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121100 CC Reg AgP 'C " CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 11, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love_ Stover Garfunkel Lizee Zerby _ B. Review Agenda C. Special Report by Lake Minnetonka Conservation District representative Tom Skramstad on LMCD Water Patrol Funding. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes of November 20, 2000 (Att.-#2A Minutes) ii ;' B. City Council Regular Meeting Minutes of November 27, 2000 (Att.-#2B Minutes) C. City Council Executive Session Minutes of November 27,2000 (Att.-#2C Minutes) D. City Council Special Meeting Minutes of December 4, 2000 (Att.-#2D 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. ~.,j:^ ,. A. A Motion Approving an Agreement for Animal Impound Services for the Year 2001 (Att.-#3A Proposed Agreement) 1\ B. A Motion to Adopt a Resolution Approving Year 2001 Refuse Hauler Licenses (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Approving Year 200 1 Tree Trimmer Licenses (Att.-#3C Proposed Resolution) D. A Motion Authorizing the Acting City Administrator to Enter Into an Agreement for Rink Attendant and Warming House Supervision Services for the 2000-2001 Ice Skating Season (Att.-#3D Proposed Agreement) ~. CITY COUNCIL AGENDA - December 11,2000 .~ ~ Page2of3 E. A Motion Authorizing the Acting City Administrator to Enter Into an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facilities (Att.- #3E Proposed Agreement) F. A Motion Authorizing an Agreement for Maintenance of Sewer and Water with Munitech for 2001-2002 (Att.#3F Proposed Agreement) G. A Motion to Adopt a Resolution Approving an Amendment to the Shorewood Comprehensive Plan - Land Use Plan (Att.-#3G Proposed Resolution) H. A Motion to Adopt a Resolution Approving a Recycling Contract (Att.-#3H Recycling Contract) 1. A Motion to Adopt a Resolution in Support of Restrictions on the Use and Sale of Phosphorous Lawn Fertilizers (Att.#31 Proposed Resolution) J.~ A Motion to Adopt a Resolution Approving a Lot Line Rearrangement (Att.#3J Proposed Resolution) Applicant: David Shenehon Location: 5285 and 5305 Shady Island Road K. A Motion Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County (Att.#3K Proposed Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) S. PUBLIC HEARING - Mt. Olivet Rolling Acres Proposed Bond Issue and Joint Powers Agreement (Att.#5 Proposed Resolution) 6. PARKS - Report by Representative A. Report on Park Commission Meeting Held November 28, 2000 (Att.-#6A Minutes) 7. PLANNING - Report by Representative A. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit (Att.#7 A Planning Director's Memorandum; City Engineer's Memorandum) Applicant: Ouc Savior's Luthecan Church Location: 23290 State Highway 7 B. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Setback Variance (Att.#7B Planning Director's Memorandum) Applicant: James Russell Location: 26080 Birch Bluff Road C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet of Area (Att.#7C Planning Director's Memorandum, Proposed Resolution) Applicant: Scott Young and Vicki Callahan Location: 26865 Edgewood Road . CITY COUNCIL AGENDA - December 11, 2000 "1 ~ Page3of3 '. D. A Motion to Adopt a Resolution Approving a Commercial Site Plan (Att.#7D Planning Director's Memorandum; Proposed Resolution) E. Ratification of Terms of Approval- Shorewood Yacht Club (Att.#7E Applicant's Letter) 8. FINANCE A. Consideration of a Motion to Adopt a Resolution Approving the 2001 Budgets and Approving the 2000 Property Tax Levy Collectible in 2001 (Att.#8A Proposed Resolution) B. Consideration of a Motion to Adopt a Resolution Establishing the 2001 Pay Scale and City Insurance Contribution (Att.-#8B Proposed Resolution) C. Consideration of a Motion to Adopt a Resolution Authorizing the Transfer of Funds (Att-#8C Proposed Resolution) D. Consideration of a Motion to Adopt a Resolution Amending the 2000 General Fund Budget (Att.-#8D Proposed Resolution) E. Consideration of a Motion regarding Compensation for the Acting City Administrator Compensation (Att.-#8E Finance Director's Memorandum) 9. GENERAL 10. ENGINEERING/PUBLIC WORKS A. A Motion to Adopt a Resolution Approving Change Order for Eddy Station (Att.-#lOA Engineer's Memorandum, Proposed Resolution) B. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Enter Into an Agreement with the Minnetonka School District for Fiber Optic cable in the Right-of-way (Att.-#10B Agreement) 11. REPORTS A. Administrator & Staff 1. Gideon Glen 2. Skate Park 3. Eddy Station 4. County Road 19 Intersection B. Mayor & City Council 1. Excelsior Fire District 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12) 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 December 2000 .~ Agenda Item #3A: This motion approves the annual Agreement for Animal Impound Services with Paws, Claws, and Hooves for the Year 2001. There was no increase in the rate for services for 2001. Agenda Item #3B: This motion adopts the annual resolution to approve licenses for refuse collectors for the year 2001. Agenda Item #3C: This motion adopts the annual resolution to approve licenses for Tree Trimmers for the year 2001. . /, . Agenda Item #3D: This motion authorizes the Acting City Administrator to enter into an Agreement for Rink Attendant and Warming House Supervision Services for the 2000- 2001 ice skating season. Agenda Item #3E: ,This motion authorizes the Acting City Administrator to enter into an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facilities for the year 2001. The Contractor has requested a 5% increase for.the year 2001. Staff recommends approval of the contract. Agenda Item #3F: This motion authorizes the Mayor and Administrator to enter into a contract with Munitech Inc. The contract is for a two-year period with a 90-day termination clause. Staff is recommending approval of the contract. Agenda Item#3G: This resolution amends the Land Use Plan map in the Comprehensive Plan, changing the designation of the Shorewood Yacht Club's expansion parcel to "commercial" . You will recall that the subsequent rezoning to L-R will not take place until the Applicant has combined the parcels to the satisfaction of the City Council. Approval requires a four fifths vote by the Council. {) PRINTED ON RECYCLED PAPER ~ Executive Summary - City Council Meeting of 11 December 2000 Page 2 ()f 4 Agenda Item #3H: This motion authorizes an amendment for extension of the recycling contract with E-Z Recycling. The.good news is that residents will be able to switch to a "two sort system" i.e. paper-fiber (including box board) sort; and metal-glass-plastic sort The approved amendment is a three-year extension, with proposed rate increase for every year. Staff is recommending approval of this motion. Agenda Item #31: This resolution is a follow-up to the Mayor's effort at the Minnesota Association of Watershed Districts Conference. Essentially, it asks for other cities and government agencies to lobby the state for legislation limiting the use and sale of phosphorous lawn fertilizer. It is patterned after the ordinance adopted recently by the City. Note: The resolution will be distributed at the meeting Monday night. Agenda Item #3J: At its last meeting the Council directed staff to prepare a resolution approving a lot line rearrangement for the properties at 5285 and 5305 Shady Island Road. Approval of the resolution requires a simple majority vote by the Council. . Agenda Item #3K: In May of2000, the City entered into an Agreement with Hennepin County for the use of electronic data bases and electronic proprietary geographical digitized data base (referred to as EPDB). This resolution authorizes the extension of the EPDB Conditional Use License Agreement with Hennepin County for the year 2001. There is no fee for this License Agreement extension. Agenda Item #5: Mount Olivet Rolling Acres, Inc. wants to issue municipal revenue bonds to finance improvements to its site in Victoria and other cities, including Shorewood. A public hearing is scheduled for December 11, 2000 and a representative will be at the meeting to provide information and answer questions. A proposed resolution has been provided by their bond counsel to approve the Joint Powers agreement and provide for the issuance of revenue bonds under the Municipal Housing Programs act. . Agenda Item #7 A: Our Savior's Lutheran Church has requested a conditional use permit to expand their building at 23290 State Highway 7. The expansion is substantial in size and is to be used as a gymnasium for the church school and as a fellowship hall forthe church. Shorewood staff recommends approval, subject to a number of conditions. The Planning Commission voted 3-2 to recommend approval. The two dissenters preferred to table the matter pending the resolution of several items (e.g. revised landscape plan, screening of mechanical equipment, etc.). The action at this time is to direct staff to prepare a findings of fact for the next Council meeting (8 Jan 01). Approval will ultimately require a four fifths vote by the Council. Agenda Item #7B: Mr. James Russell has requested a setback variance that would allow him to structurally alter a nonconforming cabin at 26080 Birch Bluff Road. The roof of the cabin was damaged by a storm. Mr. Russell would like to put a foundation under the building before fixing the roof, but the building is too close to the right-of~way for the Third Street fire lane. Staff recommended approval of a lesser setback variance, subject to bringing the cabin more into conformance with the current zoning. This can be accomplished while the building is being jacked up for a foundation. The Planning . . Executive Summary - City Council Meeting of 11 December 2000 Page 3 of 4 Commission also suggested that the existing driveway to the property be moved off of the fire lane. Since there was no consensus on any type of approval the Commission did not recommend in favor of any variance. The Council should direct staff to prepare findings of fact for the 8 January 01 meeting. Agenda Item #7C: Steve Young has requested a conditional use permit to build an attached garage on his property at 26865 Edgewood Road. The garage, together with existing accessory structures on the property, exceeds 1200 square feet. The Planning Commission agreed with the recommendations of the City Planner to approve the C.U.P., subject to conditions. Approval of this resolution requires a four fifths vote by the Council. Agenda Item #7D: Triple B Equities LLC proposes to expand the existing pole barn at 24470 Smithtown Road. < As part of the expansion the applicant will reside the existing building and put a mansard roof all the way around it. The plans are consistent with the C-3 zoning of the property and the Planning Commission voted 4-1 to recommend approval, subject to conditions suggested by staff Approval requires a simple majority vote by the Council. Agenda Item #7E: Due to financing complications, John Cross requests reconsideration of the requirement that the expansion parcel of property for the Shorewood Yacht Club be combined for tax purposes. The City Attorney was directed to find an iron clad method of ensuring that if the parcels ever come under separate ownership, the new docks would be removed. The enclosed development agreement provides for a financial security and right of entry onto the property that would allow the City to perform the work if it ever became necessary. Mr. Cross now suggests that a protective covenant could be recorded against the land, ensuring that it could not be sold separately from the main marina site. Mr: Cross will appear at the Council meeting on Monday night to discuss this matter. Agenda Item #8A: On December 4, 2000 the City Council held its Truth-in- Taxation Public Hearing for the Proposed 2001 Budget and the payable 2001 Tax Levy. After a short presentation, the public had the opportunity to comment on the proposed budget and levy. The attached proposed resolution approves a final 2001 Budget and 2000/2001 Tax Levy. The levy must be certified to the County Auditor byDecember 28. Agenda Item #8B: The 2001 budget process included adjustments to city employee salary ranges and the City's contribution toward the employee insurance plan. The attached proposed resolution approves these adjustments to the pay ranges and sets the City's insurance contribution at $515 per month per employee as budgeted. The schedule provides for a 2% increase in January and a 2% increase in July. If adopted, the changes will be effective January 1,2001. Agenda Item #8C: The City Council budgeted transfer of monies to and from various funds for capital improvement and other purposes in the 2000 Operating and Capital Improvement Budgets. This resolution authorizes the transfer offunds as provided for in the budgets. Executive Summary - City Council Meeting of 11 December 2000 : Page 4 of 4 Agenda Item #8D: Certain expenditures were authorized during 2000 that were not included in the adopted 2000 budget. This resolution amends the budget for those additional expenditures. Agenda Item #8E: The City Council has expressed support for providing compensation to the Planning Director for the Acting Administrator duties he has provided the city during this past year. This memo outlines a compensation proposal and requires a simple majority motion by council. Agenda Item #10A: Eddy Station is nearing completion. As the City Council is aware, several requests for amounts to the contract have been submitted to the City. Staff has compiled a total "Change Order I" in the amount of $12,192.00. This represents a 3.48% increase in the contract. Staff is recommending approval of the resolution that approves Change Order 1 for City Project 99-22 in the amount of$12,192.00. . Agenda Item #lOB: This item is a resolution that authorizes C and L Communications to install a fiber optic network along Smithtown Road. Due to the complexity, this item will be delivered under separate cover, and described in detail Monday night. . ~ CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, NOVEMBER 20,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DRAFT. 1. CONVENE WORK SESSION MEETING Mayor Love called the meeting to order at 7:04 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None . B. Review Agenda Mayor Love read the agenda. Engineer Brown suggested moving Item 3 to Item 2 thus, allowing Chief Litsey to leave after his presentation. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. DISCUSSION ON POLICE FORMULA (This item was moved from Item 3.) . Mayor Love explained the South Lake Minnetonka Police Coordinating Committee had asked Police Chief Bryan Litsey to examine the Police funding formula statistics from the past twenty-eight years. This was done in an effort to examine options available for simplifying the "demand formula" currently being used by the South Lake communities. Mayor Love also explained issues of concern with the demand formula to be the amount of time being taken daily to log time spent in each of the communities, and the incident reports pose clerical problems when reporting sensitive information protected under the Data Privacy Act. Councilmember Stover stated she believed all South Shore residents should pay the same rate for police funding. Mayor Love stated the Police Department serves one area as a community, and he believed it was time to examine this issue for simplicity in determining funding amounts for the future. Police Chief Litsey then presented the findings of a report on a Funding Formula Study prepared for the South Lake communities. He noted the difficulties encountered in trying to prepare an annual budget utilizing the "demand formula" which included dealing with a cumulative percentage increase in the budget in certain years for certain cities and not others. Also, he reported the possibility of a city to try to manipulate costs by requesting less time be spent in a city rather than letting the determination be based on public safety. In addition, he explained this method of funding to be extremely labor intensive for the officers, noting that it would be possible for an officer to travel through each municipality in the course of a few minutes while responding to a call. That time, under the current formula, must be accounted for to the quarter hour for each officer on each shift, thus, detracting from other more pressing duties. Over the course of a year a weekly average of forty-eight shifts would calculate into 832 hours spent filling out log sheets as part of this funding. . Chief Litsey also explained he did not want to revisit the "equity issue", rather he would like to see a fair formula based on a historical rate of funding for cities. " :ttJ.A CITY COUNCIL WORK SESSION MINUTES - November 20, 2000 Page 2 of3 \. Councilmember Stover stated the historical concerns regarding the formula funding to be equity issues surrounding the amount of time spent by officers in Excelsior versus the surrounding suburban areas. She also stated in thinking of all these areas as one community, it would be important to spread funding as equally as possible among all residents. Councilmember Zerby commented he liked the idea of reducing the clerical time for officers allowing them to be more productive in other duties, but questioned how to encourage police to have time in Shorewood. Chief Litsey responded residents should notify the Police Department directly about needs of an area. He noted he tried to address issues directly with citizens and shared any follow-up measures taken as a result of their request. Chief Litsey thanked the Council for consideration of this matter and hoped the information presented was informational. Mayor Love thanked Chief Litsey for his time related to this matter and noted it had taken a lot of work to present this matter. 3. BUDGET DISCUSSION ON ENTERPRISE FUNDS (This item was moved from Item 2.) Finance Director Burton explained Enterprise Funds were like city businesses operating on services being sold. Further, she stated she would be pointing out highlights found in the Liquor Operations, Water Operations, Sanitary Sewer Fund, Stormwater Management, and Recycling budgets for the upcoming year. . A. Liquor Finance Director Burton explained Liquor Operations Manager Don Swandby was present this evening as well to answer any questions from Council regarding the Liquor budget and other related concerns. 1. Budget Document Director Burton stated the Liquor Operations Budget would assume an increase in sales for the entire operation of approximately 9.5%. Gross profit was projected to increase approximately 16%, while net income was expected to increase substantially. Certain capital improvements were being contemplated . for the Shorewood Plaza store. Mayor Love expressed his gratitude to Liquor Operations Manager Swandby, Finance Director Burton, and Liquor Committee members Zerby and Garfunkel for time spent in dealing with issues sUlTounding the liquor operations in the past year. 2. Waterford Downsizing Discussion Councilmember Stover questioned Liquor Operations Manager Swandby about disadvantages to downsizing this store. While he noted there were a few disadvantages to doing so, he believed the advantages were fiscally intelligent. Much discussion ensued regarding the Tonka Bay Liquor store. Mayor Love stated all options should be examined, and he would like to take an equal and balanced approach in determining which option would prove most beneficial to the City. Councilmembers agreed it was important to discuss all potential options, including a continuation of the current partnership with representatives of Tonka Bay prior to a final determination on which option would best benefit the City. CITY COUNCIL WORK SESSION MINUTES - November 20, 2000 Page 30f3 t Councilmember Zerby expressed concern regarding the potential traffic increase on Smithtown Road, should Council decide to pursue moving the liquor operations in that area to a different site. B. Water Budget The City had approximately 1,590 connections to the City Water System in the Year 2000. While, the 2001 budget projections show this fund operating at a deficit due to the absence of monies derived from a previous contract with the City of Victoria, alternate sources of revenue were being considered for future budgets. Annual review of the water rates and other funding sources were being investigated as possible alternatives for those future funding sources. Engineer Brown noted it would be important to be proactive in conducting a rate structure study to determine the long-term outlook for rates related to this fund. C. Sewer Budget . This fund appeared to be in good position financially. Engineer Brown reported new cell phones with autodialers would become part of the lift station enhancements for the upcoming year. In addition, he recommended entering into an agreement with the cities of Excelsior and Tonka Bay to share the expenses of a vacuum truck used for sanitary sewer cleaning. He noted the risks encountered by city workers in the past when utilizing current procedures. He further explained that the $45,000 cost incurred in sharing the vacuum truck would seem well worth it should a human be injured during these cleaning procedures. Finance Director Burton noted the budget would need to be changed to reflect this potential amount of expenditure for this fund. D. Storm water Management and Recycling Budget . These funds were not anticipated to experience substantial change in the upcoming year. Finance Director Burton reported the City would continue to receive approximately $21,000 from the Hennepin County Grant Funds through 2004. 4. ADJOURN Stover moved, Zerby seconded, adjourning the November 20, 2000, City Council Work Session Meeting at 9:38 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, NOVEMBER 27,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES Mayor Love called the meeting to order at 7:00 P.M. ORJ\f1 1. CONVENE REGULAR COUNCIL MEETING A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Attorney Keane . B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen noted there would be an Executive Session Meeting immediately following this Council Meeting to discuss issues regarding the Gideon Glen billboard litigation. Mayor Love requested Item 9B, A Discussion on Fertilizer Legislation, be added to this evening's Agenda as well. Lizee moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 5/0. C. Presentation by Ken Jarco, City's Insurance Agent Mr. Ken Jarco, the City's Insurance Agent and a partner in the Ken Jarco Insurance Agency, provided a brief presentation of the City's property and liability insurance coverage. He noted the coverage was made available through the League of Cities Insurance Trust. He explained there was a reduction in the annual premium this year of approximately seven thousand dollars due to current loss experience. . Attorney Keane arrived at 7:04 P.M. Councilmember Zerby asked Mr. Jarco if this coverage included well coverage. Mr. Jarco responded the City had the broadest coverage available in terms of boilers and machinery. While he could not answer specifically as to whether a certain well outage would be covered, he recommended the City submit any claims of this nature for final determination by the League of Cities Insurance Trust. Mayor Love thanked him for his presentation before the Council. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of November 13, 2000 Lizee moved, Zerby seconded, approving the City Council Regular Meeting Minutes of November 13, 2000, as amended on Page 5, Paragraph 4, Sentence 2, change "Borkin" to "Borkon." Motion passed 5/0. *~5 CITY COUNCIL MINUTES - November 27, 2000 Page 2 of 7 3. CONSENT AGENDA Garfunkel moved, Stover seconded, approving the Motion contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-110, "A Resolution Providing for Delinquent Utility Charges to be Levied." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. In the interest of Chief Litsey's time, Mayor Love requested Item 7B, A Discussion on South Lake Minnetonka Police Department Formula, take place at this time. Council agreed. South Lake Minnetonka Police Chief Bryan Litsey thanked the Council for moving this item. He briefly reviewed the discussion held by Council at the November 21,2000, Work Session Meeting. He noted a recommendation was before the Council and asked for a response to this issue. Mayor Love stated this recommendation would authorize the Mayor to act as spokesperson for the Council in showing Shorewood's consensus of approval for the new formula. He also noted all other City Councils involved would have to show approval as well before the new formula would become effective. . Councilmember Zerby asked if Chief Litsey believed this matter would need to be revisited prior to the next renewal period. Chief Litsey responded it would be doubtful there would be a need to revisit this issue before the end of the remaining seven year term. Zerby moved, Lizee seconded, approving the Mayor to act as spokesperson for the Council showing Shorewood's consensus of approval for the new formula in action taken by the Police Coordinating Committee. Motion passed 5/0. Chief Litsey thanked Council for their time in consideration of this issue. . 5. PARKS A. Report on Park Commission meeting of November 14, 2000 As there was not a representative from the Park Commission available to make a report this evening, Engineer Brown reported on the November 14, 2000, Park Commission Meeting (as detailed in the minutes of that meeting.) 6. PLANNING Mayor Love recused himself from the discussion and action of Item 6A, as he had a previous business association and working relationship with the applicants in this matter. Councilmember Stover acted as Mayor for all discussion and action on this matter. CITY COUNCIL MINUTES - November 27, 2000 Page 3 of7 .. Commissioner Turgeon reported on the October 3,2000, and November 21,2000, Planning Commission Meetings. A. Shorewood Yacht Club 1. A Motion to Adopt a Resolution Approving an Amendment to the Shorewood Comprehensive Plan - Land Use Plan Director Nielsen confirmed Councilmember Zerby's understanding that this Resolution was not available for action this evening. This resolution would be on the December 11, 2000, Regular City Council Meeting Agenda. 2. A Motion to Adopt an Ordinance Amending the Zoning for the Shorewood Yacht Club from R-IA/S and R-3A/S to L-R, Lakeshore Recreational . Director Nielsen noted the applicant was still trying to arrange financing for the legal combination of parcels relative to this matter. Councilmember Lizee stated she was very hesitant to make or vote on any motion related to this matter until those lots were legally combined as requested earlier in this process. Attorney Keane assured the Council this matter could be brought before the Council again for review in ninety days if the combination had not been approved in that timeframe. Also, Attorney Keane stated no permits for any work on the site would be issued until these parcels were combined. Garfunkel moved, Zerby seconded, adopting ORDINANCE NO. 368, "An Ordinance Amending the Zoning for the Shorewood Yacht Club from R-IA/S and R-3A/S to L-R, Lakeshore Recreational," subject to withholding the publication for ninety days until the Applicant demonstrates evidence of joinder of the property. If the Applicant fails to do so in ninety days, this Ordinance will be brought back to the City Council for reconsideration. Motion passed 4/0. 3. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. . In review of the proposed resolution, Director Nielsen noted he had reviewed a previous resolution related to this matter from 1979, and had incorporated minor additions into this resolution from the 1979 resolution. He had picked items that were appropriate to this matter, but had not been addressed in this process prior to this evening. He stated he had spoken to Mr. Cross, the applicant, and Mr. Cross ha,d only one comment related to the number of power boats requested for dockage. Mr. Cross had previously expressed a need for two power boats, but would now like permission to dock three boats on site in addition to a weed harvester-one of these would be a workboat used for towing boats back to the Yacht Club in the event of problems, a second would be a cabin cruiser for use as a race commissioned vessel, and a third runabout~style boat would be used as part of the sailing camp. Another item addressed in the 2000 resolution included the ownership of the dock as related to the property owners at 5585 Timber Lane. Council member Lizee noted these matters required passage by the City prior to Lake Minnetonka Conservation District approval. CITY COUNCIL MINUTES - November 27, 2000 Page 4 of 7 ,; Councilmember Stover confirmed the inclusion of Item "t." stating no permits would be issued without meeting previous conditions set forth in this process. Much discussion ensued related to the wording of Item "t." with final determination being a request for the item to read, "Prior to any further work alterations, including but not limited to dock pilings or expansion, being done on the site, the Applicant must provide evidence that the land described on Exhibit A, attached hereto and made a part hereof, has been legally combined into one tax parcel." Garfunkel moved, Zerby seconded, adopting RESOLUTION NO. 00-111. "A Resolution Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. Motion passed 4/0. Acting Mayor Stover returned the gavel to Mayor Love for action on the remainder of the Agenda items. B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country Club Applicant: Bo Witrak representing the Minnetonka Country Club Location: 24575 Smithtown Road . Director Nielsen reviewed background on this matter, noting this matter had been approved by Council in 1998, however, the construction had not taken place prior to expiration of that permit. While conclusions were still valid from the previous application, the applicant had resolved the golf cart storage issues of concern to nearby residents through the proposed screening with shrubbery along the westerly lot line to take place next spring. Councilmember Lizee confirmed the golf carts would be parked beneath the new overhang area created in the construction of the ballroom addition. Zerby moved, Stover seconded, adopting RESOLUTION NO. 00-112 , "A Resolution Approving a Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country Club for Bo Witrak representing the Minnetonka Country Club, 24575 Smithtown Road." Motion passed 5/0. C. A Motion Directing Staff to Prepare a Resolution Approving a Lot Line Rearrangement . Director Nielsen provided historical information related to this matter. He noted this request would allow the lots to comply more equally with the Rl~C zoning district. Also, this matter was only slightly complicated by the fact that with the subdivision, the existing Shenehon cabin would become nonconforming. In addition, the applicants plan to sell the property, and the new owner planned to demolish the cabin in the spring. Wheeler Smith, attorney for the current property owners, addressed Council, noting he would be available for any questions anyone may have of him. Gerald Goodlund, owner of the adjoining property, also addressed Council and stated the cottage had been there for fifty years, and he had no objection to the cottage remaining an additional two months as requested by the buyer for the property. He also stated, it would be nice environmentally to allow the '" CITY COUNCIL MINUTES - November 27, 2000 Page 5 of7 new property owners to dismantle the cottage with care in an effort to save some of the building materials. Councilmember Lizee commented it was nice to see this matter being worked out between neighbors, however, a precedent of six months had been set for demolition in other cases and an extension typically would be easy to obtain if the demolition could not take place in that time frame. Lizee moved, Stover seconded, Directing Staff to Prepare a Resolution Approving a Lot Line Rearrangement. This Resolution should be drafted with a deadline of June 30, 2001, and if applicant needs an extension, a request should be made prior to expiration of the deadline. Motion passed 5/0. 