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072202 CC Reg AgP "-- - .~- 10 CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 22, 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 Regular Meeting Minutes of July 8, 2002 (Att.-#2A 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. Temporary Appointment of Full-Time Planning Assistant (Att.-#3B Administrator's memorandum) C. Approval of Massage Therapist License (Att.-#3C Planning Director's Memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PRESENTATIONS AND REPORTS A. Report by Tom Skramstad, Lake Minnetonka Conservation District (LMCD) Representative (Att.-#5A Report) B. Presentation by The Legacy Foundation regarding The Commons Project in Excelsior (Att.-#5B Administrator's memorandum) C. Request for funds from Friends of the Southshore Community Center (Att.-#5C Administrator's memorandum) D. Presentation by George Watson Regarding County Road 19 Corridor Study _ Streetscape Concept (Att.#5D Planning Director's Memorandum) w -. ..l II . CITY COUNCIL AGENDA - JULY 22,2002 PAGE 3 OF3 10. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Public Safety Facilities B. Mayor & City Council 11. ADJOURN CITY OF SHOREWOOD REGULAR COUNCIL MEETING July 22, 2002 PUBLIC SIGN-IN SHEET For the record, please nrint your name and address below. Thank you. Name Address 1. We,' \; ~O~ '. ~\e'f '^-lO('f"Mr t>CfO FO)(O- Ch9."~'" 2. 3. 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.ci.shorewood.mn.us.cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 22 July 2002 5:45 p.m. - Liquor Committee meeting 6:30 p.m. .Park Commission interviews EDA Meeting - Following Regular Council Meeting Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Planning Assistant Patti Helgesen is working a schedule that qualifies for the full range of benefits while Planning Assistant Pamela Helling is on maternity leave. Technically, it is appropriate to designate that Ms. Helgesen has an interim benefited- employee status as she is expected to work this schedule for an extended period of time. Agenda Item #3C: Margaret Prehan has requested a massage therapy license to do therapeutic massage at her home 4828 Rustic Way. Her credentials are attached for your review. Since clients would be limited to no more than one at a time, a special home occupation permit is not required. Approval of the license requires a simple majority vote by the Council. Agenda Item #5A: Tom Skramstad, LMCD Representative, will give his quarterly report to Council this evening. Agenda Item #5B: Representatives from The Legacy Foundation will give an informational presentation on its concepts and plans for The Commons Project in Excelsior. Agenda Item #5C: A representative of The Friends of the Southshore Senior/Community Center will be present tonight to request funds from the City of Shorewood to develop a maintenance escrow fund of $20,000 for future maintenance and repairs. The Friends are requesting $1000. If Council wishes to make this contribution, funds are available in the Council's Contingency Fund. Agenda Item #5D: George Watson will present the concept plan for the County Road 19 Corridor Study. The Planning Commission, LCEC and Park Commission have all weighed in on the plan and Council approval is the next step before preparation of ft ~J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 22 July 2002 Page 2 of3 detailed plans for the County Road 19/Country Club Road intersection project. Staffwill present the recommendations of the three advisory groups. -# Agenda Item #6A: The Park Commission representative will report on the July 9,2002 Park Commission meeting. Agenda Item #7 A: At its 10 June meeting the City Council directed staff to prepare a resolution approving a setback variance for James Quandt at 22425 Murray Street. The enclosed resolution requires a simple majority vote. A follow-up resolution, approving the required subdivision and combination will be distributed at the meeting on Monday night. Agenda Item#7B: After a series of continuances, representatives of Lake Fellowship Unitarian Church applied for a variance in order to keep the parking lot as it was paved. Based upon soil testing and a recommendation from a soils engineer, the Planning Commission recommended unanimously to approve the variance and a conditional use permit for the property subject to recommendations from staff. The Council should direct . staff to prepare findings of fact and incorporate them into a resolution for the 12 August meeting. Agenda Item #7C: Marlow Peterson has requested a setback variance to build a second stall on his garage and a front porch on his property at 4985 St. Alban's Bay Road. The Planning Commission voted unanimously to recommend approval of the garage addition, but directed the applicant to revise his plans, reducing the porch and deck to the area of the existing stoop and entry on the house. The Council should direct staff to prepare findings offact and incorporate them into a resolution for the 12 August meeting. Agenda Item #7D: Rick Bateson has requested a conditional use permit to build a lower level garage on his property at 6180 Murray Court. The total area of accessory space on this new house exceeds 1200 square feet. Based on the Planning Director's report that the request satisfies all criteria for the C.u.P., the Planning Commission recommended . unanimously that the permit be approved. A draft resolution is attached for your consideration. Agenda Item #7E: Dennis and Laura Dvorak request approval of a setback variance to build an attached two-car garage and a family room addition on their property at 5670 Echo Road. The lot is substandard in area and there is inadequate room to comply with the 10- foot side yard setback requirement. The Planning Commission voted unanimously to recommend approval of a variance for the garage. On a 4-2 vote it recommended denial of the family room addition, citing that the applicants have other options for expanding the house without a variance. Staff should be directed to prepare findings of fact for the 12 August meeting. Agenda Item #7F: Over the past couple of years the Planning Commission has considered adopting an ordinance that address interim uses of property. Those are temporary land uses that are allowed to occur until a defined date or until the property is redeveloped for some other use. The City Attorney has suggested that this type of ordinance could be used for the elimination of nonconforming uses. Mr. Dan Ohland has requested such a . ~ ... '. . Executive Summary - City Council Meeting of 22 July 2002 Page 3 of3 permit that would allow him to add on to his existing home at 25070 Smithtown Road while keeping his landscape business, which has been "grandfathered in", for three more years. Upon adoption of the ordinance, The owner would enter into a legal agreement with the City guaranteeing that the business would cease within three years of the issuance of the building permit for the house. For formal approval, the Council should direct staff to prepare an ordinance changing the text of the Zoning Code and a resolution approving an interim conditional use permit for the meeting on 12 August. Approval of each will require a simple majority vote by the Council. Agenda Item #7G: (see Item #7F) Agenda Item #7H: Councilmember Lizee and staff met with ML Stan Taube on July 16 regarding a remaining issue in the development agreement for the Shorewood Village Center/CUB proposal. The matter was $78,000 of City funds paid to Mr. Taube's firm as an escrow for property to be taken for the Highways 7 & 41 intersectionlLake Linden Drive realignment project. The land taken would have been required in the platting process at no cost to the City. Mr. Taube raised issues of fairness. After Mr. Taube left the meeting, we believed that it would be fair for Mr. Taube to retain the costs he incurred because of the City's condemnation action, totaling approximately $18,000, plus approximately $17,500 in compensation for the temporary easements for the construction project. City Attorney Keane's memorandum explains this matter more fully. Agenda Item #8A: The Liquor Committee met with Tonka Bay's liquor committee on July 17. It appears that certainty will not happen soon about the direction Tonka Bay plans to take regarding continuing liquor operations. The Liquor Committee will be appearing at Tonka Bay's July 23 Council meeting. The Committee seeks comments and direction from the Council. Agenda Item #8B: Earlier this evening, Council interviewed two candidates for possible appointment to the Park Commission. The appointment is to fill the seat vacated by Dan Puzak, and would run through January 31,2004. Council may determine to appoint one of the candidates, or continue to recruit for the position and conduct future interviews. Agenda Item #9A: Bids were received and opened on July 17, 2002, for the Freeman Park Parking Lot and South Access Closure to Trunk Highway 7. The low bid was $247,687.35, versus the engineer's estimate of $168,316.50. Staff has weighed the impacts of rejecting bids, and bidding next spring. Certainly, performing construction in the fall opposite the sports seasons has several advantages. However, the high bids received support rebidding this in the winter-spring of 2003. Due to the high bids results received, Staff is recommending approval of the resolution that rejects all bids and authorizes the return of the bid bonds. A resolution is attached for your consideration. .. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 8, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembersflarfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen requested Item 6D be moved to the July 22, 2002, Regular City Council meeting agenda. Zerby moved, Lizee seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of June 24, 2002 Garfunkel moved, Turgeon seconded, Adopting the City Council Regular Meeting Minutes of June 24, 2002. Motion passed 5/0. B. City Council Work Session Minutes of June 24, 2002 Turgeon moved, Zerby seconded, Adopting the City Council Work Session of June 24, 2002. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Vermed Claims List B. Approval of the 2003 Budget of the Lake Minnetonka Conservation District Motion passed 5/0. 4. MATTERS FROM THE FLOOR There was no one present wishing to speak on matters from the floor. =#: ~A . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 2 of 10 5. PARKS Engineer Brown stated there had not been a meeting of the Park Commission since the most recent Council meeting. The next meeting of the Park Commission would be on July 9, 2002. 6. PLANNING Commissioner White stated there had not been a meeting of the Planning Commission since the most recent Council meeting; however, she would be available for comment on matters being addressed this evening as part of the Agenda. As it was not yet 7:15 P.M., Council agreed to proceed to Item 6E, and upon the correct time, return to Item 6A. A. 7:15 p.m. - Public Hearing for Disposition of Surplus Real Estate - Church Road . Mayor Love opened the Public Hearing at 7:15 P.M., noting the procedures utilized in this Hearing. Director Nielsen explained the Public Hearing was being held to consider the disposition of excess land acquired by the City for the construction of the Church Road cul-de-sac. Staff had been directed to have the land value revised by the Assessor and also to analyze the land for use as conservation open space. As a result, the assessor had designated the land value at approximately $50,000 to $60,000. Also, given the constraints of the location of the lot, the advantages to retaining it under City ownership for open space was considered minimal. Director Nielsen encouraged Council to consider the possibilities for the land, including the option to sell it and purchase conservation easements adjoining more meaningful open space areas. He noted Mr. Pastuck, the adjoining property owner, was interested in obtaining and developing the property, and was in attendance this evening. Mr. John Pastuck, 20345 Excelsior Boulevard, believed the amount of $27,787, representing the amount of two Church Road project assessments, to be more palatable for purchase of the parcel. He stated he would like to develop the parcel into four lots and provide green space in the middle of the lots and . connect this site to the trail in the area. Simon Lewis, 6130 Church Road, stated he would like to see the woodland area retained near the trail. Mark Morford, 6150 Church Road, questioned what had happened with the previous plans for this property, as he had known the project under a different plan. He also questioned whether this property could be sold through a public bidding process rather than just selling it to the developer. He also questioned whether the cul-de-sac in that area would be come a through road. Director Nielsen explained there were no plans for removing the cul-de-sac in that area. Mr. Morford also stated, should the City decide to sell the property, he would like to be notified as he and other neighbors could potentially be interested in purchasing the property as well. Susie Lenzin, 6170 Church Road, stated she was concerned for the lack of notification of plans for the property . Mayor Love closed the Public Testimony portion of the Public Hearing at 7:35 P.M. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 3 of 10 Councilmember Garfunkel expressed concern for discussing the sale of public property without notification to the public of the intent to sell the land. Mayor Love agreed, noting if Council decided to sell the property, public notification should be given thereby allowing all interested parties to participate in the sale. Councilmember Garfunkel also stated he did not see a public need for the property. Councilmember Zerby commented he had hoped to see residents expressing an interest in retaining open space in the City, and this Public Hearing seemed to provide that opportunity. He also stated he believed use of a bidding process to be an acceptable way to sell the land. Councilmember Lizee agreed, commenting an appropriate value needed to be placed on the land if it was to be sold. Lizee moved, Zerby seconded, Directing Staff to order an appraisal of the property and return the matter to the Council for process of putting the property up for sale. Motion passed 5/0. B. 7 :30 p.m. - Public Hearing for consideration of request to vacate right-of-way - Maple Street . Noting the next two items (6B and 6C) on the Agenda were related, Councilmember Garfunkel recused himself from taking part in any discussion or action regarding these matters in order to avoid any potential conflict of interest. He left the Council Chambers at 7:38 P.M. Director Nielsen explained the request from the owner of the Shorewood Village Shopping Center to redevelop the property at that location had also included the request to vacate a portion of Maple Street. This portion of the roadway was being vacated to construct a turnaround area for emergency vehicle access and was agreed upon as a condition of this request. . Roger Nystande, 6080 Lake Linden Drive, stated he had been a Shorewood resident for the past 36 years. He questioned whether the City maintained Maple Street currently, and if so, would the City continue to maintain it after the redevelopment of the Shopping Center took place. Engineer Brown, responded the City currently maintained the street and would be maintaining the roadway to current levels after the project took place. Mr. Nystande also stated he was extremely disappointed in how the City Council had voted on the Cub proposal on June 10, as he believed the residents' wishes had not been represented. He also stated he believed the reports shared as part of the planning for this project to be inaccurate. Seeing no persons wishing to further comment on this issue at this time, Mayor Love stated the Hearing would remain open for additional comment after review of the next item on the Agenda. C. Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permits, and Final Plat - Shorewood Village Shopping Center Administrator Dawson explained the owner of the property at and around the Shorewood Village Shopping Center, together with CUB Foods, had proposed a 60,000 square-foot CUB Foods Store onto the west end of the existing shopping center. As such, this proposal provided part of the existing Driskill's grocery store would be removed, as would the building that housed Bayside Bank. He further explained the scope of the City's consideration was limited. He stated the Council must determine whether the project was consistent with the Comprehensive Plan, and whether the project met the City's development regulations, including sufficient measures for any off-site impacts. Administrator Dawson next reviewed the history of the planning process in this matter to current day. He stated the CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 4 of 10 Council could not intervene in the workings of the private marketplace to determine location of this proposal, nor consider the survival of a grocery store at this location. He stated the Council needed to consider the land use regulations and development standards involving an additional 60,000 square-foot retail development at this location, and the legal scope of the matter was whether there was consistency with the City's Comprehensive Plan at this shopping center. Mayor Love stated he had received numerous emails on this matter and entered letters from Mr. and Mrs. Alfred E. Lounsbury, 25990 Birch Bluff Road, and Ernie Brosch, Mary Lou Brosch, and Jennifer LaMora, 5860 Glencoe Road, into the record. Director Nielsen explained the proposed resolution included a development agreement for the proposed project. He briefly reviewed points of interest and clarified matters within the development agreementfor the Council. Mayor Love stated he had received a letter from Mr. Austin Kraft referencing a petition before the Environmental Quality Board (EQB) regarding this development project. Attorney Keane stated he had contacted the EQB offices this afternoon, noting a petition could not be found on file for the Shorewood . Village Shopping Center. He then reviewed the process that would be followed as part of this petitioned request of the EQB, noting the rules surrounding such a petition would obligate a period of time for determination of any adverse environmental effects. Austin Kraft, 6125 Rampart Court, explained he had submitted this letter of petition to the City, Mr. Taube, Supervalu, Inc., and the EQB. He stated he had sent the letter through certified mail, but had not yet received receipt ofthe letter from the EQB. Mayor Love encouraged Council to be mindful of the letter, noting actions could be conditioned if desired regarding this project. Councilmember Lizee questioned whether it would be necessary to request the applicant to consider waiving the statutory time limitations on the City regarding the planning process. Mayor Love explained there were options available for consideration in this matter, noting actions could be taken without needing to extend the deadline or could be conditioned on various issues of resolution. He further stated this was not a public hearing, noting a vast public record had been built in hearing residents comments regarding this matter; however, the Council would welcome any additional comments not yet heard. He reminded residents the Council was limited by the scope of the Comprehensive Plan . and its subsequent ordinances. There were no further comments by residents at this time on this matter. Councilmember Turgeon questioned the mandatory criteria of the Environment Quality Board regarding preparation of an Environmental Assessment worksheet (EA W). Attorney Keane reviewed the minimum thresholds for certain types of development. He then reviewed the various types of development cited and explained the petition process, noting the Council would consider if the potential existed for significant adverse environmental impacts and if so, could then require an EA W be prepared on the matter. Councilmember Zerby questioned the amount of money to be fined should infractions of matters within the development agreement occur as part of this project. Discussion ensued regarding the appropriate amounts of financial reparation for infractions of the conditions of the agreement. Director Nielsen stated a certificate of occupancy would not be issued until all fines were paid, and aspects of the development agreement met. He also stated noted many infractions of the development agreement were to be reported to the South Lake Minnetonka Police Department. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 5 of 10 Turgeon moved, Adopting RESOLUTION NO. 02-059, "A Resolution Approving a Comprehensive Plan Amendment, Conditional Use Permits, Site Plan, Preliminary and Final Plat for the Redevelopment of the Shorewood Village Shopping Center," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until July 22, 2002. Dave Sellergren, Attorney for the owner of the Shorewood Village Shopping Center, stated his client was in agreement with waiving the 60-day review period for this request. Councilmember Lizee seconded the motion. . Councilmember Turgeon stated $500 seemed reasonable for the amount of the fine for any infraction of the hours-of-operation and hours-of-construction ordinances. She explained it would be difficult to impose these same fines on a smaller development and was concerned for setting a difficult precedent in this case. Councilmember Lizee agreed. Councilmember Zerby stated he believed the fine for any infraction of the ordinance regarding hours of operation should be $1000. Mayor Love agreed, noting it was important to have high standards for conduct, and it was also important to provide clear direction of intent to enforce these issues. Attorney Keane noted this issue could be discussed and resolved through the ordinance amendment process. Attorney Sellergren reported his client, Mr. Taube, would be agreeable to further changes to the text in the development agreement, but would like to retain a deposit made as part of the acquisition process regarding the land acquired for right-of-way near the site in the Highway 7 and 41 intersection project. . Mr. Taube stated he had paid over $300,000 for the property acquired as part of this development project, and been compensated $78,000 for his property acquired by the City through the "quick take" process of right-of-way acquisition. He stated he was simply requesting he be allowed to retain that amount of money he believed was rightly his for the actions of the City in the acquisition process. Attorney Keane reviewed the history of the condemnation proceedings regarding this project. He then suggested two Councilmembers, Engineer Brown, Planning Director Nielsen, and the developer negotiate this matter and report back on that process at the next Regular City Council meeting. With the consent of the maker and seconder of the motion, the motion was amended to include $500 daily penalties in Sections 24 and 33 of the development agreement as well as a negotiating session comprised of two Councilmembers, Engineer Brown, Planning Director Nielsen, and the developer regarding the deposit received for land acquired through the condemnation proceedings on the site. This amendment also included a report on this matter of negotiation at the July 22, 2002, Regular City Council Meeting. Attorney Keane explained the developer's obligations, obligations of the development project, as well as the duties of the City's engineering department in this matter. Mayor Love commented the wording in the development agreement was very exacting regarding various obligations and infractions of specifications within the development agreement. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 6 of 10 Councilmember Lizee stated this proposal had involved a thorough discussion of land use issues by the Planning Commission and Council. She commended the Planning Commission for its lengthy dedication through the past years as well as explanations to the community for required actions taken in this case. She also stated she was a Shorewood resident and as such, held a vested stake in this issue similar to all area residents. She further explained as a Councilmember she was obligated to respect and uphold the City's Comprehensive Plan and ordinances. At its core, she explained, the role of the Council was to . review pertinent regulations, compare those regulations to the proposal set forth by the developer, and determine an appropriate course of action for the community based on the parameters of the governing regulations. She stated the City had worked tirelessly to do so, and she believed parameters had been met in this case. Motion passed 4/0/1, with the recusal of Councilmember GarfunkeI. Director Nielsen explained action was also required for an ordinance amending a section of the Zoning Code regarding the rezoning and designation of the residential property at the site of the proposed development project from R-1A, Single Family Residential, to C-3, General Commercial. . Zerby moved, Turgeon seconded, Adopting ORDINANCE NO. 388, "An Ordinance Amending Section 1201. 09, Subdivision 2. of the Shorewood Zoning Code -The Shorewood Zoning Map," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until July 22, 2002. Motion passed 4/0/1, with the recusal of Councilmember Garfunkel. Seeing no one present wishing to comment further on the matter regarding vacation of a portion of the Public Right-of-way of Maple Street, Mayor Love closed the Public Hearing at 8:58 P.M. Item 6B: Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-060, "A Resolution Vacating a . Portion of the Public Right-of-way of Maple Street," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until July 22, 2002. Motion passed 4/0/1, with the recusal of Councilmember Garfunkel. Mayor Love recessed the meeting at 8:57 P.M., noting upon reconvening the meeting Council would be providing consideration and discussion on Item 8B. Mayor Love reconvened the meeting at 9:12 P.M. Councilmember Lizee and Mayor Love stated they would be Council representatives for the negotiation session referenced in Item 6C of this evening's Agenda. Council then proceeded to Item 8B on the Agenda with the return of Councilmember Garfunkel to the Council Chambers. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 7 of 10 D. Setback Variance Applicant: Location: James Quandt 22425 Murray Street This item was moved to the July 22, 2002, Regular City Council Meeting Agenda. E. Setback Variance Applicant: Mark and Kathy Simanek Location: 25625 Wild Rose Lane . Director Nielsen explained the applicants had requested an after-the-fact setback variance for a covered porch added to the northeast comer of their home on a comer lot at 25625 Wild Rose Lane. He explained the porch was built without a building permit, and the existing house was nonconforming with respect to the side yard setback as it was only one foot from the right-of-way for Eureka Road, whereas 35 feet was required. Further, the house was only 16.5 feet from the traveled surface of the street. The porch measured 4' x 12', not including the stairway. He also explained there was no recommendation for mitigating setback deficiencies on one side of the house by increasing the setback on the other as the other side would be where future expansions should occur. He noted the Planning Commission had recommended approval of this matter at the June 4, 2002, Planning Commission Meeting. There were no questions by Council regarding this matter. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-057, "A Resolution Granting a Setback Variance to Mark and Kathy Simanek, 25625 Wild Rose Lane. Motion passed 5/0. 7. GENERAL There was nothing to report at this time. . 8. ENGINEERING/PUBLIC WORKS A. Authorize Mayor and City Administrator to Enter into an Agreement with MnDOT for Freeman Park Parking Lot Improvements Engineer Brown stated Staff had been working with the Minnesota Department of Transportation (MNIDOT) to complete the cooperative agreement for the Freeman Park access closure to Trunk Highway 7, and construction of a parking lot at the south end of Freeman Park. He noted the City was responsible for administering the construction of the parking lot and access closure for this project, and bids for the project were to be opened July 17, 2002. He estimated the construction cost of the project to be approximately $168,317 with compensation from MNIDOT of approximately $75,600. He also noted the City would not be compensating the Osha's for the portions of their property affected by this project, with the exception of improving upon that property. In response to Councilmember Lizee's question, Engineer Brown anticipated construction would be taking place in August and final landscaping taking place in September of this year. In response to Councilmember Turgeon's question, he explained a bituminous walkway would be constructed to allow emergency vehicles access to that area of the park. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 8 of 10 Zerby moved, Garfunkel seconded, RESOLUTION NO. 02-058, "A Resolution Authorizing the Mayor and City Administrator to Enter into an Agreement with MNDOT for Freeman Park Parking Lot Improvements." Motion passed 5/0. B. Authorizing Expenditure of Funds for Glen Road Drainage Repairs Engineer Brown explained for the second time in two months, the Public Works Department had been called to the Buranen residence located at 24735 Glen Road to clear an obstruction in the drainage system that served the property. This was necessary due to the high water condition in the rear of their property jeopardizing their residence. He further explained the tile line serving that area consisted of several pieces of tile and appurtenances extending from the subject residence, across the public right-of-way of GlenRoad, and along the east property boundary of24710 Glen Road. He further noted a letter had been received from the Buranen's requesting the City install a permanent remedy for the drainage system. Engineer Brown further explained aerial topography photos of the area in 1966 indicated the area prior to construction of the subject residence, was a detention area for water. Also, the existing drainage system was comprised of many parts, including a tributary area of 15.9 acres. The system on the Buranen . property was a "homemade" system and was broken on the upstream end. It was suspect that end of the system provided the entrance of dirt and debris into the pipe causing obstructions. In clearing the line initially, a temporary access pipe was placed on the property located at 24710 Glen Road until such time as a permanent structure could be located. In the second clearing of the line, a joint separation or partial collapse occurred in the pipe under the roadway structure. Additionally, the Buranen's contractor had installed shallow pipes to drain water from the back yard to the existing drain opening in the front of their property. This was done in conjunction with grading to construct a detention basin. Under any scenario, Engineer Brown stated, it was necessary to restore the pipe where the initial excavation was performed. In addition, exploration and repairs within Glen Road pavement would also have to be performed, with the closure of Glen Road for one day. Staff had reviewed the project and determined the most cost effective strategy to be installation of a manhole structure in this location, while the roadway was under excavation. Engineer Brown estimated the cost of this repair work to be between $10,000-$12,000. He also noted the question of long-term operations in this area. While the proposed manhole would provide access for jetting, he suspected the portions of the drain outside the right-of-way area were in disrepair. To date, he noted the City had been very clear these utilities were not built to a . standard that could be maintained, nor had proper utility easements been dedicated for such a utility. Diane Buranen, property owner, stated she had resided at this location for the past two years. She noted blockage of the pipe to be constant over that time frame, and requested involvement by the City for remedy. She stated in working to remedy the situation, it was discovered her property was receiving runoff from the Christopher Road development nearby. She stated the tile had collapsed and when the single working outlet was blocked, her property would flood. She noted various Councilmembers had seen the flooding firsthand. Councilmember Turgeon commented she had viewed the property after the rainwater had been standing in the area for a week, and she found the area to be pungent. She also stated once the outlet pipe was opened, and water allowed to drain normally, flooding was non-existent. In response to Councilmember Turgeon's question, Engineer Brown stated he was attempting to cure the problem in the public right-of-way and also for long-term solutions to the situation in the area. He expressed concern in that if the tile system were to collapse in any other area outside the right-of-way area, there was no access to remedy the problem. . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 9 of 10 Mayor Love stated he knew the problem dated back to the 1970's when residents were hesitant in granting the City drainage easements in that area. He suggested consideration be given to these easements in that area. Ms. Buranen stated she had removed obstructions on more than the two reported occasions, and thought the problem was under Glen Road. She believed the proposed solution would remedy the situation. Engineer Brown stated the existing system was inadequate to handle any events of rainfall, and had not been built to a reasonable standard in the past. Lizee moved, Zerby seconded, Authorizing Expenditure of Funds for Glen Road Drainage Repairs. Motion passed 5/0. C. South Concession Operation at Freeman Park . Administrator Dawson explained Council had requested information regarding the responsibilities and liabilities regarding operations by South Tonka Little League at the south concession building in Freeman Park. He then explained the history surrounding the construction and donation of the building to the City. Administrator Dawson then shared operating costs and responsibilities related to the building and concession stand on site. Further, he stated Attorney Keane had reviewed the situation and recommended an agreement be developed with South Tonka Little League addressing further issues of indemnification, insurance, operational issues of the facility within a City park, and delineation of rights and responsibilities of the parties. Clarification of numerous issues was presented by Staff regarding these issues. Mayor Love, with the support of Council, directed Staff to prepare an agreement with South Tonka Little League in accordance with the City Attorney's recommendations. 9. REPORTS A. Administrator & Staff . 1. Gideon Glen Administrator Dawson stated a status meeting was taking place next week with the Minnehaha Creek Watershed District staff to determine current status and support for the project. 2. County Road 19 Intersection Engineer Brown stated the concept plans prepared by the landscape architect were complete, and would be reviewed by the Park Commission on July 9, 2002. He also noted a project meeting was scheduled with Staff to review right-of-way issues and submitted parcels. 3. Christmas Lake Road Sewer (Metropolitan Council Project) Engineer Brown explained representatives of the Metropolitan Council would be replacing and repairing ruptured utility areas around and beneath Christmas Lake Road with construction taking place in August and September of this year. He stated residents were receiving notices of the repair, and steps taken to increase enforcement of road closure signs on the Radisson Road area nearby. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 10 of 10 B. Mayor & City Council Councilmember Lizee stated a great Fourth of July celebration took place in Excelsior this year, noting the joint efforts of the five South Lake Minnetonka cities as part of the success and fun for the day. She specifically thanked the Shorewood Public Works Staff and the tireless efforts of Don Rogers for their help in coordinating the activities of the day. 10. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of July 8, 2002, at 10:05 P.M. Motion passed 5/0. Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator .. . . PAYABLESAPPROVALS For 7/22/02 Council Meeting . (~riicw~ &!k- Prepared by: Catherine Elke~ ~ Acc/iountant Reviewed by: ~~ Bonnie Burton, Fi ce Director . wson, City Administrator Date: 7-/?-O;), Date: 1J8~2.- Date: 11!t; h :tr3A Check Approval List for 7/22/02 Council Meeting Check # Vender Name 33201 33201 Tii'i:;sd~Y:Jlily}8, 1'002 33202 33203 33203 33203 33203 33203 33203 33204 33205 33205 33205 33205 33205 33206 33207 33208 33208 33209 33210 33210 33210 33211 33211 33212 33213 33214 33215 33215 33216 33216 Description Check Date Invoice # US POSTMASTER PSTG 2ND aTR UTILITY BILLING US POSTMASTER PSTG 2ND aTR UTILITY BILLING TOTAL FOR US POSTMASTER GOVT FINANCE OFFIC CERTIFICATE PROGRAM FEE-FY 20 6/24/02 TOTAL FOR GOVT FINANCE OFFICRS ASSN ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 ABDO, EICK & MEYERS AUDIT SVCS/PREP OSA REPTIYE J 7/11/02 104711 TOTAL FOR ABDO, EICK & MEYERS, LLP AFSCME COUNCIL14 JULY UNION DENTAL TOTAL FOR AFSCME COUNCIL 14 ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC ARCTIC GLACIER INC TOTAL FOR ARCTIC GLACIER INC BROWNING FERRIS IN JULY SVC TOTAL FOR BROWNING FERRIS IND. C.H CARPENTER LUMB LUMBER-PARKS TOTAL FOR C.H CARPENTER LUMBER CHAMPION AUTO STO BELTIBEARINGS 7/11/02 D-146531 CHAMPION AUTO STO FAN BELT 7/11/02 D-147968 TOTAL FOR CHAMPION AUTO STORE #344 DAY DISTRIBUTING 7/11/02 177300 TOTAL FOR DAY DISTRIBUTING EDINA COURIERS LLC PUBLIC SAFETY SITE EDINA COURIERS LLC SEAL COAT EDINA COURIERS LLC WATER REPORT TOTAL FOR EDINA COURIERS LLC EXCELSIOR ACE HARD FASTENERS-WELL MAINT 7/11/02 521785 EXCELSIOR ACE HARD PARKS SUPPLIES 7/11/02 523480 TOTAL FOR EXCELSIOR ACE HARDWARE EXCELSIOR-CITY OF REGIONAL MCFOA MTG 7/11/02 TOTAL FOR EXCELSIOR-CITY OF G & K SERVICES TOTAL FOR G & K SERVICES MEMORY INSTALLATION TOTAL FOR GEEK SQUAD KEITH WATERS & ASS ESCR REF-5695 MERRY LN 7/11/02 KEITH WATERS & ASS ESCR REF-5720 MERRY LN 7/11/02 TOTAL FOR KEITH WATERS & ASSOCIATES LCEC COPIES 7/11/02 SMITHTOWN RD COPIES 7/11/02 TOTAL FOR KINKO'S 7/9/02 7/9/02 7/11/02 7/11/02 MB218008 7/11/02 MB218213 7/11/02 MB218214 7/11/02 MB218610 7/11/02 MB218909 7/11/02 06002-0200 7/11/02 455458 7/11/02 50476 7/11/02 50476 7/11/02 50476 7/11/02 062802 STM GEEK SaUAD 7/11/02 61575 KINKO'S KINKO'S :- ::'.~.:':.:::::":.._:\-":;.::"':'::"~..~':,::.~:.l:,~;: ..::':':::'..;:'::":::;i:::. .....:,;. ,on...'. : .. '" .......'."".......".....-"-..,--.."..,.,",.".". ....:._.h_._.......,:..._.._,....~,_..h...__U_._ ."...'p,.......,........'n.. .'.,^ ......,:.........".......;.0.."...;.....:. Amount $361.79 $241.19 $602.98 $350.00 $350.00 $904.00 $904.00 $931.62 $931.62 $931.62 $4,020.00 . $8,622.86 $270.20 $270.20 $75.00 $184.20 $48.00 $158.40 $69.60 $535.20 $50.24 $50.24 $104.97 $104.97 $8.51 $18.06 $26.57 $671.20 $671.20 $69.30 $19.70 $26.70 $115.70 $24.86 $10.19 $35.05 $25.00 $25.00 $458.92 $458.92 $115.56 $115.56 $2,000.00 $2,000.00 $4,000.00 $16.10 $111.29 $127.39 . . '^"'-P~g~"t~jl(l Description Check Date Invoice # 33217 Check # Vender Name 7/11/02 2849 33218 33219 33220 33221 33221 33222 33223 . 33224 33224 33224 33224 33224 33224 33224 33224 33225 33225 33225 33226 33227 33227 . 33228 33228 33229 33230 33230 33230 33230 33230 33230 33230 33230 33230 33231 33232 LIGHTLY EPICUREAN PARK COMMISSION MTG-6/11/02 TOTAL FOR liGHTLY EPICUREAN MCES, YOUTH PROGR JULY LIFEGUARD SVCS TOTAL FOR MCES, YOUTH PROGRAMS METRO SALES, INC. PRIPORT INK TOTAL FOR METRO SALES, INC. MINNESOTA DEPT OF 2ND QTR WATER CONNECTION FE 7/11/02 TOTAL FOR MINNESOTA DEPT OF HEALTH MN SUN PUBLICATION DISP OF PROPERTY-CHURCH RD 7/11/02 521099 MN SUN PUBLICATION MAPLE STREET- CUB 7/11/02 521100 TOTAL FOR MN SUN PUBliCATIONS MOTTER, BROOKE SEC 125 REIMBURSEMENT TOTAL FOR MOTTER, BROOKE NAVARRE TRUE VALU MAIL BOX SLOT TOTAL FOR NA VARRE TRUE VALUE QUALITY WINE & SPIRI 7/11/02 138687-00 QUALITY WINE & SPIRI 7/11/02 138688-00 QUALITY WINE & SPIRI 7/11/02 140625-00 QUALITY WINE & SPIRI 7/11/02 142869-00 QUALITY WINE & SPIRI 7/11/02 142869-00 QUALITY WINE & SPIRI 7/11/02 142870-00 QUALITY WINE & SPIRI 7/11/02 142908-00 QUALITY WINE & SPIRI 7/11/02 142908-00 TOTAl. FOR QUAliTY WINE & SPIRITS CO 7/11/02 7/11/02 7/11/02 7/11/02 2025 7/11/02 45389A 7/11/02 7/11/02 102535 QWEST QWEST QWEST TOTAL FOR QWEST REAGAN, JACK ESCR REF-6160 MURRAY CT 7/11/02 TOTAL FOR REAGAN, JACK SENIOR COMMUNITY S JUNE SVCS 7/11/02 SENIOR COMMUNITY S JUNE SVCS 7/11/02 TOTAL FOR SENIOR COMMUNITY SERVICES SHOREWOOD TRUE V PAINT 7/11/02 48954 SHOREWOOD TRUE V ENAMEL/BRUSH 7/11/02 48985 TOTAL FOR SHORE WOOD TRUE VALUE SO LK MTKA POLICE D BULLET PROOF VEST GRANT MON 7/11/02 TOTAL FOR SO LK MTKA POLICE DEPT SUN PATRIOT NEWSP DISPOSITION OF PROPERTY -CHU 7/11/02 221 SUN PATRIOT NEWSP MAPLE ST ROW - CUB 7/11/02 222 SUN PATRIOT NEWSP RICK BATESON CUP 7/11/02 236 SUN PATRIOT NEWSP LAKE FELLOWSHIP CHURCH VARIA 7/11/02 237 SUN PATRIOT NEWSP DVORAK SETBACK VARIANCE 7/11/02 238 SUN PATRIOT NEWSP MARLOW PETERSON SETBACK VA 7/11/02 239 SUN PATRIOT NEWSP AMEND TO SECT 1201.03 7/11/02 240 SUN PATRIOT NEWSP OHLAND INTERIM USE PERMIT 7/11/02 243 SUN PATRIOT NEWSP ORGANIZED REFUSE COLLECTION 7/11/02 244 TOTAL FOR SUN PATRIOT NEWSPAPERS INC THORPE DISTRIBUTIN 7/11/02 264764a TOTAL FOR THORPE DISTRIBUTING COMPA VERIZON DIRECTORIE 7/11/02 'fiiitrsda.'l;July^ Is, idOl ,_ ......,. ..m.......'.',....... . ,'.....,_^" ^_'.._,,,. :'c.~...~" Amollnt $68.11 $68.11 $1,115.10 $1,115.10 $212.07 $212.07 $1,559.00 $1,559.00 $39.32 $35.75 $75.07 $228.56 $228.56 $18.31 $18.31 ($1,260.21) $123.50 $1,227.07 $12.71 $1,079.55 $1,598.00 $52.62 $2,493.16 $5,326.40 $44.47 $89.30 $44.47 $178.24 $4,536.00 $4,536.00 $179.15 $266.25 $445.40 $24.48 $48.96 $73.44 $2,600.00 $2,600.00 $55.00 $48.13 $32.00 $33.83 $27.86 $27.86 $24.00 $27.86 $21.89 $298.43 $29.85 $29.85 $19.50 Description Check Date Invoice # 33232 Check # Vender Name 33233 33233 33234 33234 33235 33235 33235 33236 33237 33237 33238 33239 33240 33240 33240 33241 33242 33243 33243 33243 33243 33243 33244 33244 33245 33246 33246 33246 33247 33248 33248 33249 VERIZON DIRECTORIE 7/11/02 TOTAL FOR VERIZON DIRECTORIES CORP VIKING LAND TREE CA SR CTR STORM DAMAGE 7/11/02 2489 VIKING LAND TREE CA REMOVE HANGING TREE-WOODSI 7/11/02 2491 TOTAL FOR VIKING LAND TREE CARE INC VOGT HEATING & AIR REF PERMIT FEE-26080 BIRCH BLU 7/11/02 VOGT HEATING & AIR REF PERMIT FEE-26080 BIRCH BLU 7/11/02 TOTAL FOR VOGT HEATING & AIR COND WASTE MANAGEMENT JULY SVC 7/11/02 0322938-159 WASTE MANAGEMENT JULY SVC 7/11/02 0322939-159 WASTE MANAGEMENT JULY SVC 7/11/02 0322957-159 TOTAL FOR WASTE MANAGEMENT ANDERSON, KRISTI B. 1 ST HALF JULY SVCS 7/18/02 TOTAL FOR ANDERSON, KRISTI B. ARCTIC GLACIER INC 7/18/02 MB218708 ARCTIC GLACIER INC 7/18/02 MB218711 TOTAL FOR ARCTIC GLACIER INC AT&T 7/18/02 TOTAL FOR AT&T BERRY COFFEE CO TOTAL FOR BERRY COFFEE CO BROWN, LAWRENCE 1ST aTR 2002 EXP REPT BROWN, LAWRENCE 1ST aTR 2002 EXP REPT BROWN, LAWRENCE 1 ST aTR 2002 EXP REPT TOTAL FOR BROWN, LAWRENCE CARPET BLASTERS CLEAN CARPET TOTAL FOR CARPET BLASTERS CULLIGAN BOTTLED W 7/18/02 1027 TOTAL FOR CULLIGAN BOTTLED WATER EAST SIDE BEVERAGE 7/18/02 258778 EAST SIDE BEVERAGE 7/18/02 258781 EAST SIDE BEVERAGE 7/18/02 258782 EAST SIDE BEVERAGE 7/18/02 258782 EAST SIDE BEVERAGE 7/18/02 258858 TOTAL FOR EAST SIDE BEVERAGE COMPAN GOPHER STATE ONE-C JUNE SVCS 7/18/02 2060693 GOPHER STATE ONE-C JUNE SVCS 7/18/02 2060693 TOTAL FOR GOPHER STATE ONE-CALL, IN HENNEPIN COUNTY TR MAY ROOM/BOARD 7/18/02 582 TOTAL FOR HENNEPIN COUNTY TREASURER HERMEL WHOLESALE 7/18/02 362273 HERMEL WHOLESALE 7/18/02 362275 HERMEL WHOLESALE 7/18/02 362402 TOTAL FOR HERMEL WHOLESALE ICMA RETIREMENT TR PAYROLL DEDUCTIONS 7/16/02 7/18/02 302131-0716 TOTAL FOR ICMA REl1REMENT TRUST-457 KRIESEL, DREW PUBLIC WORKS CLEANING SUPPLI 7/18/02 KRIESEL, DREW REFILLS FOR SOAP DISPENSER 7/18/02 TOTAL FOR KRIESEL, DREW LEAGUE OF MN CITIES CODIFICATION CONTRACT OWN PY 7/18/02 1-00011412 7/18/02 294710 7/18/02 7/18/02 7/18/02 7/18/02 559165 ,..,.....--..--,.. ,.v.,......,...." ..............._.. .,..'.......,.......... _.. ^ ., .,.,,'~_ ... _.._....~...,M"..___..._..",...,.,."...,^.M m" '"""M, ........., ....... .,".......~,^:.._. "h'''':^'.'~'''''''^ TlIursday, July 18, 2002 .. ..... ...... "n'. ..........._.""'....,...c...............,._."'......".... ....., ,""... . ,'"".., .n ,....,;.....,_.~;._.:.."".'m....._.~.H....' n: Amount $19.50 $39.00 $7n.63 $566.25 $1,343.88 $3.00 $150.00 $153.00 $106.05 $229.14 $68.85 $404.04 $150.00 $150.00 $100.20 $101.40 $201.60 $20.98 $20.98 $22.00 $22.00 $53.24 $66.47 $213.15 $332.86 $1n.00 $177.00 $50.25 $50.25 $171.20 $3,474.20 $9.80 $5,422.15 $52.50 $9,129.85 $28.67 $28.68 $57.35 $635.50 $635.50 $659.20 $362.56 ($32.96) $988.80 $1,191.88 $1,191.88 $42.27 $47.18 $89.45 $500.00 . . .. .".._...:'.::'.':;<":;:;;,.':::"-;J.;.::',:..~ ... . __. ......... Page 3 of 10 Check# Vender Name Description Check Date Invoice # Amount TOTAL FOR LEAGUE OF MN CITIES $500.00 33250 LEEF BROS MATS 7/18/02 710188 $29.44 TOTAL FOR LEEF BROS $29.44 33251 LUGOWSKI, JOSEPH SEC 125 REIMBURSEMENT 7/18/02 $305.95 TOTAL FOR LUGOWSKI, JOSEPH $305.95 33252 MARLIN'S TRUCKING 7/18/02 11171/11205 $37.35 33252 MARLIN'S TRUCKING 7/18/02 11171/11205 $37.35 33252 MARLIN'S TRUCKING 7/18/02 11172/11206 $73.80 33252 MARLIN'S TRUCKING 7/18/02 11172/11206 $73.80 33252 MARLIN'S TRUCKING 7/18/02 11173/11207 $33.75 33252 MARLIN'S TRUCKING 7/18/02 11173/11207 $33.75 TOTAL FOR MARLIN'S TRUCKING $289.80 33253 MCLEOD USA 7/18/02 3794799 $90.60 33253 MCLEOD USA 7/18/02 3794799 $469.39 33253 MCLEOD USA 7/18/02 3794799 $155.56 33253 MCLEOD USA 7/18/02 3794799 $99.11 33253 MCLEOD USA 7/18/02 3794799 $99.08 33253 MCLEOD USA 7/18/02 3794799 $90.79 . 33253 MCLEOD USA 7/18/02 3794799 $45.30 33253 MCLEOD USA 7/18/02 3794799 $98.80 TOTAL FOR MCLEOD USA $1,148.63 33254 MEMPHIS NET & TWIN TENNIS CRT STRAPS 7/18/02 745318-00 $45.22 TOTAL FOR MEMPHIS NET & TWINE CO IN $45.22 33255 MIDWEST COCA-COLA 7/18/02 62942154 $122.70 33255 MIDWEST COCA-COLA 7/18/02 63222109 $334.19 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $456.89 33256 MINNCOMM PAGING 7/18/02 52006807029 $8.63 33256 MINNCOMM PAG.ING LB'S PAGER 7/18/02 68593107029 $280.19 TOTAL FOR MINNCOMM PAGING $288.82 33257 MINNESOTA STATE TR 2ND aTR BLDG PERMIT SURCHG R 7/18/02 $1,589.39 TOTAL FOR MINNESOTA STATE TREASURER $1,589.39 33258 MN BOARD OF AELSLA RENEW LICENSE-CITY ENG 7/18/02 $150.00 TOTAL FOR MN BOARD OF AELSLAGID $150.00 . 