sound system for the emcee, and to play recorded music as part of the one-half hour demonstration. Staff has consulted with the South Lake Minnetonka Police Department (SLMPD) regarding . lifting the parking prohibition along St. Alban's Bay Road. Concerns center on the narrow roadway widths along St. Alban's Bay Road. SLMPD has stated that up to 4 of the No Parking signs may be bagged. Staff recommends that the applicant arrange shuttle service from a designated parking lot off site. Since the installation of the park equipment, residents of the area have voiced their concerns with regard to traffic turning around in the private dl-ives or driveways adjacent the park. Allowing traffic to seek out parking spaces for a limited number of available spaces will lead to traffic issues. Also noted in the request is the need for a public address system. Therefore, it is strongly recommended that the Library notify neighboring residents of this event. Attachment 1 .... Hennepin County Library M E M o DATE: TO: FROM: SUBJECT: July 15, 2002 Ci.tyOfShOreWO.Od. .COunCil a.n( 'lOW./V' [)., ~^--' . Peggy Bauer, Excelsior Com.m~~5J[a4. P< Permission to Host Teen Read Month Program at Shorewood Skatepark . The Excelsior Community Library, 343 Third Street, Excelsior, MN 55331, would like to schedule a Skateboard Demonstration produced by 3Td Lair Skating Rink, 1201 East Lake Street, Minneapolis, MN 55407-1763, as part of our October is Teen Read Month Celebration. May we please have the Shorewood City Council's permission to use the Shorewood Skate Park in South Shore Community Park located at 5355 St. Alban's Bay Road, Shorewood, as the performance location? . The demo would consist of two professional skateboarders demonstrating skills and tricks, with an emcee to host the program. Our preferred performance date would be Saturday, October 5 at 2 p.m. The actual performance would last 30 minutes, with 5-10 minutes for questions & answers following the performance. With setup and takedown, the total time at the park would probably be 1 to 1.5 hours. 3rd Lair would probably bring a portable microphone and sound system. The performers usually perform to recorded music. The Friends of the Excelsior Community Library would fund the program. The program would be open to the general public. If it is raining or snowing the program would be cancelled and rescheduled for another date, weather permitting. Because there are only 7 parking spaces at the Skate Park, the library also requests that , the City of Shorewood temporarily lift the parking ban on one side of St. Alban's Bay Road, say from 1-3 p.m. that day, so that there would be sufficient parking for parents of the spectators. Please let me know if this is permissible. We would also request that if there are any fees for hosting such an event, that they be waived. If you have any questions, please feel free to call me at the Excelsior Community Library: 952-474-6118. Thanks for your consideration. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . DATE: Mayor and Council . Craig Dawson, City Administrator ... .. Larry Brown, Director of Public Works ~ August 8, 2002 TO: FROM: RE: Scope of Services for Park and Recreation Coordinator Attachment 1 is a draft scope of services for a firm to provide contract Park and Recreation Coordinator services. The Park Commission reviewed the scope of services during their July 23rd Park Commission meeting, and found it to be in order with minor revisions. The intent of this scope of services is to contract with individuals or firm to assist City Staff in the coordination of organized sports. While not all encompassing basic responsibilities of the scope of services include the following: . >> Coordination and distribution of pre-signup material. >> Assist Staff in conducting pre-season information meetings. >> Sign up and database management of teams. >> Collection and organization of certificates of insurance, rosters, and field requests. >> Field assignment based on time slots ancl field numbers. >> Day to day management of routine issues and coordination with City Staff. >> Serve as a liaison between Sports Organizations, Staff and other agencies. >> Conduct monthly status reports to the City of Shorewood. Since this item has been discussed many times at the Commission and City Council levels, Staff is recommending that the scope of services be considered separate from the funding portion of the equation. If the City Council reaches consensus on the scope of services, funding aspects can be discussed at the budget work session. Recommendation The Park Commission recommended approval of the scope of services for