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072400 CC Reg AgP .... CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 24,2000 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 2. APPROVAL OF MINUTES A. City Council Executive Session Meeting Minutes, July 10,2000 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes, July 10,2000 (Att.-#2B Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. A Motion Approving a Party. Registration and Permit Request for a Family Reunion on August 19,2000 from 6:00 p.m. - 10:00 p.m. (Att.-#3A Permit) Applicant: Ron and Sue Fomeris Location: 5730 Brentridge Drive A Motion Approving a Party Registration and Permit Request for a Block Party on August 11,2000 from 7:00 p.rn. -11:00 p.m. (Att.-#3B Permit) Applicant: Jeanne Mach Location: Chestnut Court cul-de-sac (6040 - 6055 Chestnut Court) B. C. A Motion Authorizing Signatories on the City's Bank Accounts at Beacon Bank (Att.-#3C Finance Director's Memorandum) D. A Motion Authorizing expenditure of funds for generator retrofit (Att.-#3D Public Works Director's Memorandum) E. A Motion to Adopt a Resolution A warding Contract for a snowplows, dump box, and hydraulic systems. for snow plow vehicle. 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A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Regulating Nonconfonning Accessory Stroctures (Att,-#6H Planner's Memorandum, Draft OrdiJ;lance) 7. GENERAL A. A Motion to Adopt an Ordinance Regulating the Use of Phosphate Fertilizers (Att,-#? A Proposed Ordinance) B. Discussion on 2001 Budget (Att.-#7B Finance Director's Memorandum) 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Approve a Resolution Approving Change Order No. 1 for BitUminous Sealcoating of Streets for the Year 2000 (Att.-#8A Engineer's Memorandum. Draft Resolution), B. A Motion to Adopt a Resolution awarding contract for the wiring of Amsbury Well (Att,-#8B Engineer's memorandum. Draft Resolution) 9. REPORTS A. Administrator &. Staff Reports 1, Gideon Glen - Appraiser's Report 2. Skate Park 3. Eddy Station 4, County Road 19 Intersection 5. Auction of Vehic1es - Hennepin County Auction 6. Shorewood Yacht Club (Att,-#9A6 City Attorney's Memorandum) B. Mayor & City Counell Reports 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#lO) 6. ~'~. ~ , ... , l ~ ~ '';:' ~, ~;~ ~ '10 $ f~ ~>:t.*' ib~ ,.,:. ~: ,.leI l~ .,.' ~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 24 July 2000 Agenda Items #3A, #3B. #3F: These are party pennit requests for neighborhood block parties and/or family events. The motion requires a simple majority vote by the Council. Agenda Item #3C: It is recommended that Finance Director Bonnie Burton be added as authorized signatory on the City's bank accounts in place of AI Rolek. This would bring the number of authorized signatories to four, including Mayor Love, Acting City Administrator Nielsen and Deputy Clerk Panchyshyn. Two signatures are required on each draft. This motion requires a simple majority vote by the Council. Agenda Item #3D: This motion authorizes the expenditure of up to $4,000 to retrofit the City's generator for sound attenuation (ie sound proofing) such that the machine can be operated within a neighborhood with little disturbance. This authorization is by simple motion. Agenda Item #3E: This resolution awards two separate contracts for the remaining pieces of the City's year 2000 dump truck. The first contract is with I-Craft Inc. for the furnishing and installation of the dump truck box, hydraulic systems, front snow plow hitch system, wing plow and safety lighting system. The second contract is with MacQueen Equipment, Inc. for the furnishing and installation of a front plow and rear sand spreader. The total of the two contracts is $35,602. This will be funded by the Equipment Replacement Fund of the Capital Improvement Program. Agenda Item #5B: At the direction of the Park Commission staff has prepared an ordinance establishing a $5.00 fee per player per year for organized sports use of the City's park facilities. Approval of the ordinance requires a simple majority vote. Agenda Item #6A: Iim Akins has requested a conditional use permit that would allow him to bring in approximately 300 Cubic yards of fill at 27820 Island View Road. The Planning Commission voted unanimously to recommend approval, subject to conditions suggested by staff The resolution requires a four-fifths vote by the City Council. Agenda Item #6B: Earlier this year the Council authorized Metricom, Inc. to make an application to install telecommunications facilities on the Southeast Area water tower site. Although, the Planning Commission recommended 3-2 to approve the conditional n ~J PRINTED ON RECYCLED