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021102 CC Reg AgP 't ~ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 11, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel Lizee Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 28,2002 (Att.#2A Minutes) B. City Council Regular Meeting Minutes, January 28, 2002 (Att.-#2B Minutes) C. City Council Work Session Minutes, January 28,2002 (Att.-#2C 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. Supporting Continuation of Hennepin County CDBG Funding for Senior Community Services (Att.-#3B Administrator's memorandum, Proposed Resolution) C. Appointing Tad Shaw as City Representative on the Minnetonka Community Education and Services (MCES) Advisory Board (Att.-#3C Administrator's memorandum, Proposed Resolution) D. Approval of a Zoning Code Amendment Regarding Hard Cover Limitations for Properties Outside the Shoreland District (Att.-#3D Proposed Ordinance) E. Establishing May 18,2002 as Spring Clean-Up Day (Att.#3E Public Works Director's memorandum) F. Approval of a Massage Therapist License for Catherine Fogarty (Att.-#3F Planning Director's Memorandum) .. , " .. . .. CITY COUNCIL AGENDA - FEBRUARY 11, 2002 PAGE20F2 G. Approval of Full-Time Liquor Clerkjob description and authorization to hire (Att.-3G Finance Director's Memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative 6. PLANNING - Report by Representative A. Approval of Subdivision Ordinance Revision (Att.-#6A Proposed Ordinance) B. Approving the Publication of the Subdivision Ordinance ReVision by Title and sUmmary (Att.-#6B Proposed Resolution) 7. GENERAL 8. ENGINEERING/PUBLIC WORKS A. Inter-Agency Utility Agreement with the City of Tonka Bay (Att.-#8A Public Works Director's Memorandum, Proposed Resolution) 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Liquor Committee Update B. Mayor & City Council 10. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 11 February 2002 A Work Session will immediately follow the Regular Council meeting . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This resolution supports the continuation of Hennepin County Community Development Block Grant (CDBG) funding for the Southshore Senior Center programs. Approval requires a simple majority vote by the Council. Agenda Item #3C: On January 28,2002, Council interviewed Tad Shaw for reappointment to the MCES Advisory Board. Approval of a resolution to appoint Mr. Shaw to this position for the year 2002 requires a simple majority vote. Agenda Item #3D: This is the Code amendment adopted at the last meeting, in its final format. Adoption requires a four-fifths vote by the Council. . Agenda Item #3E: This motion establishes Spring Clean-up day as May 18th. Staff is recommending approval. Agenda Item #3F: Catherine Fogarty has applied for a massage therapist license to do business at 19285 State Highway 7. She complies under the ordinance that was adopted last July. Approval requires a simple majority vote. Agenda Item #3G: Liquor Ops Director Don Swandby has identified a need for a Full-Time Liquor Clerk position. The Liquor Committee recommends a motion adopting this job description and authorizing the posting ofthe position with intent to hire. Agenda Item #6A: Over the past few months the Planning Commission has reviewed and now recommends a complete redraft of Shorewood's Subdivision Regulations. The chapter being replaced is 30 years old. Staff will present a summary ordinance on Monday night for purposes of publication. Approval requires a simple majority vote. Agenda Item #8A: This agreement is between the City of Shorewood and Tonka Bay for the City of Tonka Bay providing portions of Shorewood municipal sanitary sewer and water n ~~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 11 February 2002 Page 2 of2 services. The agreement updates the current contract, which is quite dated. ill summary, the agreement states that a residence desiring the use of the Tonka Bay facilities will be charged at the same rate as the residents in Tonka Bay receiving the same benefit. Staff is recommending approval ofthe resolution that adopts the agreement. . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 28, 2002 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:00 P.M. MINUTES 1. CONVENE SPECIAL MEETING ~U~f1 Mayor Love called the meeting to order at 6:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator. Dawson Absent: None . B. Review Agenda Mayor Love reviewed the Agenda, noting the purpose of the meeting was to interview Mr. Tad Shaw for reappointment to the Minnetonka Community Education and Services (MCES) Advisory Board and discuss MCES as it related to the needs of the City. 2. INTERVIEW CANDIDATE FOR REAPPOINTMENT TO MCES ADVISORY BOARD . Mr. Tad Shaw, of 5580 Shore Road, was interviewed for reappointment to the MCES Advisory Board. As part of reappointment to this position, Mr. Shaw agreed to report to the City Council on February 25, 2002, to meet with the Park Commission on February 26, 2002, and also provide quarterly reports to the City Council regarding matters considered and actions taken at the MCES Advisory Board. The Council and Mr. Shaw discussed the transformation of the role of the MCES Advisory Board during his current term as its president. 3. ADJOURNMENT Lizee moved, Zerby seconded, adjourning the City Council Special Meeting of January 28, 2002, at 6:23 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Woody Love, Mayor Craig W. Dawson, City Administrator :ir JIf 4;' . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES r"""t'41 ~\\I\f \ 1. CONVENE CITY COUNCIL MEETING Mayor Love convened the meeting at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:02 P.M.); Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, An Amendment to the Police Building Lease Agreement, be added to this evening's Agenda. He also requested that Council hold an Executive Session this evening regarding ongoing litigation. Garfunkel moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 14, 2002 Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of January 14,2002, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 14, 2002 Lizee moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of January 14, 2002, as amended, on Page 5, Paragraph 2, Sentence 2, change "Motion passed 5/0" to "Motion passed 3/2, with Lizee and Zerby dissenting." Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded, Approving the Items Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Request to Allow the Wells Fargo Half-Marathon to Traverse the City on Sunday, May 5, 2002 ~-j/: ,. /') 0 I ,/Z D -. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 2 of7 C. Adopting RESOLUTION NO. 02-008, "A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database (EPDB ) Conditional Use License Agreement with Hennepin County." D. Adopting RESOLUTION NO. 02-009 "A Resolution Approving Tree Trimmers Licenses for Year 2002." E. Adopting RESOLUTION NO. 02-010, "A Resolution Authorizing the City to Apply for 2002 Recycling Grant and Execution of Contract." F. Authorization to Acquire Blower Unit in Exchange for Disposal of Groundsmaster Unit G. Adopting RESOLUTION NO. 02-011, "A Resolution Approving a Request for Parking by Permit Only Zone on Merry Lane." H. Adopting RESOLUTION NO. 02-012, " A Resolution Making Planning Commission Appointments and RESOLUTION NO. 02-013, "A Resolution Making Park Commission Appointments." . 1. Approval of an Agreement for Prosecution Services for the Years 2002-2003 and Approving a Letter of Agreement Regarding Forfeitures Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented by the audience this evening. 5. PARKS Commissioner Meyer reported the Park Commission had not had a meeting since the most recent Regular City Council Meeting; thus, there was nothing to report at this time. . 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the January 15, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Hard Cover Limitations for Properties Outside the Shoreland District Director Nielsen explained this matter had been continued from the December 10, 2001, City Council Meeting due to concerns raised at that meeting regarding the impact the proposed regulations would have on existing development. Director Nielsen noted the proposed regulations would require most residential properties not in the Shoreland zoning district to have a maximum ratio of impervious surface-to-lot-area of 33%. Most commercial developments would be allowed ratios from 66% to 75%, based on satisfying certain criteria described in detail in the proposed regulations. He also noted Staff had been directed to research selected sites for purposes of comparison with the proposed standard. He then presented examples demonstrating how the established requirements limiting the amount of hardcover for properties not affected by Shoreland management regulations would impact various existing properties. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 3 of7 Mayor Love thanked Director Nielsen, Staff, and the Planning Commission for efforts made in considering this matter. He commented there was no greater environmental issue affecting so many non- lake shore properties in the area, as stormwater runoff from all properties drained to the lakes in the area. Garfunkel moved, Lizee seconded, Approving the Draft Ordinance Amending the Zoning Code regarding Hard Cover Limitations for Properties Outside the Shoreland District. Motion passed 5/0. B. Approval of a Comprehensive Plan Amendment Addressing a New Public Safety Facility . Director Nielsen reviewed information pertaining to this matter, noting the Excelsior Fire District had purchased property at 24140 Smithtown Road for use as a Public Safety Facility housing fire and possible police departments for the South Lake Minnetonka community. He noted the property contained approximately 6.75 acres and was located in a Single and Two-Family Residential zoning district. Further, he explained, the Land Use section of the Comprehensive Plan would require amendment changing the land use designation for the site to "Public" from "Low to Medium Residentia1." In addition he noted there were changes required to the Comprehensive Plan in the Community Facilities/Services chapter regarding the need for updating both police and fire facilities. As part of these changes, reference would be made to protecting the residential neighborhood to the east and orienting the majority of the activity to the Public Works maintenance drive and away from Shorewood Lane. Councilmember Zerby questioned whether this property would be held to the same requirements of screening and landscaping as other properties being developed within the City. Director Nielsen responded affirmatively. Mayor Love stated public facilities were always held to high standards regarding those issues and the neighbors to the east were absolutely being considered as part of the development of the project for that site. . . Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-014, "A Resolution Amending the Shorewood Comprehensive Plan Regarding the Location of a New Public Safety Facility." Motion passed 5/0. C. Approval of a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Director Nielsen reviewed the historical information pertaining to this matter, noting the applicants lived at 5790 Christmas Lake Point and had purchased the home next door at 5795 Christmas Lake Point. The applicants proposed to demolish the existing house at 5795, combine the two lots, and add on to their existing house and garage. Since the total amount of garage space on the site would exceed 1200 square feet of floor area, a Conditional Use Permit was being requested. He noted the property was zoned Single-Family Residential/Shoreland and contained a total of 113,303 square feet of area (2.6 acres) between the two lots. The applicants proposed adding 2415 feet to the main level of the home, with approximately the same floor area on the lower leve1. The total main floor area would be4875 square feet. The new garage space would contain 938 square feet, bringing the total area of accessory space to 1638 square feet. Director Nielsen reviewed the criteria relating to this request, noting the amount of hardcover on the site would be reduced as a result of this project. In addition, he noted the applicants' architect had been very REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 4 of7 careful to comply with the 20-foot bluff setback. The grade on the east side of the house would be restored after the old house would be demolished. Nonconforming structures near the shoreline on the east side of the lot would also removed as a condition of the building permit. Architectural compatibility was not considered to be an issue. For these reasons, he recommended approval as presented. He also noted Mr. Jody Keppers, architect for the Hagens, was in attendance this evening, and would be available to answer any questions from Council. Zerby moved, Turgeon seconded Adopting RESOLUTION NO. 02-015, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Russell and Luaina Hagen, 5790 Christmas Lake Point." Motion passed 5/0. D. Consideration of an Appeal to a Zoning Violation Letter Director Nielsen explained a complaint had been received alleging the property owner at 25340 Smithtown Road had erected a sign advertising a home business. Finding the allegation to be accurate, City Staff sent a zoning violation letter that directed removal of the sign. The owner of the property appealed the letter, objecting to the City's complaint driven enforcement policy, and requested the signage be allowed to remain. Director Nielsen sited two other instances where removal of similar signage had been required. He also noted if signage was found to be located within the City right-of-way it would be removed. He questioned whether the City's policy regarding complaint driven enforcement in matters such as this one should be changed to another more aggressive approach. After a brief discussion, Council indicated consensus for the current policy of complaint driven enforcement in these matters to remain in place. Councilmember Zerby commented he frequently observed the signage on this site in his daily travels, and noted it had become more permanent over time. Garfunkel moved, Turgeon seconded, denying the Appeal to a Zoning Violation Letter. Motion passed 5/0. 7. PUBLIC HEARING - ESTABLISHMENT OF REDEVELOPMENT PROJECT NO.1 AND REDEVELOPMENT PLAN Administrator Dawson explained the Excelsior Fire District (EFD) had identified the property at 24140 Srnithtown Road as the best geographic location for the west station in a two-station system to serve its five cities. Since the acquisition of the property for this purpose, the councils of the four member cities of the South Lake Minnetonka Police Department (SLMPD) had made commitments also to build a new police station on the property. The redevelopment project would be known as the South Lake Minnetonka Public Safety Facility, in which the police and fire departments would be jointly housed. He noted, with shared facilities and a common site, it was estimated that approximately $1 million would be saved compared to constructing facilities on separate sites. He then reviewed the involvement of the Shorewood Economic Development Authority (EDA), and explained eligibility requirements for an EDA project such as this one. He also noted State statutes required the Council to receive comments from the Planning Commission, EDA, and the public, as it considered whether to approve the Redevelopment project. He explained consideration should be given to how the proposed Redevelopment project would or would not conform to the "general plan (Shorewood's Comprehensive Plan) for the development of the City as a whole." He also stated the Shorewood EDA had reviewed and given approval for this project in a previous meeting held earlier this evening. The site plan for this project would be available at a later date. . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 5 of 7 Mayor Love opened the Public Hearing at 7:38 P.M. Seeing no one present wishing to comment on this matter, he closed the Public Hearing at 7:39 P.M. There was no further discussion of this matter by the Council. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-016, "A Resolution Approving the Establishment of the Redevelopment Plan for Redevelopment Project No. 1." Motion passed 5/0. 8. GENERAL A. Amendment to SLMPD Joint Powers Agreement . Administrator Dawson explained in the last two months of 200 I, the councils of the four member cities of the South Lake Minnetonka Police Department (SLMPD) had adopted resolutions committing themselves to building and funding a new police station adjoining the new main/west station of the Excelsior Fire District. He noted there had been a great deal of time and effort in the past six weeks to reconcile provisions of the resolutions and transform them into an amendment to the Joint Powers Agreement for the SLMPD. He then reviewed funding and leasing arrangements with regard to this project as part of the Third Amendment to the Joint Powers Agreement. Mayor Love commented this amendment seemed to work in the best interest of all member cities to' continue to move the project forward. Lizee moved, Garfunkel seconded, Approving and Authorizing the Mayor and City Administrator to execute the Third Amendment to the 1998 Joint Powers Agreement for the South Lake Minnetonka Police Department. Councilmember Zerby commented this amendment would move financing of the construction of the building to an ad valorem basis. . Attorney Keane stated in the past weeks he had received comments regarding Shorewood's intent regarding the financing and various issues of control for the project. He stated the City of Shorewood and the Shorewood EDA had corne forward as a funding vehicle, with the pledge of lease revenues from the respective joint-powers entities, to allow the project to move forward. He likened the formation of the EDA to a conduit for financing with no control over the project. He explained the participating cities would retain control of approval of decisions needed with the project. The Shorewood EDA was not a controlling mechanism, but a conduit for bringing the project into fruition. Mayor Love questioned whether there were any advantages to Shorewood having an EDA in this project. Attorney Keane replied there were none, and all participating cities were subject to the extent of the Joint Powers Agreement. Administrator Dawson commented lease revenue financing had been considered; however, a city or joint powers organization could not issue this type of financing to itself, and thus the formation of the EDA was essential. Attorney Keane also commented a valuable service was being provided to area residents as a result of the formation of the EDA and its actions as a financing conduit. Councilmember Zerby noted the funding of a $7 million dollar project was quite significant and questioned how the ad valorem method of funding compared with the previous model of funding. Administrator Dawson explained that with the current funding mechanism Shorewood's responsibility to the SLMPD was 46% of the funding. With the ad valorem method, Shorewood was responsible for REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 6 of7 providing 58% of the funding for the building project. He also noted the EDA was a separate unit of government from the City; consequently, financing would be paid outside of levy limits, and thus not jeopardize city services. Councilmember Zerby stated he had always believed ad valorem funding was a fair way of paying, however; the change in the funding obligation was substantial, and he hoped people would recognize and appreciate the valuable service Shorewood was providing in this project. Motion passed 5/0. B. Memorandum of Understanding to SLMPb Joint Powers Agreement Administrator Dawson explained the City of Excelsior had additional concerns placed in its resolution of commitment to the Public Safety Facility to be built at 24140 Smithtown Road. As a result, the SLMPD Coordinating Committee, comprised of the mayors of the four member cities, agreed to memorialize these concerns in a non-binding Memorandum of Understanding and state them as intentions for future actions by the member cities. He then specifically reviewed the two issues of concern. Councilmember Zerby commented he believed that, should funding allocations become on an ad valorem basis, proportional representation on the governing board for this project should be considered as well. . Lizee moved, Turgeon seconded, Approving and Authorizing the Mayor and City Administrator to execute the Memorandum of Understanding regarding the Amendment. Motion passed 5/0. C. An Amendment to the Police Building Lease Agreement Attorney Keane explained the City of Excelsior had concerns regarding the lease agreement for the current SLMPD building. A proposed amendment had been drafted for that lease agreement. Attorney Keane noted the proposed amendment would not shift the burden of financing issues. Garfunkel moved, Turgeon seconded, Approving the Amended Lease Agreement for the current SLMPD building. Mayor Love stated cooperation between many crues could be a difficult process ripe for . misunderstandings. He hoped the member cities working together in the Public Safety Facility project could continue to view the benefits to the entire South Lake Minnetonka community. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report on at this time. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there had been no new developments in this project at this time. . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 7of7 2. County Road 19 Intersection Administrator Dawson noted this matter would be fully discussed at a Work Session meeting scheduled to be held later this evening. B. Mayor and City Council Attorney Keane stated a notice of violation had been sent to an establishment within the City regarding the sale of alcohol to a minor. He noted this matter was working its way through the process of Statutes, and Council may need to hold an administrative proceeding regarding fine or revocation in the matter within a few months. Mayor Love recessed the meeting to Executive Session to discuss ongoing litigation at 8: 10 P.M. C. Executive Session . Mayor Love convened the Executive Session Meeting at 8:25 P.M. Mayor Love, all Councilmembers, Administrator Dawson, Attorney Keane, Engineer Brown and Planning Director Nielsen were in attendance. Council held a discussion with the City Attorney regarding ongoing litigation. Turgeon moved, Lizee seconded, to close the Executive Session and return to the Regular Session of the City Council Meeting at 8:58 P.M. Motion passed 5/0. Mayor Love reconvened the Regular City Council Meeting at 8:58 P.M. 11. ADJOURN . Turgeon moved, Garfunkel seconded, adjourning the Regular City Council Meeting of January 28, 2002, at 8:58 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JANUARY 28,2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:00 p.m. or immediately following Regular Meeting MINUTES 1. CONVENE WORK SESSION MEETING \) Rf\ f1 Mayor Love convened the meeting at 8:59 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; and Planning Director Nielsen . Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda. Engineer Brown requested Item 5, Freeman Park Parking Lot Plan be added to this evening's Agenda. Lizee moved, Turgeon seconded, approving the Agenda as amended. Motion passed 5/0. 2. COUNTY ROAD 19 / COUNTRY CLUB ROAD / SMITHTOWN ROAD INTERSECTION PROJECT . Engineer Brown introduced Mr. Don Sterna, of WSB and Associates. He complimented WSB and Associates for its work in expediting plans for this project to Hennepin County for approval by February 1, 2002. Mr. Sterna presented and reviewed the schedule for this project, noting right-of-way issues were being urged forward in preparation for construction. He noted the first stage of construction included providing temporary roadways on the south and west side of the project area in effort to begin work on the north and east side of the roadways. He also noted the concrete median work, sidewalks, and final project detail would most likely take place in 2003. Engineer Brown commented Hennepin County was reluctant to begin right-of-way proceedings until the plans were complete for the project. In light of the proposed schedule, he commented a project of this magnitude should not begin in September of this year, as could happen should any problems arise in securing the necessary right-of-way easements. In addition, he reviewed issues of concern regarding logistics of vehicular and pedestrian traffic throughout various stages of construction as well as concern for increased stormwater drainage from proposed construction areas. He noted every attempt was being made to maintain water quality in this project. Council thanked Mr. Sterna and Engineer Brown for their efforts in moving this project forward. *JC CITY COUNCIL WORK SESSION MEETING MINUTES January 28, 2002 Page 2 of2 3. SMITHTOWN ROAD Engineer Brown briefly reviewed the plans for the Smithtown Road reconstruction project. He noted there were advantages to constructing the project in dual stages. After a discussion by Council, giving consideration to the potential for a trail and the need for safety, consensus was reached for a design plan showing construction of Smithtown Road as one segment with a widened shoulder in addition to an alternate design plan showing an off-street trail- for that portion of Smithtown between LRT to the Victoria boarder only - that residents could comment on at a Public Informational Meeting to be held on Thursday, March 21, 2002. 4. FREEMAN PARK PARKING LOT PLAN Engineer Brown reviewed the history and ponding issues pertaining to Parking Lot #4 in Freeman Park. After a brief discussion, Council indicated consensus for examining potential options for addition of a pond as an amenity in the northwest comer of Freeman Park near the LR T trail. . 5. COMMISSIONER RECOGNITIONS Administrator Dawson explained Park and Planning Commissioners were recognized for their service as soon as possible after their term had expired. He noted this recognition would typically take place at a Regular Council meeting with the Mayor and Council presenting the individual with a service award plaque. He then asked Council to re-evaluate the Commissioner recognition event for any potential changes in format. Council indicated it would like to see the plaques presented in a timely manner with the Mayor and Council making presentation unless otherwise requested. 4. ADJOURN Garfunkel moved, Lizee seconded, adjourning the Work Session meeting of January 28, 2002, at 10:30 P.M. Motion passed 5/0. . RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator .. PAYROLL APPROVALS For 2/11/02 Council Meeting . ~ Cl l l..... Prepared by:' /th~ 1k Catherine EIke Sr. Accountant wson,City Administrator . Date: ;; - 7-0d. Date: 02-07-t!JZ- Date: 02.o7.oz.. 1f3A --- ------------------- Payroll Register Check # Last Name First Name MI Check Amt Check Date 1367 BAILEY BOYD C 1,218.68 1/29/02 1368 BURTON BONNIE M 1,847.57 1/29/02 1369 DAVIS CHARLES S 1,329.18 1/29/02 1370 EISCHENS JAMES E 820.30 1/29/02 1371 ELKE CATHERINE M 808.10 1/29/02 1372 FASCHING PATRICIA L 791.41 1/29/02 1373 GARFUNKEL JOHN J 184.70 1/29/02 1374 GROUT TWILA R 955.89 1/29/02 1375 HELLING PAMELA J 527.37 1/29/02 1376 JOHNSON DENNIS D 1,127.23 1/29/02 1377 LIZEE CHRISTINE G 184.70 1/29/02 1378 LUGOWSKI JOSEPH P 1,083.98 1/29/02 1379 MASON BRADLEY J 1,129.29 1/29/02 1380 MOORE JULIE K 353.86 1/29/02 . 1381 MOTTER BROOKE A 500.59 1/29/02 1382 NIELSEN BRADLEY J 941.57 1/29/02 1383 PANCHYSHY JEAN M 1,048.83 1/29/02 1384 PAZANDAK JOSEPH E 1,411.28 1/29/02 1385 RANDALL DANIEL J 1,221.61 1/29/02 1386 SCHMID CHRISTOPHER E 607.50 1/29/02 1387 SCHNEEWIN JACQUELYN K 991.51 1/29/02 1388 STARK BRUCE H 967.84 1/29/02 1389 SWANDBY DONALD R 1,220.34 1/29/02 1390 TOWER TERRY R 939.20 1/29/02 1391 TURGEON LAURA 184.70 1/29/02 1392 ZAVADA MITCHELL C 775.70 1/29/02 1393 ZERBY MICHAEL S 184.70 1/29/02 217080 AMACHER GERRIT P 101.00 1/29/02 . 217081 ANDERSON PETER T 45.71 1/29/02 217082 ARNST CA TIE E 45.71 1/29/02 217083 ARUNDEL LADD S 89.62 1/29/02 217084 BAKER RICHARD M 64.23 1/29/02 217085 BEDDOR ANDREW M 107.25 1/29/02 217086 BROWN LAWRENCE A 1,864.12 1/29/02 217087 CURTIS JOHN N 79.92 1/29/02 217088 DAWSON CRAIG W 1,605.20 1/29/02 217089 DUFFY DAVID C 230.20 1/29/02 217090 EDDY JUSTIN R 128.03 1/29/02 217091 F ARNI EDWARD C 128.03 1/29/02 217092 GIESEN JON L 73.97 1/29/02 217093 HELGESEN PATRICIA R 785.21 1/29/02 Thursday, February 07, 2002 Page 1 of2 Check # Last Name First Name MI Check Amt Check Date 217094 HIRSCH DANA M 138.32 1/29/02 217095 JENSEN ANDERS C 121.10 1/29/02 217096 JOHNSON JR JEFFREY T 89.62 1/29/02 217097 KOOY DYLAN J 159.22 1/29/02 217098 LATTERNER SUSAN M 340.95 1/29/02 217099 LAUGHLIN BRANDON M 121.10 1/29/02 217100 LOVE CLIFFORD W 222.15 1/29/02 217101 MANN CARTER S 89.62 1/29/02 217102 MARRON RUSSELL R 40.10 1/29/02 217103 MCDONALD GRANT M 121.10 1/29/02 217104 PETERSON MICHAEL D 72.69 1/29/02 217105 PLATHE CRAIG V 67.62 1/29/02 2171 06 SCHMIDT JOHN A 91.42 1/29/02 217107 SKJERVOLD ANDREW J 95.12 1/29/02 217108 STANLEY DAVID W 128.03 1/29/02 . 217109 STANLEY NATHAN B 112.45 1/29/02 217110 THURSTON DOROTHY M 81.14 1/29/02 217111 WANNINGER NICHOLE C 129.11 1/29/02 217112 WILSON DANIEL P 96.84 1/29/02 Total of Checks $31,023.53 . Thursday, February 07, 2002 Page 2 of 2 PAYABLESAPPROVALS For 2/11/02 Council Meeting Prepared by: (!~ 0.-4. Catherine EIke, Sr. Accountant awson, City Administrator Date: /2-7.....0 ~ Date: D2;b7 A 2.-- . Date: () 2. 0 1 ot, . Check Approval Listfor 2/11/02 Council Meeting Description Check Date Invoice # 32123 Check # Vender Name 1/28/02 Amount 32124 32125 32125 32126 32126 32126 32126 32127 . 32128 32128 32129 32130 32131 32132 32133 32134 . 32135 32135 32135 32136 32136 32137 32138 32138 32138 32138 32138 32139 32140 32140 FAMOUS DAVE'S 1/28/02 COUNCIL MTG TOTAL FOR FAMOUS DA VE'S US POSTMASTER PSTG FOR FEB NEWSLETTER TOTAL FOR US POSTMASTER ELKE, CATHERINE 2ND HALF JAN EXP/MILEAGE ELKE, CATHERINE 2ND HALF JAN EXP/MILEAGE TOTAL FOR ELKE, CATHERINE HEAL THPARTNERS FEB 2002 PREMIUMS HEALTH PARTNERS . FEB 2002 PREMIUMS HEALTHPARTNERS FEB 2002 PREMIUMS HEAL THPARTNERS FEB 2002 PREMIUMS TOTAL FOR HEALTHPARTNERS ICMA RETIREMENT TR 01/29/02 PAYROLL DEDUCTIONS 1/31/02 302131-0129 TOTAL FOR ICMA RETIREMENT TRUST-457 JAN RECORDING SVCS 1/31/02 JAN 02 STM JAN RECORDING SVCS 1/31/02 JAN 02 STM TOTAL FOR KEEFE, SALLY LAKE MTKA COMMUNI 11/26/01 COUNCIL TAPE 1/31/02 TOTAL FOR LAKE MTKA COMMUNICATIONS COMMI LOCAL LINK USA BUSI 1/31/02 952204663-0 TOTAL FOR LOCAL UNK USA BUSINESS SERVIC MINN NCPERS GROUP FEB PREM 1/31/02 762400-0202 TOTAL FOR MINN NCPERS GROUP UFE INS MINNETONKA REFRIG REPL DUAL PRESSURE CONTROL 1/31/02 TOTAL FOR MINNETONKA REFRIGERATION MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 1/31/02 TOTAL FOR MN CHIW SUPPORT PMT CTR MN POSTER COMPLlA STATE OF MN UPDATED POSTERS 1/31/02 TOTAL FOR MN POSTER COMPLIANCE CENTER PAZANDAK, JOSEPH SEC 125 REIMBURSE-2001 1/31/02 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/26 1/31/02 PAZANDAK, JOSEPH MILEAGE 1/13 - 1/26 1/31/02 TOTAL FOR PAZANDAK, JOSEPH 01/29/02 PAYROLL DEDUCTIONS 01/29/02 PAYROLL DEDUCTIONS TOTAL FOR PERA POMMER COMPANY, I PLAQUE FOR KEN DALLMAN TOTAL FOR POMMER COMPANY, INC. PRUDENTIAL INS CO 0 FEB 2002 LIFE INS PREM 1/31/02 PRUDENTIAL INS CO 0 FEB 2002 LIFE INS PREM 1/31/02 PRUDENTIAL INS CO 0 FEB 2002 LIFE INS PREM 1/31/02 PRUDENTIAL INS CO 0 FEB 2002 LIFE INS PREM 1/31/02 PRUDENTIAL INS CO 0 FEB 2002 LIFE INS PREM 1/31/02 TOTAL FOR PRUDENTIAL INS CO OF AMERICA PURCHASE POWER METER FILL 1/31/02 TOTAL FOR PURCHASE POWER QUALITY WINE & SPIRI QUALITY WINE & SPIRI 1/29/02 1/31/02 1/31/02 1/31/02 15938358 1/31/02 15938358 1/31/02 15938358 1/31/02 15938358 KEEFE, SALLY KEEFE, SALLY PERA PERA 1/31/02 1/31/02 $46.16 $46.16 $741.86 $741.86 $42.59 $46.86 $89.45 $16.02 $40.07 $64.11 $469.44 $589.64 $1,308.17 $1,308.17 $300.00 $385.00 $685.00 $15.00 $15.00 $134.95 $134.95 $12.00 $12.00 $274.81 $274.81 $173.51 $173.51 $64.00 $64.00 $48.76 $75.56 $6.38 $130.70 $2,122.51 $2,301.45 $4,423.96 $124.65 $124.65 $5.20 $35.10 $3.25 $1.30 $65.30 $110.15 $1,015.00 $1,015.00 ($55.97) ($38.79) lii",:1,_:~:.::.;.:.~::~~.~;.-.:.iiJ.'::~:i.;;:,:;,~..:;;t.:l1~:~;;'~1:;J;,t.c'l~1..'.a.);.':ii..'Zc.1'.iJ.'i~;:;;"i'.'J:;.;':r\:iliJSl::i:::~;U:~'?'~~:::.z.\1,'~",'::.d"Z~~:;;";~~':;;,~:;r.:.t::a"'; ~~~:~;j:r;_:,;:;:,;~Z.1':,\:~';;!'~o:'~!~_:;:"&:J;;i:,::z.,i:r.i:I,0}:':'\'.w5~,~~i.:::.J":'::;~:i;;.1'~j:r..t:~L..:j.!2'.icl,~i;'~~';':;:;.il'i::;i~~:.j~~~~!n~':~].i~,S",.;r,,:~~:::~q Thursday, February 07, 2002 Page 1 of 8 1/31/02 49151 1/31/02 057314-00 1/31/02 081530-00 Check # Vender Name Description Check Date Invoice # Amount 32140 32140 32140 32140 32140 32140 32140 32140 32140 32140 32140 32140 32140 32141 32142 32142 32143 32144 32145 32146 32147 32147 32147 32148 32149 32149 32149 32149 32149 32149 32149 32150 32151 32152 32152 32152 32152 32153 QUALITY WINE & SPIRI 1/31/02 081530-00 QUALITY WINE & SPIRI 1/31/02 081561-00 QUALITY WINE & SPIRI 1/31/02 081564-00 QUALITY WINE & SPIRI 1/31/02 082990-00 QUALITY WINE & SPIRI 1/31/02 083003-00 QUALITY WINE & SPIRI 1/31/02 083004-00 QUALITY WINE & SPIRI 1/31/02 083659-00 QUALITY WINE & SPIRI 1/31/02 083669-00 QUALITY WINE & SPIRI 1/31/02 083670-00 QUALITY WINE & SPIRI 1/31/02 083671-00 QUALITY WINE & SPIRI 1/31/02 083672-00 QUALITY WINE & SPIRI 1/31/02 083702-00 QUALITY WINE & SPIRI 1/31/02 083702-00 TOTAL FOR QUALITY WINE & SPIRITS CO QUEST DEX 1/31/02 01034690800 TOTAL FOR QUEST DEX ALL SAINT'S BRANDS I ALL SAINT'S BRANDS I TOTAL FOR ALL SAINT'S BRANDS INC C.H CARPENTER LUMB LUMBER FOR EDDY STATION STOR 217/02 449938 TOTAL FOR C.B CARPENTER LUMBER CARPET BLASTERS CLEAN CARPET @ #1 TOTAL FOR CARPET BLASTERS DAY DISTRIBUTING TOTAL FOR DAY DISTRIBUTING E-Z RECYCLING INC. JAN SVCS TOTAL FOR E-Z RECYCLING INC. EAST SIDE BEVERAGE 217/02 191069 EAST SIDE BEVERAGE 217/02 191069 EAST SIDE BEVERAGE 217/02 191070 TOTAL FOR EAST SIDE BEVERAGE COMPAN EDINA COURIERS LLC PKG TO HENN CTY 217/02 43739 TOTAL FOR EDINA COURIERS LLC EXCELSIOR ACE HARD EXCELSIOR ACE HARD EXCELSIOR ACE HARD EXCELSIOR ACE HARD EXCELSIOR ACE HARD EXCELSIOR ACE HARD EXCELSIOR ACE HARD KEY BLANKS TOTAL FOR EXCELSIOR ACE HARDWARE FRANKENFIELD, GREG ESC REF-5750 MERRY LN 217/02 TOTAL FOR FRANKENFIELD, GREG & MARISSA HELGESEN, PATRICIA COMPUTER MONITOR FOR PLANNI 2/7/02 TOTAL FOR HELGESEN, PATRICIA HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE HERMEL WHOLESALE TOTAL FOR HERMEL WHOLESALE HOPKINS PARTS COM BULBS & FUSES 217/02 112801C 2/7/02 11390 2/7/02 593820 217/02 163724 2/7/02 3333 PARKS SUPPLIES BADGER WELL PARTS PAINT BADGER WELL PIPING 217/02 501348 217/02 501860 217/02 503353 217/02 503468 217/02 503578 217/02 503978 217/02 504070 ($31.81 ) ($16.33) ($27.15) $179.40 $179.40 $93.20 $63.95 $655.77 $77.50 $796.74 $88.95 $146.59 $1,233.56 $3,345.01 $12.08 $12.08 ($9.00) $215.00 $206.00 $176.24 $176.24 $221.35 $221.35 $265.05 $265.05 $5,973.00 $5,973.00 $841.25 $19.00 $987.00 $1,847.25 $19.67 $19.67 $3.71 $4.43 $20.21 $15.20 $30.59 $32.45 $2.75 $109.34 $4,575.00 $4,575.00 $266.22 $266.22 $63.52 $603.87 ($95.28) ($3.17) $568.94 $33.38 . . 217/02 334018 217/02 334019 2/7/02 334265 217/02 334266 217/02 68615 ~0ol~.t~;lf:2c:,~;:.~:;;:.:;:;:;.J.f;!;.~;J;,.~Z:,~.:':;:ii;i,.l::,':j:~:':':::&.i.'i.L';;i:,;.;j::'.:.'~,,,~~.,:::,;':;:';':.;;':_'::"":':';'~',fii'.;:,;.^,;;.;~;7..:2~':.\:l'J.;?;;.u';;;:'.,;;:L~t. 1(;::.;J.;;':,:::.:r,,-;;'~:~',f::::,::i_:"~;::"::,..:.:...'....:.:::;.:.:1':,:;~.3~;;/}~'~j..i,:"':l~~."~;i.::.\.;:;E;a;.i.i.Q.::..~;.r.~~&{;~;7L.i.:t~~~.~,~:::::':,:';':;':I),&:":;".~::.\.',J.:~,:; ;~;::.'1::;;'i'.J!;.'.::~'..,d Thursday, February 07, 2002 Page 2 of 8 Check # Vender Name Description Check Date Invoice # Amount 32153 HOPKINS PARTS COM 217/02 69613 $26.97 TOTAL FOR HOPKINS PARTS COMPANY $60.35 32154 JOHNSON BROS L1QU 217/02 1352313 $882.12 32154 JOHNSON BROS L1QU 2/7/02 1352314 $569.31 32154 JOHNSON BROS L1QU 217/02 1359875 $62.00 32154 JOHNSON BROS L1QU 217/02 182724 ($11.03) 32154 JOHNSON BROS L1QU 217/02 182725 ($16.80) 32154 JOHNSON BROS L1QU 2/7/02 184606 ($80.20) TOTAL FOR JOHNSON BROS LIQUOR CO. $1,405.40 32155 KRIESEL, DREW CLEANING SUPPLIES FOR PW 217/02 $44.37 TOTAL FOR KRIESEL, DREW $44.37 32156 LUGOWSKI, JOSEPH PICK FILE CABINET LOCK/MAKE KE 217/02 $30.00 TOTAL FOR LUGOWSKI, JOSEPH $30.00 32157 MIDWEST COCA-COLA 217/02 63200064 $17.27 32157 MIDWEST COCA-COLA 217/02 63200171 $224.39 32157 MIDWEST COCA-COLA 217/02 63200205 $102.06 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $343.72 32158 MIDWEST CRANE ANNUAL CRANE INSPECTION 217/02 42927-IN $340.00 . TOTAL FOR MIDWEST CRANE $340.00 32159 MINNETONKA REFRIG REPR COOLER LEAK 217/02 $454.62 TOTAL FOR MINNETONKA REFRIGERATION $454.62 32160 MN SUN PUBLICATION SUMMARY BUDGET STMT 2002 217/02 481445 $85.80 32160 MN SUN PUBLICATION ENTERPRISE FUNDS BUDGET-2002 217/02 481446 $128.70 TOTAL FOR MN SUN PUBLICATIONS $214.50 32161 NEXTEL COMMUNICATI 217/02 2991140-1-0 $25.68 32161 NEXTEL COMMUNICATI 217/02 2991140-1-0 $25.69 TOTAL FOR NEXTEL COMMUNICATIONS $51.37 32162 PEPSI COLA COMPANY 217/02 23492383 $24.08 32162 PEPSI COLA COMPANY 217/02 23492384 $35.24 TOTAL FOR PEPSI COLA COMPANY $59.32 32163 QUALITY WINE & SPIRI 2/7/02 085910-00 $64.22 32163 QUALITY WINE & SPIRI 217/02 085910-00 $695.69 32163 QUALITY WINE & SPIRI 217/02 085998-00 $1,309.63 . 32163 QUALITY WINE & SPIRI 217/02 085998-00 $963.32 TOTAL FOR QUALITY WINE & SPIRITS CO $3,032.86 32164 QUEST 217/02 $89.77 32164 QUEST 217/02 $42.72 32164 QUEST 217/02 $42.72 TOTAL FOR QUEST $175.21 32165 QWEST DEX 217/02 01034691400 $133.30 TOTALFOR QWESTDEX $133.30 32166 SENIOR COMMUNITY S DEC CLEANING SVCS 217/02 $179.15 32166 SENIOR COMMUNITY S DEC CLEANING SVCS 217/02 $266.25 TOTAL FOR SENIOR COMMUNITY SERVICES $445.40 32167 SHOREWOOD TRUE V PAINT ROLLERS,ETC 217/02 46189 $26.39 32167 SHOREWOOD TRUE V PICTURE HOOK 217/02 46240 $1.37 32167 SHOREWOOD TRUE V PAINT/COUPLING 217/02 46284 $10.83 32167 SHOREWOOD TRUE V SINGLE KEY 217/02 46407 $3.17 32167 SHOREWOOD TRUE V PAINT 217/02 46415 $4.26 32167 SHOREWOOD TRUE V PAINT SUPPLIES-BADGER WELL 217/02 46432 $28.82 32167 SHOREWOOD TRUE V PRIMER 217/02 46438 $8.50 Check # Vender Name Description Check Date Invoice # Amount 32167 SHOREWOOD TRUE V CITY HALL FURNACES/BADGER WE 2/7/02 46456 $31.89 32167 SHOREWOOD TRUE V CITY HALL FURNACES/BADGER WE 217/02 46456 $32.41 32167 SHOREWOOD TRUE V SNOW MELT - CITY HALL 217/02 46627 $21.28 TOTAL FOR SHORE WOOD TRUE VALUE $168.92 32168 SO LK MTKA POLICE D 1991 PLYMOUTH ACCLAIM BUY-BA 217/02 $700.00 TOTAL FOR SO LK MTKA POLICE DEPT $700.00 32169 STAR GROUP LLC MISC PW SUPPLIES 217/02 976193 $31.03 32169 STAR GROUP LLC 217/02 976194 $1.05 TOTAL FOR STAR GROUP LLC $32.08 32170 SUN PATRIOT NEWSP ORDINANCE 378 217/02 900 $104.00 32170 SUN PATRIOT NEWSP ORDINANCE 377 217/02 901 $53.73 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $157.73 32171 THORPE DISTRIBUTIN 217/02 250299 $35.20 32171 THORPE DISTRIBUTIN 217/02 250299 $750.57 TOTALFOR THORPE DISTRIBUTING COMPA $785.77 32172 US POSTMASTER RENEW BUS REPLY PERMIT 2/7/02 $500.00 TOTAL FOR US POSTMASTER $500.00 32173 VERIZON WIRELESS, B 217/02 $54.26 . TOTAL FOR VERIZON WIRELESS, BELLEVUE $54.26 32174 WATER FORD CENTER FEB RENT 2/7/02 0202F $7,527.33 TOTAL FOR WATERFORD CENTER $7,527.33 32175 WM. MUELLER & SONS 217/02 54263 $1,658.58 32175 WM. MUELLER & SONS 217/02 54649 $900.37 TOTAL FOR WM. MUELLER & SONS, INC. $2,558.95 32176 WORLD CLASS WINES, 217/02 115761 $333.89 TOTAL FOR WORW CLASS WINES, INC $333.89 321n BELLBOY BAR SUPPLY 2/12/02 35117400 ($19.40) 321n BELLBOY BAR SUPPLY 2/12/02 35135500 $79.13 321n BELLBOY BAR SUPPLY 2/12/02 35135700 $6.06 321n BELLBOY BAR SUPPLY 2/12/02 35135700 $22.90 321n BELLBOY BAR SUPPLY 2/12/02 35135900 $131.16 TOTAL FOR BELLBOY BAR SUPPLY $219.85 32178 BELLBOY CORPORATI 2/12/02 23029900 $64.60 . 32178 BELLBOY CORPORA TI 2/12/02 23029900 $246.00 32178 BELLBOY CORPORATI 2/12/02 23030000 $240.00 32178 BELLBOY CORPORATI 2/12/02 23030000 $323.05 32178 BELLBOY CORPORATI 2/12/02 23044000 $644.30 32178 BELLBOY CORPORATI 2/12/02 23051800 ($69.75) 32178 BELLBOY CORPORATI 2/12/02 23085900 $458.90 32178 BELLBOY CORPORATI 2/12/02 23086100 $1,108.35 32178 BELLBOY CORPORATI 2/12/02 23086200 $1,683.60 32178 BELLBOY CORPORATI 2/12/02 23100400 ($222.90) TOTAL FOR BELLBOY CORPORATION $4,476.15 32179 BERRY COFFEE CO 2/12/02 266826 $22.00 32179 BERRY COFFEE CO 2/12/02 266828 $23.25 TOTAL FOR BERRY COFFEE CO $45.25 32180 BIFFS, INC. 2/12/02 W150956-96 $702.60 TOTAL FOR BIFFS, INC. $702.60 32181 CARGILL SALT DIVISIO 2/12/02 22883724 $1,258.70 TOTAL FOR CARGILL SALT DIVISION $1,258.70 32182 COMMISSIONER OF TR EMERGENCY SIGNAL RELAMP 2/12/02 PAOOO06029 $304.33 Check # Vender Name Description Check Date Invoice # Amount II' TOTAL FOR COMMISSIONER OF TRANSPORT $304.33 32183 DAY DISTRIBUTING 2/12/02 164015 $1,267.70 32183 DAY DISTRIBUTING 2/12/02 164016 $482.50 32183 DAY DISTRIBUTING 2/12/02 164419 $416.20 32183 DAY DISTRIBUTING 2/12/02 164733 $287.50 32183 . DAY DISTRIBUTING 2/12/02 164734 $363.80 TOTAL FOR DAY DISTRIBUTING $2,817.70 32184 EAST SIDE BEVERAGE 2/12/02 193184 $5,871.95 32184 EAST SIDE BEVERAGE 2/12/02 193830 $9.50 32184 EAST SIDE BEVERAGE 2/12/02 193830 $4,095.85 32184 EAST SIDE BEVERAGE 2/12/02 193831 $256.00 32184 EAST SIDE BEVERAGE 2/12/02 195972 $1,471.10 TOTAL FOR EAST SIDE BEVERAGE COMPAN $11,704.40 32185 EXCELSIOR FIRE DIST 1ST aTR 2002 FIRE SVCS 2/12/02 $71,125.75 TOTAL FOR EXCELSIOR FIRE DISTRICT $71,125.75 32186 GRIGGS, COOPER & C 2/12/02 492799 $796.55 32186 GRIGGS, COOPER & C 2/12/02 492805 $582.65 32186 GRIGGS, COOPER & C 2/12/02 492809 $479.35 . 32186 GRIGGS, COOPER & C 2/12/02 493016 $621.71 32186 GRIGGS, COOPER & C 2/12/02 493018 $598.26 32186 GRIGGS, COOPER & C 2/12/02 493027 $1,190.16 32186 GRIGGS, COOPER & C 2/12/02 493027 $29.50 32186 GRIGGS, COOPER & C 2/12/02 495393 $0.95 32186 GRIGGS, COOPER & C 2/12/02 495700 $300.40 32186 GRIGGS, COOPER & C 2/12/02 495701 $372.56 32186 GRIGGS, COOPER & C 2/12/02 495704 $56.24 32186 GRIGGS, COOPER & C 2/12/02 495710 $161.84 32186 GRIGGS, COOPER & C 2/12/02 495943 $742.81 32186 GRIGGS, COOPER & C 2/12/02 495945 $684.12 32186 GRIGGS, COOPER & C 2/12/02 495949 $473.58 32186 GRIGGS, COOPER & C 2/12/02 579251 ($51.09) TOTAL FOR GRIGGS, COOPER & COMPANY $7,039.59 32187 HERMEL WHOLESALE 2/12/02 336234 $112.16 32187 HERMEL WHOLESALE 2/12/02 336234 $571.68 . TOTAL FOR HERMEL WHOLESALE $683.84 32188 HEWLETT-PACKARD E 3-YR HP ON-SITE SUPPORT PAK 2/12/02 HPE349328 $299.00 TOTAL FOR HEWLETT.PACKARD EXPRESS SVCS $299.00 32189 JOHNSON BROS L1au 2/12/02 1355061 $612.70 32189 JOHNSON BROS Llau 2/12/02 1355061 $766.51 32189 JOHNSON BROS L1au 2/12/02 1355062 $237.59 32189 JOHNSON BROS L1au 2/12/02 1355063 $223.69 32189 JOHNSON BROS L1au 2/12/02 1355064 $98.59 32189 JOHNSON BROS L1au 2/12/02 1355066 $1,065.90 32189 JOHNSON BROS Llau 2/12/02 1355066 $770.29 32189 JOHNSON BROS L1au 2/12/02 1355070 $569.42 32189 JOHNSON BROS L1au 2/12/02 1355070 $909.40 32189 JOHNSON BROS L1au 2/12/02 1357779 $82.70 32189 JOHNSON BROS L1au 2/12/02 1357780 $82.70 32189 JOHNSON BROS L1au 2/12/02 1357781 $216.25 32189 JOHNSON BROS L1au 2/12/02 1357782 $219.14 32189 JOHNSON BROS Llau 2/12/02 1357783 $1,007.10 32189 JOHNSON BROS Llau 2/12/02 1357784 $152.40 32189 JOHNSON BROS L1au 2/12/02 1357789 $127.75 ;'~:~.:~~X:~~~,:;~.\f~~";,,;L':;.:..'~i'J.;,J;,:,,,~~;;:~:~i;;,~\;l,li:.!,(:,;:~.~'.:':::":~:S..::.;;i:",ib:.~:.',~;.:. Thursday, February 07, 2002 ,-.,,' ,;., ,'-:"1 '~.::'~:':':':::.,,::':..;;L:.',l -'~:L;:;;.:::.i;:.'