the Park and Recreation Coordinator services. #. ~." PRINTED ON RECYCLED PAPER #5c. City of Shorewood Scone of Services for Park and Recreation Coordinator Objective and Scone: As a firm providing contracted services for Park and Recreation Coordinator, this firm plans, oversees, and in general manages all of the organized sports events; assists and advises various departments of the City, and performs duties and responsibilities as set forth by City Staff and the City Council. Status: Contract Position Reports to: Park Secretary and Director of Public Works.. . Snecific Resnonsibilities: 1. Season Signup and Sports Organization Initiation A. Prepare regularly scheduled and published meeting dates to provide sports organizations the opportunity to request facility use. B. Assist the City Staff in conducting a spring coordination meeting to review policies and procedures with sports organizations. C. Prepare forms and information packet outlining procedures for team registration and facility use requests. 2. Sports Organization an Field Use Database A. Firm/individuals shall be capable to schedule time and field specific utilizing scheduling software provided by the City of Shorewood, and in accordance with the Park Use Equity Policy Monitor (by way of feedback) effectiveness of scheduling Address questions or conflicts regarding field usage. Forward schedules and schedule changes to the park secretary in writing Notify the Park Secretary immediately of any changes in schedules . B. C. D. E. 3. Document Retrieval and Fee Collection A. The firm or individuals shall obtain the necessary documentation from each candidate organization, including certificate of insurance, team roster, and user fee in accordance with City policies. B. Original paperwork and fees shall be hand delivered to the Parks Secretary within two days of receipt. ATTACHMENT 1 . . 4. User Relations A. Ability to handle public and user contact with tact and effectiveness B. Must be available during peak field usage to answer questions C. Provide field cancellation notices in a timely manner to coaches or other individuals 5. Prepare Published Reports A. Prepares and distributes a Field Use Schedule, based upon the City of Shorewood Park Equity Policy, to all successful sports organizations B. Prepare a brief monthly written report to the Park Commission and City Council regarding field usage and noteworthy updates C. Prepares and end of the year report indicating successes, problems, and suggestions to improve the program to the Park Commission and City Council. 6. Requirements A. Must become familiar with Shorewood Park facilities in a reasonable amount oftime.. B. Must be proficient in Microsoft Word, database management, and Microsoft Excel C. Ability to deal effectively with a variety of audiences including City Administrators, City Council Members, the public, and sports organization officials. D. Must demonstrate prior experience with public agencies or civic organizations, in addition to the public. E. Place of business must have a dedicated telephone line for this service., including facsimile capabilities. F. Pentium computer capable of running scheduling software databases. G. Must have internet and e-mail access CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM DATE: City Council Park Commission . Craig W. DaWson, City Administratofct July 18,2002 , TO: FROM: . SUBJECT: Draft Agreement with South Tonka Little League for Building in Freeman Park . City Attorney Tim Keane has dIafted, anq staffhas reviewed, an agreement with South Tonka Little League (STLL) regarding the responsibilities and use of the maintenance/concession building in the southern part of Freeman Park. It has been forwarded to STLL, whose Board will meet-shortly (although not in time for the, July 22 Council meeting,) to review the agreem~nt. Major features of the agree~ent (note,d by paragraph number) include: 1) STLL is granted exclusive use of the building ,2) The agreement lasts for one year, and,i~ automatically renewing subject to 30-day notice not to renew " 6) STtL is required to use, operate, and maintain the building consistent with all federal, state, county and local regulations,.including building and health codes ' 8) STLL will Carry $2 million in insurance, and hold the city harmless 10) STLL will provide accounting to the City of the concessiol:1 operation on October 1 The agreenien~ would take effect upon approval Oy each p~,and not wait until 'anuary 1,2003. . Any suggested,revisions to the draft agreement are welcome. This item will be placed on the agenda for the August 12,2002, meeting of the qity Council. n ~J PRINTED 9N RECYCLED PAPER 1t5b OPERATING AGREEMENT by and between City of Shorewood and South Tonka Little League THIS AGREEMENT made this day of . 