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061101 CC Reg AgP ~ii )\ " CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 11,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Garfunkel_ Liz6e ____ Zerby _ Turgeon _ 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes May 29, 2001 (Att.-#2A Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. A Motion Approving the Verified Claims List (Att.-#3A Claims List) 4. PRESENTATIONS A. Presentation of Award to Former Planning Commissioners for their Service on the Planning Commission B. Report From Jeff Foust, City Representative to LMCC 5. MATTERS FROM THE FLOOR (No Council action will be taken.) 6. HEARINGS A. Shorewood Ponds Development 7. PARKS . . . , CITY COUNCIL AGENDA - June 11,2001 Page 2 of 3 8. PLANNING - Report by Representative A. A Motion to Direct Staff to Prepare a Resolution Regarding an Appeal to the Zoning Administrator's. Interpretation of the Zoning Code (Att.-#6A Planning Commission Findings of Fact) Appellant: J ames Russell Location: 26080 Birch Bluff Road B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space over 1200 sq. ft. (Att.-#8B Planning Director's Memorandum, Proposed Resolution) Applicant: Brian Zeglen Location: 5960 Afton Road C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space over 1200 sq. ft. (Att.-#8C Planning Director's Memorandum, Proposed Resolution) Applicant: Richard Penn Location: 27825 Brynmawr Place D. A Motion to Adopt a Resolution Approving a Revised Conditional Use Permit for Church Storage Building. (Att.-#8D Planning Director's Memorandum, Proposed Resolution) Applicant: Minnewashta Church Location: 26710 West 62nd Street E. A Motion to Adopt a Resolution Approving a Revised Conditional Use Permit for the Kuempel Chime Clock Property (Att.-#8E Planning Director's Memorandum, Proposed Resolution) Applicant: Mary jean McGregor Location: 21193 Minnetonka Boulevard F. Motion to Adopt a Resolution Approving a Final Plat and Authorizing the Mayor and City Administrator to Enter Into a Development Agreement (Att.-#8F Proposed Resolution) G. Report on Dugouts/Bench Shelters at Freeman Park 9. GENERAL A. Final Report on the Community Visioning Project - Bruce Chamberlain, Hoisington Koegler Group, Inc. (Att.-#9A Report) B. Approval of Fire Services Agreement with the City of Mound (Att.-#9B Administrator's memorandum, Agreement) 10. ENGINEERINGIPUBLIC WORKS ; .. . .11 CITY COUNCIL AGENDA - June 11, 2001 Page 3 of3 11. REPORTS A. Administrator & Staff 1. Gideon Glen 2. Skate Park 3. Eddy Station 4. County Road 19 Intersection B. Mayor & City Council 12. 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 June 2001 ::'. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #4A: Several advisory commission members who have finished their service will be presented certificates of appreciation. Agenda Item #4B: Jeff Foust, the City representative to the Lake Minnetonka Communications Commission will provide an update on commission activities and new technological capabilities. Agenda Item #6A: The Development Agreement for the Shorewood Ponds Subdivision states that a hearing (not a public hearing) be conducted before the City Council if all of the cleanup and erosion control items, which the developer of Shorewood Ponds Subdivision was formerly noticed of, have not been performed. The purpose of the hearing is to determine what items have not been completed, and what remedies are to take place to insure the infractions do not occur again. . . .It .e Agenda Item #8A: James Russell's appeal to the Zoning Administrator's interpretation of the Zoning Code relating to nonconforming structures is back for consideration by the full Council. The findings of fact included herein was recommended unanimously by the Planning Commission. Approval of the appeal requires a four-fifths vote by the Council. Agenda Item #8B: Brian Zeglen's request for a conditional use permit for accessory space in excess of 1200 square feet was unanimously recommended by the Planning Commission. He proposes to build a detached garage to the south of his existing home at 5960 Afton Road. Approval of the draft resolution requires a four-fifths vote by the City Council. Agenda Item #8C: Richard Penn proposes to build an addition to the rear of his garage at 27825 Brynmawr Place. Since it puts him over 1200 square feet of accessory space, a conditional use permit is required. The Planning Commission agreed unanimously with the Planning Director's recommendation to approve the C.U.P. Approval by the Council requires a four-fifths vote. ft t.J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 11 June, 2001 Page 2 of 2 Agenda Item #8D: Minnewashta Church, 2671 0 West 62nd Street, proposes to build a larger storage garage than their original C.U.P. had proposed. Instead of a two-stall building, they now propose a three-stall building. The Planning Commission voted unanimously to recommend approval of the c.u.P. subject to conditions. Approval by the Council requires a four-fifths vote. Agenda Item #8E: Mary jean McGregor requests a revision to the conditional use permit for the Kuempel Chime Clock property at 21193 Minnetonka Boulevard. She proposes to eliminate the woodworking shop for Kuempel Chime and lease out the approximately 2400 square feet of floor space in the rear of the building to Energy Controls, Inc.. The new occupant will use the space for offices, a video recording studio, electronic controls repair, parts storage and shipping. The new use is considered to be a less intense use of the property and is consistent with the R-C zoning of the site. Council approval requires a four-fifths vote by the Council. Agenda Ited~ #18Fd: dTheftrdesolultion intthe packet ta~prothves th~ fitnalAPlat forlsbmithhtocwn W~IOdS . an mc u es a ra eve opmen agreemen lor e proJec . pprova y t e ounCl requires a simple majority vote by the Council. Agenda Item #8G: Staff will report on the status of recent meetings with Little League representatives regarding the dugout shelters at Freeman Park. Agenda Item #9A: Bruce Chamberlain, of Hoisington Koegler Group, Inc., discussed the components in the strategy proposed for use in the community visioning process. Council generally concurred with the strategy, and provided specific feedback on some items. The Final Report of the Scoping Phase of the Shorewood Community Visioning Project will be presented for Council acceptance at this evening's meeting. Agenda Item #9B: The City of Shorewood contracts with the City of Mound for fire and rescue services to Shorewood's islands in Lake Minnetonka. The City of Mound has . forwarded a proposed agreement that has a few technical wording changes, but also one major change - a three-year duration, rather than the one-year term that has been the practice for many years. The City Administrator's memorandum discusses some of the issues to consider with the change in duration, and recommends approval of the agreement. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 29, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING nAAfl. .. Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning DirectOr Nielsen Absent: None . B. Review Agenda Lizee moved, Turgeon seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes May 14,2001 Turgeon moved, Zerby seconded, approving the City Council Work Session Minutes of May 14, 2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes May 14,2001 Turgeon moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of May 14, 2001 as presented. Motion passed 5/0. . 3. CONSENT AGENDA Zerby moved, Turgeon seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving the Verified Claims List B. A Motion Adopting RESOLUTION NO. 01-030, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with MnDOT for the State Trunk Highway 7/41 Construction Project, City Project 98- 05." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. # ;1-/1 CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 2 of 6 5. PRESENTATIONS A. Presentation of the 2000 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA Finance Director Burton welcomed Mr. Steve McDonald, Certified Public Accountant from the City's auditing firm of Abdo, Abdo, Eick and Meyers. Mr. McDonald noted he was present this evening to present the Comprehensive Annual Financial Report to Council and a special award to Finance Director Burton and the City. Mayor Love thanked Mr. McDonald for his fine report, and Director Burton for the incredible efforts put forth by staff in preparing the report. . 6. PARKS Park Quarterly Financial Report Director Burton reviewed the Quarterly Financial Report for the Parks Department. She noted this report was comprised of components of Revenue Sources, the Operations Budget, and the Park Capital Improvement Fund. At the time of preparation of the Quarterly Report, certain organizational user fees were still pending. The Operations Budget was considered a component of the General Fund and comprised of approximately $162,000 for the 200 1. Expenditures appeared to be on target for the year. . Director Burton explained the Park Capital Improvement Fund, which was responsible for funding major construction projects such as Eddy Station, was currently operating at a deficit due to the extensive construction efforts to build Eddy Station. Revenue sources to repay that fund would be comprised of Park Dedication Fees, General Fund Contributions, Sports Organization Fees, Park Foundation Contributions, and Concession Sales. Due to the unpredictability of the Park Dedication Fees and Park Foundation Contributions, she noted this Fund could become increasingly dependent on the other revenues to retire that debt over time in the Park Capital Improvement Fund Balance. Councilmember Turgeon questioned the status of payment by the Sports Organizations and consequences for nonpayment. Administrator Dawson explained City policy regarding nonpayment included suspending the use of fields and facilities. He explained, in response to Councilmember Turgeon's question, that the Park Foundation had plans to approach the Park Commission regarding fundraising efforts for pledges toward repayment of the Park Capital Improvement Fund. CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 30f6 Mayor Love commented it was the belief of the Council in the past that user fees would increase, if needed, to offset the balance in that fund rather than increasing General Fund contributions. He also stated it should be realistic of a volunteer organization, such as the Park Foundation, to raise the ten thousand dollars pledged toward the Park Capital Improvement Fund for the year. Mayor Love thanked Director Burton for the First Quarterly Park Financial Report and commented the following two quarters would be crucial. Further, the Park Board should be contacted as soon as possible if there was a need to increase the user fees for next year. . Engineer Brown explained, in response to Councilmember Turgeon's question, that vending machines should be present at Eddy Station by the end of the week. Also, he would be attending a meeting with Mr. Tichy and Mr. Lindstrom, of South Tonka Little League, to review plans for an irrigation system. Plans had not yet been received by the City for this system. . Director Nielsen explained the "dugouts" erected were substantially under-supported. As such, the contractor was given ten days to remove the structures and rebuild according to plans. If not removed, these structures would then be removed by the City. Also, he noted, a fence permit had not been issued' although a fence extension of unclear purpose had been erected. Further, he stated these efforts were disturbing because the proposed plans showed structures and fencing totally different from what had been placed at the park. Mayor Love stated it was imperative that attention be given to specific details found in the approved plans. Further, he noted he had high expectations for residents and it was his perspective that government needed to reach to higher standards than that asked of residents. It was imperative the letter of the law be heeded in this matter, and he applauded Staff s efforts to do so. Councilmember Turgeon stated she was concerned that a group of residents did not believe it had an obligation to heed the plans and processes set forth by City poliC;Y. She .also asked Engineer Brown if the access road between Field 2 and Field 3 had been closed. Turgeon moved, Lizee seconded, erecting barricades placed to impose vehicular traffic on the access road between Field 2 and Field 3 at Freeman Park. . Councilmember Garfunkel questioned whether erecting barricades on this road would cause any problems for the City in terms of planning. Engineer Brown explained this closing was actually part of a larger project to take place at the Park. As part of that process, neighborhood meetings would be held informing those in the area that this access road would be closed. However, since the closing was being considered out of that project context, this action would suffice. Motion passed 5/0. 7. PLANNING Chair Bailey reported on matters considered and actions taken at the May 15,2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Relative to Nonconforming Accessory Structures CITY COUNCIL REGULAR MEETING MINUTES MAY 29,2001 Page 4 of 6 Director Nielsen provided background and historical examples related to the need for the ordinance amendment. He also referenced the numerous discussions of the Planning Commission relative to this matter over the past two years. Mayor Love stated he appreciated the thoughtfulness of the Planning Commission and staff regarding this matter. ' Turgeon moved, Zerby seconded, adopting Ordinance No. 371, "An Ordinance Amending the Shorewood Zoning Code Relative to Nonconforming Accessory Structures. Motion passed 5/0. 8. GENERAL A. A Motion Making Appointments to the Gideon Glen Advisory Committee Administrator Dawson explained concept plans were being submitted to the Land Conservation and Environment Committee. As such, the Council had endorsed the idea of an advisory committee including resic;lents of the immediate area of Gideon Glen and other interested parties. A technical committee would supplement the work of the advisory committee, and it was expected the work of the advisory . committee would be completed within six months. Turgeon moved, Zerby seconded, Making Appointments to the Gideon Glen Advisory Committee. Motion passed'S/O. 9. ENGINEERINGIPUBLIC WORKS A. Progress Report on Shorewood Ponds Development Water Drainage Issues Engineer Brown reported Councilmembers had received complaints at the May 14,2001, Regular City Council Meeting regarding site conditions for the Shorewood Ponds Development. Site conditions, erosion controls, and storm sewers were not being maintained in accordance to issued permits and project plans. After meeting with residents of the Shorewood Oaks subdivision, the developer of the Shorewood Ponds development, and additional City staff, it was agreed that erosion controls would be brought into compliance, storm sewers on the westerly property boundary would be cleaned, and the ditch along the westerly property boundary would be reestablished. These items were to have been completed by May . 18,2001. As of that date, none of the items were completed. In accordance with the Development Agreement for Shorewood Ponds, the developer had until May 31, 2001, to completely install silt fences per the permit issued by the Minnehaha Creek Watershed District and the approved grading, drainage, and erosion control plans; remove all silt and sweep all streets within the subdivision; restore tree protection fencing; and all areas not sodded would need to be top dressed and seeded. Engineer Brown noted some attempts had been made to erect silt fences and clean streets; however, failure to fully comply with all conditions set forth in the development Agreement by May 31, 2001, would result in the City drawing upon the letter of credit and contracting to complete items in default. Council member Lizee and Mayor Love thanked Engineer Brown and staff for being proactive in dealing with this matter. B. Discussion on Glen Road Drainage. Issues CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 5 of6 Engineer Brown stated he had walked the area with Mr. Joe Lugowski who had been concerned for the amount of water in his neighborhood after recent rains. Engineer Brown stated he had located a number of historical references from Hennepin County to the City stating a tile line does exist in that area; however, there were no exact locations given in those communications. Also, he noted these facilities were not taken over by the City historically. He would provide a complete report to Council at the next meeting. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there had not been a meeting held by the Land Conservation and Environment Committee due to lack of a quorum, thus there was nothing new to report. 2. Skate Park . Engineer Brown reported the parking lot was open at the South Shore Community Park and had relieved parking issues along St. Alban's Bay Road. However, litter control and inappropriate pedestrian crossings on Highway 7 continued to be areas of concern. He hoped the litter could be controlled on an individual basis without having to resort to more punitive actions. Also, he anticipated MnDOT could respond with additional signage along Highway 7 reminding of appropriate use of the crosswalks. A grinder rail still needed to be installed at the Park, and the Park Commission would be meeting with the neighborhood on a quarterly basis. Mayor Love stated he was very disheartened by the lack of concern for litter by the Skate Park participants. . He was surprised those persons using the facility had not taken more pride in the site, and he hoped this situation could be remedied soon. Also, he noted it would be appropriate to involve youth in addressing this situation by meeting with the Park Commission to find solutions for litter control on site. 3. Eddy Station . Engineer Brown explained the grading should be completed soon, and all other improvements remaining should be completed within the next three weeks as long as it could remain dry enough to work on site. 4. County Road 19 Intersection Administrator Dawson stated there was nothi,ng new to report at this time. 5. Highway 7 construction projects Administrator Dawson reported there was construction on Highway 7 through Excelsior currently underway. ' Engineer Brown noted seal coating would be taking place as early as May 31, 2001. Residents whose roads had been patched recently would receive immediate attention. Also, residents should be looking for notices regarding timing of seal coating in their area. CITY COUNCIL REGULAR MEETING MINUTES MAY 29, 2001 Page 6 of6 *. B. Mayor & City Council Mayor Love stated Chief DuCharme and the Fire District Board selected Mr. Dana George as the Assistant Fire Chief for the Excelsior Fire District. 