33259 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 7/18/02 $173.51 TOTAL FOR MN CHIW SUPPORT PMT CTR $173.51 33260 MN SUN PUBLICATION CUP - RICK BATESON 7/18/02 521102 $46.47 33260 MN SUN PUBLICATION VARIANCE-LK FELLOWSHIP CHURC 7/18/02 521103 $50.05 33260 MN SUN PUBLICATION DVORAK VARIANCE SETBACK 7/18/02 521104 $42.90 33260 MN SUN PUBLICATION VARIANCE SETBACK-PETERSON 7/18/02 521105 $42.90 33260 MN SUN PUBLICATION REGULATE INTERIM USE PERMITS 7/18/02 521106 $39.32 33260 MN SUN PUBLICATION INTERIM USE PERMITS-OHLAND 7/18/02 521107 $42.90 33260 MN SUN PUBLICATION ORGANIZED REFUSE COLLECTION 7/18/02 521108 $39.32 33260 MN SUN PUBLICATION SUMMARY FINANCIAL STATEMENT 7/18/02 521196 $1,530.10 TOTAL FOR MN SUN PUBLICATIONS $1,833.96 33261 NORTHERN WATER W MISC NUTS/BOLTS 7/18/02 3117490 $99.85 TOTAL FOR NORTHERN WATER WORKS SUP $99.85 33262 PAZANDAK, JOSEPH MILEAGE 7/1 - 7/12/02 7/18/02 $109.87 TOTAL FOR PAZANDAK, JOSEPH $109.87 33263 PERA PAYROLL DEDUCTIONS 7/16/02 7/18/02 $2,170.12 33263 PERA PAYROLL DEDUCTIONS 7/16/02 7/18/02 $2,353.04 TOTAL FOR PERA $4,523.16 Check # Vender Name Description Check Date lnvoice # Amount 33264 QUALITY WINE & SPIRI 7/18/02 144700-00 $443.37 33264 QUALITY WINE & SPIRI 7118/02 144701-00 $118.75 33264 QUALITY WINE & SPIRI 7/18/02 144702-00 $292.89 33264 QUALITY WINE & SPIRI 7/18/02 145128-00 $1,411.59 33264 QUALITY WINE & SPIRI 7/18/02 145129-00 $1,823.49 33264 QUALITY WINE & SPIRI 7/18/02 145130-00 $110.88 33264 QUALITY WINE & SPIRI 7/18/02 145130-00 $1,584.54 TOTAL FOR QUAUTY WINE & SPIRITS CO $5,785.51 33265 QWEST 7/18/02 $99.05 33265 QWEST 7/18/02 $261 .99 TOTAL FOR QWEST $361.04 33266 RIDGEVIEW BUSINESS REG FEE FOR OSHA 300 CLASS 7/18/02 $20.00 TOTAL FOR RIDGEVIEW BUSINESS HEALTH $20.00 33267 SO LK MTKA POLICE D COURTOT-APRIL-JUNE 2002 7/18/02 $181.25 33267 SO LK MTKA POLICE D SPEC TRAFFIC DETAIL-6/12/02 7/18/02 $934.95 TOTAL FOR SO LK MTKA POUCE DEPT $1,116.20 33268 STATE OF MINNESOTA DECALS FOR PW VEHICLES OVER 7118/02 $18.00 TOTAL FOR STATE OF MINNESOTA $18.00 33269 STATE OF WISCONSIN LICENSE RENEWAL-CITY ENG 7/18/02 $58.00 . TOTAL FOR STATE OF WISCONSIN $58.00 33270 SUPERIOR WIRELESS NEW CELL PHONE/HOLSTER - LAB 7/18/02 22725-0 $131.97 33270 SUPERIOR WIRELESS NEW CELL PHONE/HOLSTER - LAB 7/18/02 22725-0 $131.98 TOTAL FOR SUPERIOR WIRELESS COMM OF MN $263.95 33271 THORPE DISTRIBUTIN 7/18/02 265230 $12.85 33271 THORPE DISTRIBUTIN 7/18/02 265230 $3,471.70 33271 THORPE DISTRIBUTIN 7/18/02 265468 $24.35 33271 THORPE DISTRIBUTIN 7/18/02 265468 $6,447.85 TOTAL FOR .THORPE DISTRIBUTING COMPA $9,956.75 33272 VOGT HEATING & AIR REF PERMIT FEE-26080 BIRCH BLU 7/18/02 $3.00 33272 VOGT HEATING & AIR REF PERMIT FEE-26080 BIRCH BLU 7/18/02 $25.00 TOTAL FOR VOGT HEATING & AIR COND $28.00 33273 WM. MUELLER & SONS 7/18/02 62879 $1,094.87 33273 WM. MUELLER & SONS 7/18/02 62880 $219.80 33273 WM. MUELLER & SONS 7/18/02 62881 $218.16 . 33273 WM. MUELLER & SONS 7118/02 63004 $662.42 33273 WM. MUELLER & SONS 7/18/02 63302 $437.68 TOTAL FOR WM. MUELLER & SONS, INC. $2,632.93 33274 WORLD CLASS WINES, 7/18/02 121242 $365.00 TOTAL FOR WORW CLASS WINES, INC $365.00 33275 XCEL ENERGY 7/18/02 0031-505-16 $7.38 33275 XCEL ENERGY 7/18/02 0114-707-26 $14.76 33275 XCEL ENERGY 7/18/02 0196-307-66 $590.12 33275 XCEL ENERGY 7118/02 0198-208-36 $626.53 33275 XCEL ENERGY 7/18/02 0727-302-66 $306.21 33275 XCEL ENERGY 7/18/02 1300-208-10 $103.n 33275 XCEL ENERGY 7/18/02 1477-205-46 $466.23 33275 XCEL ENERGY 7/18/02 1692-607-26 $676.00 33275 XCEL ENERGY 7/18/02 1765-206-46 $32.28 33275 XCEL ENERGY 7/18/02 2052-902-66 $13.76 33275 XCEL ENERGY 7/18/02 2164-107-16 $7.55 33275 XCEL ENERGY 7/18/02 2270-109-36 $576.59 33275 XCEL ENERGY 7/18/02 2486-903-26 $28.71 5 of 10 Check # Vender Name 33276 33276 33277 33277 33277 33277 33277 33277 33277 . 33278 33278 33278 33278 33278 33278 33278 33278 33278 33278 33279 33280 33281 33281 . 33282 33282 33282 33282 33282 33282 33282 33282 33282 33282 33282 33283 33284 33284 33285 33285 33285 33285 33285 TOTAL FOR XCEL ENERGY ARCTIC GLACIER INC ARCTIC GLACIER INC TOTAL FOR ARCTIC GLACIER INC BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY TOTAL FOR BELLBOY BAR SUPPLY BELLBOY CORPORATI BELLBOY CORPORA TI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORATI BELLBOY CORPORA TI TOTAL FOR BELLBOY CORPORATION BEST ACCESS SYSTE KEYS TOTAL FOR BEST ACCESS SYSTEMS RENTALS TOTAL FOR BIFFS, INC. COMPUTER MANAGEM SHIPPING CHG FOR USQL CD 7/23/02 3933 COMPUTER MANAGEM INSTALL PACElGT'ON NEW FINANC 7/23/02 3934 TOTAL FOR COMPUTER MANAGEMENT SVC DAY DISTRIBUTING 7/23/02 182309 DAY DISTRIBUTING 7/23/02 182309 DAY DISTRIBUTING 7/23/02 182311 DAY DISTRIBUTING 7/23/02 182311 DAY DISTRIBUTING 7/23/02 182312 DAY DISTRIBUTING 7/23/02 182312 DAY DISTRIBUTING 7/23/02 183047 DAY DISTRIBUTING 7/23/02 183049 DAY DISTRIBUTING 7/23/02 183049 DAY DISTRIBUTING 7/23/02 183885 DAY DISTRIBUTING 7/23/02 183888 TOTAL FOR DAY DISTRIBUTING DEM-CON LANDFILL IN 2 LOADS CONST FENCING TOTAL FOR DEM-CON LANDFILL INC DEPT OF LABOR & IND STATE INSPECTION-PRESSURE TA 7/23/02 265978 DEPT OF LABOR & IND PERMIT-WATERFORD WELL 7/23/02 267075 TOTAL FOR DEPT OF lABOR & INDUSTRY EAST SIDE BEVERAGE 7/23/02 261221 EAST SIDE BEVERAGE 7/23/02 262848 EAST SIDE BEVERAGE 7/23/02 262848 EAST SIDE BEVERAGE 7/23/02 265131 EAST SIDE BEVERAGE 7/23/02 266160 Description BIFFS, INC. ,":",,""."; .,..... .. ",'" . ......... - - - ~ , Thursday, July 18, 2002 Check Date Invoice # 7/23/02 MB219310 7/23/02 MB219414 7/23/02 35764500 7/23/02 35764600 7/23/02 35764600 7/23/02 35772100 7/23/02 35781600 7/23/02 35781600 7/23/02 35795400 7/23/02 24079700 7/23/02 24079900 7/23/02 24121300 7/23/02 24121400 7/23/02 24121500 7/23/02 24162300 7/23/02 24162400 7/23/02 24162500 7/23/02 24162500 7/23/02 24162500 7/23/02 MN-258074 7/23/02 W164429-43 7/23/02 1504 . .: .: . 'n:.:" .:.;":.:', :..::,. ::~..::.,;':.:.... '~~':':',:.:...:.,:~:::;~,:'::~,:_., ::.~:,::,,~:: Amount $3,449.89 $55.20 $59.40 $114.60 $38.82 $48.01 $61.55 $56.84 $38.34 $56.01 $126.23 $425.80 $1,024.19 $30.54 $758.05 $431.00 $242.15 $92.00 $576.40 $26.28 $139.50 $308.00 $3,628.11 $12.28 $12.28 $772.86 $772.86 $21.30 $212.50 $233.80 $19.20 $1,270.45 $18.40 $1,808.85 $19.20 $1,210.70 $1,593.55 $1,260.35 $19.20 $111.58 $97.65 $7,429.13 $104.00 $104.00 $10.00 $10.00 $20.00 $3,464.60 $19.60 $2,900.35 $3,501.05 $9.80 ::.. : ::..... :.~._.., ,:::.: :.::...: ::::..::__" ::...f. Page 6 of 10 Check # Vender Name Description Check Date Invoice # 33285 33285 33285 33286 33287 33288 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 ~3290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33290 33291 33292 33294 33294 33294 33294 33294 33294 33294 33294 33294 EAST SIDE BEVERAGE 7/23/02 266160 EAST SIDE BEVERAGE 7/23/02 268803 EAST SIDE BEVERAGE 7/23/02 268824 TOTAL FOR EAST SIDE BEVERAGE COMPAN EXCELSIOR FIRE DIST 3RD aTR FIRE SERVICES 7/23/02 TOTAL FOR EXCELSIOR FIRE DISTRICT EXCELSIOR-CITY OF 2ND aTR OAK ST SIGNAL 7/23/02 TOTAL FOR EXCELSIOR-CITY OF GEEK SaUAD AUG CONTRACT 7/23/02 TOTAL FOR GEEK SQUAD GRIGGS, COOPER & C 7/23/02 562827 GRIGGS, COOPER & C 7/23/02 562828 GRIGGS, COOPER & C 7/23/02 562829 GRIGGS, COOPER.& C 7/23/02 563043 GRIGGS, COOPER & C 7/23/02 563044 GRIGGS, COOPER & C 7/23/02 563044 GRIGGS, COOPER & C 7/23/02 563048 GRIGGS, COOPER & C 7/23/02 563049 GRIGGS, COOPER & C 7/23/02 563057 GRIGGS, COOPER & C 7/23/02 563058 GRIGGS, COOPER & C 7/23/02 564263 GRIGGS, COOPER & C 7/23/02 564310 GRIGGS, COOPER & C 7/23/02 566235 GRIGGS, COOPER & C 7/23/02 566236 GRIGGS, COOPER & C 7/23/02 566238 GRIGGS, COOPER & C 7/23/02 566239 GRIGGS, COOPER & C 7/23/02 566249 GRIGGS, COOPER & C 7/23/02 566250 GRIGGS, COOPER & C 7/23/02 568830 GRIGGS, COOPER & C 7/23/02 568942 GRIGGS, COOPER & C 7/23/02 568946 GRIGGS, COOPER & C 7/23/02 568948 GRIGGS, COOPER & C 7/23/02 569157 GRIGGS, COOPER & C 7/23/02 569157 GRIGGS, COOPER & C 7/23/02 569161 GRIGGS, COOPER & C 7/23/02 569161 GRIGGS, COOPER & C 7/23/02 569167 GRIGGS, COOPER & C 7/23/02 569167 GRIGGS, COOPER & C 7/23/02 591242 TOTAL FOR GRIGGS, COOPER & COMPANY HARDRIVES,INC PV #7- TH 41/TH 7 7/23/02 TOTAL FOR HARDRIVES,INC HAWKINS WATER TRE 7/23/02 DM76257 TOTAL FOR HAWKINS WATER TREATMENT JOHNSON BROS uau 7/23/02 1422900 JOHNSON BROS uau 7/23/02 1422901 JOHNSON BROS uau 7/23/02 1422902 JOHNSON BROS uau 7/23/02 1422903 JOHNSON BROS uau 7/23/02 1422903 JOHNSON BROS uau 7/23/02 1422910 JOHNSON BROS uau 7/23/02 1422910 JOHNSON BROS uau 7/23/02 1423031 JOHNSON BROS LlaU 7/23/02 1425530 ,"" '" .,__......... ..." , '.m....",," ,., __...._.. u ....... _'.....nh.._"'.....'-..... .~......._...._.......~.._...M.._...h.....h..'._. .~_._..._.....^"."M:_.'... .... ..,. "w., :...,....,~"._........_. ...M_~"... Thursday, July 18, 2002 Amount $955.45 $81.60 $1,315.10 $12,247.55 $71,125.75 $71,125.75 $109.93 $109.93 $500.00 $500.00 $276.70 $170.85 $146.80 $349.44 $71.35 $1,441.20 $291.63 $469.57 $229.90 $437.60 $422.20 $106.46 $289.95 $3,748.43 $154.28 $3,303.71 $92.73 $2,871.86 $182.90 $67.55 $237.92 $143.10 $109.89 $866.29 $74.85 $855.27 $88.75 $902.20 ($62.43) $18,340.95 $158,033.62 $158,033.62 $80.00 $80.00 $92.20 $1,222.20 $951.40 $1,651.41 $28.95 $535.94 $906.44 $116.50 $448.35 . . Check # Vender Name Description. Check Date Invoice # Amount 33294 JOHNSON SROS L10U 7/23/02 1425530 $709.66 33294 JOHNSON SROS L10U 7/23/02 1425531 $85.00 33294 JOHNSON SROS L10U 7/23/02 1425532 $n. 70 33294 JOHNSON SROS L10U 7/23/02 1425533 $645.00 33294 JOHNSON SROS L10U 7/23/02 1425534 $808.08 33294 JOHNSON SROS L10U 7/23/02 1425534 $256.40 33294 JOHNSON SROS L10U 7/23/02 1425535 $827.10 33294 JOHNSON SROS L10U 7/23/02 1425537 $49.65 33294 JOHNSON SROS L10U 7/23/02 1425537 $694.91 33294 JOHNSON SROS L10U 7/23/02 1425538 $523.30 33294 JOHNSON SROS L10U 7/23/02 1428833 $29.99 33294 JOHNSON SROS L10U 7/23/02 1428833 $674.55 33294 JOHNSON SROS L10U 7/23/02 1428833 $979.32 33294 JOHNSON SROS L10U 7/23/02 1428834 $59.98 33294 JOHNSON SROS L10U 7/23/02 1428834 $1,228.94 33294 JOHNSON SROS. L10U 7/23/02 1428834 $1,600.90 33294 JOHNSON SROS L10U 7/23/02 1428839 $494.85 33294 JOHNSON SROS L10U 7/23/02 1428839 $1,650.04 33294 JOHNSON SROS L10U 7/23/02 1428839 $29.99 . 33294 JOHNSON SROS L10U 7/23/02 198059 ($131.70) TOTAL FOR JOHNSON BROS LIQUOR CO. $17,247.05 33295 MARK VII 7/23/02 427819 $1,050.90 33295 MARK VII 7/23/02 427831 $3,214.80 33295 MARK VII 7/23/02 427832 $58.50 33295 MARK VII 7/23/02 427836 $2,090.95 33295 MARK VII 7/23/02 427837 $12.45 33295 MARK VII 7/23/02 430286 $1,239.15 33295 MARK VII 7/23/02 430287 $56.35 33295 MARK VII 7/23/02 430304 $1,635.20 33295 MARK VII 7/23/02 430305 $12.45 33295 MARK VII 7/23/02 433059 $835.90 33295 MARK VII 7/23/02 433060 $21.95 33295 MARK VII 7/23/02 433061 $58.50 33295 MARK VII 7/23/02 433062 $22.00 33295 MARK VII 7/23/02 433070 $612.39 . 33295 MARK VII 7/23/02 433071 $37.35 TOTAL FOR MARK VII $10,958.84 33296 MARTIN MARIETTA AG SEALCOAT 7/23/02 8834389 $5,497.93 TOTAL FOR MARTIN MARIETTA AGGREGATES $5,497.93 33297 METRO COUNCIL ENVI AUGUST WASTEWATER 7/23/02 741414 $24,862.40 TOTAL FOR METRO COUNCIL ENVIRONMENT $24,862.40 33298 MUNITECH, INC. AUG SVC 7/23/02 7921 $2,975.00 33298 MUNITECH, INC. AUG SVC 7/23/02 7921 $5,525.00 TOTAL FOR MUNITECH, INC. $8,500.00 33299 OFFICE DEPOT 7/23/02 162282898-0 $146.98 33299 OFFICE DEPOT 7/23/02 175358308-0 $42.75 TOTAL FOR OFFICE DEPOT $189.73 33300 PAUSTIS WINE COMPA 7/23/02 193246 $641.00 33300 PAUSTIS WINE COMPA 7/23/02 193247 $1,248.00 33300 PAUSTIS WINE COMPA 7/23/02 193248 $565.00 TOTAL FOR PAUSTIS WINE COMPANY $2,454.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847853 $391.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847854 $90.00 Tlll;rsd~y;}i,iy i 8;2002... Check # Vender Name Description Check Date Invoice # Amount 33302 PHILLIPS WINE & SPIRI 7/23/02 847854 $115.75 33302 PHILLIPS WINE & SPIRI 7/23/02 847854 $435.55 33302 PHILLIPS WINE & SPIRI 7/23/02 847855 $443.45 33302 PHILLIPS WINE & SPIRI 7/23/02 847856 $33.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847856 $65.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847856 $1,021.60 33302 PHILLIPS WINE & SPIRI 7/23/02 847858 $150.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847859 $566.37 33302 PHILLIPS WINE & SPIRI 7/23/02 847859 $60.00 33302 PHILLIPS WINE & SPIRI 7/23/02 847859 $112.90 33302 PHILLIPS WINE & SPIRI 7/23/02 849735 $355.05 33302 PHILLIPS WINE & SPIRI 7/23/02 849736 $3,805.85 33302 PHILLIPS WINE & SPIRI 7/23/02 849739 $317.40 33302 PHILLIPS WINE & SPIRI 7/23/02 850313 $635.75 33302 PHILLIPS WINE & SPIRI 7/23i02 850314 $374.04 33302 PHILLIPS WINE & SPIRI 7/23/02 850315 $235.50 33302 PHILLIPS WINE & SPIRI 7/23/02 852140 $428.05 33302 PHILLIPS WINE & SPIRI 7/23/02 852140 $34.75 33302 PHILLIPS WINE & SPIRI 7/23/02 852140 $141.75 33302 PHILLIPS WINE & SPIRI 7/23/02 852141 $1,545.85 . 33302 PHILLIPS WINE & SPIRI 7/23/02 852141 $155.75 33302 PHILLIPS WINE & SPIRI 7/23/02 852141 $463.49 33302 PHILLIPS WINE & SPIRI 7/23/02 852143 $126.75 33302 PHILLIPS WINE & SPIRI 7/23/02 852143 $219.25 33302 PHILLIPS WINE & SPIRI 7/23/02 852143 $460.25 TOTAL FOR PHILUPS WINE & SPIRITS $12,784.10 33303 RUMPCA CO INC JUNE BRUSH DISPOSAL 7/23/02 $108.00 TOTAL FOR RUMPCA CO INC $108.00 33304 SAM'S CLUB 7/23/02 070202 $40.26 33304 SAM'S CLUB 7/23/02 070202 $354.56 33304 SAM'S CLUB 7/23/02 070202 $163.31 33304 SAM'S CLUB 7/23/02 070202 $133.48 33304 SAM'S CLUB 7/23/02 070202 $40.26 33304 SAM'S CLUB 7/23/02 070202 $25.71 33304 SAM'S CLUB 7/23/02 070202 $25.71 33304 SAM'S CLUB 7/23/02 070202 $25.70 . 33304 SAM'S CLUB 7/23/02 070202 $40.26 TOTAL FOR SAM'S CLUB $849.25 33305 SO LK MTKA POLICE D AUGUST MONTHLY BUDGET 7/23/02 $49,911.92 TOTAL FOR SO LK MTKA POUCE DEPT $49,911.92 33306 STERLING FENCE INC BAGS 7/23/02 18894 $13.10 TOTAL FOR STERUNG FENCE INC $13.10 33307 THORPE DISTRIBUTIN 7/23/02 266043 $46.00 33307 THORPE DISTRIBUTIN 7/23/02 266043 $903.70 33307 THORPE DISTRIBUTIN 7/23/02 266045 $456.05 33307 THORPE DISTRIBUTIN 7/23/02 266048 $11.50 33307 THORPE DISTRIBUTIN 7/23/02 266048 $5,170.95 33307 THORPE DISTRIBUTIN 7/23/02 266213 $85.20 33307 THORPE DISTRIBUTIN 7/23/02 266213 $2,521.00 33307 THORPE DISTRIBUTIN 7/23/02 266812 $2,444.95 33307 THORPE DISTRIBUTIN 7/23/02 266812 $24.35 33307 THORPE DISTRIBUTIN 7/23/02 267132 $34.50 33307 THORPE DISTRIBUTIN 7/23/02 267132 $2,050.05 33307 THORPE DISTRIBUTIN 7/23/02 267588 $12.85 ~n"".:....^._m..''''''''''''''_'_'___'_'';'''''''' ..__._",..:.._... ..._,....._ ...." ," "._ .:._ Thursday, Jt/ly 18, 2002 Check # Vender Name Description Check Date Invoice # Amount 33307 THORPE DISTRIBUTIN 7/23/02 267588 $2,052.00 TOTAL FOR THORPE DISTRIBUTING COMPA $15,813.10 33308 TONKA BAY-CITY OF AUGUST RENT 7/23/02 $1,175.00 TOTAL FOR TONKA BAY-CITY OF $1,175.00 33309 TOTAL PRINTING SERV INSPECTION NOTICES 7/23/02 2361 $180.07 TOTAL FOR TOTAL PRINTING SERVICES $180.07 33310 TWIN CITY WATER CLI WATER ANALYSIS-JUNE 7/23/02 8817 $60.00 TOTAL FOR TWIN CITY WATER CLINIC $60.00 33311 UNITED RENTALS-HT B WARNING SIGNS/CONES-TREE CT 7/23/02 435313 $n.75 TOTAL FOR UNITED RENTALS-HT BRANCH #229 $77.75 33312 US BANK GEN OBLIGATION WATER REV BON 7/23/02 00001415065 $14,510.00 33312 US BANK GO IMPROVE BOND-DTD 12/1/93 7/23/02 00001490675 $950.00 33312 US BANK GO WATER REV BONDS-DTD 11/1/9 7/23/02 00001492255 $29,092.50 TOTAL FOR US BANK $44,552.50 33313 WELLS FARGO BROKE SR CTR LEASE PYMT 7/23/02 824996MA7- $18,n1.97 TOTAL FOR WELIJS ["ARGO BROKERAGE SVCS LLC $18,771.97 33315 XCEL ENERGY 7/23/02 0074-000-16 $8.16 . 33315 XCEL ENERGY 7/23/02 0145-009-26 $15.07 33315 XCEL ENERGY 7/23/02 0191-308-36 $28.97 33315 XCELENERGY 7/23/02 0208-203-56 $91.48 33315 XCEL ENERGY 7/23/02 0234-748-37 $7.38 33315 XCEL ENERGY 7/23/02 0408-607-95 $88.02 33315 XCEL ENERGY 7/23/02 0615-308-36 $3.14 33315 XCEL ENERGY 7/23/02 0640-202-56 $12.13 33315 XCEL ENERGY 7/23/02 0675-505-16 $14.39 33315 XCEL ENERGY 7/23/02 0677-702-26 $672.85 33315 XCEL ENERGY 7/23/02 0942-567-36 $41.18 33315 XCEL ENERGY 7/23/02 1285-101-66 $18.64 33315 XCELENERGY 7/23/02 1350-001-36 $14.56 33315 XCEL ENERGY 7/23/02 1351-508-06 $702.Q1 33315 XCEL ENERGY 7/23/02 1440-708-46 $332.68 33315 XCEL ENERGY 7/23/02 1541-203-60 $7.46 33315 XCEL ENERGY 7/23/02 1564-303-36 $8.32 . 33315 XCEL ENERGY 7/23/02 1605-305-56 $104.26 33315 XCEL ENERGY 7/23/02 1641-408-36 $68.52 33315 XCEL ENERGY 7/23/02 1724-866-54 $83.82 33315 XCEL ENERGY 7/23/02 1732-704-10 $2,425.24 33315 XCEL ENERGY 7/23/02 1n6-835-20 $11.87 33315 XCEL ENERGY 7/23/02 2001-503-26 $21.17 33315 XCEL ENERGY 7/23/02 2095-300-56 $2,030.75 33315 XCELENERGY 7/23/02 2325-902-36 $25.14 33315 XCEL ENERGY 7/23/02 2397-003-96 $9.18 TOTAL FOR XCEL ENERGY $6,846.39 TOTAL CHECKS $5n,494.50 Thursday, July 18, 2ii02""''''---' PAYROLL APPROVALS . For 7/22/02 Council Meeting /). - CI~'1 Prepared by: l,(1IIJ2/'~r~ ~ Date:7-/J>--();J. Catherine E~e. S1 Acc~untant Reviewed by: ~ ~ Date: 1/r8~2--- Bonnie Burton, Fi e Director . Date: tJ1/goz wson, City Administrator . ., Payroll Register Check # Last Name First Name MI Check Amt Check Date 1645 BAILEY BOYD C 1,208.47 7/16/2002 1646 BURTON BONNIE M 1,807.44 7/16/2002 1647 DA VIS CHARLES S 1,094.34 7/16/2002 1648 EISCHENS JAMES E 813.37 7/16/2002 1649 ELKE CATHERINE M 770.24 7/16/2002 1650 FASCHING PATRICIA L 784.30 7/16/2002 1651 GARFUNKEL JOHN J 184.70 7/16/2002 1652 GROUT TWILA R 784.06 7/16/2002 1653 HIRSCH DANA M 89.98 7/16/2002 1654 JOHNSON DENNIS D 1,185.53 7/16/2002 1655 LIZEE CHRISTINE G 184:70 7/16/2002 1656 LUGOWSKI JOSEPH P 1,028.61 7/16/2002 1657 MASON BRADLEY J 1,096.20 7/16/2002 . 1658 MOORE JULIE K 175.94 7/16/2002 1659 MOTTER BROOKE A 655.68 7/16/2002 1660 NIELSEN BRADLEY J 1,027.23 7/16/2002 1661 PANCHYSHY JEAN M 1,097.35 7/16/2002 1662 PAZANDAK JOSEPH E 1,441.32 7/16/2002 1663 RANDALL DANIEL J 1,232.82 7/16/2002 1664 SCHMID CHRISTOPHER E 663.74 7/16/2002 1665 STARK BRUCE H 1,033.70 7/16/2002 1666 SWANDBY DONALD R 1,876.64 7/16/2002 1667 TOWER TERRY R 953.56 7/16/2002 1668 TURGEON LAURA 184.70 7/16/2002 1669 ZERBY MICHAEL S 184.70 7/16/2002 217362 ARNST CATHRYN E 75.92 7/16/2002 . 217363 BAILEY STEPHEN J 106.09 7/16/2002 217364 BAKER RICHARD M 120.57 7/16/2002 217365 BROWN LAWRENCE A 1,894.00 7/16/2002 217366 CARLSON ERIK M 595.06 7/16/2002 217367 DAWSON CRAIG W 1,678.14 7/16/2002 217368 DUFFY DAVID C 230.72 7/16/2002 217369 FIELD DALE F 512.70 7/16/2002 217370 FINK WILLIAM C 62.65 7/16/2002 217371 GRAHN SUZANNE M 48.25 7/16/2002 217372 HELGESEN PATRICIA R 1,378.10 7/16/2002 217373 HESSE ONA C 170.73 7/16/2002 217374 KLEIN JENNIFER S 199.32 7/16/2002 217375 LATTERNER SUSAN M 298.48 7/16/2002 217376 LOVE CLIFFORD W 222.15 7/16/2002 217377 MELCHER THOMAS J 104.70 7/16/2002 Thursday, July 18,2002 Page 1 of2 . . Thursday, July 18,2002 Page 2 of2 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: City COlIDCil '" i\. Craig W. Dawson, City Administrator CAJ Bonnie Burton, Director of Finance/City Treasurer July 18,2002 Approval of Interim Benefited-Employee Status for Planning Assistant ~ DATE: SUBJECT: . The City has two regular part-time planning assistant positions. The incumbents receive pro-rated leave benefits, but are not eligible for the City's contribution to insurance benefits as they do not regularly work at least 32 hours per week. (They may pay the full cost of insurance through the City.) One of the planning assistants, Pamela Helling, began a three-month maternity leave in early June. During this time the other planning assistant, Patti Helgesen, is working and is expected to work a full-time schedule. . It is not uncommon for part-time staff occasionally to work schedules in excess of 32 hours per week, and this type of schedule does not qualify them for the full range of benefits. It is different, however, when one is expected to work a schedule that would qualify for benefits for an extended period of time. These circumstances are not addressed in City policies. I contacted other cities' human resources staff, and they believed it reasonable if not legally required to extend the full range of benefits under these circumstances. Accordingly, it is appropriate to confer an interim benefited-employee status for Patti Helgesen, retroactive to June 17, 2002, and to last until she returns to her regular schedule. RECOMMENDATION: It is recommended that Planning Assistant Patti Helgesen be given interim benefited-employee status as discussed above. -#8f> n ~., PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us.cityhall@cLshorewCiod.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 17 July 2002 RE': Prehall, Margaret - Massage Therapist License FILE NO.: Central (Licenses) Margaret Prehall has applied for a license to provide massage therapy service as a home occupation at 4828 Rustic Lane. Her request letter and credentials are attached for your reVIew; . Ms. Prehall has paid the annual license fee and approval of the license is recommended. Please call me prior to the meeting if you have any questions. Cc: Craig Dawson Tim Keane Margaret Prehall ft t.~ PRINTED ON RECYCLED PAPER -It. 3.G. . . June 26, 2002 Bradley J. Nielsen Planning Director 5755 Country Club Rd. Shorewood, MN 55331 Dear Mr. Nielsen, Margaret E. Prehall D.b.a. Maggie's Lake Area Therapeutic Massage 19285 Hwy. Seven, Suite 1 Shorewood, Mn 55331 612-599-8292 I am requesting an application for a massage therapy license. I have received the paperwork from the city of Shorewood and am enclosing the pertinent information regarding my educational background. I am a past graduate of the Wayzata school systems. I have trained in the accredited Minneapolis School of Massage and Bodywork, and have received my certification. I have continued training through The Jennings Seminar Group for Myofascial treatment and release techniques, and have earned my certification. I have studied for three years the therapeutic use of essential oils through the Young Living educational and hands on seminars and have earned my certificates. I have over 800 hours of massage and bodywork education. I am presently finishing my training for Myoskeletal Alignment Techniques from the Erik. Dalton, Ph.D.. Freedom from Pain Institute. I have professional insurance coverage through ABMP. I offer hours of service from 10:00 AM to 7:00 PM on Mondays and Wednesdays. From 8:00 AM to 5:00 PM on Tuesdays. Other times are by appointment only. I look forward to serving my community in this valuable field. Sincerely, Margaret (Maggie) E. Prehall CMT & MFR meeAPGU71 c "" ft:SSPrt$~ Lf Ct::.)..JS6' CITY OF APPLICA TION SHOREWOOD 575& COUNTRY CLUB ROAO . SHOREWOOD. MINNESOTA 6&331 . (6121474-3236 PLANNING AND PROTECTIVE INSPECTIONS {Please Print or Typel SITE Owner: Address: Lot: Block: Subdivision: . APPLICANT Name: A-1 JtI2.. c:; A-e..€T f;.. (> Re-HA-L.L Address: lJBZ8 RIJ.s.n'c tdA\( (Street) t;; Xc...&- L5 r {) 12 , (City) BUSlNESS NAl\1E: "-'Ftc:, b.1~ I;, L1+KE Al<.12/f hJ 4SS .46G' iHc6-I2Aj);CJ'I'elephone:( (.?t d-) SClq- s ;)-'1;}- Mailing Addr:ess: lfA 2.8 1'<..11.5 Ti'-c... \J Jf.\. 'f ~)(C€l oS, 0 R.. I H;.J $ -3 31 Telephone:(,=, (:> ) 5'19- 8'2. c:; 2 HAl (State) 5S3J I (Zipcode) TYPE OF BUSlNESS TO BE CONDUCTED: (also answer questionnaire on reverse side) . . -=t1t€-r2. Ap tvTt c. H A-S .s;r6 IE In signing this application, I hereby acknowledge that I have reviewed Section 1201.03, Subd. 12 (Home Occupations) of the City Code and understand the General Provisions and Req of the type of home occupatio rmit for which I am applying. Signature of applicant: z...Q....:........:. .....::. ..:: ;.;. I ImJ Minneap.olis School of Massage and Bodywork, Inc. 81 Lowry Ave. NE. Minneapolis,MN 55418 6127888907 Student Transcripts Printed on: 11-Apr'()2 Start Date: 7/10/01 LOA: 4/5102 Name: Prehall,Margaret E Address: 4828 Rustic Way Phone: 9524749789 SSN: 469600561 City: Excelsior Last Program: State: MN Zip'Code: 55331 Therapeutic Body Wellness . Course 10 Course Title Units/Hrs Grade Module Start Date 1100000 Basic Therapeutic Massage 36 A 7/10/01 711AOOO Anatomy and Physiology I 48 B 7/10/01 110COOO Basic Therapeutic Massage CliniclLab 15 A 8/8/01 5100000 Communications and Boundaries 16 A 8/9/01 1300000 Pressure and Release Points 28 A 8/23/01 611AOOO Massage Related Business 32 B 8/28/01 130COOO Pressure and Release Point CliniclLab 15 A 9/14/01 6210000 Massage Related Ethics 8 A 9/18/01 ..----- ~----_. 160AOOO Connective Tissue and Physiology 20 A 10/2/01 2110000 Basic Structural Assesment 28 B 10/2/01 160CAOO Connective Tissue and Physiology Clinc/La 15 A 10/17/01 721AOOO Anatomy and Physiology II 52 B 10/23101 1700000 Swedish Massage Techniques 24 B 10/25/01 170COOO Swedish Massage Techniques Clinic/Lab 15 A 11/14/01 2210000 Body Wellness Deep Tissue Strokes and B 56 B 11/15/01 521 AOOO Intuitive Awareness and Advanced Commu 32 A 12/13/01 ---.. 