2002, by and between the City of Shorewood, a Minnesota municipal corporation (the "City") and the South Tonka Little League, a Minnesota non-profit corporation ("STLL"). RECITALS WHEREAS, pursuant to the City Resolution Number 26-93, the STLL constructed a maintenance/concession building in Freeman Park; and WHEREAS, the Shorewood Zoning Code allows public recreational buildings by conditional use permit ("CUP") subject to certain conditions; and WHEREAS, the STLL constructed a 16-foot by 32-foot one-story building with decorative block walls and wood frame roof structure (the "Building"); and WHEREAS, the STLL expressly donated the Building to the City of Shorewood in 1996; and WHEREAS, the City and STLL desire to enter into this Agreement to set forth the respective rights and duties of the parties. NOW, THEREFORE, the parties agree as follows: 1.) Operations. The STLL is granted exclusive use of the Building for maintenance and equipment storage and periodic concession sales for the southerly baseball fields within Freeman Park. . 2.) Term. The Term of this Agreement shall be for a period of one (1) year . commencing on January 1 and terminating December 31 of each year, except the initial Term shall commence the date of execution of this Agreement and terminate December 31, 2003. The Term of this agreement shall renew automatically on an annual basis unless terminated by one party giving thirty (30) days written notice to the other party prior to expiration of a Term. 3.) Maintenance. The City shall be responsible for the maintenance of the exterior of the Building including walls, roof and abutting grounds. The STLL shall be responsible for the maintenance and upkeep of all interior components of the Building. Each party agrees to undertake reasonable and diligent efforts to maintain its respective portion of the Building. 4.) Utilities. The STLL shall be responsible for prompt payment of all costs associated with utilities and utility services provided. to the Building. 5.) Access. The STLL shall provide access to the Building when requested by the Public Works Director. . . 6.) Compliance with Laws. The STLL agrees to use, operate and maintain the Building consistent with all federal, state, county and local regulations including but not limited to building and health codes. 7.) Property Insurance. The City agrees to provide property and casualty insurance for the replacement value of the building. The STLL shall maintain property and casualty insurance for all personal property and fixtures located within the Building. 8.) Liability Insurance. STLL shall provide workers' compensation insurance as required by law. In addition, STLL shall carry comprehensive general liability insurance, with limits of $2,000,000.00. STLL will furnish to the City, upon request, a certificate of insurance indicating said coverage is.in effect. STLL. shall indemnify and hold the City harmless against any and all loss, damage and expense of any injury to persons, including employees of STLL, associated with the use of the Building, and for any loss or penalty resulting from STLL's violation of any law or ordinance. STLL agrees that it will indemnify and hold the City harmless from and against any loss for injuries or damages arising out of the negligent acts of STLL, its agents or employees. The City shall not be held responsible for any damage to materials or equipment of STLL by spoilage, theft, vandalism, fire or other causes. 9.) Licenses. Permits and Taxes. STLL will obtain all required licenses and permits for its concession operation, as well as collect and pay all federal, state and local taxes attributable to the concession operation. 10.) Accounting. On October 1 of each year, STLL shall provide an accounting to the City relevant to the concession operation. 11.) Assignment. STLL shall not assign its interest in this Agreement without the written consent of the City. IN WITNESS WHEREOF, this Agreement has been entered into as of the date first written above. SOUTH TONKA LITTLE LEAGUE CITY OF SHOREWOOD By: Its: By: Its: Mayor By: Its: City Administrator 781365.1 2. - CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 16 JULY 2002 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Vice-Chair Pisula called the meeting to order at 7:01 P.M. Roll Call Present: Commissioners Borkon, Gagne, Packard, Pisula, White, and Woodruff; Council Liaison Garfunkel, and Planning Director Nielsen Absent: Chair Bailey . APPROVAL OF MINUTES June 4, 2002 Gagne moved, Packard seconded, approving the June 4, 2002, Planning Commission Meeting Minutes as presented. Motion passed 5/0/1, with Borkon abstaining due to absence at that meeting. 