..;;..':::::.c:;:;:;;;;;;i::":lc.:;;;,~t;..'~~.;~.~_};~:::L_;::'.i.iii2J.'4'J~"',;J;.t:,;:L.'..l.:::;:1:.":.!:1;'~:f~.!f.'i:.:J .,,~l;';;',;:.'<.;il:i:. ,..,.,."c:."'..,o"""'c:.;""2J",.'"lI".;.;P~g;;j5'.~J8j Check # Vender Name Description Check Date Invoice # Amollnt TOTAL FOR JOHNSON BROS UQUOR CO. $7,142.13 4It 32190 MACROMEDIAlMODUS DREAMWEAVER 4.0 2/12/02 01308924 $292.09 TOTAL FOR MACROMEDIA/MODUS MEDIA $292.09 32191 MARK VII 2/12/02 368815 $727.70 32191 MARK VII 2/12/02 368816 $15.20 32191 MARK VII 2/12/02 368819 $112.90 32191 MARK VII 2/12/02 371024 $350.10 32191 MARK VII 2/12/02 371025 $12.00 32191 MARK VII 2/12/02 371030 $1,111.75 32191 MARK VII 2/12/02 371035 $907.75 32191 MARK VII 2/12/02 371036 $21.95 TOTAL FOR MARK VII $3,259.35 32192 MCLEOD USA 2/12/02 1508024 $109.51 32192 MCLEOD USA 2/12/02 1508024 $475.93 32192 MCLEOD USA 2/12/02 1508024 $168.52 32192 MCLEOD USA 2/12/02 1508024 $158.66 32192 MCLEOD USA 2/12/02 1508024 $96.84 32192 MCLEOD USA 2/12/02 1508024 $90.06 32192 MCLEOD USA 2/12/02 1508024 $45.03 32192 MCLEOD USA 2/12/02 1508024 $109.51 . TOTAL FOR MCLEOD USA $1,254.06 32193 MINNCOMM PAGING 2/12/02 52006802020 $8.63 TOTAL FOR MINNCOMM PAGING $8.63 32194 MINNEGASCO 2/12/02 $157.43 32194 MINNEGASCO 2/12/02 $458.42 32194 MINNEGASCO 2/12/02 $298.33 32194 MINNEGASCO 2/12/02 $230.85 32194 MINNEGASCO 2/12/02 $188.20 32194 MINNEGASCO 2/12/02 $160.22 32194 MINNEGASCO 2/12/02 $120.80 32194 MINNEGASCO 2/12/02 $85.70 32194 MINNEGASCO 2/12/02 $69.51 32194 MINNEGASCO 2/12/02 $180.63 TOTAL FOR MINNEGASCO $1,950.09 32195 MTI DISTRIBUTING CO BLADE REPRlSKID SHOES 2/12/02 116372-00 $348.43 . TOTAL FOR MTI DISTRIBUTING COMPANY $348.43 32196 NORTH STAR ICE 2/12/02 55203504 $40.80 TOTAL FOR NORTH STAR ICE $40.80 32197 NORTHERN WATER W 2/12/02 3099847 $318.65 TOTAL FOR NORTHERN WATER WORKS SUP $318.65 32198 OFFICE DEPOT 2/12/02148983524-0 $110.21 32198 OFFICE DEPOT 2/12/02 149817681-0 $74.38 32198 OFFICE DEPOT 2/12/02 149844111-0 $48.43 TOTAL FOR OFFICE DEPOT $233.02 32199 PHILLIPS WINE & SPIRI 2/12/02 797503 $373.35 32199 PHILLIPS WINE & SPIRI 2/12/02 797503 $743.70 32199 PHILLIPS WINE & SPIRI 2/12/02 797505 $1,006.95 , 32199 PHILLIPS WINE & SPIRI 2/12/02 797505 $1,168.15 32199 PHILLIPS WINE & SPIRI 2/12/02 797508 $921.15 32199 PHILLIPS WINE & SPIRI 2/12/02 797508 $122.20 32199 PHILLIPS WINE & SPIRI 2/12/02 799529 $165.84 32199 PHILLIPS WINE & SPIRI 2/12/02 799529 $65.00 - Check # Vender Name Check Date Invoice # 32199 32199 32199 32199 32199 32199 32199 32200 32200 32201 . 32202 32202 32202 32202 32202 32202 32202 32202 32202 32202 32203 32203 32204 32205 32205 . 32206 32206 32206 32207 32208 32208 32208 32208 32208 32208 32208 32208 32208 32208 32208 32208 32208 32208 Description PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI TOTAL FOR PHILLIPS WINE & SPIRITS SENIOR COMMUNITY S JAN CLEANING SVCS 2/12/02 SENIOR COMMUNITY S JAN CLEANING SVCS 2/12/02 TOTAL FOR SENIOR COMMUNITY SERVICES SPEEDWAY SUPERAM 2/12/02 0131STMT TOTAL FOR SPEEDWAY SUPERAMERICA THORPE DISTRIBUTIN 2/12/02 250704 THORPE DISTRIBUTIN 2/12/02 250704 THORPE DISTRIBUTIN 2/12/02 250786 THORPE DISTRiBUTIN 2/12/02 250786 THORPE DISTRIBUTIN 2/12/02 250905 THORPE DISTRIBUTIN 2/12/02 250905 THORPE DISTRIBUTIN 2/12/02 251145 THORPE DISTRIBUTIN 2/12/02 251321 THORPE DISTRIBUTIN 2/12/02 251390 THORPE DISTRIBUTIN 2/12/02 251390 TOTAL FOR THORPE DISTRIBUTING COMPA VERIZON DIRECTORIE 2/12/02 VERIZON DIRECTORIE 2/12/02 TOTAL FOR VERIZON DIRECTORIES CORP W.W. GRAINGER, INC SWITCH 2/12/02 970-558140- TOTAL FOR W. W. GRAINGER, INC WASTE MANAGEMENT FEB SVC WASTE MANAGEMENT FEB SVC TOTAL FOR WASTE MANAGEMENT WINE COMPANY (THE) WINE COMPANY (THE) WINE COMPANY (THE) TOTAL FOR WINE COMPANY (THE) WSB AND ASSOCIATE TH 7/41 CONSTR ADMIN TOTAL FOR WSB AND ASSOCIATES 2/12/02 799529 2/12/02 799530 2/12/02 799530 2/12/02 799530 2/12/02 799532 2/12/02 799532 2/12/02 799696 2/12/02 0244468-159 2/12/02 0244469-159 2/12/02 072785 2/12/02 072798 2/12/02 072826 2/12/02 01122-114-0 XCEL ENERGY XCELENERGY XCEL ENERGY XCELENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCELENERGY XCEL ENERGY XCEL ENERGY 2/12/02 0114-707-26 2/12/02 0196~307 -66 2/12/02 0198-208-36 2/12/02 0356-200.16 2/12/02 0727-302-66 2/12/02 1300-208-10 2/12/02 1477-205-46 2/12/02 1692-607-26 2/12/02 1765-206-46 2/12/02 1966-609-83 2/12/02 2052-902-66 2/12/02 2164-107-16 2/12/02 2270-109-36 2/12/02 2486-903-26 Amount $133.00 $95.00 $460.55 $480.40 $30.00 $133.00 $74.45 $5,972.74 $266.25 $179.15 $445.40 $741.61 $741.61 $24.00 $897.75 $12.55 $536.80 $690.15 $2.80 $28.40 $89.80 $34.95 $828.40 $3,145.60 $19.50 $19.50 $39.00 $23.80 $23.80 $105.58 $228.29 $333.87 $222.72 $382.74 $519.04 $1,124.50 $487.50 $487.50 $81.17 $326.98 $408.75 $21.45 $264.88 $94.52 $247.43 $170.01 $34.85 $154.77 $13.81 $73.93 $302.43 $59.80 ii,:':"'.~,;,"2.~_'",,;,:;.::~:;..:.;;'J.;,.,.:?~;J;~;.1.'i.~':;"~i..,~~:.'.:~..:!:d'.i.i!i;';~"l.i:"~ij..i~~,'Gf~~~~l.:;;;;.;J.~.~',..;.:~~;::"::':~.,.l~",0I.:..;.::::~'.:~','::,i;'..',.::;;;:S':X;; ll;::i:S.~l1J.l":-,~:.',!;~.:iS!;;;;;::;,~~:.i,:",~~;:j..:,..'~'~:f':::;:~!.~.:,;~,;\~::i,:!~::.lli~.U~,..~1;:..,.;:;;,l:i~!.~;'~:;~','~.'2;."!,:';.;;i;;::.':;.~!B~,i:~~..io:~.::'~i.:ii.':c.:.i.::.1n :~~;~::,,';;;;''S'':'';;;.i.~,~,:,~:':,,~;:;':':.h.:::,',;~~.:':':~ Thursday, February 07, 2002 Page 7 of 8 .""': ..... . 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: February 4,2002 . TO: Mayor and City Council Members CC: Jean Panchyshyn, Deputy Clerk Craig W. Dawson, City Administrator~ Supporting Continuation of Hennepin County CDBG Funding for Senior Community Services FROM: RE: The attached correspondence from Ron Bloch, Program Administrator of Senior Community Services, requests. approval of a resolution which supports the continuation of Community Development Block Grant (CDBG) funding from Hennepin County for the Southshore Senior Community Services programs. Approval requires simple majority vote by the Council. . #38 n ~.1 PRINTED ON RECYCLED PAPER SENIOR COMMUNITY SERVICES , 10709 Wayzata Blvd., Suite 111, Minnetonka, MN 55305 Phone: (952) 541-1019 FAX: (952) 541-0841 'tea BOARD OF DIRECTORS Dr. Chinyere (Ike) Njaka President Francis Hagen 1 st Vice President Mary Henning 2nd Vice President Scott Brandt Treasurer Bob Bean Secretary Laurie LaFontaine Past President John C. Boeder Member-at-Large Gordon Hughes Member-at-Large Senator Rudy Boschwitz Peter Coyle Marty Guritz Aiko Higuchi Dwight Johnson Gloria Johnson Kevin Krueger Rep. Ann Lenczewskl Dotty O'Brien Senator Gen Olson Curtis A. Pearson Mary Tambornino Leonard J. Thiel Thomas Thorfinnson Tom Ticen Benjamin F. Withhart Executive Director & CEO. PROGRAMS · Multi-Purpose Senior Centers · Senior Outreach · H.O.M.E. · Transportation A Founding Member of Eldercare Partners . A United Way Agency January 17, 2002 Mayor Woody Love and City Council Memb City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Love and Council Members: As before, Senior Community Services is requesting that the City of Shorewood pass, and send back to us, a resolution favoring a continuation of Community Development Block Grant (CDBG) funding for senior programs. A sample resolution is attached for your consideration. We would like to include the resolution in our application to the Consolidated Pool for the next CDBG year which must be submitted by March 8, 2002. CDBG funding to help support the sevices for seniors provided by Senior Community Services has continued to decline. We very much appreciate the City's commitment of support for 2002 and would like an opportunity to discuss the possibility of continued direct support with the City Council as part of your 2003 budget deliberations. The contact person for our request is our Southshore Senior Center Director, Joyce Flury (474-7977). On behalf of the area seniors who are the direct beneficiaries of the services, our thanks for your continued support of the Southshore Senior Center. We look forward to continuing cooperation between the City of Shorewood and Senior Community Services. Again, many thanks for your support. Sincerely, /J () ,f-tv- 7? ~ Ron Bloch Program Administrator cc: Craig Dawson, City Administrator . . <II .... CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING FOR THE SOUTHSHORE SENIOR CENTER WHEREAS, the City of Shorewood has supported services for its elderly and disabled residents via Senior Community Services' Southshore Senior Center with the allocation of Community Development Block Grant funds; and WHEREAS, the City of Shorewood feels that the provision of services for its elderly and disabled residents is of great importance and should be continued. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the City of Shorewood recommends to the Consolidated Pool Selection Committee that CDBG funding of Senior Community Services' Southshore Senior Center is a high priority public service activity and should be continued. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 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 DATE: February 4, 2002 . FROM: Mayor and City Council . Craig W. Dawson, City Administrator ~ Appointing Tad Shaw as City Representative on the Minnetonka Community Education and Services (MCES) Advisory Board for 2002 TO: RE: At is special meeting on 28 January, the City Council interviewed Tad Shaw for reappointment to the MCES Advisory Board, and discussed the role of the MCES Advisory Board. Council will need to determine if it wishes to reappoint Mr. Shaw to this position for the year 2002. . . Council Action: Approval of a Resolution reappointing Tad Shaw as the City's MCES Advisory Board Representative for the year 2002. #3~ n t..,1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION APPOINTING TAD SHAW AS CITY REPRESENTATIVE ON THE MINNETONKA COMMUNITY EDUCATION AND SERVICES (MCES) ADVISORY BOARD FOR 2002 WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the MCES Advisory Board; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said Advisory Board; NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shorewood hereby appoints Mr. Tad Shaw as City Representative on the Minnetonka . Community Education and Services (MCES) Advisory Board for the year 2002. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February 2002. WOODY LOVE, MAYOR ATTEST: CRAIG w. DAWSON, CITY ADMINISTRATOR . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.03 SOOD. 2 OF THE SHOREWOOD ZONING CODE TO INCLUDE IMPERVIOUS SURFACE LIMITATIONS FOR LOTS NOT IN THE "S", SHORELAND DISTRICT Section 1. City Code Section 1201.03 Subd. 2. (Zoning Performance Standards) is hereby amended to add: "t. Impervious Surface: The maximum ratio of impervious surface to lot area for all lots in the "S", Shoreland zoning district shall be twenty five percent (25%). The maximum ratio of impervious surface to lot area for all lots that are not subject to "S" district requirements shall be as follows: . (1) Residential uses in the R-1A through R-3B zoning districts: thirty three percent (33%). (2) Governmental and public regulated utility buildings necessary for the health, safety and general welfare ofthe community; public or semi-public recreational buildings, neighborhood or community centers; public and private educational institutions; and religious institutions in the R-1A through R-3B zoning districts: sixty six percent (66%), provided that: (a) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended. . (b) Measures for the treatment of storm water runoff and or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and micro silt basins on storm water inlets, oil skimming devices, etc. (3) Commercial districts (R-C through C-4) and Lakeshore Recreational (L-R): sixty six (66%). A conditional use permit may be granted to exceed sixty six percent, provided that: (a) The proposed development of the site complies with all setback requirements for the district in which it is proposed. . (b) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended. :#3D (c) Measures for the treatment of storm water runoff and or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, etc. (d) The maximum ratio of impervious surface to lot area ratio shall not exceed seventy five percent (75%). (4) Planned Unit Development (PUD) districts shall be regulated based upon the various uses within the PUD. Residential portions of the PUD shall be subject to the provisions of (1) above. Commercial portions of the PUD shall be subject to the provisions of (2) above. Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 2002. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . -2- . . MEMORANDUM TO: FROM: DATE: 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 Mayor and City Council Craig W. Dawson, City Administrator Larry Brown, Director of Public Works ~ February 7, 2002 . Consideration of a Motion Establishing Spring Clean Up Day Staffis recommending that Saturday, May 18, 2002 be established as Spring-Clean Up Day. This date falls after the dates for opening fishing and Mother's Day, and before the Memorial Day long-weekend. Staff has contacted Goodwill Industries to see if they would be available to participate in this year's spring cleanup. Goodwill Industries had to suspend this operation last year due to labor s~ortages. Unfortunately, they do not see this operation being reinstated in the near future. Staffwill once again try to contact other charitable organizations to solicit their participation in the May 18 Spring Clean Up. #~ ~~ PRINTED ON RECYCLED PAPER 1F3~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 7 February 2002 RE: Fogarty, Catherine - Massage Therapist License FILE NO.: Central (Licenses) In July oflast year, the City adopted an ordinance establishing a licensing procedure for massage therapists; Catherine Fogarty has applied for such a license to conduct business at 19285 State Highway 7. Her request letter and credentials are attached for your reVIew. . Subject to payment of the annual fee, approval of the license is recommended. Since this is the fIrst license issued under this ordinance, please call me prior to the meeting if you have any questions. Cc: . Craig Dawson Tim Keane Catherine Fogarty q,. ~~ PRINTEO ON RECYCLEO PAPER =P3r Febmary 4,2002 Bradley J. Nielsen Planning Director 5755 Country Club Rd. Shorewood, MN. 55331 Dear Mr. Nielsen: Catherine M. Fogarty D.b.a. Ascending Energy 19285 Hwy. Seven, Suite 4 Shorewood,~. 55331 952-250-3809 . I am requesting an application for a massage therapy license.per our conversation on Friday February 1, 2002. I have a Bachelor of Science Degree from the University of Minnesota, a diploma from Sister Rosalind Gefre's Professional School of Massage, and continued education from the Upleger Institute for over 1000 hours of massage and. bodywork education. I also have professional insurance coverage through AB1v1P. I offer hours from 8:00 AM to 10:00 PM Monday -Friday and 8:00 AM to 5:00 PM Saturday. Sincerely, ([~ lfi"~f Catherine M. Fogarty CMT & Reflexologist ,j,C fl" .,,7 J,- <-!eJl. C ~ . '"""' 1 . ~ Ii 0 II 1/ .:It&t;' 02- . XItltt ~gtnt5 nf tlte UNIVERSITY OF MINNESOTA on retOUtltttubntion nf iIte fnntltu hant tl1ltferreb upon QJ:atlr~rim ~ari~ JJf llgar~ iIte begree of ~nt4tlor of ~ cittttt fuitlf all its pduileges ana ohligations <ii\.Icn at ~itttteapoHs, in tIre ~tatt of 2MittttesuUt, ~ ffttt~..fir~t bau of ~uI\!1 ltintttt1t lflmbrtb mtb ttimilJ-tiglJt. ~~ /7.A2~ ~ QI~rtifitat~ of ~nsurant~ OCCURRENCE COVERAGE ABMP In-Dues Liability Program @ INSURED MAILING ADDRESS: Associated Bodywork & Massage Professionals and Individual Members in Good Standing 1271 Sugarbush Drive Evergreen. CO 80439-9766 POllCY #CL 480100018-1 EVANSTON INSURANCE CO. PRODUCER: Midwest General Agency AGENT/BROKER: Midwest General Agency MASTER POLICY EFFECTIVE DATE: 9/1/2000 Coverage allorded to Individual members by this policy Is applicable [or a period o[ 12 months [rom the date the member Is added by endorsement or until the individual member's coverage is cancelled or they cease to be an active member o[ the association. LIABILITY LIMITS (per member) COMMERCIAL GENERAL LIABILITY . GENERAL AGGREGATE,.................... ......................... ...............$3.000.000 .' P~ODU<::T~COMP/OP AGGRE9ArE .;~..~.....:...........................$3.000.000 '.PROFESSION~ AGGREG~TE...:,;.;..:i..~;.~........;..........................$3.000.000 ". PERSONAL & ADVERTIS1NGINJ,l,JRy.;::.:.................................$2,OOO.000 EACH OCCUR~NCE ;;;;,:..>./...,j:..:;.:~L;:........ .......................$2.000.000 FIRE DAMAGE;' (anyon~' fi~'e) ..:.:...:.:':::...':.....................................$100.000 : , . ,., ~ , , :; \ .. , '~. . . I: " .~.~,::::,'<::.;~'_~..",'.._. :,:/,'''-:.., r ~ '':':'' _",,;- ," '.. l:~':'. '''';'..-~''::'' :">,,,,,":~,:.".., ,,~~.:,.::;,:,.,_.: "":::'<::':.,.'" To verify inf!9,rm~!i,9#~"<7on~a.cf A~~~...T~I:;.(39~;6,7:4~$17R;f~: (303) 674-0859 This certificate provides proof ~t~py1ra~~t%,t.Q~1I}d!vid~all'\~edc;:eftif!~a,t~h,Ql~e~ (rl}~.lllber)'9nly;Th,is ~ertiflcate DOES NOT provide proof of coverage for any employ,~~.,!Adep~d~n,tcoIl~ra~tpr~;~ij/or.~n,Y()therint;1I"lcjualsaff~Ia:~~Q".yiththe named certificate holder. Each INDIVIDUAL insured ABMP me~berls.i~~l!~d.tlieirO:wrtcl;rtUica,te 6fiI}~l,Irl!-nf~.Cov~rages ar_eya:Ii~JrC?m,th~ membership Inception date to the membership expiration date.\':':..-)\.,.,~::.:~},i;~~\)i.,;\..~:.;::,.}:.:,};'U,;;:;i"};i;:.\ \. 1/,::>'" .':. ' " ..... -;..' - ...:i . \;,:".~ ,~" ,,:,:-.",1 1" :".,;;.>~\/".~~;\....;.. ~ \~:' COVERAGES - '",).. '.' .,'..., '::1/.. . ',' . ,'. ".- TillS IS TO CEI~TIFY THAT1'HE l'OLlCY OF INSURANCE.'L1STED BELOW HAS. BEEN rSSUEDl'O T~E INSURED NAMED ADOVE FOR,THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTli.RESPECTTO WHICH THIS;CERTIFICATE MAY. BE)5SUED OR MAY PERTAiN, THE INSURANCE AFFORDE\) BY THE POLICY DESCRII3ED HEREiN is SUBJECTrp,AL!-THE.TERMS..EXCLUgIONS, MID CO(llDITlqNS.OF SUCI'IPOLICY"LlMITS,&HOWN.&!AvHAVE BEEN REDUCED BY CLAiMS PAID. COPY OF POL- ICY AVAiLABLE UPON REQUEST (SiO.OO CHAR~;::\,;'::);':,':;:!:':'~ ;:':':~i;;{;'X:"~.. :}T;";t;:"\ ::~':'::~"':: .......: ;. . '.': ":. · . '.., : .hl$ certlllcate Is issued as a matter ullnrorm~~~l; ~~.iii~~~'i:~n~.n~ ~'~h;~!IJ;~~ ti~~ ~~r;;~c~;~ i~~'~er. . ': ' ::: ~~ITl~NAL' ~NSURED: (witll/nception Date) hlscertlllcatedoesnutal1lend,extend,oralterlhe~o'vc:rlllleal!R~ded~yt~!I'pOll,c~ABOVE,' ;, : ". ....' .;" ,;' ..,. ., ..','" ,.,' ~'<'.":_';<.:~"-~' .~":",,,'''',:' .<~~.._..~>~ ',.. '~:::'.. '.: h:....,~~:,r:;.}..~' CERTIFICATE HOLDER.'-;', ;.>...-.;::.... '. fl ~ ....' I ~. . .:. (Active Registered Members are on file witll tile ABMP Membership q~ai.r.f!l(ln.y :"'AScending Energy 05/12/01 Member Name: Membership I.D. # Loyal Member Since: Membership/PoUey Term Expiration: Issue Date: Catherine Marie Fogarty 522810 May 22, 1999 .i...."?..:'.}. ',:i ::.:" l~ May 21, 2002 May 22, 2001 Authorized Representative CANCELLATION: Should the above described polley be cancelled belore the e.~plratlon dale thereol. the Issuing company wlll endeavor to mail 10 days written notice lor non payment or 3U days written nolicelor any other reason to the certllicate hoider named above. butlailure to mail such notice shall Impose no obligation or liability 01 any kind upon the company. Its agents or representatives. Per form ME 009 (4/99) o Printed on recycled slack. @200/ABMP Rev. 11/0/ , 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: February 7, 2002 cc: Honorable Mayor and City Council Members ~ Bonnie Burton, Finance Director/Treasurer ~ Craig W. Dawson, City Administrator ~ Liquor Store Job Description: Full-Time Liquor Clerk To: . From: Re: Liquor Operations Director Don Swandby has identified a need for a Full-Time Liquor Clerk position within the liquor operation. This position would replace the liquor position formerly known as the Lead Clerk and it would be eligible for all employee benefits. The suggested starting salary is $20,384 annually, and with progression to $25,451 annually after 20 years. . Last fall, the Shorewood City Council, upon recommendation by the Liquor Committee, authorized the Liquor Operations Director to hire several Assistant Liquor Managers for the three stores. Don has filled all but one ofthose positions and has identified the Full-Time Liquor Clerk position as a good alternative to hiring another Assistant Manager at this time, given the uncertain status of the Tonka Bay store. The Liquor Committee recommends adoption of this job description and authorization to hire. Recommended Council Action Staff recommends a motion authorizing adoption of the Full-Time Liquor Clerk job description and the posting of that position with intent to hire a qualified candidate. #. t.J PRINTED ON RECYCLED PAPER J:.jb-1 .!' CITY OF SHOREWOOD Position FIT Liquor Store Clerk (Lead Clerk) Obiective and Scope: To assume the responsibilities necessary to attain the objectives of the Shorewood Liquor Operation in the absence ofthe Manager / Assistant Manager. Relationship: Reports to: Liquor Store Manager and Assistant Liquor Store Manager Supervises: Employees when Store Manager and Assistant Manager are not present Schedule: Non-Exempt employee, 40-hour work week with overtime as needed. Some evenings and a shift on Friday and on Saturday. . Essential Job Functions: 1. Financial Control: A. Assists in controlling expenses and maintaining profits. B. Assists in monthly inventory activities. 2. Verifications: A. Assists in product transfers between stores. B. Recommends new products to Manager. . C. Assists with the inventory process. 3. Developmental Programs: A. Assists in developing retail objectives. B. Assists in enforcement of all policies and procedures. C. Recommends products and brands to be carried. D. Assists in product display placement and shelf sets. E. Maintains cleanliness for customer's convenience and proper traffic flow in all stores. 