221COOo Body Wellness Deep Tissue Strokes and B 30 A 1/16/02 151AOOo Pre and Post Natal Massage 16 A 1/22/02 2410000 Body Wellness Injuries Testing and Treatm 48 A 1/22/02 731AOOo Anatomy and Physiology 11\ 24 A 2/5/02 120000E CPR 4 A 2/5/02 241 COOo Body Wellness Testing, Injuries and Treatm 27 A 3/1/02 630AOOo Charting and Insurance Billing Methods 16 A 3/5/02 8100000 History of Massage 12 A 3/5/02 125000E First Aid 4 A 3/6/02 -~-- 9000000 Integrated Technique's Critique / Exit Intervi 5 A 4/5/02 . :; Key: A: Excellent B:Good C:Satisfactory 0: Below Average F:FaIlINC:WiIl change to F if work not completed in 6 weeks TRA:Transfered from other school LOA:Leave of Absence TOU:Tested Out RPT:Class has been retaken ~ 11-Apr-D2 Date Registrar QI~rtifitat:e of JI nsurant~ OCCURRENCE COVERAGE ABMP In-Dues UabUity Program @ INSURED MAIUNG ADDRESS: Associated Bodywork & Massage Professionals and individual Members in Good Standing 1271 Sugarbush Drive Evergreen, CO 80439-9766 POUCY#CL 480100018-1 EVANSTON INSURANCE CO. PRODUCER: Midwest General Agency AGENT/BROKER: Midwest General Agency MASTER POUCY EFFECTIVE DATE: 9/1/2000 Coverage afforded to Individual members by this policy Is applicable for a period of 12 months 'from the date the member is added by endorsement or until t~ indivldu!,-I member's l:overage Is cancelled or they cea,;e to be an adM~ member of the as,;oclatlon. . ~ . '=' ". .:."'~ ":"r ~. .:" '-." ", . LIABILITY UMITS (permember) , .' '.' ,. ," ... .." COMMERCIAL GENERAL LIABILITY, \:'. GENE~'i\Gci~GATJ;:~~;..........................................................$3.000,000 .:x'~0~~i~~"i\~w'::;i~~I~tl1\1If~?'::\.:.~~~::~::~~~::::::~:~:~~13:E COVERAGES THIS IS TO CERTIFY THAT THE POUCY OF.INS REQUIREMENT. TERM OR CONOmON OF ANY BY THE POUCY DESCRIBED. HEREIN IS SUBJW ICYAV AILABLE UPON REQUEST ($10.00 CHA~. .~:; .Is .certlflcate Is Issued as a matter .ollnlon~. is certificate does not amend, extend, or ait .. (303) 674-0859 ~ertlflcate DOES NOT provide the named certificate holder. Each . .~ membership Inception date to the ',it . ERlOD INDICATED, NOTWITHSTANDING ANY OR MAY PERTAIN, THE INSURANCE AFFORDED :lIE BEEN REDUCED BY CLAIMS PAID. COPY OF POL- SURED: (with Inception Date) CERTIFICATE HOlDER (Active Registerlf!d Members are on file with the ABMP Membeish'l . Member Name: Membership I.D.. # Loyal Member Since: Membership/Policy Term 'Expiration: . Issue Date: Margaret E. Prehall ,682746 . March 29,2002 March 28, 2004 March 29, 2002 Authorized Representative C,\NCEJ.LATlON: Should the above described policy be canceUed before the expiration date thereof. the Issuing company will endeavor I" mall 10 days written notice lor non payment or 30 days written notice lor any atm.... rcasonlu the certllicate holder named ahove, butlailure to mall such notice shall hllp"'" no ohligatlon or lIablllty of any kind upon the company, Its agents or representatives. Per form ME 009 (4/99) o PrinJed on recycled stock. flI200J ABMP Rev. 11/01 HOME OCCUP A TrON PERMIT CITY OF APPLICA TION SHOREWOOD 676& COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 6&331 . ISU1474.3238 PLANNING AND PROTECTIVE INSPECTIONS (Please Print or Typel SITE Owner: A-c~; ()R- UI4-I.cGIH'ZFf c;.' - peEft11-ti L:/82c\ Q U-STi' c fA /CZ( ~I J Address: Lot: Block: Subdivision: . APPLICANT Name: A..I A-J?:g A-f2 ~r 6: I P I2E: I-f A-t' ( Address: /8 2 ?:j /< USTic tl )tP VI ~tr~ ' C' ,:. (.. ~- -sAt:)jeE- c.JWO (City) Telephone:( bid--) )79 -- f3;;-C; d- J..-I ft....J '(State) s"S'3~ j (Zipcode) BUSINESS NAl\'IE: I /1./ 1169,'6 5 J-A-Kc' ARt/9 1J11T5S~E 7l"f(;/?)p/(:: S Mailing Address: -18 2b l<-I/.Sn'~ tA..,J/t--'7 Telephone:( bId- ) 57'1,....C3n~ . TYPE OF BUSINESS TO BE CONDUCTED: (also answer questionnaire on reverse side) It? n:s -5 f:)-Cj (-- 11"/- C;\k:/;J..-o/t=:--:S I c....J..F-!. In signing this application, I hereby acknowledge that I have reviewed Section 1201.03, Subd. 12 (Home Occupations) of ~:mC~~~:.and understand the General Provisions and ~ <be ~ ~on permit for which . Signature of applicant: . ,'-::;:> U c- ~Ii. ~/ . . .. HOl\1E OCCUPATION QUESTIONNAill.E 1. What amount of light glare, noise, odor or vibration might the home occupation produce? .1.10'-/(;""" 2. What, if any, type of equipment will be used in the home occupation? fY)/TSSA-66 '~LE 3. I' What percentage of your house will be used for the home occupation? Xotp" . C>~ 0106 ecol'h 10 X t.;). 4. Will any internal or external alteration or COI.1struction of the house be required as a result of the home occupation? NO 5. Where will equipment or materials used in the home occupation be stored? OF n+e fA) A- C,.c...OS&T OF C"f'lj'r..:- ' ~Q0~ 6. J=s there any signage planned for'the home occupation? , NO 7. What are the hours of operation?' / tJ : ()o /tI'-1 - 6 ; 00 P/l1- AtJ.L) 0).)1-'1, 6 Y' MPbtN7/Y1etJT 8. Where will parking of vehicles in conjunction with the home occupation be provided for on the premises? (attached copy of site plan or survey) fA...! /frlme iY2/UC-::1-r/i9r 9. How many outside employees will there be on the premises? tC/o,ue 10. Will the home occupation require the use of any accessory buildings on the premises? 110 11. How many clientele will there be on the premises at any given time? otJ6 t \ f CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator ~ July 18, 2002 . DATE: SUBJECT: Report by Tom Skramstad, Shorewood Representative to the LMCD Mr. Skramstad will be presenting his thirdly or quarterly report to the Council of the activities of the Lake Minnetonka Conservation District at the July 22. Council meeting. A summary of his report is attached. . #511 n \,~ PRINTED ON RECYCLED PAPER ~ I <' . To: City of Shorewood From: Tom Skramstad, LMCD Representative Subject: LMCD Newsletter Date: July 17th, 2002 1. "Hiah Water Declaration": A "High-Water Declaration" was made on Tuesday, 7/16/02. LMCD Code requires this declaration when the Lake elevation either reaches 930.25', or stays above 930.0' for eight consecutive days. Lake levels have been at or above 930.0' since Sunday, 7/6/02. During a "High Water Declaration", it is unlawful for a watercraft to operate at more than a minimum wake in the following regulated areas: Emerald Lake, Libbs Lake, Seton Lake, St. Louis Bay, Black Lake, Coffee Cove, Big Island Passage, Robinsons Bay, Tanager Lake, Forest Lake, Carsons Bay, Excelsior Bay, Priests Bay, St. Albans Bay, Grays Bay, Stubbs Bay, and Jennings Bay. In addition, a minimum wake is to be maintained within 600' from any shoreline on the rest of the Lake. A minimum wake means the wake moving out from a watercraft and trailing behind in a widening "V" is not of sufficient size to affect other watercraft or to be detrimental to the shoreline (no . more than 5 M.P.H.). Communication of this information was accomplished by: -faxing information to LMCD member cities -faxing information to many news and government agencies -installing signs at all major boat launch ramps -distributing flyers to most marinas, so they could assist in getting the word out In order to terminate the "High-Water Declaration", lake levels need to fall below the 930.0' and remain below for three consecutive days. Lake level readings are taken by the Minnehaha Creek Watershed District at a point near the Gray's Bay Dam, and then communicated to the LMCD. During times of very high water, these readings are taken daily. 2. Motorized watercraft amendment: The LMCD Board passed an ordinance amendment on June 26th that restricts the use of motorized watercraft on Six Mile Creek (in Halsted's Bay), Painter's Creek (west of County Road 110 in Jenning's Bay), and Long Lake Creek (North of the railroad trestle in Tanager Lake.) Under this ordinance, electric trolling motors must be used to navigate these creeks until reaching the more navigable parts of the Lake. . Grandparenting existing homeowners' prior usage of motorized boats was not part of the amendment approved. Special buoys/signs will be ordered for these areas. 3. Water Patrol Deouties: Two additional deputies were added to the Water Patrol during the summer of 2001, thanks to funding provided by Hennepin County, LMCD member cities and local businesses. Both the Sheriff's department and the LMCD feel that the additional deputies made a solid and positive difference (as detailed in the letter sent to member cities on March 1,2002.) The 2002 program is being run with generally the same schedule and funding formula as in 2001. The LMCD is continuing to work with the Hennepin County on funding for 2003 and beyond. 4. Solar Liahts on Buoys: In March, the LMCD Board authorized the purchase of solar lights to be installed on the following red and green navigational channel buoys for the 2002 season as a pilot project: 1) both ends of the Arcola Bridge and the immediate area of the western part of Smiths Bay leading from the Arcola Bridge, 2) both ends of the Narrows Channel, and 3) the southeast side of Spray Island on the western section of E. Upper Lake. The solar lights were installed in May, with a press release coordinated with the Water Patrol for educational purposes. Preliminary feedback on this pilot project has been encouraging. 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E 8 ~ 3': T""" o o N . .... >- .eco UJ::2: "E .5 o - (,) 3': ~~ 1\1>- '0 ..c C "0 ~.~ t;:: :::l 0C'" U~ ::2: !a -I"" Q)U> :S~ '0.0 :t:ffi "0 ..c :::lE co 0) ~E I-Q) ..c .. +-' =0 "C - :::I+-' <(55 (iUJ .u ~ ~ ~ .5 en u. .~ - 0.. ~8 c"o c C <(m 0; ~O Q)U ~::2: ;>-1 0Q) Q)..c E+-' o - ..c~ U>"O COQ) c> 0;:: e COo.. Eo.. +-' m . co"O~ :Sco.. Q)cog .... - 0.. ~.sQ) c"O-ro Q) :m .1:: 00- 0.. -;;;Ee .-..c 0.. UJ:::lo.. :cUJco 1-J9Q) . 5:S >->-0 coco..... ~-..... Q)Q)C "O:sm 5:S ~ .sa.~ co UJ>-~ Q)o..:m ~EQ) Q)8- (,) 0.. =- :::l ~ -en 3: (,)50 .g== Q)m.e o..:E"O E..UJ ffi E:::l ~ "0 (,) C _O:::l 0"00 +-' Q) -- :00..>- ffi E co :::l (,) "ffi E 'a. :::l....>- CQ)+-' C..c~ co (5 co Q)"O UJ ..cCC I-mO "en= :!::co.. "Co~ :::1= X <( .~ 0) .:.=(,)>- Co) 0 C o en co C~::2: o - . ..... C! "0 (.) oS ~ ~ ~ ';-; ..... ..... ..s:::: .sa ~ 'Ci) ..c ~ UJ b U ::2: -I Q) ..c I- eD cu 11. .a 3! - - 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: City Council Craig W. Dawson, City Administratore!> July 18,2002 TO: FROM: . SUBJECT: Presentation by The Legacy Foundation On May 13,2002, Michael Reichert gave an introductory presentation regarding a newly-formed comri1unity organization, The Legacy Foundation. This foundation's goal is to adopt significant lake- area projects that enhance its livability. It has made The Commons in Excelsior a focus of its efforts, and the Council asked that the Foundation return to give an informational presentation on its concepts and plans for The Commons. The Legacy Foundation is considering several improvements to The Commons, including: remodeling and adding to the park's existing structures; reconfiguration of the resident, visitor, and commercial docks; and a lake shore walk that may include shoreline restoration. . Mr. Reichert and Bob Weiss will be present to provide the Council an overview of these and related projects at The Commons. c: Michael Reichert Bob Weiss Pat Arnst #5B n '0." PRINTED ON RECYCLED PAPER The Legacy Foundation- Giving to the Lake Minnetonka Area Article Contributed by the Legacy Foundation Bringing the Lake Minnetonka area communities together to develop, rede- velop and improve the area's assets was the catalyst for the formation of The Legacy Foundation. The foundation became reality after four area business people shared their vision for projects that benefit Lake Minnetonka, regard- less of municipal boundaries. Lake Minnetonka is surrounded by 14 cities. Many of those communities are small and lack the financial ability to undertake projects that will benefit resi- dents of the larger lake area. Recognizing this, The Legacy Foundation hopes to provide the mecha- nism for the larger community visions to become reality. While the foundation was officially incorporated in August 2001, it has already made a presentation to the Excelsior City Council for its first proj- ect: financing enhancements and upgrades for The Commons of Excelsior. The foundation has received unanimous approval from the Council to "explore concepts to improve and enhance The Commons in Excelsior." As the foundation moves forward with developing the concept, it will work with residents in sharing ideas that are amenable to the community. The pro- posal also includes a component funding ongoing maintenance, once the project is complete. Improvements to The Commons being considered by the foundation include: remodeling and adding to the park's existing structures, reconfiguration of the resident, visitor and commercial docks, and a lakeshore walk that may include shoreline restoration. To finance the project, the foundation's organizers hope to raise funds from individuals and corporations. The Legacy Foundation intends to extend its efforts to all fourteen lake area communities and views the "Commons" endeavor as the founda- tion's first objective. Board members are investigating the concept of a series of public docks around Lake Minnetonka to provide improved visitor access to the business districts bordering the lake, and a possible trail system for hiking and biking around the lake, among other community-wide concepts. For more information about The Legacy Foundation contact 952-401-1260 or visit the web site, which will go online soon at www.thelegacyfoundation.net. The Legacy Foundation VISION: By 2010 create a genuine Lake Minnetonka community where local jurisdictions and residents routinely work together to develop, re-develop and improve the Lake area's assts. MISSION: Adopt significant lake area . projects that enhance its livability by providing the leadership, vision and abil- ity to marshal the diverse resources available. In addition, coordinate the necessary inter-jurisdictional approvals and support that are necessary for suc- cessful completion of each endeavor. "ON THE LAKE>> is a quarterly publication of the Lake Minnetonka Association, P.O. Box 248, Excelsior, MN 55331 ISSUE 2002:2 · JULy 2002 HOW TO CONTACT THE LMA The LMA has new contact information and a new web site. Please make note of these num- bers and addresses. Also, check out our web site and feel free to suggest additional information. Phone Number: ........... .(952) 470-4449 Fax: ................... .(952) 470-8034 E-Mail: ......... .Minnetonka@Mnlakes.org Web Site: . . . . . .www.mnlakes.orglMinnetonka We need your support. The LMA must be a player in the cooperative efforts to keep zebra mussel and other nasty exotic species out of our lake. See Dick Osgood's front-page article for details. ............ The LMA kicked off the Exotic Species Fund last month with an aggressive goal of raising $100,000. While the contributions we received were gratifying, we fell short of this goal and are not yet able to match the LMCD's funding of a pilot boat inspection program. We are committed to this program because we believe it is the most effect way to protect Lake Minnetonka. On a brighter note, the LMA has again this year is a 'top tier' sponsor of the Excelsior Area Chamber of Commerce's Fourth of July event. Of course our contribution comes from the generous support of many of the LMNs mem- bers and friends (we'll publish a 'Thank you' list in our Fall newsletter). The LMA is proud to help sponsor the fireworks and the other activities of the day's events and contribute to the celebration of our nation's independence. I hope we can all spend some time on our beautiful lake this summer. As you do, please remember the good work of the Lake Minnetonka Association. ~t9~ Mitch Olson SUMMER 2002 . PAGE 2 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM . SUBJECT: Request for Funding, Friends of the Southshore Center The Friends of the Southshore Senior/Community Center are raising funds to develop a maintenance escrow fund of $20,000 for future maintenance and repairs. The Friends are requesting $1,000 from the City of Shorewood. If the Council wishes to make this contribution, funds are available in the Council's Contingency. The Friends are also planning a 5-year anniversary celebration of the building on September 16. A representative of the Friends is expected to be present at the Council meeting. . -#5C ft ~J PRINTED ON RECYCLED PAPER Craig Dawson, City Administrator City of Shorewood 5755 Country Club Road Shorewood MN 55331 July 17,2002 Dear Mr. Dawson, The South Shore Senior/Community Center is preparing to celebrate the fifth birthday of the building in which Shorewood assisted in the construction costs. The Friends of the South Shore Senior/Community Center is planning a gala celebration throughout the week of September 16th. A variety of programs and events are being planned for this "Artful Aging" Celebration culminating . in a fund raising gala dinner Saturday evening. The celebration has a two fold purpose. The first purpose is to involve as many residents of our community as possible in the celebration and the second is to raise funds that will help develop a maintenance escrow fund of $20,000. Members of the City Council may recall the newly formed Friends of the SouthShore Senior/Community Center came before Shorewood more than seven years ago requesting a contribution for the bricks and mortar of the construction costs. Additionally, Shorewood was generous in donating the building site for the center. The Friends accepted the responsibility to manage and provide for the operation costs of the SouthShore Center. The Center has been self sustaining through building rental revenue and fund raising activities of both the Friends and the fundraising efforts of the seniors themselves. However, just as Shorewood considers capital improvement issues, the Friends consider it prudent now to develop an escrow fund for future maintenance repairs and replacements. I am hopeful the City of Shore wood will be able to make a one time $1,000.00 contribution to the maintenance escrow fund. The Friends would be pleased to list the City of Shorewood as a . sponsor in printed materials of this celebration. The cities ofTonka Bay, Excelsior and Greenwood have agreed to contribute to the maintenance escrow fund. Deephaven will consider the request at the August 5th meeting of its council. Your contribution would carry on the commitment made more than five years ago that Shorewood does regard the needs of its senior residents with support and recognizes the vitality of the Center. The first year in the building 625 senior residents were served. In 2001, over 1,200 seniors were actively involved in the Center's activities and programs! Projected demographics indicate the number of senior residents in the area will continue to grow. Please understand this is not to disregard the ongoing support Tonka Bay has provided to the program costs requested annually by Senior Community Services. We look forward to answering any questions or concerns you may have. Thank you for your thoughtful consideration. Sincerely, Jan Gray A Friend of the SouthShore Senior/Community Center ". 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: Park Commission FROM: Brad Nielsen DATE: 8 July 2002 RE: County Road 19 Streetscape Concept FILE NO. Streets - County Road 19 . Earlier this Spring the City Council directed the Planning Commission to prepare a corridor study for County Road 19 ,between the ShorewoodITonka Bay border and the ShorewoodlExcelsior border. The corridor study is to serve as a guide for future development along County Road 19 as well as for public improvements along the corridor. ' Mr. George Watson, a landscape architect with Brauer and Associates was then subcontracted to prepare "streetscape" plans for the upcoming County Road 19 intersection project. Since the intersection will set the tone for the rest of the corridor, Mr. Brauer was asked to expand his work, at least the concept portion, to the entire corridor. The result of his work to date is the attached concept plan. This plan has been reviewed by the Planning Commission and the LCEC. The LCEC' s input was focussed on landscaping along the corridor, particularly the Gideon Glen property. Mr. Watson was specifically directed to address pedestrian circulation in the area near the intersection. Since trails are of particular interest to the Park Commission, we are forwarding the Concept Plan to you for your review and comments. 'It should be noted that Mr. Watson began with the City's Trail Concept Plan, which had previously been recommended by the Park Commission for inclusion in the Shorewood Comprehensive Plan. For the most part, the attached plans are consistent with the Comp Plan. There are, however, three new areas for which trails are n ~J PRINTED ON RECYCLED PAPER 1f~D proposed that need to be discussed. First, the access to the Gideon Glen conservation site is proposed through the American Legion property. This has been discussed previously by the LCEC and is intended to take advantage of an existing parking facility. The intent is to not encourage pedestrian traffic to cross County Road 19 (e.g. if people park at Smithtown Crossings). Obviously this will take cooperation between the City and the Legion. The second area is a trail extending from County Road 19 to the LRT Trail through the new public safety facility site. While some type of connection may be desiraQle, the Public Works Director and the Police Chief are concerned about security at the rear of the new building and the adjoining public works facility. Finally, the consultant recommends a trail through Badger Park to connect with County Road 19. This is strictly internal to the park and Park Commission input is requested on this element. . With respect to the sidewalk system adjacent to the proposed revised intersection, space and MSA funding will likely dictate the width and material for the trail. As you are aware, MSA funding allows bituminous trails, eight feet wide or concrete trails, five feet wide. Due to limited space within the right-of-way, concrete is likely to be the only option. The attached plans will be discussed at the Park Commission's 9 July meeting, at which time your comments on the trails, as well as the landscape elements are invited. Staff would like to present the plans to tl)e Council at its 22 July meeting. If you have any questions relative to this material, please,do not hesitate to contact me Tuesday afternoon at 952-474-6558. . Cc: Craig Dawson Larry Brown COUNTY ROAD 19 STREETSCAPE PROJECT CONCEPT PLAN CITY OF SHOREWOOD 'PR!PAIUD IV. BRAUER & ASSOCIATES, I.TD. 10411 J:XCfLS1011 BOUI.l!VA1l1), SUiTS 1 HOPKINS, MINNESOTA55343 PHONT:: (952)238.0831 !lAX: (952)238-0833 . . ~ ~ EXISTING GIDEON . MONUMENT : . . . GIDEON GLEN SIGN / .. WETLAND REHABILITATION . INTERPRETIVE DISPLAY I I I I j : / / I I I ./ / I // /./ II /' i ! ~ ---~ / [('!/ /~:.ti"~l._\ \) ~ ilC' ///1"';" i 1 /' // i '" 1/ (..,..! r- t:~' ,< ' ~~~':~ ,~~ ' SHOREWOOD ENTRANCE SIGN ".", q::::'," / . j . A ('..,.r" --.-......'. .....- \' i I / -/ \ y- /' D )1 . i! ! ! ; lV j , \., 'Iit -'- --..,' ./ ,..i ;~ ri 'I :- i .,. "..... \ i'r-",,') I ,; I I }' ( f \ I I J i i 1,,,.__"'" / ! . .) t.. i\.____... 'i BADGER FIELD \ :" LAND USE KEY _ COMMERCIAJ.,I RETAIL I I PUBUC Iti.','.!::/.i' MULTI-FhMILY RESIDENTIAL Ih,.<>.,.r.1 SINGJ.,E FAMILY RESIDENTIAL . . . I . . . . . .................. ...... .-' ........ ..-.--- .....----....----..--... ~~~..~~"-~.~ .' ..~~-- r-'~ t~-"'.'v,.- i 6'MIN. IrR.o.w. ( r HARDY NATIVE Pl.,ANT SP.ECIES AT SO'lC. OPACITY MIXTURE OEl HARDY- NAl'IVE EVERGREEN & DECIDUOUS SPECIES 4'l\IUN. SHOREWOOD CI1Y STANDARD 42" DECORATIVE "- MASONRY SCREEN WALl. PARKING AREA CONCEPT PLAN KEY _ PEDESTRIAN ROUTES EXISTING & CURRENTLY I'J.,ANNED . .. PEDE~"TRIAN ROUTES PROPOSED 11~[ijnmilii!mIMm,~ CRJ;ATE GREEN SCREENING 11:.;,!