1. 7:00 P.M. PUBLIC HEARING-C.U.P. FOR ACCESSORY SPACE OVER 1200 SO FT Applicant: Rick Bateson Location: 6180 Murray Court Vice Chair Pisula opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing. He also explained most items recommended for approval this evening would be placed on the July 22, 2002, Regular City Council Meeting Agenda for further consideration unless specified differently. . Director Nielsen explained the applicant was building a home at 6180 Murray Court in the R1-C, Single Family Residential zoning district. He stated the applicant was requesting a Conditional use Permit for Accessory Space over 1200 square feet to build a two-level attached garage. Director Nielsen went on to explain the garage would be accessible to the front of the home at the front of the garage, and the lower level was accessible through a side garage door. He noted the total square footage of the garage to be approximately 4, 086 square feet above grade, and also characterized the building site to be comprised of steep topography and a wetland area, thus, necessitating the placement of the house on the lot as far forward as possible. Director Nielsen also stated the request complied with all four criteria for a Conditional Use Permit, and no additional landscaping would be required as part of the recommendation for approval. Rick and Sue Bateson, 6180-Murray Court, were in attendance. Mr. Bateson stated there was no hardship involved in this request; however, he would simply like a large garage for his home. He stated he had owned the lot for ten years and had given a great deal of thought to the placement of the house and requested garage on the site. He also noted the neighbors to be complimentary with regard to the proposal for the site. Vice Chair Pisula closed the Public Testimony portion of the Public Hearing at 7:10 P.M. . PLANNING COMMISSION MEETING MINUTES July 16, 2002 Page 2 of 8 Commissioner Gagne conftrmed the location of the driveway to be within the allowable setback area of the lot. Borkon moved, Gagne seconded, recommending approval of a Conditional Use Permit, subject to staff recommendations, for Rick and Sue Bateson, 6180 Murray Court. Motion passed 6/0. Noting the time to be 7:13 P.M., Vice Chair Pisula reviewed the procedures and criteria necessary for approval of variance requests. He noted these criteria to be set forth by State statute, and noted the evidence of hardship needed to be proven by the applicant. 2. 7:15 P.M. PUBLIC HEARING - VARIANCE FOR PARKING LOT SETBACK AND CURBING REQUIREMENTS Applicant: .Lake Fellowship Unitarian Church. Location: 24575 Glen Road Vice Chair Pisula opened the Public Hearing at 7:15 P.M. Director Nielsen stated the Commission had held a Public Hearing to consider an after-the-fact conditional use permit for a parking lot constructed by the Lake Fellowship Unitarian Church on their property at 24575 Glen Road. He went on the explain the parking lot had been constructed within the front yard setback area of the property, and that matter had been continued to July in order for church representatives to determine whether a variance application or correction of the work was necessary. The representatives had commissioned a soils engineer for soil testing in the vicinity of the parking area, and had since decided to apply for a variance. . Findings by the soil engineer indicated the ground to the north of the current parking lot was not suitable to support either the parking lot or continuous poured concrete curbing required by the Shorewood Zoning Code. The applicants had placed large logs at the perimeter of the parking area with dirt backfIlled behind them, in lieu of curbing. These ftndings were also in accordance with recommendations of the Minnehaha Creek Watershed District (MCWD) regarding the preference for a "sheeting" type of stormwater runoff versus directed runoff found through a curb and gutter system. Screening was considered adequate for the site. Director Nielsen recommended approval of the variance, given the fmdings of the soil engineer, however, the recommendation should include a provision of the parking lot being striped and the three parcels of land on which the church was located being legally combined. Completion of the items was recommended by end of July. . Scott Gauer, 3820 Lone Cedar Lane, Chaska, representing the Lake Fellowship Unitarian Church, thanked the Commission for continuance of this matter. He stated the conditions of striping and