PAPER Executive Summary - City Council meeting of July 24,2000 Page 2 of3 use permit, questions were raised as to whether Metricom is covered by the Telecommunications Act. The City Attorney will address this issue at the meeting on Monday night. The Council should direct staff to prepare a findings offact for the next meeting. Approval will ultimately require a four-fifths vote by the Council. . Agenda Item #6C: Tom and Pam Zachman propose to build a detached garage at 4960 Shady Island Circle. The new garage will put them in excess of 1200 square feet of accessory space, requiring a conditional use permit. The Planning Commission voted unanimously to recommend approval of the c.u.P. Council approval requires a four-fifths vote by the Council. Agenda Item #6D: Robert and Jean Weiss have requested a conditional use permit to build a detached garage on the east half of their two-acre lot at 6175 Lake Virginia Drive. The request complies with all applicable Shorewood codes, and the Planning Commission agreed unanimously with the Planning Director's recommendation to approve the conditional use permit. Approval requires a four-fifths vote by the City Council. Agenda Item #6E: Greg and Molly Swirtz have requested a bluff setback variance to build a lO-foot deck on the lake side of their home at 6090 Ridge Road. The site is located at one of the highest and narrowest points on the ridge between Christmas Lake and Silver Lake. The Planning Commission voted 3-1 (with one abstention) to approve the variance request. The Council should direct staff to prepare a findings of fact for the next meeting. Approval of the variance would require a four-fifths vote by the Council. . Agenda Item #6F: Herbert Margolis, owner of the lot at 28045 Boulder Bridge Drive, proposes to purchase a strip ofland from his neighbor at 28065 Boulder Bridge Drive. Mr. Margolis wishes to enlarge his somewhat narrow back yard and have the lot line reflect the existing landscaping that has occurred on the property. The Planning Commission voted unanimously to recommend approval of the lot line rearrangement, subject to staff's recommendations. The Council should direct staff to prepare a resolution of approval for the next meeting. Agenda Item #6G: One of the items on the Planning Commission's work program for 2000 was to examine the allowable densities for senior housing projects. The Commission voted 4-3 to recommend an ordinance amendment reducing the density for senior housing projects by two units per 40,000 square feet. For example, the R-IA district would be dropped from four units per 40,000 square feet of area to two units. The R-l C district would dropped from eight units per 40,000 to six units and so forth. Approval of the amendment requires a four-fifths vote by the City Council. The actual draft of the ordinance will be distributed under separate cover. . . . }.... Executive Summary - City Council meeting of July 24, 2000 Page 3 of3 Agenda Item #6H: After considerable study of the current regulations for accessory structures, the Planning Commission had recommended an ordinance amendment that provides for bringing nonconforming accessory structures into conformance with current rules as part ofC.U.P. approvals. The amendment goes even farther in requiring nonconforming accessory buildings to be brought into compliance when the principal structure is being increased in size by 50 percent. Their recommendation is forwarded with a 6-1 vote. Approval of the amendment requires a four-fifths vote by the Council. The draft ordinance will be distributed under separate cover. Agenda Item #7 A: At the recommendation of the LCEC and the direction of the City Council, staff has prepared a lawn fertilizer ordinance, modeled after the Plymouth ordinance. One significant change is a provision that limits the sale of phosphorous fertilizer in Shorewood. This provision should be subject to review and recommendation by the City Attorney. Approval of the ordinance requires a simple majority vote by the CounciL AgendaItem #7B: The City Council is requested to determine budget priorities and objectives and provide direction to staff. Several items to consider in this process may include: no levy limits for 2001; fire department budget increases; a CPI increase of3% this past year; a PERA deficit that will need attention in 2002; whether to provide long term disability insurance as an employee benefit; and any projects or activities the council is interested in pursuing. This topic is for discussion only. No formal action is required. Agenda Item #8A: The Contractor for the Bituminous Seal Coating has informed the Cities of Excelsior, Shorewood and Tonka Bay that the sole provider of the cover aggregate for Minnesota has declared a shortage of material. The bottom line is, that the 200 tons Tonka Bay requires can be provided this year. Excelsior and Shorewood's 800 tons each are not available. Therefore, after discussion with the Public Works Directors of each city, it is recommended that Change Order 1 be approved which extends the time of completion to July, 2001 for Excelsior and Tonka Bay. Agenda Item #8B: This item authorizes $11,060 from the water fund for the wiring and electrical panel work for the Amesbury Well such that emergency backup power can be connected to the well during power outages. . . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, JULY 10,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:30 p.m. .. \)\\I\~1'\ MINUTES 1. CONVENE EXECUTIVE SESSION MEETING Councilmember Stover, acting as Mayor for this meeting, called the meeting to order at 6:30 p.m. A. Roll Call Present: Councilmembers Garfunkel, Lizee, Stover and Zerby; Attorney Keane; Planning Director Nielsen; Engineer Brown Absent: Mayor Love B. Review Agenda 2. DISCUSSION REGARDING POSSffiLE NEW LITIGATION Attorney Keane provided information to the Council on possible new litigation. 3. ADJOURN Lizee moved, Zerby seconded, adjourning the Executive Session at 7 :02 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator ;ff ;LA . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 10,2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DRAft 1. CONVENE CITY COUNCIL MEETING Councilmember Stover, acting as Mayor for this meeting, called the meeting to order at 7:10 P.M. A. Roll Call Present: Councilmembers Garfunkel, Lizee, Stover, and Zerby; Planning Director Nielsen; Attorney Keane; and Engineer Brown Absent: Mayor Love B. Review Agenda Garfunkel moved, Lizee seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes June 26, 2000 Zerby moved, Lizee seconded, approving the City Council Regular Meeting Minutes for June 26, 2000, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Authorizing the Mayor and City Administrator to Enter into an Agreement for Recording Services B. A Motion Authorizing Expenditure for a Computer Upgrade Motion passed 4/0. 4. MATTERS FROM THE FLOOR Mr. Ed Bergslien, 24785 Smithtown Road, addressed Council about his concern regarding lack of lighting outside the Driskill's Shopping Center on Highway 7. He noted there is no lighting outside at the Shopping Center and believed lighting should be considered for safety's sake. Council thanked him for his concern, and Director Nielsen explained Driskill's Shopping Center existed prior to an ordinance requiring lighting in that area. He also stated he would speak to the Manager of the Shopping Center and see if any plans for lighting in the area are currently being proposed. =f- J- 6 CITY COUNCIL REGULAR MEETING MINUTES - JULY 10, 2000 Page 2 of6 5. PARKS There had not been a meeting of the Park Commission since the last Regular City Council Meeting of June 26, 2000, so there was nothing new to report at this time. 6. PLANNING There had not been a meeting of the Planning Commission since the last Regular City Council Meeting of June 26, 2000, so there was nothing new to report at this time. 7. GENERAL A. 7:15 PUBLIC HEARING A Motion to Adopt a Resolution Regarding a Request to Vacate a Portion of a Sanitary Sewer Easement Applicant: Jim and Tracy Akins Location: 27820 Island View Road . Acting Mayor Stover opened the public hearing at 7:l5 P.M. Director Nielsen provided historical background on .this matter noting the applicant is requesting a sewer line currently located on the northerly end of the lot be relocated to accommodate a site plan for a new house and swimming pool. Engineer Brown stated he had received plans for the sewer line construction and noted the plans the applicant had submitted would work from a technical standpoint. He suggested additional insulation be placed between the new sanitary sewer line and the pool to guard against freezing of the line in the winter. Jim Akins, 27820 Island View Road, stated his intent is to make this a "win/win" situation for all parties concerned. . Larry Reid, 27780 Island View Road, stated he is the neighbor immediately east of the this property and has no problem with the Akins proposal for the sewer line as long as it works correctly. He also stated he believed Shoal Madson to be a competent engineering firm and is only concerned about the potential for a sewer back-up. Acting Mayor Stover closed the public hearing at 7:22 P.M. Councilmember Lizee questioned Engineer Brown about the kind of insulation to be utilized around the pipe. He responded there would be additional cover (fill) over the top of the sewer line