4. Personnel Matters: A. COmnlunicates with Manager on a daily basis. . I' \ . . Liquor Store Clerk (Lead Clerk) Page 2 . B. Supervises part-time employees in absence of Store Manager or Assistant Store Manager. C. Represents the City in a professional manner at all times. D. Assists with employee orientations. . 5. Daily Operations: A. Conducts complete store opening/closing procedures. B. Assists in the use of the cash register for sales and reports. C. Supervises internal controls. D. Provides direct supervision and guidance to all part-time personnel in the absence of Store Manager and Assistant Store Manager. D. Assures professional service to customers. F. Reviews accuracy of received goods. Requirements: 1. Education: High School graduate. 2. Must be able to perform basic mathematical computations including addition, subtraction, multiplication and division. 3. Must have the ability to read and c~mprehend written information (examples: driver's license, credit cards, flyers, etc.) and written instructions (examples: memorandums, rebate offers, safety warnings, etc.). Desired Qualifications: 1. Ability to handle public contact with tact and effectiveness in order to maintain good public relations. . 2. Ability to present self in a professional manner at all times. 3. . Must maintain a proper neat and clean appearance. 4. Experience in operating a cash register. 5. Knowledge of the various brands and cominon usage of liquors and merchandise sold in liquor store. 6. Prefer a minimum of three years experience in retail operations. Liquor Store Clerk (Lead Clerk) Page 3 . \ -' 7. Ability to administer the Lead Shift Person's duties in a sound businesslike manner which commands the respect of the public as well as other municipal liquor store personnel. Physical Demands: 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle or feel objects, tools, or controls and to operate a variety of office and/or store equipment. The employee is frequently required to stand, walk, reach with hands and arms, climb or balance, and stoop, kneel, or crouch. . 2. Employee must occasionally lift, move and carry up to 50 pounds. 3. Specific vision abilities required by job include close vision an~ the ability to adjust focus. The physical demands described above represent those that must,be met by an employee to . successfully perform the essential functions of this job; Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work Environment: 1. The work envirolUn~nt is that of a typical retail liquor store. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Equipment typically operated includes cash register, inventory scanner and two-wheel hand truck. 4. Subject to frequent exposure to cold temperatures by entering and exiting the cooler. The work environment characteristics described above are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JANUARY 15, 2002 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:00 P.M. APPROVAL OF MINUTES . January 8, 2002 . Gagne moved, Pisula seconded, Approving the January 8, 2002, Planning Commission Meeting Minutes as amended on Page 2, Paragraph 1, Sentence 3, change "further consideration should be given" to "further consideration at a later date should be given," and Paragraph 7, Sentence 3, change "form" to "from," and Paragraph 8, Sentence 1, change "recommend" to "recommended," and on Page 3, Paragraph 1, Sentence 3, omit "lighting, diversity in trees being recommended for use in preservation and reforestation plans." Motion passed 7/0. 1. PUBLIC HEARING - SETBACK VARIANCE Applicant: D. Carter Location: 26330 Noble Road Director Nielsen stated at the request of the applicant, this matter should be continued to the February 5, 2002, Planning Commission Meeting. Motion passed 7/0. Woodruff moved, Borkon seconded, continuing a Request for a Setback Variance to February 5, 2002, for D. Carter, 26330 Noble Road. Motion passed 7/0. 2. SIMPLE SUBDIVISION/COMBINATION Applicant: Richard Bowman Location: 20025/19915 Manor Road . Director Nielsen explained the applicant's home was located atop a hill in the center of approximately 8 acres ofland at 20025 Manor Road. The applicant proposed conveying the northern 40 feet of his property to the owner to the north. The lot included wetland areas to the north and south of the home site. He noted ordinarily this matter was quite simple, however, this request was complicated due to the fact that the property to the north was located in Deephaven, Minnesota. He also noted the Deephaven parcel contained approximately 51, 000 square feet of area, some of which was wetland. He noted the proposed division/combination would not adversely impact any future subdivision of the Bowman property; however, certain issues would need to be addressed as part of the request. Since the property would extend across municipal boundaries, it would have two separate tax identification numbers. So the 40-foot parcel would never be conveyed as a separate lot, it was also recommended that protective covenants be recorded with each parcel, stating this intent. Since the previous recommendation involved property in Deephaven, Director Nielsen recommended the City of Deephaven approve the division/combination of the two sites. In addition, no buildings should be allowed to extend over the municipal boundary, and the City of Deephaven should handle all building permit requests. Planning Commission Meeting Minutes January 15 2002 Page 2 of9 Mr. Mark Kawell, 19915 Manor Road, and the prospective buyer to the north, stated he would be available to answer any questions the Commission had regarding this matter. Pisula moved, Packard seconded, Recommending Approval of a Simple Subdivision/Combination for Richard Bowman, 20025/19915 Manor Road, subject to staff recommendations. Motion passed 7/0. With the approval of the maker and seconder ofthe motion, the motion was amended to include the provision no buildings should be allowed to extend over the municipal boundary as part of the protective covenant. 3. 7:10 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT-PARKING LOT Applicant: Lake Fellowship Unitarian Church Location: 24575 Glen Road Chair Bailey opened the Public Hearing at 7: 17 P.M. and reviewed the procedures utilized in a Public Hearing. He noted any matters recommended for approval this evening would appear on the City Council Regular Meeting Agenda for January 28,2002. Director Nielsen reviewed the background regarding this matter, noting the Lake Fellowship Unitarian Church had requested a Conditional Use Permit relative to the paving of the church parking lot at 24575 Glen Road. The church fellowship had been advised in September, 2001, they had violated the City's Zoning Code by paving the church parking area without the necessary permits. Because churches are conditional uses within residential zoning districts, any modification to the site would require approval of a conditional use permit. Since the work was mostly completed, this request was for an "after-the-fact" permit. He also noted an extension had been granted from the originally designated deadline for compliance, in order for the Fellowship to complete a survey of the site and a wetland delineation. Director Nielsen then reviewed the zoning designations for the site as well as land uses and zoning surrounding the site. He noted the site to be quite wooded and characterized by a knoll in the center, dropping off twenty feet or more to wetland areas on the east and west sides. The wetland to the east of the City extended down into the City's Gideon Glen project. The church building and parking area were situated on the front third of the site. The building contained approximately 1120 square feet of area, of which the main assembly area occupied 720 square feet. With regard to the requirements set forth in the City's Zoning Code, Director Nielsen noted there were several issues of concern requiring correction for compliance within the request for a Conditional Use Permit. He noted with the exception of the access drive, no portion of the parking lot would be allowed to be located within the frontyard setback area. Currently, the parking lot, as paved, encroached approximately 28 feet into the setback area. Also, he noted the applicants' survey was inconsistent with regard to the correct number of parking stalls found in the landscape plan. He reviewed a number of options for providing the correct number of parking spaces on the site, noting there was room for a maximum of 13 spaces, based upon 9' x 20' stalls. In order to achieve the 13 spaces the length of the parking lot would allow, the depth of the lot must be at lease 40 feet. This would provide for one 18-foot deep tier of parking with a 22-foot aisle. In order to accomplish this, 10 to 12 feet of paving must be added to the south side of the parking lot, after the encroaching pavement had been removed. More parking could be achieved using a two-tier parking lot, he explained. The City's Zoning Code required parking lots to have continuous poured concrete curbing around the perimeter ofthe lot. Parking spaces must be striped to achieve the required 9' x 20' minifnum size. He explained the Minnehaha Creek Watershed District (MCWD) was also reviewing this request. The MCWD had expressed concerns that continuous curbing would channel water more rapidly to the wetland area to the east. As a compromise, it was suggested the applicants be allowed to place concrete blocks, . . Planning Commission Meeting Minutes January 15 2002 Page 3 of9 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. He commented this suggestion strayed from the ordinance a bit, but would meet City expectations and satisfy MCWD requirements. Furthermore, he noted the landscaping plan submitted appeared adequate, however, the plants to the east of the driveway must be kept to a maximum height of 30 inches to maintain sight lines for cars exiting the site to Glen Road. Also, upon review of this request, it was discovered that the church property consisted of three separate parcels of land. He recommended a condition of approval include a requirement that the three lots be legally combined within Hennepin County records. He recommended the Conditional Use Permit be granted subject to correction of the pavement to comply with the Code, using one of the options presented this evening. Further, he recommended the work to be completed, including the striping, landscaping, and curbing as recommended, be completed no later than the end of July, 2002. The modified plan should also be subject to the requirements of the MCWD. . Mr. Tom Everson, a Chaska resident representing the Lake Fellowship Unitarian Church, publicly apologized for the inadequate handling of this matter. He noted poor choices were made as well as an assumption that the contractor responsible for paving the lot had properly secured the correct permits from the City. He explained it was the intention of the Church to work with the City to corre.ct the non- compliant areas as best as possible. He stated the parking lot had not been expanded in any way. The paving was done in effort to stop the sinking ground and mud on the site in the parking area. He also requested posts be allowed to be utilized instead of the concrete blocks. He stated this would designate the edge ofthe parking area and would also allow the parking lot to "sheet." He noted people had left the Church because of aesthetics involved in this matter. He requested the Commission allow the parking lot to be "grandfathered in," noting it was never the intent of the Church to be deceptive. . Mr. Clay Atkinson, 5735 Brentridge Drive, stated he was one of the people that had left the Church because of this matter, however, he stated it was due to the procedural issues involved rather than aesthetics. He also stated he believed the paving was done without intent. He noted the lot had been there for 40 years, and inappropriate processes had been utilized to make decisions about paving the lot. He likened the Church to a family complete with the normal amount of family quarrels related to money. He also requested the Commission give consideration to extending the deadline to allow the Fellowship to generate funds to properly stripe the lot. Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:41 P.M. A brief discussion by the Commission ensued regarding the history and soil content of the site. In addition, discussion occurred regarding the specifics of removal ofthe paved area. Mr. Everson also noted the contractor responsible for paving the parking area was present this evening if the Commission had any questions of him. Commissioner White questioned the purpose of the continuous curbing. Director Nielsen explained it was not to keep the water on the lot, but to keep the cars on the pavement. Without a barrier such as proposed, cars and snowplows would run off the edge of the pavement and create erosion control issues. Mr. Everson stated he had spoken with MCWD representatives. He stated the MCWD had requested the parking lot "sheet drainage" and representatives had proposed an agreement be signed by the Fellowship stating the asphalt would be swept twice a year to avoid mud and debris from building up on the parking lot. Planning Commission Meeting Minutes January 15 2002 Page 4 of9 Chair Bailey stated he had concerns with deviating from the Code in this matter. Director Nielsen stated he had recommended the concrete blocks, rather than the continuous poured concrete based on the MCWD idea of sheeting consistently around the edge. He acknowledged Chair Bailey's concern that what was being requested was quite close to requiring a variance. Chair Bailey stated he was concerned the Commission was being asked to be subjective in this case, noting the post and chain would seem to necessitate a variance request. Mr. Everson requested clarification on the issues regarding a variance. Various members of the Commission provided clarification regarding the differences between a request for a Conditional Use Permit and a request for a Variance in this matter. Pisula moved, Gagne seconded, approving a Conditional Use Permit, subject to staff recommendations, for the Lake Fellowship Unitarian Church, 24575 Glen Road. Commissioner Borkon expressed concern for the blocks with holes being utilized instead of the continuous curbing consistent with Zoning Code requirements. Chair Bailey and Commissioner Woodruff also agreed. Director Nielsen noted the MCWD might have different requirements than the . City that could possibly create a hardship in this matter and noted most church parking lots were paved. Commissioner Borkon asked whether any other options were available and suggested, if not, she recommended the use ofa variance in this matter. Director Nielsen also agreed and recommended continuing this matter until the City Engineer could address any MCWD concerns and determine whether other curbing options could be utilized to meet the Zoning Code requirements, thus, avoiding setting a precedent in this case. Without objection from the Commission, Commissioner Pisula withdrew the motion on the floor. Gagne moved, Pisula seconded, continuing this request for a Conditional Use Permit for Lake Fellowship Unitarian Church, 24575 Glen Road, until March 6, 2002. Motion passed 7/0. Chair Bailey encouraged Mr. Everson to begin dealing with issues that would be found in a variance request related to this matter. 4. 7:20 P.M. PUBLIC HEARING-C.U.P. FOR ACCESSORY SPACE OVER 1200 SO.FT. Applicant: Russell and Luaina Hagen Location: 5790 Christmas Lake Point . Chair Bailey opened the Public Hearing at 8:20 P.M. Director Nielsen explained the applicants live at 5790 Christmas Lake Point and have purchased the home next door at 5795 Christmas Point. The applicants proposed to demolish the existing house at 5795, combine the two lots and add on to their existing house and garage. Since the total amount of garage space on the site would exceed 1200 square feet of floor area, a Conditional Use Permit was being requested. He noted the property was zoned Single-Family Residential/Shoreland and contained a total of 113,303 square feet of area (2.6 acres) between the two lots. The applicants proposed adding 2415 feet to the main level of the home, with approximately the same floor area on the lower level. The total main floor area would be 4875 square feet. The new garage space would contain 938 square feet, bringing the total area of accessory space to 1638 square feet. Planning Commission Meeting Minutes January 15 2002 Page 50f9 Director Nielsen reviewed the criteria relating to this request, noting the amount of hardcover on the site would be reduced as a result of this project. In addition, he noted the applicants' architect had been very careful to comply with the 20-foot bluff setback. The grade on the east side of the home would be restored after the old house would be demolished. Nonconforming structures near the shoreline on the east side of the lot would be removed as a condition of the building permit. Architectural compatibility was not considered to be an issue. For these reasons, he recommended approval as presented. Director Nielsen stated the Hagens were in attendance this evening. Mr. Hagen stated he would be available for any further questions regarding the project. Mr. Jody Keppers, architect from Keith Waters and Associates representing the applicants, was also in attendance and presented a computer enhanced drawing of the proposal, noting he would also be available for any further questions. Chair Bailey closed the Public Testimony portion of the Public Hearing at 8:26 P.M. . Woodruff moved, Gagne seconded, Recommending approval for a Conditional Use Permit, subject to staff recommendations, for Accessory Space Over 1200 Square Feet for Russell and Luaina Hagen, 5790 Christmas Lake Point. Motion passed 7/0. Chair Bailey noted this item would appear on the Regular City Council Meeting Agenda for January 28, 2002. After a brief survey of the audience and without objection from the Commission, Chair Bailey recommended reviewing Items 6 and 7 prior to addressing Item 5 on this evening's Agenda. Chair Bailey recessed the meeting at 8:25 P.M., and reconvened the meeting at 8:32 P.M. 5. 7:30 P.M. PUBLIC HEARING - SUBDIVISION ORDINANCE REVISIONS This item was moved to follow Item 7 in this evening's Agenda. 6. 7:40 P.M. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT- LOW/MEDIUM RESIDENTIAL TO PUBLIC Proiect: Public Safety Facility Location: 24140 Smithtown Road . Chair Bailey opened the Public Hearing at 8:33 P.M. Director Nielsen explained the Excelsior Fire District (EFD) had purchased the property at 24140 Smithtown Road for use as a joint police and fIre facility. The site contained approximately 6.75 acres and was located in a Single and Two-Family Residential zoning district. He also explained a public safety facility such as this would be listed as a conditional use in residential districts. It was recommended the Shorewood Comprehensive Plan be amended to address the use of the property as a public safety facility. He then reviewed the proposed text changes to the Comprehensive Plan, noting the proposed revisions recommend the police and fIre departments share one facility on the subject site. He also noted the current land use designation for the property was "Low to Medium Residential" and as a public safety facility would need to be changed to "Public." Additionally, he explained references would be made in the text to protecting the residential neighborhood to the east and maintaining the majority of the activity to the Public Works maintenance drive and away from Shorewood Lane. He noted aside from being a residential street, sight lines from Shorewood Lane to County Road 19 were not as good as the Planning Commission Meeting Minutes January 15 2002 Page 6of9 maintenance drive intersection. He noted the Conditional Use Permit would include considerable detail with respect to the actual site design, and it was anticipated the Conditional Use Permit would be scheduled for a Public Hearing in March or April of this year. He recommended approval of this amendment to the Comprehensive Plan, and noted EFD Fire Chief Mark DuCharme was in attendance this evening should there be any questions. There were no questions from the Commission regarding need or proposed text revisions related to this matter. Allan Vanderlinde, 5550-5560 Shorewood Lane, was concerned for the impact the proposed facility would have on his property. Chair Bailey reminded the audience of the purpose ofthe request before the Commission this evening. Joanne Schaub, 5465 Timber Lane, questioned whether the EFD facility was placed far enough from the current firehouse in Excelsior. She also was concerned for the use of sirens in the area. Fire Chief DuCharme explained there were no sirens on the proposed fire stations, and the station in Excelsior would be decommissioned. He noted the current station was leased from the City of Excelsior, and the EFD had . no control over the current sirens being activated throughout each day. He noted firefighters were dispatched by pagers currently. In response to Ms. Schaub's question, Fire Chief DuCharme explained the EFD was in negotiations regarding a proposed site in Deephaven for a facility on the eastern side of the South Lake Minnetonka community. Ron Rousar, 5585 Shorewood Lane, stated he was appreciative of the spirit Fire Chief DuCharme shared in his concern that the EFD be a good neighbor within the residential district. He thought it an advantage to receive services in such close proximity to his property, but hoped the EFD was conducive to keeping order on a site that was not owner-occupied. In addition, he hoped to be considered in adjustments being made to the site. Fire Chief DuCharme explained the City and the EFD wanted to