7. GENERAL A. Motion Authorizing Transfer of Funds for the Gideon Glen Land Acquisition. . Zerby moved, Lizee seconded, authorizing Transfer of Funds for the Gideon Glen Land Acquisition. Attorney Keane commented that all best efforts by all parties came together to allow the closing for this property to take place on November 28,2000, and it should be a great day! Motion passed 5/0. B. Discussion on South Lake Minnetonka Police Department Formula This item was discussed previously in the meeting immediately after Item 4 on the Agenda. C. A Motion to Approve a Letter of Understanding Regarding the Hiring of a City Administrator/Clerk . This item was inadvertently skipped at this time, and can be found under Item 9A4. 8. ENGINEERINGIPUBLIC WORKS Engineer Brown stated there were nothing to report at this time. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love stated he had nothing further to report at this time. 2. Skate Park Engineer Brown reported the actual equipment for the Skate Park had been purchased. CITY COUNCIL MINUTES - November 27, 2000 Page 6 of 7 ~ 3. Eddy Station Engineer Brown stated the project was moving along nicely. Eddy Station was enclosed, and the interior construction was taking place. A substantial completion date was targeted as January 15,2001. 4. County Road 19 Intersection There was nothing new to report on this matter at this time. At this time, Council agreed to discuss and take action on Item 7C on the Agenda. Director Nielsen happily reported Mr. Craig Dawson, current City Manager for the City of Excelsior, Minnesota, was offered the position of City Administrator for Shorewood. A "start date" for this position would be January 2, 2001. Lizee moved, Stover seconded, Approving a Letter of Understanding Regarding the Hiring of a City Administrator/Clerk. Motion passed 5/0. . B. Mayor & City Council Mayor Love introduced an observer at this meeting as Paul Winkelman, of Boy Scout Troop No. 345, who stated he was observing the meeting as part of conditions needed to earn his Communications Merit Badge. Mayor Love and Council welcomed him as part of the audience at this meeting. 1. Excelsior Fire District Mayor Love reported there were seven candidates for District Fire Chief which would be narrowed to three candidates. A final candidate would be brought to the Fire Board and hiring would commence in December. He noted temporary quarters had been rented in Excelsior for Fire District offices. This close proximity to the current fire station would allow the Fire Chief and Fire Marshal to respond quickly to calls. . In answer to Councilmember Stover's question, Mayor Love explained possible locations of fire stations. He explained the Excelsior Fire District would be acting as a fire department for all cities. Noting the current fire district had been in place for approximately fifty years, Mayor Love stated the creation of the Excelsior Fire District would be one of the biggest investments in infrastructure for quite some time. 2. Discussion on Fertilizer Legislation Mayor Love explained the Minnesota Association of Watershed District would be meeting in the near future. As part of discussions at this meeting, it was anticipated there would be information shared related to the findings that phosphates in turf fertilizer were deemed to be a waste of resources. Also, as part of these discussions, he noted Shorewood's recent resolution related to the restrictive sale of phosphate fertilizers could possibly be used to help formulate wording for a proposed metro wide resolution of similar nature. He asked for discussion by Council with final consensus supporting this action at the upcoming Watershed District meeting. CITY COUNCIL MINUTES - November 27, 2000 . Page 7 of7 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of November 27, 2000, to Executive Session, subject to the approval of claims at 8:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator . . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, NOVEMBER 27,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:45 P.M. .c MINUTES \)f\ f~ 1. CONVENE EXECUTIVE SESSION MEETING Mayor Love called the meeting to order at 8:47 P.M. A. Roll Call Present: Mayor Love, Councilmembers Garfunkel, Lizee, Stover and Zerby; Attorney Keane; Planning Director Nielsen; Finance Director Burton; and Engineer Brown. . Absent: None B. Review Agenda 2. DISCUSSION ABOUT ELLER MEDIA LITIGATION Attorney Keane provided an update related to the Eller Media litigation and settlement. 3. ADJOURN Zerby moved, Lizee seconded, adjourning the Executive Session at 9:27 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Recording Secretary . Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator ~~c , CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 4, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Stover, and Zerby; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Attorney Keane and Councilmember Garfunkel . B. Review Agenda Mayor Love reviewed the Agenda. He requested the addition of Item 4A, A Discussion on Employee Compensation. Councilmember Stover requested the addition of Item 4B, A Discussion on the Well Building Upgrade. Stover moved, Zerby seconded, approving the Agenda as amended. Motion passed 4/0. 2. CONSENT AGENDA A. A Motion Setting the December 2000 Regular Council Meeting Schedule for December 11, 2000. Zerby moved, Lizee seconded, Setting the December 2000 Regular Council Meeting Schedule for December 11, 2000. Motion passed 4/0. . 3. TRUTH IN TAXATION PUBLIC HEARING Mayor Love opened the Truth in Taxation Public Hearing at 7:08 P.M. Finance Director Burton presented the 2001 Proposed Annual Operating Budget. She explained the purpose for this hearing to be a review of the Operating Budget, as well as discussing budget and levy changes. In addition, she noted the public was invited to comment on the budget. She also explained the Council could increase, but not decrease, the levy limits as per state statute. In providing an overview, she noted the City of Shore wood would collect approximately fifteen cents from every tax dollar paid by the citizens as part of this budget. She also provided a calendar of events related to the budget preparation. There were several funds to be reviewed in the budget. The first was the General Fund which anticipated a 7% increase from the past year's budget. In preparation of the budget, the removal of levy limits, and the desire to maintain a stable General Fund balance were considered. The General Fund helped to pay for most day to day operating expenses. Proposed revenues included a decrease in licenses and permits :Jf.~D CITY COUNCIL SPECIAL MEETING MINUTES December 4, 2000 Page 2 of 4 .' due to a reduction in building permits of approximately $55,000. To offset this reduction, an increase in taxes of approximately 12% was being considered. Proposed expenditures included spending in the areas of General Government-Administration and Professional Services, Public Safety (such as Police and Fire Protection), Public Works, Parks and Recreation, Capital Transfers (funds which help to fund other future projects such as street projects), and a Contingency Fund used to handle emergency situations that may not be previously planned in the budget. The change in tax levy was approximately twelve percent which translated into approximately four percent in the city portion of taxes. This percentage was the same amount of percentage increase found in 1999. Reasons for the tax levy increase included a decrease in revenue for building permits, as well as other decreased revenues and increased expenditures, such as police and fire department requests, long term disability benefits for employees, and various other operating expense requests. Director Burton reviewed a timeline of taxes for City residents and noted the Council had done a good job of keeping expenditures fairly level in the past ten years. Director Burton next explained the Enterprise Funds to be like self-supporting city businesses operating . on services sold to residents. The first of these was the Water Fund, which was comprised of two subfunds: Water Operations and Water Debt Service. The Water Operations Fund included revenues received for the sale of water and other miscellaneous revenues, and the expenses for operation and maintenance of the water system. While there are two planned interconnections occurring in the Year 2001-the Woodhaven Well and the Boulder Bridge pump repair, this fund expected little change from last year's budget. The Water Debt Service Fund accounted for the accumulation of resources for future debt retirement and for the annual payment of principal and interest on current water system debt. Rates for water were raised in the Year 2000, but were not expected to increase this year. A review of these rates would be in order for the Year 2001. The Sewer Fund was another Enterprise Fund for the City. There were 2,705 connections in the City, and approximately a one and a half percent increase was planned due to an increase in the Munitech contract, which provides sewer services to the City. Also contributing to the increase was the proposed refurbishment of the Shady Island and Birch Bluff lift stations. . The Recycling Fund expenses would remain approximately the same as in the past year. No increase in the residential recycling fee provided by E-Z Recycling was anticipated in this budget. The Stormwater Management Fund included a few projects, such as the Edgewood Road project. Fees and revenues would repay an interfund loan used in the acquisition of the Gideon Glen property. The Liquor Fund anticipated a nine percent increase in revenues for this budget. This continued a trend toward profitable operations. Overall, Director Burton summarized, a resident owning a property valued at approximately $225,000, could expect to pay taxes in the amount of $3,987. The City's portion received would be approximately $611. For these tax dollars, residents continued to receive quite a value in city services, such as police and fire protection, snow removal, maintenance, and parks. CITY COUNCIL SPECIAL MEETING MINUTES December 4, 2000 Page 3 of 4 Julie Scheurer, Edgewood Road, was the sole audience member and upon invitation from the Mayor, questioned the Council on the development of trails in her neighborhood. Mayor Love responded a trail walk had been completed in that area, however, no formal trail plans were being discussed. Engineer Brown also added there had been no funds expended toward placement of trails in that neighborhood. Mayor Love stated trail plans depend on the neighborhood input, and Ms. Scheurer would certainly be notified in the event plans for such trails in that area were a possibility. Ms. Scheurer also commented, with regard to use of soft shoulder trails, it was her understanding that government studies had not found soft shoulder trails useful or safe for bicycles-only walking. The Public Hearing was closed at 7:25 P.M. . The Council had no further questions. They complimented Finance Director Burton on her budget presentation. 4. DISCUSSION A. A Discussion on Employee Compensation The Council discussed the possibility of providing Planning Director Nielsen with additional compensation for the past year's service as Acting Administrator. Council supported this idea. B. A Discussion on the Well Building Upgrade Councilmember Stover requested the well building near the Southshore Community Center be considered as a potential project. She noted a meeting with the Friends of the Southshore Center prompted this request as they were possibly thinking of expansion, and there had been previous conflict related to the scheduled use of the nearby football field. . Mayor Love stated he would like to look at a list of options related to the parking issues in this area. Also, alternatives for signage should be considered for the future. Engineer Brown stated he realized the well building was in need of repairs, however, expenditures from the Water Funds made this difficult to attempt at this time. Further, he noted the anticipated repairs would be substantial. As part of a different matter, Mayor Love stated he had briefly spoken with Mayor-Elect Terry Haugland, from Excelsior to discuss the possibility of sharing of city services. He noted his perception was that this would be more like a strategic alliance in trying to work with Excelsior, rather than having separate plans for each city. He noted the guiding principles in having these discussions was the possibility of doing strategic planning with both cities in an effort to provide better services to residents. He noted this would not include any downsizing, and there would certainly not be any loss of jobs for anyone. A meeting will be held on December 13,2000, with Mayor-Elect Haugland, Excelsior Councilmember Dick Mueller, Shorewood Councilmember Zerby, and Mayor Love to discuss possible ideas related to this matter. He planned to report back to Council on this meeting at a later date. CITY COUNCIL SPECIAL MEETING MINUTES December 4, 2000 Page 4 of 4 ~ 4. ADJOURN Lizee moved, Stover seconded, adjourning the City Council Special Meeting of December 4, 2000, at 7:43 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator . . "---~--_.- .~ fE' tr::::, l? n 1i\ il r c-' r 'DI,EII...r:-ii::::J': ...,:'Ir=::lr' 'm1-DEC 06 200n ill i i . IUl I[J, ANIMAL CONTROL IMPOUND CONTRACT 1~11. :d This contract represents an agreement between the City of SHOREWOOD and Paws, Cla~Uuu.v~J).a._.~ Boarding (PCR) to provide animals impound services for stray dogs and cats. Impound service will be provided 24 hours daily. Normal business hours (seven (7) days a week except Holidays) are Monday through Saturday 9:00 a.m. to 12:00 p.m. and 3 :00 p.m. to 6:00 p.m. and Sunday 1 :00 p.m. to 4:00 p.m. After hours, animals may be installed in the POLICE KENNELS on the SOUTHEAST side of ~e building and all paperwork depositeQ in the mailbox attached to the building. ANIMALS WILL BE IMPOUNDED ONLY BY AN AUTHORIZED REPRESENTATIVE. The stray animal must be transported by an official to the impound facility, Paws, Claws & Hooves, 10500 Great Plains Boulevard, Chanhassen, located at Highway intersections of212 and 101, entrance on North 101. Animals impounded will be held for five working days, excluding the first day, as required by Statute 35.71 and if not claimed by the owner, will become the property ofPCH, to be adopted into a new home or euthanized at its discretion. Every attempt will be made by tbe City to locate the owner(s) of stray pets. Known owners of unclaimed pets will be reported to the City for possible fee collection. . If the animal is claimed by the owner, the owner will pay all boarding costs. With prior authorization, PCH may collect fines for the city during hours when the city is not open for business. Fines or license fees collected by PCR will be paid to the city involved. PCH shall keep all boarding fees. The monthly service Rate assigned is $57.00 per month and may be paid in advance. Impounding fees for unclaimed animals will be billed monthly at the following rates: Domestic Animals: $20.00 per day, two day minimum. Additional Services when required due to space needs or if unclaimed: Distemper $36.00 Rabies $24.00 Bordetella $24.00 Flea Bath $35.00 . EUTHANASIAlDISPOSAL FEE = $100.00 per animal. Adoption fee is $40.00 per animal. All fees charged are subject to applicable tax. Unclaimed animals become the property of PCR. If an animal is not considered adoptable (age, condition, illness, temperament, etc.) PCH will euthanize by lethal injection by a Veterinarian. On the rare occasion that an injured or terminally ill animal is impounded PCH will determine, with the help of a Veterinarian, what is best for the animal. If the animal is suffering it may be euthanized immediately and the euthanasia and disposal fees will be charged to the owner, if known, or the city. This contract runs from January 1, 2001 to December 31, 2001 and may be reinstated on an annual basis. This contract may be terminated by either party upon sixty (60)days written notice prior to contract terminating ~CL~C~ Paws, ClaWs and Pet Boarding (612) 445-6403 \d--/\./OD Date City Administrator or Clerk Date City Mayor Date $31\ CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS WHEREAS, the Shorewood City Code Section 507.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said Section proyides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this application and fulfilled the requirements for the issuance of a License for Refuse Collection. . NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Refuse Collection be issued for a term of one year, from January 1,2001 to December 31, 2001, to the following applicants: Permit # 01-001 Firm Name Blackowiak & Son Address 1195 Sunnyfield Rd N. Mound, MN 55364 01-002 Waste Technology Inc. 5232 Hanson Court Crystal, MN 55428 . 01-003 Chaska Sanitation 731 Victoria Dr Chaska, MN 55318 01-004 Waste Management 12448 Pennsylvania Ave S Savage, MN 55378 01-005 Randy's Sanitation 4351 U.S. Hwy. 12 SE Delano, MN 55328 01-006 Waconia Rolloff P.O. Box 196 Waconia, MN 55387 01-007 Ray Anderson & Sons 930 Duluth Street St. Paul, MN 55106 ~36 Resolution No. 00- Page 2 ADOPTED by the City Council of the City of Shorewood this 11th day of December, 2000. WOODY LOVE, MAYOR ATTEST: . BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR . CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmers. . NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: . That a License for Tree Trimming be issued for a term from January 1, 2001 to December 31, 2001, to the following applicants: Permit # Firm Name Address 01-008 Shorewood Tree Service 14015 Co. Rd. 122 Watertown, MN 55388 01-009 Davey Tree Expert Company 1500 N. Mantua St. Kent, Ohio 44240 . 01-010 Viking Land Tree Care, Inc. 9715 Fenner Ave. S .E. Delano, MN 55328 ADOPTED by the City Council of the City of Shorewood this 11th day of December, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR 4f3c. 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 FROM: Mayor and City Council Brad Nielsen, Acting City Administrator n ~~ Larry Brown, Director of Public Works W December 7,2000 TO: . DATE: RE: A Motion Authorizing the Mayor and City Administrator to Enter into an Agreement for Warming House Supervisor for the Winter Season of 2000-2001. Attached is the proposed contract for Rink Supervisor. Mr. Don Rogers has provided rink supervision the last three winter seasons. This position was created to assist rink attendants in the routine problems that arise while on duty, and to insure that a safe and supervised environment exists for the public to enjoy ice-skating. . Staff is convinced that while some facilities still experience vandalism, the addition of a Rink Supervisor has decreased these incidents dramatically. Don has insured that attendants show up promptly, performs random checks on the warming houses, and officiates over the normal issues that arise during the rink attendant shifts. Don has done an excellent job over the past three ye~rs in this capacity . Therefore, Staff is recommending that the City Council authorize the Mayor and Acting City Administrator to enter into an agreement with Mr. Don Rogers for the position of Warming House Supervisor for the winter season of2000-2001. n . '"'~ PRINTED ON RECYCLED PAPER 1f: 3b INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT, made this day of December 2000, by and between THE CITY OF SHOREWOOD, a Minnesota municipal City, (the City) and Don Rogers (the Contractor) . INTRODUCTION: WHEREAS, the City is a Minnesota-municipal City engaged in the business of providing municipal services; and . WHEREAS, the City desires to retain the Contractor to provide Rink Attendant and Warming House Supervision Services and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein (the Agreement) . NOW, THEREFORE, in consideration of the mutual promises contained herein, IT IS HEREBY AGREED: 1.) Term - The term of this Agreement shall commence on the date hereof and shall continue for the 2000-2001 ice skating season commencing on December 15, 2000 and ending approximately March 1, . 2001 unless terminated earlier as provided herein by Section 6. 2.) Extent of Services The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may be engaged. The Contractor is not in any way granted an exclusive right to undertake rink attendant and warming house supervision services for the City. (a) The Contractor is responsible for the supervision of all rink attendants from 3:30 PM until 9:00 PM (Mondays- Thursdays), 3:30 PM until 10:30 PM (Fridays), 9:00 AM- 10:30PM (Saturdays), and 12 Noon until 9:30 PM (Sundays). (b) The Contractor will monitor warming houses, checking for cleanliness, needed repairs/equipment. ~~D (c) The Contractor will monitor rink attendants, performing "spot checks" to make sure attendant is present and doing their job properly. (d) The Contractor will oversee work schedules and be prepared to find replacement or to assume rink attendant duties in an emergency. (e) The Contractor will track ice conditions through the Public Works Department and radio/television weather reports and inform rink attendants if rink should be posted "Closed". (f) The Contractor will keep City Staff informed of incidents and accidents. (g) The Contractor will coordinate work with the Parks Secretary and Executive Secretary/Deputy Clerk. (h) The Contractor is responsible for all costs associated with providing this service other than those specifically provided for in this Agreement. (i) The Contractor shall prepare a daily Shift Report indicating the time at which contacts were made at each of the three rinks, and any other relevant information. These shift reports will be given to the Parks Secretary on a weekly basis. 3.) Reauirements (a) The Contractor shall be able to: Lift 25# above shoulder; push, pull, and carry snowblower, shovel, hockey nets or vacuum cleaner; and bend, stoop, reach. (b) Contractor shall have the ability to handle people tactfully and effectively. (c) The Contractor shall be able to handle an emergency situation. (d) The Contractor will be able to accurately maintain records. (e) The Contractor shall be at least 19 years of age. 4.) Remuneration - Subject to the provisions of Section 6, said City agrees to pay the Contractor $125.00 per week in accordance with the City's general payment practice for consulting work. The . . Contractor will be responsible for billing the City after the completion of each week. 5.) Tools and Transportation - The Contractor is responsible for, and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 6.) Performance - The Contractor agrees to perform all work in a professional manner. 7.) Termination - In addition to expiration of the term specified in Section 1, either party may unilaterally terminate this Agreement for any reason. Such termination shall be effective . upon receipt of written notice by the non-terminating party. . 8.) Contractor's Obliaations Upon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in his/her possession and discontinue further representation of himself/herself as an independent contractor of the City 9.) Nature of Relationship - The Contractor shall conduct his/her business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax, FICA, Social Security withholding and unemployment insurance purposes. Neither the City nor the Contractor shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of the Contractor's business or caused by the Contractor's actions, failure to act, conduct, or negligence. The Contractor agrees to indemnify and hold the City harmless for any act, failure to act, conduct, or negligence pursuant to this Agreement. As an independent contractor, the Contractor shall be responsible for the payment of all income or other taxes incurred as a result of remuneration paid to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. ? Finally, as an independent contractor, the Contractor shall not receive any of the fringe benefits or participate in any of the plans, arrangements or distributions that the City provides to its employees. 10.) Indemnitv - The Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs and expenses incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorneys' fees and expenses. Upon notice by the City, the Contractor shall defend the City in any such action or proceeding. ~ 11.) Entire Aqreement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. 12.) Severable - In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. ~ 13.) Bindinq Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. 14.) Notices - Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. '" , . IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY: THE CONTRACTOR: By: Bradley J. Nielsen Acting City Administrator Don Rogers . . AGREEMENT TO PROVIDE CLEANING SERVICES AT SHOREWOOD CITY HALL AND PUBLIC WORKS FACILITIES THIS INDEPENDENT CONTRACTOR AGREEMENT, made this _ day of , 20_ by and between THE CITY OF SHOREWOOD (a Minnesota municipal City, (the City) and Senior Community Services (the Contractor). INTRODUCTION: WHEREAS, the City is a Minnesota-municipal City engaged in the business of providing municipal services; and . WHEREAS, the City desires to retain the Contractor to provide Janitorial Services by Drew Kriesel, 726 80th Street, Victoria, Minnesota, and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein; and WHEREAS, the Contractor will, pursuant to this agreement, render services in the course of an independent occupation representing the will of the City only as to the result of the work and not as to the means by which it is accomplished. NOW, THEREFORE, in consideration of the mutual promises contained herein, IT IS HEREBY AGREED: 1) Term - The term of this Agreement shall be from January L 2001 through December 3 L 2001 unless terminated earlier as provided herein by Section 7. The parties may extend the term for an additional twelve (12) month period by written agreement. 2) Extent of Services - The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may be engaged. The Contractor is not in any way granted an exclusive right to undertake janitorial services for the City. . (a) The Contractor will be paid $266.25 per month for the cleaning of City Hall and $179.15 for the cleaning of the Public Works Facility. (b) The Contractor will perform all services listed on Exhibit A and attached hereto. (c) The Contractor will coordinate work with the Executive Secretary/Deputy Clerk. (d) The Contractor is responsible for all costs associated with necessary cleaning equipment and required insurance. (e) The Contractor will be available on an on-call basis, when available. 3) Remuneration - Subject to the provisions of Section 6, said City agrees to pay the Contractor amount per month specified above in accordance with the City's general payment practice. ~3~ 4) Tools and Transportation - The Contractor is responsible for, and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 5) Performance - The Contractor agrees to perform all work in a professional manner and in accordance with industry standards. 6) Telmination - In addition to expiration of the term specified in Section 2, the Contractor or the City may unilaterally terminate this Agreement for any reason. Such termination shall be effective upon receipt of written notice by the non-terminating party. 7) Contractor's Obligations Upon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in hislher possession and discontinue further representation of himself/herself as an independent contractor of the City. 8) Nature of Relationship - The Contractor shall conduct hislher business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax and unemployment insurance purposes. Neither the City nor the Contractor shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of the Contractor's business or caused by the Contractor's actions, failure to act, conduct, or negligence. The Contractor agrees to indemnity and hold the City harmless for any such act, failure to act, conduct, or negligence pursuant to Section 10 of this Agreement. As an independent contractor, the Contractor shall be responsible for the payment of all income or other taxes incurred as a result of remuneration paid to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. Finally, as an independent contractor, the Contractor shall not receive any of the fringe benefits or participate in any of the plans, arrangements or distributions that the City provides to its employees. 9) Worker's Compensation Insurance - The Contractor agrees to maintain, at his/her own expense, worker's compensation insurance to fully protect both the Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. The Contractor agrees to waive, and does hereby waive, any responsibility of the City to provide Worker's Compensation Insurance to the Contractor. 10) Indemnity - The Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs and expenses incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorney's fees and expenses. Upon notice by the City, the Contractor shall defend the City in any such action or proceeding. . . 11) Entire Agreement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. 12) Severable - In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 13) Binding Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. . 14) Notices - Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY: By: Bradley J. Nielsen Its: Acting City Administrator Dated . THE CONTRACTOR: By: Benjamin Withhart Dated APPROVED AS TO FORM By: Timothy Keane, City Attorney Dated * Exhibit A Janitorial Services Contract Dated: December 11. 