11. RECESS TO EXECUTIVE SESSION Lizee moved, Turgeon seconded, taking a brief break and recessing to Executive Session to discuss Eller Media at 8:24 P.M. Motion passed 5/0. . Mayor Love convened the Executive Session Meeting at 8:27 P.M. Mayor Love, all Councilmembers, Administrator Dawson; City Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen were in attendance. Council received a progress report regarding pend~ng litigation involving Eller Media. Zerby moved, Turgeon seconded, to return to the Regular Session of the City Council Meeting at . 8:31 P.M. Motion passed 5/0. 12. ADJOURN Turgeon moved, Zerby seconded, adjourning the Regular City Council Meeting of May 29, 2001, at 8:31 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . .. Check Approval Listfor 06/11/01 Council Meeting .. Check # Vender Name Description Check Date Invoice # Amount 30449 US POSTMASTER PSTG FOR JUNE NEWSLETTER 5/25/01 $730.58 TOTAL FOR US POSTMASTER $730.58 30450 ANDERSON, KRISTI B. MAY 16-31 CONTRACT SVCS 5/31/01 $120.00 TOTAL FOR ANDERSON, KRISTI B. $120.00 30451 BURTON, BONNIE TRAVEL ADVANCE FOR GFOA CON 5/31/01 $719.00 TOTAL FOR BURTON, BONNIE $719.00 30452 EISCHENS, JAMES MILEAGE TO MMBA CONF-BREEZY 5/31/01 $108.19 TOTAL FOR EISCHENS, JAMES $108.19 30453 ELKE, CATHERINE MAY MILEAGE/SPRG 2001 TUITION 5/31/01 $610.24 TOTAL FOR ELKE, CA THERlNE $610.24 30454 HENNEPIN COUNTY TR ROOM/BOARD APRIL 2001 5/31/01 000038 $416.00 TOTAL FOR HENNEPIN COUNTY TREASURER $416.00 30455 LIGHTLY EPICUREAN FOOD FOR 5/16 MTG 5/31/01 2539 $160.52 TOTAL FOR LIGHTLY EPICUREAN $160.52 30456 LEAGUE OF MN CITIES JUNE DENTAL PREMIUMS 5/31/01 3435 $39.85 . 30456 LEAGUE OF MN CITIES JUNE DENTAL PREMIUMS 5/31/01 3435 $74.23 30456 LEAGUE OF MN CITIES JUNE DENTAL PREMiUMS 5/31/01 3435 $39.85 30456 LEAGUE OF MN CITIES JUNE DENTAL PREMIUMS 5/31/01 3435 $459.17 TOTAL FOR LEAGUE OF MN CITIES $613.10 30457 MIDWEST COCA-COLA 5/31/01 61848158 $307.50 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $307.50 30458 MINN NCPERS GROUP PREMIUM FOR JUNE 5/31/01 $12.00 TOTAL FOR MINN NCPERS GROUP LIFE INS $12.00 30459 MN SUN PUBLICATION BIDS - HWYS 7/41 5/31/01 419761 $117.97 30459 MN SUN PUBLICATION COM PLAN REQ 5/31/01 419774 $46.47 30459 MN SUN PUBLICATION CUP AMEND REQ-KUEMPLE CHIME 5/31/01 419777 $46.47 30459 MN SUN PUBLICATION CUP AMEND REQ-MINNEWASHTA C 5/31/01 419778 $57.20 30459 MN SUN PUBLICATION CUP ACCESSORY SPACE-RICH PE 5/31/01 419779 $46.47 30459 MN SUN PUBLICATION 5/31/01 419782 $46.47 TOTAL FOR MN SUN PUBLICATIONS $361.05 . 30460 NORTH STAR ICE 5/31/01 68113910 $121.20 30460 NORTH STAR ICE 5/31/01 78114305 $85.20 TOTAL FOR NORTH STAR ICE $206.40 30461 ORONO, CITY OF ANIMAL CONTROL - APRIL 2001 5/31/01 1045-01 $1,481.25 30461 ORONO, CITY OF ANIMAL CONTROL - MAY 5/31/01 1 048-01 $1,481.25 TOTAL FOR ORONO, CITY OF $2,962.50 30462 PEPSI COLA COMPANY 5/31/01 68682846 $82.00 30462 PEPSI COLA COMPANY 5/31/01 68683179 $69.36 30462 PEPSI COLA COMPANY 5/31/01 68683180 $52.52 TOTAL FOR PEPSI COLA COMPANY $203.88 30463 POMMER COMPANY, I PLANNING COMM NAME PLATES, E 5/31/01 48487 $274.38 TOTAL FOR POMMER COMPANY, INC. $274.38 30464 QUALITY WINE & SPIRI 5/31/01 962121-00 ($333.62) 30464 QUALITY WINE & SPIRI 5/31/01 963861-00 $13.78 30464 QUALITY WINE & SPIRI 5/31/01 963924-00 ($3.97) 30464 QUALITY WINE & SPIRI 5/31/01 966336-00 $420.92 30464 QUALITY WINE & SPIRI 5/31/01 966336-00 $389.Q1 30464 QUALITY WINE & SPIRI 5/31/01 966338-00 $695.92 30464 QUALITY WINE & SPIRI 5/31/01 966338-00 $1,020.17 -:# ';:{ rl, ". \-...J TT Check # Vender Name Description Check Date Invoice # Amount 30464 QUALITY WINE & SPIRI 5/31/01 966341-00 $951.86 l 30464 QUALITY WINE & SPIRI 5/31/01 966341-00 $1,253.72 TOTAL FOR QUALITY WINE & SPIRITS CO $4,407.79 30465 QUEST DEX 5/31/01 00861855300 $5.40 TOTAL FOR QUEST DEX $5.40 30466 SCHMID, CHRISTOPHE MILEAGE TO MMBA CONF-BREEZY 5/31/01 $108.19 TOTAL FOR SCHMID, CHRISTOPHER $108.19 30467 SO LK MTKA POLICE 0 BOOKING FEES - APRIL 5/31/01 $427.44 TOTAL FOR SO LK MTKA POLICE DEPT $427.44 30468 SPEEDWAY SUPERAM 5/31/01 MAY STMT $1,402.20 TOTAL FOR SPEEDWAY SUPERAMERICA $1,402.20 30469 SUN PATRIOT NEWSPA B ZEGLEN CUP 5/31/01 512 $30.92 30469 SUN PATRIOT NEWSPA SHOREWOOD VILLAGE CTR RE CU 5/31/01 513 $32.85 30469 SUN PATRIOT NEWSPA KEUMPLE CHIME CUP 5/31/01 514 $30.92 30469 SUN PATRIOT NEWSPA MINNEWASHTA CHURCH CUP 5/31/01 515 $34.78 30469 SUN PATRIOT NEWSPA R PENN CUP 5/31/01 516 $30.92 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $160.39 30470 TONKA PRINTING CO. STAMPS FOR L1Q #1 5/31/01 $69.07 . TOTAL FOR TONKA PRINTING CO. $69.07 30471 TOTAL REGISTER SYS REGISTER TAPE-TB 5/31/01 11689 $57.48 TOTAL FOR TOTAL REGISTER SYSTEMS $57.48 30472 WATERFORD CENTER RENT FOR JUNE 5/31/01 $3,734.77 TOTAL FOR WATERFORD CENTER LLP $3,734.77 30473 METROPOLITAN STAT MCMA SEMINAR - C DAWSON 6/5/01 $95.00 TOTAL FOR METROPOLITAN STATE UNIVERSITY $95.00 30474 AFSCME COUNCIL 14 JUNE UNION DUES 6/6/01 $183.05 TOTAL FOR AFSCME COUNCIL I4 $183.05 30475 BIFFS, INC. RENTALS FOR PARKS 6/6/01 W127423-42 $656.67 TOTAL FOR BIFFS,INC. $656.67 30476 CATCO PARTS AND SE REAR BRAKE CHAMBERS 6/6/01 3-58936 $117.83 30476 CATCO PARTS AND SE BRAKE CHAMBERS/AIR L1NES,ETC 6/6/01 3-59916 $141.57 TOTAL FOR CATCO PARTS AND SERVICE $259.40 30477 CHAMPION AMERICA I FIRST AID MASKS 6/6/01 R059155-02 $71.40 . TOTAL FOR CHAMPION AMERICA INC $71.40 30478 CITY COUNTY CREDIT 06/05/01 PAYROLL DEDUCTIONS 6/6/01 $350.00 TOTAL FOR CITY COUNTY CREDIT UNION $350.00 30479 DAY DISTRIBUTING 6/6/01 135130 $944.95 TOTAL FOR DAY DISTRIBUTING $944.95 30480 EAST SIDE BEVERAGE 6/6/01 788402 $482.90 30480 EAST SIDE BEVERAGE 6/6/01 788403 $433.40 30480 EAST SIDE BEVERAGE 6/6/01 788403 $9.50 TOTAL FOR EAST SIDE BEVERAGE COMPAN $925.80 30481 EXCELSIOR ACE HARD BATTERIES/BUSHINGS 6/6/01 463764 $12.62 30481 EXCELSIOR ACE HARD AIR BRAKE LINE/FITTINGS 6/6/01 464125 $8.88 30481 EXCELSIOR ACE HARD AIR BRAKE LINE/FITTINGS 6/6/01 464149 $5.29 30481 EXCELSIOR ACE HARD SPRINKLER HOSE FITTINGS 6/6/01 466423 $11.16 30481 EXCELSIOR ACE HARD FITTINGS/PARTS 6/6/01 468937 $7.09 30481 EXCELSIOR ACE HARD FITTINGS/PARTS 6/6/01 468959 $2.64 30481 EXCELSIOR ACE HARD QUIKCRETE FOR SKATE PK 6/6/01 469105 $34.04 TOTAL FOR EXCELSIOR ACE HARDWARE $81.72 Check # Vender Name Description Check Date Invoice # Amount 30482 GOVT TRAINING SERVI PLANNING/ZONING WORKSHOP 6/6/01 9275 $1,100.00 TOTAL FOR GOVT TRAINING SERV1CE $1,100.00 30483 HENNEPIN COUNTYTR DATA EXTRACTION/CD 6/6/01 283 $52.57 TOTAL FOR HENNEPIN COUNTY TREASURER $52.57 30484 HERMEL WHOLESALE 6/6/01 296077 $468.90 30484 HERMEL WHOLESALE 6/6/01 296080 $892.72 30484 HERMEL WHOLESALE 6/6/01 296081 $406.38 30484 HERMEL WHOLESALE 6/6/01 296291 $43.34 TOTAL FOR HERMEL WHOLESALE $1,811.34 30485 ICMA RETIREMENT TR 06/05/01 PAYROLL 6/6/01 $1,222.Q7 TOTAL FOR lCMA RETIREMENT TRUST-457 $1,222.07 30486 JIM HATCH SALES CO. TRAFFIC CONES 6/6/01 2326 $158.77 TOTAL FOR JIM HA TCH SALES CO. $158.77 30487 JOHNSON, RICK DEER REMOVAL 5/30 5360 VINE HIL 6/6/01 $82.50 TOTAL FOR JOHNSON, RICK $82.50 30488 JRK, INC GRASS SEED 6/6/01 13586 $633.67 TOTAL FOR JRK,INC $633.67 . 30489 KEEFE, SALLY MAY CONTRACT SVCS 6/6/01 $240.00 30489 KEEFE,SALLY MAY CONTRACT SVCS 6/6/01 $420.00 TOTAL FOR KEEFE, SALLY $660.00 30490 LAKESHORE WEEKLY WINE TASTING ADS 6/6/01 65929 $156.00 30490 LAKESHORE WEEKLY WINE TASTING ADS 6/6/01 65929 $156.00 30490 LAKESHORE WEEKLY WINE TASTING ADS 6/6/01 65929 $156.00 TOTAL FOR LAKESHORE WEEKLY NEWS $468.00 30491 LEAGUE OF MN CITIES 2001 LMC ANNUAL CONF - C DAWS 6/6/01 $325.00 TOTAL FOR LEAGUE OF MN CITIES $325.00 30492 METRO SALES, INC. PRINTER CABLE FOR ADMIN PRINT 6/6/01 02096A $15.98 30492 METRO SALES,INC. INK FOR PRIPORT 6/6/01 03805A $329.48 30492 METRO SALES,INC. CREDIT FOR WRONG COLOR INK 6/6/01 79511A-CR ($42.60) TOTAL FOR METRO SALES, INC. $302.86 30493 MIDWEST COCA-COLA 6/6/01 63228208 $93.60 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $93.60 . 30494 MINNEHAHA CREEK W RENEWAL FEE FOR PERMIT 6/6/01 $25.54 TOTAL FOR MINNEHAHA CREEK WATERSHED $25.54 30495 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 6/6/01 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 30496 NORTH STAR ICE 6/6/01 04114609 $46.80 30496 NORTH STAR ICE 6/6/01 04114610 $49.20 30496 NORTH STAR ICE 6/6/01 68114408 $51.00 TOTAL FOR NORTH STAR ICE $147.00 30497 PAZANDAK, JOSEPH MILEAGE 5/21 - 6/1 & PHOTO DEVE 6/6/01 $17.05 30497 PAZANDAK, JOSEPH MILEAGE 5/21 - 6/1 & PHOTO DEVE 6/6/01 $91.53 TOTAL FOR PAZANDAK, JOSEPH $108.58 30498 PEPSI COLA COMPANY 6/6/01 68683210 $25.20 TOTAL FOR PEPSI COLA COMPANY $25.20 30499 PERA 06/05/01 PAYROLL 6/6/01 $1,811.09 30499 PERA 06/05/01 PAYROLL 6/6/01 $1,975.02 TOTAL FOR PERA $3,786.11 30500 PRIME-STRIPE INC PAINT FOR STRIPING SKATE PARK 6/6/01 7304 $49.55 TOTAL FOR PRIME-STRIPE INC $49.55 Check # Vender Name Description Check Date Invoice # Amount 30501 PROTOCOL COMMUNI WEB SVC 4/1 .: 6/1/01 6/6/01 952204663-0 $85.00 TOTAL FOR PROTOCOL COMMUNICAT.IONS, INC $85.00 30502 QUALITY WINE & SPIRI 6/6/01 961420-00 $246.75 30502 QUALITY WINE & SPIRI 6/6/01 961420-00 $200.90 30502 QUALITY WINE & SPIRI 6/6/01 961684-00 $17.77 30502 QUALITY WINE & SPIRI 6/6/01 967948-00 $1.07 30502 QUALITY WINE & SPIRI 6/6/01 967949-00 $100.00 30502 QUALITY WINE & SPIRI 6/6/01 968915-00 $200.00 30502 QUALITY WINE & SPIRI 6/6/01 968916-00 $738.45 30502 QUALITY WINE & SPIRI 6/6/01 968921-00 $113.34 30502 QUALITY WINE & SPIRI 6/6/01 968924-00 $808.79 TOTAL FOR QUALITY WINE & SPIRITS CO $2,427.07 30503 QUEST DEX 6/6/01 00861855700 $133.30 TOTALFOR QUESTDEX $133.30 30504 QUEST 6/6/01 $89.04 30504 QUEST 6/6/01 $46.16 30504 QUEST 6/6/01 $46.25 TOTAL FOR QUEST $181.45 30505 ROGERS, DON PKT DELlVERI ES 6/6/01 $25.00 . 30505 ROGERS, DON PKT DELIVERIES 6/6/01 $50.00 TOTAL FOR ROGERS, DON $75.00 30506 S.W. LEE CONSTRUCTI RAISING OF EXISTING MANHOLE 6/6/01 $280.00 TOTAL FOR S.w. LEE CONSTRUCTION $280.00 30507 SHOREWOOD TRUE V GLUE - SKATE PK 6/6/01 42112 $30.66 30507 SHOREWOOD TRUE V DRILL BITS 6/6/01 42117 $10.63 30507 SHOREWOOD TRUE V MISC PW PARTS 6/6/01 42159 $32.55 30507 SHOREWOOD TRUE V SIGNALING BELL 6/6/01 42185 $13.51 TOTAL FOR SHORE WOOD TRUE VALUE $87.35 30508 SWANDBY, DONALD MAY MILEAGEIWINE TASTING EXP/ 6/6/01 $17.64 30508 SWANDBY, DONALD MAY MILEAGEIWINE TASTING EXP/ 6/6/01 $83.97 30508 SWANDBY, DONALD MAY MILEAGElWINE TASTING EXP/ 6/6/01 $83.98 30508 SWANDBY, DONALD MAY MILEAGEIWINE TASTING EXP/ 6/6/01 $83.97 30508 SWANDBY, DONALD MAY MILEAGE/WINE TASTING EXP/ 6/6/01 $17.63 30508 SWANDBY, DONALD MAY MILEAGE/WINE TASTING EXP/ 6/6/01 $13.32 30508 SWANDBY, DONALD MAY MILEAGEIWINE TASTING EXP/ 6/6/01 $13.31 . 30508 SWANDBY, DONALD MAY MILEAGEIWINE TASTING EXP/ 6/6/01 $13.32 30508 SWANDBY, DONALD MAY MILEAGElWINE TASTING EXP/ 6/6/01 $17.64 TOTAL FOR SWANDBY, DONALD $344. 78 30509 THORPE DISTRIBUTIN 6/6/01 226502 $46.15 30509 THORPE DISTRIBUTIN 6/6/01 226502 $351.55 30509 THORPE DISTRIBUTIN 6/6/01 226692 $996.95 30509 THORPE DISTRIBUTIN 6/6/01 226692 $12.55 TOTAL FOR THORPE DISTRIBUTING COMPA $1,407.20 30510 TKDA & ASSOCIATES I PROF SVCS RE: LEAK OLD MKT/CO 6/6/01 051306 $171.39 TOTAL FOR TKDA & ASSOCIATES INC $171.39 30511 US FILTER DISTRIBUTI HYDRANT REPR KIT 6/6/01 7349643 $582.74 TOTAL FOR US FILTER DISTRIBUTION GROUP $582.74 30512 VERIZON DIRECTORIE ADS 6/6/01 $16.80 30512 VERIZON DIRECTORIE ADS 6/6/01 $16.80 30512 VERIZON DIRECTORIE ADS 6/6/01 $62.65 TOTAL FOR VERIZON DIRECTORIES CORP $96.25 30513 VERIZON WIRELESS, B 6/6/01 $44.60 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR VERIZON WIRELESS, BELLE VUE $44.60 30514 VIKING LAND TREE CA STUMP GRIND-25445 SMITHTOWN 6/6/01 2120 $89.46 TOTAL FOR VIKING LAND TREE CARE INC $89.46 30515 WSB AND ASSOCIATE TH7 @TH41 LAYOUT REVISIONS 6/6/01 01122-100-1 $931.00 TOTAL FOR WSB AND ASSOCIATES $931.00 30516 ABCO CONCRETE PRO PKG CURBS- SKATE PARK 6/12/01 4342 $527.17 30516 ABCO CONCRETE PRO STRIPPING PKG LOT - SKATE PK 6/12/01 4364 $150.00 TOTAL FOR ABCO CONCRETE PRODUCTS INC $677.17 30517 ARCOA INDUSTRIES EZ REACHER 6/12/01 034320 $65.32 TOTAL FOR ARCOA INDUSTRIES $65.32 30518 BELLBOY BAR SUPPLY 6/12/01 33891000 $10.12 30518 BELLBOY BAR SUPPLY 6/12/01 33891000 $59.32 30518 BELLBOY BAR SUPPLY 6/12/01 33898800 $195.92 30518 BELLBOY BAR SUPPLY 6/12/01 33957300 $21.58 TOTAL FOR BELLBOY BAR SUPPLY $286.94 30519 BELLBOY CORPORATI 6/12/01 21356000 $743.00 30519 BELLBOY CORPORATI 6/12/01 21356100 $501.11 . 30519 BELLBOY CORPORATI 6/12/01 21356200 $584.31 30519 BELLBOY CORPORATI 6/12/01 21413100 $1,438.18 30519 BELLBOY CORPORATI 6/12/01 21413200 $658.35 30519 BELLBOY CORPORATI 6/12/01 21413300 $1,318.75 TOTAL FOR BELLBOY CORPORATION $5,243.70 30520 BNR IRRIGATION INC IRRIGATION REPAIRS DUE TO WAT 6/12/01 966782 $161.04 TOTAL FOR BNR IRRIGATION INC $161.04 30521 BRYAN ROCK PRODUC REDROCKlRIP RAP 6/12/01 053101STMT $194.16 TOTAL FOR BRYAN ROCK PRODUCTS, INC. $194.16 30522 CM CONSTRUCTION IN PV #8 FREEMAN PARK 6/12/01 $4,877.30 TOTAL FOR CM CONSTRUCTION INC $4,877.30 30523 DAY DISTRIBUTING 6/12/01 135433 $609.85 30523 DAY DISTRIBUTING 6/12/01 135434 $15.35 30523 DAY DISTRIBUTING 6/12/01 135434 $909.15 30523 DAY DISTRIBUTING 6/12/01 135994 $647.40 30523 DAY DISTRIBUTING 6/12/01 136287 $1,755.90 . 30523 DAY DISTRIBUTING 6/12/01 136288 $19.20 30523 DAY DISTRIBUTING 6/12/01 136288 . $1 ,325.25 TOTAL FOR DA Y DISTRIBUTING $5,282.10 30524 E-Z RECYCLING INC. MAY RECYCLING SVC 6/12/01 2372 $5,751.25 TOTAL FOR E-Z RECYCLING INC. $5,751.25 30525 EARL F. ANDERSEN, IN TRAIL SIGNS - SHOREWOOD POND 6/12/01 0040448 $44.64 TOTAL FOR EARL F. ANDERSEN, INC. $44.64 30526 EAST SIDE BEVERAGE 6/12/01 790713 $3,580.15 30526 EAST SIDE BEVERAGE 6/12/01 791471 $9.50 30526 EAST SIDE BEVERAGE 6/12/01 791471 $3,504.50 30526 EAST SIDE BEVERAGE 6/12/01 791472 $2,526.35 30526 EAST SIDE BEVERAGE 6/12/01 792005 $569.50 30526 EAST SIDE BEVERAGE 6/12/01 793793 $90.25 30526 EAST SIDE BEVERAGE 6/12/01 793800 $1,489.40 TOTAL FOR EAST SIDE BEVERAGE COMPAN $11,769.65 30527 GRAPE BEGINNINGS, I 6/12/01 38961 $230.00 30527 GRAPE BEGINNINGS, I 6/12/01 38962 $366.00 30527 GRAPE BEGINNINGS, I 6/12/01 38963 $109.00 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR GRAPE BEGINNINGS, INC $705.00 30528 GREENMAN TECHNOL TIRE CAGE-SPRING CLEANUP 6/12/01 108593 $440.00 TOTAL FOR GREENMAN TECHNOLOGIES INC $440.00 30529 GRIGGS, COOPER & C 6/12/01 379713 $1,139.65 30529 GRIGGS, COOPER & C 6/12/01 379714 $481.80 30529 GRIGGS, COOPER & C 6/12/01 379717 $974.67 30529 GRIGGS, COOPER & C 6/12/01 379718 $266.09 30529 GRIGGS, COOPER & C 6/12/01 379735 $28.50 30529 GRIGGS, COOPER & C 6/12/01 379735 $1,237.05 30529 GRIGGS, COOPER & C 6/12/01 379736 $248.40 30529 GRIGGS, COOPER & C 6/12/01 382611 $632.94 30529 GRIGGS, COOPER & C 6/12/01 382612 $23.95 30529 GRIGGS, COOPER & C 6/12/01 382612 $1,808.31 30529 GRIGGS, COOPER & C 6/12/01 382613 $101.55 30529 GRIGGS, COOPER & C 6/12/01 382618 $164.78 30529 GRIGGS, COOPER & C 6/12/01 382619 $23.95 30529 GRIGGS, COOPER & C 6/12/01 382619 $667.77 30529 GRIGGS, COOPER & C 6/12/01 382626 $120.50 30529 GRIGGS, COOPER & C 6/12/01 382627 $1,450.80 30529 GRIGGS, COOPER & C 6/12/01 382628 $101.55 . 30529 GRIGGS, COOPER & C 6/12/01 562112 ($55.48) TOTAL FOR GRIGGS, COOPER & COMPANY $9,416.78 30530 HONEYWELL PROTECT LABOR TO CK REAR DR 6/12/01 572PS356 $95.00 TOTAL FOR HONEYWELL PROTECTION SERV $95.00 30531 INTELLIGENT PRODUC MUTT MITTS 6/12/01 CC3030 $182.Q7 TOTAL FOR INTELLIGENT PRODUCTS INC $182.07 30532 JOHNSON BROS L10U 6/12/01 1255939 $94.99 30532 JOHNSON BROS L10U 6/12/01 1255939 $1,012.76 30532 JOHNSON BROS L10U 6/12/01 1255940 $707.10 30532 JOHNSON BROS L10U 6/12/01 1255941 $459.00 30532 JOHNSON BROS L10U 6/12/01 1255942 $747.32 30532 JOHNSON BROS L10U 6/12/01 1255942 $536.91 30532 JOHNSON BROS L10U 6/12/01 1255944 $86.49 30532 JOHNSON BROS L10U 6/12/01 1255944 $133.90 30532 JOHNSON BROS L10U 6/12/01 1258539 $419.10 . 30532 JOHNSON BROS L10U 6/12/01 1258539 $2,160.01 30532 JOHNSON BROS L10U 6/12/01 1258540 $1,115.88 30532 JOHNSON BROS L10U 6/12/01 1258540 $1,194.86 30532 JOHNSON BROS L10U 6/12/01 1258542 $878.99 30532 JOHNSON BROS L10U 6/12/01 1258542 $442~25 30532 JOHNSON BROS L10U 6/12/01 159660 ($70.95) TOTAL FOR JOHNSON BROS LIQUOR CO. $9,918.61 30533 LAKELAND ENG EOUIP REBUILD KIT - SE WELL 6/12/01 12075725-01 $58.53 30533 LAKELAND ENG EOUIP REBUILD KIT SE WELL 6/12/01 12075725-02 $160.01 30533 LAKELAND ENG EOUIP REBUILD KIT FOR SE WELL 6/12/01 12075725-03 $156.66 TOTAL FOR LAKELAND ENG EQUIP CO $375.20 30534 LAKESHORE WEEKLY WINE TASTING ADS 6/12/01 00066004 $156.00 30534 LAKESHORE WEEKLY WINE TASTING ADS 6/12/01 00066004 $156.00 30534 LAKESHORE WEEKLY WINE TASTING ADS 6/12/01 00066004 $156.00 TOTAL FOR LAKESHORE WEEKLY NEWS $468.00 30535 MARK VII 6/12/01 278198 $487.55 30535 MARK VII 6/12/01 278199 $21.80 30535 MARK VII 6/12/01 278200 $22.00 Check # Vender Name Description Check Date Invoice # Amount 30535 MARK VII 6/12/01 278207 $2,258.10 30535 MARK VII 6/12/01 278208 $10.90 30535 MARK VII 6/12/01 278211 $509.40 30535 MARK VII 6/12/01 278212 $10.90 30535 MARK VII 6/12/01 280844 $3,638.26 30535 MARK VII 6/12/01 280845 $21.80 30535 MARK VII 6/12/01 280846 $44.00 30535 MARK VII 6/12/01 280854 $2,662.95 30535 MARK VII 6/12/01 280859 $15.20 30535 MARK VII 6/12/01 280859 $1,467.25 30535 MARK VII 6/12/01 280860 $43.55 TOTAL FOR MARK VII $11,213.66 30536 MARLIN'S TRUCKING 6/12/01 9311/9344 $56.70 30536 MARLIN'S TRUCKING 6/12/01 9311/9344 $56.70 30536 MARLIN'S TRUCKING 6/12/01 9312/9345 $85.50 30536 MARLIN'S TRUCKING 6/12/01 9312/9345 $85.50 30536 MARLIN'S TRUCKING 6/12/01 9313/9346 $36.45 30536 MARLIN'S TRUCKING 6/12/01 9313/9346 $36.45 TOTAL FOR MARLIN'S TRUCKING $357.30 . 