lot combination would require Board consideration and a meeting was not probable prior to the end of July. He also wondered about the rationale behind combining the lots and the potential ramiftcations for such an action. Director Nielsen explained the church and parking lot currently straddle property lines of the three lots comprising the church property. He stated the purpose of the combination to make the site conforming according to City Zoning regulations. In addition, he explained the process of lot combination included writing a letter to Hennepin County for such an action to take place. Should the Church ever decide to sell the land for development purposes, the lot could then be rep1atted and lots subdivided to R1-C zoning guidelines at that time. Director Nielsen also stated the end of August would be ample time to resolve these matters through Board resolution for the church. Alex Wagenaar, 890 Fox Court, Chanhassan, expressed concern for the ability to replat and subdivide the lots as he had negative results with a similar matter in a different state. Director Nielsen clarifted the issue to remedy the concern. PLANNING COMMISSION MEETING MINUTES July 16,2002 Page 3 of 8 Vice Chair Pisula closedthe Public Testimony portion of the Public Hearing at 7:28 P.M. Commissioner Gagne stated he lived in that area for some time, and originally the site had been a swamp area that had been filled in over time as the area developed. He also agreed with the lot combination, noting if the land could not sustain a parking lot, it was improbable that it could sustain development of homes. Commissioner White questioned whether the logs serving as curbing around the perimeter should be staked to maintain location. Director Nielsen explained they had been backfilled to help maintain location, however, replacement and maintenance of the logs would need to be a condition of the Conditional Use Permit approval. Commissioner Woodruff suggested the maintenance of landscaping should also be included as a condition of approval for the permit. . Borkon moved, Woodruff seconded, recommending approval of a variance and Conditional Use Permit for a parking lot setback, subject to staff recommendations and the combination of the three parcels and striping of the parking lot area to be completed by August 31, 2002; continued upkeep and maintenance, as well as the staking, of curb logs around the parking lot area; continued upkeep and maintenance of landscaping on site. Motion passed 6/0. 3. 7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE ADDlicant: Dennis and Laura Dvorak Location: 5670 Echo Road Director Nielsen explained the applicants had requested a setback variance to construct an attached two- car garage on their property at 5670 Echo Road. The property was zoned Single Family Residential, and contained approximately 11,721 square feet of area. In addition to the substandard lot area, the lot was six feet narrower than the zoning district allowed and had a parallelogram shape. . The proposed garage measured 22' x 26' and was to be constructed in front of an existing small single- car garage attached to the south end of the home. The request necessitated a six-foot variance to the side yard setback requirement. Also, the applicants proposed converting the existing garage into a family room, extending four feet beyond what existed currently. The existing house contained approximately 1348 square feet of floor are, including the garage. The addition would add 653 square feet to the footprint of the house. Existing hardcover for the site was 33.6 percent, however, the applicants proposed reducing the hardcover by installing landscape fabric where plastic currently existed. In analysis, Director Nielsen noted the house did not meet setbacks on the west and north sides of the lot, thus, leaving the only expansion of the home to be on the east side of the property. The new garage would be 43 feet from the front property line. Director Nielsen further explained the applicant's request seemed justified according the variance criteria. He noted the substandard area of the lot to be aggravated by its shape. He also noted the presence of a two-car garage was commonly enjoyed by most residential properties in the City. With regard to granting variances, he stated the criteria stated the variance must be minimized to the extent possible. To this extent, the expansion of the old garage to increase the family room size was not justified, and he recommended the existing south end of the structure remain as it currently existed. Additional landscaping was not required. ~ PLANNING COMMISSION MEETING MINUTES July 