2000 The Contractor shall permit the following services in the timeframe described: Areas to be Cleaned Include: o Entrance and Reception Area o General Offices o Private Offices o Washrooms o Kitchenette o Closet o Council Chambers . Duties will include the following: Weekly: . Vacuum all carpeted areas, including stairs to basement. . Sweep and mop all hard floor surfaces. . Dust office equipment and furniture. Desk tops if accessible. . Clean and sanitize restrooms and water fountain. . Clean main entry door glass areas. . Wipe all counter work areas. . Empty all waste baskets and recycling bins. . Spot cleaning of carpet. Notify staff if unable to remove a spot. . Mid-week cleaning of foyer and reception area (especially during winter months). . Monthly: . Dust blinds and window sills. . Vacuum fabric chairs. . Polish all wooden chair arms, conference tables, lobby tables, and Council Chamber dais table. Quarterly: . Clean ceiling light fixtures. . Wipe baseboards and all ledges. As Needed: . Clean entry announcement boards and metal door framing. ., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator Lany Brown, Director of Public Works ~ December 7,2000 FROM: ., DATE: RE: A Motion Authorizing an Agreement for Maintenance of Sanitary Sewer and Municipal Water Systems with Munitech Inc. for Years 2001 and 2002. Attached is the proposed contract with Munitech, Inc. for the ongoing maintenance of the City's wastewater and 'municipal water facilities. The contract states that Munitech will be compensated ata rate of $8,500 per month total for operation of the wastewater and municipal water systems. This is in accordance with the amounts provided in the budget work sessions. . It should be noted that the rate provided for a two year contract is a discounted rate, as compared to a one-year contract. Having stated this, the contract does contain a clause that' allows either party to sever the contract with a 90-day notice period. Staff is recommending that City Council authorize the Mayor and Acting City Administrator to enter into a contract with Munitech, Inc. for the period of the years 2001 and 2002 for maintenance of the sanitary sewer and municipal water system. ' -#.3F n 'to., PRINTED ON RECYCLED PAPER "" WATER & SEWER SYSTEM MAINTENANCE CONTRACT BY AND BETWEEN MUNITECH, INC. & THE CITY OF SHOREWOOD January 1, 2001 - December 31, 2002 IT IS HEREBY AGREED by and between Munitech, Inc. a Minnesota Corporation hereinafter referred to as the "Contractor" and, the City of Shorewood, hereinafter referred to as the "City", as follows: 1. The Contractor will furnish the City with the following services: A. To provide services of Minnesota State certified water and wastewater operators and the services of a certified electronics technician. B. To operate and maintain the water system and the sanitary sewer pumping stations of the City 24 hours per day, T days per week (holidays on-call). To advise the City of an effective sanitary sewer cleaning schedule. C. To inspect daily the operation of the pumping facilities. To assess quarterly . performance of the well and pumping efficiency. To insure that all electronic controls and pumping equipment are operating at a maximum efficiency. D. To review and provide written comments as requested on proposed additions to the water and sewer system and to inspect and approve all hookups to the systems. E. To provide water meter readings to the City on a quarterly basis to inspect, and maintain water meters, ensuring that all revenues due to the City are charged, and that the meters are functioning at maximum efficiency and to recalibrate repair and replace meters which have been identified by the City to be faulty. F. To assess electrical energy requirements to insure that pumping costs are kept as reasonable as possible. G. To provide tools, equipment, vehicles and fuel to carry out the necessary job functions. . H. To collect fluoride and bacteriological samples and tests as required by the Minnesota Health Department and to file all appropriate reports with the State. I. To meet regularly with the Director of Public Works to insure continuity of operation. J. To provide contact with the public to handle and resolve problems while coordinating with the City to establish good public relations. K. To inform the Director of Public Works or designated person immediately upon knowledge of an emergency or unusual situation and keep them informed for the duration of that situation. ... Sanitary Sewer and Municpal Water Maintenance Contract January 1, 2001 - December 31, 2002 Page 2 L. To perform operations and maintenance functions at the water treatment facility according to the Operation and Maintenance Manual (0 & M) provided by the City. M. To maintain workers' compensation insurance, liability insurance, automobile insurance on vehicles etc., health insurance, and employment compensation. the City will have no responsibility of social security, vacation pay, retirement or disability insurance. The Contractor shall be deemed in all ways to be an independent contractor. N. To supply labor for minor repairs on all equipment such as chemical pumps, control systems, sewage pumps and motors. Major repair work including removing well pumps, motors, main electrical service, and major piping changes are to be the responsibility of the City. . O. To supply no materials. All materials will be paid for by the City. All equipment rental for major repairs or for expanding the systems, such as excavation equipment shall be paid for by the City. P. To respond to all sanitary sewer backup situations upon being notified by Public Works Director or "On-Call Person", to work with Public Works in determining the cause, communicating to property owners, and correcting the situation caused when located within City lines or advising the property owner when the backup is on private property. 2. The Contractor shall have the authority to purchase materials and to hire equipment and equipment operators on behalf of the City, in an emergency with the permission of the Director of Public Works. 3. The term of the contract shall be from January 1, 2001 through December 31,2003. . 4. The City will pay the Contractor the sum of $8,500.00 per month for the entire duration of the. contract. 5. The City shall. have the right to terminate this agreement upon giving a 90 day written notice to the Contractor. The Contractor shall have the right to terminate this agreement upon giving 90 days notice to the City Administrator. Sanitary Sewer and Municpal Water Maintenance Contract January 1, 2001- December 31,2002 Page 3 ~ IN WITNESS WHEREOF we have caused these presents to be executed this _ day of ,19_. MUNITECH, INC. THE CITY OF SHOREWOOD By: Robert D. Polston, Pres. By: Woody Love, Mayor By: Stanton K. Anderson, V. Pres. By: Bradley J. Nielsen, Acting City Administrator . . l100U0E190 lUG NOl.1nldn 666t110/ L0 llYU lAU.33.f:IJ l'OOU0t/90 UVlJ NGU'flldXl 666t/r.0/L0 JlYCI lAl!3JJJ:I f19ESS NH lONnOR mNAartnoa aOO.Mm.'l IOSLS ..0""" KO~~Od "0 XHa80H ~ U04~q:Oa "0 'P~qoM :n2n \32:01 " ON :IJ.V;)! .IIJ..eta:;) V SS'd'1:J MO~VM3dO WS~SAS L'lddfiS a~JVM 8Z0! "ON ~VJIdIJ..~S;) 'r[ SSVK> 'HOONH:JdO H:3:XSXS A'lddIlS H:IJ.V./lt JIM };,'IddfiS llilJ.vn ;JI'IEIDd 1ll}W3€i )0 lU3Wl.lVd36'f lijOJ~UUJllIf U10J3UUHlf JO 3J1119 .I.INtl X'ldcrnS Hrr.1VM :JI'1Bnd . Qnu3Cl JO tU~UUJHd3erf nll.l~UU1Rf J1l0~3UU}lif JO 3tPt9 . -. . . . ". .. ... tEo: . ~tatt of JfIinntsota jIllinnt!Sota ~tDartmtnt of .taUb PUBLItf"WATBR SUPPLY Uffi WATER SUPPLY SYSTEM OPERATOR, CLASS C CERTD'ICATB HO. 3598 STANTON K. ANDERSOK 8312 15TH STREET SOUTHWEST HOWARD LAKE f JOf 55349 E FFECTJVE DATE 01/01/2000 I EXPiRATION DATE 06/30/2003 . .L_ . , ,. 6tatt of '-tnnesola .inntiota J)tuarlmtnt of Iltaltb PUBLIC WATER SUPPLY om WATER SUPPLY SYSTBK OPERATOR CLASS C CER'l'IPlCATE NO. 3598 Stanton K. Anderson 1E"o: 01~li~ EX".ITI... l!.'TE 06/30/2003 . . ~, ,. .~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION AMENDING THE LAND USE PLAN MAP OF THE SHOREWOOD COMPREHENSIVE PLAN WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real property located at 600 West Lake Street in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to expand the Shorewood Yacht Club, which currently occupies the property, add an accessory storage building and additional dock slips; and . WHEREAS, the expansion site is currently designated as "minimum density residential" and "area of fUlther study" on the Land Use Plan map in the Shorewood Comprehensive Plan; WHEREAS, the Applicant has requested that the Comprehensive Plan be amended to designate the property as "commercial"; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 27 September 2000, and 1 November 2000 which memoranda are 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 a special meeting on 2 November 2000, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request for a Comprehensive Plan amendment was considered by the City Council at its regular meeting on 27 November 2000, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City Council hereby grants the Applicant's request for a Comprehensive Plan amendment. 2. That the Zoning Administrator is hereby directed to change the land use designation for the property legally described in Exhibit A to "commecial" on the Land Use Plan map. 1134 ~ ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December 2000. ' WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR/CLERK . . 2 ~ . Insert legal description - Exhibit A . 3 ADDENDUM To AGREEMENT FOR RECYCLING COLLECTION By and Between E-Z Recycling, Inc., 875 North Prior Avenue, St. Paul, Minnesota 55104, and the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331. EXTENSION OF AGREEMENT FOR RECYCLING COLLECTION: The term of the existing Agreement for Recycling Collection dated January 1, 1997 shall be extended under the same terms and conditions to December 31, 2004, with the following modifications: A. Section 2, A: The City will compensate E-Z Recycling for the performance ofits obligations as follows: . 1. Curbside Collection will be compensated in accordance to the following schedule: a. $2.15 per stop per month for weekly collection for the period of January 1, 2001 through December 31, 2001. b. $2.20 p~r stop per month for.weekly collection for the period of January 1, 2002 through December 31, 2002. c. $2.25 per stop per month for weekly collection for the period of January 1, 2000 through December 31, 2003 2. The basis for the above schedule is assumed to be approximately 2600 households. . B. Starting January 1, 2001 E-Z Recycling shall instate a two-sort collection process as follows: . 1. Glass, beverage and metal food containers shall be considered one sort. 2. All paper fibers, including newsprint, office paper, junk mail, magazines an uncontaminated boxboard shall be considered a second sort. Cardboard shall be tied in bundles separately in a 3' x 3' x 16" bundle. C. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. 1f 3 }-\ IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Agreement for Recycling Collection as of the day and year indicated. CITY OF SHOREWOOD Date: Woody Love, Mayor Date: Bradley Nielsen, Acting City Administrator . E-Z RECYCLING, INC. Date: Owner Date: Owner . AGREE:MENT FOR RECYCLING COLLECTION This agreement is made on the 1st day of January, 1997, between the City of Shorewoo(fioc~tecfat----'- 5755 Country Club Road, Shorewood, Minnesota 55331 ("City") and E-Z Recycling, Inc. located at 875 North Prior Avenue, St. Paul, Minnesota 55104, a Minnesota corporation. The purpose of this statement is to set forth terms and conditions for recycling collection by E-Z -j Recycling for the City. The City and E-Z Recycling agree as follows: ....~~. .. SECTION 1. OBLIGATIONS. A. E-Z Recycling shall provide once..:a-week pickup services for all recyclable materials at all residential properties, not to commence prior to 7:00 a.m. on Wednesdays for the mainland, and Thursday for Enchanted and Shady Islands. . B. Materials to be collected - E-Z Recycling will collect the following recyclable materials, placed by the resident in or near a container placed at curbside and assuming the preparation of materials: All fiber materials including: newspaper and inserts, office paper, mixed paper including all junk mail, cardboard, magazines, and phones books. This excludes textiles. . All materials can be mixed and bundled or bagged in craft bags and left in or next to recycling bins. Glass - Mixed clear, brown and green glass food and beverage containers. Lids and labels may be present. Metal Cans - Unsorted aluminum, steel, tin and bi-metal cans. Labels may be present. Plastics - Unsorted plastic food and beverage containers with a neck. Promotions will ask people to remove lids. Improperly prepared recyclables, that is recyclables not reasonably free of food, dirt or other contaminants, or materials other than those specified above can be left in the container along with an education tag identifying that materials as not being collected in this program. E-Z Recycling will be responsible for providing education tags, and informing the residents on source separation and the proper way to recycle. The city shall be notified of each education tag issued and the reason for the tag. The third time an education tag is left at a residence for commingling - the material will be left with the tag. E-Z Recycling will educate residents by dropping flyers, brochures and/or recycling information in the residents recycling bins on a periodic basis. E-Z Recycling will be responsible for educating collection vehicle drivers. C. Reporting Requirements - E-Z Recycling will be required to report the following information: E-Z Recycling must report weights of recyc1ables collected on a monthly basis. E-Z Recycling must provide certified weight receipts for all materials collected within 15 days of the end of the month for the previous month. If each material is not weighed separately on an ongoing basis E-Z Recycling must indicate the procedure that will be used to determine individual material breakdowns. The City may require E-Z Recycling to separately weigh each material at any time at it's discretion and at no additional cost to substantiate accuracy of the proposed procedure. E-Z Recycling must report, by individual materials and amounts, where materials are delivered for recycling. State law requires counties to ensure that the materials are recycled. Consequently, ifE-Z Recycling delivers materials to a broker, E-Z Recycling must report what end market the broker used. Summaries by brokers and end markets must be provided within 15 days of the end of the month for the previous month. Brokers or recyclable processors receiving materials must have the appropriate state and local permits or licenses. If materials are stored for a period longer than 30 days by E-Z Recycling, the amounts of materials by type and location of storage must be reported. . E-Z Recycling must report the gross revenues received from the sale of recyclables, by material, on a monthly basis. E-Z Recycling must provide set-out rates using a method acceptable to the City for all households placing recyclables out for collection during the months of May and October and must be reported within 15 days of the end of the respective months. D. Equipment Requirements: E-Z Recycling must obtain a license from the County for each recycling vehicle or trailer. There is no fee for the license. All vehicles must be maintained in proper working condition and be available for inspection by the City. Vehicles should be equipped with warning flashers, a broom and shovel for spills. E-Z . Recycling's name and telephone number must be displayed prominently on both sides of all vehicles. Each vehicle must be signed as a "recycling" vehicle. The city must be notified in advance if any vehicle other than the typical recycling vehicle is used for collection purposes. E. Missed Collections: A procedure for receiving and responding to complaints of missed collections shall be prepared by E-Z Recycling and approved by the city. F. Holidays: A procedure for holiday collections shall be agreed upon by the City and E-Z Recycling at least 6 months prior to any change.t G. Market Development: E-Z Recycling agrees to provide the City of Shorewood with 25% of collected newsprint upon 15 days prior written notice. H. Inclement Weather: On collection days where iric1ement weather affects collection - pickup will be moved to the following day. SECTION 2. PAYMENT. A. The City will compensate E-Z Recycling for the performance of its obligations as follows: Curbside Collection - $2.05 per stop per month for weekly collection based on 2,400 households. Totals to be reviewed annually. SECTION 3. MATERIAL REVENUE SHARING. E-Z Recycling agrees to pay the City of Shorewood 50% of proceeds from the following collected materials when the value of the material exceeds the stated value at local markets agreed upon by the E-Z Recycling and the City of Shorewood. Markets are to be reviewed quarterly and agreed upon. . Material Newsprint (loose unbaled) Cardboard (loose unbaled) Glass (mixed unsorted) Plastic (mixed unsorted) Cans (mixed unsorted) Price per Ton $30.00 20.00 30.00 36.00 570.00 SECTION 4. TERM. The term of this agreement shall be January 1, 1997 to December 31, 2000. At the end of the term of this agreement, the parties may make a new agreement or extend or modify the terms of this agreement. SECTION 5. CANCELLATION. Either party may cancel this agreement at any time, without cause, upon ninety (90) days written notice to the other party. In such event of termination, E-Z Recycling shall be entitled to payment of those services furnished up to the termination date. The city has the right to cancel this agreement at any time upon E-Z Recycling's violation of the terms of this agreement. . SECTION 6. GENERAL CONDITIONS. A. All services and duties performed by E-Z Recycling pursuant to this agreement shall be performed to the satisfaction of the City and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations as a condition of payment. E-Z Recycling agrees to comply with Minnesota Statutes 181.59, relating to non-discrimination. E-Z Recycl41g must obtain and provide the City with a certificate of insurance indicating the following minimum levels of insurance coverage are in effect: B. Workers' Compensation Contractor's Public Liability Insurance Property Damage Automobile Public Liability Statutory $1,000,000.00 $100,000.00 $1,000,000.00 The Certificate of Insurance shall contain a provision that the coverage will not be canceled without thirty (30) days prior notice to the City. C. E-Z Recycling shall indemnify and hold harmless the City, it's employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable as a result of the fault of E-Z Recycling or it's employees. D. The provisions of this agreement are severable. If any portion hereof is, for any reason, held by a Court of Competent Jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the agreement. E. This agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. CITY OF SHOREWOOD E-Z RECYCLING, INC. By: By: ~ ~\..~lt- . By: By: . ~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR SHENEHON AND GOODLUND WHEREAS, David L. Shenehon and Sandra L. Shenehon (Applicants) are the owners of certain real property in the City of Shorewood, legally described and shown as the "Shenehon Parcel" in Exhibit A, attached hereto and made a part hereof; and . WHEREAS, Gerald R. Goodlund and Mary E. Goodlund are the owners of certain real property in the City of Shorewood, legally described and shown as the "Goodlund Parcel" in Exhibit A. WHEREAS, the Applicants desire to convey the easterly 10 feet of the Shenehon Parcel to the Goodlunds and have applied to the City for a subdivision and combination of said real property into the two parcels legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the real property legally described in Exhibit A be subdivided and recombined into two parcels, legally described in Exhibit B. 2. That this approval is subject to the Applicants causing the removal of the existing cabin on the Shenehon parcel on or before 30 June 2001. This deadline may be extended if the owners can show just cause for delays in said removal, but in no case shall the deadline extend beyond I August 2001. - 3. That the Acting City Administrator/Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. #.3~ ~ 4. That the Applicants record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December 2000. WOODY LOVE, MAYOR ATTEST: . BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR/CLERK . -2- ~ Legal Description: Shenehon Parcel (Existing) "The Westerly 50 feet of Lot 19 and all of Lot 20, Shady Island, Lake Minnetonka, Hennepin County, Minnesota" P.I.N.30-117-23-42-0019 Legal Descri{)tion: Goodlund Parcel (Existing) . "The Westerly 50 feet of Lot 17, all of Lot 18 and all of Lot .19 except the Westerly 50 feet thereof, Shady Island, Lake Minnetonka, Hennepin County, Minnesota" P.I.N.30-117-23-42-0018 . Exhibit A -3- a..L w'- Legal Description: Shenehon Parcel (Proposed) "The Westerly 40 feet of Lot 19 and all of Lot 20, Shady Island, Lake Minnetonka, Hennepin County, Minnesota" Legal Description: Goodlund Parcel (Proposed) "The Westerly 50 feet of Lot 17, all of Lot 18 and all of Lot 19 except the Westerly 40 feet thereof, Shady Island, Lake Minnetonka, Hennepin County, Minnesota" . . Exhibit B -4- CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION AUTHORIZING THE MA YOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2001 WHEREAS, the City of Shorewood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and . WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of such data; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2001. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December 2000. WOODY LOVE, MAYOR . ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR #3K ..: J RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT (MOUNT OLIVET ROLLING ACRES, INC. PROJECT) WHEREAS, MOtmt Olivet Rolling Acres, Inc., a Minnesota nonprofit corporation (the "Borrower"), desires to finance and refinance the acquisition, and construction, improvement, rehabilitation, equipping' and furnishing of various facilities of the Borrower for the developmentally disabled, including one or more facilities located in Shorewood, Minnesota (as specifically described below) (the "City") and including facilities located in other cities or jurisdictions (as described below), all as further described in Exhibit A (collectively referred to as the "Development"); and . WHEREAS, the Borrower has proposed that the City of Victoria, Minnesota (sometimes referred to as the "Issuer"), issue tax exempt revenue bonds in the approximate aggregate principal amount of $2,250,000 (the "Bonds") to finance the Development, pursuant to Mimlesota Statutes, Chapter 462C, as amended (the "Housing Programs Act"), and Mimlesota Statutes, Section 471.59 (the "Joint Powers Act") (the Housing Programs Act and the Joint Powers Act together referred to as the "Acts"), and pursuant to the Housing Program therefor on file in the offices of the City and presented to the governing body of the City in connection with this Resolution (the "Housing Program"); and . WHEREAS, in connection with the issuance of the Bonds, it is proposed that a Joint Powers Agreement be entered into by and between the Issuer and each of the other Joint Powers Participants identified in the Joint Powers Agreement, including the City (all collectively referred to as the "Joint Powers Participants"), and a copy of the proposed form of the Joint Powers Agreement has been placed on file with the City in the offices of the Acting City Administrator and has been presented to the governing body of the City in connection with this Resolution; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each governmental unit in which facilities to be financed by the Bonds are located must approve the issuance of the Bonds following a public hearing; and WHEREAS, a public hearing on this matter was held by the governing body of the City on the date hereof; and WHEREAS, the Bonds are payable solely from revenues of the Borrower, will not be a general or moral obligation of the City or of the Issuer or of any other political subdivision of the State of Minnesota, but will be payable solely from revenues of the Borrower, to the extent and in the manner provided in the Acts and the doctunents executed in connection with the issuance ofthe Bonds; #5 ! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood, Minnesota, as follows: 1. The City hereby gives the host approval required under Section 147(f) of the Internal Revenue Code to the issuance of the Bonds and hereby approves the Housing Program. 2. In no event shall the Bonds ever be payable from or charged upon any funds of the City; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Bonds. do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. 3. The Joint Powers Agreement is hereby approved in substantially the form now on file in the offices of the City, together with such modifications thereto as may be approved by the . officers executing the Joint Powers Agreement, which approval shall be conclusively evidenced by the execution thereof; and the Mayor and Acting City Administrator or other officers. of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or Acting City Administrator of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be . necessary and appropriate and approved by the officers of the City authorized herein to execute the Joint Powers Agreement, such approval to be conclusively evidenced by the execution thereof. Adopted by the City Council of the City of Shorewood, Minnesota this 11 th day of . December, 2000. Mayor ATTEST: Acting City Administrator . , EXHIBITA (Description of Development) . The Development consists of the acquisition and construction of improvements, including equipment, furnishings and site improvements, to the existing facilities of the Borrower for the developmentally disabled located at 7200 Rolling Acres Road in the City of Victoria (referred to generally as the "Victoria Project"), together with the following: (I) the refinancing, rehabilitation, equipping and furnishing of various existing facilities ofthe Borrower (sometimes referred to as the "Refinancing and Rehabilitation Projects"), located in other cities or jurisdictions (at specific addresses set Jorth below); and (2) the acquisition, construction, improvement, rehabilitation, equipping and furnishing of new and/or existing facilities for the developmentally disabled in such cities or jurisdictions and in Aiken Cotmty, Minnesota (and/or in other locations, as necessary and suitable, to the extent permitted by law). The Refinancing and Rehabilitation Projects included in the Development will each consist of the rehabilitation of one or more existing buildings and sites located in other cities or jurisdictions outside of the City, and the discharge of any lien or other interest in those buildings and sites. The cost of rehabilitation of each of these existing buildings will be equal to at least $1,000 per dwelling unit, all as provided in and required by the Housing Programs Act. The Development will also include the acquisition, construction, improvement, rehabilitation, equipping and furnishing of facilities for the developmentally disabled in those same cities or jurisdictions and in the County of Aiken. . The facilities included in the Development are situated at the following locations: 7200 Rolling Acres Road, Victoria, Minnesota (serving 44 persons); 129 Mackenthun Lane, Norwood- Young America, Minnesota (serving 6 persons); 1757 Highwood Drive, Chaska, Minnesota (serving 4 persons); 320 East Fifth Street Northeast, Mayer, Minnesota (serving 4 persons); 241 West Third Street, Waconia, Minnesota (serving 4 persons); 3921 Leslie Curve, Chanhassen, Minnesota (serving 4 persons); 112209 James Court, Jonathan, Minnesota (serving 4 persons); 25925 Birch Bluff, Shorewood, Minnesota (serving 4 persons); 6843 and 6845 Lyndale Avenue South, Richfield, Minnesota (serving 6 persons); 7829 Tessman Drive, Brooklyn Park, Minnesota (serving 4 persons); 8217 29th Avenue South, New Hope, Minnesota (serving 4 persons); 2413 Plymouth Road, Minnetonka, Minnesota (serving 4 persons); and Route T, Jevne Township, McGregor, Minnesota (serving a minimum of20 persons). A-I .. it STATE OF MINNESOTA) ) COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Shorewood, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving host approval to the issuance of revenue bonds and authorizing execution of a Joint Powers . Agreement, all in connection with a Development being undertaken by Mount Olivet Rolling Acres, Inc., a Minnesota nonprofit corporation. WITNESS My hand this _ day of December, 2000. Acting City Administrator . CITY OF SHOREWOOD PARKCOMMISSION AND CITY COUNCIL WORK SESSION TUESDAY, NOVEMBER 28,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:15 P.M. MINUTES CONVENE PARK COMMISSION AND CITY COUNCIL WORK SESSION D RA FT Mayor Love called the meeting to order at 7:22 P.M. 1. A. Roll Call City Council Present: Mayor Love; Councilmembers Stover, Garfunkel, Lizee and Zerby Park Commission Present: Later Arrivals: Chair Arnst; Commissioners Puzak, Themig and Dallman Commissioners Bix and Berndt Staff Also Present: Engineer Brown and Planning Director Nielsen . Absent: Commissioner Young B. Review Agenda Mayor Love reviewed the agenda. Puzak moved, Themig seconded, to approve the agenda. Motion passed 9/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Miilutes of November 14, 2000 (Att.-#2A Draft) Chair Arnst moved, Puzak seconded the motion to waive the reading of the Minutes and approve the Park Commission Minutes of November 14, 2000 as submitted. Motion passed 4/0. 3. DISCUSSION REGARDING FUNDRAISING - PROPOSED GOLF TOURNAMENT . While Mayor Love indicated the Council likes the idea of possible fundraising efforts on behalf of the Park Commission, they could not endorse any such effort without taking part in further discussion. Commissioner Themig pointed out while no details for the golf tournament had been discussed at this step, Chair Arnst had presented the idea of a golf tournament as a fun way to promote anq raise funds for the Park System. Engineer Brown mentioned that he and Brad Nielsen had spoken to Bo W oodtrack, of the Country Club, just this morning about the possibility of hosting the event. W oodtrack said he could supply the City with several names of experienced charitable organizations who've hosted just such proceedings. Nielsen shared the costs associated with the tournament at the Country Club. At $130 per participant, the City would need to defray the costs via corporate sponsors, silent auction etc. Brown added that public courses charge $70 - $80 per participant. Commissioner Bix arrived at 7:31 P.M. All agreed the costs were very high and the amount of effort great. Nielsen added that the Country Club t6A PARK COMMISSION AND CITY COUNCIL WORK SESSION MINUTES TUESDAY, NOVEMBER 28,2000 PAGE 2 of 4 was booked one year out. Puzak observed that this no longer sounded like a viable option and believed there wasn't a way to make a deal with the Country Club when they are booked solid making money. Other ideas were then thrown out on the table, including; a house or garden tour, ice fishing or lake golf tournaments, embroidered City apparel, carnival, etc. Commissioner Bermdt arrived at 7:34 P.M. . Mayor Love then reminded the group to examine the idea of fundraising philosophically. Puzak believed that people might be resistant to a fundraising effort by the City. They already pay taxes to care for the parks, why would they give additional money to the City. Berndt pointed out fundraising has been successful when tied to a certain venue, i.e. Eddy Station or the Skate Park. Mayor Love agreed, pointing to Excelsior as a successful example. Excelsior has succeeded in raising money for their parks in a variety of ways, selling "bricks" at the playground, soliciting funds from the rotary and chamber, and finally from their parking meters. Zerby wondered who carries out the selling and fundraising. Mayor Love indicated it requires a huge commitment from everyone, although he would be willing to do it if everyone agreed. Chair Arnst thanked Brown for gathering the information from the Country Club and while there didn't seem to be any new ideas right now, perhaps everyone could give it some thought for a future discussion. Mayor Love believed fundraising could be further addressed after they've looked at revenue projections and evaluated "sock" user fees. A quarterly report would then give us enough information to plan budgets. Nielsen brought up the fact that this year will be the test period for the "sock" user fees. After the January meeting with Deb Malmsten of Minnetonka Community Education, we should have a good sense of the various organizations and what the user fees will be pulling in. Mayor Love also indicated that the current Joint Powers Agreement with neighboring communities is 14 years old and in dire need of evaluation. 4. DISCUSSION REGARDING STATUS OF PARK FOUNDATION . Mayor Love and Commissioner Dallman noted the Foundation is an independent group made up of rotary, parks and sports organization representatives with the sole purpose of fundraising. Dallman added, that typically, it is the same five individuals attending the meetings. With that, Mayor Love asked if the bylaws could or should be amended to reduce the size of the group and promote communication with the Council. Stover mentioned that as a fundraising vehicle, the foundation offers people a tax-deductible way to donate. Since this is its purpose, Stover questioned why members who are not into fundraising are a part of the foundation. If the Sports Organizations are only interested in raising money for themselves why do we include them as foundation members. Puzak felt a business approach would be best, by simply raising the user fees for organizations. Mayor Love pointed out that based on projections, $6,000 in revenue will come from user fees, while $8,600 from the foundation. He agreed, these figures might need to be adjusted by raising the sock fee and using the foundation as a place to raise additional money. Arnst indicated the sock fee was locked in for this year, and questioned that if the foundation does not come up with the $10,000 it committed to, where that would leave the Park Commission. Mayor Love said they would be basically broke. Commissioner Lizee raised the issue that there has not been any report from the foundation on what and how much money the foundation has raised thus far. She asked Dallman if he knew how much they had raised and why their treasurer had not presented the Council with any report. Dallman said he did not know the answer to either question. Mayor Love asked if he could attend the PARK COMMISSION AND CITY COUNCIL WORK SESSION MINUTES TUESDAY, NOVEMBER 28,2000 PAGE 3 of 4 next foundation meeting to discuss their relationship with the City and perhaps generate some new vitality within the group. Mayor Love also pointed out that the foundation can have a very positive impact, as it has, in the case of the Skate Park, and that he would like to come and discuss expectations. 