be sure the Fire District would be a good neighbor, and Mr. Rousar's property was of foremost concern. In addition, he commented the site was being designed to enhance rather than detract from surrounding properties. Ms. Schaub questioned whether plans had been made to interact with the County Road 19 Redevelopment project in the area. Fire Chief DuCharme explained he believed the redevelopment project made it a great time to move the proposed public safety facility project forward as property owners in the area would be disrupted only one time while both projects were being completed. . Chair Bailey closed the Public Testimony portion of the Public Hearing at 8:53 P.M. Commissioner Gagne stated he was concerned for signalization in the area and would like to avoid having any additional traffic on Shorewood Lane. Commissioner Packard also agreed. Mr. Vandelinde questioned the need for the new facility. Fire Chief DuCharme explained the current fire facility was over 50 years old and was inadequate for future demands. Chair Bailey noted there was no debate to the need for the facility this evening. Chair Bailey reopened the Public Testimony portion of the Public Hearing for additional clarification regarding the proposed facility at 9:03 P.M., and again closed the Public Testimony portion of the Public Hearing at 9:06 P.M. Commissioner Borkon asked for clarification regarding jurisdictional powers and characteristic uses for the EFD. Director Nielsen explained the EFD was a separate entity subordinate to the member cities' Councils. Fire Chief DuCharme explained there would be classroom and field training on the site, and as Planning Commission Meeting Minutes January 152002 Page 7 of9 plans were in the "design phase" currently, he was guessing this training would occur on the west side of the facility. Commissioner Borkon then asked if consideration had been given to expansion on site for additional uses. Fire Chief DuCharme stated consideration had been given to the future activities on the site with regard to Emergency Management practices. He noted there had been talk of a training facility, but there were no plans currently for such a facility due to the cost. Also, he commented plans were being made to keep the portion of the property near the trail as park-like as possible and still allow access to the trail from the front of the property. He stated there were no plans for specific future activities for the site, but would not rule out plans for use in the future. Director Nielsen, in response to Commissioner Borkon's question, stated the EFD would need to meet City zoning code requirements with any future requests for expansion on the site. Mr. Rousar requested lighting be minimized on the site as much as possible when giving consideration to plans for the site. . Chair Bailey commented it was important that the facility work with the neighborhood and not become an imposition, as the site was not a police and fire facility when surrounding neighbors moved to that location. Director Nielsen stated the City must meet the requirements of its own rules, noting any future changes would require use of the Conditional Use Permitting process. Gagne moved, White seconded, Recommending Approval for a Comprehensive Plan Amendment from LowlMedium Residential to Public, subject to staff recommendations, for the Public Safety Facility, 24140 Smithtown Road. Commissioner Borkon stated she wholeheartedly supported the need for the project but was a bit uncomfortable approving this matter, as the site plans were somewhat vague and ambiguous at this time. She encouraged the City to be cautious in steps taken to support the project without having definitive plans for the future. . Chair Bailey stated he supported the need, but thought all parties involved needed to be cognizant there were neighbors living close by that had not requested to be located next to a facility such as the kind being proposed. Motion passed 7/0. 7. REVIEW REDEVELOPMENT PLAN - SOUTH LAKE MINNETONKA PUBLIC SAFETY FACILITY Administrator Dawson explained the Excelsior Fire District (EFD) had identified the property at 24140 Smithtown Road as the best geographic location for the west station in a two-station system to serve its five cities. Since the acquisition of the property for this purpose, the councils of the four member cities of the South Lake Minnetonka Police Department (SLMPD) had made commitments also to build a new police station on the property. The project would be known as the South Lake Minnetonka Public Safety Facility, in which the police and fire departments would be jointly housed. He noted, with shared facilities and a ~ommon site, it was estimated that approximately $1 million would be saved compared to constructing facilities on separate sites. He then reviewed the involvement of the Shorewood Economic Development Authority (EDA), and explained eligibility requirements for an EDA project such as this one. Upon review of the sequence of actions regarding this matter, he noted State statute required the Commission provide a "written opinion" that the project plan for the facility conformed to the general Planning Commission Meeting Minutes January 152002 Page 8of9 plan for the City's development. He explained consideration should be given by the Commission as to whether the use was consistent with the City's Comprehensive Plan with regard to designated land use for the site, provision of facilities to deliver public services, transportation, general development policies, etc. He also explained the opinion from the Commission that the Project Plan was consistent with the Comprehensive Plan did not indicate the Commission had many any recommendation on site plans or building designs. Borkon moved, Gagne seconded, Approving the drafted opinion as presented. Motion passed 7/0. Administrator Dawson and Fire Chief DuCharme thanked the Commission for its consideration in these matters this evening. The Commission next addressed Item 5 in this Agenda. A PUBLIC HEARING - SUBDIVISION ORDINANCE REVISIONS Chair Bailey opened the Public Hearing at 10:04 P.M. . Director Nielsen explained the Commission had been presented with a complete update of the Shorewood Subdivision Ordinance, noting the current ordinance had been drafted in 1971. He explained this ordinance regulated how land could be subdivided or split up within the City. The goal of the revision was to bring the ordinance up to date with current statutes in a standardized format as well as establishing rules and regulations that would implement good planning practices within the Shorewood Comprehensive Plan. The draft ordinance included a number of revisions including definitions of preliminary and final plat as well as procedures for filing and review, noting engineering standards for construction of streets and utilities would be addressed under a separate design manual. In addition, he stated the ordinance would now include processes for considering issues of resubdivision, drainage and utility easements, public utilities, minor subdivisions/combinations, and variances. He recommended continuing this matter until February 5, 2002, pending review by the City Attorney and Engineer. As there was no one present wishing to address this issue, Chair Bailey closed the Public Testimony portion of the Hearing at 10:07 P.M. . The Commission nextreviewedthe proposed language for the ordinance. Packard moved, White seconded, continuing the review of the Subdivision Ordinance until February 5 2002. Motion passed 7/0. 8. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. After a brief flurry of nominations for the Planning Commission Chair and Vice-Chair positions, Mr. Jeff Bailey accepted nomination for Chair, and Mr. James Pisula accepted nomination for Vice-Chair for the upcommg year. Gagne moved, Pisula seconded, approving Mr. Jeff Bailey as Chair and Mr. James Pisula as Vice- Chair for the Planning Commission for the Year 2002. Motion passed 7/0. . . Planning Commission Meeting Minutes January 15 2002 Page 9 of9 9. DRAFT NEXT MEETING AGENDA Director Nielsen noted there were one or two items requiring consideration on the February 5,2002, Planning Commission Agenda. The Carter variance has been continued to that date. Nielsen did not recall what the other item might be. In addition, review of Planning District #11, and discussion regarding the Organized Refuse Collection were also slated for the Agenda as well. 10. REPORTS Commissioner Borkon reported on matters considered and actions taken at the January 14,2002, Regular City Council Meeting (as detailed in the minutes of that meeting). The Commission established Liaisons to the City Council as follows: Month February March April May June July Commissioner Pisula Packard Borkon Woodruff Gagne White 11. ADJOURNMENT Borkon moved, Gagne seconded, adjourning the January 15,2002, Planning Commission Meeting at 10:43 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Shorewood Subdivision Ordinance Recommended by the Shorewood Planning Commission 5 February 2002 . Chair Jeff Bailey Deborah Borkon Robert Gagne Ann Packard Jim Pisula Kathe White Donna Woodruff Adopted by the Shorewood City Council 11 February 2002 . Mayor Woody Love John Garfunkel Christine Lizee Laura Turgeon Scott Zerby Published 20 February 2002 TITLE . SECTION 1202.01 SECTION 1202.02 SECTION 1202.03 Subd. 1 Subd.2 Subd. 3 SECTION 1202.04 Subd. 1 Subd.2 Subd. 3 Subd. 4 SECTION 1202.05 Subd. 1 Subd.2 Subd. 3 Subd. 4 Subd. 5 Subd.6 Subd. 7 Subd.8 Subd.9 SECTION 1202.06 SECTION 1202.07 Subd. 1 Subd.2 Subd. 3 Subd.4 Subd. 5 Subd.6 SECTION 1202.08 Subd. 1 Subd.2 SECTION 1202.09 Subd. 1 Subd. 2 SECTION 1202.10 Subd. 1 . Subd.2 SECTION 1202.11 TABLE OF CONTENTS EXPLANATION ............................................................................P AGE TITLE AND APPLICATION ........................................................ ........1 DEFINITIONS........................................................................................ 3 PROCEDURES FOR FILING AND REVIEW ...................................6 Sketch Plan................................................................................................ 6 Preliminary Plat......................................................................................... 6 Final Plat................................................................................................... 7 PLAT AND DATA REQUIREMENTS ................................................8 Sketch Plan................................................................................................ 8 Preliminary Plat..............................................................................:......... ..8 Final Plat............................................ ........ ..... ..................................,...... 11 Certification Required............................................................................. 12 DESIGN STANDARDS .............. ...... ....... ...... ........... ..... ....... ........... .....12 Blocks...................................................................................................... 12 Lots.......................................................................................................... 13 Political Boundaries ............... ........... ...... ...... ................. ..... ............. .......13 Streets and Alleys .................. ....................................................... .......... 14 Provisions for Resubdivision of Large Lots and Parcels ........................15 Easements................................................................................................ 15 Erosion and Sediment Control................................................................ 15 Storm Drainage ............. ........ ........... ................................. ............ ..........16 Protected Areas... ............. .................................................... ................... 16 PUBLIC LAND DEDICATION ..........................................................16 REQUIRED IMPROVEMENTS......................................................... 17 General Provisions..... ............................................................................. 17 Monuments.............................................................................................. 18 Street Improvements ....... ........................ ....................... .............. .......... .18 Community Facilities Improvements .......................... ....... .....................19 Semi-Public Utilities ............................................................................. ..19 Election by City to Install Improvements ...............................................19 NON-PLATTED SUBDIVISIONS ................................................. .....19 Registered Land Surveys ..... ........................... ....................... ..... .......... ..19 Minor Subdivision and Lot Combination ...............................................20 VARIANCES AND APPEALS ............................................................22 Findings. ...... ... ... ................................................................................ ......22 Variance Application Procedures ............ ............................................... 22 VIOLATIONS AND PENALTy.... ..................................................... 24 Misrepresentation as to Construction, Supervision, or Inspection of Improvements..................................................................................... 24 Penalty............... ...................................................................................... 24 ENACTMENT....................................................................................... 24 CHAPTER 1202 SUBDIVISION REGULATIONS AN ORDINANCE FOR THE PURPOSES OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING OR SUBDIVISION AND LAND DEVELOPMENT IN THE CITY OF SHOREWOOD, MINNESOTA THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN: SECTION 1202.01 TITLE AND APPLICATION: Subd. 1. Title: This Ordinance shall be known as "City of Shorewood Subdivision Ordinance" except as referred to herein, where it shall be known as "this Ordinance". . Subd.2. Purpose: It is the purpose of this Ordinance to safeguard the best interests of the City of Shorewood and to assist developers and subdividers of land in harmonizing their interests with those of the City. It is the purpose of this Ordinance to make certain regulations and requirements for the subdivision of land within the City of Shorewood, pursuant to the authority contained in Minnesota State Statutes, which regulations the City Council deems necessary for the health, safety and general welfare of this community. This Ordinance is intended to promote good planning practice and to ensure orderly growth and development and shall supplement and implement the provisions of the Shorewood Comprehensive Plan and the Shorewood Zoning Code. Subd.3. Application of Requirements: . a. Relationship to Other Laws: Where the conditions imposed by any provision of this Ordinance are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the City, the ordinance, rule or regulation that imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from such determination may be made in the manner provided herein. . b. Minimum Requirement: In the interpretation of this Ordinance, its provisions shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. Subd. 4. Approvals Necessary for Acceptance of Subdivision Plats: Before any plat shall be recorded or be of legal effect, it shall be referred to the City Planning Commission and approved by the City Council of Shorewood as having fulfilled the requirements of this Ordinance. Subd. 5. Conditions for Recording: No plat of any subdivision shall be entitled to be recorded in the Hennepin County Recorder's Office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this Ordinance. Subd. 6. Permits: No building permits shall be granted by the City of Shorewood for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this Ordinance have been fully complied with. Subd.7. Exceptions: Except in the case ofresubdivision,this Ordinance shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the Hennepin County Register of Deeds for Registrar of Titles prior to the effective date of this Ordinance. Page 1 Subd. 8. Rules: The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: a. The singular number shall include the plural and the plural the singular. b. The present tense includes the past and future tenses and the future the present. c. The word "shall" is mandatory while, the word "may" is permissive. d. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition thereof. e. All measured distances expressed in feet shall be to the nearest tenth of a foot. Subd.9. Separability: It is hereby declared to be the intention of the City that the several provisions of this Ordinance are separable in accordance with the following: . a. Other Parts of This Ordinance: If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. b. Application to Other Party or Property: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. Subd. 10. Authority: This Ordinance is enacted pursuant to the authority granted by Minnesota Statutes, sections 462.358. . Subd. 11. Relationship to Comprehensive Plan: It is the policy of the City of Shorewood that the enforcement, amendment and administration of this Ordinance be accomplished with due consideration of the recommendations contained in the Shorewood Comprehensive Plan as developed and amended from time to time by the City Council. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation ofland use and development in accordance with the policies and purpose herein set forth. Subd. 12. Comprehensive Revision: The City Council intends this Ordinance to be a comprehensive revision to the Shorewood Subdivision Ordinance (Chapter 1202 of the Shorewood City Code), as amended. Except as otherwise provided herein, the provisions of this Ordinance are not intended to alter, diminish, increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense committed, or rights accruing or accrued, or liability or penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. Page 2 SECTION 1202.02 DEFINITIONS: For the purpose of this Ordinance certain words and terms are hereby defined as set forth in the subdivisions which follow. Subd. 1. ALLEY: A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. APPLICANT: The owner ofland proposed to be subdivided or the owner's representative. Consent shall be required from the legal owner of the premises. Subd.2. BLOCK: An area of land within a subdivision containing one (1) or more lots that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river, lake or other physical barrier. BOULEVARD: The portion of the street right-of-way not occupied by pavement or other traveled surface. . BUil.,DING: Any structure used or intended for supporting or sheltering any use or occupancy. Subd.3. CITY: The City of Shore wood. CITY COUNCil.,: The governing body of the City of Shorewood. COMPREHENSNE PLAN: The long range goals, objectives, policies, concepts and plans of the City of Shore wood as stated in a group of maps, charts and text. Subd. 4. DESIGN STANDARDS: The specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. . Subd. 5. EASEMENT: A grant by a property owner for the use of land for the purpose of constructing and maintaining drives and utilities including, but not limited to wetlands, ponding areas, sanitary sewers, watermains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Subd. 6. FINAL PLAT: A drawing, suitable for recording, showing the layout of a subdivision that has received preliminary plat approval pursuant to Sections 1202.03 and 1202.04 of this Ordinance and Minnesota Statutes Chapter 505. Subd.7. No definitions. Subd. 8. No definitions. Subd. 9 . IMPERVIOUS SURF ACE: An artificial or natural surface through which water, air or roots cannot penetrate. Subd. 10. No definitions. Subd. 11. No definitions. Page 3 Subd. 12. LOT: A parcel ofland in a subdivision or plat ofland, separated from other parcels or portions by descriptions or by metes and bounds, for the purpose of sales or lease or separate use thereof. LOT, CORNER: A lot situated at the intersection of two (2) streets, or a lot at the point of deflection ofa single street, the interior angle of which one hundred thirty-five (135) degrees or less. LOT IMPROVEMENT: Any building, structure, place, work of art, or other object which constitutes a physical betterment of the real property on which it is situated, or any part of such betterment. LOT WIDTH: The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line as set forth in the . Shorewood Zoning Code. . Subd. 13. No definitions. . Subd. 14. No definitions. Subd. 15. ORDINARY HIGH WATER LEVEL (OHWL): The boundary of public waters and wetlands that is described as an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses the ordinary high water level is the elevation of the top of the bank or channel. OUTLOT: A lot remnant or parcel of land left over after platting, which is intended as open space or other use, or which is reserved for future development and for which no building permit shall be issued. . OWNER: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided or commercially used to commence and maintain proceedings under this Ordinance. Subd. 16. PARKS AND PLAYGROUNDS: Public land and open spaces in the City of Shore wood dedicated or reserved for recreation purposes. PEDESTRIAN WAY: A public right-of-way or private easement that provides access for pedestrians and which may be used for the installation of utility lines. PERCENTAGE OF GRADE: The ratio ofthe distance vertically from the horizontal in feet and tenths ofa foot for each one-hundred (100) feet of horizontal distance. PERSON: Any individual, firm, partnership, association, corporation or organization of any kind. PLANNING COMMISSION: The Planning Commission of the City of Shore wood. PRELIMINARY PLAT: A drawing or set of drawings describing the existing physical characteristics of a parcel of land and illustrating a proposed layout for subdividing the land into lots, blocks, streets and easements for purposes of obtaining preliminary approval of a subdivision, Page 4 pursuant to Sections 1202.03 and 1202.04 of this Ordinance and Minnesota Statutes Section 462.358 and Chapter 505. PROTECTNE COVENANTS: Contracts made between private parties relating to the manner in which land may be used in order to protect and preserve the physical and economic integrity of any given area. PUBLIC IMPROVEMENT: Any drainage facilities, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Subd. 17. No definitions. Subd. 18. REGISTERED LAND SURVEYOR: A Surveyor whom is registered and licensed in accordance to Minnesota State Statute 326.02, Subd. 3a. . REGISTERED PROFESSIONAL ENGINEER: A Registered Professional Engineer licensed in accordance to Minnesota State Statute 326.02, Subd. 3. RIGHT-OF-WAY, PUBLIC: Any property established for the use of the public for street or highway purposes by any federal, state, county or local government by dedication, easement, gift or statutory user, whether developed or undeveloped, paved or unpaved. Subd.19. SETBACK: The minimum horizontal distance between building and street, lot line or ordinary high water level. Distances are to be measured at ground level from the most outwardly extended portion of the structure. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line fifteen (15) feet from the edge of the traveled surface. . STREET: A public right-of-way or private way serving three (3) or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel. STREETS, ARTERIAL: Those streets, as identified in the Shorewood Comprehensive Plan, carrying larger volumes of traffic and serving as links between various subareas of the community. Arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence regulations of direct access to property is critical. STREETS, COLLECTOR: Those streets, as identified in the Shorewood Comprehensive Plan, that carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree direct land access. STREETS, LOCAL: Those streets, as identified in the Shorewood Comprehensive Plan, that are used primarily for access to abutting properties and for local traffic movement. STREETS, MARGINAL ACCESS: Those local streets that are parallel and adjacent to thoroughfares and highways and that provide access to abutting properties and protection from through traffic. Page 5 STREETS, CUL-DE-SAC: Those local streets with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. STREET WIDTH: The shortest distance between lines oflots delineating the streets right-of-way. SUBDIVIDER: Any individual, firm, association, syndicate, co-partners, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. SUBDIVISION: The division of a parcel ofland into two (2) or more lots or parcels for the purpose of transfer of ownership or of building developments. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Subd. 20. No definitions. Subd. 21. No definitions. . Subd. 22. No definitions. Subd. 23. No definitions. Subd. 24. No definitions. Subd.25. No definitions. Subd. 26. No definitions. SECTION 1202.03 PROCEDURES FOR FILING AND REVIEW: . Subd. 1. Sketch Plan: In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Ordinance, and the requirements or limitations imposed by other City ordinances or plans prior to the development of a preliminary plat, all applicants shall present a sketch plan to the Zoning Administrator prior to filing a preliminary plat. Subd. 2. Preliminary Plat: a. Filing: Five (5) copies of the preliminary plat and a mailing list of property owners ofland located within five hundred (500) feet of the subject property obtained from and certified by Hennepin County shall be submitted to the Zoning Administrator. The required filing fee as established by City Council resolution shall be paid and any necessary applications for variances from the provisions of this Ordinance shall be submitted with the required fee. The proposal must be submitted by the first Tuesday of any given month in order to be placed on the Planning Commission agenda for the first Tuesday of the following month. The plan shall be considered as being officially submitted when all the information requirements have been complied with. b. Public Hearing: Upon receipt of the subdivision application, the Zoning Administrator shall set a public hearing for public review of the preliminary plat. Said hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. The Page 6 Planning Commission shall conduct the hearing and report its fmdings and make recommendations to the City Council. Notice of said hearing shall contain a legal property description, description of request detailing property location, and be published in the official newspaper no more than thirty (30) and no iess than ten (10) days prior to the hearing. Written notification of said hearing shall be mailed no more than thirty (30) and no less than ten (10) days prior to the hearingto all owners ofland within five hundred (500) feet of the boundary of the property in question. c. Technical Assistance Reports: The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and provide general assistance in preparing a recommendation to the Planning Commission and City Council. d. Review by Other Commissions or Jurisdictions: The Zoning Administrator shall refer copies of the preliminary plat to the Park Commission, County, Metropolitan, State or other public jurisdictions for their review and comment, where appropriate and when required. . e. Planning Commission Action: The Planning Commission shall make a recommendation to the City Council immediately following the close of the public hearing. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days from the opening of the public hearing, the Council may act on the preliminary plat without the Planning Commission's recommendation. f. City Council Action: 1. If all requirements of this Ordinance and those that may be additionally imposed by the Planning Commission are complied with, the Council shall act upon the preliminary plat and may impose conditions and restrictions, which are deemed necessary, within sixty (60) days of the date of the close of the Planning Commission's public hearing. A request for a time extension of the City Council's review process may be granted by the City Council, if requested in writing by the applicant. . 2. If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted in writing to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this Ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety and general welfare of those living in and near the City of Shorewood. 3. If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred-eighty (180) days after said approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council prior to expiration of the hundred-eighty day period. A reasonable time extension will be considered by the City Council, if circumstances requiring the extension are beyond the control of the applicant. Subd.3. Final Plat: a. Filing: After the preliminary plat has been approved, the applicant must file a request, supportive information and the final plat with the Zoning Administrator at least twenty (20) Page 7 days prior to the City Council meeting at which the final request is to be considered. This must be done within one hundred-eighty (180) days from the date of preliminary plat approval. Ifa request for final plat is not made within this period of time, the approval of the preliminary plat is void and the applicant must reapply for preliminary plat approval, unless an extension of time has been formally approved by the City Council.. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time. b. Approval of the City Council: If accepted and all fees for processing the application have been paid, the final plat shall be approved by resolution within sixty (60) days of the date of the meeting at which the final plat was received. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the City Council. If denied, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval. . c. Recording Final Plat: Ifthe final plat is approved by the City Council, the subdivider shall record it with the Hennepin County Recorder within thirty (30) days after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. The subdivider shall, prior to recording, furnish the Zoning Administrator with three (3) blackline prints and a reproducible mylar of the final plat. Upon recording the plat the subdivider shall provide the Zoning Administrator with evidence of the recording. No building permits shall be issued for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Hennepin County. SECTION 1202.04 PLAT AND DATA REQUIREMENTS: Subd. 1. Sketch Plan: Sketch Plans shall contain, at a minimum, plat boundary, north arrow, graphic scale, street layout on and adjacent to plat, designation ofland use and current or proposed zoning, significant topographical or physical features, and general lot locations and layout. . Subd. 2. Preliminary Plat: The subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subdivisions which follow. a. General Requirements: 1. Proposed name of subdivision. Names shall not duplicate or too closely resemble names of existing subdivisions. 2. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property. 3. Names and addresses of all persons having property interest, the developer, designer, and surveyor together with the surveyor's registration number. 4. Graphic scale. Scale shall be expressed as one (1) inch to ten (10) feet, twenty (20) feet, thirty (30) feet, forty (40) feet, fifty (50) feet, sixty (60) feet, or one hundred (100) feet. 5. Date of preparation and north arrow. Page 8 b. Existing Conditions: 1. Survey, prepared by a registered land surveyor, showing boundary lines and total acreage of proposed plat clearly indicated. 2. Existing zoning classifications for land within and abutting the subdivision. 3. Location, widths and names of all existing or previously platted streets or other public or private ways showing type, width and condition of improvements, if any. Location, width and names of all existing railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of three hundred (300) feet beyond the tract. 4. Location and size of existing sewers, water mains, stormwater pipes, culverts, drainage tiles or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations, locations of catch basins, manholes and hydrants shall also be shown. . 5. Boundary lines of adjoining unsubdivided or subdivided land, within three hundred (300) feet identified by name and ownership, including all contiguous land owned or controlled by the subdivider. 6. Topographic data including contours at vertical intervals of not more than two (2) feet. Lakes, water courses, wetlands, rock outcrops, power transmission poles and lines, vegetation and other significant features shall also be shown. 7. Statement of interest in the plat by the Minnehaha Creek Watershed District or the Riley- Purgatory-Bluff Creek Watershed District. c. Design Features: . 1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross sections and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. 2. Locations and size of proposed sewer lines and watermains or water wells. 3. Locations and widths of proposed alleys and pedestrian ways. 4. Location, dimension and purpose of all easements. 5. Layout, numbers, lot areas and preliminary dimensions of lots and blocks. All lots shall be numbered clockwise in each block and blocks shall be numbered consecutively. 6. Minimum front, side and rear building setback lines. 7. When lots are located on a curve, the width of the lot at the building setback line. Page 9 8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in square feet and acres. 9. A statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. 10. Public utilities including water, sanitary sewer mains and service connections to be installed in accordance with the standards of the City of Shorewood. 11. Proposed grading including existing and proposed contours at vertical intervals of not more than two (2) feet, proposed cut and fill areas, proposed building pads showing type of house (full basement, walkout, split entry, etc.) and elevations of lowest floor and garage floor. . 12. Proposed ponding data including the Ordinary High Water Level, High Water Level, and Emergency Overflow Elevation and route. d. Supplementary Information: 1. Any or all of the supplementary information requirements set forth in this subdivision shall be submitted, when deemed necessary by the City staff, consultants, advisory bodies or City Council. 2. Proposed protective covenants. . 3. An accurate soils report of the subdivision prepared by a registered professional engineer qualified to perform and analyze soil materials under the laws of Minnesota. The soils report shall consist of test holes to a depth necessary to determine the various types of soils to be encountered before reaching a stable base, and the static water table elevation. Such test holes, when ordered by the City authorities, shall be drilled at the expense of the owner or developer and the information disclosed shall be furnished to the City together with a copy of the proposed plat showing the location of each test hole. The information required by the City shall include a report as to the various types of soils encountered and their depths, the level of the ground water, a percolation test and may include additional information. The number of test holes to be drilled and their location on the property, which is proposed to be platted, will be as directed by the City or their authorized representative. The owner shall be required to furnish to the City a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction. 4. A survey prepared by a qualified landscape architect, forester or arborist identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing. 5. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 6. Provision for surface water disposal, ponding, drainage and flood control. Page 10 7. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, it shall be required that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivision. 8. Where structures are to be placed on large or excessively deep lots that are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could potentially be subdivided in the future. 9. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system. . 10. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, and the types and locations of trees and other vegetation that are to be planted. 11. Such other information as may be required. Subd. 3. Final Plat: The owner or subdivider shall submit a final plat together with any necessary supplementary information. The final plat shall be prepared in accordance with provisions of Minnesota State Statutes and Hennepin County regulations, and such final plat shall contain the following information: a. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. b. Location by section, township range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. . c. Name and address of surveyor making the plat. d. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow. e. The location of monuments shall be shown and described in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. f. Location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet, with the length of radii and arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points of curve to lot lines. g. Lots shall be numbered clearly in a clockwise progression. Blocks are to be numbered with numbers shown clearly in the center of the block. h. The exact locations, widths, and names of all streets to be dedicated. Page 11 1. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. J. The exact locations and widths of all easements to be dedicated. k. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements". 1. Detailed plans and specifications in accordance with the City of Shorewood Standard Specifications for Construction of Public Utilities, including sanitary sewer, municipal water systems or on-site water supply, grading, drainage and erosion control plans, all approved by the City Engineer. . m. Evidence that ground water controls are provided at least ten (10) feet below level of finished grades of plan. n. Comply with rules and regulations of the Minnehaha Creek Watershed District, or Riley- Purgatory-Bluff Creek Watershed District, whichever District has jurisdiction, or statement from the District indicating that it has no interest in the plat. o. Any supplementary engineering data required by the City. Subd. 4. Certification Required: a. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended. . b. Execution by all owners of any interest in the land or any holders of a mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended, and which certificate shall include a dedication of the utility easement and other public areas'in such form as approved by the City Council. c. Space for certificates of approval and review including the date of approval and spaces to be filled in by the signature of the Mayor and City Administrator. SECTION 1202.05 DESIGN STANDARDS: Subd. 1. Blocks: a. Block Length: In general, intersecting streets, determining block lengths, shall be provided at intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed twelve hundred (1200) feet in length, except where topography or other conditions justify a departure from this maximum and approval is received from the City Council. In blocks longer than one thousand (1000) feet, pedestrian ways or easements through the block may be required in locations deemed necessary for convenient pedestrian circulation. Page 12 b. Block Width: The width ofthe block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for commercial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. Subd. 2. Lots: a. Size: The minimum lot area, width and depth shall not be less than that established by the Shorewood Zoning Ordinance in effect at the time of adoption of the fma1 plat. To eliminate any doubt as to the interpretation of lot size, the minimum lot square footage shall not include any portion of an adjacent public street, any portion of the City designated wetlands, as set forth in Chapter 1102 of the City Code, nor any portion of a lot located below the ordinary high water level of a lake. No lots less than the minimum square footage provided by the Shorewood Zoning Ordinance for the area involved shall be authorized by this Ordinance except upon the granting of a variance in accordance with the terms of this Ordinance. . b. Comer Lots: Comer lots for residential use shall have additional width to permit appropriate building setbacks from both streets as required in the Zoning Ordinance. c. Lot Frontage: Every lot must have adequate frontage on a city approved street to accommodate a driveway and required driveway setbacks, as required in the Shorewood Zoning Ordinance. d. Setback Lines: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Shorewood Zoning Ordinance, as may be amended. e. Lot Remnants/Outlots: Remnants ofland below minimum lot size, except in instances of cluster zoning, shall be added to adjacent lots rather than remaining as unusable parcels. Out10ts may be used, if they carry with it an easement in favor of the City, for open space to guarantee that the same will not be developed for building purposes. Outlots may also be used to set aside land to be platted at a later time. In such cases a resubdivision sketch for the outlot shall be required. Building permits shall not be issued for outlots or remnants. . f. Double-Frontage Lots: Double-frontage lots that have frontage on two (2) parallel streets shall not be permitted, except where lots back on arterial streets or highways or where topographic or other conditions render subdividing otherwise unreasonable. Such double-frontage lots shall have an additional depth of at least twenty (20) feet in order to provide space for screen planting along the rear lot line. g. Turn Around Access: Where proposed residentia110ts abut a collector or arterial street, they should be platted in such a manner as to encourage turn-around access and egress on each lot. h. Lots Abutting Arterial Streets: In new subdivisions there shall be no direct vehicular access from residentia110ts to arterial streets. Residentia110ts shall be separated from arterials by a fifteen (15) foot buffer strip, which may be in the form of added depth or width oflots backing on or siding on an arterial street right-of-way. Subd. 3. Political Boundaries: No singular plat shall extend over a political boundary or school district line without legal notification to and approval by affected units of government. Page 13 Subd. 4 Streets and Alleys: a. Continuous Streets: Except for cul-de-sac streets, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, provide for future connections to adjoining unsubdivided tracts or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of arterials and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to run-off of storm water, to public convenience and safety and in their appropriate relation to the proposed uses of the area to be served. b. Local Streets and Dead-End Streets: Local streets should be planned as to discourage their use by non-local traffic. Dead-end streets are prohibited, but cul-de-sac streets shall be permitted where topography or other physical conditions justify their use. Cul-de-sac streets shall not be longer than seven hundred (700) feet including a terminal turn-around which shall be provided at the closed end. The cul-de-sac shall have a right-of-way radius of not less than fifty (50) feet. . c. Temporary Cul-De-Sac: In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turn-around facility shall be provided at the closed end in conformance with cul-de-sac requirements. d. Frontage Roads: Wherever the proposed subdivision contains or is adjacent to the right-of-way of a state highway or an arterial street, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for lot depths. e. Half-Streets: Half-street shall be prohibited, except where essential to the reasonable development of the subdivision and adjoining unsubdivided areas. . f. Private Streets: Private streets shall be prohibited, except where absolutely essential to the enjoyment of property rights. When permitted, private streets shall serve no more than three lots and shall be designed to standards established by the City Engineer. g. Street Intersections: Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under no conditions shall the minimum angle of intersection of streets be less than eighty (80) degrees. Street intersection jogs with an offset ofless than one hundred twenty-five (125) feet shall be avoided. h. Street Right-Of-Way Width: Street right-of-way widths shall conform with following standards: 1. Arterial Street........... ......... .... .......... ..... ................. ............................100 feet 2. Collector Street.................................................................................... 