30537 MINNEGASCO 6/12/01 $63.86 30537 MINNEGASCO 6/12/01 $143.37 30537 MINNEGASCO 6/12/01 $105.46 30537 MINNEGASCO 6/12/01 $9.59 30537 MINNEGASCO 6/12/01 $82.70 30537 MINNEGASCO 6/12/01 $24.50 30537 MINNEGASCO 6/12/01 $21.36 30537 MINNEGASCO 6/12/01 $14.29 30537 MINNEGASCO 6/12/01 $50.41 30537 MINNEGASCO 6/12/01 $15.87 TOTAL FOR MINNEGASCO $531.41 30538 MINNETONKA-CITY OF 2ND OTR WATER-5350 VINE HILL R 6/12/01 $47.80 30538 MINNETONKA-CITY OF 2ND OTR WATER-5366 VINE HILL R 6/12/01 $25.30 TOTAL FOR MINNETONKA-CITY OF $73.10 30539 MTI DISTRIBUTING CO SPANNERS 6/12/01 68969-00 $33.82 . TOTAL FOR MTI DISTRIBUTING COMPANY $33.82 30540 NORTH STAR ICE 6/12/01 07115205 $34.80 30540 NORTH STAR ICE 6/12/01 12115316 $37.80 TOTAL FOR NORTH STAR ICE $72.60 30541 PAUSTIS WINE COMPA 6/12/01 151727 $454.00 30541 PAUSTIS WINE COMPA 6/12/01 151728 $1,097.00 30541 PAUSTIS WINE COMPA 6/12/01 151729 $1,224.00 30541 PAUSTIS WINE COMPA 6/12/01 151774 $44.00 TOTAL FOR PAUSTIS WINE COMPANY $2,819.00 30543 PHILLIPS WINE & SPIRI 6/12/01 3239574 ($376.75) 30543 PHILLIPS WINE & SPIRI 6/12/01 3239575 ($45.50) 30543 PHILLIPS WINE & SPIRI 6/12/01 3239576 ($4.63) 30543 PHILLIPS WINE & SPIRI 6/12/01 3239577 ($5.61 ) 30543 PHILLIPS WINE & SPIRI 6/12/01 3239899 ($27.60) 30543 PHILLIPS WINE & SPIRI 6/12/01 3239900 ($33.45) 30543 PHILLIPS WINE & SPIRI 6/12/01 720987 $581.25 30543 PHILLIPS WINE & SPIRI 6/12/01 720987 $733.25 30543 PHILLIPS WINE & SPIRI 6/12/01 720988 $30.40 30543 PHILLIPS WINE & SPIRI 6/12/01 720989 $1,110.90 Check # Vender Name Description Check Date Invoice # Amomlt 30543 PHILLIPS WINE & SPIRI 6/12/01 720989 $1,329.21 30543 PHILLIPS WINE & SPIRI 6/12/01 720991 $148.75 30543 PHILLIPS WINE & SPIRI 6/12/01 720991 $568.50 30543 PHILLIPS WINE & SPIRI 6/12/01 721414 $218.40 30543 PHILLIPS WINE & SPIRI 6/12/01 721415 $252.00 30543 PHILLIPS WINE & SPIRI 6/12/01 723144 $416.55 30543 PHILLIPS WINE & SPIRI 6/12/01 723144 $42.50 30543 PHILLIPS WINE & SPIRI 6/12/01 723145 $583.80 30543 PHILLIPS WINE & SPIRI 6/12/01 723145 $618.15 30543 PHILLIPS WINE & SPIRI 6/12/01 723147 $51.40 30543 PHILLIPS WINE & SPIRI 6/12/01 723147 $425.75 30543 PHILLIPS WINE & SPIRI 6/12/01 723646 $60.00 30543 PHILLIPS WINE & SPIRI 6/12/01 723647 $60.00 TOTAL FOR PHILLIPS WINE & SPIRITS $6,737.27 30544 PRECISION DATA SYS CR CARD MACHINE INK 6/12/01 003982 $43.34 30544 PRECISION DATA SYS CR CARD MACHINE INK 6/12/01 003982 $43.33 30544 PRECISION DATA SYS CR CARD MACHINE INK 6/12/01 003982 $43.33 TOTAL FOR PRECISION DATA SYSTEMS INC $130.00 30545 SENIOR COMMUNITY S MAY CLEANING SVCS 6/12/01 $179.15 30545 SENIOR COMMUNITY S MAY CLEANING SVCS 6/12/01 $266.25 . TOTAL FOR SENIOR COMMUNITY SERVICES $445.40 30546 THORPE DISTRIBUTIN 6/12/01 227169 $48.85 30546 THORPE DISTRIBUTIN 6/12/01 227169 $2,096.65 30546 THORPE DISTRIBUTIN 6/12/01 227252 $46.15 30546 THORPE DISTRIBUTIN 6/12/01 227252 $1,061.50 30546 THORPE DISTRIBUTIN 6/12/01 227396 $110.30 30546 THORPE DISTRIBUTIN 6/12/01 227396 $3,010.05 30546 THORPE DISTRIBUTIN 6/12/01 227556 $475.65 TOTAL FOR THORPE DISTRIBUTING COMPA $6,849.15 30547 TRI COUNTY BEVERAG 6/12/01 87316 $64.00 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $64.00 30548 US FILTER DISTRIBUTI WATER MTRS/ETC 6/12/01 7401063 $1 ,411 .55 TOTAL FOR US FILTER DISTRIBUTION GROUP $1,411.55 30549 WASTE MANAGEMENT JUNE SVC 6/12/01 0133370-159 $100.41 30549 WASTE MANAGEMENT JUNE SVC 6/12/01 0133371-159 $119.61 . 30549 WASTE MANAGEMENT JUNE SVC 6/12/01 0133390-159 $63.27 TOTAL FOR WASTE MANAGEMENT $283.29 30550 WINE COMPANY (THE) 6/12/01 060060 $305.19 30550 WINE COMPANY (THE) 6/12/01 060065 $80.14 30550 WINE COMPANY (THE) 6/12/01 060066 $543.40 TOTAL FOR WINE COMPANY (THE) $928.73 30551 WINE MERCHANTS 6/12/01 42896 $430.00 30551 WINE MERCHANTS 6/12/01 42897 $430.00 30551 WINE MERCHANTS 6/12/01 42898 $215.00 TOTAL FOR WINE MERCHANTS $1,075.00 30552 XCEL ENERGY 6/12/01 0031-505-16 $117.43 30552 XCEL ENERGY 6/12/01 0114-707-26 $15.01 30552 XCEL ENERGY 6/12/01 0196-307-66 $462.72 30552 XCEL ENERGY 6/12/01 0198-28-365- $518.56 30552 XCEL ENERGY 6/12/01 0356-200-16 $21.61 30552 XCELENERGY 6/12/01 0727-302-66 $239.75 30552 XCEL ENERGY 6/12/01 1300-208-10 $84.64 30552 XCEL ENERGY 6/12/01 1477-205-46 $360.73 . . Check # Vender Name Description Check Date Invoice # Amount 30552 30552 30552 30552 30'552 30552 30552 XCELENERGY XCELENERGY XCEL ENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY 6/12/01 1692-607-26 6/12/01 1765-206-46 6/12/01 1966-609-83 6/12/01 2052-902-66 6/12/01 2164-107-16 6/12/01 2270-109-36 6/12/01 2486-903-26 $31.81 $38.05 $133.53 $13.88 $7.18 $382.56 $23.97 $2,451.43 $131,339.16 TOTAL FOR XCEL ENERGY TOTAL CHECKS PAY ABLES APPROVALS For 6/11/01 Council Meeting Prepared by: (l flfh~L t~ Catherine Elke, Sr. Accountant awson, City Administrator .,; Date: G--7--{)j .' Date: ~-7 -0/ Date:~'t77tJl . .. PAYROLL APPROVALS For 6/11/01 Council Meeting Prepared by: ~J7.1I11; C.&iL. Catherine Elke, Sr. Accountant Reviewed by&rn~.......l5rlA..Tfj7t I~.pate: ~, 7--tJ ) Bonnie Burton, Finance/Director Date: ~- 7-0 I . Date: cl/J'J,u I son, City Administrator . ~, \: . CITY OF SHOREWOOD i 5755 COUNTRY CLUB ROAD. SHoREwoqm, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewopd.mn.us' cityhall@cLshorewood.mn.us ! MEMORANDUM . TO: Mayor and City Council Larry Brown, Director of Public Works 1 rJt-/ Craig Dawson, City Administrator u;>" June 6, 2001 ~ DATE: FROM: RE: Shorewood Ponds Site Cleanup The Developer for the Shorewood Ponds Subdivision was served notice of the items found to be in violation with the Shorewood Ponds Subdivision, on May 22, 2001. Attachment 1 is the notice that was provided to Mr. Gleason.': This notice provided until May 31, 2001 to correct items found in violation of the development ~greement for the Shorewood Ponds Subdivision. If not all of the items have been corrected, a hearing is to be conducted to determine those items still found to be deficient and measures to be take~ to insure that such items are not to reoccur. i i i I Staff will be presenting a current status of the development at ~onday night's City Council meeting. . ft t.J PRINTED ON RECYCLED PAPER -:IF lP A . :J May 22,2001 CITY OF SHOREWOOD i 5755 COUNTRY CLUB ROAD. SHOREWOq>D, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.CLShOreWOrd.mn.US' cityhall@cLshorewood.mn.us . I Transmitted Via Certified Mail I i ! Mr. Bill Gleason, Sylvia Development, LP 8525 Edinbrook Crossing Brooklyn Park, MN 55443 RE: Written 10 Day Notice for Default of Contract Shorewood Ponds Development . Dear Mr. Gleason: In accordance with Section 35 Sub. (03) (a), this letter is to serve as written notice for Remedies of Default of the Development Agreement which was entered into by Sylvia Development, LP and the City of Shorewood for the Shorewood Ponds Development. Dated iOctober 28, 1999. On May 16, 2001 a site inspection was conducted to review site co~ditions as it relates to erosion controls, . general site conditions, and restoration measures required by said D~velopment Agreement. The following individuals were in attendance of that meeting: i Name Reoresentine . Bill Gleason Larry Brown Phil Tipka Sylvia Development City of Shorewood WSB and Associates, Inc. Review of the site indicated that the site was in violation of erosion ~ontrol measures, sedimentation on the roadways, and washing of berm, landscapes areas, and pond side-slopes. In accordance with the Development Agreement, Section 13 Grading. Drainage. and Erosion Controls states the following: "Developer at its expense shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork, or other such devices and practices, including seeding of graded ar~as, as necessary, to prevent washing, flooding, sedimentation and erosion of lands and streets withi* and outside the plat during all phases of construction, Developer shall keep all streets within and !adjoining the plat free of all dirt and debris resulting from construction therein by the Developer, it~ agents or assignees. " i ft t.J PRINTED ON RECYCLED PAPER Attachment 1 0" .. .. ". . "~ Mr. Bill Gleason Sylvia Development Corporation May 22, 2001 Page 2 of3 During site inspections, it was determined that the following items are! found to be in violation of the Development Agreement cited above, the Grading and Erosion Contrql Plans, and the Permit issued by the Minnehaha Creek Watershed District: i ! 1. 2. 3. -4. 7. - i i Silt fencing has not been installed behind the back of curb along Lots 6,7 & 8 of Block 2 for areas that have been graded and left exposed in excess of a four month titne period. Silt fencing has not been installed behind the back of curb adjacent Lots 14, 15 & 16 of Block 22 for areas that have been graded and left exposed in excess of a four month time period. Silt fencing has not been installed behind the back of curb adjacent Lot 28 of Block 2 for areas that have been graded and left exposed in excess of a four month time period. Silt fences have not been installed properly along Lots 5,8,9,12,13,16,17,20,21 & 24. All silt fences shall be anchored on the bottom edge. 5. Silt fences have deteriorated north of Lot 8 Block 2, and along both sides of the asphalt trail adjacent Lots 23 Block 2. . 6. The berm adjacent Lots 27,30,31,34,35,38 of Block 2 has not been stabilized. Erosion of the berm has silted in the ditch between the park property and the subject site, and has obstructed the storm sewer system in this area. The ditch is to be reestablish~d and sodded to insure stabilization. Similarly the berm is to be prepared, seeded, and mulched in i accordance to conditions of the permit issued by the Minnehaha Creek Watershed District. ! Side slopes for the NURP Pond have not been stabilized, and are eroding in to the available storage capacity of the pond. 8. Areas, which have not to received sod, have not been seeded and mulched in accordance to the permit issued by the Minnehaha Creek Watershed District, and Best Practices Manual. 9. Many sections of the tree protection fencing are in need of repair 10. All streets within the subdivision have silt and debris present. 11. Two rolls of sod have not been installed behind the back of curb as indicated in the Plans and Specifications for the project. 12. Tree protection fencing has been compromised in several area~ by building activities. 13. Rock construction entrances have not been installed on sites that have not had driveways installed. 14. The flow capacity of the storm sewer system has been compromised by erosion from the site. Mr. Bill Gleason Sylvia Development Corporation May 22, 2001 Page 3 of3 ~:.. 1 '* In accordance with the Development Agreement, these items are to be corrected within 10 days from the receipt of this letter. The City of Shorewood will give no additional notice. Correction of these items to bring the site back into compliance with the Development Agreemerit, Plans and Specifications, and Permit I issued by the Minnehaha Creek Watershed District must include the following: 1. Installation and inspection of all silt fences indicated in violat~ons 1 through 5 cited above; 2. Preparation, placement of topsoil, and seeding of areas disturbed by construction, including but not limited to, the berm and pond side slopes as cited in violations :6, 7, and 8 above. 3. Inspection and repair of all tree protection fencing for the site. 4. Installation of topsoil and two rolls of sod behind the curb in all areas that have not been stabilized. . 5. Placement of rock construction entrances to all sites where driveways have not been installed. 6. The storm sewer system shall be cleaned, as necessary, to restore the design capacity of the stormwater runoff system. Failure to correct these items by May 31, 2001 shall cause the City of Shorewood to draw upon the Letter of Credit No NAS377968 issued by Wells Fargo HSBC Trade Bank, N.A. In addition, in accordance with Section 35 Additional Remedies Sub. (03) c, a hearing will be scheduled in front of the Shorewood City Council for June 11, 2001 at the Shorewood Ci:ry Hall at 5755 Country Club Road, Shorewood, Minnesota at 7:30 p.m., to determine the Plan or PoHcy that has been violated, and what further action is to take place, in accordance with the Development Agreement. If you have any questions, please do not hesitate to contact me at i..952-474-3236 during normal business. hours. i Sincerely, d~#/Lv~5 -=~ i:;~wn, PE Director of Public Works cc: . Mayor and City Council Craig Dawson, City Administrator Brad Nielsen, Planning Director Tim Keane, City Attorney Bonnie Burton, Finance Director Alice Leung, Wells Fargo HSBCTrade Bank, NA . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDAY, JUNE 6 2001 \) ~\\~"\ 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. Present: Chair Bailey; Commissioners Borkon, Gagne, Packard, Pisula, White, and Woodruff; Council Liaison Lizee; and Planning Director Nielsen Absent: None APPROVAL OF MINUTES There were no minutes for approval this evening. 1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT Applicant: M.J. McGregor, Kuempel Chime Clocks and Studio Location: 21195 Minnetonka Boulevard Chair Bailey reviewed the procedures used in a Public Hearing and noted items approved this evening would appear on the June 11, 2001, Regular City Council Meeting Agenda for consideration. Director Nielsen explained Kuempel Chime Clocks and Studio had been granted a Conditional Use Permit as an art studio in 1978. The business makes and sells grandfather clocks and clock kits. In 1988, the property was placed in the R-C, Residential/Commercial zoning district. This type of district serves as a transitional zoning district between higher intensity land uses or busy roadways and lower intensity residential uses. The 1988 rezoning included a revision to the original Conditional Use Permit. Because the owners now proposed scaling back the clockworks operation and leasing some of their space to another business, somewhat different from the clockworks, a revision to the current Conditional Use Permit was necessitated. Mr. Mike Moore, owner of Energy Controls, Inc., proposed occupying 2400 square feet at the back of the existing building, previously used by Kuempel Chime Clocks as a wood shop area. In addition, the property owner would continue to store personal and business related items on site. Director Nielsen further explained the property did not comply with R-C setbacks in the front and in the rear of the building. Also, there were nonconformities noted with parking on site. These deficiencies were noted as part of previous Conditional Use permits and were not deemed problematic at this time. However, it was recommended parking be monitored for two years, and should any problems arise, the property owner would be required to revise the parking layout for the site. Director Nielsen also noted he had visited the current business location of Energy Controls, Inc., and found the business to be consistent with the intent of the R-C district. Also, he requested a signage plan be submitted. Ms. Mary Jane McGregor, owner of Kuempel Chime Clocks and Studio, was in attendance, and offered to answer any questions. Mr. Mike Moore, owner of Energy Controls, Inc., was also in attendance, and stated he thought his business would make a good "fit" with the Clockworks. He stated he had four employees, no retail service or semi deliveries, and generally his business was a quiet one. Mr. Andre Boon, 4930 Ferncroft Drive, stated he owned the property immediately behind the Clockworks building. He was concerned with the potential decrease in his property value as a result of additional businesses on the Clockworks property, issues related to parking, a potential increase in Planning Commission Meeting Minutes June 6 2001 Page 2 of 5 traffic, as well as the storage of vehicles on site. He stated it was his understanding the storage of cars on site was not allowed. Mr. Konrad Wurm, 6185 Cardinal Drive, inquired about the use of the space to be occupied by Energy Controls, Inc. Mr. Moore explained he made training videos regarding heating and cooling equipment, only occasional repairs to those types of materials, and no manufacturing would take place on the site. Chair Bailey closed the public testimony portion of the Public Hearing at 7: 17 P.M. Director Nielsen, in response to Commissioner Gagne's question, confirmed the original Conditional Use Permit allowed the storage of personal items on site. Commissioner Packard questioned whether the cars would be moving in and out of the building as part of their use. Ms. McGregor responded the cars were specially licensed for parades, and had not been out for use in approximately three years. Director Nielsen commented Mr. Boon had cited information disallowing the outdoor storage of vehicles on a site such as this one. However, these cars were stored indoors which was allowed under ordinance. Ms. McGregor also commented the materials currently stored outside was owned by another . and would be removed soon. Commissioner Borkon questioned the need for a Conditional Use Permit in this Residential/Commercial district. Director Nielsen explained offices were considered Conditional Uses in a district such as this one. Commissioner Borkon also questioned whether he believed additional businesses would cause a decrease in property values in that area. He responded he did not believe it would as the Clockworks business had been there prior to a number of subdivisions being built recently in that area. Commissioner Woodruff questioned other uses in the Residential/Commercial district. Director Nielsen explained this to be the only Commercial use in the area. Commissioner Packard asked if there was any buffer between the Kuempel Chime Clocks and Studio and the property behind it. Director Nielsen stated trees had been planted, rather than utilizing fencing, at the request of the owner behind the Kuempel property. Chair Bailey voiced concern for Mr. Boon's issue of increased traffic. Director Nielsen stated he believed traffic would actually decrease. Also, there had not been any complaints received in the past regarding noise and dust associated with the present business. Since that space and use would be decreasing, he did not believe it would be an issue in the future. Commissioner Borkon stated while she saw no problems with future use of the site, she was concerned the neighbors were uncomfortable, and suggested Kuempel Chime Clocks and Studio should continue to work with the surrounding neighbors to ensure accurate communication took place. Borkon moved, Gagne seconded, approving the Conditional Use Permit Amendment, subject to staff recommendations, for M.J. McGregor, Kuempel Chime Clocks and Studio, 21195 Minnetonka Boulevard. Motion passed 7/0. . . . Planning Commission Meeting Minutes June 6 2001 Page 3 of 5 2. 715 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT ADDlicant: Minnewashta Church Location: 26710 W. 620d Street Director Nielsen reviewed historical information related to this request, noting the Minnewashta Church had been granted a Conditional Use Permit to construct a new building in 1993. Originally, the site plan included a detached, two-stall garage located to the north east of the main building. Since that garage was never built, and the Church proposed building a slightly larger three-stall garage, a revision to the Conditional Use Permit became necessary. The proposed building would not compromise parking on the site, and the existing trash facility would be relocated to the northernmost corner of the parking lot. Director Nielsen recommended the easterly ninety feet of the site be legally combined with the remainder of the church property, and the trash facilities be housed in a masonry enclosure. Mr. Marlow Peterson, 1180 Pleasant View Road, and Mr. Bob Costalano, Chairman of the Trustees of the Church and residing at 5900 Afton Road, were in attendance and offered to answer questions for the Planning Commission. Director Nielsen explained, in response to Chair Bailey's question, that the original Conditional Use Permit indicated future plans for classrooms that would require an additional Conditional Use Permit when ready to build. Chair Bailey closed the public testimony portion of the Public Hearing at 7:34 P.M. Commissioner Packard commented she hoped the garage would be in the same architectural style as the church as she really liked that look. Packard moved, Borkon seconded, approving the Conditional Use Permit, subject to legal combination of the two parcels and a trash enclosure being provided, for Minnewashta Church, 26710 West 620d Street. Motion passed 7/0. 