5. DISCUSSION OF STATUS OF PARK FUNDS . Mayor Love indicated that much of this discussion has actually been taking place throughout the meeting. Nielsen distributed a memo from March 24, 2000, presenting the financing plan for Eddy Station. As indicated by the memo, the Commission is financed for approximately 10 years. Brown shared that the projected budget for Eddy Station was $395,800. Based on numerous change orders the actual looks to be approximately $406,000, with the sanitary sewer and water main projects paid out of those funds. Zerby noted that puts the Park fund in a $19,000 deficit. Bix felt concessions and sock user fee estimates were low. Even with that, Mayor Love questioned whether those types of variables could make up a total deficit of $21,800. Themig mentioned that the RFP's had been sent out and require vendors pay a base cost plus percentage to the City. Brown shared the RFP with the group. He mentioned copies had been sent out to every imaginable vendor staff could come up with, it was advertised in both the paper and newsletter and sent to eleven potential organizations. Thus far, there has been no interest from vendors, but Brown was optimistic for the pre-bid meeting scheduled for December 12,2000. 6. DISCUSSION REGARDING GIDEON GLEN - ROLE OF PARK COMMISSION Mayor Love happily reported that they closed on the Gideon Glen property this morning. He pointed out that the responsibility and stewardship of this new piece of "greenspace" or "park" property will now fall under the LCEC and Park Commission umbrella. Mayor Love continued, that the mission over the next year would be to look for grants and contributors for this natural area. Lizee asked if a group should be assembled to look at its preservation. Mayor Love indicated much could be done with this full canopied wetland area, including tying it to the potential tunnel under County Road 19, beautifying the mall owners property with a pedestrian walkway and green space, provide for storm runoff, and meeting all five measures of natural wetlands. Mayor Love urged the Park Commission to consider its potential role and challenge in overseeing this natural "park" space. . 7. DISCUSSION ON THE LRT TRAIL UNDERPASS AT COUNTY ROAD 19 Engineer Brown passed out a memo he received today from Bernie Jahn, of Hennepin County, in which Jahn indicates that due to the high groundwater levels, the ability to build a tunnel is not possible. Jahn does suggest they consider a pedestrian/bike bridge over CSAH 19. Brown had not yet priced out a bridge option, but will go back to Hennepin County to gain funds. Mayor Love asked about the possibility of raising the road. Nielsen explained that even if the road were raised 3 to 4 feet, the groundwater level is 3-4 feet, thus providing only 6 - 8 feet, and when digging a tunnel they need to go about 12 feet down. There still would not be enough room and the tunnel would be under groundwater levels. Brown felt he could examine other alternatives. He had not performed a full-blown feasibility evaluation as of yet and wanted to look into state aid dollars available to overcome the obstacles that have presented themselves. Lizee encouraged Brown to pursue potential state aid and Hennepin County dollars and press them to look at this intersection a bit closer. 8. ADJOURNMENT Mayor Love asked if there was any other business. There was none. Mayor Love complimented everyone on the meeting this evening and felt they had accomplished a great deal. He was pleased with the .. f PARK COMMISSION AND CITY COUNCIL WORK SESSION MINUTES TUESDAY, NOVEMBER 28,2000 PAGE 4 of 4 discussion about the Park Foundation, as well as, the dialogue over the way to trace the Park Commission finances over the next year. Lizee moved, Puzak seconded to adjourn. Motion passed 11/0. RESPECTFULLY SUBMITTED. Kristi B. Anderson RECORDING SECRETARY . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 5, 2000 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00P.M. MINUTES /)lJA " . ~ . iLl ,... 1Ioi.:s'''..''~ ~ ... :'il" _/f'>II CALL TO ORDER Chair Bailey called the meeting to order at 7: 15 P.M. due to technical difficulties. ROLL CALL Present: Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council Liaison Lizee; Engineer Brown; Planning Director Nielsen; Absent: None APPROVAL OF MINUTES . Turgeon moved, Woodruff seconded, approving the November 21, 2000, Planning Commission Minutes as presented. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT Applicant: Our Savior's Lutheran Church Location: 23290 State ffighway 7 Chair Bailey summarized the procedures used in a Public Hearing. He noted items approved this evening could appear on the December 11, 2000, Regular City Council Meeting Agenda. . Director Nielsen provided background and analysis of this matter noting Architecture, Incorporated, was representing Our Savior's Lutheran Church and had submitted plans for an expansion of the existing building. Since churches are conditional uses in residential districts, this request was appropriate. In analysis of the site, side yards for churches were required to be double that which is normally required in the zoning district (20 feet versus 10 for residential). The proposed addition lies just over 40 feet from the side lot line. While a future classroom addition was shown on the proposed site plan as being approximately 28 feet from the side lot line, it was not a part of the request for this matter. Also, he noted, there was concern for additional landscaping needed along the northwesterly property line. Plans included the need for 176 spaces in the new parking area and would be reconfigured with better defined access drives, curbed islands, and landscaping. Of particular concern was the loading of buses on the site. Director Nielsen explained the bus route would essentially need to be the reverse of what was currently being used. This change would allow the buses an additional 420 feet of highway to get into the left lane for southbound trips on Highway 41. This was important because MNDOT was likely to close the center median cuts in front of the church property, resulting in a one-way circulation pattern for accessing the highway. Also, grading, drainage, and erosion control measures would need to be addressed. Director Nielsen summarized the matter by suggesting approval, subject to certain conditions. A revised landscape plan, prepared by a registered landscape architect, needed to be submitted. Based on an approved landscape plan, the applicant also needed to provided cost estimates, from which a letter of credit would be required. In addition, the parking lot must be constructed and striped prior to occupancy of the new addition. The applicant needed to address how the future classroom addition would be accessed by construction vehicles, materials, and equipment. Plans for the building should be subject to review and approval by the Fire Marshal. Finally, the City Engineer needed to address issues related to a Planning Commission Meeting Minutes - Page 2 of 9 December 5, 2000 right-turn lane required in front of the site on Highway 7, as well as addressing recommendations placed on grading, drainage, erosion control, and utilities. Engineer Brown summarized a full report prepared by WSB and Associates, Inc., pertaining to this matter. 1,'hat rep~rt should accompany a copy of these minutes in an effort to provide clarification on this matter. .- ijngineer Brown stated there still remained concerns about the need for a right-turn lane in front of the property accessing the driveways for the site as there could be some additional widening requested by Minnesota Department of Transportation (MNDOT). Also, grading, drainage, and erosion control plans were still being reviewed by City staff, the Minnehaha Creek Watershed District(MCWD), and MNDOT. With regard to the proposed retaining walls, it was recommended that walls greater than 4 feet in height would need to be designed and certified by a professionally registered engineer. He noted it was not clear from the plan what existing utilities would remain. A combined existing site plan and removal plan would also need to be provided. Further, he recommended review of bus circulation related to loading of children around the turning nose in the parking lot. Steve Jastram, of Architecture Inc., Sioux Falls, South Dakota, responded to each of the items requested . by Director Nielsen. He noted the future classrooms were listed on the site plan because they were part of a master plan for the site. However, he anticipated this would actually be the last part of the overall expansion on the site, occuring quite some time into the future. The access road around the church was being maintained and would continue to be maintained and utilized for construction materials and hauling as needed. It was his understanding the turn lanes off Highway 7 were already marked as right- turn lanes. He referred the drainage and erosion concerns to Mr. Steve Albrecht of Engelhard and Associates. Mr. Jeff Machemahl, Building Chairman for Our Savior Lutheran Church, stated the bus circulation pattern was the reverse of what was currently being used. Furthermore, the turn lanes were labeled and marked with arrows and signs. There would be approximately six buses arriving in the morning and again in the afternoon with two buses being the most that would be there at one time. Mr. Steve Albrecht, Engelhard and Associates, stated most drainage and erosion concerns can be resolved. He noted there were no permanent ponding plans on the site, only the expansion of a dry pond. He responded to questions by Commissioner Anderson and Director Nielsen, that the calculations were . based on the community center addition and not the future classroom addition. He also noted it would be difficult to direct water around the building to this pond after the construction of the future classroom addition. Chair Bailey opened the Public Hearing at 7:45 P.M. after reviewing guidelines for comments from the audience. Pamela Honzl, 6065 Glencoe Road, noted the future classroom addition would be approximately twenty feet from her property line, and she believed this to be too close for such a large building. She noted what was once a small church had now become quite large. Also, she questioned the proposed height of the retaining walls and the appropriateness of the paved path behind the church for construction traffic. Roger Stein, 5995 Glencoe Road, took issue with the proposed retaining walls, noting there was the potential for a great deal of runoff, and he wondered what the drainage flow pattern would be on the site. The remainder of audience members for this issue were there in support of the matter, and Chair Bailey noted their presence. Planning Commission Meeting Minutes - Page 3 of 9 December 5, 2000 Chair Bailey closed the Public Hearing at 7:52 P.M. Engineer Brown asked for clarification of details related to the retaining walls. Mr. Albrecht responded there will be two sets of retaining walls, on the north end of the church, however, final design plans were not yet completed. The retaining wall on the range top was expected to be four to five feet in height, and a second wall along the path would be approximately two to four feet in height. Neither of these walls would be designed to pond water, rather the water would pass around the building and around the parking lot to the pond area. The walls would be comprised of concrete modular block and given storm system failure would convey water overland to the dry pond area. Commissioner Anderson asked about the impacts on drainage with the future classroom addition. Mr. Albrecht responded the future addition may need to reduce the number of parking spaces and install a catch basin on the northerly end of the building near that addition. Commissioner Anderson also questioned plans for integration of building materials for the additions. Mr. Jastram explained there would be an exterior installation system comprised of a split face/rock face concrete material, blended with three colors resembling stone. Mr. Jastram also explained there had been nothing planned to screen the mechanicals on the rooftop of the proposed community center area. . Commissioner Callies asked about the entryway to the gym related to the busing issues. Mr. J astram noted there will be an entryway close to the community center and during evening and weekend use the door off the main parking area would be used to access the center. Engineer Brown again noted his concern for the bus loading areas. He also stated the main intent of the proposed plan was to have bus traffic on the frontage road, and while it was not his preference, it was reasonable. Commissioner Turgeon questioned the future parking problems if the lot would need to be reduced for drainage. Mr. Jastram stated the parking lot would be redone for each of the additions because people wanted to be close to the door, and the plans for the narthex and future classroom addition were many years into the future. . Commissioner Woodruff stated she had concerns in a number of areas, specifically related to the bus traffic and MNDOT's consideration of this project. Engineer Brown explained there were a significant number of governmental agencies reviewing this plan. Commissioner Anderson stated he was supportive of these plans, and he believed the drainage and traffic concerns could be dealt with reasonably. However, he did still have concerns about the architectural integrity of the project, such as the lack of screening of mechanicals on the rooftop visible to neighbors, and he hoped the church would continue to enhance the site. After careful consideration, and in reply to Chair Bailey's question, Engineer Brown stated he believed a designated walking path moved outside the parking area would help to ensure safety of the children. He also noted it might be the best use of church funds to to review the parking area to see if minor modifications could be made through the main lot. Council Liaison Lizee questioned the current enrollment of the school. Mr. Fred Lamil, principal of the school, stated there are 108 students in K-8 with 72 preschoolers and 45 extended care program children. Council Liaison Lizee stated she would like to to see the school buses circulating closer to the school if at all possible. Commissioner Anderson confirmed the construction in this matter would begin in spring, and the parsonage would be removed in the summer of 2001, if approved. Planning Commission Meeting Minutes - Page 4 of 9 December 5, 2000 Turgeon moved to table this matter to January 2, 2001, Planning Commission Meeting so that clarification could be obtained on the lengthy list of conditions required for approval. Motion failed for lack of a second. Anderson moved, Callies seconded, recommended approval of a Conditional Use Permit subject to staff recommendations and a plan for screening of the mechanicals on the rooftop of the proposed addition as well as a designated sidewalk to the buses from the building, for Our Savior's Lutheran Church, 23290 Highway 7. Commissioner Anderson commented this seemed to be a good project. He believed City staff to be competent and capable of dealing with the complexities involved in this matter in an effort to work together with the church. He also reiterated his request for architectural standards being held in this matter. Chair Bailey commented he would not vote favorably for this matter as he agreed with Commissioner Turgeon. Commissioner Woodruff stated she thought the same initially, but was confident enough agencies were involved to handle the matter effectively. . Motion passed 3/2, with Bailey and Turgeon dissenting. 2. 7:15 P.M. PUBLIC HEARING - SETBACK VARIANCE Aoolicant: James Russell Location: 26080 Birch Bluff Road Director Nielsen provided background on this matter, noting the property was occupied by an old cabin, a carport, and two accessory structures. Due to recent storm damage, Mr. James Russell must replace the existing roof on the house. He wished to place a foundation under the existing cabin in conjuction with the roof replacement. Since none of the structures on site comply with setback requirements, a variance was being requested to allow the cabin to remain in its present location. The cabin was only six feet from a classified fire lane on the Zoning Map. Typically, a 35-foot setback is required. In addition, the two accessory structures were located within the public right-of-way. . Director Nielsen also cited three instances where variances were granted to fire lane setbacks. He also noted in essence, the fire lanes were found to be more like park property rather than a street right-of-way. When viewed as park land, normal setbacks become appropriate. Director Nielsen's recommendation to turn the house to more effectively comply with setback requirements was combined with his recommendation to consider moving the house back an additional 10-15 feet in the event a deck on the lakeside of the house would ever be warranted. In addition, possible demolition or conformity of the two accessory structures was recommended. The carport was to be removed as part of his recommendations as well. Mr. James Russell, owner of the property, stated the house was believed to have been built in 1880 and he was nineteen when the house was purchased by his father in 1950. Last July 7, during a storm, a maple tree fell in the middle of the roof attic space leaving a 12 foot hole. After meeting with a contractor and city officials, it was decided there were structural concerns and rebuilding was necessary. As part of this concern, he opted to build a foundation as well as repair the roof. He also noted the house had historical merit as well. Mr. Edward Eeter, the owner in 1920, had documented the site was a ticket office for a streetcar boat. Mr. Russell believed his home to be a charming place worth saving. . . Planning Commission Meeting Minutes - Page 5 of 9 December 5, 2000 Mr. Russell had done calculations regarding Director Nielsen's recommendations and a survey and found the proposed turn would be eighteen degrees. He noted the houses to the east were oriented to the lake as was this one, and this turn would change it from a westerly facing direction to a northerly facing direction, thus, minimizing the sunsets observed across the lake. He also stated turning the house would change, but not cure, the compliance issues. Thus, he would resist making the turn. His contractor informed him the cost to turn the home would double the estimate for lifting the house. Furthermore, he stated he would like to keep his carport as he used it for boat parking, and he saw it as an embellishment to the property and would hate to lose it. With regard to the two accessory buildings, the 9 x 12 foot building can be moved, and the stone building seemed to be built at the same time the cabin was built since the stonework matches the chimney. He also noted this stone house did not interfere with any use of the area, and his family utilized it as a storm shelter in the past. They would most likely continue to do so as the proposed foundation was anticipated to be 42 inches with footings. In conclusion, Mr. Russell stated he had no obvious need for the deck and did not anticipate selling in the near future hence, there would be no need to move the house back the additional 1 0-15 feet as suggested. . Chair Bailey opened the Public Hearing at 9:08 P.M. Mr. Edward Soner, 26100 Birch Bluff Road-the property immediately west, stated he did not see what these recommendations would accomplish. He believed the historic aspects of Mr. Russell's property added to the value of the property. Furthermore, with these improvements the foundation would stabilize, but turning the house would not fix anything in his opinion. Chair Bailey closed the Public Hearing at 9: 10 P.M. Commissioner Anderson questioned what actually would be achieved by turning the home. Director Nielsen reiterated the setback requirements and noted this was a structural alteration of a non-conforming site. . Commissioner Turgeon stated she was thinking of any future owners and that it would be nice to fix part of the problems on the site since opportunity had presented itself, and a future owner may want to have them fixed. Also, she noted she was also trying to be both fair to the applicant and consistent with what had been done in the past. Commissioner Woodruff stated she sympathesized with the issue of turning the house and changing the view of the lake, however, this was a tough issue to resolve. She had no problems with leaving the stone house on site in its present location. Commissioner Callies confirmed should Mr. Russell repair the roof but not replace the foundation, the home could exist in its current location. Mr. Russell responded it would be a much better home with the foundation and would greatly improve the living space. Commissioner Callies also stated she did not have a problem with the storm shelter. Commissioner Anderson commented this was a tough issue because the economics of turning the home needed to be balanced with the Zoning Code requirements. Commissioner Callies confirmed moving the house back 1O~15 feet did not have anything to do with bringing it into conformity. Planning Commission Meeting Minutes - Page 6 of 9 December 5, 2000 .~ Chair Bailey questioned Mr. Russell about accessing the driveway. Mr. Russell responded the driveway was accessed using the fire lane as had been done for the past 150 years. He was not aware of the prohibition of non-motorized vehicles on a fire land until this evening, and actually this fire lane was used very little as this was a summer home for his family. Chair Bailey stated the Planning Commission tries to bring conformity to the community, and it would be hard to "turn a blind eye" to this massive nonconformity. He cited the use of the fire lane as a driveway, concrete beneath the carport, as well as the nonconforming accessory structures contributing to the overall detriment of the site. While these have all been a part of the past, it would be difficult to ratify these issues in granting a variance, he stated. Mr. Russell questioned whether the Commission should take into consideration the existence of structures and uses for the past 150 years when it is considering a request. Commissioner Turgeon asked Mr. Russell if he could live with the issue of turning the house. He replied it was already encroaching on the setback areas, and he did not see it as a possible solution. Commissioner Anderson stated he was concerned with setting a precedent, but did not want to deny this request. He also noted Mr. Russell may want to reconsider as the costs to bring the site into conformity could become burdensome. . Anderson moved, Callies seconded, recommending approval of the Variance, subject to staff recommendations and the addition of moving the driveway and bringing it in compliance with the Zoning Code, for Mr. James Russell, 26080 Birch Bluff Road. Commissioner Anderson commented he would be voting against his motion even though he thought Mr. Russell's attempt to fix the home was admirable. Commissioner Turgeon stated she could support leaving the stone home provided nothing further was done to it. She would support removal of the shed and carport, the turning of the house, and a designated driveway off the fire lane. Commissioner Callies stated she did not believe the Commission should be in the business of redesigning . a lot, and she questioned whether this would be a buildable lot. Commissioner Woodruff agreed and noted this was a tough decision. Chair Bailey reiterated his concern of the fire lane being used privately and would like to see construction of a compliant driveway. Also he would prefer to see the accessory structures brought into compliance as precedented. Motion failed 2/3, with Anderson, Callies, and Woodruff dissenting. Mr. Russell apologized for the use of the fire lane as his driveway, but believed parking to be problematic on Birch Bluff Road. Chair Bailey requested a recess at 9:50 P.M.. Chair Bailey resumed the meeting at 9:55 P.M. Planning Commission Meeting Minutes - Page 7 of 9 ~ December 5, 2000 3. 7:30 P.M. PUBLIC HEARING. C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT. Aoolicant: Location: Scott Young and Vicki Callahan 26865 Edgewood Road Director Nielsen provided a brief synopsis of the request, noting the applicants wished to construct an attached garage and gazebo on the site. The site was landlocked with no frontage on a public street. He also noted the construction of the gazebo was planned for the distant future to the south of the existing home. Also, the applicants were planning to remodel all existing accessory structures and proposed garage with siding and roofing to match the existing house in the Year 2001. Mr. Scott Young, owner of the property, stated their intention to remodel the home and outbuildings in the upcoming year. He handed estimates to all Commission members for consideration in this matter as per Director Nielsen's recommendations. Chair Bailey opened and closed the Public Hearing at 10:05 P.M. as there was no one present wishing to address this issue. . Council Liaison Lizee expressed concern for the well head on site. Mr. Russell stated it is to the south of the proposed garage and home and would not interfere with construction. He noted it is used for outside irrigation only. Anderson moved, Callies seconded, recommending approval of a Conditional Use Permit, subject to the outbuildings being remodeled within one year from the issuance of the building permit, for Scott Young and Vicki Callahan, 26865 Edgewood Road. Motion passed 5/0. 4. SIMPLE SUBDIVISION Aoolicant: Marvin Boote Location: 24340 Yellowstone Trail At the request of the applicant, this matter had been rescheduled to a later date. 5. SITE PLAN REVIEW. COMMERCIAL SITE Aoolicant: Triple B Equities, LLC Location: 24470 Smithtown Road . Director Nielsen reported pertinent information related to this matter. Mr. Blair Bury, representing this business, proposed to expand the existing building on the property, and since this site was zoned General Commercial, this request was appropriate. Originally the site was used in conjunction with a used auto sales lot, and more recently, a clothing embroidery shop. Mr. Bury also planned to remove a small wooden garage from the property, and the building use would be primarily for personal storage of antique cars and some recreational equipment. Furthermore, the applicant was in the process of obtaining a motor vehicle dealer's license from the State. Director Nielsen stated the proposed plans comply with building setbacks and heights, however, the existing paving on the site could be reduced substantially in favor of additional landscaping. Also, the easterly drive could be necked down, and as an alternative, the applicant could grant the City an easement for utilities and pedestrian traffic across the southerly portion of the property to be used most likely in the event of an expansion of the Legion Hall nearby. Since the the bituminous area south of the new addition would require concrete perimeter curbing, but would not occur until the next construction season, a recommendation was made for the applicant to submit a letter of credit or escrow to guarantee completion of work by the end of Summer, 2001. Planning Commission Meeting Minutes - Page 8 of 9 December 5, 2000 .~ While the existing structure, a pole barn, was nonconforming, the new additions would be compliant with the Zoning Code. With regard to landscaping, it was recommended the plan include at least five evergreen trees along the east side of the building. Director Nielsen also reminded the applicant the property was limited motor vehicle and recreational equipment sales only. Also, any kind of outdoor display or storage required a C.D.P. and finally, any proposed signage was subject to review and approval by City Council. Engineer Brown then addressed grading and drainage concerns for the site. He noted turf should be added to this site as approximately 90% is hardcover. He also complimented the applicant's engineer for keeping the runoff rate at the current hundred-year event level in spite of the amount of turf. He also recommended a flammable waste separator, used to separate out substances-such as gas, for appropriate disposal. Also, erosion control measures would be necessary on the perimeter of the north half of the property. He concurred with the recommendations of Director Nielsen in a memorandum dated December 4, 2000, which can be found on file at City Hall should more detailed information be deemed necessary. Mr. Blair Bury, owner of the property, was in attendance and stated his intention to improve the exterior of the building and make it functional. He had owned the property since June, 2000, and hauled in used and collector cars by himself, without the need for carriers. . Commissioner Turgeon questioned Mr. Bury's intention for hours of operation. He stated they would be within the operating limits of the City, and it was not his intent to attend the lot daily as in a used car lot. Most of his sales in the past were primarily by appointment. Commissioner Anderson expressed concern for the varied uses found in this localized area so near the redevelopment plans for County Road 19. Mr. Bury stated, in response to Commissioner Turgeon's question, he would not be opposed to granting an easement for pedestrian use and utilities. He also stated there would be security lighting, but it would be down lighting with complete recession in the soffit panels. Anderson moved tabling this matter due to the late review by the Commission, and a need for Council guidance in terms of review under the Comprehensive Plan for the City. . Motion failed for lack of a second. Commissioner Callies commented that Commissioner Anderson had raised a good point regarding the possibility of a moratorium in this area. However, she stated it would better to consider it at a time before someone was applying for use of the area. Callies moved, Turgeon seconded, recommending approval of the Site Plan Review of a Commercial Site, as per staff recommendations and including an easement of the sidewalk. Commissioner Woodruff stated her concerns with leakage of battery acid. Mr. Bury stated it was rare to see a leak of battery acid as batteries were so well sealed. Furthermore, the flammable waste separator holds approximately 82 cubic feet and had to be pumped out according to the State Plumbing Code. Chair Bailey also expressed sympathy for Commissioner Anderson's concern, noting that if land was valued, sticking something in the middle would reduce the value. He thought the discussion of the possibility of a moratorium to be valid as well. Motion passed 4/1, with Anderson dissenting. Planning Commission Meeting Minutes - Page 9 of 9 .,. December 5, 2000 6. DISCUSS DRAFT R.O.W. ORDINANCE Chair Bailey thanked Engineer Brown for his time and efforts in preparing the information related to the right-of-way ordinance, however, he did not believe a productive discussion would follow at the current time of 10:50 P.M. Engineer Brown briefly summarized the issue stating the proposed ordinance would attack other issues related to installation of fiberoptic networks currently taking place without permit. He noted there are many related issues for discussion, and the Council would have to act on the ordinance prior to formal adoption. For this reason, it was requested this item be brought back for discussion on the January 2, 2001, Planning Commission Agenda. 7. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 8. DRAFT NEXT MEETING AGENDA . The next meeting of the Planning Commission would be on January 2, 2001, with an agenda including possibly three items. There will not be a Planning Commission meeting on December 19, 2000, as stated in the City newsletter. 