60 feet 3. Local Street...................................................................................... ...50 feet All subdivisions incorporating streets which are identified in the Hennepin County Thoroughfare Plan shall comply with the minimum right-of-way, surfaced width and design standards as outlined in said plan. Page 14 1. Street Grades: Except upon the recommendation of the City Engineer, and the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall not be greater than eight (8) percent. In addition there shall be a minimum center line grade on all streets and thoroughfares of not less than one (1.0) percent. J. Reverse Curves: Minimum design standards for collector and arterial streets shall comply with Minnesota State Aid Standards. k. Reserve Strips: Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the City Council. 1. Street Plans for Future Subdivisions: Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. . m. Hardship to Owners of Adjoining Property: Proposed street arrangements shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access thereto. Subd.5. Provisions for Resubdivision of Large Lots and Parcels: When a tract is subdivided into larger than required building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision. Streets and utilities shall be extended to the boundary of the plat. Subd. 6. Easements: . a. Width and Location: An easement for utilities at least ten (10) feet wide shall be provided on each side of all lot lines. If necessary for the extension of city water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. b. Continuous Utility Easement Locations: Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council, after a public hearing. c. Guy Wires: Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. Subd. 7. Erosion and Sediment Control: a. Commencement of Work: No filling, grading or clearing of vegetation shall occur on the site during the processing of the plat until the final plat has been approved by the City Council. Violation of this provision shall make the application null and void. b. Existing Topography: The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. Page IS c. Staging: Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. d. Limitations on Exposed Ground: Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at anyone period of time. When soil is exposed, the exposure shall be for the shortest feasible period oftime, as specified in the development agreement. e. Removal/Replacement of Topsoil: Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. Top soil shall be restored or provided to a depth of four (4) inches and. shall be of a quality at least equal to the soil quality prior to development. f. Tree Preservation and Reforestation: Natural vegetation shall be protected in accordance with the Shorewood Tree Preservation and Reforestation Policy. . g. Best Management Practices: All erosion control measures shall be installed according to the Minnesota Urban Small Sites Best Management Practices Manual and the City of Shorewood Department of Public Works Standard Specifications and Detail Plates, as may be amended. Subd.8. Storm Drainage: All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the Shorewood Comprehensive Water Resource Management Plan, as amended, and be subject to review and approval ofthe City Engineer. Subd. 9. Protected Areas: Where land proposed for subdivision is deemed environmentally sensitive by the City because of the existence of wetlands, drainage ways, water courses, floodprone areas or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to insure against adverse environmental impact. . Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement, redesign, conservation easement, dedication of those sensitive areas in the form of outlots or through the use of protective covenants in Planned Unit Developments. Measures of protection shall include design solutions that allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes that exceed twelve (12) percent or result in significant alteration to the natural drainage system, such that adverse impacts cannot be confined within the plat boundary. SECTION 1202.06: PUBLIC LANDS: Subd. 1. Park Dedication - Land: Because a new subdivision or commercial land development creates a need for parks, playgrounds and open space, eight (8) percent of the total area of each new subdivision or its equivalent shall be dedicated for such use. Such area must be suitable for parks and playgrounds and shall conform to the City plan for parks and playgrounds within the City Page 16 Subd. 2. Park Dedication - Fees: In lieu of requiring dedication of an area for parks and playgrounds, the City, at its option, may require a developer to pay into the City Park Fund a sum of money equivalent to eight (8) percent of the value of the raw land contained in the proposed subdivision or cornmercialland development. The value of the raw land contained in the proposed subdivision or development shall be determined by the City Assessor; or as an alternative, the City may require the subdivider to pay into the City Park Fund a park dedication fee as provided in Section 1301.02 of this Code. SECTION 1202.07: REQUIRED IMPROVEMENTS: Subd. 1. General Provisions: . a. Development Agreement: Before a final plat is delivered by the City to the subdivider, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the City Council a development agreement that shall be binding on its heirs, personal representatives and assigns, a part of which agreement shall set forth that the subdivider will cause no private construction to be made on the lands within said plat, nor shall the subdivider file or cause to be filed any application for building permits for such construction until all improvements required under this Ordinance have been made or arranged for in the manner and conforming to the requirements as set forth herein. b. Financial Guarantee: Prior to the delivery of the approved final flat, the subdivider shall deposit with the City financial security in an amount of one hundred fifty (150) percent of the City Engineer's estimated cost of the required improvements within the plat, either in a cash escrow or letter of credit. The surety involved in said financial guarantees shall be approved by the City. Release of the the cash escrow or letter of credit shall be conditioned upon: 1. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year. . 2. Satisfactory completion of the work and payment therefore, which was undertaken by the subdivider in accordance with the developer's agreement referred to above. 3. The payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include, but not be limited to, expenses for engineering, planning, fiscal, legal, construction and administration. In instances where a letter of credit is used in lieu of a cash escrow, the letter of credit shall be in a form satisfactory to the City. c. City Engineer Approval: No final plat shall be approved by the Council without first receiving a report signed by the City Engineer certifying that the improvements described therein together with the agreements and documents required under this Section of the ordinance, meet the requirements ofthe City. d. Maintenance Bond: The City of Shorewood shall require a subdivider to submit a warranty/maintenance bond in the amount of the original cost of the improvements, which shall be in force for two (2) years following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvement. e. As-Built Drawings: "As-built" drawings of all required improvements as required by the City Engineer shall be furnished to the City by the subdivider in mylar form and electronic form at Page 17 no cost to the City of Shorewood. Such "as-built" drawings and files shall meet format requirements of the City Engineer. Such "as-built" drawings shall be certified to be true and accurate by the registered professional engineer responsible for the installation of the improvements. f. Inspection/Reimbursement of City Expenses: All of the required improvements to be installed under the provisions of this Ordinance shall approved by and subject to the inspection of the City Engineer, or designees. The City Engineer shall assign a field representative to observe the project from initial construction through completion and acceptance by the City. All ofthe City's expenses incurred as the result of the requirement improvements shall be paid to the City by the subdivider. Subd. 2. Monuments: . a. Location of Boundary Monuments: Official monuments, as designated and adopted by the Hennepin County Surveyor's Office and approved by the Hennepin County District Court for use as judicial monuments, shall be set at each comer or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included within the plat shall be fully dimensioned on the plat. All angles of the boundary, excepting the closing angle, are to be indicated on the plat and all monuments and surveyor's irons are to be indicated on the plat. Each angle point of the boundary perimeter shall be so monumented. b. Location of Monuments Within the Plat: Pipes or steel rods shall be placed at each lot and at each intersection of street right-of-way lines. All United States, State, County or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on the plat. No ditto marks will be permitted in indicating dimensions. . c. Second Monumentation: To insure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be required. Proof of the second monumentation shall be in the form of a surveyor's certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the Shorewood Zoning Ordinance, as may be amended. As an alternative the subdivider's surveyor may, upon approval by the City Engineer, place official monuments within the plat after the site grading has been completed, but no later than one year of the recording of the plat. In such cases a letter of credit or cash escrow in form and dollar amount acceptable to the City shall be submitted to guarantee that the monumentation will be completed. Subd. 3. Street Improvements: a. Conformance with City Standards: All street improvements shall be designed and conform to the Minnesota Department of Transportation Road Design Manual, Section 5-291.523, and the City of Shorewood Department of Public Works Standard Specifications and Detail Plates. Design and construction specifications shall be subject to the review and approval of the City Engineer. b. Acceptance of Streets: No street within the City of Shorewood will be accepted as a public street, except under the following conditions: Page 18 1. The final bituminous wear course shall not be placed until such time as the approved bituminous base course has been placed and has sustained one full winter and spring season. Prior to placement of the wearing surface, the Developer shall obtain written approval by the City Engineer. Failure to obtain such approval shall result in removal and replacement of the wearing surface at no expense to the City of Shorewood. 2. The Developer shall be responsibl~ for all snowplowing, sanding, and maintenance of all roadways within a proposed subdivision until such time as the final lift of bituminous wearing course has been placed, the City Engineer has reviewed and recommended acceptance by the City, and City Council has accepted the project, pursuant to inspections. 3. The street will not be accepted until the Council has received a recommendation from the City Engineer that this street is in good condition aIidnot breaking up or deteriorating in any way. Upon receipt of such recommendation, the Council will consider a resolution accepting the street as a public street for snowplowing and maintenance. . c. Boulevards: Boulevards shall be uniformly finished to match the top of the curb and sodded or seeded to present a finished appearance. Subd. 4. Community Facilities Improvements: a. Sanitary Sewer System: Municipal sanitary sewer facilities shall be provided for all proposed subdivisions and all lots within such subdivision shall be served by the municipal sanitary sewer system. b. Water System: Where the City determines it is technically and financially feasible, municipal water service facilities shall be provided for all proposed subdivisions containing more than three lots and all lots within such subdivision shall be served by the municipal water system. Subd.5. Semi-Public Utilities: Telephone, cable television, electric and gas service shall be installed underground in accordance with the provisions of all applicable City ordinances. . Subd. 6. Election by City to Install Improvements: In accordance with Shorewood City policy, it is the subdivider's responsibility to install all required improvements. Pursuant to City policy the subdivider may petition the City for the installation of required improvements. The City reserves the right to elect to install all or any part of the improvements required under the provisions of this Ordinance in lieu of requiring the subdivider to install such improvements, pursuant to Minnesota Statutes 429, as amended. SECTION 1202.08 NON-PLATTED SUBDMSIONS: Subd. 1. Registered Land Surveys: It is the intention of this Ordinance that all registered land surveys in the City of Shorewood should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats. The Planning Commission shall first recommend the arrangement, sizes and the relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in this Ordinance, building permits will be withheld for buildings on tracts that have been so subdivided Page 19 by registered land surveys, and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. Subd. 2. Minor Subdivision and Lot Combination: a., Application: This Subdivision shall apply to the following applications: 1. Requests to divide a portion of a lot or lots where the division is to permit the adding of a parcel of land to an abutting lot or lots so that no additional lots are created and all new lots conform to the Zoning Code minimum lot size standards. 2. Requests to combine two (2) existing platted lots or lots of record in the R-ID zoning district. (a) Of which one or both lots are nonconforming I due to insufficient lot size, width or depth; and . (b) That results in a single lot that is not greater in area than one hundred twenty five (125) percent of the minimum lot size for the R-ID zoning district. 3. Requests to divide a lot from a larger tract ofland thereby creating no more than two (2) lots, each of which meet the minimum size and area requirements for the zoning district in which the property is located. In the R-ID, Single-Family Residential zoning district, as provided for in the Shorewood Zoning Code, neither lot may be greater than one hundred twenty five (125) percent of the minimum lot size for the zoning district. To qualify, neither of the lots resulting from the division may be capable of being further divided. Nor may the property have been part of a previous minor subdivision or metes and bounds conveyance since 1985. . 4. Requests to divide a base lot, as defined by the Shorewood Zoning Code, upon which has been constructed a two-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such structure and the newly created property lines will not cause any of the unit lots, as defined by the Shorewood Zoning Code, or the structure to be in violation of this Ordinance, the Zoning Code or the State Building Code. b. Data Requirement for Minor Subdivision or Lot Combination: 1. Certificate of Survey: The requested minor subdivision shall be prepared in the form of a certificate of survey by a registered land surveyor. 2. Property Description and Submission Information: The data and supportive information detailing the proposed subdivision shall be the same as required for a preliminary plat as set forth in Section 1202.04 Subd. 2. of this Ordinance. The Zoning Administrator may exempt the subdivider from certain of the informational requirements. 3. Proposed Legal Descriptions/Drainage Utility Easements: The subdivider's registered land surveyor shall prepare legal descriptions for the proposed new lots, any street right- of-way or conservation easements that may be required as part of the minor subdivision approval, and for drainage and utility easements, ten feet on each side of each lot line. Page 20 Additional easement width may be required based upon the recommendation of the City Engineer. 4. Proof of Ownership: Prior to release of a Council resolution approving a minor subdivision, the subdivider shall submit an up-to-date from within the last thirty (30) days title opinion for review and approval by the City Attorney. 5. Deeds for Easements and Street Right-of-Way: Prior to release of a Council resolution approving a minor subdivision, the subdivider shall submit deeds in favor of the City of Shorewood for any easements or public right-of-way that may be required as part of the minor division. c. Minor Sudivision or Lot Combination Procedure: The procedure for considering a minor. subdivision or lot combination as described in Subd. 2.a., above shall be as follows: . 1. The subdivider shall schedule a meeting with the Zoning Administrator to determine whether the application qualifies as a minor subdivision as described in Subd. 2.a., above. A lot combination, as described in Subd. 2.a., above, may be approved for recording with the Hennepin County Recorder by the Zoning Administrator. 2. The subdivider must submit an application, all required information and a fee as required in Chapter 1301 of the Shorewood City Code by the first Tuesday of any given month in order to be placed on the Planning Commission agenda for the first Tuesday of the following month. 3. The Zoning Administrator shall refer the application to all appropriate City staff for . review and comment. 4. The application and any reports prepared by City staff shall be considered at a regular meeting of the Planning Commission at which the subdivider shall be present to answer questions concerning the proposed subdivision. . 5. The Planning Commission shall make its recommendation to the City Council within sixty (60) days of the date of the Planning Commission meeting at which the application is first considered. 6. Upon receipt of the application, any reports prepared by City staff, and the Planning Commission's recommendation, the City Council shall take action within forty-five (45) days of the date of the Council meeting at which the application is first considered. Approval of the application requires a simple majority vote of the full City Council. 7. The subdivider must record the minor subdivision, and any required deeds for easements or street right-of-way with the Hennepin County Recorder within thirty (30) days of the date it receives the resolution approving the subdivision. Failure to record the subdivision within thirty (30) days shall void the approval. No building permits shall be issued for new lots until the subdivider has provided proof of recording. Page 21 SECTION 1202.09 VARIANCES AND APPEALS Subd. 1. Findings: The Planning Commission may recommend a variance from the minimum standards of this Ordinance, but not procedural provisions, when in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deem necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use ofland and the existing use ofland in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: a. There are special and highly unique circumstances or conditions affecting said property that are not common to other properties in the City and that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable and minimum use of its land. b. That the granting of the variance will not be detrimental to the public health or welfare or injurious to other property in the vicinity in which the property is situated. . c. That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land. After consideration of the Planning Commission recommendations, the City Council may grant variances, subject to a.,b. and c. above. Subd.2. Variance Application Procedures: a. Procedure: . 1. Application: Appeals or requests for variances, as provided within this Ordinance, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as provided for by City Council resolution. This fee shall not be refunded. Such application shall also be accompanied by five (5) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a mailing list of property owners located within five hundred feet (500') of the subject property obtained from and certified by Hennepin County. 