\ii,:;::,':::ig:'i:?:/:j\;:',il SHOREWOOD YACHT CI;UB SHOREWOOD ENTRANCE SIGN GARDEN PATe 24' MIN. 3' 9' ROADWAYl 3' MIN. WITII _ = y50% OPACITY ,. MIN. --- j STRUCTURAL SCREEN . FOR SCRE.ENING OF COMMERCIAl. PARKING LOTS WHERE "F.SS THAN 24' AVAIl.ABLE FOR GREEN SCRE.EN . MINIMUM 10' REQUIRED . ARTICULATION OF MASONRY DESIRABLE GREEN SCREEN MINIMUM REQUIREMENTS . MINIMUM 24' REQUIRED - MAY INCLUDE R.O.W. BEHIND CURB AS AUTHORIZED BY AGENCY RESPONSIBLE FOR R.O.W. COUNTY ROAD 19 STREETSCAPE PROJECT ENLARGEMENTS & ELEVATIONS CITY OF SHOREWOOD rkt1'.ARUl'IVI BRAUER & ASSOCIATES, L TO. 10417 liXCF.T.STOR llOUUVARD, SU1T.F.1 HOPKINS, MlNNIlSO'rA S53~ PHONE: (952)138-0831 \lAX. (9S2)138-0833 . ~} l<i LIGHT --l ')" f' RECESSED WALL SEGMENT WITH HARDY NATIVE SHRUBS, VINES AND PERENNIALS PILASTERS , ,\/'" \\ I I \ I "'o) ...-""'\ ELEVATION 'e' SCALE: 1" = 10' " ", ~-' ~.." \ '>. \ ,.1 ........ . ", i ;' // ...~ .../ . .~. ....- " ,- I ,/' .._01" ..:: ':'.~:.:: .'" / ..~,,,, RECESSED WALL SEGMENT WITH HARDYNATM SHRU~S" VINES AND PERENNIALS' "", .... 8' WIDE SIDEWALE: ", ALONG ROf\DWAv . ~.- ...,.- ",." ,.'"\ .'" ~ ~,/., ....--...---- :.t-- -----(( 0"'..-" ...... \ '> - \ -~:~":-.----- ....,., .....:'.-..-..... -"", \. -------~...~_.-- __.:..~~____--4:<~, ------'-~ i I _-------.. .1 i ~'" ~".. PLAN ENLARGEMENT & ELEVATION OF RETAINING WALL (TYPICAL) . SCALE: 1" = 10' CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY JULY 9, 2002 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DRAfl Chair Arnst called the meeting to order at 7:02 P.M. A. Roll Call Present: Chair Arnst, Commissioners Palesch, Bartlett, Callies, Young, and Meyers; City Engineer Brown; Planning Director Nielsen; and City Council Liaison Zerby . Absent: None B. Review Agenda Chair Arnst requested that items #5B, 7, and 8C all be removed from the evening's agenda. In addition, Chair Arnst added 4E, a report regarding the status of the one-way signs at Freeman Park and a separate item 4A, a report with regard to the water fountain discussion at Freeman. Meyer inquired why items 5B, 7, and 8C were to be removed. Chair Arnst indicated that the draft agreement that she had asked to have included in the packet was not there for her to discuss with the Commission. Palesch moved, Bartlett seconded, to approve the Agenda as amended. Motion passed 6/0. . 2. APPROVAL OF MINUTES A. Park Commission Minutes of June 11, 2002 Meyers moved, Palesch seconded, Approving the Park Commission Meeting Minutes of June 11,2002, as presented. Motion passed 6/0. 3. MATTERS FROM THE FLOOR Chuck Jewell, 23770 LaTonka Drive, Shorewood, voiced concern over the lack of quality tennis courts in Shorewood. As one of 1500 members of Senior Tennis throughout Minneapolis, Mr. Jewell criticized the lack of regulation quality facilities in Shorewood. As a resident, who plays three times a week in Eden Prairie, he would like to be able to play in his hometown. Mr. Jewell stated that playing in Shorewood is impossible since the nets have no center strap to maintain the regulation height of36". The nets he has measured vary from 337/8" to 35", which is #6A PARK COMMISSION MEETING MINUTES July 9, 2002 Page 2 of 11 substantially under regulation height and can make an enormous difference to competitive players. Because Eden Prairie, Chanhassen, and Shakopee are consistently at 36", and have a center strap, the Senior Tennis Group is forced to play these courts rather than Shorewood. Mr. . Jewell stated that he has had conversations with Craig Dawson and Engineer Brown regarding his concerns and wanted to make his point to the Park Commission as well. He indicated that he has even supplied the City with Center Straps and offered to install them and the anchors if that is an issue. As to the vandalism that Engineer Brown has referred to, Mr. Jewell pointed out that even Excelsior has invested in updating and resurfacing their tennis courts. He maintained that many seniors in this area would love to play here if the facilities matched the UST A requirements. In fact, he stated that the Tennis Store in the strip mall has gone out of business since most competitive players go elsewhere. He offered the analogy, that basketball games cannot be played with 9' tall baskets, they need to match regulation height requirements in order to be legitimate, much like tennis. Mr. Jewell reiterated that he would be more than willing to help the City install the straps and hoped his public opinion would make a difference. Meyer asked what staffs' response to Mr. Jewell's suggestions were. . Mr. Jewell stated that Mr. Dawson had said they are working on it. Mr. Jewell asked if this was truly the case, had the Park Commission been made aware of these issues staff was working on. Meyer stated that the Commission was not aware of the suggestions. Palesch thanked Mr. Jewell for his valuable opinions stating that during recent park tours discussion regarding tennis court usage arose. The Commission believed the courts were not being used; now with Mr. Jewell's perspective, it is clearer why talented people don't use the courts. Mr. Jewell pointed out that even with the new resurfacing at Cathcart, the City has once again neglected to install center straps or anchors. Chair Arnst said that it was good to hear from Mr. Jewell. Over recent months, as the park master plans have been evaluated the concern has been over who is using the parks and why or why not. She thanked Mr. Jewell for his input and stated that he had provided good information to the Commission. . After Mr. Jewell departed, Zerby questioned why the center strap and height regulation issues have not been addressed before. He asked ifMCES uses the courts for lessons. Brown stated that MCES does use the courts and the City has not heard any complaints from users other than Mr. Jewell. With regard to the anchors, Brown indicated that installing them is notas simple as pounding them in. Installation requires the City to jack hammer through the PARK COMMISSION MEETING MINUTES July 9, 2002 Page 3 of 11 court, pour a foundation to place the anchors in, which in turn, exposes those areas to moisture etc. He added that he did try to explain to Mr. Jewell that vandalism occurs when the anchors are not properly installed. Callies was sympathetic to tennis clubs, stating that if the courts do not live up to the necessary regulations and offer a proper place to play, that explains why they are not used. Zerby agreed, and questioned why the need to meet regulations for tennis should be any different than those for basketball. Brown indicated that staff would check with some of the facilities Mr. Jewell had mentioned and find out how they address these issues. 4. REPORTS . A. Report on City Council Meetings of June 24 and July 8, 2002 Zerby reported that the sunset date for the LCEC was extended during the June 24 City Council Meeting. The July 8 City Council Meeting included the approval for the Highway 7/Freeman Park closure and began the bidding process. Zerby added that approximately $75,000 in relief would be provided for that proj ect. . Zerby reported that discussion took place with regard to the South Tonka Little League (STLL) concession building. Constructed per a CUP in 1993 and later donated to the City in 1996, Zerby stated that there is no formal operating agreement between the City and Park Commission. Furthermore, Zerby stated that the City has had no key or access to the building or its contents, while still covering the insurance on both during this time. The City Council and City Attorney's position is that an agreement with South Tonka Little League be developed that addresses the insurance issues, indemnification, operational issues of the facility in a City Park, and delineation of rights and responsibilities of the parties. Staff was directed to research a lease arrangement and concessionaire permit, providing a report at the next meeting. Chair Arnst asked if any inspections of the building had ever occurred, since ultimately, the City could be held responsible for what occurrs within this operation. Brown indicated that, to his knowledge, no inspections have occurred since the building inspection of 1993. Zerby stated that no one has been in the building other than a recent visit by the health inspector, who checked it out and found many invalid items. PARK COMMISSION MEETING MINUTES July 9, 2002 Page 4 of 11 Brown reported that the issue is in the hands of the Minnesota Department of Health, whom he expects will be taking action soon. Brown stated that the inspector was adamant about taking action. Chair Arnst asked if the City or staffhad spoken to STLL or told them any of this information. Brown stated that they had not. Meyer believed it to be the City's responsibility to do so and questioned why they had not informed them. Brown stated that the City does not have authority in this case. The MN Dept. of Health has been notified and they will take action accordingly, as no operating agreement is in place yet, the STLL is an unlicensed concessionaire. Callies stated that shutting the concession stand down seemed pretty abrupt and believed more . should be done in order to avoid a public relations nightmare. Young argued that unless the City is facing issues of liability, they should not be moving aggressively to shut them down. Zerby pointed out that the City could be held liable and needs to clearly define the relationship with STLL by getting the necessary paperwork completed. Young maintained that the timing for this could easily be deemed as somewhat spiteful, since the City has been limited on what they are allowed to sell at their concessions. Palesch asked when the City plans to inform STLL of the issues. Brown stated that the City is waiting for the MN Health Dept. to make their move before they get . any further involved. Brown indicated that he had spoken briefly to Gordon Lindstrom, a representative of STLL, and had told him that the health inspector was giving the City a hard time and that STLL concessions would likely be their next contact. Meyer asked whether it might be respectful, and in the City's best interest, to contact STLL first with news of what is happening. Chair Arnst suggested that a phone call from Craig Dawson would be appropriate. She also pointed out that the issues could be in the paper since reporters were present at the Council meeting. Zerby stated that the Council merely questioned the origination of the operation to begin with, and then wanted to clear up liability issues and manage the paperwork. . . PARK COMMISSION MEETING MINUTES July 9, 2002 Page 5 of 11 Bartlett asked ifSTLL is aware ofwhat's wrong with the operation at all or if they are oblivious to the issues altogether. He asked if this would come as a big surprise'to them. Brown felt'that the City did not have authority to get involved since the state and county health departments make the rules. They serve a necessary purpose, looking out for the health and welfare of the public. We do not have City inspectors in Shorewood. Young questioned if City Health Departments are superceded by the State. Chair Arnst indicated that, in some Cities like Minnetonka, who have their own health departments, they will allow certain things that the state may question. She stated that one source told her that some of the Hennepin County Inspectors have pushed way above the limits with their interpretations of what concessionaires should be doing. Brown explained that, originally, the concessions fell under the purview of the State Health Department, whose responsibilities have now been transferred to the County Health Department. With the transfer of power, it seems they have gone well beyond what they feel is required or necessary. Chair Arnst asked for further comment. Seeing none, she stated that, hopefully moving forward in the future, when the City enters into agreements with people"the necessary paperwork gets filed right away in order to avoid cleaning up the mess it creates nine years later. With regard to the July 8 meeting, Zerby concluded that the Christmas Lake Road sewer project might temporarily impact contact with the access. B. Report on Eddy Station Concessions Brown reported that the new concession is operating at a loss. He questioned the reasoning for the inclusion including items such as rent and utilities in the spreadsheet. Many factors have hindered success, the first being weather, and second, the fact that the concessions does not have the products . to sell that were anticipated. He explained that, up until recently, the City had not been informed when cancellations occurred due to weather and the concessions had been needlessly staffed. Jeff Bailey, of Girls softball, suggested staff look into treat tickets, like Bennett Park, to avoid some difficulties. Brown added that a $900 commercial cooler was not reflected in the numbers and at this point they do not offer a pretty picture. Meyer stated that she had not expected to see a positive cash flow within the first two weeks of operation. Chair Arnst asked if staff is in contact with organizations regarding the scheduled make up games and practices. Brown indicated that an effort is being made to coordinate the make-ups. PARK COMMISSION MEETING MINUTES July 9, 2002 Page 6 of 11 Young questioned why rent was listed on the spreadsheet at all. Brown stated that it was Council's original intent to include all costs, real or not, to ensure success. C. Report on Cub Food Park Fees Brown explained that sizable developments are required to donate Park Fees, and with that introduced Nielsen to expand on the Cub development. Nielsen stated that the City Council had approved the Shorewood Village Shopping Center development, which designates 8% of the new land value, or approximately $27,000 to Park Fees. This one time windfall should be received within the next 30 to 60 days. Nielsen also reported that the developer had agreed to put in the trail for Lake Linden Drive. Likely to be placed on the west side of the road with a crossover near the proposed neighborhood monument, a feasibility study is underway. Nielsen added that the new bituminous trail is viewed as a mitigating factor for the additional traffic. Palesch asked if neighbors were aware of the trail. . Nielsen stated that anyone who has followed the process or seen the papers knows what's going on. Brown indicated that while drainage may be an issue later, potentially running down the trail, WSB will have a first draft to review after July 19. Chair Arnst suggested putting the Lake Linden Trail review on the August Agenda. D. Report on Skate Park Sign Brown reported that the sign had been ordered and takes from 6 to 8 weeks for delivery. He believed the sign would be up by the next meeting date. E. Report on One-Way Signs at Freeman Park . Brown indicated that the one-way signs had been ordered and asked the Commission if it was their desire to install them. He reminded the Commission that the loop is counterclockwise and asked them, based on what they saw at the park tour, if that was acceptable. Palesch stated that, based on what she had seen and what people have told her, citizens want this to be a one-way access to ensure safety. Brown stated that the lot is wide enough to support two-way traffic. Chair Arnst suggested posting the signs on a trial basis to see if they help to untangle the north parking lot. With regard to the access closure, Young stated that earlier on he had gotten the impression that PARK COMMISSION MEETING MINUTES July 9,2002 Page 7 of 11 MnDOT would not jump on board or fund the closure without neighbor support. He asked if that issue had been resolved. Brown stated that everything is in order for the closure to continue and it is expected that the neighbor issues will be resolved before any dirt is moved. . . 4A. Proposed Water Fountain at Freeman Park Chair Arnst explained that during the Freeman Park Tour, Ken Dallman, of the Park Foundation, had discussed the idea of installing a drinking fountain around which the bricks from the buy a brick effort would be laid. Chair Arnst stated that while many opinions were expressed, no direction was given with regard to Dallman's suggestion and she asked for further clarification of the Commissions position. . Callies stated that she was not interested in an outdoor fountain. Bartlett concurred, especially, if the Park Commission had to pay for it. Brown indicated that they had given Dallman and the Park Foundation a cost estimate of $9,000 for the installation. There was further talk regarding seniors and what would attract them to the park facilities. Meyer stated that there is no interest in a $9,000 fountain, when money needs to be used to pay down the construction of Eddy Station in the first place. She encouraged staff to relay to the Park Foundation that the Commission does not want them to pursue this option. Palesch suggested incorporating the bricks into stopping points with benches along the proposed walking trails. This would provide an opportunity to grow as bricks are sold.. . While Meyer empathized with the Park Foundations desire to create a central focus to sell their bricks, she could not support any expenditure of funds in order to sell more bricks. Brown reminded the Commission that they have not yet even met with the seniors to determine if an outdoor fountain is desirable in the first place. Chair Arnst asked Brown to contact the Park Foundation to relay the Park Commission's position regarding the fountain. 5. . PARK MANAGEMENT A. Discussion of Progress in Development of Park Management Job Description and Direction to Staff PARK. COMMISSION MEETING MINUTES July 9, 2002 . Page 8 of1i Chair Arnst asked Brown if any progress in the development of the Park Management job description had been made. Brown stated that staff has begun putting together requirements and responsibilities based on what they've seen from other parks and organizations. He expected to have a draft for the next Park Commission meeting for review. Chair Arnst asked if it would be possible to schedule discussion of the job description on July 23rd, following the meeting with The Ponds senior residents. Chair Arnst asked whether the job description would include any aspect of managing the concessions. Brown believed this would remain in house. Meyer inquired over the possibility of the park manager handling the scheduling of the concession workers since they will know when games are happening. Brown felt that could be determined later. B. Discuss and Consensus for Equity Policy for Scheduling in 2003 . Review Policies from Other Cities . Define Criteria for Development of Policy and Direction to Staff . Removed from the Agenda. 6. COUNTY ROAD 19 LANDSCAPE (planning Director Brad Nielsen) A. Consensus on Design Nielsen shared some background with regard to the public service facility and the redevelopment of the intersection. He pointed out that both the Tonka Bay Shopping Center and American Legion will be redeveloped some time in the future. Nielsen complimented the City Council and Planning Commission for having the foresight to commission a whole corridor study in an effort to coordinate design elements in Shorewood. While . it is the goal of the City to see construction begin this year, Tonka Bay needs to make a decision with regard to their liquor store operation. George Watson, of Brauer and Associates contracted by WSB, designed the expanded corridor proposal addressing landscaping, retaining walls, and pedestrian circulation. Nielsen explained the proposal and how these aspects are all tied to the future improvements and current plans of Shorewood. While space and MSA funding will dictate much about trails and sidewalks, Nielsen asked for Park Commission comments regarding the design. According to the proposal, Nielsen pointed out that the sidewalk along the shopping center is suggested for the west side of the road, in Tonka Bay. With regard to the trails near Gideon Glen, Nielsen stated that the LCEC did not support the idea of a loop since the trail is intended for interpretive or educational purposes. He mentioned that parking to allow access to Gideon'Glen PARK COMMISSION MEETING MINUTES July 9, 2002 Page 9 of 11 through the American Legion lot would be addressed later. In the design, Watson suggests a trail run behind the public works and public safety facility which connects to the LRT. Nielsen indicated that there is skepticism regarding this link. Other questions, such as trail access to Freeman Park and LRT access along Timber Lane need to be addressed as well. Zerby inquired over the potential of under grounding the trail near the public works facility. Nielsen stated that this is a costly solution; however, could be a long-term goal. Chair Arnst noted that in their trail planning process, the Commission viewed the shoulder along 19 as a bike lane. Nielsen asked for direction and pointed out that time is critical ifhe is to be able to present to Council on July 22, 2002. . Zerby felt that a trail behind the public safety facility with a tunnel under 19 made the most sense to him. However, if a tunnel was not feasible, Zerby felt a crossing there would be unacceptable. Chair Arnst agreed, stating that if money were no object, a tunnel would be most desirable. Brown maintained that it would be a lengthy and costly process to change the plan that dramatically at this point. Nielsen stated that, realistically, the funding for a tunnel would not be available, and the City would have to foot the bill entirely. . Zerby proposed staff discuss the vacant lot behind the legion as a potential trail access to Gideon Glen. . Meyer asked if the Gideon Glen trails would be intended for bike usage. Nielsen indicated that the Gideon Glen trails would be meant only for pedestrian traffic. In fact, the Gideon G1enecosystem is precious, and the City would like to confine people to the trails and boardwalks only. Chair Arnst questioned the need for trail access out of Glen Road. Nielsen stated that the segment she was referring to was unlikely going to happen and would be removed from the draft as well. Nielsen asked if there was consensus among the Commissioners to support the trail along 19 on the east side near this section. All agreed. Nielsen pointed out that very high retaining walls near the shopping center would be necessary and asked if 6 foot or 8 foot sidewalks would be more desirable. PARK COMMISSION MEETING MINUTES July 9,2002 Page 10 of 11 Callies stated that 8' would be favored, but the Commission could accept 6' if that was necessary. Brown pointed out that, in addition to the sidewalks, the County requires an 8' shoulder. He stated that they might not need 8', since this might appear tight and have a freeway look. Palesch indicated that 8' would look much more spacious and most parents wouldnt' want their klds biking on Highway 19 when there is a safer alternative. Young agreed that 8' would be best. Nielsen concurred that, if allowed, 8' would be the preference. Nielsen asked for comment whether the trail should extend into Excelsior along Highway 19. Chair Arnst stated that based on costs and time, this would be best left for future projects. Brown complimented the Planning Commission for looking further into the future development along the corridor and not just piece by piece. . Nielsen asked for additional comments regarding landscaping. He pointed out that the LCEC has suggested native plantings, not nearly as formal as Wayzata. With limited landscaping options available altogether, a more naturalized appearance has been suggested. Brown stated that with regard to sightlines, City Engineers are now being required by Hennepin County to sign off on proposed landscaping plans. Nielsen indicated that lighting was the final issue to address for the evening. There will be several places that lighting will be recommended, already at Glen Road it has been requested, and it is the City's desire to provlde a unified lighting style along the corridor. Nielsen noted that the lights they . are considering are downcast, attractive lights similar to those at Grays Bay Bridge. The Commission felt this was reasonable. 