9. REPORTS Commissioner Turgeon reported on matters considered and actions taken at the November 27, 2000 Regular City Council Meeting (as detailed in the minutes of that meeting). Chair Bailey thanked Commissioner Turgeon for her years of service on the Commission, and noted everyone had benefited from her participation on the Commission. . Commissioner Turgeon responded it had been a pleasure serving on the Planning Commission for the past six years, and now she would need to learn to switch six years of Tuesday night meetings to Monday evenmg. 10. ADJOURNMENT Woodruff moved, Turgeon seconded, adjourning the Planning Commission Meeting of December 5,2000, at 11:05 P.M. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 30 November 2000 RE: Our Savior's Lutheran Church - CUP for Proposed Building Expansion FILE NO.: 405 (00.32) BACKGROUND . Architecture Incorporated, representing Our Savior's Lutheran Church, has submitted plans for an expansion of the existing building, located at 23290 State Highway 7 (see Site Location map - Exhibit A, attached). The property is zoned R-IA, Single Family Residential. Since churches are conditional uses in residential districts the applicant has requested a conditional use permit, pursuant to Section 1201.14 Subd. 4. of the Shorewood Zoning Code. The property is located between Park Street and Highway 7 and contains approximately 6.72 acres of land. Exhibit B shows the existing site plan for the church property. As can be seen, the site is currently occupied by the church and school building, with parking to the east of the building. A parsonage is situated in .the southeast corner of the property. The playground for the church school is located on the northeasterly portion of the site. The site is characterized by dramatic changes in elevation. The existing building and parking area are level with Highway 7. The west side of the site rises approximately 30 feet. The large level playground area is approximately 14 feet higher than the parking lot. #. '-J PRINTED ON RECYCLED PAPER iJ-11r ~ Memorandum Re: Our Savior's Church CUP 30 November 2000 As shown on Exhibit C, attached, the applicant proposes to build a gymnasium/ community center on the east end of the building. The expansion measures 103' x 106'. The total floor area of the church is being increased by 12,990 square feet, nearly doubling the existing floor area. The addition will be 30 feet high at its easternmost end. The existing parsonage would be removed in order to accommodate parking and a small detention pond in the southeast corner of the site. Existing and proposed floor plans are shown on Exhibits D and E. The applicant's landscape plan is shown on Exhibit F, and proposed building elevations are shown on Exhibit G. ISSUES AND ANALYSIS . Churches are subject to the conditions set forth in Section 1201.10 Subd. 4. b.. Following is how this application complies with those requirements: A. Side yards for church facilities are required to be double that which is normally required in the zoning district (20 feet versus 10 for residential). A corner of the existing building is 50 feet from the northwesterly property line. The proposed addition is just over 40 feet from the side lot line. A future classroom addition is shown at approximately 28 feet from the side lot line. Note that this c.u.P. does not include the classroom addition. The addition is 140 feet back from the right- of-way of State Highway 7 and approximately 320 feet away from Park Street. B. Proposed landscaping is shown on Exhibit F. Plantings have been concentrated on and around the new parking lot. It is highly recommended that additional landscaping be provided along the northwesterly property line, with some attention being given to the Park Street end of the site. The applicant should submit a revised plan, prepared by a registered landscape architect, showing substantial evergreen plantings to the north and west of the proposed addition. Although the top of the addition will be level with the back yards of the homes to the west, trees planted above the proposed retaining wall will break up the view of the large flat roof area from those properties. Trees planted strategically along the Park Street end of the site will break up the mass of the building from that direction. . C. The community center will be used as more than a gymnasium. Based upon its size, the occupant load will be 500. Since the church and the community center will not be in use at the same times, we use the higher occupancy of the two to determine required parking. The number of spaces required under the Code is 167. The plans for the new parking lot include 176 spaces. -2- Memorandum Re: Our Savior's Church CUP 30 November 2000 The parking lot will be reconfigured with better defined access drives, curbed islands, and landscaping. The Zoning Code requires that the parking areas have perimeter concrete curbing and striping. D. Despite the reconfigured parking an-angement, loading will remain basically the same as it exists today. Of most importance is the manner in which school buses circulate to pick up and drop off children during the week. The pattern shown on Exhibit C has busses approaching the site at the westernmost of the two access drives on the highway. Busses then leave the site from the easterly driveway. While at first this appears somewhat circuitous, it allows the busses an additional 420 feet of highway to get into the left lane for southbound trips on Highway 41. This is important because the Department of Transportation is likely to close the center median cuts in front of the church property, resulting in a one-way circulation pattern accessing the highway. . As mentioned, the future classroom addition at the rear of the building is not part of this application. However, the applicant should demonstrate how construction vehicles and equipment will be able to access the rear of the building after the gymnasium structure has been built. A revised landscaping plan should take into account access to this area. The City Engineer should address whether or not a right-turn lane from the highway should be required. E. Grading, drainage, erosion control and utilities will be addressed under separate cover by the City Engineer. The applicant must provide runoff calculations that demonstrate that the size of the proposed pond is adequate to handle site runoff. RECOMMENDATION . Based upon the preceding, it is recommended that the conditional use permit be approved subject to a number of conditions: 1. A revised landscape plan, prepared by a registered landscape architect, should be submitted. Additional plantings should be concentrated along the westerly property line and along Park Street. Based upon an approved plan the applicant should provide cost estimates, from which a letter of credit will be required. Occupancy of the new addition should be conditioned upon the letter of credit. 2. Occupancy of the new addition should not occur until the parking areas have been constructed and striped. 3. The applicant should address how the future addition will be accessed by construction vehicles, materials and equipment. -3- Memorandum Re: Our Savior's Church CUP 30 November 2000 4. The City Engineer should address whether or not a right-turn lane should be required in front of the site on Highway 7. 5. Grading, drainage, erosion control and utilities should be subject to the recommendations of the City Engineer. 6. Plans for the building should be subject to review and approval by the Fire Marshall. Cc: Tim Keane Lan-y Brown Joe pazandak Scott Anding Steve J astram Jeff Machemehl . . -4- o 400 800 Feet ] ~ N Exhibit A SITE LOCATION Our Savior's Church - C.D.P. = ~ A, . I , I "--__ / I I L__ Q// ,0$) / " " "'\ '7 f I /' ~., " ~ /' /~ -~ ~~/ """-" (', ~"\: . ",", ./ --- , , r' ''I--. / , I. ' o I I / I I . I I / I I / I I / . , PROGRES~~= NOT FOR CO 8 2000 NOVEMBER . D1snNG 'A'tGIEJff .. ..... 8ITI DIYI!I.OP-.r 2.2 SITE DEMOLITION PLAN SCALE 1. . 'JlJ'-rt" d AN CHUROt - OCELSlOR MINNESOTA pro,.. OUR SA\1ORS LUTHER NIUIIlI """""" OIto.1421", .w NO'IU&Jt L 2000 ..2!t- .... ..a.-_ I &__......41._-.&-__ . 'W____.___.L_jI Exhibit B EXISTING SITE PLAN PROJECT INFORMA~ON MAIlE OF PRO.lECT: CUR ""OR. LU1IlERAN O<<JRCH ADDInON ADDRESSl 23290 HWY 7 EXCELSIOR. MINNESOTA 55331 OWNER: l.EIlAL DESCRlP1ICN: LOT 210 AND W '8a FT LOT 148 AND E 2 2 ACRES OF' LOT 16& L 'ANG N OF HWV AND THAT PART Of' LOT 186 L'YlNC W OF SAID E 2 ACRES N OF SAID HWY AND SElY OF A UNE PAR 'MlH AND 40 n NWLY FROM N'M.Y UNE OF' SAID HWY AND THAT PART OF' LOT 117 l'l1NG NWLY OF HWY AND E OF RED lAND SUR'oEY NO 169 ANa mAT PART OF LOT 188 L'rlNG N OF HWY AlSO LOT 87 OF ACADEMY ADDN ExtS1ING PARSOHACiE : EXISIINQ atURaC/SCHOCll. : D1Sl1NG PAwee : b1SnNG GRaN SPACE : S1Tf TOTAL : 1,112 SF 13,HO SF 01,175 SF' i:~ ~~ I ('.721 AaOES) ~:--L.\''\... ZONIolG: R-Ie SElBAaC REClUIREIoIENlS: FRONT: ~SlDE:~REAR:~ PROPERTY AII!EA: 292.787 SF NEW IlULDtNG AII!EA: 12.990 SF ~Jn~lIN~ VItIA" ~T~ "'-......- '\ ", \ '.---::: \ ~ " " " " " " " " " " " " " " " ('" TOT.u !tOIlAM' J'onTAl7 EXlSnNQ CHURCH/SOIOIX. : HEW AOCXnDH,.' FIRST n..oc:R: EXtSnNO PAW<<; TO RDlAW : NtW PA,\MIG : GRUN SPAtE. : SIll: TOTAl.: 13.380 Sf 12.110 Sf' 21,400 SF 77,230 SF :8:: : (S.721 ACRES) ElClSl1NG ....."""""'" ~/ . MAXNJM OCCUPANT \.OAO IH CClUNUNITT CENTER - 500 REClUIRED PARKING SPACES .. 111 REQUIRED ACCESSIBLE SPACES - . PROPOSED PARKING SPACES - 178 U11Ufr_ -(2'-'0) "'....... /', ~"" " "'~Wol' / ...... , l501n'z4"W S 4ftns"W t '-___7k4J.___ 1 4'7 ~1L_._ ~......--______ >/ -.- ~_.. -. "/ -... --..-- - . /1f/it[>.r-. ------.oi'..;-;;:;;.....--------- -- I /.. ~ ,I I :. ~,:i I, \ \ ." . \ <" "';'.. ...":::::;; L!L = I ..:~ ~........ SCHOa. IUS 1URNIItG ... .... BUS FNTRY =:u:.MOftWenIAAl C.UIIWll'~~~llftII , ,/' / , / ,t / , ,/' / . . = --~:..::o. -- ..- // · I \ I::::=J1 --~~:S LO~G ::NLOA:;NG ;;;A 77~" S 4nnrW HIGHWAY SEVEN i i I /1)/.. \~ -- - ,-/,,/ ""'- ._~._.......~, ="1IED~~~G~:SnANIWIM -. 1IJC1MEDmtIt mlS...Em PROGRESS PRINT NOT FOR CONSTRUCTION NOVEMBER 8, 2000 8ITI DlVlLOP~ 2.8 SCALE ,. - 30-0. d "..,.. OUR SA"'ORS WlHERAN DlURCH - EXCEL90R ~TA ...".... 08'10.1421." ....... ... NO\IDIID I. 2DQO ......~d\edIed.J!!L..... SITE PLAN Exhibit C PROPOSED SITE PLAN .' . R ~ PENTHOUSE PLAN SCALE 1/11S- . "-0- _11Y co,,,.. OCCUPANCY : A-2.1 (NAX. OCCUPANCY LCWl, .00) ",i FIRST FLOOR PLAN SCALE 1/115- - 1'-0- GN BALCONY PLAN SCALE 1/115- - "-0. ........, CUSlIROOII )! ( BASEMENT PLAN ........ . PROGRESS PRINT NOT FOR CONSTRUCTION NOVEMBER 8. 2000 ___-1--__ 2. HOUR ME'A SEPNWlOH WAU. WIIM 10 UIM'E ~ 1 MOUlt EmIENC&.DUlE. Ml'M1OMNm:~ 1 HClUIl COlIM:JOIIt w.u.. 20 MIN. DODltS. "-'1OAROIlED LlI'D. 1IUll.IIINc:'" -....c 'I.' SECOND FLOOR PLAN SCAlI: 1/1." . 1'-0" GN ....w. _ORMATION 1.1 SCALE 1/1&- . "-0. GN - .......Of' ............. """"" """"""" lI'PE ...... .... .... """"'"" IUILDHG ME'A 'A' ...~I T'l'PE V t HOlJR 1 47,DCl Sf' za.MO !IF (let A.DDR) MIA IMCll(ASI: TMQS 2: SlIlEJ (I~. SI"'MIQ.fJt fGl(ASE (3) lJl.IIJIING MI'A'" E-I T1'Pt.,,~ . ...... IF ~=: t:= MfA ItCfDIt: Y'MOS Z SUS CloS) SflftINIQ,.p SI.8SRME eN( HOUIt 1lf9jld. OJR SAVIORS LUTHelAN OIURCH - ~ MINNESOTA ___ .'0.'421.11 ~ *" HCM:UIER L 2000 .... -a.--.........!!:!....- . " - . Exhibit D PROPOSED FLOOR PLANS llS'-r IOS..... I'-r 14'-0" ",-4' "'-r "-r. ~ ~~ ~ I ,...,. f= :11 = IJl!] 0 ;;; -- - - - = []!) - == DEI IJl!] . ;= =- 'J ~ ~ /1 h '-- ,-, . ~ ~ t ';j, r " ~ - ~--= ~/'C :)~ AlII ~ +~ c :::> VIt\ ~ r "LA}. i r--t=-m II . II I '..) ~~ .... .- " DEl I, U 13 LJOI l-W. ClICUII ~ ....... tj {r~~~ - r om aID rn ~ -, ------~ .~ 1\ ~ ...J LIJ~~~~. =-"'ii i-;... [E' l f ~ ~~, ~ : ~ ' , , "~ : H i I h - .Aj flJ ._., m~1 F--+' L-- I I I ___ ! I V }-rJDm ~ M-l1 V /;/ --L1-JJ ~:i~- n-II - - ~" --~ 11-j 5" I \ : : ""~---L -: t-- I _J' uuu____ --- _ _ -~- ----- ---J-- -<' - I -- om I l:::t ~, I [~ _ ~ ~ I lib-7''': D!!J .... 0i!J II I" 1=1fi i Comlll. ~ ~ 7 ~~ ~ ~ <WJ _ _m_l-_ _'"_ --- C!!J -J f' .L..... Ir----\ r----i~ -- v - i i "--i"~ l' i I -' .- I~/ \, I T-:~/ I r f~~n mB~m "\ /) - ...... IJl!] ~' I I I I I I lMAf ....... IE I~ I I I I I I I I I I I I I I 'h)I , I I ~I INAOC I .[]D. 'r . , I -- I I . , I -' I I I I I -- I , I , I I I <<~ 1-- -- -- ---~~~~~----------------------------- r "--, ."p" ,vi -~ ;1" Q~fi m I I I I I I ~ - O!!J FIRST FLOOR PLAN GN SCALE 1/11" - 1'-0" ~ ,l. " -0 .-0 . 'r 11 MOIl"'''' A ::a IA!E 1 PAlNf 8 ~"'n. COMPOSI1lClH U 2 ClRMlC 1U .... .... c =::: BASI: 3 IPCm'PIoINT D::.m~ 4 D = S1RUCtURE E=~ A 2. 2UY-lN B GlPSJM IIOAAD - .....T C I'LASIER W'nl FN5M COAT SHEET ....... 5 CLAZEDIlUlOC E Wl'W\.8ASE. ~ F .....,..... II .....,.... G PA~ lll.D 7 "'...... F 12Jl121US G 2. JLAT.... (IHQUlII) WALL TYPES -....... ~ 51EEL SNDS M1H '/If' (T'IN 'X") G'VPSUM IOMD '\' it [X1PlCfl1Nsut.A1ION FlNIIH STSlDI CONCIIEl! MASOIRY UfIIIT ......... ~ PROGRESS PRINT NOT FOR CONSTRUCTION NOVEMBER 8. 2000 PARTITIOIII 4.4 "..,... OUR SA\1ORS W'tHfltAN ~ _ ncnsIQR Y1NN[SQTA ........ 0110.1421.. ,........ .... ~. 2OQO ...... -&-........2::1-. Exhibit E FLOOR PLAN - ADDITION 4 ........ . 3 2 2 11 12 3 2 51 -- WHITE PtNE COl.ORADO SPRUCE WHITE SPRUCE IMCI( HUSSPRUCE GREEN ASH "SUM""'" FlOWERING CRASAPPLE -SNOWORIFr SUGM t.lAPLE NORWA't NAPL.E DWARF' WINGED EUON'l'WU5 lANDSCAPING SCHEDULE ........ - PINUS STROBUS PICtA PUNGENS PlCtA GLAUCA PICEA GI.AUCA DENSATA F'fWCiNU$ PENNsn.VNiICA -SUt.lNlr hIALUS "SHOWDRlfl AC!R ""'CHARUN ACER PLATAHOIDES . EUONYUUS ALATUS "COMPACT\JS ... . 5' .' 5' 2..S-~ S' SINCLE lRUNIC 2.5- CAUPER 2..5- CAUPER 1'- HIGH ,^', / ''-, /,' ''-, /,' "/'^"'" 1'>' .-<'.;----.... /,' / "+:7; "~ ,J .." ',+, ,'10+ I '1" , tI>. i <) /" / "~~~ " ,'. / "'-, y,.,/ / ", ',- " " "" / / " '-, Ji~' / "" ''-, 4'" " " ',- ' / ' " , ,........" -....."" , / "" t . '),/--;"'"'i ' ", ",--,/ . I "', " 'I ,. V / " " ,J ~'\/ " /> , <, /../ / Y " __" " c_ / / /F '- I. , ^ .. ~ .~ V , " '. O ~ /' , " /' ,,^', l,y / j " ..,. ",-" / / )'-~ / / // . ' ^ ',<-", " , I' <' / /"'" "" / / Ie, ,'/ "'" " / ., ~ / , " A..~ / , '.. '''', ' '( '~, , ."" , ' , 'v- / '",_ ' ," l' '~ "), 'if" ~/ ,/ _If -/ !!" , ,/' ,1 '+ "-:;"' ,# ~~ "9 /,.., ;t~ " ~, . ....~."W . "'=-"W / " 71.4' ___ ~ ~------- -:,../ "'-I /~ " - ------------------------------------ .-' ~ L-----,I3.-silini..i-w ( '. \I \I \I \I \I \I !i U PLANlWC SOL: '~PEAT, 1/3 lAND, 1/3 TtlPSQIL AND FERTU" TREE PLANl1NG DETAIL 1 SCALE 31'..1'-0" . . -- "';"71-; 4f'In;'; rOT // ''-.'- ./ PROGRESS PRINT NOT FOR CONSTRUCTION NOVJDaIER 8, 2000 HIGHWAY SEVEN 81ft DBVILOPIBIT 2.4 .------- SCAlE '" s 30-0" c3 Q.I - [XCElg0f( MINNESOTA pro,. OUR SA\1QRS LUTHERAN QiUR """*- OIto,.I429" ,..... HCl'tDlIIER. m:lD ::. ---.......!!:I- LANDSCAPING PLAN j- ., P.' Slo "'" Exhibit F LANDSCAPE PLAN '. ~, [ill] [[l] III] DID [[] .A......;:,;,.$ - fIDJOIO rF""" - rltJMOJM - ..... _ .. V I> '. ........... / I . . '. .' . II II II II . .. . .. " .... []] [IIJ ".. [[JJ[[]] 0 0 0 ROaC ,.u: c:::oMCRm: '-.........,,- 1'.0,~ 0IfJ ~ i~ A ~~/~~~_o~OUlH ELEVA110N :':"'$ 8LClQC. IIlLEND ClI" J Clll.OIlS """" . B ~~~!.'~~_..NORlH ELEVA110N ROCK 'ACE c:oMaIEI'E ILOCK. ILDG Clf' J Clll.OIlS j" JJ' /,'--;',\. I '.,-" \.. I /// ":<,:>~ f. 1/ '\.\ '""""",,- ,1/' " I ~/ /~/ ~/ n'------.Il ii L I iOJ] ~ ~ OJ] OJ] []II i -...---j I , I -i __--IDLJ I "'---">'.... ~ -- -- ~ "".o.~ $~r ~ '.o.~ ",,-_.'-0" . ~ ROCIIC'N:S.CDNCIII:Il IIJlClC. aEJC) OF .3 ...... . ",'T-T ~ ~ ~ ~ ~ PROGRESS PRINT NOT FOR CONSTRUCTION NOVEMBER 8. 2000 ....':;;::.$ ....... 1NCL0ItR 5.1 ---9 ~ oJ'.o. ............ '"\ ~$ .t:b.........!. 'l'rAMiSiiiiiiT fIl"OfIet OUR SAVIORS LU11fERAN CHURaf - EXCElSIQR MINNESOT" .....,.... ClBtO 14ft.. ,..... dWi NO'o9IIIER I 20lID *'--' ...!!r...-.cNcIIeid...!!:l.- ~$ ~.... ~ t Architecture Incorporated I --- c ~~r. ~~VATlON D ~~; ~~VA110N Exhibit G PROPOSED BUILDING ELEVATIONS . f " . . . WSB 8441 Wayzata Boulevard, Suite 350 Minneapolis, MN 55426 B.A. Mittelsteadt, P.E. Bret A. Weiss, P.E. Peter R. Willenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. & Associates, Inc. tel: 763-541-4800 fax: 763-541-1700 November 29,2000 Mr. Larry Brown, P.E. City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 ,I '3. n ')nUn ' ,.I \,0 \} l~", \, Re: Plan Review Our Services Lutheran Church WSB Project No. 1074-571 Dear Mr. Brown: As requested, we have reviewed the site plan for the above-referenced project. Our review included the following: A. Grading, Drainage and Erosion Control Plan B. Hydrology Report C. Site Plan Based on our review of the above, we would offer the following comments: 1. A project location map should be added to the plan. 2. The location of the rock construction entrance should be identified. 3. For the proposed pavement section, the final lift of bituminous wear course should be Type 41A. Soil borings should be provided to verify the proposed section as a 2-foot sub cut and sand subbase is used in most areas of the City. 4. For the parking lot west of the existing building, concrete curb and gutter should be constructed around the perimeter of the entire parking lot with a curb cut for access to the drive to the north. 5. Proposed locations should be added to the proposed island south of the existing building to show how the area will drain. 6. It is not clear from the plan what existing utilities are to remain. There are several existing utilities located under the proposed addition that will need to be removed. A combined existing site plan and removal plan should be provided. Minneapolis · St. Cloud Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER Mr. Larry Brown, P.E. City of Shorewood November 29,2000 Page 2 ,# 7. We would question whether or not new sanitary sewer and water services would need to be extended to the new addition. 8. Existing topography information should be shown for a minimum distance of 100 feet around the perimeter of the site. 9. The proposed concrete curb and gutter at the east entrance does not appear to match the existing bituminous. The layout of the concrete curb and gutter in this area should be reviewed. 10. The drainage plan will need to be submitted to MnlDOT for review and approval. 11. The parking lot and parking stall configuration in the southeast comer of the main parking lot should be revised to maintain a 24-foot wide drive lane. 12. The plan should identify trees that are to be removed to accommodate the proposed grading along the east property line of the site. . 13. For the proposed retaining walls, the top and bottom elevations of the wall should be shown on the plan. Also, walls greater than 4 feet in height will need to be designed and certified by a professionally registered engineer. 14. For the slope area to the north of the new addition, better definition is needed to show how surface runoff from the slope will be directed around the building. 15. Based on the proposed hydrant location, it does not appear that the one hydrant is sufficient to provide fire protection for the entire building. 16. The site layout should be reviewed to determine the feasibility of a bus loading/unloading area . internally on-site rather than from the service drive. 17. If there are any future plans for a frontage road to be extended along the site, the site plan should be designed to accommodate a frontage road in the future. 18. We have not yet completed our hydrology review of the calculations submitted. We will be submitting those to you under a separate memorandum. At this time, we would recommend that the staff memorandum include the following comment: "All drainage improvements, including ponds and storm sewer pipes, are subject to the final approval of the City Engineer," F:IWPWINII074-S7\112700Ib,doc .. :' . . Mr. Larry Brown, P .E. City of Shorewood November 29, 2000 Page 3 Should you have any questions, please do not hesitate to contact me at (763) 277-5787 or Dave Hutton at (763) 277-5795. Sincerely, ~:~~ ,. Andrew 1. Brotzler, P.E. 7~ Project Engineer bba F:\WPWINII074-S7\112700Ib.doc James Robin 5935 Glencoe Road Shorewood, Minnesota 55331 5 December, 2000 !~O ~ (~'fE -n-WI ~~~. ." : Ute: 01:; ?nnra II . I ~ c..uuu . I . I By Mr. Brad Nielsen, Planning Director City of Shorewood 5755 COtmtry Club Road Shorewood, Minnesota 55331 Re: Our Savior's Lutheran Church 23290 Highway 7 Dear Brad: . I have the following comments for the record at tonight's Public Hearing regarding the proposed building and site project at Our Savior's Lutheran Church. 1. The proposed building design appears to cover large areas of the existing stone church which I feel is a handsome building and has a commanding image and presence. 2. The proposed building massing and materials appears to be incompatible with the existing buildings. 3. The proposed building appears to have a flat roof which will probably have rooftop mechanical equipment and venting. This will create an unacceptable view for those of use who live above the site. 4. Screening objectionable view oflarge building masses and parking from the neighborhood with plantings will be difficult and expensive. Thus, it probably won't happen. 5. The site plan shows an increase in parking and building mass which will generate an increase in rainfall rtnlotI. How is this being managed? 6. The increase in auto and bus traffic in and out of this site onto Highway 7 should be looked at very carefully in light of the steady increases in highway traffic over the past several years. 7. How does this project fit into a Master Plan for the Church? Is this the end, or an interim solution? 8. Ifthe additional space is to be used as school space, how large is the increase in students? What impact will this have on the green play area which is already heavily used at times. If the proposal on file is not modified to address these concerns, I would oppose the project. . 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 November 2000 RE: Russell, James - Setback Variance FILE NO.: 405 (00.31) BACKGROUND . MI:. James Russell owns the property at 26080 Birch Bluff Road (see Site Location map - Exhibit A, attached). The property is occupied by an old cabin, a carport and two accessory structures, as shown on Exhibit B. Due to recent storm damage, Mr. Russell must replace the existing roof on the structure. As explained in his letter (Exhibit C), Mr. Russell wishes to place a foundation under the existing cabin in conjunction with the roof replacement. Since none of the structures on the site comply with current setback requirements, he has requested variances to allow the cabin to remain in its present location. The property is zoned R-IC/S, Single-Family Residential/Shoreland and contains 16,204 square feet of area. The existing cabin is only six feet from an old street right-of-way called Third Street, which is classified as a "fire lane" on the Zoning Map. Since these fire lanes are technically street right~..of-way, a 35-foot setback would ordinarily be required. As shown on Exhibit B, two small accessory structures located on the property not only fail to comply with setbacks, but are actually located within the public right-of-way. ANAL YSIS/RECOMMENDATION While there is significant precedence for granting a variance to the setback requirement from the fire lane, there is also a good opportunity to achieve better compliance with current standards as part of the proposed work on this site. n '-.1 PRINTED ON RECYCLED PAPER ~ Memorandum Re: Russell Variance Request 30 November 2000 The City has granted variances to fire lane setbacks on at least three other occasions. Similar requests have been granted in recent years on Birch Bluff Road, Ferncroft Drive and Glen Grove Path. It is worth noting that, following a lengthy fire lane study a few years ago, the City decided to retain ownership of fire lanes for lake access, rather than vacate them. In essence the fire lanes are more like park property than street right-of-way. For example, the Glen Grove Path fire lane was maintained primarily for drainage purposes. The Eureka Road fire lane is designated as a Class ill fire lane which allows pedestrian access to the lake, fishing, and launching canoes and small boats not requiring a trailer. The Third Street fire lane is similarly classified. . When viewed more as park land, it is appropriate to require nOlmal setbacks. In this case, the westerly property line would be treated as a side lot line. For lakeshore lots, a total of 30 feet of side yard must be provided, with neither side being less than 10 feet. Although the applicant has requested to keep the building in its current location, it is recommended that the building be turned on the lot to comply to the extent possible with the required setback requirement. Construction of a new foundation requires the building to be raised up anyway. Since the cabin is 46 feet wide without the carport, and the lot is 75 feet wide, the building will be one foot short of the 30-foot requirement, but far more in compliance with current standards A review of the home locations on Exhibit G illustrates that not all buildings have been oriented parallel to the lakeshore. In fact, the house immediately west of the subject property is oriented to the lot lines. In turning the structure it is highly recommended that the applicant consider moving it back 10-15 feet in order to accommodate possible future decks or a patio on the lake side of the house. It is recommended that the carport be removed. It is also recommended that the two accessory structures be brought into compliance with setbacks. This may mean the demolition of the earth-sheltered building that encroaches onto Birch Bluff Road. One problem with leaving it where it is relates to the Zoning Code provision for average setbacks. The properties on either side can use this structure to reduce their front yard setbacks. . It is recommended that the applicant be granted a variance to the 35-foot setback from Third Street, subject to the following: 1. The house must be turned and situated 10 feet from the easterly lot line, leaving 19 feet from the Third Street r.o.w. 2. The carport should be removed as part of the roof and foundation work. 3. The two accessory structures should be brought into conformity with R-IC/S setback requirements. 4. Strong consideration should be given to moving the building back from the lakeshore to accommodate a future deck or patio. Cc: Tim Keane Joe pazandak James Russell -2- C/) LL o ~ - t) l- LL o ~ - t) UPPER LAKE MINNETONKA Subject Properjy ,\, ,\, ,\, ,\, ,\, ,\, 00 [ o 500 Feet I ~ N Exhibit A SITE LOCATION Russell Setback Variance 26080 Birch Bluff Road lscription: : 75.00 feet of Lot 22, ........' _......, , I -- ']..8- - . , -,- I , , ;'7 , I '- ~, ,~ z I ;10.21,100 ~ "He STtJl/.Y N I t:/lIIHE. ~at 1I01l5l!!. I I 1 I I j i I I - -~---I 1f'f17.2. I I J 50 2.'J ~AME i i :...--. Z5 I I J-- --- '. \) :A""I;~E: ~ 2.<1- ...." ;.... . ~. . ". . ~, " .". /" /' ~. /~ ~. ,/ ~#-:! /- , ''11,;fl-', ..#1;;. - }'!:~ , ...' ~, , , /j - 4i"i t!,,~ ., /3' 6I-~" - tJ~v jfJ.!rI.. go.Il'J fJ . q~J}}.', ,,6(,'- \ \!.!.'- - \ \ , ^ II' --l~ ~';'Ii"- . '-\j - . ~ ~ ,.... '-' ~.... ':) ',- ~.... ~~ , I ....J 1'- -' ... ~ t"'....', '""'""'" I t:) l!.s l\ ('~ . ',I ~, ~~ ~.. l. ~:), .... ~ Q ...... '" I , '--. or zz I I >-i i I l' I ....... 0 ~ ~ l'\. .'1.:) \ !1i I,).. "l>.. ~ 1'<<:1 ~ h.. ~ ~ ~ ~ I " ~. J !'o: " ~ \ , '.. J Il/lFA :: )(" 1~1 t:/l.P/' "-'-7, .- . NORTH \ i-l .... :" : ^ Scale: 1," = 20 I o Denotes iron monument 'xooo.o = Existing eleva Bearings are assumed 1"_ -' _ _ _l<~'~''iI - ' - - I so - ' - '4.7 I rlo.~ '". 'rHO - J~. \ PflfIIl7'6 I !lpll' ~ .70\'....~.:( "1 ,. ':,:" . .... . I .. :.;:'....~ ,: . . :'" .:',' 1\ I ~ . \'0 .."" ~ ~ ~ ~ -rri .... ..... . @. 7bPe>/~IIt/..;:t?fM. \ --~'.- 1\ \ " ,-,"/.. 7',' t_.. ......'1 t. I 1\ \ \ Ion "'~ ----- \ --------. .,,," 1 I I ~..1'"tl(." Top of manhole intersection Bi N.G.V.D. 1929 adjusted elevati. .r hereby certify that this is a true and c- 'of a SU~vey of the boundaries of the above the location of all bUildings, if any. r.h~' encrnt=lr"hmQn+-... Exhibit B EXISTING SITE PLAN . . Subject: To: Request for a variance from the setback requirements Shorewood Planning COrrmUssion and Council On July 7, 2000 a large tree limb fell onto the roof of the dwelling at 26080 Birch Bluff Rd. causing damage to the roof peak and attic. The repair will require changes in the structural members in the attic and second floor. The dwelling which was built in 1880 according to the Hennepin County Treasurers record, does not have frost free footings beneath its foundation. Your applicant has decided to install proper footings and foundation before making the attic repairs, but is confronted with the following: 1. A 35 foot sideyard setback from the firelane which adjoins on the west. 2. A 30 foot sideyard setback total which applies to shoreline lots. 3. The encroachment on both the Birch Bluff Road right of way and the firelane by a stone and concrete structure which lies on the southwest comer of the property. 4. The encroachment by a cement driveway on the firelane. There are special conditions and circumstances peculiar to this lot and the terrain which should entitle the applicant to a variance from the ordinance requirements. 1. The city planner informs me that previous requests by landowners for relief from the firelane setback requirements have been granted and that the firelane is treated as an ordinary lot line. Also, it is my observation over fifty years that the use by the public of the fire lane is minimal and is much different than with an ordinary public street. 2. The Birch Bluff Upper Minnetonka plat was filed May 10, 1881 and used parallel lot lines from one end to the other, ignoring the angle of the lot lines to the lakeshore. It probably wouldn't be done the same today. The dwelling was oriented to the lakeshore, and not to the sideyard lines, and only crosses the sideyard setback line on one comer 3. The stone and concrete strucuture built into the hillside formed by Birch Bluff Road and the firelane was probably built when the house was built, the fireplace and chimney and the stone building in question probably were the work of the same stonemasons. At any rate, it is not a noticeable building from any angle, does not infringe on the light and air of any neighbor, does not interfere with the use of the roadway or the firelane and has great value to the property and to life and limb because it is a safe storm shelter. There is no other storm protection available at this house which faces north and west and gets nearly every important gale. 4. The lot in question along with its neighbor on the opposite side of Birch Bluff Road is the low point on Birch Bluff Road. The lot is lower than the Birch Bluff Road roadbed and lower than the firelane. The east portion of the firelane is an incline down to the lot in question. The encroaching driveway on this incline protects it from erosion and provides traction on the incline. Literal interpretation of the terms ofthis ordinance would deprive the applicant ofthe right to preserve a worthy and historic lakehouse by installing a proper foundation. A new foundation would probably require only a building permit on a different property. The special conditions and circumstances that require this request for variance are the result of a plat and building placement 119 years in the past, and also terrain conditions, and are not the result of actions by the applicant. . / / /'. // /J ~~N/V~& ~~piicant: //~ Exhibit C APPLICANT'S REOUEST LETTER Exhibit D SITE PHOTOS - 1 Exhibit E SITE PHOTOS - 2 Exhibit F SITE PHOTOS - 3 &= ~~i56~~_/ -.J \:~,'" /" l.LrG4O~'" .~/~~ -~. r ~ <--;-- ~ ~ ~ (J\K.-fJj Cr:".v ~rl,~"rll" _"\~ ~ ~ .\,.( //::;;.-:: ~~ )("I\ L j~: ~0 . ,.~ < ~~~\\~\(!J . 1 ~I I~" ~\]_tqa ~;:: ~: )1'.'.' '~~ ,,~~y ~ ~,,,. ... ~ 101 n,- d:::~ _, t,.." -1...~ ~ V"- ------, , WI.;::;;:\ i2. . ~~ \ ~ ~~hl ,...~ ;; B ) ;ZZA)Ji> ~ 1 I:::~ ~3 ~)~ r.' I "'" :2 g! ~ ~ ~ ~ 1 ..~-"~~.==.~ ~ ~ ts ~ __ \ ~fIf' '. L ~ ~ . - JJ l)~ . ':Ii . ~~ ) ,,~.. ( A ~"d-~ :vq ~ { ... ~ ~ ~ ~~ !' . . ~. j ~ A ~.~ \ ~p I)', 77 :..0 '( .../." 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City of Shorewood c/o Planning Dept. 5755 Country Club Road Shorewood, MN 55331 Subject: James Russell Project, 26080 Birch Bluff Road Please let it be known that we support Mr. Russel's request for a setback variance, which would allow him to construct a new foundation under his house. . ~OU~~~~ Leo & Marcia Meloche -aM ~ M q. ~ ~ \q -1 ~ g C1l ~ () 'i--o' ~ _~ 0 _ co 0 00 ~ rcr ,0 d .. ..() ~ ~ 0 0 ~ -'{) -s "' ~ \J) . [~-:=z . \llif 8 :.:;~:: ~ . ~. .;:-:. 'IUl ,~ t-- ......_. (L" '~:i : r~~J::_ . .. t ~ ~ r 0 l ",-- ~'"() ~ ~. S q)" - ~ -~"l 0 !.' ~ ~ 't ~ ~ ~ { -\: t .., \\-={ d ~ 'F- (\-; ~ Il .. Q ~ ~ t' ,,{\ /_ ( ~ "S - ~ -... f'l ~ ~ ~ - .J \Jl . .