2. Staff ReviewITechnical Assistance Reports: Upon receipt of an application for appeal or variance, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. 3. Public Hearing: Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten (10) days from such date as a notice of the hearing is published in the official newspaper. Such notice shall contain a legal property description, a description of the request, and shall be published no more than thirty (30) days and no less than ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed at least ten (10) days prior to the date of the hearing to all owners ofland within five hundred (500) feet of the boundary of the property in question. Page 22 Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. 4. Planning Commission Action: The Planning Commission shall conduct the public hearing, at which time the applicant or a representative thereof shall be present to answer questions concerning the proposed request. a. The Planning Commission shall consider possible adverse effects of the appeal or variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in Subd. 1., above. b. The Planning Commission and City staff shall have the authority to request any addtional information from the applicant deemed necessary to establish performance conditions pertaining to the request. . c. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Ordinance. Such recommendation shall be in writing and accompanied by any report and recommendation of the City staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council within sixty (60) days of the opening of the public hearing. . 5. Referral to City Council: Upon receipt of the Planning Commission report and recommendation, or within sixty (60) days of the opening of the public hearing by the Planning Commission, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the next regularly scheduled meeting of the City Council. 6. City Council Action: Upon receiving the request and any report or recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. . a. Approval ofa request shall require passage by a simple majority vote of the full City Council. b. The Council may impose any condition it considers necessary to protect the public health, safety and welfare. c. Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commisison or City Council for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six (6) months from the date of the second denial, unless a decision to reconsider such matter is made by not less than a simple majority vote of the full City Council. d. The City Council serving as the Board of Adjustment and Appeals shall, after receiving the written report and recommendation of the Planning Commission and the City staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that an error has occurred in any order, requirement, Page 23 . . decision or determmination made by the Zoning Administrator in the enforcement ofthis Ordinance. However, said appeal shall be filed not later than ninety (90) days after the applicant has received a written notice from the Zoning Administrator or said appeal shall be considered void. SECTION 1202.10 VIOLATIONS AND PENALTY: Subd. 1. Misrepresentation as to Construction, Supervision, or Inspection of Improvements: It shall be unlawful for any person, firm or corporation owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys or avenues of said addition or subdivision, or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Councilor has been supervised or inspected by the City, when such imprQvements have not been so constructed, supervised or inspected. Subd.2. Penalty. Anyone violating any of the provisions of this Ordinance shall be guilty of a misdemeanor punishable by a fine and imprisonment as provided in state statutes. . SECTION 1202.11 ENACTMENT: This Ordinance shall take effect upon its adoption and publication. Adopted this day of .2002 City of Shorewood BY: Woody Love, Mayor . ATTEST: Craig W. Dawson Page 24 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 DATE: February 7, 2002 FROM: Mayor and City Council Members Bradley J. Nielsen, Planning Director~ Agenda Item #6B - Approving the Publication of the Subdivision Ordinance Revision by Title and Summary TO: . RE: This Resolution will be distributed at Monday night's Council meeting. . #ttJ/!J 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@cLshorewood.mn.us MEMORANDUM TO: FROM: . DATE: RE: Resolution Authorizing the Mayor and Administrator to Enter into Cooperative Utility Agreement with the City of Tonka Bay Attachment 1 is a proposed agreement between the City of Shorewood and the City of Tonka Bay for Tonka Bay providing Shorewood municipal sanitary sewer and water services. There are areas within the City of Shorewood that are impractical to serve by Shorewood sanitary Sewer or water service. This is largely due to topographical constraints or lack of an installed water system within proximity to these lots. Previously, the Cities have permitted these lots adjacent the City of Tonka Bay boundary to connect into the Tonka Bay systems to obtain services. Currently, there are two sanitary sewer connections and seven municipal water connections that are being serviced in this manner. . The attached agreement updates the current contract, which is quite dated. In summary, the agreement states that a residence desiring the use of the Tonka Bay facilities will be charged at the same rate as the residents in Tonka Bay receiving the same benefit. Attachment 2 is the City of Tonka Bay fee schedules. It should be pointed out that provisions of the Tonka Bay agreement provide for annual increases in accordance to the "Construction Price Index." This index is documented in the Engineering News Record, and is a widely accepted index for such agreements. The last subdivision of the draft agreement documents the interconnection between the Badger well system and the Tonka Bay water system. The agreement provides documentation for the emergency water service between the two cities, should the need occur. Recommendation: Staff is recommending approval of the resolution that authorizes the. Mayor and City Administrator to enter into an agreement for sanitary sewer and water service with the City of Tonka Bay for the provisions of sanitary Sewer and Water Service. n t..1 PRINTED ON RECYCLED PAPER iFf II I) I" CITY OF SHOREWOOD RESOLUTION NO. 02-_ A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CITY QF TONKA BAY FOR UTILITY SERVICES WHEREAS, the there exist areas within the City of Shorewood that are better served by the City of Tonka Bays infrastructure for municipal sanitary sewer and or water service; and WHEREAS, a cooperative agreement has been drafted between the City of Shorewood and the City of Tonka Bay for providing such services; and WHEREAS, the City Engineer has reviewed said Cooperative Agreement and found it to be in order. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: . 1. That the Mayor and City Administrator, on behalf of the City of Shorewood, are hereby authorized to enter into the Water and Sanitary Sewer Agreement, attached hereto as "Exhibit A." ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 th day of February, 2002. WOODY LOVE, MAYOR A TrEST: . CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR WATER AND SEWER AGREEMENT TONKA SAY - SHOREWOOD THIS AGREEMENT made and entered into this day of 2002 by and between the City of Tonka Bay, a municipal corporation, hereinafter referred to as Tonka Bay, and the City of Shorewood, a municipal corporation, hereinafter referred to as Shorewood. WHEREAS, Tonka Bay did in the year 1965 construct an interior sewer system to serve land located within the confines of its city; and WHEREAS, Tonka Bay did during the year 1972 construct an interior water system to serve the land located within the confines of its city; and . WHEREAS, the Metropolitan Sewer Board did during the year 1971 construct a Metropolitan sewer line to serve, among other municipalities, in such a manner as to collect the sewage from Tonka Bay at one point at or near Manitou, Hennepin County Road No. 19 intersection; and WHEREAS, the City of Shorewood did during the year 1972 construct a municipal sewer system to serve properties located within the confines of its city; and WHEREAS, the metropolitan interceptor serves Shorewood so that the trunks constructed by the City of Shorewood can, in most cases, connect with the metropolitan interceptor at points within the confines of Shorewood; and WHEREAS, Shorewood is adjacent to Tonka Bay so that the two have a common border; and . WHEREAS, there is a section of Shorewood the geography of which makes it impractical to connect to the metropolitan sewer interceptor without constructing expensive pumping stations and force mains, unless the area in question is, in fact, connected to the interceptor by use of the interior lateral sewer system of Tonka Bay; and WHEREAS, Tonka Bay and Shorewood agree that it is to the best interest of both cities to use the Tonka Bay interior sewer lines to serve the Shorewood area provided Tonka Bay is appropriately compensated for such use; and WHEREAS, Shorewood is desirous of being served by water from the Tonka Bay municipal water system, and Tonka Bay is desirous of providing such service; and WHEREAS, Tonka Bay and Shorewood are desirous of setting forth in this agreement provisions under which Shorewood may make use of Tonka Bay's interior sewer system to reach the metro interceptor, and also provisions whereby Shorewood may receive water service from the Tonka Bay water system. 1 Attachment 1 Coop Agreement NOW, THEREFORE, in consideration of the premises and mutual covenants, it is hereby agreed as follows: I. USE OF TONKA SAY INTERIOR SEWER SYSTEM 1. Shorewood may connect a portion of its lateral sewer system to the Tonka Bay interior sewer system for the purpose of using the Tonka Bay lines to reach the metropolitan sewer interceptor upon the adoption of a resolution by the City of Tonka Bay authorizing said connection. Hookup to such connection may be made in the City of Shorewood only upon: a. Obtaining a permit from the City of Shorewood to do so, all in accordance with the ordinances of Shorewood. Copy of the application of such permit shall be furnished forthwith to Tonka Bay. Shorewood shall issue no permit for such connection until approval or disapproval thereof has been given by Tonka Bay. A copy of the as-built plans (mylars and electronic CAD files) of that portion of the line along with the necessary measurement to all manholes and service connections. A plat showing the area including the platted lots of that portion of the system so connected. A statement setting forth the maximum number of connections to be connected to the Tonka Bay system, which number shall not exceed twenty-five (25). A cash payment to Tonka Bay for each residential hookup in an amount established annually by the Tonka Bay City Council. Said rate shall reflect initial construction costs for the sewer system along with annual adjustments based on the construction price index. (i). Said residential hookup charges shall be paid either in full at the time of connection or 50% at the time of connection and the remaining 50% prorated over a period of five (5) years, Tonka Bay shall refund the prorated portion, whether paid in full at the time of connection or paid on an install basis, as described herein. Half of the cost of said hookup charge shall be nonrefundable. (ii). Each unit in a multi-family dwelling shall pay to Tonka Bay a user fee at the same rate as residential users in Tonka Bay. (iii). User fees for Shorewood residents hooked up to the Tonka Bay sewer system will be at the same rate as Tonka Bay residents. (iv). If a commercial connection is made to the sanitary system that is using a private well for potable water, a meter shall be installed on the private well in order to determine usage. Users connected to the Tonka Bay sewer system shall comply with the Tonka Bay ordinances governing the use of the Tonka Bay sewer system. In the event Shorewood desires to bill and collect said user fees, it shall be Shorewood's obligation to remit to Tonka Bay that amount which would be due Tonka Bay if Tonka Bay billed directly. Shorewood shall be responsible for all delinquent sewer accounts. The accounts of all sewer users in Shorewood which are delinquent for more b. c. d. e. f. g. h. 2 , . . . . . than ninety (90) days shall be turned over to Shorewood, and Shorewood shall within thirty (30) days thereafter make payment to Tonka Bay and become absolute owner of the account. i. Shorewood shall be obligated to inspect and repair all sewer lines located in the City of Shorewood and in the event there is a defect or break allowing breakage or excessive infiltration of ground water into said lines, Shorewood shall immediately take steps to correct the same. If the break is not corrected, Tonka Bay reserves the right to discontinue service at the Tonka Bay city limits or raise said rates to compensate for additional sewer flows generated by ground water infiltration. 2. Tonka Bay will be responsible for maintaining its own interior system. In the event there is a breakdown in that system so as to preclude receiving sewage from the Shorewood connections, Tonka Bay will immediately notify Shorewood of the problem and it shall thereupon be Shorewood's responsibility to provide emergency service to the Shorewood users. Tonka Bay shall not be responsible to Shorewood for any breakdown in the Tonka Bay lines. 3. Either party may terminate use the portion of this agreement providing for future sewer connections by mailing a written notice to the other at least six (6) months prior to the intended date of termination. If any sewer connections have been made and are currently in use, neither party may terminate the agreement to provide service to those connections unless a reasonable alternative service is available. Termination in that case must also be made by mailing a written notice at least six (6) months prior to the intended date of termination. II. WATER SYSTEM 1. In the event Shorewood determines that it desires to construct and install water lines within the City of Shorewood, it may connect said lines to the Tonka Bay municipal water system upon the adoption of Tonka Bay of a resolution authorizing said connection. 2. Hook up to such connection may be made in the City of Shorewood only upon: a. Obtaining a permit from the City of Shorewood to do so, all in accordance with the ordinances of Shorewood. b. Copy of the application of such permit shall be submitted forthwith to Tonka Bay. No permit for such connection shall be issued by Shorewood until approval or disapproval thereof has been given by Tonka Bay. c. Cash payment to Tonka Bay for each residential hook up in an amount established annually by the Tonka Bay City Council. Said rate shall reflect initial construction costs for water distribution system and water tower along with annual adjustments based on the Construction Price Index. (i) Said residential hookup charges shall be paid either infull at the time of connection or 50% at the time of connection and the remaining 50% prorated over a period of five (5) years. In the event the hookup is disconnected within five years, Tonka Bay shall 3 3. d. refund the prorated portion, whether paid in full at the time of connection or paid on an installment basis, as described herein. Half of the cost of said hookup charge shall be non-refundable. (ii) Each unit in a multi-family dwelling shall pay to Tonka Bay a user fee at the same rate as residential users in T onka Bay. Users connected to Tonka Bay water system shall comply with the Tonka Bay ordinances governing the use of the Tonka Bay water system including the use of meters. Tonka Bay shall charge the residents of Shorewood connected to the Tonka Bay water system user fees at the same rate charged to Tonka Bay residents. In the event Shorewood desires to bill and collect said user fees, it shall be Shorewood's obligation to inspect and read the meters quarterly and remit to Tonka Bay that amount which would be due Tonka Bay if Tonka Bay billed directly. Shorewood shall be responsible for all delinquent water accounts. The accounts of all water users in Shorewood which are delinquent for more than ninety (90) days shall be turned over to Shorewood, and Shorewood shall within thirty (30) days thereafter make payment to Tonka Bay and become absolute owner of the account. Shorewood shall be obligated to inspect and repair all water lines located in the City of Shorewood and in the event there is a defect or break in said lines, Shorewood shall immediately take steps to correct the same. If the break is not corrected, Tonka Bay may shut off the water at the Tonka Bay city limits. Shorewood shall not permit any connection to Tonka Bay water system without prior approval by Tonka Bay. e. f. g. Emergency Interconnection. It is understood that there presently exists a facility to provide direct interconnection between the Tonka Bay municipal water system and the Shorewood Badger Well municipal water system at County Road 19. In the event that an emergency arises whereby either City's water system becomes impaired, such City may make use of the interconnect facility to obtain water temporarily from the other city's water system, subject to the following conditions: a. Notification - Should it become necessary for either Tonka Bay or Shorewood to open the valve to utilize water from the other system, the public works supervisor shall notify the public works supervisor or some other city official (administrator or Councilmembers) from the city prior to the time that the valve is opened. b. Pavment for Water Use -In lieu of metering, payment by one city to the other for the water used shall be based on the previous year's weekly or monthly average for that same comparable time period. Example: If Shorewood opens valve on March 10, 1991, and uses water for one day, Tonka Bay will review records for water consumption on March 10tl1 of 1990. If March 10, 1990 records show that 200,000 gallons of water were consumed in Tonka Bay that day and 220,000 gallons are consumed with the valve open on March 10, 1991, Shorewood shall pay Tonka Bay for the use of 20,000 gallons of water at the water rate in effect at that time. If Tonka Bay uses water from Badger Well, a similar process 4 . . . . would be followed to determine what amount Tonka Bay owes Shorewood. c. Maintenance of Valves - Each city shall be responsible for the maintenance of its own valve. d. Mutual Benefit -It is understood that the connection between the two cities is mutually beneficial and, in an emergency situation such as a fire, the mixing of the water from each system would not be harmful or pose any health-related problems. IN WITNESS WHEREOF, the undersigned governmental units have caused this agreement to be executed in their behalf pursuant to the authority of their respective city councils. IN,PRESENCE OF CITY OF TONKA BAY By Mayor Date: By Clerk CITY OF SHOREWOOD By Mayor Date: By: Clerk 5 ''I ( GX c.. ER Pr' TDN~ BAY ,=- E':E; s;:) FEE SCHEDULE ",. . PREVIOUS ADOPTED 2001 LAST INCREASE AMOUNT Dog License Before March 15 10.00 7.00 After March 15 15.00 10.00 Excavation - Street 50.00 Plus $1,000 bond, cashier's check or Letter of Credit Fertilizer App. License 100.00 New in 2000 Fill Permit 10-50 cubic yards (required for 30.00 lakeshore only) Over 50 ,cubic yards 50.00 Home Occupation permit 10.00 Liquor . Investigation Fee 500.00 Beer (On-sale) 125.00 Beer (Off-sale) 20.00 . On-sale 4,800.00 Special Sunday Sale 200.00 Wine (On-sale) 150.00 Club (Setup) 300.00 Mechanical Permit 30.00 1996 25.00 ... (PER FIXTURE) NSF Check 15.00 Park Fee 1,000.00 1998 600.00 Plumbing Permit 1-5 Fixtures 30.00 Each additional fixture 5.00 Public Hearings Escrow 200.00 1998 120.00 Variance 75.00 1998 105.00 CUP 75.00 1998 105.00 Rezoning 75.00 1998 105.00 Lot Splits 75.00 1998 105.00 Street Vacation 75.00 1998 105.00 Subdivision 75.00 PUD 650.00 Set in 1989 Final Plat (Five lots) 75.00 1998 50.00 Final Plat (over five lots) 75.00 1998 15.00' Quarterly Utilities Water: Attachment 2 Tonka Bay Fee (Excerpt) . . . .. . FEE SCHEDULE PREVIOUS ADOPTED 2001 LAST INCREASE AMOUNT Residential 5.00 plus 2.00 per 2001 1.90 per 1,000 1,000 gallons Commercial 5.00 plus 2.00 per 2001 1.90 per 1,000 1,000 gallons Sewer: Residential (base) 83.00 1999 77.00 Commercial 83.00 1999 77.00 10,000 gal. Water usage 2.45 1999 2.15 plus charge for 1,000 gal. Garbage: Non-recycling 49.00 1998 55.00 Recycling 28.00 1998 34.00 Senior Citizen (one can) 26.00 1998 32.00 Recycling 14.80 1998 8.80 MN Water Testing Fee 1.31 Storm Water Drainage Fee Residential 3.00 Commercial Based on sq. ft. Recycling Containers 8.00 Sanitary Sewer - Connection Permit Residential 30.00 Commercial 30.00 SAC Charge 1,150.00 Annually Set by Met Council Disconnect sewer 30.00 Sewer/Water Maps 5.00 2000 1.00 Sprinkler System - Connection Permit 4" Pipe 200.00 6" Pipe 300.00 8" Pipe 400.00 12" Pipe 600.00 Tank Removal 50.00 Water Connection Permit 1" diameter pipe 30.00 Over 1" 30.00 Reconnect 30.00 Disconnect 30.00 Hyd rant Use 25.00 Water Meter Estimating Fee 15.00 Water Meters (tax included) % inch 226.86 2001 94.00 . " . "' " FEE SCHEDULE PREVIOUS ADOPTED 2001 LAST INCREASE AMOUNT 1-inch 296:07 2001 162.94 1-1/4 inch 313.11 2001 179.98 1-1/2 inch 542.08 2001 409.20 Frost plate 17.04 Reader 21.30 Wire (per foot) taxable .10 Water/Sewer Connection Charges . Sewer System " 3,114.00 " Annually Based on Water System 3,020.00 Annually construction Water Tower 891.00 Annually cost index Zoning Map 10.00 2001 3.00 Zoning Ordinance Book 20.00 2001 10.00 . . ,