7. ,CONCESSION AGREEMENT BETWEEN SOUTH TONKA BASEBALL AND CITY OF SHOREWOOD A. Consensus on Need B. Review and Discuss Draft Agreement and 1993 Agreement C. Suggest Changes on Draft and Recommendation to City Council Removed from the Agenda. PARK COMMISSION MEETING MINUTES July 9, 2002 Page 11 of 11 8. DISCUSS AGENDA FOR JULY 23 MEETING A. Meet with Shorewood Ponds Residents at Eddy Station Regarding Freeman Park and Requested Trail Along West Side of Eureka It was agreed that the July 23, 2002 meeting with The Ponds residents would be scheduled from 7 P.M. to 7 :30 P.M. at Eddy Station followed by a regular meeting to discuss the Park Management Job Description. B. Include Other Eureka Road Residents in Trail Discussion An invitation for the neighbors on the East side of Eureka Road will be extended in order to discuss the trail. . Chair Arnst pointed out that additional neighbors would be included in the next step of the park master planning process. Brown suggested informing people present on July 23rd that a regular meeting will follow and they are welcome to stay or leave. C. Other Matters for Inclusion - Removed from the Agenda 9. NEW BUSINESS Chair Arnst reviewed the 2002 Goals as set by the Commission, acknowledging that three of the five have been accomplished already this year, while the park master planning and park management process are in progress. . Brown reported that the construction process at Christmas Lake Road and Highway 7 is part of the Met Council initiative to bore a new waste water line under Highway 7. It will cause construction delays for the access starting July 8th. Caught somewhat off guard by the proposal, the City notified neighbors as soon as possible and have been told that the construction should be concluded by the end of September. .10. ADJOURNMENT Palesch moved, Young seconded, adjourning the Park Commission Meeting of July 9, 2002, at 9:12 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Kristi Anderson, Recording Secretary , . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A SETBACK VARIANCE TO JAMES QUANDT WHEREAS, James Quandt (Applicant) is the owners of real property located at 22425 Murray Street, City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof; WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is located approximately three feet from the rear property line and three feet from the easterly lot line of the property; and WHEREAS, the Applicants have applied for variances to add another floor to the building and to extend a deck around the southwest corner of the house; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 30 May 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 4 June 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 24 June 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-IC, Single-Family Residential zoning district, which requires a 40-foot setback from the rear property line and a lO-foot side yard setback. 2. The existing building on the property is located approximately three feet from the rear property line and three feet from the side lot line. 3. The subject property is substandard with respect to maximum impervious surface, amounting to 45 percent, where 33 percent is what is allowed. 4. The Applicant owns the property immediately east of the subject property, which is capable of being subdivided. The Applicant has agreed to enlarge the subject property in order to reduce the amount of hardcover on the site. *7A. . . 5. The Applicant is willing to remove part of the existing driveway in order to reduce the existing hardcover on the site. 6. The Applicant has agreed to 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. 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. Based upon the foregoing, the City Council hereby grants to the Applicant a setback variance to add another level to the existing home and extend a deck around the southwest comer of the house, subject to the following conditions: a. The Applicant shall provide a legal description for the property to the east at 6195 Cardinal Drive. The Applicant shall record a resolution approved by the City Council, subdividing the property at 6195 Cardinal Drive and combining the easterly 32 feet thereof with the subject property. This division and combination must be recorded prior to issuance of a building permit. Before calling for a framing inspection on the second floor addition, the Applicant shall cause the bituminous and gravel pad located on the west side of the existing driveway and landscape the area from which the pad is removed. The total amount of hardcover may not exceed what exists today or 33 percent, whichever is greater. b. c. d. 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 22nd day of July 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DA WSON,CITY ADMINISTRATOR/CLERK -2- . !t . . Legal description: "That part of Lot 90, Auditor's Subdivision No. 135, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Lot 90, which point is 371.5 feet south of the northeast comer of said Lot 90; thence north along the east line of said Lot 90 a distance of 371.5 feet to the north line of said Lot 90; thence west along the north line of said Lot 90, a distance of 20 feet; thence south parallel with the east line of said Lot 90 a distance of 200.17 feet to a point; thence west parallel with the north line of said Lot 90 a distance of 100 feet; thence south parallel with the east line of said Lot 90 to the intersection with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast comer of said Lot 90; thence east along said parallel line to the east line of said Lot 90 a distance of 120 feet to the point of beginning." Exhibit A -3- , . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 11 July 2002 RE: Lake Fellowship Unitarian Church - Setback Variance FILE NO.: 405 (02.18) BACKGROUND . Last January the Planning Commission held a public hearing to consider an after-the-fact conditional use permit for a parking lot constructed by the Lake Fellowship Unitarians on their property at 24575 Glen Road. The original staff report for that request, dated 9 January 2002, is attached for your review (copied in yellow). As you recall, the parking lot had been constructed within the front yard setback area of the property.' The matter was continued to July in order for church representatives to decide whether to apply for a variance or correct the work. They have since commissioned a soils engineer for soil testing in the vicinity ofthe parking area, and have decided to apply for a variance. Their request letter is attached as Exhibit A, attached. Excerpts from the.soil engineer's report are attached as Exhibit B. ANAL YSISIRECOMMENDATION According to the applicants' soil engineer, the ground to the north ofthe current parking lot is not suitable to support either the parking lot or the continuous poured concrete curbing required by Shorewood's Zoning Code. The applicants have placed large logs at the perimeter of the parking lot in lieu of curbing. While these will have to be routinely replaced due to decomposition, they will serve to keep cars on the parking lot. n '0..1 PRINTEO ON RECYCLED PAPER #78. ~ Memorandum Re: Lake Fellowship Variance 11 July 2002 The applicants' request for a variance is supported by their engineer's soil report. Between the topography of the site and the landscaping already installed by the applicants, screening of the lot is considered adequate. It is recommended that the variance and the conditional use permit be granted subject to the parking being striped and the three parcels ofland on which the church is located being legally combined. Both of these items should be completed by the end of July. Cc: Craig Dawson Larry Brown Tim Keane Scott Gauer Mike Wyatt . . -2- LAKE FELLOWSHIP of Unitarians and Universalists Box 54, Excelsior, Minnesota 55331 May 24, 2002 . Plmming Conmlission City Of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Brad Nielsen Dear Mr. Nielsen, Lake Fellowship is requesting a variance regarding the City of Shore wood's setback and curbing requirements for our parking lot. I am enclosing a completed application form and fees. You have already received the required survey, plans and mailing list of property owners of land within 500 feet of OlU' property, as well as our conditional use permit application. Weare requesting this variance because strict enforcement of the Ordinance would cause undue hardship due to circumstances which are unique to our property. . On April 22, 2002 we obtained soil borings to determine the ability of our soil to support an extension of our parking lot farther away from Glen Road. The summary recommendations from Advance Surveying/ Engineering/Geotechnical state: "The considerable thickness of soft black organic clay encountered under the fill in the borings would consolidate under the load of a parking lot. This would cause a rapid deterioration in the parking lot and thus we do not recommend building a parking lot or curbing over such soils. Because these soils extend down to from 16-19 feet in the area of the borings, removal of these soils and replacement with granular fill would be cost prohibitive and because of the required oversizing, would not be feasible because of encroachment into adjoining improvements." I have attached a copy of their complete report. Because of the soil conditions we are unable to move our parking lot from its current site, and therefore we request a variance from the setback requirements from Glen Road. Exhibit A APPLICANTS' REQUEST LETTER Meeting place located at the intersections of Count' Shorewood City ordinance also requires that commercial properties have a continuous poured curb around their parking lots. Special circumstances exist on our property which make this unfeasible. The soil borings show that our soil will not support the additional weight of curbing, resulting in early deterioration of the curb. In addition, the Minnehaha Creek Watershed District has expressed a preference for "sheet flow" of storm water l1lnoff on our site rather than the channeling of runoff that occurs with a curb. This is especially important in our case due to the unique circumstances of our property. Channeling runoff by means of a curb may lead to degradation of the wetlands behind the parking lot. These wetlands drain into Lake Minnetonka and extend down to the City's Gideon Glen project. I am attaching a memorandum from Michael Wyatt at MCWD. . Rather than poured curbing, we propose to border our parking lot with logs, thus meeting the purpose of a curb to keep cars on the parking lot, while allowing for sheet flow drainage, and maintaining a natural appearance fitting in with the rest of the site. We will paint stripes on the parking lot in accordance with City Ordinance. Thank you for your cooperation. Sincerely, ~ Scott Gauer . DATE: TO: FROM: RE: . . MEMORANDUM December 21, 2001 Brad Nielsen, City of Shorewood; Tom Everson Michael Wyatt, District Technician Permit #01 ~454: 2457-5 Glen Road, Shorewood This memo is designed to illustrate the concerns of the Minnehaha Creek Watershed District regarding stormwater management issues, the City of Shorewood and the permit applicant for MCWD permit #01- . 454: the Lake Fellowship Unitarian Church. Discussion has taken place regarding the installation of curb and gutter on the project site at the address cited above. In general, curb and gutter focuses the flow of stormwater to specific outlet areas (catch basins, curb cuts, etc.) where the runoff is allowed to exit impermeable areas. This channeling of water flow results in increases in both velocity and concentration of stormwater runoff leaving the site. From perspective of strictly looking at stormwater management, it is preferable to allow sheet flow of stormwater to run off the site into vegetated permeable areas that allow infiltration into the ground. MCWD acknowledges the City of Shorewood's concerns that support a curb and gutter ordinance (safety, plowing, etc.), however, MCWD encourages the City to consider other alternatives where appropriate conditions permit. Reductions in impervious surface and promotion of infiltration as a stormwater management 'practice have been shoWn to have significant effects on the health, function and value of waterbodies within a watershed. I ~ I I I I I I. I I I I I. I I I I I I I MFr" c:.c:. uoe:. ......... .......1'" vClIIlt:'~ n. rclr......t:r.. .:IeJ. :::l"t:::l C:.:I/:::l p. 1 ADVANCE SURVEYING &. ENGINEERlNGCO." SURVEYING / ENGINEERING / GEOTECHNICAL 5300 South County Road 1 01 Minnetonka., MN 55345 Phone 952 474 7964 Fax 952 4748267 April 22, 2002 Attn: Mr. Tom Everson Lake Fellowship Unitarian Church 110800 Bavaria Road Chaska, MN 55318 Phone: 952 4487939 Dear Tom: At your request, we have conducted a preliminary investigation of soil conditions on your site at the locations you specified. The following is a tabulation of data about your site: ~- , Site Address: 24575 Glen Road -_..- ....----..-....-..--. --'-.-. City ..____. Shor~wOOd._.._._.._.___..___. Lega1Des~ption:._ L~ts20,.~1 &~~,M~to'!.Qlen ._ _..__._. Benchm~~___ .Surf~~~ofgroun~atBo~~= 10~... D~. _. _ a.:nass~ed~. .~.~- ..........,~...~...""'I'l"I'7_..-~ w.....--- ..____..-.-.--_~ .~...._=_ METHODS: The investigation consisted of exploratory identifying soil and water conditions. approximate locations of the borings on an Elevations are very approximate. soil borings to aid in We have indicated the attached site plan sketch. Borings were taken With a truck mounted CME 45 drill rig using solid stem continuous-flight augers. Soils encountered in the borings were visually and manually examined in the field by the soils engineer. The soils are classified on the basis of texture and plasticity. in accordance with ASTM D2487 "Unified Soil Classification System" and a chart explaining that system is attached Exhibit B EXCERPTSO~REPORT Advance SurveyinglEngineering/Geotechnical I- f r I: I I I I ,. I.~. I Ii ,I II 11 I~ 1,[ Ii I I I I RECOMMENDATIONS: The considerable thickness of soft black organic clay encountered under the till in the borings would consolidate under the load of a parking lot_ This would cause a rapid deterioration in the parking lot and thus we do not recommend building a parking lot or curbing over such soils. Because these soils extend down to trom 16 to 19 feet in the area of the borings, removal of these soils and replacement with granular fill would be cost prohibitive and because of the required oversizing, would not be feasible because of encroachment into adjoining improvements- l.? ~ ~ ~ U') J.il u ~ :>- ~ ~ 0-f- V) 2. ~ rb (lJ I~ OJ :? I;IJ QJ ~ tj CI [.) . - - - - - - - .--(v( ~~ c9 ~ ~ e - - ~:!t .00 ,Q€-\ >S-~ b - -- ,G\ ~. ~ t 1 cb ~ ~ _e_ _ _ _ _ _ - MEMORANDUM TO: FROM: . DATE: RE: FILE NO. BACKGROUND CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cl.shorewood.mn.us Planning Commission, Mayor and City Council Brad Nielsen 9 January 2002 Lake Fellowship of Unitarians and Universalists - Conditional Use Permit 405 (01.31) Tom and Nancy Everson, representing Lake Fellowship of Unitarians and Universalists church, have requested a conditional use permit relative to the paving of the church parking lot at 24575 Glen Road (see Site Location map - Exhibit A, attached). In September of last year Lake Fellowship was advised that they had violated the Shorewood Zoning Code by paving their lot without the necessary permits (see Violation Letter, dated 13 September 200l-Exhibit B, attached). Since churches are conditional uses in residential zoning districts, modification of their parking lot triggers the C.U.P. process. Since the work is mosfly complete, their request is for an "after-the-fact" permit. .\ It should be noted that the City Council granted Lake Fellowship an extension from their original deadline, in order for them to complete a survey of.the site and a wetland delineation (see Exhibit C). The subject property is zoned R-l C, Single-Family Residential and contains 128,600 square feet of area (2.95 acres). Land uses and zoning surrounding the site are as follows: North: East: South: West: Single and two-family residential; zoned R -1 C and R -C, Residential/Commercial Wetlands and multiple-family residential; zoned P.U.D. Conservation open space (Gideon Glen) Single-family residential; zoned R -1 C ft ~.1 PRINTED ON RECYCLED PAPER Memorandum Re: Lake Fellowship C.D.P. 9 January 2002 The Minnehaha Creek Watershed District is also reviewing this request. They have expressed concerns that continuous curbing would chann~l water more rapidly to the wetland area to the east. As a compromise, it is suggested that the applicants be allowed to place concrete blocks, anchored in place and backfilled, to create the required curb barrier. The cores of the block should be oriented horizontally to allow drainage to pass through to the soil behind the curb. 4. Landscaping and Screening. Conceptually, the applicants' landscape plan is considered adequate. Plants to the east of the driveway must be kept to a minimum height of 30 inches to maintain sight lines for cars exiting the site to Glen Road. . The sizes of all plat materials must be consistent with Shorewood's landscaping requirements. . 5. Lot Combination. In the review of this application it was discovered that the church property consists of three separate parcels of land. This results in several nonconformities with respect to setbacks. A condition of approval should include a requirement that the three lots be legally combined. RECOMMENDATION Although there is adequate room for parking on the subject site, the way it was done does not comply with the Shorewood Zoning Code. It is recommended that a conditional use be granted subject to correcting the pavement to comply with the Code, using either Exhibit E or F. If E is the chosen design, the occupancy of the building should be limited to 39. This work, including the curbing as recommended herein, the striping and the landscaping, should be completed no later than the end of July 2002. The modified plan should also be subject to the requirements of the Minnehaha Creek Watershed District. . Cc: Craig Dawson Larry Brown Mike Wyatt Tom and Nancy Everson -3- 8 :3 ~ o :r: (J) 400 I o 400 Feet I ~ N Exhibit A SITE LOCATION Lake Fellowship - C.D.P. CITY OF SHOREWO.OD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 . FAX (952) 474-0128 · www.cl.shorewood.mn.us · cltyhaU@cl.shorewood.mn.us 13 September 2001 Ms. Nancy Everson, Chair Lake Fellowship of Unitarians . Box 54 Excelsior, MN 55331 , Re: Zoning Yiolation Notice - 24575 Glen Road P.l.N. 33-117-23-12-0027,0028 and 0029 . Dear Ms. Everson: It has come to our attention that the Lake Fellowship Church has recently surfaced its parking lot. This is to advise you that the work was done without the n~cessary review and p~rmit by the City of Shorewood. Churches are conditional uses in residential zoning districts and changes such as .this require a conditional use permit, pursuant to Section 1201.11 Subd. 4.b. of the Shorewood City Code. . Since the. work has been substantially complet~ the permit will be processed after the fact. Any violations discovel'ed through the conditional use permit process will ultimately have to be corrected. For example, parking lots are req1.1ired to have perimeter curbing and striping. I have ep.closed a form an4 a list of required information necessary for a conditional use permit application. You will need to contact a lan4 surveyor for a complete survey of the property, ' including a wetland delineation as soon as possible. Failure to apply for the necessary permits by 11 October 2001 will result in the matter being turned over to the City Attorney for' further legal action. . " .' . Given the seriousness of this violation, it is suggested you or another Lake Fellowship , representative ~chedu1e an appointment to meet with nie early during the week of 17 Septeinber to go over the City's requirements. CITY OF SHOREWOOD ~J.~ Bradley J. Nielsen , Planning Director Cc: Mayor and City Council Craig Dawson . Tim Keane Exhibit B ZONING VIOLATION LETTER Dated 13 September 2001 ft ~J PAINTED ON RECYCI.EO PAPER 10 .\ I k ..... ...., I ~~tbfldt /In. it I .~ t I ~ I \ I I " , . . /~ ~tJ, ,~ r:; @]) I ! " .... ... I \ I 1\ I I \ I'" 10 I @) 8'd- (JJIl ~ . :l<,,,,J::' f1B~" I X fI'.IY. <c~ ~ 0 I I) ~ -1 @ill . . . .~~~ ... ~. ~I . /' BltumlnOU'SU~ . $. ..' @ ~ / yd< .' Qla @)/ ~~ 8 I . ,,~ , -r .q...< or .... :.: / ......... @J> 8 I · "/ @J>....-. /\, ~" / \ \ 1 '''':'~~ 1:-__ WttlOfld ___ .\ " ) I '\ I I I\./ I " // I '< I \ 22 1,1 \ 1 I \ I I "..... I I"" - . \... I I., I .... I I \",'" '-_ '-_ I'" \ Exhibit C Irs.lb- /In. I SITE SURVEY I Shows parking lot "as-built" -L - --1- ~ NORTH / . 20 \ \. I I I I )" \ I I ~". " I I '" I I I I \",'" . 21 -,- I I I I -\- L-- ~ ;S ~ 0::1 I B I If ! J J ". " , 1 , I~ : 1:: . ::t ' i i ~ ,HII . ' ~ 1 . ~ .. . ~ ~ . ; 'I i' ,1 I: iI , .. I ~ i: ~ i il : ~!I ; :' i I~ \ .' " , \: :; " " . - 1'.'.-''1'~_.' .-. l....~_.., i \ '\1 I I, ,', I , I II , 'I · 1 · . II i ;& . " . I~ _.-....u-......-~ ~\ . l~- .......... I II I t , f I'I II I ....- ._-"-".- ---. I I Exhibit D PROPOSED LANDSCAPE PLAN >~ ~e: ~g: . z tyj ~ ~ o &: ~ g I-i I ..... w ~ C/.) . NORTH /'= 3()' . \J)'" . @B> Found Iron 0.00 f.t north -* 0.0$ f.t ..t - .., of calcu~ position. \ @!g),& (JjJ> ./ ~ @J> ~ @J) 10 ~7. ~ ~ €m> @it> @?j) ~ , ~ ~ @B> €jJ) /' ",/ I \ '" {\6/t@) x ~. v I . ~\. '\'",..". /(# ~ ~@( \ \ '\ Ai @@~~ \\\ \ I / ~ /'r \ ',\ . ..,,~ ~.~.. L ' \:~' ,<@i) tt"w . \ \ If \ @) <1,\ ~ of. "", \ ~ ~ <tW~ l~'~s~ I .€l> \'''' ~ ' I@ /' ~ @)>> ~ <t!D ~ ~ \ "lJOfNSOd ptI~Dln:JfIJO JO L -~_M ~NJ 90"0 ~ YI-fOU IHI 00"0 UO.If puno.:J <@) , of' ~t' I -..A1\ H~lION "" - .... ~ ~ ~ ~ NORm ~ Exhibit G AREA TOPOGRAPHY 11111__ r.lll. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 10 July 2002 RE: Peterson, Marlow - Setback/Hardcover Variance FILE NO.: 405 (02.20) BACKGROUND . Mr. Marlow Peterson has requested a setback variance to construct an extension of his existing attached garage on his property at 4985 St. Alban's BayRoad (see Site Location map - Exhibit A, attached). The property is zoned R-1D/S, Single-Family ResidentiallShoreland and contains 8012 square feet of area. Exhibit B shows the location of Mr. Peterson's existing home and the existing single car garage on the east side of the house. The garage addition, shown on Exhibit C, measures 16' x 16' and is proposed to be extended from the rear of the existing garage. The request necessitates an eight- foot variance to the rear yard setback requirement and a seven-foot variance to the side yard requirement. The lot is already nonconforming with respect to maximum impervious surface, having 35.6 percent of the lot covered where 25 percent is allowed. The proposed garage space increases hardcover by 256 square feet, resulting in 38.8 percent - a variance of almost 14 percent. The applicant's request is explained in his letter (Exhibit D), dated 3 June 2002. Drawings showing how the building wi11look from the side and rear are attached as Exhibits E and F. Mr. Peterson has also requested (see Exhibits G and H) approval to build a covered porch and deck on the front of the home. While setbacks are not an issue, the amount of hardcover would increase another 67 square feet, resulting in 39.6 percent hardcover. ft '-.1 PRINTED ON RECYCLED PAPER #7C. Memorandum Re: Peterson Variance Request 10 July 2002 ANAL YSISIRECOMMENDATION Variances are to be evaluated on the basis of Section 1201.05 Subd. 2 of the City Code. The applicant's request to extend the garage appears justified based on the following factors: 1. The lot is substandard with respect to lot area. The R-1D/S zoning district requires 10,000 square feet and this lot has only 8012 square feet of area. This nonconforming size affects both building setback compliance and hardcover. It should be noted that, with respect to impervious surface, the site was examinedfor opportunities to reduce the amount of hardcover. All of the impervious surfaces are considered reasonably necessary to the use ofthe property. . 