16,2002 Page 4 018 Laura Dvorak, applicant, stated her main concern was for room needed to accommodate the size of her growing family. She stated the family roo~ as it currently existed, would only allow for a 12' width and she stated it seemed logi~l to make it four feet longer and flush with the side of her proposed garage. Seeing no one present wishing. to further comment on this case, Vice Chair Pisula closed the Public Testimony portion of the Public Hearing at 7:48 P.M. Commissioners clarified expansion areas in the buildable area of the lot, and also noted changes to the property lines as part of the County Road 19 project were not expected. Commissioner Borkon questioned why the four feet could not be granted, as it seemed a logical part of this request. Director Nielsen explained it would be adding to the variance request, rather than minimizing it, and would also go against policy and precedent. Vice Chair Pisula stated the issue was about reasonable use of the site, and reasonable use could be maintained without the additional four feet of family room space being requested. Commissioner Borkon stated she believed the criteria for granting a variance is subject to interpretation. . She stated she thought it was unfortunate a person could not develop their own property logically due to the interpretation of the criteria. Additionally, she noted it would be cost prohibitive for the applicant's to expand their living space into the buildable area of the lot, given the floor plan of the house and the egress windows on the lower level that would need to be removed and compensated for elsewhere in the structure. She stated that, at times it seemed, by not granting a variance, that the Commission unintentionally developed a hardship; thereby creating a criteria for variance. Woodruff moved, Packard seconded, recommending approval of the setback variance, subject to staff recommendations, for a garage for Dennis and Laura Dvorak, 5670 Echo Road. Commissioner Borkon requested the motion be split in to two separate actions. Without objection from the maker and seconder of the motion, the motion was amended. Woodruff moved, Packard seconded, recommending approval of the Setback Variance, subject to . Staff recommendations 1-6, of the Staff Memorandum, dated July 11, 2002, from Director Nielsen to the Planning Commission, Mayor and City Council, regarding a request for Dennis and Laura Dvorak, 5670 Echo Road. Motion passed 6/0. Woodruff moved, White seconded, recommending denial of a Setback Variance for the four-foot addition of the family room for Dennis and Laura Dvorak, 5670 Echo Road. Motion passed 4/2, with Borkon and Gagne dissenting. 4. 7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE Almlicant: Marlow Peterson Location: 4985 St. Alban's Bay Road Director Nielsen explained the applicant had requested a setback variance to construct an extension of his existing attached garage on his property at 4985 St. Alban's Bay Road. The property was zoned Single- Family ResidentiaVShoreland and contained 8012 square feet of area. The proposed garage addition measured 16' x 16' and would extend from the rear of the existing garage in tandem fashion. The request necessitated an eight-foot variance to the rear yard setback requirement and a seven-foot variance to the side yard requirement. The lot was nonconforming, with respect to maximum impervious surface, having 35.6 percent of the lot covered where 25 percent was allowed. The proposed garage would increase CI) ~ ~ ~ ~ ~ Ii&l Ii&l :e z e i ~N ;~~~ .. <:> \ow) ':.& ~~~ . .. c..."O.... 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"0 .~ CD..d = 0 tIS ~..dm'+oJCDcDOc... ij'+oJ;:J:-....UClSO m eo_ 13 1i fa CD m Il) ,51 ~ S i3 a m 8 ~j~lS~]~~ ,!!~8i.8~a~ .!2 ....ru ~::s! ::s.s i! ~ J '2 1 ~.; ~ ce ~=.aoCD't:l"Oleo Il) G) Ja'13 e.t:I Il). ;5ma3.~.sgm "0 a ui 8 'fa '0 'S: 1 8:: tI:I ca m 6 :1:1 "0 8 o CD o fa ~ .... o Il) :3 '8 j ~ .s Il) -s "0 CD ~ 'S: e ~ -s ~ m - Il) , .... ~ Zo .....~ ~ B .~ g oe .. \ PLANNING COMMISSION MEETING MINUTES July 16,2002 Page 6of8 6. 