3. 7:30 P.M. PUBLIC HEARING-C.U.P. FOR ACCESSORY SPACE OVER 1200 SO FT ADDlicant: Richard Penn Location: 27825 Brynmawr Place Director Nielsen provided background information pertaining to this request. Specifically, he explained Mr. Penn proposed building a two-level addition on the rear of the existing garage. Since the total square footage for the garage and existing garage would be greater than 1200 square feet, a Conditional Use Permit was requested. Director Nielsen then discussed how this request complied with current zoning code criteria. He reported this request seemed to satisfy required criteria, however, since the west side of the proposed garage would be over forty feet in length, it was recommended additional landscaping be utilized. Mr. Penn addressed the Commission this evening explaining he had revised the proposed plans. He explained he would need to eliminate the door to the lower level storage area of the proposed garage due to cost. The lower level storage space would then become footings for the new garage. The existing grade would be maintained and would come straight across the back of the garage. This would also reduce the total square footage for accessory space to slightly less than 1400 square feet. Chair Bailey closed the public testimony portion of the Public Hearing at 7:43 P.M. Pisula moved, Woodruff seconded, approving the Conditional Use Permit, subject to staff recommendations and the verbal discussion at this meeting by Mr. Penn of the revisions to his original proposal. Motion passed 7/0. Planning Commission Meeting Minutes June 6 2001 Page 4 of 5 4. 7:45 P.M. PUBLIC HEARING-C.U.P. FOR ACCESSORY SPACE OVER 1200 SO FT ADDlicant: Brian Zeglen Location: 5960 Afton Road Director Nielsen reviewed background pertaining to this matter. He noted Mr. Zeglen proposed converting an existing single-car attached garage into living space and building a new detached garage to the south of the house. This new detached garage would be 10 feet from the side lot line and approximately 140 feet from the rear lot line. Since the home and attached garage as well as the new detached garage and a utility shed on site totaled approximately 1328 square feet, a Conditional Use Permit was requested. In analyzing the request, Director Nielsen recommended, the existing driveway, currently in noncompliance with the five-foot setback requirement, be corrected with construction of the new driveway. Also, since the proposed building would be located only ten feet from the side lot line, at least four arborvitae should be used to make up the mass of the building. If the garage were to be moved over another five feet, at least two conifers could be used. Specifically, it was recommended the driveway nonconformity be corrected no later than September 30, 2001. Also, a wall must replace the overhead door on the existing garage by the time a framing . inspection for the new garage was requested. In addition, the applicant must provide a bid for proposed landscaping. Prom the bid, a letter of credit or cash escrow for one and one half times the amount of the work must be submitted with the building permit application. The trees should be planted no later than September 30, 2001. Mr. Brian Zeglen was In attendance and stated he was III agreement with all recommendations suggested by staff. Chair Bailey closed the public testimony portion of the Public Hearing at 7:50 P.M. Commissioner Woodruff questioned the use of the new garage and expressed concern for the beautiful trees being removed as part of this project. Mr. Zeglen responded the garage use would not be atypical, and he would like to move the trees as long as they would fit under the overhead power lines running through his backyard. He also noted he was moving the garage to its proposed location in an effort to keep a lar-ge tree in his yard. Chair Bailey stated he had concerns regarding the impact on neighbors' line of view. Mr. Zeglen responded the neighbors were aware of this proposal and had not come forward with any concerns at this time. . Woodruff moved, Gagne seconded, approving the Conditional Use Permit, subject to staff recommendations, for Brian Zeglen, 5960 Afton Road. Motion passed 7/0. 5. PUBLIC HEARING - PRELIMINARY PLAT - APPLE RIDGE ADDlicant: Roy Lecy Location: 6185 Apple Road Director Nielsen explained the applicant had requested this matter be continued to the July 3, 2001, Planning Commission Meeting as he planned to submit a second application at that time for the site. Mr. Jeff Johnson, 1512 Knob Hill Lane, expressed concerns regarding the driveway to the existing home on the property. ~ . . Planning Commission Meeting Minutes June 6 2001 Page 5 of 5 Mr. Basim Sabre, 6125 Apple Road, requested staff consider various options for the driveway being proposed as part of this plat. Borkon moved, Woodruff seconded, continuing this matter to the July 3, 2001, Planning Commission Meeting. Motion passed 7/0. 6. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 7. DRAFT NEXT MEETING AGENDA The Agenda for the June 19, 2001, Planning Commission Meeting included a study session regarding organized refuse collection, planning districts, a new work program schedule, review of the Comprehensive Plan for the redevelopment of the County Road 19/Country Club Roadl Smithtown Road intersection, and a discussion on ordinances related to right-of-way issues. Commissioner Gagne initiated a brief discussion regarding safety concerns and options for Lake Linden Drive. Borkon moved, Gagne seconded, recommending to City Council that the Planning Commission be directed to hold an Open House regarding options and potential solutions to improve public safety on Lake Linden Drive. Motion passed 7/0. 8. REPORTS Chair Bailey reported on matters considered and actions taken at the May 29, 2001, Regular City Council Meeting (as detailed in the minutes of that meeting). Commissioner Woodruff reported on the Land Conservation and Environmental Committee Meeting of May 22, 2001. She reported 254 compost bins had been passed out to interested residents. Also, in the next two years, the Minnehaha Creek Watershed District was mapping every wetland in the district over a quarter acre. She stated she believed this to be a tremendous planning tool capable of providing in depth analysis on wetland issues. 9. ADJOURNMENT Woodruff moved, Gagne seconded, adjourning the June 6, 2001, Planning Commission Meeting at 8:30 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary SHOREWOOD PLANNING COMMISSION FINDINGS OF FACT REGARDING JAMES RUSSELL APPEAL WHEREAS, James Russell (Appellant) desires to repair the damaged roof and replace the existing foundation on the cabin located at 26080 Birch Bluff Road in the City of Shorewood; and . WHEREAS, the Zoning Administrator for the City of Shorewood advised the Appellant that he would need to obtain a setback variance in order to replace the existing foundation on the cabin; and WHEREAS, the Appellant filed an application appealing the Zoning Administrator's interpretation of the Shorewood Zoning Code, which determined that a variance was necessary; and . WHEREAS, the Appellant's application was reviewed by the Zoning Administrator and his recommendations have been set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 1 March 2001; and WHEREAS, a public hearing was held and the Appellant's application for an appeal was reviewed by the Planning Commission on 6 March 2001, and, after deliberation, the Planning Commission recommended denial of the Appellant's appeal; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Shorewood as follows: . FINDINGS OF FACT . 1. The Appellant's property is located in an R-1C/S, Single-Family ResidentiallShoreland zoning district which requires a 35-foot front yard setback, a 35-foot setback on the side yard abutting the Third Street right-of-way, a lO-foot side yard setback on the east side of the lot and a 50-foot setback from the ordinary high water level of Lake Minnetonka. 2. The Appellant's existing cabin encroaches into the 35-foot setback from the Third Street right-of-way, constituting a nonconforming structure in the R-1C/S zoning district. 3. The Appellant proposes to raise the existing cabin from its current foundation and. replace the old foundation with a new one. 4. The Shorewood Zoning Code imposes restrictions on the enlargement, extension, or structural alteration of nonconforming structures. 5. It is physically possible to move the nonconforming structure so as to minimize the existing nonconformity. =II~A CONCLUSIONS 1. The Planning Commission has determined that the repl~cement of the existing foundation does not constitute a simple repair, but significant structural alteration. 2. The Planning Commission has determined that the livability of the nonconforming structure could be improved without replacing the existing foundation. 3. The Planning Commission agrees with the interpretation of the Zoning Administrator and that the Appellant must obtain a variance in order to replace the existing foundation. 4. The Planning Commission recommends to the City Council that the Appellant's appeal be denied. ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SHOREWOOD this 20th day of March, 200.1. Respectfully submitted Jeff Bailey, Chair -2- . . ( 15.13) 20.00 SET BACK 46.14 WIDTH OF HOUSE AS VIEWED FROM STREET < 15.38 Y, \ \ \ \ \ \ \ \ \ ~~II kl1i~& Apfeal O~. )1.0) \ \ .",~ 19.00 20.00 SET BACK 54.47 WIDTH WHEN VIEWED FROM STREET \ \ \ , \ \ .\ \ \ \ \ R~~5eIJ b\1jV\~Aete~ O~.1I.0\ 10.00 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO BRIAN ZEGLEN WHEREAS, Brian Zeglan (Applicant) is the owner of real property located at 5960 Afton Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 4, Block 2, Afton Meadows, Hennepin County"; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1328 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 May 2001, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 11 June 2001, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total area of accessory space (1328 square feet) does not exceed the floor area above grade of the principal structure (1341 square feet). 2. That the Applicant's lot contains approximately 58,700 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-IA Zoning District in which it is located (4,000 square feet). 3. That design and materials of the garage are compatible with the architectural character of the existing home. -1- 4f>f; 4. That the proposed garage complies with all setback requirements for the R-IA District. CONCLUSION 1. That the application of Brian Zeglen for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. The proposed garage will be used strictly for purposes of a residential nature. b. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. c. The Applicant shall submit a landscape plan for the building: (1) The Applicant shall submit the landscape plan with his application for a building permit. (2) The plan shall include at least four Arborvitae trees on the east side of the building. (3) The Applicant shall submit a bid for the proposed landscaping, from which the City shall require a letter of credit or cash escrow for one and one-half times the amount of the bid to ensure that the trees survive for two growing seasons. (4) The trees shall be planted no later than 30 September 2001. . d. The overhead door on the existing garage must be replaced by a wall by the time a framing inspection for the new garage is required. 3. That the City Administrator/Clerk is hereby authorized and directed to provide . a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of June 2001. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY CLERKlADMINISTRA TOR -2- . " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 May 2001 . RE: Zeglen, Brian - C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (01.09) BACKGROUND Mr. Brian Zeglen has applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 5960 AftonRoad (see Site Location map - Exhibit A, attached). Mr. Zeglen proposes to convert an existing single-car, attached garage on the property into living space, and then build a new detached garage to the south of the house. Since the area of the garage, combined with a small utility shed on the site, exceeds 1200 square feet, a c.u.P. is required. . The property is zoned R-IA, Single-Family Residential and contains 58,700 square feet in area. As shown on Exhibit B the site is occupied by the owner's home and attached garage, and an 8' x 16' shed. The new garage contains 1200 squareJeet. Combined with the utility shed, the amount of accessory space on the site will total 1328 square feet. The proposed garage will be on the south side of the existing home, ten feet from the side lot line and garage and approximately 140 feet from the rear lot line. Plans for the new garage are illustrated on Exhibit C, attached. The existing home contains 1005 square feet of floor area. Converting the existing attached garage to living space will add another 336 square feet for a total of 1341 square feet. The photo on Exhibit D illustrates the architectural character of the existing home. ANAL YSIS/RECOMMENDA TION Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional n '.J PRINTED ON RECYCLED PAPER #-~!3 Memorandum Re: Zeg1en CUP 30 May March 2001 use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: a. The total area of accessory buildings (1328 square feet) does not exceed the proposed floor area (1341 square feet) above grade ofthe existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-1Azoning district (.10 x 40,000 = 4000 square feet). . c. The proposed garage complies with R-1A setback requirements. Given the size of the proposed structure, the City may wish to require some additional landscaping, especially on the east side of the building. Since the proposed building is located only 10 feet from the side lot line, it is recommended that some sort of tall Arborvitae (at least four) be used to break up the mass of the building. If the garage were moved over another five feet, some other specie of conifer (at least two) could be used. Trees should be at least six feet in height. It is W0l1h noting that the existing driveway does not comply with the five-foot setback requirement. This should be corrected with the construction of the new driveway, which also must be five feet from the property line. d. The architectural character of the new building will be the same as the existing house. Siding and roofing will match the house. Based upon the preceding analysis, it is recommended that the applicant's request for a . conditional use permit be granted, subject to the following: 1. The driveway nonconformity must be corrected no later than 30 September 2001. 2. The overhead door on the existing garage must be replaced by a wall by the time a . framing inspection for the new garage is requested. 3. The applicant must provide a bid for proposed landscaping. From the bid a letter of credit or cash escrow for one and one half times the amount of the work must be submitted with the building permit application. The trees should be planted no later than 30 September of this year. cc: Craig W. Dawson(!) Tim Keane Joe pazandak Brian Zeglen -2- r'_J '" ,\, ,\, J. ,\, oJ. ,\, ,\, J. J. oJ. oJ. ,\, 1. M RSH PDINTE COURT J. 2. M RSH POINTE CIRCLE (jJ. C7 oJ. J. oJ. RD CITY OF VICTORIA 62ND ST W 700 1- o 700 Feet 1 ~ N Exhibit A SITE LOCATION Zeglen C.U.P. for Accessory Space I -I ~ltnT1'HLlri; lfl'rtiftrutl' t/. I / / 0 I 5'j~C) a~ ~'--- (; STATE f~URVEYING COMPANY TELEPHONE 927 - 8953 el28 W€:ST 5JRC' STREET I.lINNEAPOl!S .9. MINNESOi,:. \~ \~ \C>> _ ~ -:9 ~ .,.:>0.. O...-y /i'd,4 L) . H ~ ~d / /~a/,:f - ........--------,- ..-- "'- ~ -.r__ ..,> .e;>'...._: . ~ -.'. /' t/ / \0;" / ~~1,1 / // / .. i / ~1 / 0 \. / ~ / ;/ ~, . ~"~"'" 4_)] ~ . \L/d P=~"!I~ == ~:==- ! .' - ....,2j/.,. '.... '..'. ", ..... " I ' I I I hereby certify that this is a true and correct representation of a survey ,f the boundaries of: Lot 4, Block 2, AFrON MEADOWS, Hennepin County, 'innesota, and of the location of all bWildings, if any, thereon and all ,1 sible encroaChments, if any, from or on said land. Subject to restrictions, :eservations and easements of record, if any. s surveyed by me this 30th day of March, 1965. ~ ~~~ Minnesota RegistratI Exhibit B PROPERTY SURVEY Zeglen C. U.P. 1 I I I i i I I I ~esi9n # 48219 ~ 4/26/2001 "*** Take this sheet to the Building Materials counter to purchase your materials. *** You selectf~ a 9ar~ge with these options: 30. Wide x;8a' Deep X tj High . Gable roof VI/ 4/12 pitch truss construction. 2411 gable/24l1eave overhangs. 7/1611 OSB Wall Sheathing. 1/211 OSB Roof Sheathing. 1211 Tenured Hardboard Lap Siding. 25 yr. Supreme, Chapel Gray Shingles. White Vinyl Soffit & Fascia. ~hite Aluminum Regular Roof Edge. White vinyl overhead door jamb. Front View Back View . T odayls cost for materials estimated in this design: Base garage Vlithout options: *The base price includes: a" Eave/all S.ble Overhangs, ~ 7/16 OBS Roof Sheathing, 20 yr. Fiberglass Classic - 0 x Exhibit C Pine Fascia, S.lvanized Regular Roof Edge, 8" Textured en PROPOSED GARAGE No Service Doors, No Overhead Doors, No Windows, or Any' 'p.... ... ~ . Exhibit D EXISTING HOUSE CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO RICHARD PENN WHEREAS, Richard Penn (Applicant) is the owner of real property located at 27825 Brynmawr Place, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lot 9, Block 1, Brynmawr Place, Hennepin County, Minnesota"; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an addition to his existing attached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1494 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 May 2001, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2001, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 11 June 2001, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total area of accessory space (1394 square feet) does not exceed the floor area above grade of the principal structure (2830 square feet). 2. That the Applicant's lot contains approximately 55,347 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-1A Zoning District in which it is located (4,000 square feet). 3. That design and materials of the garage are compatible with the architectural character of the existing home. -1- #"80 4. That the proposed garage complies with all setback requirements for the R-1A District. CONCLUSION 1. That the application of Richard Penn for a Conditional Use Pelmit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. The proposed garage will be used strictly for purposes of a residential nature. b. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. c. The Applicant shall submit a landscape plan for the building: . (1) The Applicant shall submit the landscape plan with his application for a building permit, subject to approval by the Zoning Administrator. (2) The plan shall include at least two evergreen trees on the west side of the building. (3) The Applicant shall submit a bid for the proposed landscaping, from which the City shall require a letter of credit or cash escrow for one and one-half times the amount of the bid to ensure that the trees survive for two growing seasons. (4) The trees shall be planted no later than 30 September 2001. 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar ~~. . ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11 th day of June 2001. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR -2- . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . RE: Penn, Richard - C .U.P for Accessory Space in Excess of 1200 Square Feet DATE: 30 May 2001 FILE NO.: 405 (01.08) BACKGROUND . Mr. Richard Penn owns the house at 27825 Brynmawr Place (see Site Location map ~ Exhibit A, attached). He proposes to build a two-level addition on the rear of the existing garage. Since the garage for the home, plus and existing gazebo on the property, will be greater than 1200 square feet in area, Mr. Penn has requested a conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is zoned R-lA, Single-Family Residential and contains approximately 55,347 square feet in area. As shown on Exhibit B the existing garage extends from the west end of the home and has 858 square feet of floor area. A 9' x 12' room on the back of the garage will be removed, bringing the area of the garage to 750 square feet. The garage addition contains 440 square feet of area on each of two levels (see Exhibit C). As proposed the total area of accessory space, including a 196 square foot gazebo, will be 1934 square feet. The proposed home contains 1562 square feet of floor area on the main level with another 1268 square feet on the second floor. Exhibit D shows the front elevation of the home and existing garage. ANAL YSIS/RECOMMENDA TION Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: n ~J PRINTED ON RECYCLED PAPER #-~C Memorandum Re: Penn Conditional Use Permit 30 May 2001 a. The total area of accessory buildings (1934 square feet) does not exceed the floor area (2830 square feet) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-lA zoning district (.10 x 40,000 = 4000 square feet). c. The proposed house and garage comply with R-IA setback requirements. The addition will be approximately 30 feet from the side lot line (10 feet is required) and approximately 250 feet from the rear lot line (50 feet is required). The applicant's plans show proposed hard cover at 12 percent. . d. Since the new garage is an integral part of the proposed house, architectural compatibility is not considered to be an issue. It should be noted that only a small portion of the lower level of the garage addition will be visible from the south. The doors for that level are only five feet wide. Since the west side of the garage will be over 40 feet long, the City may wish to require some additional landscaping to break up the mass of the building as viewed from the west. It is recommended that at least two, six-foot high conifers be located to the west of the garage. . Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted, subject to the applicant planting two conifer trees on the west end of the structure. Upon application for a building permit, the applicant should submit a bid for the landscape work and a letter of credit or cash escrow for one and one half times the amount of the bid. The trees should be planted no later than September of this year. Cc: Craig Dawson (\~ Tim Keane VY Joe Pazandak Richard Penn -2- LAKE MINNETONKA . :: MINNETONKA . .\. .\. .\. HTOWN BAY CITY OF VICTORIA 00 [ o 600 Feet J IJ. N Exhibit A SITE LOCATION Penn C.D.P. for Accessory Space . NORTH 'tl . Pt'Of~~ ~r~~ ~\l\;oV\?~ "J'i. I Ii. I i I" I I~ II I / ----r I I I I / I I 0J I / "1 I I "'.... I / a.~~ I / di'l I I / I I I II I I I> rl --------------_.J I . /3": I I I I I I / I / I I I I I I I I I I I l, I , ~' ", ( ..................- - --- --.., . 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' r -t'1 l.... ,. f ..' I \. I I. . I I t "'J''\ 5""t'.... ...'. *"", -'0'1 t....' 1..4 ...j '........-1 ...., ~: "):,.,.'.:"'--.-t:i'"._,',,~,_,,~,, -,", J ,!':-.i: ~ 'f ; .i l.''''''''l!;,~;'':l t"'f)"{ hI' I,,; i-fh HI'; '.'r '}.i'f~f 1:'1"[,,'('" f"'if~l tfi-'i ;'1 !'i l_t.. r' ,.,.."., ..1..../ --I.. ../".L ."." ..... l""l~. ..... ,. .. ,,"\, ,:~1": ~ -,.:' ,; t+ : ': T ':,. "l 'f'" I .&,~t.t'"f";-t."" ... ;. ',,; I..., ." i", ",i I. i i I I . ! r 1 I i I i f i . ; /. i. I j i I 1 i. t j ,. i I i i r ! : i .i. J , ! I I ../. I 1 ) I I i I ! I ! I r I , .g 4- .- ~ 't\ Exhibit C SIDE ELEV A TION - WEST Penn C.D.P, "~,""',"'".'" . . .'. . ~!V e::.,. ~l-CV~-! fON ~Il :;::. 1'-0'. .......... . . .~:;r;~:L.,~.~;~^1.~ .' . ::~;~~!,;,f;,y'~T'lON ';q"';;j::;tl;::;'~.:~!t~;,~.~;~.i.;~",~..' . ..... .;.: ::~~. .", ,-', . '. ,r ":~. .. "~', ,-~ . "",: ..... ".;~ ..<'::';; Exhibit D REAR ELEVATION - SOUTH Penn C.U.P. ";-'. '. ,"', , " . .:......-;,...: I 'l r I I i 'f' I I J. 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',. ~,' II \I L ~i~:r) , o~ - .-- :---~~~. ~&::u: 1101 .. ./.:~.~;~~t.p :~j;;!. .:~~1l'$i~\ool'1~-r: .~~~~~~~!:'! --~.:..rgQf.!t:~~i1QtJ .: . . . -. ...__..~.;.~~~.. ''" . . RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE MINNEW ASHTA CHURCH WHEREAS, the Minnewashta Church (Applicant) is the owner of real property located at 2671 0 West 62nd Street in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant has applied for a conditional use permit to build a three-stall storage garage to house its maintenance equipment; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 May 2001, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit was. considered by the City Council at their regular meeting on 11 June 2001, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-ID, Single-Family Residential zoning district. 2. That the Applicant proposes to build a single-story garage measuring 24' x 36'. 3. That the City Zoning Code requires a 30-foot front yard setback and 20- foot side yard sethack for church buildings. 4. That the proposed building is 245 feet from the right-of-way of West 62nd Street and 20 feet from the west lot line of the site. 5. That the proposed location of the garage is north and east of the existing church building and will be screened from the view of nearby residences by an existing fence. -1- -:#f>D 6. That the garage neither takes up existing parking on the site nor necessitates additional parking space. 7. That trash facilities for the site will be relocated to the northerly end of the existing parking lot. CONCLUSIONS A. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to: 1. The Applicant must legally combine the two parcels on which the church is currently located. 2. The trash facilities must be located within a masonry enclosure with a concrete pad. Plans for such enclosure shall be submitted with the building permit for the new garage, and the enclosure shall be completed prior to the required framing inspection for the garage. B. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 th day of June 2001. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR -2- F . . ~ . .. . . , .. LEGAL D:ESCR,IPTION OF. ..PREMISES SURYEYED:: seginnin'g ~t. a.poiri:tC?n th'~ .S?uth.)..in~ of 'th~ S9utheast 'Q\lar-. . ter .ot: the SouthweS~ Qua.rt~1; 'o~ .S~cti9n 32, Township '117. . No~th.t .'.Range .23 .'wasft;. o'f :thE( 5t:h ";P~t~cipal Meridian ,dIstant 85.9 f'eetW~st, a$: m~9-sure'd. along .$,a!d. South. line ~. fro~ t;he . Southeast' .:coiner of said 's'outllea.s't':(ltl'arter o.f dle Southwest . '. Quar1;.er; :thenc~ We~t a-iqng s:iii~' .S.o\ith' ~ine to. it;$ int~~:i-' . sec.tlon .wi th ..the $'o.1;;Ithea~~:e:r;ly.' ::r:.igl;it;";;Of .:.w.ay. ..li:,I'l.e of" .:t1)~ . . f.te.nn.ep~ri c.ciuf:tt.y' Reg i~on'a:l ~'aili;o~:d:-~.uthq'li'i-t.Y.. '(~ormerly ~be' :. Mi.ri-niaa'p'olis: and. :6t. .Lqui S' ~.,:Hl:wa:yJ i' .tneric'!a. ~'~:n.t:b.e:a's:'t?erly' . '..:a~6ng ..~a~d SOU~.rl~ast~rty ..r~'9ht-:o'.f""r'~~Y' line .~. 8:'i$:tanCE; .of . '..6'2?'.::f~~~t. tnE?-n'ce. .:Squtherly. -t'o t.he "P?,i.:n.t 9.1;: he'g~;~:niI;lt:1.. '. . '. '. A~$O ~ '..:':.. ". ... . . . ,~~:..1., ;'~~~~NE~~S~-:r:1\~t~. .,': .... Exhibit A ... . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www,ci.shorewood.mn.us' cityhall@ci.shorewood.mn,us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 30 May 2001 RE: Minnewashta Church - Revised Conditional Use Permit FILE NO.: 405 (01.10) In 1993 the Minnewashta Church was granted a conditional use permit to construct a new building at 26710 West 62nd Street (see Site Location map - Exhibit A, attached). The original site plan included a detached two-stall garage located to the north of the main building. The garage was never built, and representatives of the Church have decided to build a slightly larger, three-stall garage as shown on Exhibits Band C. As shown on Exhibit C, the garage is a simple gable roof structure with three overhead doors facing the parking lot. It is less than 15 feet high, which is the maximum height for accessory buildings. . The larger building (24' x 36') is able to fit by relocating the existing trash facility to the northernmost corner of the parking lot. The proposed building does not compromise parking on the site. In the review of this request it came to staff's attention that the easterly 90 feet of the site exists as a separate parcel of land. Approval of the C.U.P. revision should be subject to the two parcels of land being legally combined. Also, the trash facilities should be housed in a masonry enclosure. Subject to these two conditions, approval of the revised C.U.P. is recommended. Cc: Craig Dawson Larry Brown Joe Pazandak. M. E. Peterson n '-.1 PRINTED ON RECYCLED PAPER ::Ii gD . ~t '" .. .. .. .. .. .. .. .. .lo .. .lo .lo .lo \ .lo ~ \~~\ 1. M RSH PDINTE COURT a ~ f1\ 2. M RSH POINTE CIRCLE.lo ~ () .lo '9. ~ '. c7.' ~ I--- .lo .,..--- J: tl~ ~~ ~ "-- M~N~ / #~ l// ~~~~ STRA~B RRY~ / -. ~ ~ ~ I~IR ~ ~ ~ J c MPLE ~ ~ . / 'L VE ~ ~ O,",I~I' J':> :> 0 :f ~ ubje L ;:;; ~ ""'r''' ..".. 18 t ro ~ ~I -r= i -5 I I *- Ii ~A LFF f o g m 5Mr~N RD r-- ~ I .lo ~~ ) R \.lo .. .lo 0 -1 ITrcl--- __/ 2 r-I m DGE LJ _ ~ rn~ \ '-- ~ I"'" I-- :YERY ~j r:r B UE A o ~ RD ^- I \ - ) M::fk RIDE ~ ~I~ ~ ;~CIlY C F SHOREVVOOD ..---J EV RL~ DRI .- ,/ I ~ IIA CITY OF VICTORIA 62ND ST W 1000 L.....- o 1 000 Feet I ~ N Exhibit A SITE LOCATION Minnewashta Church - Revised Conditional Use Pelmit ,~ J .... ~. <,1 ~of~L~ r ...e... . ,.' ".' /. /.. " .." ",. ,~/.... ./,. " ' ,/ ". ,/ . .t. .' . ~ -.'- r - -\ .. ....:.0";. ., ._ (I ,'-....... " ~..... (,,,,,,,,- /. "'.. c ", ....~ ."":",=" .~.; . /', ',::r~e-~.' ~ . ~ (.~'- \~ J '. -r - .=:.7---r:~" . .. I /::...~) _':::::.......__:.. \" j. . .I~ ..._ J' .. 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I'" ____-L ~_ __::J_ -_ -.l- [~,--- -T. -r- ----~, - ----- ~=-c- =-- --'--- __L. _ __ =J-.- .__ ___j__L '''',...-. ....... ..~--. -"-1"--' '-.-. -- .---- - Exhibit C ~~ _ --t--.---. ____ ---1- __'u ....-j-...----.- ---. .-1-- GARAGE ELEVATION I . .__H'__' _....1____.._ --._. __._ ___ .._. --..1.--. -c---l 1 -+ I I I 1 1- --,.. I ,-----r-" -... . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A COMMERCIAL OFFICE USE IN THE KUEMPEL CHIME CLOCK BUILDNG . WHEREAS, Mary jean McGregor (Applicant) has an interest in certain real property located at 21193 Minnetonka Boulevard in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lots 13, 14, 15, 16 and the south 10.00 feet of Lot 17, Minnetonka Manor, according to the plat thereof'; and WHEREAS, the Applicant proposes to lease space within the existing building for an office and instructional video studio; and WHEREAS, the existing Kuempel Chime Clock business operates under conditional use permits which were issued by the City of Shorewood in Council Resolutions 47-78, 157-88, and 114-90, which resolutions are on file in the Shorewood City offices; and WHEREAS, modification of the previous conditional use permits requires a conditional use permit, pursuant to Section 1201.19 Subd. 4. of the Shorewood City Code; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 31 May 2001, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 June 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 11 June 2001, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Subject Property is located in an R-C, Residential/Commercial zoning district and contains approximately 28,455 square feet in area. 2. The property is currently occupied by Kuempel Chime Clock Works and Studio. #B~ ..., 3. The Applicant proposes to reduce the area occupied by Kuempel Chime and lease the space to Energy Controls, Inc.. 4. Energy Controls, Inc. intends to occupy approximately 2400 square feet in the rear of the building, as shown on Exhibit A, attached hereto and made a part hereof. 5. Energy Controls, Inc.'s use of the building includes primarily office space, instructional video tape recording studio, incidental repair of electronic controls, part storage and shipping. A more detailed description of the business is contained in Exhibit B, attached hereto and made a part hereof. 6. The proposed hours of operation for Engergy Controls, Inc. are 8:00 A.M. to 4:30 P.M., Monday through Friday. CONCLUSIONS . A. Based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit for a commercial office and video recording studio at 21195 Minnetonka Boulevard. B. This approval is subject to the following conditions: 1. The City will continue to monitor the site for off-street parking adequacy, with the understanding that, if the City determines in the future that parking has become a problem, the Applicant may have to constl1lct a parking lot on the north side of the existing building, or limit the occupancy of the existing building. 2. The Applicant must submit a signage plan for the property, incorporating any existing signs on the property and any new sign proposed for the office use. The sign perinit must be approved by the City Council. . 3. The Applicant shall comply with the requirements of Section 1201.19 of the Shorewood Zoning Code. 4. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder Gr Registrar of Titles. 2 . . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of June 2001. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK 3 e4~3e~2ee1 10=34 FROM E.C.I. T.O 47~0.~2,8 '. : :: " . .. . ',. ", P.l!lZ 2..0',\ 0' t '" ~ f I j J. ". . . , t. .. .... '._, tI l . i ~ j.,... " ~., . 1 'I j " , ',' . ~ f:: ~ l 'I f- ( !" f '., \ ~ ". t" . ..~, " .... {.\ _-.I''f r S~ . I I . ~ ~ II' =. '. .., . --~. .1. lit:. '. . I;'" · .. -+ . :.. ....~.:'!~~"~3... II .~: '" 4 ~ I~ '~.. ')L . .~'. . " '. : -.' {'1' '.; ! ,.~..~ (.w\~ 1- I,' ';"# l..-'~- '"':" -: -;.- -'" - iI' ''ltt;:) '-r':"l 'I '\-, .. ".J- ,,' ~'1t. . t. ....-. -.. -:- - -.... l' I',~ \,) U .... "ilf ": t':::',::'j.~ if .",:,.,. /I ~ "L t: ~, _. t" .... ....... I ....: .\t'-...--...... .,:,...;,,;,fl \ f...........~:.. "J:'- ;:..::).. . . . . '-, .!.. --.. . ....0.;.- ... b,,' "':,~. --- ... . ...... ......':... --"S(J--- '.' . ~. ~ - . t . t .., 1 . ~ ... . -~....... -.---..... .. .- ..- .'~ .~.~_;e.ffr'...,.~ . i l.. I \. t)v.";' r".......t: 8, 'rv/.V,N,,>I.A/ .../ t./~r.t c:..,"f! -....4. ___. "'_~"_ __. ~~"i.<,8~ f"!.I'.,M../w~J' JJ:J.I1,..'t~ r41. '_'4: I J ',. .... ". '.. .'~.C::;:' " R ' i. -. !I &. :.--.. - ___ { _ _ __ .: __,. <( ~o..::. ~ _ ... . _ __ .,; .~ ~:.;..;.; ~:;.~::, 4.<<,..:!; .. - .... ~ . . 1'0.0. I~' , 11.2. . /(" I I , c..~.' :"b ~ I" . ; . , i \I. '.! ~'I ~. I . , . ,., .-.. i II I I" I l , I i ," , ".. I r, v-. f\) \9 l . , I.. '. ) ~ , !' I" I 2 . . ..~ ....... . .So.oS' . . 'J ... ~~ . t .. . ..... . ~ f- . I ,~ '7Cj3~ ( . 3.1 ~ Lv,.J CJ.-i -r7'O~~' ;::.;-- . '-.. - .. CTPR.~ FQI't. : SH(~P 'Nt:. f:. Vlb '40 .~('L'CflR"IO,.J " . '1 l-f8 r ~. , ., , .' . .... " . .,". -' ....-..-.---...- -- ... . ~~ t ~_. ZJ Exhibit A . " . . ENERGY CONTROLS, INC. 1355 PARK ROAD CHAN1lASSEN,~.55317 PHONE (952) 474-0296 FAX (952) 474-7816 HV AC CONTROLS: INSTRUCTIONAL VIDEOS. SALES. CALIBRATION. REPAIRS Energy Controls, Inc. proposes to lease space from M.l McGregor and Carolyn McMahon McGregor for a minimum of 3 years with the option of extending lease at the end of original lease, The purpose of leasing space is to conduct the business of the above company, The business of the company is the filming of instructional videos for sale to hospitals, school districts, colleges, and universities. Most of the company's customers are nonprofit organizations. The company will also sell new and rebuilt controls and parts to the institutions above. An incidental part of the business resulting from sales of instructional videos is the repair of controls. The company does no manufacturing but repair customer's controls and returns them to customer. No business is done with residential customers, The company has three full time employees annually and one employee who works 30-40 hours per week December through March. The company does no retail business. Normal business hours ared:OO AM. to 4:30P.M. Monday through Friday. Most deliveries are made with UPS, The company has the occasional customer who drops off and picks up their controls. This happens only once or twice a month so no retail parking is necessary. The Postal Service has agreed to add the address 21197 Minnetonka Blvd. to the middle entrance door pending the city approval. The company uses no machinery therefore its operation is very quiet and no odors are present. The company will lease 2400 Sq. Ft with 500 Sq. Ft. of office and the remaining portion used for filming, recording, parts, and repair work. The company will need at least four parking sI?aces. Exhibit B " J4,o . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 31 May 2001 RE: Kuemple Chime Clock - Revised Conditional Use Permit FILE NO.: 405 (01.07) BACKGROUND . Kuemple Chime Clock Works and Studio, located at 21195 Minnetonka Boulevard (see Site Location map - Exhibit A, attached), was granted a conditional use permit as an art studio in 1978. The business makes and sells grandfather clocks and clock kits. In 1988, the property was one of the first to be placed in the R-C, Residential/Commercial zoning district. This is a highly specialized zoning district intended to serve as a transition between higher intensity land uses or busy roadways and lower intensity residential uses. The 1988 rezoning also included a revision to the original conditional use permit. The . owners now propose to scale back the clockworks operation and lease some of their space to another business. Since the new business is somewhat different that the clockworks, this necessitates a revision to their current C.U.P. Mr. Mike Moore, the owner of Energy Controls, Inc., proposes to occupy 2400 square feet at the back of the existing building, as illustrated on Exhibit B. Until now this portion of the building has been used as the wood shop for Kuemple Chime. Kuemple Chime will continue to occupy the northerly 5556 square feet of the building for its studio, some assembly and shipping area. The westerly 63 feet of the southerly portion of the building will continue to be used for storage of the property owner's business and personal items. A description of Mr. Moore's business is attached as Exhibit C. Exhibit D is the existing site plan for the subject property. ft ~J PRINTED ON RECYCLED PAPER #'6~ - .. Memorandum Re: Kuemple Chime - Revised Conditional Use Permit 31 May 2001 ANAL YSIS/RECOMMENDATION It should be noted that the property has certain nonconformities that have been "grandfathered in". Specifically, the building does not comply with R-C setbacks in the front and in the rear. Also, some of the parking for the building is head-in from the street. These deficiencies were noted at the time the property Was rezoned to R-C, and in both previous conditional use permits. With respect to the proposed use of the building by Energy Controls, Inc., staff has visited their current business location in Chanhassen and found the business to be consistent with the intent of the R-C district. The business consists primarily of office space and an instructional video studio. A small area is devoted to repair of electronic control devices. Prom a land use perspective, this appears to be a less intense use than the existing woodworking shop (~.e., less noise and fewer employees). . Although the existing parking for the site has always posed a concern, it has not presented problems thus far. There is some space on the north side of the building to accommodate additional parking. .Staff is reluctant, however, to recommend additional parking, given the residential setting in which the site exists. It is recommended that the revised conditional use permit include language stating that parking will be monitored for the next two years, and if problems arise, the owner of the property will be required to revise the parking layout for the site. Mr. Moore has indicated that his business signage needs are relatively minimal. To date we do not have a plan for the signage. A separate sign permit application must be made consistent with R-C district requirements. These requirements are quite restrictive, limiting the property to a total of 36 square feet of sign area. . Subject to the conditions recommended herein, it is recommended that the existing C.U.P. be modified approving the change in use as proposed. Cc: Craig Dawson Tim Keane Mary jean McGregor Mike Moore -2- . bo ~.e ",^i1\(\d-of\K~ . CITY OF GREENWOOD st. A\~V\'7 ~ '00 I o 700 Feet I ~ N Exhibit A SITE LOCATION Kuemple Chime - Revised c.u.P. !~: r,~ ,I .',-J-- I t to~. ;"';'l.. i & '1 .~ j' r . . ! ~ ! ,'f., ,'I . f'l! ~ 1. I j. If.~ ~ " . , jie f ~ ~ : i /~ ., - ~ ~ II~' ~.. ii .' . ~.~~ ~ -',t~ :.:. l~--L::' ...._~. -. I t 'f - I . ;. ~ 1" '.i..:>f . · ~;~ ". . . {,' - "t-S ~ './ . _ --y I ~ '" _ / "..-v....- _ 1% I ~ ..,p..::.<'......- I~' ,~ . '-.. f t I ; . ~. .1 fl. i i . ! l ".r.c. ... r:!:: ~.....' ....-~...... . - .; ~ .. k. -..- ,.." .. ....",'ft:' -. ,.. .;...._- p ..~-=-::.~..~;:-.~... -:",".- '. - ........ '1.."........-...JIfII... . .................. . .f,' C . "" 0"."" r-.......,.J,.,........,..... ..:-:-- '. ,. II '!,...... : r 0* 't'.. ~ '...." -..'-- ..... _ ,I.. "-i--. - ,I .' :, ; !/' ';.;. rW . .. . . . -. _. _ . . .r '. ,: 1': -~_.:,... ..J.1a-' '.- . ::.. ..~ .' j. . . :t's; . r~t! ~.,: -/~ -"$ I . -' ;. I'. ~ .0 ". t . ic~. ,Of - '~"i ~ J . (" , -:.:::::.:.- " " ~! ,"- ~ ~ ::"-r\ ~ · !: -I"> ~ , ~ ... --Ia....... If I :: .-r , ,.. L .;; ~-?; ! , .... t-Y . t i<"/' .I:~....J--t~ I \ .'~.,... - ,.. '. :J -i:..-X I . l\J t:J~ 02: 08: :::c;...... ~lJ::1 t'"i > Z I f i , f -.. ~-...__.. -:- it .J . '+~ - . 1 -t 0<) , I~\t ~.'~ :\ t . :.f- , .. :1' -'- -.. .. -. I .....t ,*.; --.0 . ~ ~~- . l ~\\~, ...... " " \. ~ f.> . .. [ .. f .... o 9 .... \\- fJ 0- ~ W \l -I '0 ..~ '" '-':~ .m "t -.1. --. o """" .. -:". ::;:; .: '00 , - .~ o ~ 'l1 m o.J ENERGY CONTROLS, INC. 1355 PARK ROAD CHANHASSEN, MN. 55317 PHO~(952)474-0296 FAX (952) 474-7816 HVAC CONTROLS: INSTRUCTIONAL VIDEOS. SALES. CALffiRATION. REPAIRS Energy Controls, Inc. proposes to lease space from M.l McGregor and Carolyn McMahon McGregor for a minimum of 3 years with the option of extending lease at the end of original lease. The purpose ofleasing space is to conduct the business ofthe above company. . The business of the company is the filming of instructional videos for sale to hospitals, school districts, colleges, and universities. Most ofthe company's customers are nonprofit organizations. The company will also sell new and rebuilt controls and parts to the institutions above. An incidental part of the business resulting from sales of instructional videos is the repair of controls. The company does no manufacturing but repair customer's controls and returns them to customer. No business is done with residential customers. . The company has three full time employees annually and one employee who works 30-40 hours per week December through March. The company does no retail business. Normal business hours are(}:OO AM. to 4:30P.M. Monday through Friday. Most deliveries are made with UPS. The company has the occasional customer who drops off and picks up their controls. This happens only once or twice a month so no retail parking is necessary. The Postal Service has agreed to add the address 21197 Minnetonka Blvd. to the middle entrance door pending the city approval. The company uses no machinery therefore its operation is very quiet and no odors are present. The company will lease 2400 Sq. Ft with 500 Sq. Ft. of office and the remaining portion used for filming, recording, parts, and repair work. The company will need at least four parking spaces. Exhibit C DESCRIPTION - ENERGY CONTROLS. INC, . NORTH . . BY I /~" I ~" ! a i ,2 ( N. "n. or : 10.00 ro.1 or Lal 17 : _, ,.....\ N89Q59'QQ#/C) 1;- ..../29.35 _.. ~ ~ to ~ a (() ------- ...., (""J n ;.. .,... ~) ,/ ~ 100,2 r-f' .., (-" .- I" ..J ...-' 0.'7. .;.....-- q ~ ~<:o :il~~1... .... . .. . ' t --- '" ~ ;:.: cO :',>:: ..,. ":.':: -1 rJ r-r , ... ! -," I .. .- ......v.. '0 12.; I:: 100,2 ~'" ...'y..... 21.0 ". ....(38. (IS..- '-- WeST REVISIONS REVISION I Exhibit D EXISTING SITE PLAN Kuemple Chime CERTIFICATION I hereby certify that thb surv!!y was prepared under my SuperYlsfon and that 1 am a L 1 censed Land Surveyor und.r the laW] If th~ State .0,[. Hlnyesota, -- II) ~ {ij :j:j; 16 '1 I i I ....~"I 0: -L " \ ~ C'l cO !!! itt'l"\", IS r ,. . 1 I ~S~J o c: CIlCll/, <5~ Q~ ....... ~p ~'~ J ./' ,1.'- to,;.... {? J.,J 1..5' .. '" . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF SMITHTOWN WOODS WHEREAS, the final plat of Smithtown Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1, That the plat of Smithtown Woods is hereby approved. 2, That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Development Agreement, attached hereto and made a part hereof, on behalf of the City Council. 3, That this final plat and the Development Agreement attached hereto shall be filed and recorded within (thirty) 30 days of the Developer's receipt of this Resolution, BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code, ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of May, 2000, ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK :lFfF . CITY OF SHOREWOOD 'II DEVELOPMENT AGREEMENT SMITHTOWN WOODS THIS AGREEMENT, made this day of ,2001, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter refelTed to as the . "City", and Clint Carlson and Brian Ohland, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described on Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into six (6) single- family residential lots; and . WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the Planning Commission at their meeting held on 6 June 2000, and at a meeting of the City Council on 26 June 2000; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in Resolution No. 00-063; and WHEREAS, the Developer has filed with the City the Final Plat for "Smithtown Woods", a copy of which plat is attached hereto and made a part hereof as Exhibit B; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 00-063, incorporated herein as Exhibit C. In addition, development of the property is subject to the requirements of the R-1C, Single-Family Residential zoning district. . (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: (b) Rear: (c) Side: (d) Side yard abutting a street: 35 feet 40 feet 10 feet 35 feet (02) Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. 1 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: '" (01) (02) (03) (04) (05) (06) . (07) (08) All site grading including building pad correction where needed; Street grading, stabilizing and bituminous surfacing; Surmountable concrete curb and gutter; Sanitary sewer; Storm sewer and surface water drainage facilities; Street name signs and traffic control signs; Required landscaping and reforestation; Six-foot wide bituminous trail between Lots 3 and 4, Block 1 consistent withthe City of Shorewood's Standard Specifications and Details and project plans prepared by Coffin and Gronberg, Inc. dated , which plans and specifications are subject to review and approval by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Smithtown Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2. above and this Development Agreement, is herewith adopted and approved by the City. . 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the 2 approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the cost and expense of Developer. " 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1 November 2001. The final lift of asphalt shall be completed by 1 July 2002. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. . . 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of . "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any fmther construction within the plat until the documents called for herein are filed. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements. In . order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 3 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. The Developer hereby agrees to be solely responsible to provide snow plowing of the proposed roadway until such time as the bituminous wearing course has been placed, reviewed and approved by the City Engineer. Failure to provide prompt plowing services which jeopardize the ability for emergency services to adequately access the subdivision shall result in charges levied against the security held by the City of Shorewood for such improvement project to remedy such default. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2, except the final lift of asphalt, are completed and approved by the City Engineer. . 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance ofImprovements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. . 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29 below. 4 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall . remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2 have been accepted by the City. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. .. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $1200 for each lot, 5 . . not including the lots with the houses on them, as local sanitary sewer access charges. Accordingly, the Developer shall pay $4800. 26.) Municipal Water Charges (Note: Redraft to include reimbursementto Developer for ovcrsizing of watermain. 27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $1500 for each lot, not including the two lots that have houses on them, for the Park Fund. Accordingly, the Developer shall pay $6000 to the Park Fund. 28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by , dated ,2000 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 28, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Larkin, Hoffman, Daly & Lindgren L TD 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 To the Developer: Brian Ohland 25895 Smithtown Road Shorewood, MN 55331 And 6 Clint Carlson 202 Peninsula Road Medicine Lake, MN 55441 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in . ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability , damage, loss, and expenses, including but not limited to . reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of any Declaration of Covenants, Conditions and Restrictions, for review and approval by the City prior to recording. 33.) Remedies Upon Default- (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall 7 . reimburse the City for any expense reasonably incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, after notice and failure to cure, the City may also institute legal action against the Developer or utilize any cash . deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. . (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 28 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circlimstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council ata meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. . (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. 8 (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35.) . Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected'or impaired thereby. 36.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. . 37.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 38.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD . Brian Ohland By: Its: Mayor By: By: Clint Carlson ATTEST: City Administrator/Clerk 9 ) . . ST ATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of ,2001, before me, a Notary Public within and for said County, personally appeared Woody Love and Craig W. Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public ST ATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this , 2001, by Brian Ohland and Clint Carlson. day of Notary Public THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, LTD. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 (TJK) 10 "..... . .' . . .. 'jUN: '1'1 ': 20'121'1' . , , , '1 ':' 29PM' . .. . ,. THEXTON .. . ... , .' . . . .. , . ., ., . . . .. . . " '" , " . . .. . . . NO. 902 P.1/1 , '" THENTON MANUFACTURING COMPANY FACSIMILE Telephone (952) 831-4171 Fax (952) 831-5938 :a-mail.. .btichy@thexton.com June II, 2001 Brad Nielsen, Planning Director, City of Shorewood (952) 474-0128 (95~) 474-3236 Bria.n Tichy, President, South Tonka Little League Freeman Park DugoutlFence Installation DATE: TO: FAX f#: PHONE #: FROM: SUBJECT: Thank you for meeting with Pete Seamons, Gordon Lindstrom and myself this morning to discuss the changes made by South Tonka Little League to dugouts on Freeman Fields #'9 1 & 2. The League agrees that we need to re-construct the dugouts in a manner that is represented by the plans approved by the City Council. We spoke of the process involved in providing volunteer labor to construct the dugouts and request that the existing structures be left in place until August 10, 2001, which coincides with conclusion of our regular baseball season. At that time we will have the existing structures either removed or reconstruction will begin. I request this extension in order to allow the players in our league to complete the season uninterrupted and with temporary shelter; and to anow adequate time for organization of our construction volunteers to finish the project correctly. Please extend our apologies to the Staff, Mayor and City Council for our error in constructing these dugouts. South Tonka Little League values its relationship with the city of Shorewood and takes pride in volunteering its efforts towards improving the city's parks for the youth of our community. Cc: South Tonka Little League Board of Directors Gordon Lindstrom Pete Seamons 1 1:J.iWl eq ~ .' . .,. MEMORANDUM FROM: Joe Pazandak JJ TO: Craig Dawson DATE: June 11, 2'001 Construction of the dugout roofs at Freeman Park present some structural concerns. The roofs do not appear to properly address wind up-lift or snow loads. My immediate safety concern is if the wind lifts the roofs off. They could cause physical and property damage. Cc: Brad Nielsen Larry Brown --: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ^ "" Craig W. Dawson, City Administrator (] V June 7,2001 Final Report on Scoping Phase of Community Visioning Process . Bruce Chamberlain, vice-president of Hoisington Koegler Group, Inc. (HKGi), has prepared a final report on the scoping phase - the strategy document - for Shorewood's community visioning process. This report reflects suggestions and feedback from the City Council as recently as its May 14 meeting. Mr. Chamberlain will make a presentation regarding the Outreach Plan, Work Plan, and project schedule. He will also provide a fee proposal for the next stage(s) of the community visioning process. It is likely that the cost to continue this project will exceed the amount placed in the 2001 budget. . 1IqA ... ~.1 PRINTED ON RECYCLED PAPER -:e. Shorewood Visionine: Process Outreach Plan June 6, 2001 Establishing the Framework for a Shorewood Vision... At its core, a community visioning process is intended to help ensure a high quality of life for.Shorewood into the future. A community's quality of life is influenced by all sorts of internal and external forces. For that very reason, this outreach plan suggests a strategy that involves residents and businesses within Shorewood but also organizations, businesses and even other communities that are beyond Shorewood borders. The Shorewood Vision is intended to: . Identify community issues and values . Prioritize community needs . Act as a roadmap for future decisions and investments . Establish a shared vision . Increase stakeholder acceptance of decisions . Spark citizen involvement . Act as an open invitation for cooperation among neighboring communities and organizations . Objectives of the Visioning Process... 1. Involve citizens in creating a vision of Shorewood' s future. 2. Describe the factors that affect quality of life in Shorewood. 3. Identify the major issues that concern Shorewood residents. 4. Identify the community's priorities. 5. Describe the image that residents have of Shorewood and neighboring cities. 6. Discover the factors that stimulate or inhibit community involvement. 7. Determine what divides the community and what brings it together. 