2. Other buildings in the neighborhood are closer to the rear lot line than the required setbacks allow. The garage to the east of the applicant's property has virtually no rear yard setback. Nor does the building immediately north of the applicant's property. The applicant's garage, despite the variances would not be out of character with the surrounding area. 3. The need for the variance is not economic in nature. There is no alternative to achieving a two-car garage, which is commonly enjoyed by most residential properties in Shorewood. Some cities go so far as to require at least a two-car garage. Even with the variances, cars will have to be parked end to end. 4. The applicant did not create his hardship. Both the house and garage were created prior to current requirements, and the property has never had a garage. . 5. The City has in past cases recognized that the inability to have at least a two-car garage in Minnesota constitutes a hardship. Based upon the preceding, it is recommended that the applicant's request to expand the garage be granted as presented. Since the area where the garage will be located is very well screened from view of existing properties (see Exhibit I), no additional landscaping is considered necessary. The front porch and deck addition are another matter. The front stoop can be repaired or replaced and even covered. However, given the additional hardcover proposed and the lack of opportunity to reduce hardcover elsewhere on the site, no expansion is recommended. Cc: Craig Dawson Tim Keane Marlow Peterson -2- . City of GREENWOOD (St. Alban's Bay) 400 I o 400 Feet I ~ N Exhibit A SITE LOCATION Peterson variance .. a ............ ........ ......... ......... I ......... I ......., I I I I I ., 0/' 0/..//, ~"""""'-'-""'OO"<i?L ''''~ I" / 4t ~ '1..../, ~ C) 't1-~ ....-, <tj r\." cy I" I\.. v ........ ":I t ............. ~ . ,..-ar- ..- . .- ",I " . 1'-, .. \ - ,-' oSl,sl I: I ~ I ., I ..... ......,~ '~J.~ '-~.Of't o .Of't ,0:) io/'~~<:) ......... ~~Q:)~ ~ : "t~:-" ......../. '!!?N~ () Ii):.: ~......<:{' , J 0If ~ '~~o~...... .' 0 ,') . "'ib ...... ./.., ~. "'V~ .. ~ .... ~ v . f...,'~ ~ Q:)~ I 1 1 , , 1 I .-............... I ........... , . : , ,..., I ..\ - r-....___... I ___........ ' ........... I ................ ' ~ , --...... I ............""1 , , :] 1,9 t L-/... , "'oBi .. ..., ," " ,-' ,.... , ... '.. 99 ...................... ,-' Exhibit B VEY EXISTING SUR P L-'::) IV \ ~ ~~"i.; ~ //1' " . -/}."':;.'~..' -,<:, . T \ \ .. o N) " ",.f A If. ~~ lie) ~.' fJe ..,. E te" i1H 1-9a:r 5"7 4~9/4#S. /54r/2.0. E><..Clif.' L,r" tar' I ,lJ..1 pi + S-S:~Jf . /0'\ __ I~ BLA:.. 10 J!!I': A/A./e7cvJ ;</J #I ,t/fII~ V. ~z.. SG.C,. 2'/ T; II?M t<C,.23vJ Fe, It.. t::; r; //!"A e:; IE /!D/) f;t) ~ ? 2' JI" ....' ''''~f,~''' -;1'/ ) ) ~U/4 T 114('~~~ 1 _~.I , - .......-... ,11;.,;.>1 'OAJ, 1. Ex/S'//At;, + . l 3J~) \ <C.. 5'""$' Sf; I)t..B4fi-JS /314'1 n'lll_~::;~~T ~ 15'lh1l.ttlllrllah _~~f'I J /t/ "'-'q';.~ . -.' ~ 1 ;tD" .. 1 r 7 .... ~ - Exhibit C PROPOSED SITE PLAN 3 June2002 Planning Commission City of Shorewood 5755 Country Club Rd. Shorewood, Mn. 55331 fl~~ CpIIffilission: My name. is MatlowPeterson and my wife Karen and 1 have recently purchased the home at 4985 St. Albans Bay Rd. The existing single car garage was previously built with a variance. A single car garage creates ahardShip for usbecause we need two vehicles. . The immediate neighbors have garages close to the rear and side property lines. Our Easterly neighbors (the Seipps) have a buffer of Pyramidal Arborvitae trees next to the property line. The back property line alsohas a buffer with trees. The proposed garage addition woUld fit in the back of the existing garage and woUld help us to keep our second car off the street. I aSk for your-help and permisSion to proceed with this project. ~~~ -M~lowPeterson . Exhibit D APPLICANT'S REQUEST LETTER Dated 3 June 2002 . . "-", J' "I, ~~ ~ij "- ~ iq "\,\ (\ "~) li \ ~ Vl, I ,,>,J, -"!!" 01 Ql <4, i (:'I''i! 'I,j ! l I" ~, "4.i ~ ~ \ij \J ;: \ ~ \ \ -- i <:S.: '''~ 3.. , \\ ~~... ,\.,.~ 'G,,-,~,,~'t',""'" \. ,,,,- ":::li. '" - ~. ~ -I" t-' 1 l 11\' t ~" \..., .~ ~..(:. \"- \'-. () \~ .. ~ "",...."""" Exhibit E IDE VIEW GARAGE S . . ......!.~ "~i1Wo..L ~ ~l ~ ~ 'l> .~ .. ., ~,. 1\'\.. .~~ ......." ~ \;: l: l?'" ..1'-. 11 I! "I. · 1 1 i 1 ' ; ~. .i I j ~ jj p ., 1 1 . ,\' " ! .~ '1 ; r: fj Ii ; i 1',' :'01' ~.' ~ ~,;. /:>.'. V'1 \!J \Jf l\~ ': .~'.'.' ~..::t ....~ . .j~,1 ........... " ...~. '''''Y' ~'..'~ ,.... 'f) ~ .~. .~. ,~. ~'t't... :) ~4J fu '-. \f ~ ~ }-~2ll' K q ..~.."!\'f '.'1 , \7)' t). l...1" tl 'r.'~. or ~ ..... ~ ~. ~.k ~. R ~ t \.. ~. ~ ~ ."-'. ~ ~ /" -~ ", ~...:V. ""~. 'I," ""'" '.l1 ,,~... ".' ~.~. ~ ......." . ."'" '... IA,-. t'o,.l " ,\ N ''\...j . "';.."- ,>t' .... ...;;,~ · \l' ~ """. ...~; ~ ~: ~(i ~ tj:,' ~ ~., ~ ~\ ,~ 'lrj. ~ ~~ . ~, IJ );1 ! 'il i 'Ji ,I ,~ ~ jl Oi , . \.... --- < . ..;---,--r." i .""""---.-.-..,..p,,.. ." -".~ , h-'---"'~ -'1" J , . I ! \'4' t. :r.-- ''\ilj ~, ,~~ ~... :..~.:.". ,. .( ,. \ li., "l~ , "<J ~~.. ~\ ~. ,.....,j '~~~: I;" c"/ , /. /~\ 1/'"\" /'" ~\ .' ~ ~ ~ l . li/ I ;,.- I \~ \\ \:' f :\ I" \k Ii \\17' 'f '",\. , t t ".,~ t!, \ \ I :~~II': \ .' ~"" 'j'. ':1" \.; r~~: ~; '11~.h,....1 'x \,' n! ~. \, ,jf' I ~ ..\ 1: ' f~.. \~I.,; III I v ; \\~. '. ','.. t. '. )II ~ '\il ! . J,: :. , 11 ~ i.1 . jIi . . . L J.:...._--:-~.. -""- -> ~~ ~,. , 'i;~ ".. I '.:,~J I i ! j 1 I j , i i j , l I i ~ ' ; I u j' i .. ~ j,..~. "":'_'_~h.:"""_:::--'::='_';"~~ T 'I', ,"< ~ -.. I ,j ',J -L- Exhibit F GARAGE REAR ELEVATION 3 June2002 Planning Commission City of Shorewood 5755 Country Club Rd. Shorewood, Minn. 55331 Planning Commission: 1 am requesting your permission to bUild a new front entrance to myhome at 4980 St. Albans Bay Road. The old entrance has a cement stoop constructed over cement blocks which are part of the foundation. The stoop is starting to deteriorate and! would'bUild over it with a wood treated framed addition. Enclosed are bUilding plans. The proposal would be within the setbacK ordinance provided by the City. Thank you. . Sincerely, , ~'E.~ 'Marlow E.Peterson . Exhibit G FRONT PORCH REQUEST . :..J ^ , ) "" ll'- ~ ,~; .\.1 Q "- :,,>,.. '-l f.... \1 '-1'~' ......l' ~: 4J I I ' .. / . , '.'\ i \ \ " .~ ~\~ ; \) ~~ \ "". '. ',\ "",'; "..;J " .~ -~ () ~ ~ ~ ~ (\ . "~ ~ ~ ~ . ~\", ,.f " ... ..."".;) -,- . . - r Jf . .~ Exhibit H FRONT PORCH PLAN ~"'~ r..~~ " . ':~,' .' ( r t" ': .~:'. ~ ,,;.., ,," :;r~'!'~: .' ."r;li '.I;~~,"'/~ . - ~':;" ~i <:.'-~~~~ (";'~t.'\W ~':~1-:~~;. Exhibit I PROPERTY PHOTOS ... l\.fEMORANDUM TO: FROM: . 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 Planning Commission, Mayor and City Council Brad Nielsen Bateson, Rick - C .u.p for Accessory Space in Excess of 1200 Square Feet DATE: 16 July 2002 FILE NO.: 405 (02.17) BACKGROUND Mr. Rick Bateson is in the process of constructing a new home on the property located at 6180 Murray Court (see Site Location map - Exhibit A, attached). Due to the topography of the site, the applicant has chosen to create additional space under the attached garage for additional storage. The total floor area of the two garage levels will be greater than 1200 square feet in area. Mr. Bateson therefore has requested a conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. . The property is zoned R-IC, Single-Family Residential and contains approximately 72,000 square feet in area. The garage areas are located on the north end of the home (see Exhibit B) and contain 986 square feet of area on each of two floors. The proposed home contains 4086 square feet on two floors (not including the basement). Af> can be seen on Exhibits D and E, the upper level garage faces east, while the lower level garage faces north. ANAL YSISIRECOMMENDA TION Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting conditional use permits for accessory space over 1200 square feet. Followingis how the applicant's plans comply with the Code: ft 'o.J PRINTED ON RECYCLED PAPER #7. D. Memorandum Re: Bateson Conditional Use Permit 16 July 2002 a. The total area of accessory buildings (1972 square feet) does not exceed the floor area (4086 square feet) above grade of the proposed home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-IC zoning district (.10 x 20,000 :;;;: 2000 square feet). c. The proposed house and garage comply with R-IC setback requirements. Also, since the lower level garage occupies the same footprint as the upper level garage, tree removal and site disturbance is minimized. Hardcover on the site will be 10.45 percent, well within the 33 percent maximum requirement. d. Since the new garage is an integral part of the proposed house, architectural compatibility is not considered to be an issue. As previously mentioned, the overhead doors for the garage are located on two different elevations of the building (see Exhibits D and E). . Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted as proposed. Cc: Craig Dawson Tim Keane Rick Bateson . -2- tIE LAKE SUMMIT C' AVE Ity of Chanhassen 400 I o 400 Feet I ~ N Exhibit A SITE LOCATION Bateson C.u.P. I,..ovle.r N ~_ I ~"r~~i I ~~ I ..~ I II I _J . I ;' 01 \ ffi I I I a I I I I "'It I I . .s I I , ~ /. I , I I .~ I I I I f ;r: I A . ! /I /I I I I I t I I I I .t I I , I ;' I 0:: l! '" i ;' I Ip~ ;' I 1 ;' I ... ... 1 SI'" I '15 .. IS I V 1 liJ .ci i~~l 2 S lIlt 'v u ~1 G Ii t;1 Ill' Ct 1z ilm ~11 Exhibit B ~ SURVEY ~ I~I - l ..t.ncdro:cd ~1 a A' '" ~ :~ ~ Ii: a; .... I \\\\\\\l. f\J ~ ~'l V/ .. \ ~'~' ~....................~_~ _ . _ .::'- '1,1 Ai ~ V .. \\\ :--.... ~ rfI' I ..... I 'll. i r'~6 ~:.., \ I ".~~~ ,:::l_~ \ e; , ~ 1 'I ~'~ .f'- ~ ~JI '. '\~ ~ f )1 I~ ~[7 D \'@'~r ~L J ~ ~ ',- ";' Hilt ~; ~'--, ~.-'l-~"'I_ ~I. ~ f/ l \ 'I .~ ~ ~ ~ _-2 ..J::/.D'+_~ lIl\J - , J \ \..:.! ro ::,.J r ~ ~ ~ L -f-C-' ......t::t: ~ ~\~\'~'<..... 'l-~l~~\~~ ..L3<-~L .---'..>o'~;,.;; .,~ '\ I ' ~ 1: \ I I i.l.~ a) L ) \ -=- f g{,1 ~ rrr;l I ~ · :\~ %f.t't" ~ n IIi \ '1~' P')/~ :/"~ I j, ~ r/ ~ " '::;, f\)1 I f-/ f': ~i 'I. r--- tj ~ ( r ( _ I ~~~::/' ~.L .n f' \' ,\[ v=-::::, [ / /2 r..~ ~, "'-~ ~ J .1........,. r_____'\ , '(. ~-;~)I ifOO~ ?:3', , r-~ ,\. .'-A ... ~ \I~~ ~ . ~~ ~,..,.. .... --= ~, ..,,\\ -p~~ - .. ~ 1 ~ ,..;;:,.-.., ;,-: , ~ =-- " ,'= - ;;s:, ' , .,' , ~ A#.''''':''J \ .I:'\'i , ~':..-I'"-+-',_ ~ .. '/' f:f . v. ':L A~' ,I ... ' -~, / Q, jI) n n " · - ' ... -,,--:..--<> ~ ~ ~ " ' ' '~ I t -L · ~ '-'", \\~. . ~ .~. ~r--_ t,J. -;~~ - .. ". . ~.<'.d _ ~: -. . h T \. ' _ .L.L;- ). ."r ~ .. . ~....t;; f) {r;'r~ /.::; .. \ . '. ~ J ~ r Gl JI ~ x IIW """". ~ ~j -;-- /.... ;Y ~ lj .. ~ \. Ill'" ......~r---- / ~g '/~/ ~~\ .: I---~ \'";1 ' .., ~ ..~\ + I '\ - \~ J/OJ ~ '\ I \ .- ':1 ._ '\ - ( . \ \,~ ,~ ~ ,\ 964.4 ~ \ , \" · -\ '..Jt\-\tJ.rJ ,. ,~ ' ' , ' , 'f( I ... \ f ... (/ J( I(/!} '" J t II . 9~ " "'\ ! /~ v4 , "" + + .J Exhibit C AREA TOPOGRAPHY . . ;g~ og ~g: 0..... end o ::r:: o C en tr.l ~ ~ d o Z I ~ o ~ '" Bateson Residence 6180 Murray Court . :~";.t: f, . .~ East Elevation 1/4"=1 '0 ; ~ . . . ~ ':>~ ~~ ~f " --= 1,:'~'0 == - ---'-- - J.' ... ~ .. ~ .... ~~ ......... ~ 1\' ~ ~ ~.." ,. ---------1- :, I ~:...i': 1'1 'I. .;.~ -I'nr~' '\. ., ; / .~ , I-t=' 1=.... _.....7 1-1-= ~ l- I- I-"' . ' = -f- 1= "'". p.1-1= ~...: ,..-=. f- .1-";;; 1= _ . 7" I- .,.....,.... f- I~I-:- ,< 'l=L ".~ " ., ~ ~ .. I- = ~ =" 6,~.!== f · h ~ _' f ~ A{/ :.-~=,. : :"-, ~::t:I '~'- i : J ~ ~F- f- = ~ ~ IllflIJ/J1II III 111111I II . " . \' . '1' D - '1-'_ O' I <((.l = : " h- - ""' ... """: _' . . I " _f-'- .... 1= - !- 1-.:... -, ~ E II ,.:'\ - = '!-' ' "~:;;; ..' ..~;; '" ' y. )~,~~-~- --=:,= ~'>'m'<' , I ~~ ! :C: '''\: ':.' - - _. ! .~ ~~ _ -' ...... =:. '.J '. I ~~;~i ..~~ =_..=-......:~., . .':. ...' II q~ I.,. . ~ ".: . :'. ,,' I o !Q .. '17. _. '... ,'. Ii r ,~": '.. I j ,~,:'::' '~'. " , 111 '= ' '~. i .. II .' \ .::..... - '=:.. : I . '. ........:.._-=. II "~;.~..;.I-~I-~..:: :, I A 1. . :'. > ~rd ~. '" I ~~.";' .. ,.' ",:~ '-::->~ ':. i ~71=' .. " ".. '11..lf :. '" I ~ 21- f-::' ' '. : . .;. U;d .:t.: '. " I #.~ =' ~ " .; . u ,., ... .(.,.., " ~: = =~~ e=. 1 .. ,'.".~.~~~.. '., .' ,. , ~~ =,--""" -~,'., :r'.,.'." '. .~:,~~~r." "I. · ~:~, -(,' .' ., ~~~" '~~:'m:j .~J' .J'1l 0 ,~ '..',. ~~...,.~I~ . ~~., ..' :_1 ~ .: \'" : ':!l ~ f ~ ,~ '-- .. 0'. Exhibit E PROPOSED HOUSE ELEV A TION - SIDE : . , . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO RICK BATESON WHEREAS, Rick Bateson (Applicant) is the owner of real property located at 6180 Murray Court, in the City of Shore wood, County of Hennepin, legally described as; "Lot 4, Block 1, Bateson Wilson Addition"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of additional space under the attached garage, the area of which, when added to the area of the upper level garage, will bring the total area of accessory space on the property up to 1972 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were presented by the City Planner and later set forth in a memorandum to the Planning Commission dated 18 July 2002, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 16 July 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 22 July 2002, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in a R-1 C, Single-family Residential zoning district and contains approximately 72,000 square feet of area. 2. That the total proposed accessory space (1972 square feet) does not exceed the floor area above grade of the principal structure (4086 square feet). 3. That the total area of accessory space does not exceed 10% of the minimum lot area for the R- 1 C zoning district in which it is located (2000 square feet). . . 4. That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 5. That the proposed attached garage complies with all setback requirements for the R-IC zoning- district. CONCLUSION A. That the application of Rick Bateson for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: 1 That the proposed garage will be used strictly for purposes of a residential nature. 2. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. C. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. - ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 22nd day of July 2002. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk -2- Ii, CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 11 July 2002 RE: Dvorak, Dennis and Laura - Setback Variance FILE NO.: 405 (02.19) BACKGROUND . Dennis and Laura Dvorak have requested a setback variance to construct an attached two-car garage on their property at 5670 Echo Road (see Site Location map - Exhibit A, attached). The property is zoned R-IC, Single-Family Residential.and contains 11,721 square feet of area. Exhibit B shows the location of the applicants' existing home and the proposed garage. In addition to the substandard lot area (11,721 vs. 20,000 square feet) the lot is six feet narrower than the R -1 C zoning. district allows and has a parallelogram shape. The garage, shown on Exhibit C, measures 22' x 26' and is proposed to be constructed in front of an existing small single-car garage attached to the south end of the home. The request necessitates a six-foot variance to the side yard setback requirement. They propose to convert the existing garage into a family room, extending it four feet beyond what exists today. The applicant's request is explained in their letter (Exhibit D), dated 4 June 2002. Exhibit E shows the existing fioor plan for the house arid garage while Exhibit F shows the proposed floor plan. The existing house contains 1348 square feet offioor area, including the garage. The addition will add 653 square feet to the footprint of the home. Hardcover existing on the site amounts to 33.6 percent of the lot area. The applicants propose to actually reduce hardcover, despite the addition, by installing landscape fabric where plastic currently exists. ANAL YSIS/RECOMMENDATION In addition to the nonconfonnity of the existing lot, the house does not currently meet setbacks on the west and north sides ofthe lot. The only direction that the house can be expanded is to ft ~., PRINTED ON RECYCLED PAPER #7E. Memorandum Re: Dvorak Variance 11 July 2002 the east. The new garage will be 43 feet from the front property line. Variances are to be evaluated on the basis of Section 1201.05 Subd. 2 of the City Code. The applicant's request appears justified, at least in part, based on the following factors: 1. The substandard area of the subject lot is aggravated by its shape. For example, if the lot lines were 90 degrees to the street, the side yard setback would not be an issue. This illustrates why we now require lot lines to be as perpendicular to the street as possible. 2. The need for the variance is not economic in nature. 3. A two'-car garage is commonly enjoyed by most residential properties in Shorewood. Some cities go so far as to require at least a two-car garage. . 4. The City has in past cases recognized that the inability to have at least a two-car garage in Minnesota constitutes a hardship. 5. The applicants did not create their hardship. Both the house and garage were created prior to current requirements, and the property has never had a two-car garage. 6. The proposed garage is a modestly sized for two cars and is not in any way oversized. In review of this request, we examined the possibility of moving the garage to the north. However, a required exit precludes shifting the garage over. 7. The criteria for granting variances requires that the variance be minimized to the extent possible. To this extent the expansion ofthe old garage to increase the family room size is not justified. The floor plan should be adjusted, leaving the existing south end of the building as it currently exists. . As a final note, staff considered whether to require additional landscaping as mitigation for the variance. There is an existing hedge along the property line already. Any additional landscaping would preclude access around the south end of the garage. Therefore, based upon the preceding, it is recommended that the applicant's request be granted with a stipulation that the family room conversion not be expanded to the south. Cc: Craig Dawson Tim Keane Dennis and Laura Dvorak -2- ~ \ I \ FROG ::t: a. ~ 02 ::t: u \1.\ lTOW RO . 400 I o 400 Feet I ~ N Exhibit A SITE LOCATION Dvorak variance HARDCOVER BEFORE THE PROPOSAL HARDCOVER AFTER House 1,348 Sq. Ft. House Concrete 715 Sq. Ft.. Addition to House Landscaping w. Plastic under 214 Sq. F'C. Concrete Bituminous Driveway 1,665 Sq. F'C. Bituminous Driveway THE PROPOSAL 1,348 Sq. Ft. 653 Sq. Ft. 617 Sq. Ft. 1,169 Sq. Ft. 3,787 Sq, Ft, 3,942 Sq. Fo;:. 11,721 Sq. Ft. 33.6!f, TOTAL EXISTING HARDCOVER TOTAL LOT AREA TOTAL HARDCOVER TOTAL LOT AREA 11,721 Sq. Ft. Ii, HARDCOVER 32.3% % HARDCOVER = - - SMITHTO lfN /?OAf) . VI VI N 85.04'58" E _-125.04-- --- ...- , I . I . 1"')1'- o~ .1'- .q-o 0')" 10 10 z , \ I - CONCRETE BLOCK AROUND TRAMPOUNE . w I = 1 NN FJo 1'-. ~.q- "en 81 zl Remove plastic and replace with mesh fabric CONCRETE BORD AROUND LANDS~~G .n~ 'f- 12- TREE8 !!6' 42.9 40' ORI'o/E - I I FOUND IRON I ..." I \ \ FOUND IRON _-125.29-- N 85.05'55" E ~ .. ...-- I.. 19' 10 2 VI ("I. -- 25 w~ ~ ~ ~ 25 Exhibit B PROPERTY SURVEY , I i I i : , ! '. .J.',-:', I; '.' ."..",>' ..;..--".. ..... .' ,..t.."'~....',,. ' "';:"-:..::::~ ,.:!:"'"'.......'. ........ ~~..,.,.. ..'i...:'.;,..'...... .......,..... ; . .~" """'" ..' : . : : : !: i i . ' ) . ! ' ",/ ./ , , / , ! I . Ii ;- '~.-. ~...,-+-"_."..:-'-_..-1-.'~___~H.'.. i~.._..~-~ _.._J...,.__,i,.,__.+.____.~"__ ---- - 'H." ~ I I ~._..,'""..~,~,. _,..,_+,.__._....!-_..._.~i- .....,.....,;_.._.__ .'__.__ ! ; i i if,;'.;!;!t';:' .~'; a h! .:-:{fJ -]i -,. li:i l : ~,:;~":i=' ~ ! i "1"" ;--. .._w............~ .-+--.i..- ... , _...l i ~. 'ii"'rt~I'j";~ I -- F!f1. '.: htJiY 1-..; ! , . 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"'-', "! ..... ... ~..-_....,.~,.'"'. i : . . i '"'T--~--'--'- - .. _.-.. ~ ......... -~.. .,- --" r- ..._..,,~- -'1'---.-~i-.--.~- .! ................-. .....--..,........... -.- .".....;---..-........-.-. i l . ~. "-1.. <) :-0 'Ll.J {J \~ \.() i I ...__..._._.':H"...._.._ - "-"---"-.O'f--".'~'. I 1< i ,: : ........4-...-,.......,........... .... ! Q)I i' i i ; i .":__',:._~"+Ii..... "",,' .'1"-....i....-r..'.'.: : ~IJ ' ' . /- ' =1~l.=ll1~-.2Ef,.., ~.~;':Qt~' ~.: :~:. . '.-'.' -:r~~T..'~.~::~. '... - . .- ,- - ..'-::'.. -~.~~. ,.---.-.,-. ,Ill I ,I 1 :p' i I lP' , .-';'2fY- =.=2f+t=~=-.f=~.2.~i...~::-.= , ; r" r-' .1-....~....._....,.:. .,--,. .... ..... ;"';" .. i.... l l , .' i.', / : / i : , i "'>..". ',/ ; /i . . . : . ; : ' , : : , ! : : . ! . . , : , .. I I : : j i . ;.' : .. " . .. , : . ..... ...J. ~.. : i" : . : <... . ", '. : .. 1 ! . . , : . , : : i - ___,_.L.,~,_.. . . ......./ " .:. ~' i \\ '\ ~t '\'\. ~{o,. \;t . . : .,. ; ';', ! , .' ,. ... .... ""', .I ". ....... ,.~~/'".o ../i" .' ./ .... .../...... :./ l.'" .... ';;.' it . (";';~~ : ~,,;~~ . i ..,. ..... "-','" f.. ..--.,.--.'--,..--- ---...-..... ...;..-+....+--4; .. _.:....~. ....L. eJ..l.,.'-,. -[.._L.... T' , ,.+_..i_._._:~ ."-~....-......-.B.--i...\ _..~. ......-..--, .-....-..+--t......- ....--.;.-......----.. ....... .............,..-....:;~'--T._.j--..:.. ;{1 dli;' .. .1 " "I. "" I..' . r---.. . '.. ....._._..... .,.....,.... ., ',. __;___ 1.. _ ",,"__. i. .. .. ..~. t _.: .,~;. .. : --. .. r - _.. ~ 1 - ., -.'. Exhibit C PROPOSED GARAGE - FRONT VIEW June 4, 2002 To the Planning Commission and City Council of Shorewood; We have lived in Shorewood for 13 years and have come to value our location for all the amenities available to our family. Our four children have enjoyed the proximity to parks and other recreational facilities as well as their attendance at District 276 schools. For those plus financial considerations, we would prefer to modify our residence rather than trying to relocate to answer needs dictated by three children growing into adolescence. We are requesting a variance of four feet on the south end of our property. . We feel our proposal, if accepted, will serve our family's needs without major impact to adjacent properties. The four-foot variance towards our south side property line leaves room for a walkway to the backyard and will allow for converting a current single car garage into a family room. Granting of the variance would also allow for construction of a two-car garage necessary for a two-worker family living in a state with severe winters. Due to the shape and size of our lot, the north and west sides do not give us a practical option for building, so we are restricted to this solution to serve our growing family's needs. Our neighborhood on Echo Road consists of 27 properties. Twenty-two of which currently have double garages and 5 of us with single car garages. Sincerely, Dennis & Laura Dvorak . Exhibit D APPLICANTS' REOUEST LETTER Dated 4 June 2002 " ~ t .. \ \ Df-t\r\ I _ . S;+ 'tv 7A~ r r .. I i I ! i I ! I ! r'. - "- . ./ I ~ , -;- ~ - -~ --:t- "("\ ..... ~ 0- J -0- '. .,,~ -E ;.. ~ 1 ,'~, b ....... : .. i --------,-- r ;'-"o';--r ,r-I -;,. T :.. ~..-- -. - -J.. T 1---- ii, ~ I ~ ! I , ... .j. i <it _~ _~ ! .' .. f}i.j~, 1 i '- -..-- .-t r.t.! j-- l' ", l '~4'--'>' -1 .~ ... '-J j' ~ . .:1 ..cr- . ....w .... T f: , I "-"----'i ---..--.--.-.---- l' I . i i P2 ..E ili I ::' .; ::r; -~l I I ..; .) I I I . - n. '-b - ~ tl U1 :~ ___.~I. [1 _...J.. ..- '<---:U-.. [ :::::. J , i I )1 ~ I "l'- -~ 1- ......... I-:--,---~ J.. I --, '... ::"'.----" '-'--1* /. i l,. .... .