as well as rigid foam insulation placed between the pool and the pipeline. Councilrnernber Lizee also asked about the potential for problems with the approximate forty-five degree bend in the pipe. Engineer Brown likened it to a bent gardenhose where the flow is somewhat slowed, but not impeded. Councilrnember Garfunkel asked whether there were potentials for problems with inflow and infiltration so close to the lake. Engineer Brown explained that normally this situation might call for as many as four manholes. However, the manholes are often the trouble spots where the infiltration takes place, so plans CITY COUNCIL REGULAR MEETING MINUTES - JULY 10,2000 Page 3 of6 for infiltration have been revised to include only one manhole, thus, minimizing the concern over infiltration in this area. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-068. "A Motion to Adopt a Resolution Regarding a Request to Vacate a Portion of a Sanitary Sewer Easement for Jim and Tracy Akins, 27820 Island View Road," contingent upon the following three conditions being met: 1) The Engineer's Plan being finalized subject to technical review; 2) Additional insulation be utilized between the sewer line and the pool structure, and 3) Vacation of the utility easement not occur until the new utility was in place, had been tested, and was accepted for use. Motion passed 4/0. B. Quarterly Report by LMCD Representative - Tom Skramstad Tom Skramstrad, Lake Minnetonka Conservation District Representative, provided a report on ten items discussed by the LMCD in the past three months. Mr. Skramstad asked for Council's input regarding a request for additional liquor licenses for tour boats on Lake Minnetonka. . Director Nielsen reported Mayor Love's concern about the number of licenses currently existing and problems taking place as a result of the number of licenses already issued. Also, Mayor Love wondered how many licenses were being considered for expansion. Mr. Skramstad explained this was a preliminary discussion and no exact number of licenses had been discussed. Councilmember Lizee stated she would like to see some information come forward from the tour boat businesses as a group regarding plans and projections for the new liquor licenses. Acting Mayor Stover questioned the number of DWI's resulting from these liquor licenses. Mr. Skramstad did not believe that information to be available. Council member Garfunkel asked about compliance checks being done on the tour boats with regard to any underage drinking. Mr. Skramstad responded he did not believe this was being done at this time, however, he believed the tour boat operators were responsible people concerned with running a good business. . Acting Mayor Stover asked if the tour boats carried dram insurance as well. Mr. Skramstad noted he believed they were required to do so. Mr. Skramstad also stated the LMCD had drafted an ordinance in May to help regulate the use of tour boats being used for adult cabaret and exotic dancing. He noted the Shorewood Yacht Club had made application for use of a fourth dock on site and requested information from the Council on this matter as part of Item 7C. Further, he reported on bouys installed at Cruiser's Cove, the City of Woodland's ordinance for phosphorus free lawn fertilizer, boat density regulations, the need for more deputies as part of the Water Patrol, milfoil harvesting, and a tour of the lake by the LMCD Board and the DNR. He also reported an unsubstantiated rumor had been circulating about zebra mussels being found in Lake Minnetonka. Councilmember Zerby noted there is phosphorus in fireworks and wondered if falling debris from fireworks impacted phosphorus levels in the lake in any way. CITY COUNCIL REGULAR MEETING MINUTES - JULY 10,2000 Page 4 of 6 Council thanked Mr. Skramstad for his report as well as the continued positive efforts by the LMCD in working with the cities around Lake Minnetonka. C. Report on Shorewood Yacht Club, LMCD Permit Request Director Nielsen provided background information on this matter. He stated the City has a number of concerns related to the request from the Shorewood Yacht Club, noting the purchase of new property was being used to support a request from the LMCD for additional dock usage. Director Nielsen explained the proposed docks do not meet the sideyard setbacks of ten feet from side lot lines extended into the water as per City ordinance. Also, the CUP on file included only 80 dock slips. This was based on a revised application from the Yacht Club, issued approximately twenty years ago pursuant to a court decision which originally called for 125 dock slips versus the 80 slips requested in the revised plan approved by the City. . Mr. John