8:15 P.M PUBLIC HEARING - INTERIM USE PERMIT AUi>licant: Dan Ohland Location: 25070 Smithtown Road Vice Chair Pisula opened the Public Hearing at 8:31 P.M. Director Nielsen explained the applicant owned the property at 25070 Smithtown Road. In addition to his home, the applicant used the property to operate his landscape excavating business. Although that use was allowed previously as part of a Conditional Use Permit (CUP), it had become a nonconforming use under current zoning regulations. As such, the business was considered to be "grandfathered in," however any kind of expansion to the business or the residential use of the property was prohibited while the business existed on the site. The applicant now wished to either substantially remodel and increase the size of the house or build a new house on the site. While he was not yet willing to quit or relocate the business, he had indicated a willingness to do so in three years. As a result, the. City Attorney suggested the use of an interim use ordinance to accommodate the applicant's plans for the site. . Director Nielsen went on to explain the property was zoned Single Family Residential and contained approximately 84, 410 square feet in area. The property was irregularly shaped, having no frontage on Smithtown Road, and access through an easement across the property to the south. In addition to the applicant's house, the property was occupied by a 30' x40' accessory building used as a shop for his business. Heavy equipment was parked on the north side of the shop and landscape materials were stockpiled elsewhere on the property. Director Nielsen stated the interim use provisions would typically be. used to allow temporary uses of land, pending some higher future use. While some cities use this type of ordinance to provide for short- term events, such as festivals or recreational events, he anticipated the City would utilize the interim use ordinance for control and elimination of nonconforming uses. While CUPs continue with the land, interim CUPs have a specific termination date. He further explained Mr. Ohland's alternative to obtaining an interim use permit included building a new house elsewhere and selling off the business in it current location, thereby allowing a nonconforming use to continue indefmitely. An interim use permit could provide a contractual agreement whereby the nonconformity could be eliminated within a specified . period of time. It was recommended the excavation business would be discontinued within three years of the dated the applicant received a building permit for the construction on the house. Director Nielsen cited the approval of an interim conditional use permit ordinance and interim conditional use permit for the applicant to be a reasonable approach to solving Mr. Ohland's problem, while at the same time expediting the elimination of a nonconforming use of residential property. The condition of approval would be that the business would be discontinued within three years of the applicant obtaining a building permit. He also noted this request included a request for Conditional Use Permit for Accessory Space over 1200 Square Feet. Director Nielsen also stated he had received calls and a letter from neighbors in the area expressing concern for the noise from operating the business on the site as the noise would extend beyond normal business hours. He suggested hours of operation for the site to be Monday through Friday, from 7:00 A.M. to 7:00 P.M., and Saturdays from 8:00 A.M. to 6:00 P.M., and noted the City Attorney had recommended the addition of these conditions to the interim CUP for this case. Dan and Keelo Ohland, applicants, were attendance. Mr. Ohland stated he operated a snowplow in the winter months in addition to the landscaping and excavating business on site making the limitation to hours of operation a concern for him. He stated he was wanting to trade something to get something in return as it would work well for all parties involved. He wanted to move the business to a new location '" " ., ~ . . PLANNING COMMISSION MEETING MINUTES July 16, 2002 Page 7 of 8 within the next three years and this interim Conditional Use Permit would allow him to set up and operate his business elsewhere. Vice Chair Pisula closed the Public Testimony portion of the Public Hearing at 8:45 P.M. Commissioner Gagne stated his relatives had had business dealings with the applicant, however, he did not perceive this to be a conflict of interest for this case as he had not been involved in those dealings. He also stated the business may have been in its present location prior to neighbors that moved in. If this was the case, people need to be aware that they moved in next to a business operation. He suggested the Commission not further complicate the matter by dealing with the issue of hours of operation, as the business would be gone in three years. Mr. Ohland explained rock was stored in the back of the lot, and a neighbor was interested in purchasing that portion of land from him. This action of sale would quiet the area. In addition, he noted the larger trucks generally work in Edina, Minnesota, and there were situational issues were large noisy trucks would enter the site