--- '.' '. J ~t -.- I ~:. -:'1'- . ...... .-.---. ~~ ._) :,.....,-;....., ~~- . i:: -~- ;.. k J, )~ ! ". It... I -.>.- < ~ ~ 1 . T ~~i~:k-,"l':;o- t,_ . ''< / I J;" , . - ,-. ~ I t'~.' I ~ r <--:1 '~~ ~-1 , -:... r -, t .~ ~ s ~ '> \.. C -.-----~T vi --~ Exhibit E FLOOR PLAN EXISTING I ., " . + .\fJ Q) 3 . I -. 1'" ( I \ - i 1 \ ..j.. , ; -ro ^ f. ....... i . i ~ ~~ X c ~ .;;. ,- ~ ~I S l' !l.: ~\~ .-.-L. ~-.~ ~_.~ .~ ~~ [: ".:1', -a ? ? ( I It I ! i ; ~ \ .. \ o-! , ' ....y'. \ 1'(')1 i I I I \ '\ I T t I i \' ,,( (-(. -Jf VI <0\'7 \,4 ~X'3 '^"'2i . \M ~-j. "~f ...k .~ ~. \ " .. "'_....... .................... ..... .....,......... ...\. . ...\.~ ....\ \. ..\..~\._.~."-\--\.-\..:-+-...\ -"Y'" " ~ "- ... ,"" . \)ed1e S .c ..;.... L~ "'$ v c-....---...-.... -..-..-.,. ,..... ......... .. .--.... ..-----1. ~J. (l o t ",0 r . I '-- U '. NoM- ~ ~o\-+o tJC4 ~ " i .../ -~....- ../ to ~-~ ! i' r j ~/.. .rt. (( r Exhibit F PROPOSED FLOOR PLAN " . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www,cLshorewood,mn,us. cityhall@cLshorewood,mn,us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 9 July 2002 RE: Ohland, Dan - Interim Use Permit FILE NO.: 405 (02.22) BACKGROUND . Mr. Dan Ohland owns the property at 25070 Smithtown Road (see Site Location map - Exhibit A, attached). In addition to his home, Mr. Ohland uses the property to operate his landscape excavating business. Although this use of the property was approved by conditional use permit several years ago, it has become a nonconforming use under current zoning regulations. While the business is considered to be "grandfathered in", any kind of expansion to the business or the residential use ofthe property is prohibited while the business exists on the site. Mr. Ohland now wishes to either substantially remodel and increase the size of the home or build a new home on the site, as shown on the attached exhibits - B through D. He is not yet in a position to quit or relocate his business, but has indicated a willingness to do so in three years. Upon consulting the City Attorney, staff advised Mr. Ohland that a variance was not an appropriate zoning tool to address his request. As an alternative the Attorney suggested that an interim use ordinance could be used to accommodate Mr. Ohland's plans. Although Shorewood's current Zoning Code does not contain interim use provisions at this time, the subject has been discussed in the past, most recently as the Planning Training Session hosted by the City last Spring. A public hearing has been scheduled for 16 July to consider an interim use ordinance. At that same meeting, the Planning Commission will be asked to consider Mr. Ohland's application for an interim use permit. o PRINTED ON RECYCLED PAPER #7F. Memorandum Re: Ohland Interim Use Permit 9 July 2002 The subject property is zoned R-IC, Single-family Residential and contains approximately 84,410 square feet in area. As shown on Exhibit B, the property is irregularly shaped, having no frontage on Smithtown Road. Its access is via an easement across the property to the south of it. In addition to the applicant's home, the property is occupied by a 30' x 40' accessory building used as a shop for his business. Heavy equipment is parked on the north side of the shop and landscape materials are stockpiled elsewhere on the property. ANAL YSISJRECOMMENDATION . Interim use provisions are typically used to allow temporary uses of land, pending some higher future use. For example, a city may allow a driving range on a large vacant parcel of land that is ultimately intended for future office or retail activity. Some cities use this type of ordinance to provide for short-term events, such as festivals or recreational events. It is quite likely that Shorewood's main purpose for an interim use ordinance would be for the control and elimination of nonconforming uses. In this case Mr. Ohland's alternative to obtaining an interim use permit is to build a new home elsewhere and sell off the business in its current location. This would allow the nonconforming use to continue indefinitely. An interim use permit can provide a contractual arrangement whereby the nonconformity can be eliminated within a specified period of time. It is recommended that the excavation business would be discontinued within three years of the date the applicant receives a building permit for the construction on the house. . A zoning ordinance text amendment is attached for your consideration as Exhibit E. It is recommended that interim uses be processed similar to conditional uses. Subject to standard public notice, the Planning Commission would conduct a public hearimg, upon which it would make its recommendation to the City Council. Council approval would require a simple majority vote. In all cases a development agreement would be executed between the applicant and the City. Whereas conditional use permits continue with the land, interim use permits have a specific termination date. The adoption of the attached amendment and the approval of an interim use permit for Mr. Ohland is suggested as a reasonable approach to resolving Mr. Ohland's problem, while at the same time expediting the elimination of a nonconforming use of residential property. Approval of both the ordinance and the permit are recommended. The condition of approval is simply that the business would be discontinued within three years of the applicant obtaining a building permit. Cc: Craig Dawson Tim Keane Dan Ohland -2- RO 400 I o 400 Feet I ~ N Exhibit A SITE LOCATION ~ ~ .., ~ 111 ~1!- ~ ~ J) ; ~~ 'l; 2; .- --- ___N,"...:a'S4-"W , /' EMi.,.. l.,~ tJF ("r f7,,fw. 6116. ON. ~./iJ3 5'1.2&--- ___ NI"4a'S!I'W ;~ ~ ") o :t. ~ .l -+ . . -'() ~ , , ~ ,- , .. ( . .'\:<j" L ,.:;. ,.-:-CoRAVEL ! :., .'", ,. r .1' , . ""l ' , '" '..J. . '.' ..' _ __ NI"''l8'S....W 3'l'lAa - -- I hereby carIIIy that this Is a true and correct repruentallon of a survey of the bounderles of: ~: That part of the ~at 111.1 feet of Lot 17, Alldllor's SubcIIVlslan Number One Hundred Thlrty-Th_ (133), Hennepin County, Mlnnes_ lying Northerly of a line drawn parallel 10 and distant 571 feet South of the North line thereat. Togellter with an _eat fOr IIrIwway purposes CMIl'the West 15.5 feet of 1hat part of said Lot 17 lying Southerly of the NorlheJty 571 feet thereof as contafned In deed Doc. No. <1088S1, flies of Registrar of l1tItts; ~ TI'IICt C Registered Land Survey No. 1190, FlIes' 01 Reglatrar 01 TItle., County 01 Hennepin. A~":~,~.:C~:, ~_~I~ ~~~~~. th.reo~ and all VISI~Je 11 T# " . ./ . .., Ilr.!.OS - 45' Df,U/EWAy GA6EMOl'r ooe.. 10M. 4#885/ Q.lUIV&L_ , !..I"3lfW > .o.r.oa MeJlSIIRetI V ;,0.00 RLS ! '\ ~ ... z < ~ ~ CI) - lXl:>-C ]g; ~~ I:I.:lCl) ---'1 If e ;:r: z~:. -' E-<' rJ)' ~. ~I :Ill E-c. ~! .,.,,$1 ~.t J1 " -. . .~'\"l ~ ~ ;:)11: (I).~ 15 fa UJa: !;(! ow ii:g: .~ UJ o ~ ~ . . ~ ~ ~ ~I J Cft., . ~I~ :1 ~ ~.~ ~.:..... ..1 '\J :\.) ,,. Exhibit C PROPOSED HOUSE ELEVATION . "tI';l!'1 ~ .1' 1lW"":/0t7'" '1;\ l/o;'f!J -' ~ ~ ~t 't~ ~l I ~ ~!Il ~~ .. ~ _I l Exhibit D PROPOSED FLOOR PLAN Note: Attached is a sample interim use ordinance from the City of Plymouth. It appears to be based on a model being used by a number of cities. This will be modified and put into Shorewood's Code format. Upon completion it will be delivered under separate cover - bye-mail for those who have it, and by snail mail for those who do not. . . Exhibit E DRAFT INTERIM USE ORDINANCE Page 1 of2 This document is also available in PDF format. ~:,.,J_> """. ....;"......:.!...'...~. ". . .~ ,I.},. ~. '\Ii r~ '~. ,{t"';:'lf" .......,#i ""'~)' "~.......", ~ l"~', .r,,. . ,.,J,1, l;/ ..l J~ ", ,"/ SECTION 21020 - INTERIM USES 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: Subd. 1. To allow a use for a brief period of time until a pennanent location is obtained or while the pennanent location is under construction. Subd. 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 will be replaced in the future by a pennitted or conditional use allowed within the respective district. . Subd. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. 21020.02. PROCEDURE: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures. for a conditional use pennit as established by Section 21015 of this Chapter. . 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards ofa conditional use pennit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd. 2. Confonn to the applicable general performance standards of Section 21015.04 of this Chapter. Subd. 3. The use is allowed as an interim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. . . Subd. 5. The use will not impose additional unreasonable costs on the public. Subd. 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. http://www.cLplymouth.mn.us/cgi-bin/fufu.asp?file=/Reference/.../21020-INTERIM_USES.ht 7/10/02 . . Page 2 of2 21020.04. TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever occurs first: Subd. 1. The date stated in the permit. Subd. 2. Upon violation of conditions under which the permit was issued. Subd. 3. Upon change in the City's zoning regulations which renders the use non-conforming. Subd. 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. 21020.05. CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates. contact@cLplymouth.nm.us http://www.ci.plymouth.mn.us/cgi-binlfufu.asp?file=/Reference/.../21020-INTERIM_USES.ht 7/10/02 .page 1;) 01 j/ conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. ~ Interim 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 Use Permit: A permit issued by the City Council in accordance with procedures specified in this Chapter. Land Reclamation: The process of the re-establishment of acceptable topography (Le. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land. Landfill: A type of operation in which earth is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. . Landscaping: Plantings such as trees, flowers, grass ano shrubs and improvements directly related thereto. Loading Space (Off-Street): A formally delineated space, area, or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a vehicle or truck while loading or unloading merchandise or materials. Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spa<?es as are herein required. . Lot (of Record): A parcel 'of land, whether subdivided and/or otherwise legally described and recorded prior to the effective date of this Chapter, or approved by the City as a lot subsequent to such date and which is occupied by or intended for occupancy by one (1) principal building or principal use together with any accessory buildings and such open spaces as required by this Ordinance and having its principal frontage upon a street. Lot Area: The total land area of a horizontal plane within the lot lines. Lot, Base: Lots meeting all specifications in the zoning district prior to being subdivided into a two family dwelling, townhouse, or mailor home subdivision. Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees. Lot Coverage: The area of a lot occupied by the principal building or buildings and all accessory buildings, but not including uncovered porches, decks, ground level landings, landscape structures or recreational facilities. Lot, Depth: The shortest horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries. http://www.ci.plymouth.mn.us/cgi-binlfufu.asp?fil.../21005-RULES_AND_DEFINITIONS.ht 7/10102 .. ;; . . Draft - Interim Use Ordinance Definitions: 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 CONDmONAL USE PERMIT: A permit issued by the City Council in . accordance with procedures specified in Section 1201.04 of this Code. 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. (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 shall 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) Limiting the height, size or location ofbuildings~ (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~ -2- . ~ (7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 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. . . -3- FILE COpy Memorandum 4 To: Bradley J. Nielsen, Planning Director From: Mary Carlsen/James Dahl 5680 star Lane Date: 07/13/02 Re: Dan Ohland, 25070 Smith town Road . This memo is to reiterate James Dahl's voice mail message he left for you earlier. We do not mind if the Ohland's make improvements to their home but there needs to be some conditions as to the noise levels of his business. We come home after a day of work to sit out on our quiet deck and routinely from approximately 6-8 we have to hear the arrival of large construction vehicles. This occurs on Saturdays and even Sundays. It is especially frustrating when we are entertaining. We would approve of the improvements under the condition that the Ohland's business noise be restricted to Monday through Friday, 0700 ....:T700.hours. Weekend and Holidays should be excluded. We feel the Ohlandsare v-ery.&ood.neighbDrs! Thank you. . 1 MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 TelepllOne: (952) 835-3800 FAX: (952) 896-3333 TO: Mayor Woody Love Members of the City Council FROM: Tim Keane, City Attorney DATE: July 17, 2002 RE: Stan Taube Request Relating to Condemnation Proceeds . At the direction of the City Council, Councilmember Lizee, Craig Dawson, Larry Brown and I met with Stan Taube to discuss the condition in the resolution of approval of the Shorewood Village Center project requiring the return to the City of monies escrowed for the acquisition of temporary construction easements and permanent rights-of-way. As you recall, the City did require the dedication of the permanent rights-of-way as a condition of the approval of the Shorewood Village Center plat. At the time of the quick-take proceeding the City escrowed with the court its appraiser's estimate of damages for the right-of-way taking in the amount of approximately $78,000.00. This estimate reflected both the temporary taking and the permanent easement. As provided by law, Stan Taube took possession of this estimate of damages at the same time the city took possession of his property. At the time of approval of the Shorewood Village Center/CUB project, Mr. Taube objected to the return of the $78,000.00 for property that he was required to dedicate. . After hearing Mr. Taube's fairness arguments, the consensus of the group was to make the following recommendation. The condition of approval to return escrowed sums for damages shall remain in effect, subject to the following limitations: a. The escrow shall be reduced by the documented out-of-pocket expenses incurred by the property owner in the condemnation process for legal and appraisal fees (estimated to be $17,000.00). b. The property owner may retain the estimate of damages for temporary and construction easements which adversely affected the property during the duration of the highway improvement project (estimated to be $17,000.00). Should you have any questions relating to the foregoing, please contact me at 952-896-3203. cc: Craig Dawson Stan Taube -4f1H 782193.1 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Liquor Committee July 18, 2002 Report on Status of Tonka Bay Liquors . The Shorewood and Tonka Bay liquor committees met jointly on Wednesday, July 17, to discuss the future operations of Tonka Bay Liquors. We hoped to gain some certainty about the likelihood of continuing our partnership in the operation, or some idea of when the Tonka Bay City Council would make a decision about continuing the municipal off-sale enterprise. Answers to these questions are critical, because: . Staffing configurations may need to be changed, and we are currently short-staffed . The Shorewood Village store lease will be renegotiated, as it expires at the end of this year. Especially if there were a two-store system, it would be prudent to consider leasing a larger area at that mall. . Construction of the CRl9/Smithtown/Country Club intersection should begin this fall, and removal of Tonka Bay Liquors would be one ofthe first things to be done (and perhaps as early as October). . Tonka Bay Liquor Committee reported that the Tonka Bay City Council believes any discussion about future liquor operations remained premature, as those decisions would be predicated upon whether Tonka Bay received fair compensation for the liquor store property as part of the intersection project. The Committee believed the Council would want to retain liquor operations, provided that it made business sense to do so. If the numbers did not work out, Tonka Bay would likely discontinue the off-sale liquor enterprise. Shorewood Liquor Committee reiterated its concerns listed above, and indicated that it would seriously need to consider recommending that the Shorewood City Council terminate the agreement to operate Tonka Bay Liquors (absent any decision by Tonka Bay in the near future). Tonka Bay Liquor Committee asked Shorewood Liquor Committee to appear at the July 23 meeting of the Tonka Bay City Council, so that the Council may be fully apprised of the issues. We indicated that we would attend that meeting to discuss continuation of our partnership. City Council Action: The Liquor Committee seeks comments and direction about setting a course and/or date to make the decision about continuing the relationship between Shorewood and Tonka Bay. {) PRINTED ON RECYCLED PAPER :It 8A . 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: July 17,2002 CC: Mayor and Council Members Jean Panchyshyn, Deputy Clerk ~ ~ Craig W. Dawson, City Administrator tJJ Park Commission Appointment TO: . FROM: RE: Earlier this evening Council interviewed two candidates for the Park Commission opening vacated by Dan Puzak. The Park Commission appointment to be filled would run through January 31, 2004. The following two candidates were interviewed: . Andrew Fletcher - 26130 Oak Leaf Trail . Sue Davis - 5495 Va1leywood Circle Council Action . Council may appoint one of the candidates interviewed earlier this evening, or it may determine to continue to advertise the position and conduct future interviews. Should an appointment be made at tonight's meeting, a motion to adopt a Resolution making Park Commission appointments is in order. #'88 ft ~J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 02-_ A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Park Commission; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said commission. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Park Commission effective July 22, 2002 with the term expiration as indicated: Park Commission: Member 1. Term January 31,2004 . Said appointments complete the seven member Park Commission which consists of the following additional members: Member 2. Pat Arnst 3. Howard Young 4. Paula Callies 5. Mary Lou Meyer 6. Scott Bartlett 7. Nancy A. Palesch Term January 31, 2003 January 31,2003 January 31, 2004 January 31,2004 January 31,2005 January 31,2005 . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of July, 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: July 16, 2002 RE: A Resolution Rejecting Bids for the Freeman Park Parking Lot and Access Closure Engineering File 00-04 Bids were received and opened on July 17, 2002, for the Freeman Park Parking Lot and South Access Closure to Trunk Highway 7. Table 1 below is a summary of the bids received. . Contractor Bid Amount DMJ Corporation Bituminous Roadways Midwest Asphalt Corporation $ 257,471.50 $283,942.55 $ 247,687.35 Table 1 The Engineer's estimate is $168,316.50. Due to the vast discrepancy, between the Engineer's estimate and the bids provided, Staff returned to the estimate to determine if the bids were high, or if the estimate was low. Results of the analysis indicate that the bids were extremely high compared to unit prices experienced previously in the market plac~. Staff also checked with other cities to inquire as to their recent bid results. Interestingly enough, all of the other cities are suddenly faced with similar results. Many bids are being rejected due tot he inordinately high prices. One municipality recently received bids twice the engineer's estimate on a one million-dollar project. n ~~ PRINTED ON RECYCLED PAPER :fI.1Pr Mayor and City Council Freeman Park Parking Lot July 17, 2002 Page 20f2 Staff also inquired of contractors as to why prices were inflated. Responses received were that increases in fuel pricing have impacted all of the material prices. Staff also made general inquiries as to whether spring bidding would result in a better bid climate. The response received was "No." Based upon the current fuel increases, the economy, and higher labor costs, it is very unlikely that spring will resultin a lower price. . Staff contacted MN/DOT to verify that if the bids were rejected, that the State's portion of compensation for the access closure would still be available in the spring. The State confirmed that the dollars have already been encumbered, and will be available in the spring, should the City decide to reject the bids and re-bid in the spring of2003. . Staff has weighed the impacts of rejecting bids, and bidding next spring. Certainly, performing construction in the fall opposite the sports seasons has several advantages. However, the high bids received support rebidding this in the winter-spring of2003. Recommendation Due to the high bids results received, Staff is recommending approval of the resolution that rejects all bids and authorizes the return ofthe bid bonds. A resolution is attached for your consideration. . CITY OF SHOREWOOD RESOLUTION NO. 02-_ A RESOLUTION REJECTING BIDS FOR THE FREEMAN PARK DRIVEWAY CLOSURE, PARKING LOT IMPROVEMENTS AND APPURTENANT WORK CITY PROJECT NO. 02-04 WHEREAS, pursuant to Resolution No. 02-053 adopted June 10,2002, an advertisement for bids for the Freeman Park Driveway Closure, Parking Lot Improvements and Appurtenant work, City Project No.02;..04 was published, bids were received, opened and tabulated on July 17, 2002,at 10:00 a.m. according to law (such tabulation is attached hereto and made a part hereof as Exhibit A); and . WHEREAS, the City Council has determined that the bids submitted were in compliance with the plans and specifications published. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby directed to reject all bids received for this project due to bids exceeding engineers estimate by a substantial amount. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with said bids. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of July, 2002. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk City of Shorewood Bid Tabulation Freeman Park Parking Lot City Project 00-04 Bids Opened: 10:00 A.M. 17..Jul-02 Engineer: City of Shorewood ~ ~57 47/.r:JQ l 1 DMJ Corporation 2 Elk River Concrete 3 Hardrives, Inc. 4 J 5 5 6 7 ,8 9 10 11 12 13 14 15 Engineers Estimate I d.-L{, fo'J 7.35" es 11 Cl6(.f)) 9 4:< .55 $168,316.50 I hereby certify that this tabulation is a correct and' true representation of the bids received on this date for this Improvement Project ~...."....._--. .......... ~ ... . (#:U- ;J~d1~1Zt- Jeclh Panchyshyn . Deputy City Clerk awrence Brown, Director of Public Works/City Engineer 7/l7/02- Date / -/7-0,;;z Date . . JUL-1S-2002 11;10 WSB & ASSOCIATES INC. 7635411700 P.~~/~4 PROJECT: Freeman P,rk Driveway Olosure, Parking Lot Improvements, and Appurtenant Work City of Shorewood Project No. 00-04 LOCATION: Shorewood, MN WSB PROJECT NO(S).: 1074-48 Bids Opened: Wednesday, July 17,2002,10:00 a.m. Contractor Bid Security Total Bid , Midwest Asphalt Corporation 2 Bituminous Roadways, Ino. 3 DMJ Corpcratiqn $247,687.35 $283,942.55*'* $257.471.50 x X X Engineer's Opinion of Cost $169,832.50 I hereby certify that this Is a true and correct tabulation of the bids as rec"lved on July 1 7, 2002. <c=)~4'~ David E. Hutton, P. 'f Project Manager ** Denotes corrected figure Seleot link to bring UD recommendation Itr to City Select link to bring UD Itr to all hi bidders F:IWPWlM1074-481Exoen1074-41 SldTab1lSum",,,ty