8. Elicit ideas for improving Shorewood's livability and sustainability. . Defining the Scope... The scope of the Vision itself will be defined early in the planning process in large part by the information gathered from the community. The audience for the Outreach Plan is focuses on three broad groups: . Shorewood residents . Non profit and service organizations (within and neighboring Shorewood) . The business community (within and neighboring Shorewood) What do we mean by "outreach"??? The term outreach in the Shorewood Visioning process refers to 1) gaining community involvement during the planning process and 2) communicating the planning process and vision to the public. How do we use outreach to conduct the Shorewood visioning process??? The Outreach Plan has two sub-components: the Community Involvement Strategy and the Communications Strategy. The two strategies, together, formulate a workplan for conducting the visioning process. . Community Involvement The Community Involvement Strategy identifies the chosen techniques used to capture community input and solicit community response to ideas generated in the visioning process. Sometimes very subtly and sometimes very bluntly, outreach will tell those of us preparing the Shorewood Vision what ideas and issues exist in the community and whether or not our responses are appropriate. Our lifestyles become busier all the time so a successful outreach plan should be very focussed and attempt to minimize the time commitment of community members willing to participate. Communications The Communications Strategy identifies how to inform the community that the visioning process is taking place; gets the community excited about being involved; and informs the community about the intermediate and final outcomes of the process. We have become very PR savvy in American society so the communications strategy needs to be professional, captivating and focussed. . The Community Involvement Strategy Community members have opinions and ideas, but often little time (or inclination) to attend public meetings. We propose a more personal approach to involve residents, organizations and businesses in envisioning Shorewood' s future. The first stage gathers in-depth information from individuals, household groups, organizations and businesses. The second stage, Public Consensus Building, invites the public-at-large to participate in selecting the best approach to achieving the community's shared vision. Shorewood Visionin2 Process Outreach Plan June 6, 2001 Page 2 1. Household Interviews Random Selection. We will randomly select 20 of the 2,500 Shorewood households to ensure a representative sample and a range of opinions. Although this is a qualitative study, a random sample of 20 will reduce discovery failure (Le., the failure to uncover relevant perceptions). The sample will be representative according to significant demographics (e.g., renters/homeowners, long-term vs. short-term residents, East-side/West- side, lake shore/non lakeshore residents, seniors/youth/18 to 64 year-olds, minorities). Invitation. To increase the participation rate, we will personally invite households to take part in the visioning. After the City of Shorewood announces the visioning project, we will telephone recipients to request their participation and schedule a one-hour interview. Households. All members of selected households, including teenagers, will be free to participate. In this way we will hear from all generations of residents. Small household groups will also stimulate discussion and idea generation. The interviews will take place in the participant's home or at a convenient public space. . Interviews. The interviews will be conversational and open-ended to allow for the identification of unanticipated issues. The discussion guide will focus on ways to maintain and enhance the quality of life in Shorewood. With the participants' permission we will tape record the sessions to facilitate report writing. 2. Business and Organization Interviews We will conduct in-person interviews with six business representatives mid four organization leaders. The sample will be drawn from Shorewood and the surrounding area. The organizations contacted could include non- profits, schools, religious communities, and volunteer groups. The invitations to participate and the interviews will be handled in much the same way as the household interview process. Business owners, managers or organizational leaders would be free to include others involved in the organization in the interview. . 3. The Community Through Residents' Eyes Shorewood Visionin2 Process Outreach Plan . June 6, 2001 Page 3 Each interview household and organization will receive a disposable camera. The participants will take photographs of places that are significant to Shorewood's quality of life and write short descriptions. They will retum the cameras in post-paid envelopes. Photos can be displayed at the public workshop and in City Hall. The photos will be analyzed and organized and findings presented at the public visioning workshop. 4. Consensus-Building Workshops . Two public workshops - "visioning" and "strategies" will be held to involve the community in preparing the Shorewood Vision. The workshops will each be organized in slightly different manners. The visioning workshop will rely heavily on the participation of the community-at-Iarge for its outcome. The strategies workshop will invite the public to participate but rely more heavily on the involvement of the City Council/s and Commissions for its outcome. Visioning Workshop. The Community-at-Iarge will be invited to participate in a visioning workshop. Participants will: (I) discuss the findings of the interviews, surveys, and photo exerCIse; (2) work with fellow community members in small group exercises to outline the construct of a preliminary vision and set of guiding principles; and (3) after each small group reaches consensus, they will report their findings to the larger group. . The goal of the visioning workshop is to find community consensus in what people want for the future of Shorewood and the South Lake region and to find the common values that will guide the community to that VISIon. Announcements (as identified in the Communications Strategy) will invite the community-at-Iarge to participate in the workshop. To encourage community involvement, we will also personally invite a representative sample of 25 residents and all community leaders. Those receiving invitations will be asked to RSVP their attendance. We will send a reminder and agenda to the full list prior to the workshop. Daycare, transportation, and refreshments should be offered to make it as easy as possible for community members to participate. Shorewood Visionine: Process Outreach Plan June 6, 2001 Page 4 Strategies Workshop. The strategies workshop will be conducted in a slightly different manner. Instead of relying heavily on the community-at- large for participation, the workshop will be held as a Council/ Commission work session. Public announcements will encourage the general public to attend and participate in the workshop. Personal invitations will be sent to the Council and Commission members along with RSVP cards. Where the visioning workshop was generally self- directed by the participants, the strategies workshop will be more heavily guided and facilitated by the consulting team. The workshop intent is: (1) review the results of the visioning workshop and gain feedback; (2) brainstorm strengths, weaknesses, issues and opportunities; (3) find commonalities that help determine topics of focus; and (4) begin to identify approaches to addressing the focus areas. . The consulting team will then use the outcomes of the workshop to draft a first cut of the Vision Plan as further defined in the attached Work Plan. The Communications Strategy Several communication mechanisms will be utilized to generate awareness of the visioning process and stimulate involvement in the process. As the process moves forward, key values identified from the householdlbusiness interviews and public workshops will be used as building blocks for the messages we convey to the general public. Announcement of visioning process. As an official "kick off' to the process we will develop a press release and article for the area's community newspapers. In addition to obtaining coverage in print media, we will prepare an electronic version of the announcement for the city's Web site and investigate opportunities for coverage on the public cable station. . Development and distribution of promotional piece. To help spread the word about the visioning process through the community grapevine, we will create an exciting promotional piece on the visioning process and leverage distribution opportunities through personal contacts. These brochures will be given to people contacted during the interview process. They can also be passed out at summer events and made available in key public areas. Date and time of the public meetings should be included in this piece, if possible. Shorewood Visionine Process Outreach Plan June 6, 2001 Page 5 Presentations to Excelsior Area Chamber of Commerce. Upon tallying the fmdings of the interviews and surveys, a presentation will be made at a Chamber luncheon to spark interest and excitement around the process as well as encourage involvement in the upcoming visioning workshop. A second presentation will be made following the strategies workshop to present findings and gain business-community feedback about the direction of the Vision. Announcement of public workshops. Using the same media outlets as the initial announcement, announcements for the visioning and strategies workshops will focus on encouraging people to attend and participate. Interesting discoveries and results of the planning process to date will be used to spark interest and participation in the workshops. . Personal workshop invitations. Personal letters of invitation along with stamped RSVP cards will be sent to identified individuals inviting their participation in the visioning and strategies workshops. A second mailing including a reminder and workshop agenda will be sent prior to the visioning workshop. Release of workshop results. After the public visioning workshop and again after the strategies workshop, we will develop a press release and article for the area's community newspapers. In addition to obtaining coverage in print media, we will prepare an electronic version for the city's Web site and investigate opportunities for coverage on the public cable station. . Communication with Shorewood Council and Commissions. Before each workshop we will facilitate a work session with the City Council to review the agenda and prepare for the upcoming workshop. Following the workshops, we would encourage the City to hold a joint meeting with commissions to review the workshop findings. If other communities join in the visioning effort, these meetings could occur jointly. Newsletter/brochure identifying results of the full visioning process. Upon fmal completion of the process and City Council adoption of the Vision, we will create a communication piece for area residents. It may be framed as "news" on the results of the visioning process. It will present the ideas for Shorewood's future using information learned through all stages of the process, and set the stage for implementing the community's vision. This piece would be mailed to all area residents and other appropriate stakeholders. M: IShorewoodlO 1-13IdocsIOutreach_Plan.doc Shorewood Visionine Process Outreach Plan June 6, 2001 Page 6 Shorewood Visionine: Process Work Plan June 6, 2001 Scoping Stage 1.0 Identify what exists... (February - June 2001) Tasks: 1,1 Hold an exploratory meeting with officials from Shorewood to gain direction on project approach, identify known issues, identify key stakeholders and conduct an interactive process to set the stage for the outreach plan discussed in 1.2. (3/26/01) 1.2 Prepare an outreach plan that has two elements: 1) a community involvement strategy to determine how the planning process gains input and feedback from the public; and 2) a communications strategy to determine how the work of the planning process is presented to the public. The outreach plan will include fee proposals and anticipated expenses for various outreach components. 1.3 Assemble community and context base mapping. 1.4 Review community plans, pertinent regulations, and current development! . redevelopment plans that may provide valuable background information. 1.5 Review any shared service arrangements Shorewood has in place. 1.6 Gain an understanding of the political and development history of the community. 1.7 Tour the project area with "local experts" to understand physical influences. 1.8 Assess the project area in terms of its image and identity, seeking opportunities to capitalize on elements that are meaningful. 1.9 Hold a review meeting with the City Council to review the information gathered to date, the outreach plan, and fee proposal options for stage two. (6/11/01) . Deliverables: . Refined work program with detailed project schedule . Outreach Plan . Community base map . Summary of existing conditions and community influences . Pictorial review . Visioning Stage 2.0 Understand what is desired.. (June ~ September 2001) Tasks: 2.1 Work with City Staffto identify 20 households, 6 businesses, 4 organizations and numerous alternates in each category for participation in interviews with the consulting team. 2.2 Prepare a draft interview invitation and interview guide. 2.3 Determine all appropriate media outlets for press releases. 2.4 Prepare a draft "kick-off' promotional brochure and press release. 2.5 Hold Council work session to review all draft material, gain feedback and review distribution strategy. 2.6 Finalize invitation, interview guide, brochure and press release, assist City Staff with printing and distribution. 2.7 Telephone invitees to schedule an interview appointment. 2.8 Upon confirmation from invitees, send interview packet that includes interview confirmation, general interview outline, disposable camera, instructions for "community through residents' eyes" exercise and promotional brochure. 2.9 Conduct household/business/organization interviews. 2.10 Compile summaries of interviews and photo surveys, and identify trends in the results. 2.11 Prepare draft visioning workshop press release and personal invitation letter and work with Staff to compile invitation list. 2.12 Attend Council/Commission work session to review interview summary and prepare for upcoming visioning workshop. 2.13 Present interview summary at an Excelsior Area Chamber luncheon. 2.14 Finalize workshop invitation and press release and assist City Staff with distribution. 2.15 Hold public visioning workshop and summarize results. 2.16 Prepare and distribute press release reviewing visioning workshop. . Deliverables: . Kick-off project brochure and three press releases . Interview and vision workshop personal invitations . Interview packet materials . Summary of interviews and photo exercise . Chamber Presentation . Visioning workshop summary 3.0 Describe how the vision could look andfunction... (October2001 - January 2002) . Tasks: 3.1 Prepare a draft project vision statement and set of guiding principles. 3.2 Compile a list of'~his is what we heard" statements that speak to the community values expressed through the interviews, resident photo survey and visioning workshop. 3.3 Prepare draft press release and str~tegies workshop invitation. 3.4 Attend Council/Commission work session to review all draft material, gain feedback and prepare for upcoming strategies workshop. 3.5 Finalize invitation and press release, and assist City Staff with distribution. 3.6 Hold public strategies workshop and summarize results. 3.7 Finalize vision statement and guiding principles based on community input. 3.8 Prepare and distribute press release reviewing strategies workshop. Deliverables: . Project vision statement and set of guiding principles . Compilation of community value statements . Two press releases . Strategies workshop personal invitations . Strategies workshop summary Shorewood Visionine: Process Work Plan June 6, 2001 Page 2 4.0 Define how the vision can become a reality... (February - March 2002) Tasks: 4.1 Based on strategies workshop, draft a set of preliminary objectives, issues and actions associated with implementing the community vision. 4.2 Hold two work sessions a couple weeks apart with City Staff to refine the objectives and review progress of the action steps. Update actions based on Staff input. 4.3 Present draft Vision Plan at CounciVCommission work session. 4.4 Refine Vision Plan based on Council/Commission feedback. 4.5 Present updated draft Vision Plan at Excelsior Area Chamber luncheon. 4.6 Prepare mock-up of Vision Plan community brochure. Deliverables: . Draft Vision Plan . Chamber presentation . Vision Plan brochure mock-up 5.0 Agree to moveforward... (April2002) Tasks: 5.1 Work with City Staff to identify priorities and a general implementation schedule. 5.2 Present completed Vision Plan with priorities and schedule to the City Council for adoption. 5.3 Finalize Vision Plan brochure. 5.4 Assist City Staff with brochure printing and distribution. . Deliverables: . Final Vision Plan . Print-ready Vision Plan brochure. M: IShorewoodlO 1-13\docslwk "'pln.doc . Shorewood Visionine: Process Work Plan June 6; 2001 Page 3 .- . 0' )> ~ ~ c ~ - 8 c ~ 0- c: ~ is: ~ c: :e <Cl (I) ::> (I) (I) ::> (I) Cil '" ::> ::::ft '" g, c: ~ '" '" 0- '" ::> '" II> (I) :0:' <T ::> :0:' is: :0:' ~. (I) :0:' -- :0:' i3- (I) (I) 0 ::!, iil -<' a- U> 8 =T .... r 8 g 10> 0- fit w ... '= ~ '= ... '= ::> '= :e '= 3 3 :T 0- :T ~ (I) II> ~ !!!. :r ::> :e II> 0- (I) (I) :r :T (I) Cil < !!!. )( (I) F !!!. Ii;- < in' r 0' lir ::> 0' ::> City Council Review Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council Work Session . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . Household/business/organization interviews . . . . . . . . . . .. . . . . . . . . . . . . . . · . . . . . . Council/Commission Work Session Excelsior Area Chamber Presentation . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . Public Visioning Workshop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council/Commission Work Session . . . . . . . . . . . . . . . . . . . . . . . . . . Public Strategies Workshop . . . . . . . . . . . . . . . . . . . . . . . . . . City staff Work Session . . . . . . . . . . . . . . . . . . City staff Work Session Council/Commission Work Session . . . . Excelsior Area Chamber Presentation ................. City Council Adoption . . . . . . . . . . . '. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ^ ~ Craig W. Dawson, City Administrator W June 7, 2001 Fire Services Contract with City of Mound . The City of Mound provides fire services to Enchanted, Shady, and Spray islands in Lake Minnetonka through a service agreement with the City of Shorewood. This arrangement - an annual contract - has existed for many years. Within the past few weeks, the City received an agreement for services in 2001. The City of Mound is forwarding a new fire service agreement for action by the Shorewood City CounciL There are a few changes to the agreement (see explanatory memorandum from Mound Fire Chief Greg Pederson). They are minor with one exception: the proposed agreement would be in effect for three years (2001 through 2003), rather than for 2001 only. The agreement would also renew automatically (unless a one-year notice is given to cancel it) for another three years. . Discussion: In public safety organizations of which Shorewood is a joint powers member, the City has supported longer-term agreements for purposes of stability and responsible planning. The City of Mound is seeking to achieve similar goals in extending the term of the service agreement with its contract cities. Mound plans to undertake major improvements to fire facilities and equipment; although it has not finalized a schedule, it is expected to begin within the next few years. Neither the current nor proposed agreements have provisions to cap, or for a contracting city to challenge, the proposed budget for the Mound Fire Departmeht. Funding Formula: The funding formula is based 50 percent on assessed valuation, and 50 percent on "level of service -- the number of fire calls, rescue calls, and mutual aid calls based on personnel hours". With the formula-derived amount of approximately $8,000, the City of Shorewood most recently represented two percent of the Mound Fire budget. With continued development of Minnetrista and redevelopment of Mound, Shorewood's assessed valuation could decline as a percentage of that valuation within the Mound Fire service area. Given the geography of this area, it is most feasible that service be provided by Mound Fire Department. RECOMMENDATION: It is recommended that the Council approve the agreement for fire and rescue services from the City of Mound, and authorize the Mayor and City Administrator to execute the agreement. n ~J PRINTED ON RECYCLED PAPER ~98 ~~~ A1~ V~ dJiM, ~~, Jnc. 2415 Wilshire Blvd. Mound, Minnesota 55364 ~~~ , . Date: To: From: Subject: June 6, 2001 Craig Dawson - City Administrator Shorewood Greg Pederson - Mound Fire Chief Updated contract for fire service J ~j ~.< 0 !~j '). 0., ~"-..'1 L. ~ t ~ Per our discussion at the MFD Fire Commission Meeting held May 22, 2001, the following is a summary of changes to the updated fire contract. General Information It was brought to my attention that the most recent fire contract that our customers had on file was from 1988. Therefore one of the main reasons for this update is to have a current document on file. This new updated version was reviewed by several individuals at the City of Mound including: Kandis Hanson - City Manager, Gino Businaro - Finance Director, and the City Attorney. A summary of the changes to the contract are as follows: Section # Chanae or Modification . Several Sections Simple but necessary format, structure, and wording changes to improve consistency of contract appearance and clarify. No changes to service as a result of these changes. Section 3. LEVEL OF SERVICE. Added more detail and language pertaining to fire prevention and inspection service - to clarify. Section 5. VOLUNTEER FIREMEN OF THE CITY OF MOUND Changed "Firemen" to "Firefighter" several places within the document. . Section 6. TERMINATION This includes a change to the length of contract. Was a one year contract, proposal is changing to a three year contract. Section 7.02. BUDGET This includes changes to provide one month earlier (September vs. October) Budget information to all cities for the next - upcoming contract year. Also, this section has a change to provide actual costs later in the year after contract year (March vs. September). Section 9. CAPITAL EXPENDITURES OR INTERIM INCREASES IN THE FUND Change in dollar amount pertaining to contracting cities right to be heard regarding capital expenditures. Dollar amount was $ 5,000 - now $25,000. Section 11. PRIOR CONTRACT Some wording changed to eliminate reference to an old contract dated Dec. 2, 1971. Signature Section Change the title of signer's on the contract (was "Recorder" - now "City Clerk", etc.) . Summary . This contract needed to be reviewed and updated for all parties involved. . Current city officials agreement and signature needs to be on the contract (rather than non-current). . This contract has no changes in the fire service, budgeting,. or cost calculation formula. There is however better description of fire prevention and fire inspection service. . This new updated contract does change the contract "term" from one year to three years, which I believe is better for everyone. . In closing, all Fire Commission members or City Administrators received two Original contracts signed by City of Mound representatives. Please sign both copies and return one to the Mound Fire Department at your earliest convenience. The other contract is for your city files. It is a pleasure service your community! 91~IIYJw~ ''''~~~derson Mound Fire Chief c.c. Kandis Hanson - Mound City Manager enclosure: fire contract copy JOINT CO OPERA TIVE AGREEMENT AND CONTRACTFORF~SERWCE 1. TIDS AGREEMENT, made and entered into this 1st day of January 2. 2001, by and between the City of Mound, a municipal corporation in the County 3. of Hennepin and State of Minnesota, and the City of Shorewood, a 4. municipal corporation in the County of Hennepin and State of Minnesota. 5. WITNESSETH: 6. WHEREAS, The City of Shore wood is desirous of having fire 7. protection service furnished by the City of Mound Fire Department, and 8. WHEREAS, The City of Mound has the facilities and equipment and is 9. willing and able to provide fire protection service to the City of Shorewood and 10. WHEREAS, The City of Mound has prepared for the City of 11. Shorewood an annual financial budget covering truck bonded 12. indebtedness, fire equipment, capital outlays, annual operating costs and 13. Fireman's Relief Association. 14. NOW, THEREFORE, in consideration of the mutual covenants 15. of the parties hereto, it is agreed as follows: 16. Section 1. DEFINITION OF TERMS. For the purpose of this 17. Agreement, the terms in this section shall have the following meanings given to 18. them. 19. 1.01. "Contract term" means a 3 year period during which fire 20. protection services are to be rendered or were rendered to the City of 21. Shorewood by the City of Mound. The contract term shall commence 22. January 1 and terminate after three (3) years on December 31. 23. 1.02. "Contracting Cities" means any city which is a party to this contract 24. for the purposes of determining total cost for services. The contracting cities are 25. Minnetonka Beach, Minnetrista, Orono, Shorewood, and Spring Park. 26. 1.03. "City of Mound Fire Budget" shall include all preliminary estimated 27. and actual costs of operating the Fire Department of the City of Mound for a 28. given contract year, including but not limited to: 29. Officers and Fire Inspector's Pay 30. Drill Pay 31. Monthly Salaries 32. FICA / PERA 33. Office Supplies 34. Copy Machine and Fees 35. Operating Supplies 36. Motor Fuel 37. Cleaning Supplies 38. Safety Supplies 39. Fire Prevention 40. Professional Services 41. Medical Services 42. General Maintenance . . 1 . . 43. Pagers - Fire Dept. 44. Postage 45. Telephone 46. Printing 47. Worker's Compo Insurance 48. General Liability Insurance 49. Electricity 50. Gas Service 51. Garbage 52. Other Equipment Repair 53. Building Repair 54. Rentals 55. Radio Rentals 56. Miscellaneous 57. Conferences and Schools 58. Dues and Subscriptions 59. Capital Outlay 60. Fire Truck Repair 61. Fireman's Relief Association Payments 62. 1.04. "Fire Service Area" of each contracting city shall be that area within 63. the City shown on Exhibit A attached hereto. 64. Section 2. AREA PROTECTED. The City of Mound shall provide fire 65. protection service for the City of Shore wood in the area legally described 66. on Exhibit A, and as shown on the Fire Service Area Map Exhibit B. 67. Section 3. LEVEL OF SERWCE. The City of Mound, through its fire 68. department, shall endeavor to prevent, protect and save life and property from the 69. destruction by fIre in the protected area to the same extent as it does within the 70. City of Mound. The extent of service provided through the City of Mound Fire 71. Department will include but not be limited to, fire inspection and prevention 72. service through a member of the Mound Fire Department or an approved sub 73. contractor, as well as "professional quality" fIre and rescue protection. Any fire 74. inspection and prevention service sub contractor must be approved and supervised 75. by the Mound Fire Department Fire Chief. 76. Section 4. ADMINISTRATIVE RESPONSffiILITY. The fire 77. protection services rendered to the contracting cities shall be under the sole 78. direction of the City of Mound. The degree of services rendered, the standards of 79. performance, the hiring and discipline of the personnel assigned, and other 80. matters relating to regulation and policies, are in the control of the City 81. of Mound. Any disputes between the parties to this agreement as to the extent of 82. functions and services to be rendered hereunder, or the level or manner of 83. performance of such service, shall be resolved by the City Manager of the City of 84. Mound. ITa contracting city disagrees with the resolution of the dispute, it may 85. appeal, within seven days, in writing, to the City of Mound asking for arbitration, 86. as provided in section 8. The City of Mound shall submit to the contracting 87. cities a monthly report of services rendered to the contracting 88. city as well as suggestions regarding any changes that may be helpful. 2 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. ,110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. Section 5. VOLUNTEER FIREFIGHTERS OF THE CITY OF MOUND. Personnel assigned to provide fire protection services in the contracting city shall be volunteer firefighter of the City of Mound. Mound assumes all obligations with regard to worker's compensation, Firefighter's Relief Association, withholding tax, insurance, etc. for such volunteer firefighter. The contracting city shall not be required to furnish any of the foregoing fringe benefits or assume any other liability of employment to any employee or other person assigned to duty within the contracting city. If the contracting city employs such employee or person directly, independent of this agreement, to provide fire protection services in the contracting city, all obligations and liabilities with respect to employment of such employee or person shall be the responsibility of the contracting city. No such direct employment shall be entered into by the contracting city without first obtaining the written approval of the City Manager of the City of Mound. Section 6. TERMINATION. This agreement shall remain in full force and effect until January 1,2004, and be renewed automatically hereafter for a successive contract term unless cancelled by either party by serving written notice upon the City Clerk of all contracting cities by January first of the year prior to the contract term expiration. Section 7. COST CALCULATIONS. Cost for and in consideration of rendition of Fire Protection Service under this agreement, shall be determined by the formula, as illustrated below, for each contract year. 7.01. ASSESSED VALUATION OF THE FIRE SERVICE AREA OF EACH CONTRACTING CITY. The assessed valuation of the Fire Service Area of each contracting city is based on taxes due and payable for the year immediately preceding the budget year. The source of the assessed valuation data shall be the official figures of the Hennepin County Assessor's Department. 7.02. LEVEL OF SERVICE FOR PRIOR CALENDAR YEAR. The level of service shall be determined by the number of fire calls, rescue calls and mutual aid calls based on personnel hours. The formula of assessed valuation and levels of service used by the contracting city will incorporate the assessed valuation of the year preceding the budget year and the three previous years average ofthe personnel hours provided to the contracting city. These will then be balanced equally giving each participating city its percentage share of the budget for the upcoming year. 7.03. BUDGET. By September 1 of each year, the City of Mound shall notify each contracting city of the estimated costs for the next contract year. The final estimated cost shall be determined and all contract cities notified by December 15 of each year. The final estimated cost shall be. paid in equal quarterly installments of January 1, April 1, July 1 and October 1 of the next contract year by the contracting city to the City of Mound. The contracting city understands and agrees that it is impossible to project with complete accuracy the actual cost for labor and equipment as well as the service to be required by each city for the forthcoming contract year, and therefore hereby agrees to a yearly audit to adjust the prior year's estimated cost of service as set . . 3 . 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. -155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. . forth above to the actual costs incurred by the City of Mound will tabulate the actual cost of the Fire Department Budget for the prior contract year and will submit to each contracting city a summary of actual costs. The actual cost of the Fire Department Budget for the prior year and a summary of the actual costs will be submitted to all contracting cities by September 1. The actual costs set forth for the prior contract year may result in either a credit or a debit to each contracting city. Ifa surplus is carried over from the prior year, paid monies shall be placed in a reserve fund. Said reserve fund shall be accrued until a fund balance equal to ten percent (10%) of the prior year's operating budget is arrived at. Once the reserve fund level is established, the contracting cities will decide whether to reduce their annual operating contribution to offset the operating fund balance or contribute to keep it at the ten (10%) reserve fund level. The fund may be utilized to pay any increase for service if a majority of all contracting cities approve. Ifa majority does not approve, the annual cost payments shall be paid in an amount to lower the 100% of that years final estimated costs. The allocation of the credit or debit shall be made pursuant to the basic cost formula set forth above. 7.04. FIRE DEPARTMENT FUNDS. In order to facilitate the accounting and reporting of all fire funds, a special Fund of the City of Mound called "Area Fire Service Fund" is hereby crated. All operating expenses shall come from this fund. Other separate funds already in existence include, Fire Department Capital Outlay Fund (Equipment Reserve), Firemen's Relief Association Fund, and Fire Truck Bonded Indebtedness Fund. Rep0rts on each of these Funds will also be provided to each contracting city by the City of Mound, annually following the contract year. All financial issues and reports related to these funds will be the responsibility of the City of Mound Finance Director I Treasurer. 7.05. DELINQUENT FUNDS. Ifany of the above mentioned Funds, for whatever reason, shall become delinquent and require additional funds prior to the next contract year, each contracting city shall be notified of such shortage in estimated revenue and the contracting parties, by majority of all of the contracting cities shall vote to transfer from the reserve fund or to pay as a part of the current year's quarterly costs set forth in paragraph 3 above. Section 8. ARBITRATION. If the contracting city is aggrieved by the determination of the City of Mound as to the allocation of the actual costs of the prior year's service, the contracting city may appeal said determination within 30 days after receipt of the City of Mound's audit. Said appeal shall be made in writing and shall be addressed to the City of Mound asking for arbitration by a Board of Arbitration. The Board of Arbitration shall consist of three persons: one to be appointed by the City of Mound; one to be appointed by the appealing contracting city; and the third to be appointed by the two so selected. The name of each arbitrator selected shall be submitted, in writing, to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after their appointment, the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either the City of Mound or the appealing contracting city, the third arbitrator to the Board. The 4 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. third arbitrator selected shall not be a resident of either contracting city, and shall be a City Manager or City Administrator. The arbitrator's expenses and fees, together with other' expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. Said arbitration shall be binding on both parties. Section 9. CAPITAL EXPENDITURES OR INTERIM INCREASES IN THE FUND. The contracting cities shall have the right to be heard regarding any proposed capital expenditures by the City of Mound which are not in the annual estimated cost budget and which exceed $25,000.00 or interim increases in the funds not otherwise included in the annual budget. Notice of such proposed and non budgeted capital expenditures or interim increases in Funds shall be in writing to the contracting cities prior to actual expenditures for such items and the contracting cities shall thereafter have ten days in which to approve or disapprove the same in writing. If a contracting city does not disapprove the expenditure, it is agreed that such proposed expenditure may be made and the cost thereof shall be included in the year's , budget. Section 10. FmE DEPARTMENT RELIEF ASSOCIATION. The contracting cities agree that it is important that the volunteer firefighters of the City of Mound have a relief association that will provide retirement benefits after retirement to compensate the firefighters for all the volunteer hours they contributed. The contracting cities also realize the wisdom of contributing to this fund on a pay as you go basis. The contracting cities also recognize that as retirement levels increase that additional contribution will be required beyond the present 2001 contribution level. The retirement costs paid to the Relief Association shall be considered as a part of the prior years operating costs. The contracting city's amount being paid for relief benefits will be paid until and unless a majority of the contracting cities approve increased benefits and increased contributions to the fund. Section 11. PRIOR CONTRACT. If Mound cancels this contract under the provisions of section 6 or if a contracting city cancels the contract for any reason, then the capital expenditure fund established to purchase any capital equipment will be evaluated and the contributing city's capital investment will be considered. Notwithstanding any language herein to the contrary, or in prior contracts between the parties, any credit or debit due to a contracting city or to the City of Mound on account of prior agreements and contracts for fire protection between the parties shall be payable in the year following pursuant to the contract currently in force. . . 5 . . CITY OF SHOREWOOD By: Its Mayor And By: Its City Clerk CITY OF MOUND ()~ -?7[/<~<-f By: Its Mayor And ~~ By: ) . City Manager 6