~ "l ~ 't ~ ,l ~ ~ ~ 1 ~~ J") -~--n ~ J>~ ~ ~ ~ ~ 't:.1 ~ ~ "-t--+... ~ '::f ~ J 4~ ~) .t!l~. ~ i :. ~ "'.) Q). j ~ ~ S;;- l - .... '1 ~ \.. ~ ..... to( ~\ V] ~ ~p J ~ 01 l\ . ~ :S. oJ ~. -" ~ "l - ~ ~ I' (} ~ \It "l,." 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(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: 29 November 2000 RE: Young, Scott - C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (00.33) BACKGROUND Scott Young has applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 26865 Edgewood Road (see Site Location map- Exhibit A, attached). . Mr. Young proposes to build an attached garage on the east end of his existing home, as shown on Exhibit B. He also proposes to build a gazebo to the sout~ of the house. Since the area of the garage and the gazebo, when added to existing accessory structures on the site, exceeds 1200 square feet, a C.U.P. is required. The property is zoned R-1NS, Single-Family ResidentiallShoreland and contains 92,789 square feet (2.13 acres) in area. As shown on Exhibit B the site is occupied by the applicant's home, a detached garage and two sheds to the north of the home, and a small garden shed to the east of the house. The accessory buildings have been numbered 1-4 for reference purposes. Following are the sizes of those buildings: #1 - 10' x 10' #2 - 10' x.20' #3 - 22' x 35' #4 - 6' x 8' 100 sq. ft. 200 sq. ft.. 770 sq. ft. 48 1118 sq. ft. The new attached garage will have 576 square feet of area, and the gazebo will have 144 square feet, bringing the total area of accessory structures on the site to 1838 square feet. The house has 2175 square feet of floor area on the main level, with an additional 1151 square feet #. ~.1 PRINTED ON RECYCLED PAPER -1C- Memorandum Re: Young CUP 29 November 2000 of floor area above grade on the walkout level. The total floor area above grade amounts to 3326 square feet. The applicant explains his request in Exhibits C-1 through C-4. Elevations of the house with the proposed garage are shown on Exhibit D. As of this writing, plans for the gazebo have not been submitted. ANAL YSISIRECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Zoning Code provides criteria for granting conditional 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 (1838 square feet) does not exceed the floor area (3326 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-1A zoning district (.10 x 40,000 = 4000 square feet). c. The proposed garage addition complies with R-1A setback requirements. The total area of impervious surface proposed for the site is approximately 14 percent, well under the 25 percent allowed by the Shoreland District. It is worth mentioning that the house and all of the accessory buildings are well buffered from surrounding properties by existing vegetation. . . As can be seen on Exhibit B, building #2 appears to be situated on a sanitary sewer easement. A review of the applicant's title information suggests that this easement is likely an error. Nevertheless, staff is not recommending moving this building, since, even if the easement does exist, it serves only the applicant's home. Moving the building off of the easement area would only result in unnecessary site alteration. d. Since the new garage is an integral part of the existing house, architectural compatibility is not considered to be an issue. The applicant proposes to remodel all of the existing accessory structures with siding and roofing to match the existing house. This is viewed as lending some continuity to the site. Despite the number of accessory buildings proposed, the site is large enough to support them. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted subject to a condition that the outbuildings be remodeled within one year, per the applicant's plans. The applicant should submit an estimate for the cost of this work, from which a letter of credit will be required to guarantee timely completion. cc: Tim Keane Joe pazandak Scott Young -2- II I ;)~ ( ~ ~ U \ UPPER LAKE MINNETONKA = "" \ ~~ ~ ~~ -- ~ \ /1---1 r ~M ELMRDG I n I k ~II ~ I) '/; ~~7 E II ,b II OR I ~ II!. I~II '" /; r i i J[j I I i I~ . **j I 1/ <:'--7 . ~H NO rn.kJ~ ~ ~ '" .. / '/ ). 'clR~ ?~ ~ ~L r= ~l C-. ... ~ ~,.".~ JJr---n"'~ I~ I t------ ~ ~Ii ~ . ~~ ~"_~e~ ;~':3_ ~' <_:;::>} , I il..v~v . ]~~ i~1 /' 1 ~ oJ" 'f9 \ "'" ~7 /'f " . ~ vVI/ / I ~. - PJ~. : · ' · · ..: 2.~ I ~ ~~S, ~ ~~ ~~ ~1.. . .. · 1. ~ ~ JJ j,,\ ,.MIRsHPOINTEd,URT,- ~ ~ L:J ~~ ~ - q 2. /.t '""" POINTE ClROt I i!i ';lj IT t--T W 10 --l yV ~ (). '---' '1 ~N on L----- , ~ ~.. V.., J L I ~'- c--'~ ~ ~ J9~., .. ~~ ~ =-'ffr~ ~ \ T ;~,-~~':L 1- RD ~ 1\~jjQT) ~ p,'f:.. 500 [ o 500 1000 Feet ] ~ N Exhibit A SITE LOCATION Young - C.U.P. : · -.~l~~'-- ( c., ~1~i ~ '-.-1--... ~~ : I t.I I";'-:..~..."",. -~--__ ~~_ ~ f\.l>~-r----___ --''''/" -- ""0"..... ~.::tst' I __ -r~ "i-~~ -\- I . W I /" I) I l I I />.) '" f"l- ">> :;)> ~ 0. ~8: ---------------O~~ --~-------------t------~ k- ----~f~--__=_ -r, _ <> o , _ _ - -, ~ 0----1 -y- _ _ I I I I I I I I I 1- " o o 1 101 I I I I I I '", I~ I~ I~ I> I~ I~ II: I~ I ~ ~ I~ ' ' ,-, '"<l..o ,~ /.' i--.:.;. ,',,---- " , !~ t ~ : ,- i.~----Qt ~-----+------ J'~ ~ L::'..-> ! ~ ~ , , \ "L -- --- - _.l_ ----i- .....~~ - - - - - ~""'-~fii -, I I '" """"'" ". "''' .."""" 0 -- J -:;t-........ ~ ."""'" ",",,0 ..- --i 'T I, ONY 3~VNlVijC --~p 0~1 _ !:!. JO~ ~g ~-----~~~-~O~~~~O--~~ i <D i.. ~ lllI :n\1DS DIHdVHD -- :nllmptm JOhaA.lllS f1ltloFS~Jo.r.r 11 ptIll .JOO~liII f1ltlO~~Jo.r.r 11 ure I ~lIlp PtIllIIOF~ ~~ Am mpun JO gm Aq ~I ~~- :3 ..rz.so.lQ S --ZZ"90v-- - 1N31'l3SV3 Alnlln ONV 3llVNMIC ~~~~~~~~--------------------------------- all - " 0' ~I ~I ~I ~I ~I E!I ::tl ~I ~I ~I ..... O3tIOI'l 3B 01 03HS ,~-~~------------~-- '~ '. '~8XI ~ ,...~ ""'--... 3A1lIO 13\VlI9 03S0d0lId "- --rr"LSl-- M SZ.SO.lO N --~ . . ~Oll gS!i\;\.mlpO S~)lm 19s '!;E~6 mqtttnN 3SU3:!!,! ~S ~o ~md , ~ ~I ....~ :.o~ ......~ ...c:::E-< ><- ~CI') - , I I I I ~~ ~Ch 01-1 01 I J - ~tmp~s:ua.:s Scott Young Vicki Callahan 26865 Edgewood Road Shorewood,~. 55331 (W) 572-7271 (H) 470-6854 Additional Documentation Supportine: the Conditional Use Permit Request for a Conditional Use Permit for the construction of a 24' X 24' attached garage. This attached garage will provide storage for two passenger cars and will provide personal safety and secure access to the home in all weather and other safety conditions. This is especially important to our considerations given that one of us travels often and, with the isolated and remote location of our property from public view, we worry about the safety issues that arise when one of us arrives home late at night and has to deal with the issues that arise in parking in a detached garage located away from our residence. . In addition to this attached two car garage, we plan on refinishing and converting the existing detached garage into a home maintenance work shop and indoor storage facility for our recreational and fishing boats and supportive maintenance equipment. It is our preference and intent to provide dedicated storage for these items in a non-obtrusive, safe, secluded and confined area that is cosmetically complimentary and architecturally consistent with our theme. The existing 10'X 20' and 10' X 10' utility sheds will be dedicated to our riding lawn mower, lawn maintenance and snow removal equipment. This includes: 60" riding lawn mower and utility cart, mulching mower for trim work, various and assorted equipment for lawn maintenance, snow plow, snow blower and various ancillary equipment. . The existing 6'X 8' garden shed will be relocated to the dedicated garden area in the south west corner of the property. Given the remote location of the dedicated garden area, it is important to us to have easy access to necessary garden maintenance tools to maintain this area. It is our intention to enhance the exterior with residential quality windows, cedar shake siding and architectural asphalt shingle roofing materials consistent with the main house / garage appearance. It is our intent to remodel these exterior structures to be consistent in appearance with our main house / attached garage space area. Specifically, it is our intent to surface the exterior of all structures in cedar shake siding with architectural asphalt shingle roofing materials and residential quality windows as specified. We have also included future landscaping plans that include the addition of a 12' X 12' free-standing gazebo, fire pit, barbecue area, patio area, and water feature that will compliment our existing planned landscape. Exhibit C-1 APPLICANT'S REOUEST 24' 24' GARAGE PROPOSED ACCESSORY SPACE (24' X 24') 26'S" 24' (') I tv . :..:. \. ...: ~ -..........; T 16'5" T 10'3" 1 I L I 8'1"-1 ~ . I-- 8'-1 KITCHEN --, 82'6" DECK T 46' MASTER BEDROOM 28'S" . ~14'~ 2' 14' ---f 2' DINING ROOM ~ 16' 74' 5" UPPER LEVEL PLAN 26865 Edgewood Road Shorewood, MN 55331 . Backyard view, before the proposed remodeling, of the upper level, deck and walkout lower level. . C-3 . . The existing detached garage will be refinished and converted into a home maintenance work shop and indoor storage facility for our recreational and fishing boats and supportive maintenance equipment. It is our preference and intent to provide dedicated storage for these items in a non-obtrusive, safe, secluded and confined area that is cosmetically complimentary architecturally consistent with our theme. Front yard view of the home before the proposed remodeling. C-4 Accessorv Space Dimensions Proposed attached garage 24'X 24' 576 Proposed detached gazebo 12' X 12" 144 Existing detached garage 22'X 35' 770 Existing utility shed 8' X 10" 80 Existing utility shed 1 O'X 20' 200 Existing garden shed 6'X8' 48 Total accessory space 1,818 Sq. Ft. . House (above eround) SQuare footaee House Upper Level After remodeling 2,175 House Lower Level Above ground walkout 1,151 Total above ground square footage 3,326 Sq. Ft. . C-5 1 -; . t. . ~ . .. :-.~~. '.J".j:.ii:'-t.'~... (:) "1: ,"'\.:. r\ ;'" .h :.-LHJ .r . - .. ]., . . 0" ~, ~ .. ~ ... ilB: ~.H~ t]~ :-i.qjti ,{:, " -r:tW~I: -' '~r " '~.~ ~ o - E-< -< > r:.l ~ = ~ o CI} "~ "~ o z "l:l.... .uM OM ~~ "l:l. ~~ 1lo"l:l ;B 8 II"> ~ \C l!:! 00 0 \C..c MCIl <J Exhibit D PROPOSED BUILDING ELEVATIONS .~).:.. l" ,:.,,; rEI z '\ . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO SCOTT YOUNG AND VICKI CALLAHAN WHEREAS, Scott Young and Vicki Callahan (Applicants) are the owners of real property located at 26865 Edgewood Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 9, Block 1, HERITAGE, Hennepin County, Minnesota"; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space on the property, will bring the total area of accessory space on the property up to 1838 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 29 November 2000, 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 5 December 2000, 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 December 2000, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in a R-INS, Single-family ResidentiallShoreland zoning district and contains approximately 92,789 square feet of area. 2. That existing accessory buildings located on the property include a detached garage, and three sheds. , 3 That the total proposed accessory space (1838 square feet) does not exceed the floor area above grade of the principal structure (3326 square feet). 4. That the total area of accessory space does not exceed 10% of the minimum lot area for the R- 1 NS zoning district in which it is located (4000 square feet). 5 That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 6. That the proposed attached garage complies with all setback requirements for the R-INS zoning- district. 7. That the proposed garage will bring the total amount of impervious surface on the site to only 14 percent of the total lot area, whereas the R- INS district allows up to 25 percent impervious surface. . CONCLUSION A. That the application of Scott Young and Vicki Callahan for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: I That the proposed garage will be used strictly for purposes of a residential nature. 3. That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. That the Applicants shall make improvements to the existing accessory bUildings. the property as described in Exhibit A, attached hereto and made a part hereof. 2. 4. That the Applicants shall, at the time a building permit is issued for the attached garage, submit a letter of credit or cash escrow to guarantee that the improvements described in Exhibit B will be completed within one year of the issuance of said building permit. c., That the Acting City Administrator/Clerk is hereby authorized and directed to provide the Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. -2- \ . . ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 11th day of December, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR/CLERK -3- . Scott Young Vicki Callahan 26865 Edgewood Road Shore\vood,~.55331 I 12/3/00 In agreement with the recommendations specified by Mr. Brad Nielson, in the 11129/00 memorandum to the City of Shorewood's Planning Corrunission, Mayor and City Council, we have attached an estimate for refinishing the outbuildings that are detailed in the "Conditional Use Permit, "File number 405 (00.33). It is our intention to refinish the said outbuildings ourselves. At this time, we anticipate applying for our building permit for the attached garage and home remodeling project mid-January, 2001, for a late winter or early spring construction date, providing building crews can be secured for these dates. Our plan is to enhance the exterior of the outbuildings to be cosmetically consistent with the appearance of the new attached garage and remodeled main house. The outbuilding remodeling will ~onsist of installing residential quality windows in one shed, painting the new or existing siding and re-roofing each building with architectural asphalt shingle roofing materials consistent with the those of the new attached garage and remodeled main house. While the exact stone and siding material has not been chosen at this time, we know the style and quality of the materials that will be used. The estimate below reflects the materials we anticipate using. . Structure #1 (10' X 10') This outbuilding is frame constructed with vertically grooved e},.1erior plywood siding and a semi-flat pitched roof. The entry door slides on a tract across the front of the shed from left to right. Since the shed is dedicated to storage and is tightly surrounded by tall arborvitae trees, it is our intention to re-shingle the roof with roll roofing, repaint the existing siding and trim with a paint color that compliments the main remodeled house and not install any windows. Roofing: GAF Weather Watch roll roofing, 30 Lb felt, roofing nails Siding and trim $18.00 Paint: Labor: $20.00 o $38.00 Structure #2 (10' X 20') . This outbuilding is frame constructed and will be resided with shake style lap siding and re-roofed with architectural asphalt shingles that will be consistent with what will be used on the new attached garage and remodeled house. Two Anderson windows will be removed from the main house during remodeiing and installed on each side of this utility outbuilding. Roofing: GAF Timberline Ultra T40 Shingles, $60.00 30 Lb felt, roofing nails Siding: CertainTeed Fibercement (shake) lap $600.00 siding, nails Misc. Trim and framing lumber $50.00 Lumber: Paint: Siding and trim $35.00 Labor: 0 $745.00 Exhibit A a . . Structure #3 (22' X 35") This existing detached garage is frame constructed and will be resided with the same shake style lap siding 1 stone work and re-roofed with the same architectural asphalt shingles that will be used on the remodeled house and new attached garage. The existing windows and doors will remain in their original configuration. Roofing: GAF Timberline Ultra T40 Shingles, $110.00 30 Lb felt, roofing nails Siding: CertainTeed Fibercement (shake) lap $750.00 siding, stone work, nails Misc. Trim and framing lumber 50.00 Lumber: Paint: Siding and trim 50.00 Labor: 0 $960.00 Structure #4 (6' X 8') .. This garden shed outbuilding is frame constructed with vertically grooved e},.1erior plywood siding and will be re- roofed with the same architectural asphalt shingles and repainted to compliment the siding and trim of the new attached garage and remodeled house. Roofing: GAF Timberline Ultra T40 Shingles, 30 Lb felt, roofing nails $18.00 Paint: Siding and trim $15.00 Labor: o $33.00 Estimate totals for refinishing the existing structures Structure #1 Structure #2 Structure #3 Structure #4 $38.00 $745.00 $960.00 $33.00 $1776.00 .. MEMORANDUM TO: . FROM: DATE: RE: FILE NO.: BACKGROUND CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us . Planning Commission, Mayor and City Council Brad Nielsen 4 December 2000 Triple B Equities - Site Plan Review 405 (00.34) Mr. Blair Bury, representing Triple B Equities LLC, owns the property at 24470 Smithtown Road (see Site Location map -. Exhibit A, attached). He proposes to expand the existing building on the property, as illustrated on Exhibit B. Since the property is zoned C-3, General Commercial, the project,is subject to site plan review by the Planning Commission and City Council. . The property contains 40041 square feet in area and is occupied by 4000 square foot pole barn and a 400 square foot garage. The pole barn was built prior to Shorewood's current zoning standards that prohibit this type of construction. It was initially used n conjunction with an auto sales lot. Most recently it has been used as a clothing embroidery shop. Land use and zoning surrounding the site are as follows: East: North: West: South: multiple-family residential and vacant; zoned C-3 conservation open space; zoned C-3 and R-1C American Legion; zoned C-3 Minnetonka Country Club; zoned R-1A Mr. Bury proposes to build an addition on the west side of the existing building, removing the small garage from the property. The proposed addition measures 55' x 68' n t.J PRINTED ON RECYCLED PAPER 4t1b J Memorandum Re: Triple B Equities - Site Plan Review 4 December 2000 and contains 3740 square feet of area. Exhibit C shows a simple floor plan for both the existing and proposed structures. Mr. Bury proposes to use the building primarily for storage of antique cars and some recreational equipment. ANAL YSIS/RECOMMENDATION Following is how the applicant's request complies with the requirements of the Shorewood Zoning Code: A. Land Use. Since the C-3 District does not allow warehousing as a permitted use, the closest type of use permitted would be motor vehicle and recreational equipment sales. This would be limited to indoor display and storage unless the applicant obtained a conditional use permit for outside use. The applicant is in the process of obtaining a motor vehicle dealer's license from the State. . B. Building Setbacks. Both the existing and proposed buildings comply with the requirements of the C-3 District. The Zoning Code requires a 30-foot front setback, a 30-foot rear setback and 15 feet on the sides. The existing building is 216 feet back from Smithtown Road and 20 feet from the east property line. The new addition will be 15 feet from the west property line and 30 feet from the rear of the lot. C. Building Height. The C-3 District allows buildings to be three stories or 40 feet in height. As shown on Exhibit D, the proposed building is one story, 23.5 feet in height. . D. Parking. The Zoning Code requires 22 parking spaces for the use that is proposed for the site. Existing parking, as shown on Exhibit B, is more than adequate for the limited activity that the applicant proposes. In fact, the amount of parking and circulation is somewhat excessive in two areas. The amount of paving in front of the new addition could be reduced substantially, in favor of additional landscape area. Secondly, the existing driveway for the site is 30 feet in width, but flares out considerably more than that before it reaches the paved surface of Smithtown Road. This should be necked down by reducing the radiuses on the driveway. As an alternative, the applicant could grant the City an easement for utilities and pedestrian traffic across the southerly fifteen feet of the property. The bituminous area south of the new addition must have concrete perimeter curbing. Since neither that or the paving will occur until next construction season, it is recommended that the applicant be required to submit a letter of credit or cash escrow to guarantee that the work will be done by the end of next summer. -2- Memorandum Re: Triple B Equities - Site Plan Review 4 December 2000 E. Building Construction. As mentioned, the existing building is not consistent with the standards set forth in Section 1201.03 Subd. 7.c. of the Zoning Code. The new addition will, however, comply with current standards. Per staff's direction, the applicant proposes to remodel the existing structure, replacing the existing steel siding with an ealth tone vinyl siding around the entire building with brick wainscot on the front of the building. A shingle, mansard roof system will extend around the perimeter of the building. This goes far in bringing the existing structure into compliance with the Code. F. Landscaping. The applicant's plans indicate some additional landscape treatment in front of the existing building and in the corner formed by the addition. However, no details have been provided. It is recommended that the applicant submit a detailed landscape plan, showing species, size and spacing of proposed vegetation. It is also recommended that the plan include at least five six-foot conifers along the east side of the building to break up the mass of that elevation. . G. Grading and Drainage. The City Engineer addresses this under separate cover. Subject to the recommendations contained herein, it is recommended that the applicant's plans be approved. The applicant is reminded that the use of the property is limited to motor vehicle and recreational equipment sales only. Any type of outdoor display or storage will require a conditional use permit. Any sign age proposed for the property is subject to review and approval by the City Council. Cc: Larry Brown Joe Pazandak Blair Bury . -3- /... . . I ... ..., is;!: I:'.q. " 'l'i' ~i (.,~) ~ ,...1 I ..... ":' I<'%, i I -..,reo- I I -...) I i i , I r-: I ....., l? ~I '0 2\~, (29) ,., (~7) I (25)"" ,........._dr"\i..' (cff'I... .t.--..--i.... I . '1 4..16 -, ..-/ A"I '1 !~O I :~~) , -_I ~I ,'" ai. ,:) 1 , i :7 ..; ~ a: ;.;~ ": $' 2~'E /.... D ("~Lr. ~/ ;?j . ) lj-~)' ~ \ 'qic:l..n 4l4V"\. )~.~:~.(~~;.: ~ , -< b · t( :: · t {~~ I :'''' r;-~~~c. ...Jl ~ !#( 27) ! I : I 'I .... .144.22..... 35 R ~:~~~ ~ (") 12 [ I II ! . kit:,.'." .'701: "if, ~ I ~Q' ,~ . I ; II ( 10) 25 . ~.. \ ,",; * '.' ! 23 ,'.4 ",' f 1) :, \.<. ...;. , !in I . I; ". ;;.;:., .,.,.1/ ,', : (!P." ...., \"" I e, ~ ,';)"':j., c.:> ,.:'T'.....;~O. . ..j !. '(3, . (4) "'. . ~174 q,::- I ~fiG.01 ; . 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CAr~+' El (4(' ) ').A ) ..- 2. 4515 LOT 50 ~ '.,'.,' . ~ I'" ~ Cl)' cx= ~; -). 'i: 0~-"~ r l~n.75 7-~ __' ....: t-'.-1('~: Ic:~, ')c~,. I1M1IR\ 1'3s ~ ~.J II~ 551.J()::'; INJI!tI ;;( :~._':'31) -, (~) ~ 9 , ~~II' . 'nl; a1 " 3'3 '.' ~I~ ~ ~:~.~lOJ ' "'IN '" -, J... ~i- '.-'.. (20) fi, 4 55} ;. ~ ',J I;,) I z, .1.. .~,. I (19) -} (I~) 0; . 'r" -..~ ~ I . i'Rl . -. 3?4. os I~.^_~ . ~ , , I' '-..----...:. r:.. -'! a:;; ~;;~ ".J j ..J ._, /". H. . e'l-\-1 "~dl 3)-117.2.5...~i -C'JO':i c.......-.....' ~., ~ ~~) ....,...." ., -Ii- ........ ---''''-'' "".-1 -....--.----..---.1 ...-....-- ..--------' Exhibit A SITE LOCATION Triple B Equities LLC - Site Plan Review tZ If &~~WtJ l' " ," .. , .~ ( ; ; / t . .,.-' J ;' "."-" :; . ,I;' \ 'MM -=-_i ;,' ....h..___.._.-.. .... j -' J ~ 1 , ..J ,~ ") J ) J ~ ~ ::J r:: :.C ::J z: :J :; .:J /' = ~....,;".. ........ ". '.:: "::'~".:::~" ". .... --.. '-::~:.::."" .....~... :. '-- .....-. " ill/ \.... ,() '-' :5 1/ "t i / .;." - "'-" "" ~ '.::.-_., ". . ,,- ....---....---...::::::.;....- ---'" '- -'- . -.:: \::---+-- - -=;- -F"''''''C, ':"':::-""-~C;"' .<.. ,;;.-~) <". -'..-...., 9as.4 :) .: : ....., ; 0t~ - ~;r' .;- ..~, '-' ~ ':J i .' := .......::..... --J; ~ ~ " .' .- 7l :-.J "- .n N I I I / / / / I / / j. I / / / / L___ /fa REVISIONS BY NORTH 30LDI530 b::!l SCALE IN F'EET 60 u~ Z~ -.... 'N' ~'" ~e UJ;. 1-01 '" ;:J~ ("'.7 i C'"' !'i ~~ f.;!;~ ~ r:Q. I i ~~ r:~ !6 ::c:: E-.l ~ ....t11l , III 00_ LEGEND @ ~ mil s YI 51 @ ^ DENOTES SANITARY MANHOLE DENOTES H'lDRANT DENOlES CATCH BASIN DENOlES SANITARY SEWER DENOlES WA lERMAlN DENOlES STORM SEWER DENOlES STORM MANHOLE DENOlES STORM APRON I' CONTOUR .......'OlES PROPOSED ~ 2' CONTOUR ~~~: ::~: s' CONTOUR .. I ~ '0(...... t":I t":I .-l Y 14" 11lON PIPE o D11NOTE~ dl/JIff,f AND JlABKED BY lfJkfffIE NO. 14764 . DENOTES A I'OUND 11l0N IIONUJIZNr SElBACKS , AAD SETBACK .. 30 MIN. FRONT iMo SETBACK .. IS' MIN. SIDE '" "" SETBACI( .. 30' MIN. REAR ,,,",w o C.l Z ES ~ a 0 :z;~Z l7J~..~ ::i 0 ~.... i:J,. ,,-,1-01 ~~ c;-o Cf.l '-. ~ 0""" ~_ ~~e -{:Zg '< ~~ ~ -( ~O~ortlJ;l ~1I:p:,~ 1liI"-'Cf.lllQp. r-t l:'""" ~ 00 ~ CIJ liS e:: !:l.t~ l7J ~ &-< """ ~ ~ PLAN DR SPECIF'ICATlDII ~ ~y~~C~~;;('~~:+~A~F'IM~S~~ REGIS UNDER THE LAIJS OF REG. DATI' Exhibit B PLAN PROPOS~I? SIT~ t' g and proposed drainage Shows addItIOn, eXlS In .....J'l. ._.....1 -......; i; : ELEV. . . r---------~ r---------~ I I I I I I I I I I /\ 'It:c ,,' OJl.OQOR It:c U' O.u.OClOlIt; ~..V/..~;0;~':~'~~:,-cr;:.'~..//:////,~;.3OM.~;~~/~.,:~/';,-:<.1 ;./~/ ~."/ "'~i/~' ~ ~.' ..- :Ct?NC;-~~ ~/:.' /" ./ :/~. /':1' /' ;/1 . ~~.f' - _It : Jt -Jt - ~ =......,. ...-..... , ~.J'l. ""J'l' :~ -0 D REJ'AIlIlCi 1lo4U.-""" @ qf) 1000':C lOO'f - aEV.1OO . i il \S' x '2.0' ~ > Oi=F-{ c€ {,i - I~ - - ~- - r---------~ I I I I I I I I I I ~ I I /\ : :- ll2':cltou"""",,! _ ~I ~/.//"//"'///-'i.'//r_ ... . ?N7~,~-'l~~. .. /". . '. ~ ~4. rnrnl!strrmmml1UrnfiJ HAlE n/TJ/oo 13:.1Im 2J35O COlMY ROAD 10 * PD. BOX 97 * CORCORAN,!.IN S5J57 BLAIR BURY DRAWN BY: .AJ DAlE: iJ/21,./OO SCAlE: NOTED REVSJN REV5rJN REV5IlN REV5rJN I PRO..ECT # / TYPE PHOfE 612.-498-7841,. *1-800-627-1669 . FAX 612.-498-9951 ADDITION! REMODEL I:lSCtAI,ER: KI'l.MISIUIIHD 1IIDIlIIl8E I'IlB'MED lI'lIllBA.ESr BY EIlERt' ~lIWTIC srAFF, 110 lIE IIJt' IIIlIilEAIED NlClIl'B::IS al I'llIlfiSSlCIW. SII&IIS. EIlERt'.Jl:.1WIB lID YAIIWIIES 1III.TSl&fll AS 'IlllHt Rllf:SS allBaWlTlaJJY fat A p~ I'IlI'OSE all'Ol:E.lSJllS) CIlIlDll:E 1Ho\T IB.WCE l.I'aIl WI R.NI5 9W.L E AT 1Ht SUE II5K lF11E U5EIlS. lID YNIWIID EXf'lIIfSSBJ alllUD II:LfDC, lXII'tNI:E lFlIIS lUll WR API'l.rAIU III.IIC c:aES IlElll.IREIIElI lIE lWlE'.EXCEPI' llItlSE. -- SDfl) En" lHt IIo\IIIJt lIIS DDCIJIIII' IS lI€ I'AlJlBl'IY IF man- tC. 1Hi llOCtISCl' IS FIRIHD ClICK CXIDIDt 1Wl.T If IS IIDT 'Ill E c:a'IEIl allJ5lUl!iB) TO GlIDS. 1Hi llClCUlafr IS 'Ill E AE1IHIII 'Ill SlERI' Ie lI'lIllBIISI'. I SET 1 OF2 Exhibit C FLOOR PLAN . . , , . ", ,~l , . " I , ''''', , " " , ,', , " " , , .. '1. 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ERr,IC.IIAKES I<<) WARRAHTES WHATSlFIER}S TO nE FlIl6S OR 1EROlAIlT1aIJ"( flR A PARTm.AR I'lR'OSE all"l.ACE USER(S) OIlI<<)TtE THAT REI.WI:E lFIJI SAIl lUllS 5HAI.l. IE AT nE sa.E lEI( lFnE USERS. I<<) WAmWflES CXI'IlES9 alllUD N:UIlNl ctVl..wa: IF TItS fUN WITH API'U:Aa.E ll.IJ>>Il ca:e; lGlflEWEHTS ARE IIAtt". EXaPT THOSE N 'III1lG SDED BY nE IIAICER. TItS IXlClIENT IS 1Ht f'RCfI:R'lY Q" EllERT NC. THS IlOCUEHT IS FIR&ED 011 nE CCNmlN THAT IT IS I<<)T 'Ill IE CCJ'ED OR CISCl.OSCIl 'Ill OnERS. THS IXlClIENT IS TO E ~ 'Ill ERr IC. U" SHEET 1 OF 2 Exhibit D BUILDING ELEVATION. FRONT I r-. . L i .' f- ~ '-./ I REVISIONS BY IANDSCN'ING DRII =~=~ DRII -.......~;.-./ W Ii@ ;s :1 ;;ja ;s O'f II ::l 12.2 &.2 6.1 3.1 0 3,1 5.1 11.212.2_ (Mom.) Ilofootcondl. plat of l50W HPS Narrow Porobollc floodllght at IS' (Um) from rofll'll\CI plono and 0 degree tlL ORAWN OAW) SERfl.I.NO CH GRG ~ NOYEloIBER 10. 2000 ')~ <-"V NORTH ~5..J 15 30 60 SCALE III F'EET LEGEND t.~',..._~. -"-'j- ";,:: :" ; ..;, -!: --.......-.---.:' -- .0 U~ ZJ. -~ ~ OENOm SANITARY MANHOlE ~ OENOTES HYDRANT iiI DENOm CATCH BASIN S OENOm SANITARY SEWER W DENOm WATERMAlN ST DENOm STORM SEWER @ DENOTES STORM MANHOlE ^ OENOm STORM APRON .... ~~ E-c5 m:" S~ z C-'::E ~~ ~~ lJ:l~ ~I ~~ <g r.n_ -- -- -- -- -- ./. r-- -- I -------__ :,J. r~ 7 ::1 I . ~!!' I/Pi I .'[ / 1, / 0~ l I I-~ ~'-~ L--___-1' 1 T I r r- - ~-.-~-_.----I l/i..J 1 I I II I l II : I I II r l ^ I ILl I !, I &, I'V ') !J I r-----'/ I ,./ g '-J I I 1" - / L - -..1 =:.,=%% T)jf NORTH UNE OF. i - /T - -'. L UNE OF CWNTY RO: Wcf l'F -\ / r / 300.00 U - -r - - :-::'r' ~ to l!:. ~ Be ~ UNDERGROUND UllUTY LOCA l10NS WERE TAKEN FROM ASBUIL TS PRO\llDED BY lrIE CITY, NO FIELD \lERlFlCA l10N WAS PREFORMED AS TO lrIERE EXACT LOCA llONS. PARKlNG STALLS (17) 9FT X 20FT PARKING STALLS (2) 9FT X 20FT HANDICAP PARKING STALLS SETBACKS WIN. FRONT YARD SETBACK . 30' MIN. SIDE YARD SElBACK . IS' MIN. REAR YARD SElBACK . 30' . ",,4... 01 ('../ 1--- () I , --/ L. I I I . / / I L / / I / / / I I I I I. I L_- .s4'~ ~ ~ 0. o DENO'rBS'''' INCH BY '4" IRON PIPB BB' IN 'I'D QIlOUND AND I/.A1lKED BY ~ NO. 14184 . D8NOf7IS A I'OUND IRON J/ONUJlZHr l .. I: ~ Tfi,.os,'" \::). ~ ~ c::, 6) D8NOf'BS DECIDUOUS 'rlln " D8NOnS CON11'1tROUS TMB DENOTES SHRUB o DENO'1'ES CllASS AHA -3J 10D rAfT Ja'I'A], llAYLI'l'E IN BOI'I'I't e. HANDICAP PJJUaN(J. STALL DBNOf71S 1IX1S'1'INQ 'I'REEB t":l t":l .-t . .~ ~ ~ o 1.0 Z rn en NO" r::l ~o"" ~&-4rn I ~~ ~SiE &1& ~r..Q ~~r::l rnO~ g~t:Q ~oo ~~f:3 <00 0 CI. ~~ m ~ E-l 1-1 ~ (FMt) ~4O ISO 20 10 0 10 20 ISO 40 a Ii! ~ :;1 I S W ...... = s ... --- = G? -- == -- -- -- HAR~ CALCULAnOllS HAROCllVER CALCULA'IlONS ElOS11NG sa. FT PROPOSED sa. FT GARAGE ~14 GARAGE 0 BUII.DIHG 405& BUILDING 4058 BUIlDING BUIlDING 3757 CRlVEWAV 52.17 CRlVEWAY '''''55 SIDEWALK 299 SIDEWALK 299 GRAvel. 23551 GRAvel. 0 TOTAl. LOT MIEA - 40,065 SQ. FT. EXISllNG HARDCOVER . 1l4.537/LOT AREA -811.20l( PROPOSED HAROCOVER - 22.~97 /LOT AREA -56.15" ~ ............ PROPOSED ORl'IEWA V SEC'I1ON 2In 811UlIlNCUS 8ASE I HEREBY CERTIFY THAT THIS PL/IH DR SPECIFtCATIIlN VAS PREPI MY DIRECT SUPERVISION AHIl THAT I AM A DULY REGlSTEREIl PRO! UNDER THE U.VS Of' THE STATE Dr MINNESOTA. \j2~~ S. ~A",,'{-tr-"" Attachment 2 Site Plan 8In tl.A5S 5 CONPAcml SU1IGIWlE REG. N1J": ..co r::l. Cl: J., b.O ('t) 0 ..... r::l. = 0 lI.lf-l S bI) .c = CJ .... =-= t .- <~ :' ~ ., , ,,/ , ,; ,.....------- Lake Minneto nka. Upper Lake Attachment 4 Subwatershed Map ~- 81. BLUE JAY erR. .... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator Larry!3rown, Director of Public Works ~ December 4, 2000 FROM: . DATE: RE: Site Plan Review for 24470 Smithtown Road Triple B Equities, LLC .This application is for a site plan for the property located at 24470 Smithtown Road. The applicant is proposing to demolish an existing wood framed garage and construct an additional structure for the .. storage ofautomobifes. This.0.94-acre lot is presently utilized as a commercial business known as "The Source." Refer to Attachment 1 for Site Location Map and Site Plan. Existing Conditions . As mentioned above, the site is utilized as a commercial property. Two structures exist on the lot. The larger structure is a 4,058 square foot building constructed of pole barn materials. The second structure is a wood framed garage approximately 414 square feet in area. On the south end of the property, adjacent to Smithtown Road, lies a 19 stall bituminous parking lot with curb and gutter. A majority of the remaining parcel, with the exception of the building area, is surfaced with 1 ~" aggregate. Sanitary Sewer and Municipal Water Sanitary sewer and water are available to the site at the southerly property boundary. The existing building has already been connected to the sanitary sewer. Water service is available at the right of way line of Smithtown Road, but has not been utilized in the past. Both of the services that exist are sufficient for the intended use. Since the intended use involves storage of automobiles, it is recommended that a flammable waste separator be installed on any sanitary sewer services to the new structure. {) PRINTEO ON RECYCLED PAPER , Planning Commission, Mayor and City Council 24470 Smithtown Road Page 2 of2 Site Plan The plan indicates that a portion of the aggregate surface between the existing parking lot and proposed building is to be paved. Under the City's Municipal Code, off street parking areas and driveways are to be paved in addition to construction of concrete curb and gutter around the perimeter of the paved surfaces. Grading and Drainage The existing lot slopes from an elevation of 983.0 at the southerly property boundary to 964.0 at the northerly property boundary. A majority of the parcel is covered with either impervious surfaces or aggregate. Refer to Attachment 3 for the existing topography map. . According to the City of Shorewood's Comprehensive Water Resources Management Plan, this site lies within the Gideon Bay Subwatershed 2 (Refer to Attachment 4). Drainage from this site flows to the north through the recently City acquired property of Gideon Glen, and ultimately to Gideon Bay of Lake Minnetonka. Stormwater calculations indicate that the current runoff rate between the existing conditions and proposed conditions are nearly identical. This is due to the conversion of a large portion of the existing aggregate surfaces to turf area. In addition, the distance that the runoff must travel around the west side of the proposed building has been increased, thereby slowing down the rate at which the runoff leaves the property. Therefore, the plan meets the City of Shorewood requirements for stormwater runoff. . . A spillway will need to be constructed from the bituminous surface to the grass swale proposed on the west side of the site. Erosion Control The site plan does not propose any erosion controls. Staff is recommending that heavy-duty erosion control fencing (steel posts, fencing wire and silt fence) be installed along the perimeter of the north half of the site. Recommendations Staff is recommending approval of the site plan contingent upon the following conditions: 1. Any and all conditions set forth in the City Planner's Memorandum dated December 4,2000. 