occasionally. Commissioner Packard questioned Mr. Ohland as to the anticipated necessary hours of operation. Mr. Ohland explained his process of operation, noting rocks were occasionally dumped and loud noises did sometimes occur should maintenance and repair of the trucks need to take place, such as in the event of a flat tire needing replacement before morning. He stated he did not want to restrict his hours of operation, but simply wanted to transition the business smoothly to another location in a different area. Woodruff moved, Borkon seconded, recommending approval of a draft Interim Conditional Use Permit Ordinance. Motion passed 6/0. White moved, Gagne seconded, recommending approval of an Interim Conditional Use Permit, subject to Staff recommendations and the stipulation for removal of the business on the site to be completed by three years from the date of building permit issuance, for Mr. Dan Ohland, 25070 Smithtown Road. . Commissioner Packard stated she liked the idea of using an interim CUP in this case, but remained concern for the hours of operation. Keelo Ohland stated they had been working with the neighbors to maintain positive relationships within the area. Motion passed 6/0. Vice Chair Pisula recessed the meeting at 9:07 P.M., and reconvened the meeting at 9:12 P.M. 7. PUBLIC DISCUSSION - ORGANIZED REFUSE COLLECTION ORDINANCE Director Nielsen stated the Commission was nearing the end of the Organized Refuse Collection process by review of this ordinance. He stated the recycling date for the City was to remain firm, however, the refuse haulers were willing to be flexible and align pick-up dates for refuse with recycling in the City. He then reviewed the proposed ordinance. With regard to weight restrictions on the roadways during certain times of the year, Director Nielsen explained the City Public Works Director could place weight restrictions on permits, and should this not be reasonably followed, the ordinance could easily be amended to include provisions regarding weight restrictions. PLANNING COMMISSION MEETING MINUTES July 16,2002 Page 8 of8 .kI 'W " ^. Woodruff moved, Gagne seconded, recommending approval of an Ordinance Amendment for Chapter 507 of the City Zoning Code to restrict days of refuse collection to coincide with recycling services no later than October 1, 2002. Motion passed 6/0. 8. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 9. DRAFT NEXT MEETING AGENDA Director Nielsen noted three requests for Conditional Use Permits were, slated for the August 6, 2002, Planning Commission Meeting. 10. REPORTS Liaison to Council Commissioner Gagne reported on matters considered and actions taken at the June 10, 2002, and June 24, 2002, Regular City Council Meetings (as detailed in the minutes of those meetings). Commissioner White reported on matters considered and actions taken at the July 8, 2002. Regular City Council Meeting (as detailed in the minutes of that meeting). . Liaison to LCEC Commissioner Woodruff reported the Land Conservation and Environment Committee's sunset date had been extended until August 31, 2002. After that time, an ad hoc committee, consisting of one Park Commissioner, one Planning Commissioner, and one City Councilmember, would act in its place. SLUC There was nothing reported from the Sensible Land Use Coalition at this time. Other . There were no further reports. 11. ADJOURNMENT Woodruff moved, Gagne seconded, adjouring the Planning Commission Meeting of July 16,2002, at 9:35 P.M. Motion passed 6/0. RESPECTFULLYSUBN.UTTED, Sally Keefe, Recording Secretary . . -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 507.06 OF THE SHOREWOOD CITY CODE RELATING TO REFUSE COLLECTION Section 1. Section 507.06. of the Shorewood City Code is hereby amended to read: "507.06: REFUSE COLLECTION SCHEDULE: Each licensee shall collect refuse from premises for which he has a collection contract according to the following minimum schedule: daily from hotels, restaurants, and other premises which, in the judgment of the City, require such collection; and weekly from residences and other premises. No refuse shall be collected before six o'clock (6:00) A.M. or after eight o'clock (8:00) P.M. of any day. With the exception of Shady Island or Enchanted Island, collection from residential properties shall take place only on Wednesdays, unless otherwise authorized by the City Council. Collection from properties on Shady Island or Enchanted Island shall take place on Thursdays, unless otherwise authorized by the City Council." Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August 2002. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR if 6."r.