2. A flammable waste separator shall be installed on the new sewer service to the proposed building. 3. Heavy-duty silt fence shall be installed along the perimeter of the north half of the property. N c.. eo: =s ...-l = .... 0 = .- CI.l.... e 5 ..c 0 c.J...:l = CI.l :t: .~ <(I) . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING A COMMERCIAL SITE PLAN FOR TRIPLE B EQUITIES LLC WHEREAS, Triple B Equities LLC (Applicant) is the owner of real property located at 24470 Smithtown Road, in the City of Shorewood, County of Hennepin; and WHEREAS, the Applicant has applied to the City for Site Plan approval for the construction of an addition to the west side of the existing building on the property, as illustrated on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood City Code requires City Council approval of site plans within commercial zoning districts; 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 4 December 2000, which memorandum is on file at City Hall; and WHEREAS, the application was reviewed by the Planning Commission at their regular meeting on 5 December 2000, 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 December 2000, 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 that the Applicant's site plan is approved subject to the following: 1 That the use of both the existing and proposed buildings shall be indoor motor vehicle and recreational equipment sales and incidental storage. 2. That prior to issuance of a building permit the Applicant shall obtain a motor vehicle dealer's license from the State of Minnesota. 3. That the Applicant shall reduce the parking area in front of the new building addition, in favor of additional landscaping. 4. That by 31 August 2001 the Applicant shall install concrete perimeter curbing around the newly paved area on the site. 5. That the Applicant shall either reduce the width of the existing driveway on the property, per the recommendation of the City Engineer or, as an alternative, provide the City of . . Shorewood a pedestrian and utility easement across the southerly 15 feet of the site. 6. That the Applicant will build the new addition and remodel the existing building in accordance with the plans illustrated on Exhibit B, attached hereto and made a part hereof. 7. That the siding and roofing shown on Exhibit B will be extended around all sides of the existing building and the proposed addition. 5. That the Applicant shall, prior to obtaining a building permit, submit a revised landscape plan addressing the recommendations contained in the City Planner's memorandum. The revised landscape plan shall be subject to review and approval by th,e City Planner. 6. That, before a building permit is issued for the addition, the applicant shall submit a letter of credit or cash escrow to guarantee that the paving and landscape improvements described herein will be completed by 31 August 2001. ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 11 th day of December, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR/CLERK -2- ,1;:11 ~ I!! ~ ~I ""-liLt (zos) . I""", .." 'VJJIlJJ/M. A>MlMlllII HlIlOS .m '3MI '.1SmO~H:iIa-:!lHH.1VS :>1'1 S:ilIJ.IJ1b:il a :ndI1il.t 'lIO<1 lIl1lIYdlIlIiI v.LOS:ilNNDI '(I00JlallOHS &El 'ON Norswaans SHOJ.IUfiV 'sa J.O'I AO J.HYd N'I'lillLLlS ~c ~Iai~ ~ I~I .1 ~I ~h liEI I hUin g g~lg !!!!~!!~ l~i ("'lOft) n:~n ,.. &. 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'"~a 0, . ~~; ~..' kJ NClSL\3!I NClSL\3!I NDSllI3lI NClSL\3!I 03100 '3lV:lS OO/tZ/Dl '31 VO lI' :ABNII\VllO 13QOI-l3C!lINOIIIQQ'v' ..l.C!ln8 C!l1'v'18 1!i66-Il6t-Z\9 XVJ 0 6991-LZ9-OOlH 0 tKU:116t-Z\9::NOHd 3dJJ. / # l:l3'Olld . ~ ~ . .....c ~ ~ ~ 'la'IYmIO 3Il\IN LSl:!;!; NI'f'Nvlloollo:J Ol/l XOS'Ud 0 OIlIVOll JJIf1O:l 0SI:l:l: mmDJ!.IDmllJlll!lmm9J ?~ 0- J. .lIII'3'f'V::lti NOll 'v' ^313 a3S0dO~d " '------' -- --:co ~ ~ ~ ~ .-l "'l~j:;,;~~~~Z D~DI ~ i::-_--< ~.-..J r-- '-=1 I =j t .:; -.,..'-, , ~""'r::z::...::,:.., ~. , ~..,.....~-r;::-~-;~; ~:2.J::r~~.;.-;-:,-:.. .--,...,..-.-. --' . .-'--'-"'.:....., ,-_.-~....:.......... ,'-: ~ ;.... . '-L.-'-..,...~ 8::~"~n~-'~= ", ' :-S~';~~~~~~~~~+~::r:- :'~~~:~~. . ~~. :'~:' >~~.~ . ~ ; i = '-'- '.'. t::-:- r.::=:.. L = ._-=-==--.:...- -,......--~~. ~-.-...t-..:. _~.-J. ...~. . ,._~-~~ ~ . ...J...-O.."':""";. ).~ . . MINNETON,KA MOORINGS ." --.::;.::,---.;-;n-.;;;-;...... , "..:"" ,.-- f1 ' \ I I I '.-" '"" \ ' i ...:" . ", ~_. ',,': t r-:... I:, \\~ - ,I\"~ , ""i.I)" , ,; eGO 4 200Il '\~\\ . l " , :\ 'y ::::;..~':; .~__~::::;-:;::::..::~.:_J November 29,2000 " Mr, Brad J, Nielsen Zoning Administrator and Planning Director City of Shorewood 5755 Country Club Road Shorewood. Mitmesota 55331 Re: Minnetonka Moorings, Inc. Dear Mr. Nielsen: I Thank you for the copy of the proposed Resolution regarding our rezoning. Unfortunately, 1 did not receive the copy from you before the close of business on November 27tJ', I \.U1derstand the draft resolution was passed by the City Council at their meeting that night. '.- I have discussed the matter with our bank. The requirement that the old and new parcels be combined is a major problem for our financing, We have financing on the existing parcel. If the parcels are combined we will not be able to give our lender for expansion of the marina a fIrst mortgage. Thus it is necessary for the parcels to remain separate. Is it not possible to provide in the resolution that the ownership of the two parcels shall remain in the same entity? Also ! note, in the resolution that the use does not list operation of a manna. Is that required or does the zoning cover it? Please fax me at 941-486-9119 with your reply. Thank you for your assistance in this matter as the financing is cn1.cial going ahead promptly with the project. Yours very truly, MINNETONKA MOORINGS, INC, ~clr::::- J om, Cross, President NORTH OFFICE 600 WEST LAKE STREET. SHOREWOOD ,MINNESOTA 55331 phone: 612.474,0600 fax: 612,474.9755 SOUTH OFFICE 1585 TARPON CENTER DRIVE. SUITE 28 . VENICE. FLORIDA 34285 phone: 941.485.6700 fax: 941,486.9119 By tl7e.. Oec-06-2000 03:25pm From-FIRST MTKA CITY BANK ~ ~ nl~S'1 MIN~lI IUNI(A (ITY Il/\NI(S Count!)' Village office: Ph: 6IZ-9J5-599S Fax: 612-935-1611 moO Highway 7 Minnetonka, MN 5 5 3 0 5 ........-~ Gten Lake Office: Ph: 612.935-8663 Fax: 612-935-4957 14550 Excelsior Blvd. Minnctonka. MN 5 5 3 " 5 9529354957 T-633 P.D01/OOI F-456 ,( December 6, 2000 Brad Nielsen Zoning Administrator and Planning Director City of Shorewood 5155 Country Club Road Shorewood,~ 55331 Re: Minnetonka Moorings, Inc. dba Shorewood Yacbt Club Lot 294, Auditor's Subdivision #135 Hennepin County, Minnesota . Dear Mr. Nielsen: First Minnetonka City Bank is working with the SBA to obtain financing for the Pier IV project. It has been brougbt to our attention that the City Council wishes the two parcels to be enjoined into one tax parcel. The Bank needs to obtain a first mortgage on the new parcel and its associated docks and the SBA needs to obtain a second mortgage on the new parcel. There is another lender with a first mortgage 011 the existing parcel and its docks. Please review the requirement to "legally combine the subject property" so the financing needs ofMinnctonka Moorings, Inc. can be met. . Please include this letter with the packet sent to City COl.Ulcil Members on Thursday, December 7. If yon need to speak with me directly prior to the next meeting of the Council on December II, 2000, I can be reached at (952) 935-8663. Thank you. ...... GWK/af Member F.DJ.C. .' . . uee. o. LUUU IL,IUt'M IfflN ~I I lC~ MClnv ~v~ IW,/UUiJ 1". UL '1M Twin Cities-Metro Certified Development Company December 6, 2000 Mr. Brad Nielson Zoning Administrator and Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Minnetonka Moorings, Inc. dba Shorewood Yacht Club Lot 293, Auditor's Subdivisioll No.135 I:Iennepin County, Minnesota Dear Mr. Nielsen, I am currently working with John and Judy Cross to obtain SBA 504 financing for improvements to the above referenced property. The SBA will require a second mortgage on this parcel subject only to a prior mortgage from the participant Bank. Without this, the SBA involvement will not be possible. I understand this matter appears before the City Council on December 11,2000. Please include this letter in the packets the City Council Members receive on Thursday, December 7,2000. Also, if you require further information from the SBA prior to the December 11 meeting, please let me know. I can be reached at 651.481.8081, ext. 13. For fax communication, please contact me at 651.481.8280. Thank you. Sincerely, ~ Peter D. Ingebrand Vice President 4105 Lexington Avenue North. Suite 170 . Arden Hills, Minnesota 55126 · (651) 481.8081 · Fax (651) 481-8280 . DEVELOPMENT AGREEMENT CITY OF SHOREWOOD This Agreement dated _ December, 2000 by and between Minnetonka Moorings, Inc. (d.b.a. Shorewood Yacht Club, hereinafter Yacht Club), and the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota (City). RECITALS WHEREAS, the Yacht Club presently owns approximately 2.4 acres of land (the Property) and operates a commercial boat docking facility for 80 sailboats under a conditional use permit issued by the City in 1979; and WHEREAS, the Yacht Club applied to the City and the Lake Minnetonka Conservation District (LMCD) requesting to expand the facility by an additional 35 dock slips (the Expansion); and WHEREAS, the Yacht Club has acquired additional acreage to the west of the existing Yacht Club and north of the adjacent Hennepin County Regional Railroad Authority (HCRRA) right-of-way consisting of approximately 19,200 square feet (the Expansion Parcel); and WHEREAS, the Yacht Club has made application to the City for a rezoning to shoreland lakeshore recreational (L-R), a comprehensive plan amendment, a conditional use permit and a variance to permit the Expansion; and . WHEREAS, upon due notification and hearings, the Shorewood Planning Commission at its meeting of November 2,2000, did approve the Yacht Club applications subject to conditions; and WHEREAS, a material issue and condition of the approvals included the combination of the Property and Expansion Parcel as a unified real estate holding under common ownership of . the Yacht Club as a precondition to the Expansion; and WHEREAS, the Shorewood City Council did consider and approve the applications of the Yacht Club at its meeting of November 27,2000; and WHEREAS, the applicant has advised the City of the practical and financial difficulties in joining the parcels. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual promises contained herein, the City and Yacht Club agree as follows: 1. The Yacht Club will undertake its best efforts to obtain fee title ownership and combine the Property and Expansion Parcel as a unified tax parcel with a single property identification number. 2. In the event the Yacht Club fails to maintain control of the Expansion Parcel through sale, liquidation, forfeiture, default or other event, Yacht Club agrees: ,., a. To forfeit all rights in the permits and approvals to the 35 additional dock slips created herein; b. To remove all improvements constructed pursuant to the Expansion and CUP including but not limited to removal of the dock piers and dock slips; c. To provide a letter of credit in the amount of $ running in favor of the City to guarantee the cost of removal of the Expansion Improvements; and d. Removal by City. In the event of the failure to pelform the joinder of the Expansion Parcel and the Property by , 20XX:, the City may draw on the letter of credit and enter the premises to remove the Expansion Improvements either by contract or regular City forces, and neither developer nor developer's lender may question the manner of doing such work. Upon completion of such work, the developer shall be liable to the City for any additional expenses associated with the removal of the expansion improvements or the City shall promptly refund any unused proceeds from the letter of credit. . Binding Effect - The terms and provisions hereof shall be binding upon and to the benefit of the heirs, representatives, successors and assigns of the parties hereto. This Agreement, at the option of the City, may be placed on record. Notices - Whenever it shall be required that notice or demand be given by either party to this Agreement, such notice shall be delivered personally or mailed by United States mail to the parties hereto as follows: If to City: . City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 If to Yacht Club: John Cross Minnetonka Moorings, Inc. Excelsior, MN 55331 Waiver - The Yacht Club agrees to indemnify and waive any and all claims against the City arising out of the approvals or this Agreement. 2. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of December, 2000. MINNETONKA MOORINGS, INC. CITY OF SHOREWOOD By: By: Its: Its: ::ODMA\PCDOCS\LIB 1\637129\1 3. " . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM Date: December 8, 2000 . From: . Honorable Mayor and City Council Members Bradley J. Nielsen, Acting Administrator Bonnie Burton, Finance DirectorlTreasurer ~ To: Re: Finance and Budget Resolutions Several finance and budge~ resolutions are provided for your review and approval. These resolutions r~resent the culmination of many months of finance and budget work by the staff and city council. . Resolution Adopting the 2001 Budget and Tax Levy On December 4, 2000 the City Council held its Truth-in- Taxation Public Hearing on the proposed 2001 Budget and the payable 2001 Tax Levy. After a short presentation, the public had the opportunity to comment on the proposed budget and levy. The attached proposed resolution approves a final 2001 Budget and 2000/2001 Tax Levy. The levy mustbe certified to the County Auditor by December 28. Resolution adjusting 2001 Pay Ranges The 2001 budget process included adjustments to city employee salary ranges and the City's contribution toward the employee insurance plan. The attached proposed resolution approves these adjustments to the pay ranges and sets the City's insurance contribution at $515 per month per employee as budgeted. The schedule provides for a 2% increase in January and a 2% increase in July. If adopted, the changes will be effective January 1, 2001. Resolution Authorizing lnterfund Transfers The City Council budgeted transfer of monies to and from various funds for capital improvement and other purposes in the 2000 Operating and Capital Improvement Budgets. This resolution authorizes the transfer of funds as provided for in the budgets. Resolution Approving the 2000 Budget Amendments This resolution amends the budget for additional expenditures authorized by the City Council during 2000. After reviewing the resolutions, please advise if you have questions or if I can be of further assistance. ft ~J PRINTED ON RECYCLED PAPER #8 CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION ADOPTING THE 2001 BUDGETS AND APPROVING THE 2000 PROPERTY TAX LEVY COLLECTIBLE IN 2001 WHEREAS, the 2001 Budget and 2000 property tax levies collectible in 2001 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS, a Truth-In-Taxation Public Hearing was held on December 4,2000, for the purpose of receiving public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the following budgets are adopted for the year 2001: General Fund Water Fund - Operating and Debt Service Sewer Fund Recycling Fund Stormwater Management Fund $3,127,790.00 846,903.00 840,064.00 97,061.00 264,902.00 2. That the following sums be levied for 2000, collectible in 2001, upon taxable property in the City of Shorewood for the following purposes: General Fund Less: HAC A Total Levy $2,635,577.00 (427,003.00) $2.208.574.00 . 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December, 2000. ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR i:b 8 It CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION REVISING THE CITY OF SHOREWOOD'S WAGE AND SALARY RANGE CHART FOR 2001 AND SETTING THE MONTHLY CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES WHEREAS, the City Council has established the current salary and wage range chart and the current monthly contribution toward the monthly insurance premium for City employees by its Resolutions No. 99-113; and, WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart and monthly contibution towards monthly insurance premiums for City employees within the parameters of State Statutes. . NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year 2001 as listed on Exhibit A, attached to and hereby made a part of this resolution. 2. The City's contribution toward the monthly insurance premiums for City non-contract employees is hereby set at $515.00 per month for the year 2001. BE IT FURTHER RESOLVED that this resolution shall be effective January 1,2001. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 11th day of December, 2000. . WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR 4P88 CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 2000 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amOlmts are hereby authorized to be transferred between the following funds: . TRANSFER FROM General Fund General Fund General Fund General Fund General Fund Sewer Fund Liquor Fund Trail Fund Sewer Fund Water Fund TRANSFER TO Equipment Replacement Fund Street Reconstruction Fund Public Facilities Fund Stormwater Mgmt Flmd Park Capital Improvement Fund Stormwater Management Fund General Fund General Fund General Fund General Fund AMOUNT $112,800 347,000 15,000 10,000 10,000 400,000 10,000 3,000 10,000 5,000 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 th day of December, 2000. . ATTEST: WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR ~BC CITY OF SHOREWOOD RESOLUTION NO. 00- A RESOLUTION AMENDING THE 2000 GENERAL FUND BUDGET WHEREAS, the Shorewood City Council has authorized certain expenditures during 2000; and, WHEREAS, such expenditures were not included within the adopted 2000 Budgets; and, WHEREAS, it has been the practice of the City Council to amend the budget for . such authorized expenditures, NOW THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the Year 2000 Budgets are hereby amended as shown in attached Exhibit A. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of December 2000. WOODY LOVE, MAYOR ATTEST: . BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -=f/::8b EXPENDITURES Fund Equipment Replacement General Fund General Fund General Fund General Fund Park Capitallmprvmnt Sewer Fund Department Administration Administration Municipal Buildings Municipal Buildings CITYOF SHOREWOOD Year 2000 Budget Amendments Activitv Adopted Amended Budaet Budaet Difference Generator Enhancements Administrator Search Consulting Appreciation Party Carpet Reception Workstations Subtotal: Municipal Buildings Eddy Station Change Orders Street Capitallmprvmnt Construction Stormwater Management Land Purchase Water Fund Water Fund Water Fund Freeman Park TH 7 Access Project Land Purchase & Expenses Amesbury Well Wiring SE Area Well Controls Woodhaven Well - Repair/lease pump Subtotal: 2,300 16,000 4,000 8,796 3,376 197,708 201,608 4,000 16,000 1,700 8,796 3,376 29,872 12,500 . 24,000 3,900 410,000 11,060 30,000 11,600 52,660 . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM Date: December 8, 2000 . From: Honorable Mayor and City Council Members R.. 11.#. Bonnie Burton, Finance Director/Treasurer ~ . cc: Bradley J. Nielsen To: Re: Acting Administrator Compensation The City Council has expressed support for providing compensation to the Planning Director for the Acting Administrator duties he has provided the city during this past year. Background As the council will recall, some neighboring cities, when faced with the situation where the Planning Director was appointed Acting City Administrator, paid him a stipend of $1 ,500 per month. This extra compensation was in recognition of the additional responsibilities and time commitment required for the job. The stipend was in addition to, and was paid concurrently with, the employee's regular salary. In these cities, the administrator search typically took 6-8 months. . The benefit to the cities is that they had much needed staff during a transition time. The Acting Administrator benefited because there was financial incentive to assist the city when most needed. Current Situation A simil~ arrangement could be applied to Shorewood as follows: . Brad Nielsen provided unstintingly of his time from January 1,2000 to January 2,2001, providing acting Administrator duties in addition to his usual Planning Director duties. . Acting City Administrator Proposed Compensation: $1,500/month x 12 months = $18,000. . Payable in two equal installments in December, 2000 and January 2001. . If the council believes Brad's assistance with transition work will be considerable, they may wish to consider extending this compensation for the next three to six months, while the new City Administrator becomes familiar with operations. If so, this portion would be paid with his current Planning Director's salary. This action requires a simple majority motion by the City Council. Please advise if you have questions or ifl can be of further assistance. #. ~., PRINTED ON RECYCLED PAPER -#9~ Period Served: City of Shorewood Acting Administrator Compensation Proposal 12 months Monthly Stipend Amount: Total Payable: Payments: Additional costs to city: $ 1,500.00 $18,000.00 $ 9,000.00 December 18, 2000 $ 9,000.00 30-Jan-01 Employer FICA Employer PERA $1,377.00 $ 855.00 . . .. . . MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator Larry Brown, Director of Public Works t December 7, 2000 ~ FROM: DATE: RE: A Motion to Adopt a Resolution Approving Change Order for Eddy Station Eddy Station is in construction and is nearing completion. The outside structure has been sided and shingled, with the interior of the building proceeding nicely. As mentioned many times previously, Staff has been authorizing routine change orders as the need has arisen such that construction would not be delayed. It has been Staff's intent to continue along those procedures up until any of the expenditures reached the end of the budgeted contingencies. With the current change orders in place, the budgeted amount has been exceeded. Therefore, Staff is requesting that these expenditures be formally adopted by one master change order that will be noted as Change Order 1 to the contract. This "master" change order will compile the 14 separate changes under the contract. The following is a summary of each general change order: General Chane:e Order Descriotion: Nee:otiated Amount: - GC # 1 - Furnish and Install Additional Sand Under Pavilion Area Contractor requests additional $1,566. for excavation of poor materials and the furnishing, installation, and compaction of sand materials. $1,566.00 GC # 2 - Furnish and Install Sump System Contractor requests an additional $3,658. to furnish and install of sump system and piping. $3,658.00 ~/oA GC # 3 - Add Burnished Block to Restrooms Contractor was requested to investigate cost to add burnished block to interior of restrooms. Quote provided was $21,655. Staff denied the change order due to expense. GC # 4 - Upgrade to Premium Shingle Project Architect requested pIicing on a "Timberline Style" shingle to Enhance the appearance of the building. Price provided $933. GC # 5 - Raise Building: Elevation 1.0' After the building was staked in the field, (prior to construction) Staff agreed that the building should be raised 1.0 feet in elvation to insure positive drainage away from the building. Contractor requested an additional $1,739. Staff denied request based upon no additional material or labor required. GC # 6 - Furnish and Install Wall Mounted Drinking: Fountain (Exterior) The existing drinking fountain which existed on the site does not meet the cun-ent State Health code or American with Disabilities Act. The original plan specified leaving the fountain in place. The above referenced codes would not allow the fountain to remain. Therefore Staff requested a price on a wall mounted exterior fountain within the pavilion area. The price provided $4,586. Staff decided to omit the drinking fountain and have the contractor rough in the plumbing for future installation. GC # 7 - Revision to Water Closets It was necessary to revise the type of water closets for the restrooms. Contractor submitted a price of $366. Staff approved this request. GC # 8 - Sump Pump Discharge Contractor incurred additional cost for extension of sump pump discharge due to other utilities. Contractor was forced to include labor for penetration through two foundation walls and construction of outfall. Contractor requested $916. Staff reviewed time and materials and recommended a $200 reduction. GC # 9 - Rough in for Future Wall Mounted Drinking Fountain As described in GC # 6 Staff directed the contractor to rough in plumbing to provide for a future wall mounted drinking fountain on the exterior of the building. The contractor requested $876. for the work. Staff negotiated a reduction from what was requested. 2 Denied Denied Denied Denied . $ 366.00 $ 783.00 . $ 461.00 GC # to - Remove. Change. and Re-Plumb Floor Drains The afternoon prior to placement of the concrete floor, the State Health Department demanded that the floor drains be revised. This was a change from the approved plan set from the Hennepin County Department of Health. Since the previous drains were shipped and installed, they could not be returned. Thus, new drains were shipped and re-installed on a quick timeframe. $ 673.00 GC # 11 - Add Exterior Vents to Floor Drain System This was the second demand of the State Health Department. Piping had To be installed with masonry block installed to shield the piping. Faced with little alternative, Staff approved this change order. $ 1,023.00 . GC # 12 - Add Light Switch and Electrical Conduit Run Storage Room After further review of the operation, it was decided to add an additional circuit to the storage room. $ 295.00 GC # 13 - Add Toilet Fixtures. Compartment Walls. and Restroom Fixtures $ 4,367.00 This change order has been the subject of much discussion. When the project was let, the contractor contested an item of the proposal stating that the toilet fixtures, handicap grab rails, stall partitions, towel and paper holders, recessed waste receptacles were not included in the bid. When quizzed about this the contractor stated that the bid form provided by WSB and Associates did not include "Division to" (i.e. the fixtures indicated above). An excerpt of the bid proposal has been included in the next page. At that time, Staff denied the request stating even though the proposal form did not appear to include Division 10, the City bid the building as a lump sum. Up until recently nothing additional had been submitted by the Contractor of this request. . The contractor has however re-stated their claim. They contend that many bids are let whereby the owner chooses to perform work in the specifications by others or by the owner. After consulting with other architects, they confirm that this is routinely done. Staff requested evidence of the bid work which demonstrates that nothing was included in the bid for this. That evidence has been provided. The Contractor has requested $4,367. for this item. As part of the negotiation, profit and overhead have been deleted. The above cost is for labor and materials only. WSB and Associates acknowledges that the bid form contained the en-or. Initially WSB stated their willingness to cover the full amount. In subsequent conversations they felt that even though there was an error, they would be willing to pay for all labor costs and overhead. Therefore, WSB and Associates will be crediting the City's cost of approximately $1,400. 3 GC # 14 Deduct for Metal Trim Work It was agreed and negotiated that a metal trim piece which was to be installed on all the exterior shutters and doors would be a nuisance due to vandalism and maintenance costs. This item was negotiated for a deduct of $1,000. ($t090.00) Total: $12,192.00 Therefore the total change order amount equates to $12,192. This total does not account for the $1,400 credit to be provided by WSB and Associates. The total contingencies on the project is budgeted at $10,000. The current Change order exceeds the budgeted contingency by $2,192. Since the building is nearing completion, it is hopeful that the City ahs seen the last of the changes on the project. The total change order requested amounts to 3.48% of the constmction bid. Staff is recommending approval of the attached resolution that accepts Change Order 1 to the Eddy Station Constmction Project. 4 . . CITY OF SHOREWOOD FREEMAN PARK MULTI-PURPOSE BUILDING WSB PROJECT NO. 1074.37 ITEM ITEM NO. SCHEDULE A - PARK BUILDING DESCRIPTION UNIT LUMP SUM CITY OF SHOREWOOD FREEMAN PARK MULTI-PURPOSE BUILDING CITY PROJECT NO. 99-22 WSB PROJECT NO. 1074.37 PROPOSAL FORM QUANTITY UNIT COST TOTAL COST 1 $ $ SUBTOTAL SCHEDULE A $ PROPOSAL FORM PAGE 2 If'" i" Ii ': I I: II; , 11 :t ~I jl[' i n i, I ' I !, ! ii' I I'i, I ' : II : I, i i; ! f ~: ! I'" I', /: .! I" (ill I} : Il.'" Ii ii!::~ : d.'I',.:.",~,,',,', It li' II'!; '1Ii~.,:' I i~ III r', ,i!:\ I!II~I; i,l.i:,...... .i Iii.' 11,'\ ; Ii 1:1 li:,~i 1,1 ':'11il illl! Ilii I': I:!,I !,: ! !i p:i I:.: I; I. 'i H~! p'll H II: 'I: \1; CITY OF SHOREWOOD RESOLUTION NO. 00-_ A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER #1 FOR CITY PROJECT 99-22 FREEMAN PARK MULTIPURPOSE BUILDING (EDDY STATION) WHEREAS, by Resolution 00-67, the City Council accepted bids and awarded the contract for City Project 99-22, Freeman Park Multipurpose Building, to CM Construction, Inc.; and WHEREAS, CM Construction, Inc. has submitted fourteen separate requests for various additions and deletions for said project; and . WHEREAS, the Director of Public Works has reviewed said requests and has provided the City Council with a description and recommendation for each request; and WHEREAS, "Exhibit A," attached hereto summarizes negotiations with CM Construction, Inc. for all of the requests submitted to date; and WHEREAS, it is desired to resolve all of said requests under the title of Change Order 1 for said project. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council authorizes expenditure offunds for Change Order #1, Project 99-22, Freeman Park Multipurpose Building (Eddy Station), in the amount of $12, 192.00 paid directly to CM Construction, Inc. for general contract changes incurred during construction. . ADOPTED by the City Council of the City of Shorewood this 11th day of December 2000. ATTEST: WOODY LOVE, MAYOR BRAD NIELSEN, ACTING CITY ADMINISTRATOR . . . CHANGE ORDER OWNER ARCIllTECT CONTRACTOR FIELD OTHER o o o o o AlA DOCUMENT G701 PROJECT: Freeman Park Multi-Purpose Building CHANGE ORDER NUMBER: I-Revised Shorewood, Minnesota City Project No. 99-22 DAlE: 11/21/00 TO CONTRACTOR: CM Construction Co. 12215 Nicollet Avenue South Bumsville, MN 55337 ARCIDlECT'S PROJ NO. 99024 WSB PROJECT NO. 1074-370 CONTRACT DAlE: 6/26/00 CONTRACT FOR: $349,679.00 The Contract is changed as follows: 1. Increase in Contract amount by $12,192, due to several items. See the attached breakdown of costs for each item. Increase in Contract time by 30 days due to delays in color selection. 2. Not valid until signed by the Owner, Architect and Contractor. The original Contract Sum was ..................................................................................................... $349,679.00 Net change by previously authorized Change Orders ..................................................................... $0.00 The Contract Sum prior to this Change Order was ......................................................................... $349,679.00 The Contract Sum will be increased by this Change Order in the amount of ................................... $12,192.00 New Contract AInount . ....... .............. ............... ............. ...................................................... .......... $361,871.00 The Contract Time will be increased by ......................................................................................... 30 Days The date of Substantial Completion as of the date of this Change Order therefore is ...................... January 12, 2001 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guamnteed Maximum Price which have been authorized by Construction Change Directive. Owner Engineer Contractor Address Address Address By: By: By: Date: Date: Date: ~ . ,. ....:. . :' .... , . .' ".: "'~" '" ..... ::...::....~;.<,.:..:)..;.:>.:.:...,:: '. ~ .,.,:;::' :::::~;'.;".i.:: :.:< .:.y,;':':,:,,::/ ..,: ...::...:,:::.:.:..::.:.... .' AlA Document G701 . CHANGE ORDER. 1987 EDITION. AIA@ . @1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. NW, WASHINGTON, D.C. 20006 G701-1987 WARNING: UnlicenSed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Exhibit A . SUMMARY OF ADDITIONAL ITEMS Item Contract Increase G.C.#1 Excavate Poor Material and Furnish and +$1,566.00 Install Additional Sand under the Pavillion G.C.#2 Add Draintile, Sump Pump System and $3,658.00 Discharge piping G.C.#7 Change Out Type and Design of Toilet $366.00 Fixtures (4) G.C.#8 Install Discharge Pipe for Sump Pump $783.00 G.C.#9 Install Rough-In Plumbing for Drinking $461.00 Fountain G.C. #10 Replace Floor Drains per State Health $673.00 Deoartment G.C. #11 Add Vents to Revised Standards in $1,023.00 Bathrooms per State Health Department G.C. #12 Add Light Switch and Conduit runs to $295.00 Room 103 G.C. #13 Add Toilet Fixtures, Compartment Walls $4,367.00 and Fixtures; Omitted from Bid Prooosal G.C. #14 Deduct for Eliminating DoorlWindow (-$1,000) Moulding Outside Doors and Shutters Total of All Changes $12,192.00 % Contract Increase 3.48% . . "' CITY OF SHOREWOOD ~' 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator FROM: Larry Brown, Director of Public Works . DATE: December 7,2000 RE: Agenda Item lOB Due'to late arrival of contract documents, this item will be delivered under separate cover to your mailbox on Friday. I apologize for any inconvenience this may,cause. . . n ~J PRINTED ON RECYCLED PAPER ~/o8 Check Approval List for 12/11/00 Council Meeting ~ Check # Vender Name Description Check Date Invoice # Amount 29246 US POSTMASTER PSTG FOR DECEMBER NEWSLETT 11/29/00 $662.03 TOTAL FOR US POSTMASTER $662.03 29247 AT&T WIRELESS SERVI 11/29/00 $11.37 29247 AT&T WIRELESS SERVI 11/29/00 $29.27 29247 AT&T WIRELESS SERVI 11/29/00 $102.10 TOTAL FOR AT&T WIRELESS SERVICES $142.74 29248 BRYAN ROCK PRODUC 11/29/00 103100 STM $306.17 TOTAL FOR BRYAN ROCK PRODUCTS, INC. $306./7 29249 DAHLSTROM COMPANI ESCROW REF - 25735 MAPLE VIEW 11/29/00 $500.00 TOTAL FOR DAHLSTROM COMPANIES INC $500.00 29250 DAVIS, CHARLES BIB OVERALLS 11/29/00 $84.99 TOTAL FOR DA VIS, CHARLES $84.99 29251 DAY DISTRIBUTING 11/29/00 114552 $618.55 29251 DAY DISTRIBUTING 11/29/00 115263 $17.00 29251 DAY DISTRIBUTING 11/29/00 115263 $785.30 . TOTAL FOR DAYDISTRIBUTING $1,420.85 29252 GOPHER STATE ONI;-C OCT SVC 11/29/00 100656 $18.40 29252 GOPHER STATE ONE-C OCT SVC 11/29/00 100656 $18.40 TOTAL FOR GOPHER STATE ONE-CALL, IN $36.80 29253 KEEFE, SALLY COUNCIUPLANNING MTG MINUTES 11/29/00 NOV STMT $240.00 29253 KEEFE, SALLY COUNCIUPLANNING MTG MINUTES 11/29/00 NOV STMT $360.00 TOTAL FOR KEEFE, SALLY $600.00 29254 LEEF BROS 11/29/00 362001 $29.24 TOTAL FOR LEEFBROS $29.24 29255 LEUKEMIA SOCIETY 0 DONATIONS FROM L1Q #1 11/29/00 $18.00 TOTAL FOR LEUKEMIA SOCIETY OF AMERICA $18.00 29256 LIGHTNING LEGAL CO PKG TO WSB 11/29/00 11 CSHOR $13.86 TOTAL FOR LIGHTNING LEGAL COURIER $13.86 29257 LEAGUE OF MN CITIES DEC NON-UNION DENTAL 11/29/00 2973 $39.85 29257 LEAGUE OF MN CITIES DEC NON-UNION DENTAL 11/29/00 2973 $39.85 . 29257 LEAGUE OF MN CITIES DEC NON-UNION DENTAL 11/29/00 2973 $74.23 29257 LEAGUE OF MN CITIES DEC NON-UNION DENTAL 11/29/00 2973 $500.64 TOTAL FOR LEAGUE OF MN CITIES $654.57 29258 LONG LAKE POWER E POLE SAW CHAINS 11/29/00 17519 $33.76 TOTAL FOR LONG LAKE POWER EQUIPMENT $33.76 29259 LUBRICATION TECH, IN SUPPLIES FOR PW 11/29/00 703425 $54.89 TOTAL FOR LUBRICATION TECH, INC $54.89 29260 MACQUEEN EQUIPME PLOW BELTING 11/29/00 2010069 $118.70 TOTAL FOR MACQUEEN EQUIPMENT, INC. $118.70 29261 MARK VII 11/29/00 213267 $867.90 29261 MARK VII 11/29/00 215681 $310.85 29261 MARK VII 11/29/00 215681 $30.40 29261 MARK VII 11/29/00 215682 $10.90 29261 MARK VII 11/29/00 218146 $1,387.40 TOTAL FOR MARK Vll $2,607.45 29262 MARLIN'S TRUCKING 11/29/00 8399/8434 $50.40 29262 MARLIN'S TRUCKING 11/29/00 8399/8434 $50.40 29262 MARLIN'S TRUCKING 11/29/00 8400/8435 $72.90 mt:'t;~r~,<:.~ot;'t:;tm,'"m,::,~~~rr~?,,1tW;'i!~,~:t::::,:~:,~'%r);::',:::~X::,~'i,,,~::~:r:m'&:!l.':.TI:\,i'!;,':ml1r~\'f;~'r::::~::~,,,t'::.~<:~,,:::";';m:,\'"~\,:~;<::;~~,:"x:,,,.;t.:i'~:'J:j1,,,> i<,(:~::':~~:,,:~'f.7::01:,~O:;;:,;;'\1.t~"~:k~.~mr:,l:,i:<'1J.:tr~,!:';~m,:lf.Jr>>.\;'l;~.>;t:.:<'~~,~~..:::,:t:~::mr.:;;ffiriim-:mim\~1ml~:;'::,ti~",~i,,,,;,mr,,E:;,m~;;:'1:',,,!nr,,~",,1,m Thursday, December 07,2000 Page 1 of 10 Check # Vender Name Description Check Date Invoice # Amount 29262 MARLIN'S TRUCKING 11/29/00 8400/8435 $72.90 <jI TOTAL FOR MARLIN'S TRUCKING $246.60 29263 MCLEOD USA 11/29/00 6587799 $111.95 29263 MCLEOD USA 11/29/00 6587799 $487.99 29263 MCLEOD USA 11/29/00 6587799 $162.62 29263 MCLEOD USA 11/29/00 6587799 $111.97 29263 MCLEOD USA 11/29/00 6587799 $104.52 29263 MCLEOD USA 11/29/00 6587799 $52.26 29263 MCLEOD USA 11/29/00 6587799 $157.62 TOTAL FOR MCLEOD USA $1,188.93 29264 MINNETONKA COUNTR 11/17/00 CITY ADMIN CANDIDATE DI 11/29/00 $213.75 TOTAL FOR MINNETONKA COUNTRY CLUB $213.75 29265 MN SUN PUBLICATION 11/29/00 378205 $57.20 29265 MN SUN PUBLICATION 11/29/00 378206 $50.05 29265 MN SUN PUBLICATION 11/29/00 378207 $53.62 29265 MN SUN PUBLICATION 11/29/00 378303 $128.70 TOTAL FOR MN SUNPUBLlCATIONS $289.57 29266 NICCUM, LAWRENCE SAFETY BOOTS/HAY BALES 11/29/00 $140.00 . TOTAL FOR NICCUM, LA WRENCE $140.00 29267 PRUDENTIAL INS CO 0 DEe PREMIUMS 11/29/00 $2.60 29267 PRUDENTIAL INS CO 0 DEC PREMIUMS 11/29/00 $107.95 29267 PRUDENTIAL INS CO 0 DEC PREMIUMS 11/29/00 $35.10 29267 PRUDENTIAL INS CO 0 DEC PREMIUMS 11/29/00 $2.60 29267 PRUDENTIAL INS CO 0 DEC PREMIUMS 11/29/00 $2.60 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $150.85 29268 QUALITY WINE & SPIRI 11/29/00 903006-00 $1,226.52 29268 QUALITY WINE & SPIRI 11/29/00 903007-00 $1,736.64 TOTAL FOR QUALITY WINE & SPIRITS CO $2,963.16 29269 TONKA BAY-CITY OF DEC RENT 11/29/00 $1,175.00 TOTAL FOR TONKA BAY-ClTYOF $1,175.00 29270 TOWLE REAL ESTATE DEC RENT 11/29/00 $4,891.44 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,891.44 29271 WASTE TECHNOLOGY, FALL CLEAN-UP SVCS 11/29/00 37854 $4,348.50 . TOTAL FOR WASTE TECHNOLOGY, INC. $4,348.50 29272 WATERFORD CENTER DEC RENT 11/29/00 $7,345.51 TOTAL FOR WATERFORD CENTER LLP $7,345.51 29273 WINE SPECTATOR SUBS RENEW 2001 11/29/00 $15.00 29273 WINE SPECTATOR SUBS RENEW 2001 11/29/00 $15.00 29273 WINE SPECTATOR SUBS RENEW 2001 11/29/00 $15.00 TOTAL FOR WINE SPECTATOR $45.00 29274 MAGIC DRAGON THEA ENTERTAINMENT FOR HOLIDAY PA 12/4/00 $175.00 TOTAL FOR MAGIC DRAGON THEATRE GROUP $175.00 29275 AFSCME COUNCIL 14 UNION DUES-DEC 2000 12/6/00 $153.00 29275 AFSCME COUNCIL 14 DEC UNION DENTAL 12/6/00 $295.44 TOTAL FOR AFSCME COUNCIL 14 $448.44 29276 ANDERSON, KRISTI B. NOV MTGS 12/6/00 $120.00 29276 ANDERSON, KRISTI B. NOV MTGS 12/6/00 $360.00 TOTAL FOR ANDERSON, KRISTI B. $480.00 29277 BURTON, BONNIE MILEAGE/SUPPLIES 12/6/00 $36.40 29277 BURTON, BONNIE MILEAGE/SUPPLIES 12/6/00 $250.00 TOTAL FOR BURTON, BONNIE $286.40 . . Check # Vender Name Description Check Date Invoice # Amount 29278 CARGILL SALT DIVISIO BULK ICE CONTROL 12/6/00 20678792 $1,492.28 TOTAL FOR CARGILL SALT DIVISION $1,491.28 29279 CITY COUNTY CREDIT 12/05/00 PAYROLL 12/6/00 $350.00 TOTAL FOR CITY COUNTY CREDIT UNION $350.00 29280 COLLINS ELECTRICAL VINE HILL RD/HWY 8 SIGNAL REPR 12/6/00 JR24654 $144.03 TOTAL FOR COLLINS ELECTRICAL SYSTEM $144.03 29281 DAY DISTRIBUTING 12/6/00 114553 $1,566.70 29281 DAY DISTRIBUTING 12/6/00 114553 $18.40 29281 DAY DISTRIBUTING 12/6/00 114650 $128.00 29281 DAY DISTRIBUTING 12/6/00 115264 $35.40 29281 DAY DISTRIBUTING 12/6/00 115264 $377.05 TOTAL FOR DAY DISTRIBUTING $1,115.55 29282 ELKE, CATHERINE MILEAGE FOR NOVEMBER 12/6/00 $20.48 TOTAL FOR ELKE, CATHERINE $10.48 29283 EXCELSIOR ACE HARD FASTENERS/PAINT 12/6/00 440809 $3.24 29283 EXCELSIOR ACE HARD TAPE/EXT CORD 12/6/00 441077 $11.66 29283 EXCELSIOR ACE HARD EYE BOLTS 12/6/00 441735 $0.83 29283 EXCELSIOR ACE HARD DUMP TRK PARTS 12/6/00 444437 $12.09 29283 EXCELSIOR ACE HARD MISC PARTS 12/6/00 444532 $5.40 29283 EXCELSIOR ACE HARD SUPPLIES 12/6/00 444934 $5.10 29283 EXCELSIOR ACE HARD SUPPLIES 12/6/00 444943 $31.46 TOTAL FOR EXCELSIOR ACE HARDWARE $69.78 29284 EXCELSIOR CHAMBER 7/1/00 - 6/30/01 DUES 12/6/00 $125.00 TOTAL FOR EXCELSIOR CHAMBER OF COMM $115.00 29285 FIRST AMERICAN TITL OUTLOT C WATERFORD- R JOHNS 12/6/00 10216 $250.00 TOTAL FOR FIRST AMERICAN TITLE INS CO $250.00 29286 GRAHN, SUZANNE MILEAGE FOR 2000 ELECTION WO 12/6/00 $107.97 TOTAL FOR GRAHN, SUZANNE $107.97 29287 GRAPE BEGINNINGS, I 12/6/00 35023 $226.00 TOTAL FOR GRAPE BEGINNINGS, INC $216.00 29288 HELGESEN, PATRICIA 11/20 - 12/01 CONTRACT WORK 12/6/00 $918.75 TOTAL FOR HELGESEN, PATRICIA $918.75 29289 HENNEPIN COUNTY TR OCT ROOM/BOARD 12/6/00 2957 $268.00 TOTAL FOR HENNEPIN COUNTY TREASURER $268.00 29290 HOPKINS PARTS COM WIPER BLADE 12/6/00 29345 $57.31 29290 HOPKINS PARTS COM FUEL FIL TERS/MISC 12/6/00 29346 $22.28 29290 HOPKINS PARTS COM MISC PARTS 12/6/00 29667 $97.38 29290 HOPKINS PARTS COM TUBING 12/6/00 30023 $1.82 29290 HOPKINS PARTS COM MISC PARTS 12/6/00 31076 $11.53 TOTAL FOR HOPKINS PARTS COMPANY $190.31 29291 ICMA RETIREMENT TR 12/5/00 PAYROLL 12/6/00 $923.46 TOTAL FOR ICMA RETIREMENT TRUST-457 $913.46 29292 LAKE REGION VENDIN 12/6/00 8774 $117.04 TOTAL FOR LAKE REGION VENDING $117.04 29293 MAGIC DRAGON THEA 2ND HALF PYMT HOLIDAY PARTY E 12/6/00 $175.00 TOTAL FOR MAGIC DRAGON THEATRE GROUP $175.00 29294 MARK VII 12/6/00 213264 $2,038.40 29294 MARK VII 12/6/00 213264 $71.15 29294 MARK VII 12/6/00 213265 $7.75 29294 MARK VII 12/6/00 215679 $659.63 29294 MARK VII 12/6/00 215680 $10.90 l\:~~m:::'~~";-,,':~:':",".~~'::::~,~:;t:%:"\"":"~,:~,::~.<:,ln:rtT;;;~r:",,:~,n~::m'{a';"t,~lm'!m';':ffi1l;j'i"n;m"f"m'!t.~v~?~\~\m':<~:x~ri:':,H':m,~,'l:;:"':':l\':::,::,::~:~'"::::::,;;::,,:,,l':l ''':r:r::':,~;:,::,:<!:<:::~":::.r.X,:':~';':'f,~\',~t::lrr.:-11\W.::riS?;.t\n;1'xt:~~:>:,,::t\:,':>:<1,,,,'l':r:~,::;::1'{cr:~:'rr:-;\:!;,,l;<::f;';';.;~,:",':1r;;W~;\i';\'I:~{t~~;:r:E\:;;~';1r~t:ml :'~::;,; Thursday, December 07, 1000 Page 3 of 10 Check # Vender Name Description Check Date Invoice # Amount 29294 MARK VII 12/6/00 218148 $2,207.50 TOTAL FOR MARK VlI $4,995.33 29295 MARLIN'S TRUCKING 12/6/00 8401/8436 $47.25 29295 MARLIN'S TRUCKING 12/6/00 8401/8436 $47.25 TOTAL FOR MARLIN'S TRUCKING $94.50 29296 MINNESOTA GFOA MEMBERSHIP APPLICATION 12/6/00 $30.00 TOTAL FOR MINNESOTA GFOA $3 0.00 29297 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 12/6/00 $173.51 TOTAL. FOR MN CHILD SUPPORT PMT CTR $173.51 29298 MN NCPERS - 762400 DEC PREMIUM 12/6/00 $12.00 TOTAL FOR MN NCPERS - 762400 $12.00 29299 MN SUN PUBLICATION ICE RINK ATTENDANTS AD 12/6/00 378454 $180.60 29299 MN SUN PUBLICATION EQUIP OPERATOR AD 12/6/00 378493 $176.80 29299 MN SUN PUBLICATION FREEMAN PK CONCESSIONS 12/6/00 379733 $15.37 TOTAL FOR MN SUN PUBLICATIONS $372. 77 29300 MTI DISTRIBUTING CO COUPLING FOR FREEMAN IRRIGAT 12/6/00 50602-00 $21.92 TOTAL FOR MTI DISTRIBUTING COMPANY $21.92 29301 ORONO, CITY OF ANIMAL CONTROL - NOV 2000 12/6/00 1247-00 $1,427.75 . TOTAL FOR ORONO, CITYOF $1,427.75 29302 PANCHYSHYN, JEAN MILEAGE/SUPPLlES/MISC 12/6/00 $20.16 29302 PANCHYSHYN, JEAN MILEAGE/SUPPLlES/MISC 12/6/00 $28.71 29302 PANCHYSHYN, JEAN MILEAGE/SUPPLlES/MISC 12/6/00 $38.96 29302 PANCHYSHYN, JEAN MILEAGE/SUPPLlES/MISC 12/6/00 $44.99 TOTAL FOR PANCHYSHYN, JEAN $132.82 29303 PAWS, CLAWS & HOOV IMPOUNDS/SVC 12/6/00 $35.71 TOTAL FOR PAWS, CLAWS & HOOVES PET $35.71 29304 PAZANDAK, JOSEPH PHONE HEADSET 12/6/00 $26.61 29304 PAZANDAK, JOSEPH 11/19 - 12/02/00 MILEAGE 12/6/00 $58.11 TOTAL FOR PAZANDAK, JOSEPH $84.72 29305 PERA 12/5/00 PAYROLL 12/6/00 $1,748.80 29305 PERA 12/5/00 PAYROLL 12/6/00 $1,603.63 TOTAL FOR PERA $3,352.43 29306 QUALITY WINE & SPIRI 12/6/00 903004-00 $432.41 . 29306 QUALITY WINE & SPIRI 12/6/00 903180-00 $22.22 29306 QUALITY WINE & SPIRI 12/6/00 905355-00 $323.61 29306 QUALITY WINE & SPIRI 12/6/00 905355-00 $786.89 29306 QUALITY WINE & SPIRI 12/6/00 905356-00 $524.63 29306 QUALITY WINE & SPIRI 12/6/00 905356-00 $689.61 29306 QUALITY WINE & SPIRI 12/6/00 905357-00 $282.15 29306 QUALITY WINE & SPIRI 12/6/00 905359-00 $2,564.91 29306 QUALITY WINE & SPIRI 12/6/00 905359-00 $670.11 TOTAL FOR QUALITY WINE & SPIRITS CO $6,296.54 29307 ROGERS, DON PACKET DELIVERIES 12/6/00 $75.00 TOTAL FOR ROGERS, DON $75.00 29308 SENIOR COMMUNITY S NOV CLEANING SVC 12/6/00 $253.57 29308 SENIOR COMMUNITY S NOV CLEANING SVC 12/6/00 $170.62 TOTAL FOR SENIOR COMMUNITY SERVICES $424.19 29309 SHOREWOOD TRUE V BULB 12/6/00 39342 $5.42 TOTAL FOR SHORE WOOD TRUE VALUE $5.42 29310 STATE BOARD-ELECTR REQ FOR INSPECTION CERT BKS 12/6/00 $50.00 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR STATE BOARD-ELECTRICITY $50.00 29311 SUN PATRIOT NEWSPA CUP - MTKA COUNTRY CLUB 12/6/00 294 $35.58 29311 SUN PATRIOT NEWSPA CUP YOUNG/CALLAHAN 12/6/00 315 $37.45 29311 SUN PATRIOT NEWSPA RUSSELL SETBACK VARIANCE 12/6/00 316 $35.57 29311 SUN PATRIOT NEWSPA CUP - OUR SAVIOURS LUTHERAN C 12/6/00 317 $41.19 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $149.79 29312 SWANDBY, DONALD MILEAGE/MISC 1 2/6/00 $56.94 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $59.43 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $56.94 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $11.65 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $11.65 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $11.65 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $78.24 29312 SWANDBY, DONALD MILEAGE/MISC 12/6/00 $56.94 TOTAL FOR SWANDBY, DONALD $343.44 29314 THORPE DISTRIBUTIN 12/6/00 210025 $436.80 29314 THORPE DISTRIBUTIN 12/6/00 210027 $184.55 29314 THORPE DISTRIBUTIN 12/6/00 210027 $1,862.50 . 29314 THORPE DISTRIBUTIN 12/6/00 210147 $64.35 29314 THORPE DISTRIBUTIN 12/6/00 210147 $2,029.40 29314 THORPE DISTRIBUTIN 12/6/00 210181 $12.10 29314 THORPE DISTRIBUTIN 12/6/00 210181 $789.35 29314 THORPE DISTRIBUTIN 12/6/00 210682 $12.10 29314 THORPE DISTRIBUTIN 12/6/00 210682 $1,237.95 29314 THORPE DISTRIBUTIN 12/6/00 210697 $112.65 29314 THORPE DISTRIBUTIN 12/6/00 210789 $20.90 29314 THORPE DISTRIBUTIN 12/6/00 210789 $1,221.00 29314 THORPE DISTRIBUTIN 12/6/00 210935 $77.00 29314 THORPE DISTRIBUTIN 12/6/00 210935 $135.60 29314 THORPE DISTRIBUTIN 12/6/00 211239 $41.80 29314 THORPE DISTRIBUTIN 12/6/00 211239 $1,996.95 29314 THORPE DISTRIBUTIN 12/6/00 211338 $15.95 29314 THORPE DISTRIBUTIN 12/6/00 211338 $1,521.70 29314 THORPE DISTRIBUTIN 12/6/00 211347 $45.10 . 29314 THORPE DISTRIBUTIN 12/6/00 211347 $1,627.50 29314 THORPE DISTRIBUTIN 12/6/00 211841 $55.55 29314 THORPE DISTRIBUTIN 12/6/00 211841 $2,752.60 29314 THORPE DISTRIBUTIN 12/6/00 211875 $12.10 29314 THORPE DISTRIBUTIN 12/6/00 211875 $2,808.95 29314 THORPE DISTRIBUTIN 12/6/00 212167 $581.00 TOTAL FOR THORPE DISTRIBUTING COMPA $19,655.45 29315 TONKA AUTO AND BOD PARTS 12/6/00 229366 $12.27 29315 TONKA AUTO AND BOD PARTS 12/6/00 229456 $8.22 TOTAL FOR TONKA AUTO AND BODY SUPP $20.49 29316 US WEST DEX ADS 12/6/00 7550330000 $5.40 29316 US WEST DEX 12/6/00 7550334000 $120.70 TOTAL FOR US WEST DEX $126.10 29317 VERIZON DIRECTORIE 12/6/00 $16.55 29317 VERIZON DIRECTORIE 12/6/00 $16.55 29317 VERIZON DIRECTORIE 12/6/00 $60.40 TOTAL FOR VERIZON DIRECTORIES CORP $93.50 29318 VERIZON WIRELESS, B 12/6/00 $45.94 TOTAL FOR VERIZON WIRELESS, BELLEVUE $45.94 Check # Veltder Name Description Check Date Iltvoice # Amollnt 29319 WORLD CLASS WINES, 12/6/00 99952 $780.00 29319 WORLD CLASS WINES, 12/6/00 99953 $255.00 TOTAL FOR WORLD CLASS WINES,INC $1,035.00 29320 BELLBOY BAR SUPPLY 12/12/00 32962500 $71.27 29320 BELLBOY BAR SUPPLY 12/12/00 32962500 $71.28 29320 BELLBOY BAR SUPPLY 12/12/00 32962500 $71.28 29320 BELLBOY BAR SUPPLY 12/12/00 32962500 $21.07 29320 BELLBOY BAR SUPPLY 12/12/00 32962600 $22.89 29320 BELLBOY BAR SUPPLY 12/12/00 32962700 $22.89 29320 BELLBOY BAR SUPPLY 12/12/00 32997600 $87.98 29320 BELLBOY BAR SUPPLY 12/12/00 33010800 $10.98 29320 BELLBOY BAR SUPPLY 12/12/00 33016300 $11.66 29320 BELLBOY BAR SUPPLY 12/12/00 33016300 $49.00 29320 BELLBOY BAR SUPPLY 12/12/00 33016400 $48.90 29320 BELLBOY BAR SUPPLY 12/12/00 33016500 $158.04 29320 BELLBOY BAR SUPPLY 12/12/00 33016500 $9.94 29320 BELLBOY BAR SUPPLY 12/12/00 33016700 $108.90 29320 BELLBOY BAR SUPPLY 12/12/00 33016800 $64.64 29320 BELLBOY BAR SUPPLY 12/12/00 33016900 $20.77 . 29320 BELLBOY BAR SUPPLY 12/12/00 33016900 $73.62 29320 BELLBOY BAR SUPPLY 12/12/00 33053000 ($11.09) TOTAL FOR BELLBOY BAR SUPPLY $914.02 29321 BELLBOY CORPORATI 12/12/00 20089000 ($10.83) 29321 BELLBOY CORPORATI 12/12/00 20111900 ($100.13) 29321 BELLBOY CORPORATI 12/12/00 20161600 $396.28 29321 BELLBOY CORPORATI 12/12/00 20161700 $174.25 29321 BELLBOY CORPORATI 12/12/0020161800 $426.50 29321 BELLBOY CORPORA TI 12/12/00 20211500 $123.00 29321 BELLBOY CORPORATI 12/12/00 20211600 $524.20 29321 BELLBOY CORPORATI 12/12/00 20251200 $295.92 29321 BELLBOY CORPORATI 12/12/00 20251400 $178.23 TOTAL FOR BELLBOY CORPORATION $2,007.42 29322 BIFFS, INC. 12/12/00 W116738-74 $371.37 TOTAL FOR BIFFS,INC. $371.37 29323 BOB'S PERSONAL COF 12/12/00 43542 $55.50 . 29323 BOB'S PERSONAL COF 12/12/00 43544 $65.00 TOTAL FOR BOB'S PERSONAL COFFEE SVC $120.50 29324 CARGILL SALT DIVISIO BULK ICE CONTROL 12/12/00 20695440 $1,366.82 TOTAL FOR CARGILL SALT DIVISION $1,366.82 29325 CM CONSTRUCTION IN PV #4 FREEMAN PK 12/12/00 $83,666.50 TOTAL FOR CM CONSTRUCTION INC $83,666.50 29326 DEPT OF PUBLIC SAFE RETAIL BUYERS CARD 12/12/00 $20.00 29326 DEPT OF PUBLIC SAFE RETAIL BUYERS CARD 12/12/00 $20.00 29326 DEPT OF PUBLIC SAFE RETAIL BUYERS CARD 12/12/00 $20.00 TOTAL FOR DEPT OF PUBLIC SAFETY $60.00 29327 E-Z RECYCLING INC. NOV RECYCLING 12/12/00 1687 $4,920.00 TOTAL FOR E-Z RECYCLING INC. $4, 9io. 00 29328 EARL F. ANDERSEN, IN SKATE PK SIGNS/POSTS 12/12/00 28622 $488.72 TOTAL FOR EARL F. ANDERSEN, INC. $488.72 29329 EXCELSIOR-CITY OF 4TH QTR 2000 SEWER JNT USE 12/12/00 $3,254.09 29329 EXCELSIOR-CITY OF 4TH QTR OAK ST SIGNAL 12/12/00 $111.10 TOTAL FOR EXCELSIOR-CITY OF $3,365.19 . . Check # Vender Name Description Check Date Invoice # Amount 29330 FLAHERTY'S HAPPY TY 12/12/00 13327 $87.90 TOTAL FOR FLAHERTY'S HAPPY TYME COM $87.90 29331 FORCE AMERICA, INC PARTS FOR NEW DUMP TRK 12/12/00 40364 $273.40 TOTAL FOR FORCE AMERICA, INC $273.40 29332 GRAPE BEGINNINGS, I 12/12/00 35302 $1,311.00 TOTAL FOR GRAPE BEGINNINGS, INC $1,31J.00 29334 GRIGGS, COOPER & C 12/12/00 298719 $729.88 29334 GRIGGS, COOPER & C 12/12/00 298720 $310.60 29334 GRIGGS, COOPER & C 12/12/00 298724 $518.56 29334 GRIGGS, COOPER & C 12/12/00 298725 $77.65 29334 GRIGGS, COOPER & C 12/12/00 298749 $688.08 29334 GRIGGS, COOPER & C 12/12/00 298750 $155.30 29334 GRIGGS, COOPER & C 12/12/00 299161 $49.33 29334 GRIGGS, COOPER & C 12/12/00 299161 $2,640.60 29334 GRIGGS, COOPER & C 12/12/00 299162 $1,462.50 29334 GRIGGS, COOPER & C 12/12/00 299165 $917.26 29334 GRIGGS, COOPER & C 12/12/00 302123 $574.00 29334 GRIGGS, COOPER & C 12/12/00 302124 $249.91 29334 GRIGGS, COOPER & C 12/12/00 302127 $257.48 29334 GRIGGS, COOPER & C 12/12/00 302128 $75.56 29334 GRIGGS, COOPER & C 12/12/00 302140 $243.57 29334 GRIGGS, COOPER & C 12/12/00 302141 $341.42 29334 GRIGGS, COOPER & C 12/12/00 305000 $51.54 29334 GRIGGS, COOPER & C 12/12/00 305000 $1,559.62 29334 GRIGGS, COOPER & C 12/12/00 305001 $30.45 29334 GRIGGS, COOPER & C 12/12/00 305002 $909.38 29334 GRIGGS, COOPER & C 12/12/00 305005 $743.12 29334 GRIGGS, COOPER & C 12/12/00 305006 $247.76 29334 GRIGGS, COOPER & C 12/12/00 305026 $22.34 29334 GRIGGS, COOPER & C 12/12/00 305026 $459.48 29334 GRIGGS, COOPER & C 12/12/00 305027 $28.22 29334 GRIGGS, COOPER & C 12/12/00 305028 $186.56 29334 GRIGGS, COOPER & C 12/12/00 549669 ($16.00) TOTAL FOR GRIGGS, COOPER & COMPANY $13,514.17 29336 JOHNSON BROS L1QU 12/12/00 1185921 $628.51 29336 JOHNSON BROS L1QU 12/12/00 1185921 $774.95 29336 JOHNSON BROS L1QU 12/12/00 1185922 $1,766.54 29336 JOHNSON BROS L1QU 12/12/00 1185922 $1,075.70 29336 JOHNSON BROS L1QU 12/12/00 1185923 $582.84 29336 JOHNSON BROS L1QU 12/12/00 1185923 $783.01 29336 JOHNSON BROS L1QU 12/12/00 1186581 $199.75 29336 JOHNSON BROS L1QU 12/12/00 1186581 $437.82 29336 JOHNSON BROS L1QU 12/12/00 1186582 $464.52 29336 JOHNSON BROS L1QU 12/12/00 1186582 $622.60 29336 JOHNSON BROS L1QU 12/12/00 1186583 $218.91 29336 JOHNSON BROS L1QU 12/12/00 1186583 $248.50 29336 JOHNSON BROS L1QU 12/12/00 1188789 $142.55 29336 JOHNSON BROS L1QU 12/12/00 1188790 $149.70 29336 JOHNSON BROS L1QU 12/12/00 1188790 $198.00 29336 JOHNSON BROS L1QU 12/12/00 1188791 $95.00 29336 JOHNSON BROS L1QU 12/12/00 1190974 $197.70 29336 JOHNSON BROS LIQU 12/12/00 1190974 $794.88 29336 JOHNSON BROS L1QU 12/12/00 1190975 $452.89 29336 JOHNSON BROS L1QU 12/12/00 1190975 $986.40 l:~::t"::"';~:C!"::'t:,S~~!;1',t~'::\'n':~,,,~::::,~~,,,;,,~~\'\Tr*,~":F;:,,,,,,,::{~~~,,:.;;::>>:,,:l':,,:,~\<:'::,~,1:>:::':,,'T:~'~,,,<:'itf:~;::\",:=,:r?i.'r;;{,,~.:~i;::'{;::'::~::':<i~';;<!.:': :'::"1,,-:;r;z:\::,':~~'mJ;i.~mn';w:ri;t'i:l.Rmr:~.~:-,:~.o;-:sJi'.r~,\':.\'i';:';i:lmffi',;!",:;<,':;;::r,~",;;!:,:,,,r:;;:'.::r:(m\;':l':,;:;:,l':",::,,;;,,:t:::,:{;f:l.<jt:J.m,,~::"J:rrri~,,;::,': '11r."~:,:,,:r::>><!;:~:,,;~'G'::l.mY,,',,:?::~ Thursday, December 07, 2000 Page 7 of 1 0 Check # Vender Name Description Check Date Invoice # Amount 29336 JOHNSON BROS L1au 12/12/00 1190976 $70.95 29336 JOHNSON BROS L1au 12/12/00 1190976 $622.30 29336 JOHNSON BROS L1au 12/12/00 135122 ($3.39) 29336 JOHNSON BROS L1au 12/12/00 141108 ($171.35) 29336 JOHNSON BROS L1au 12/12/00 141109 ($20.75) 29336 JOHNSON BROS L1au 12/12/00 142562 ($165.85) TOTAL FOR JOHNSON BROS LIQUOR CO. $11,152.68 29337 KAR PRODUCTS SHOP SUPPLIES 12/12/00 243542 $170.62 TOTAL FOR KAR PRODUCTS $170.62 29338 KENJARCHOINSURAN INLAND MARINE RENEW-POL# 9060 12/12/00 26245 $327.00 29338 KENJARCHOINSURAN BOND RENEWAL POL #51058982 12/12/00 27157 $729.00 29338 KENJARCHOINSURAN BOND RENEWAL POL #51058982 12/12/00 27157 $97.00 29338 KENJARCHOINSURAN BOND RENEWAL POL #51058982 12/12/00 27157 $68.00 29338 KEN JARCHO INSURAN BOND RENEWAL POL #51058982 12/12/00 27157 $78.00 TOTAL FOR KEN JARCHO INSURANCE $1,299.00 29339 LAKE REGION VENDIN 12/12/00 8791 $292.00 29339 LAKE REGION VENDIN 12/12/00 8792 $209.71 29339 LAKE REGION VENDIN 12/12/00 8793 $175.20 29339 LAKE REGION VENDIN 12/12/00 8809 $116.80 . 29339 LAKE REGION VENDIN 12/12/00 8810 $122.36 29339 LAKE REGION VENDIN 12/12/00 8811 $233.85 29339 LAKE REGION VENDIN 12/12/00 8827 $93.16 TOTAL FOR LAKE REGION VENDING $1,243.08 29340 LARKIN, HOFFMAN, DA GENERAL MATTERS 12/12/00 367779 $1,764.00 29340 LARKIN, HOFFMAN, DA JIM AKINS 12/12/00 367780 $162.50 29340 LARKIN, HOFFMAN, DA SEAMANS ESTATE 12/12/00 367780 $162.50 29340 LARKIN, HOFFMAN, DA USF&G V GEH & G HENDRICKS V CI 12/12/00 367781 $5,177.48 29340 LARKIN, HOFFMAN, DA CITY & GIDEONS V ELLERS OUTDO 12/12/00 367782 $331.60 29340 LARKIN, HOFFMAN, DA RON JOHNSON ET AL V CITY ET AL 12/12/00 367783 $612.50 29340 LARKIN, HOFFMAN, DA SHOREWOOD YACHT CLUB 12/12/00 367784 $212.50 29340 LARKIN, HOFFMAN, DA Aca OF GIDEON GLEN PROP FR T 12/12/00 367785 $3,335.92 29340 LARKIN, HOFFMAN, DA TH 7/41 ROW CONDEMNATION 12/12/00 369728 $1,596.50 TOTAL FOR LARKIN, HOFFMAN, DALY... $13,355.50 29341 LMCIT GL INSURANCE RENEWAL 12/12/00 4919 $41,305.00 29341 LMCIT EXCESS LIABILITY INS RENEWAL 12/12/00 4920 $5,274.00 . TOTAL FOR LMCIT $46,579.00 29342 MINNCOMM PAGING PAGER 12/12/00 52006812003 $8.63 TOTAL FOR MINNCOMM PAGING $8.63 29343 MINNEGASCO 12/12/00 $40.80 29343 MINNEGASCO 12/12/00 $271.54 29343 MINNEGASCO 12/12/00 $164.28 29343 MINNEGASCO 12/12/00 $127.59 29343 MINNEGASCO 12/12/00 $50.32 29343 MINNEGASCO 12/12/00 $30.67 29343 MINNEGASCO 12/12/00 $30.65 29343 MINNEGASCO 12/12/00 $23.00 29343 MINNEGASCO 12/12/00 $115.09 TOTAL FOR MINNEGASCO $853.94 29344 MINNETONKA-CITY OF 4TH aTR WATER BILLS 12/12/00 $214.10 TOTAL FOR MINNETONKA~CITY OF $214.10 29345 NORTHERN STATES P 12/12/00 $215.48 29345 NORTHERN STATES P 12/12/00 $15.36 29345 NORTHERN STATES P 12/12/00 $2,358.58 Check # Vender Name Description Check Date Invoice # Amount 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 29345 . 29346 29346 29346 29347 29347 29347 . 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29349 29350 29351 29352 29352 29352 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P . 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P .12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 NORTHERN STATES P 12/12/00 TOTAL FOR NORTHERN STATES POWER NORTHERN TOOL & EO PW SUPPLIES/DRILL MTR 12/12/00 82106191 NORTHERN TOOL & EO PW SUPPLIES/DRILL MTR 12/12/00 82106191 NORTHERN TOOL & EO HYDRAULIC HOSE 12/12/00 82248591 TOTAL FOR NORTHERN TOOL & EQUIP CO 12/12/00 113329348-0 12/12/00 113329809-0 12/12/00 114627486-0 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT SUPPLIES TOTAL FOR OFFICE DEPOT PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI TOTAL FOR PHILLIPS WINE & SPIRITS POTTS, KENNETH N. NOV PROSECUTIONS TOTAL FOR POTTS, KENNETH N. PROTOCOL COMMUNI SERVICE 12/12/00 952204663-4 TOTAL FOR PROTOCOL COMMUNICATIONS, INC RIVER VALLEY AUTO P HEATER MOTOR 12/12/00 935173 RIVER VALLEY AUTO P SANDER HYDRAULIC PLBG-DUMP T 12/12/00 935174 RIVER VALLEY AUTO P STEEL BRUSHITUBING SPLICES 12/12/00 935175 $658.52 $442.03 $330.49 $300.59 $297.23 $229.26 $111.93 $90.07 $56.26 $20.77 $49.57 $13.46 $11.54 $2.36 $134.98 $5,338.48 $61.76 $90.49 $12.23 $164.48 ($13.60) ($12.89) $495.85 $469.36 ($68.50) $66.80 $136.80 $140.65 $79.50 $2,143.65 $206.25 $3,423.20 $31.32 $195.00 $241.10 $78.75 $93.50 $3,448.64 $59.00 $864.80 $77.59 $931.25 $1,546.05 $362.12 $95.73 $628.35 $14,781.55 $1,608.33 $1,608.33 $85.00 $85.00 $40.46 $306.69 $7.71 r::~~::1,\'Jri';:!>;"':-'~X1,t;rr:;::~::::;,:r:;'";~.~,,t:'J""."'1:t~'\i,:"~:,,;,~.<~~~,,,::m!<,,,::E:::t;o:,~,:::!\:::\~!\l"','!:"\'iT:~:,':<<:),ml';~~"~~r::ffiT"!""r;:W;,'i!?:\,~':',~,,,>:;,;'C~"!! ;":,'"~%,,,:,:':':'?Ln~mi"!;:;~:''''.j':':ii!;::i:;::::::;;'!":,,,,',t'~;'Hmm~,',.,):::~r;r,,;,,111,*,?::<;>;miG'i;;:rr*m~i',,,^:~:<':<:\~:t:;.:,!;::,,,,:<:,:<*,;,,,,,~.:t:1,';;:':;::::<':"",,*,"J::; :r:r:';t:;l1;':m:J,:"!iffi,;~;rrm:~~:r,:.: Thursday, December 07,2000 . Page 9 of 10 12/12/00 3228366 12/12/00 665872 12/12/00 665872 12/12/00 665873 12/12/00 665874 12/12/00 665874 12/12/00 665875 12/12/00 665875 12/12/00 665876 12/12/00 665876 12/12/00 668075 12/12/00 668077 12/12/00 668077 12/12/00 668077 12/12/00 668078 12/12/00 668078 12/12/00 669925 12/12/00 669925 12/12/00 669926 12/12/00 669926 12/12/00 669927 12/12/00 669927 12/12/00 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR RIVER VALLEY AUTO PARTS $354.86 29353 SATELLITE SHELTERS, PARK SHELTER - CATHCART 12112100 22169001 $5,730.12 TOTAL FOR SATELLITE SHELTERS, INC $5,730.12 29354 SENSIBLE LAND USE C 2001 MEMBER DUES 12/12/00 $75.00 TOTAL FOR SENSIBLE LAND USE COAL/TN $75.00 29355 SPEEDWAY SUPERAM 12/12/00 113000STMT $1,025.17 TOTAL FOR SPEEDWAYSUPERAMERICA $1,025.17 29356 THOMAS & SONS CON PV#2 FREEMAN PK SEWERlWATER 12/12100 $78,684.57 TOTAL FOR THOMAS & SONS CONSTR INC $78,684.57 29357 TONKA BAY-CITY OF L1Q LIABILITY INS 12112/00 $2,422.00 TOTAL FOR TONKA BAY-CITY OF $2,422.00 29358 TWIN CITY WATER CLI NOV BACTERIA ANALYSIS 12112/00 7088 $20.00 TOTAL FOR TWIN CITY WATER CLINIC $20.00 29359 US WEST 12/12/00 $45.97 29359 US WEST 12112/00 $45.97 29359 US WEST 12112100 $86.71 TOTAL FOR US WEST $178.65 29360 VISU-SEWER CLEAN & SEWER INSPECTION/CLEANING 12112100 14141 $3,377.60 . TOTAL FOR VISU-SEWER CLEAN & SEAL, $3,377.60 29361 WASTE MANAGEMENT DEC SVC 12/12/00 0074711-159 $92.01 29361 WASTE MANAGEMENT DEC SVC 12112100 0074712-159 $107.71 29361 WASTE MANAGEMENT DEC SVC 12112100 0074730-159 $57.90 TOTAL FOR WASTE MANAGEMENT $257.62 29362 WINE COMPANY (THE) 12112100 50921 $226.70 TOTAL FOR WINE COMPANY (THE) $226.70 29363 WINE MERCHANTS 12112/00 36222 $165.50 TOTAL FOR WINE MERCHANTS $165.50 29364 WSB AND ASSOCIATE WATERS EDGE SUBD 12112100 01074-200-1 $114.00 29364 WSB AND ASSOCIATE SR CTR DRAINAGE-FINAL INV 12112/00 01074-250-1 $192.00 29364 WSB AND ASSOCIATE FREEMAN PK BLDG 12112/00 01074-370-1 $516.00 29364 WSB AND ASSOCIATE FREEMAN PK BLDG CONSTR SVCS 12112/00 01074-374-0 $1,481.73 29364 WSB AND ASSOCIATE SHOREWOOD PONDS DEV REVIEW 12112100 01074-390-1 $57.00 29364 WSB AND ASSOCIATE SEAMANS ESTATES PLAT REVIEW 12112100 01074-561-0 $153.00 . 29364 WSB AND ASSOCIATE FREEMAN WATER/SEWER 12112100 01169-100-0 $3,809.20 29364 WSB AND ASSOCIATE 2000 WATER/UTILITY IMPROVEMEN 12112/00 01169-100-1 $737.50 29364 WSB AND ASSOCIATE FREEMAN PK WATER/SEWER 12112/00 01169-104-0 $7,791.40 29364 WSB AND ASSOCIATE SHOREWOOD TRL IMPROVEMENTS 12112/00 01190-004-0 $153.00 29364 WSB AND ASSOCIATE MANITOU WOODS PLAT REVIEW 12112/00 01289-001-0 $167.00 TOTAL FOR WSBANDASSOCIATES $15,171.83 29365 ZAHL EQUIPMENT CO PUMP REBUILD KIT 12112100 88433-IN $36.97 TOTAL FOR ZAHL EQUIPMENT CO $36.97 TOTAL CHECKS $395,747.53 .. Payroll Register Check # Last Name First Name MI Check Amt Check Date 216145 BROWN LA WRENCE A 1,734.86 12/5/00 216146 BUHL SUSAN E 256.56 12/5/00 216147 BURTON BONNIE M 1,306.34 12/5/00 216148 CARTER CLINTON H 306.63 12/5/00 216149 DA VIS CHARLES S 960.36 12/5/00 216150 DEPAUW MARTIN J 236.18 12/5/00 216151 DUFFY DAVID C 185.56 12/5/00 216152 EISCHENS JAMES E 378.09 12/5/00 216153 ELKE CATHERINE M 724.36 12/5/00 216154 FASCHING PATRICIA L 706.21 12/5/00 216155 FLEMMING JAMES D 109.20 12/5/00 216156 GRAHN SUZANNE M 1,005.69 12/5/00 216157 GREGERSON V ALORIE J 256.27 12/5/00 . 216158 GROUT TWILA R 830.96 12/5/00 216159 HARRIS STEVEN L 272.67 12/5/00 216160 HELLING PAMELA J 711.63 12/5/00 216161 HIRSCH DANA M 134.19 12/5/00 216162 JOHNSON DENNIS D 993.26 12/5/00 216163 KALLEST AD STEPHEN N 1,029.59 12/5/00 216164 KARELS PAUL C 78.62 12/5/00 216165 LATTERNER SUSAN M 387.04 12/5/00 216166 LEDWITH JAMES R 76.18 12/5/00 216167 LUGOWSKI JOSEPH P 1,088.93 12/5/00 216168 MALUCHNIK KRIS A 310.82 12/5/00 216169 MANSHIP AUSTIN A 14.32 12/5/00 216170 MARRON RUSSELL R 40.10 12/5/00 . 216171 MASON BRADLEY J 976.39 12/5/00 216172 MJOLSNES MOLLY D 238.94 12/5/00 216173 NICCUM LAWRENCE A 1,236.57 12/5/00 216174 NIELSEN. BRADLEY J 959.06 12/5/00 216175 PAETZEL THERESE M 18.47 12/5/00 216176 PANCHYSHY JEAN M 1,136.49 12/5/00 216177 PAZANDAK JOSEPH E 1,292.19 12/5/00 216178 POUNDER CHRISTOPHER J 1,019.92 12/5/00 216179 RANDALL DANIEL J 1,026.54 12/5/00 216180 RICH MELANY M 119.44 12/5/00 216181 SCHMID CHRISTOPHER E 522.14 12/5/00 216182 SCHNEEWIN JACQUELYN K 1,030.97 12/5/00 216183 SW ANDBY DONALD R 1,108.19 12/5/00 216184 VOGT MITCHELL T 100.20 12/5/00 Total of Checks $24,920.13 Thursday, December 07, 2000 Page 1 of 1