Cross, owner of the Shorewood Yacht Club, as well as his attorney, Mr. Walter Baker, were in attendance and addressed the Council. Mr. Baker stated he was not prepared to deal with this matter this evening, but noted it was his understanding that the matter of application of the Shorewood Yacht Club was approved at an LMCD meeting, subject to a couple of conditions, by a majority vote. It is also his understanding there was a request from the LMCD to the City for comments. Further, he stated there were a number of issues needing to be resolved regarding this matter, but preferred it be done at another time after he had ample time to research the matter more thoroughly. He also stated he believed the LMCD process was coming close to an end-with approval, subject to comments from the City. Also, he believed this application is not new, but rather, completion of a prior process of direction by the courts for 125 dock slips. Councilmember Garfunkel requested verification about the accuracy of Mr. Baker's perception of the decision made by the LMCD. Mr. Skramstad, LMCD representative, responded the attorney for the LMCD had been authorized to complete findings of fact regarding this matter, but no formal vote had been taken to approve the request from the Shorewood Yacht Club. . Councilmember Garfunkel asked Director Nielsen if the City was precluded from upholding City ordinances related to this site if the LMCD approves a variance in this matter. Director Nielsen responded the City was not precluded from upholding ordinances if the variance is approved by the LMCD. Councilmember Lizee asked Mr. Baker when the Shorewood Yacht Club might be approaching the Council with the application for variance. Mr. Baker stated he believed the application for variance was covered in an earlier court decision, and there was no need to make application. Attorney Keane explained this is an informational item brought forward for Council's awareness. He suggested it may be appropriate, in an effort to benefit all parties concerned, to ask the LMCD to advise the Council prior to taking any final action on this matter. Thus, if the Yacht Club decided to expand prematurely, the City had reponded to the assertion that no City permits are required. Mr. Baker stated he believed the recent purchase of additional land was irrelevant to the application being made to theLMCD because of the previous court order. . . CITY COUNCIL REGULAR MEETING MINUTES - JULY 10,2000 Page 5of6 Acting Mayor Stover stated it was her understanding the City had jurisdiction over land and the LMCD over the water. If the Yacht Club was requesting use of additional docks, it was her understanding that an application would be needed for land use. Mr. Baker responded the Yacht Club is interested in adding one more "dock finger" off an existing dock, whose jurisdiction was held by the LMCD. Councilmember Zerby asked Mr. Baker about the intent of other issues, such as parking and lighting. Mr. Baker answered he was not prepared to discuss these matters at this time before being able to obtain and present factual information to the Council. Councilmember Zerby next questioned the intent of the recent purchase of additional land next to the Yacht Club. Mr. Baker responded it was not the intent of the Yacht Club to improve the recently acquired property. Director Nielsen asked if the Yacht Club would be making application to the LMCD without the newly acquired land. Mr. Baker responded the Yacht Club would not be able to make application without it. Council member Lizee stated it was her understanding the newly acquired land was zoned residentially; not commercially as would be needed for use as part of a marina. She speculated this may be a rezoning issue that would require application to the City for future use. Councilmember Garfunkel noted the zoning for land use would not change simply because a new owner had acquired it. Mr. Baker stated he believed that all parties involved want to comply with court judgments related to this Issue. Garfunkel moved, Lizee seconded, directing staff to request the LMCD to communicate to the City the status of the Shorewood Yacht Club application, and to give the City notice prior to any contemplated approval of final approval of permits. Motion passed 4/0. 8. ENGINEERINGIPUBLIC WORKS Engineer Brown stated there was nothing to report at this time. 9. REPORTS A. Administrator & Staff 1. Gideon Glen. Report on selection of appraiser Director Nielsen reported an appraiser had been hired and was nearing completion of the appraisal on this property. A final report should be presented at the July 24, 2000, Regular City Council Meeting. 2. Skate Park CITY COUNCIL REGULAR MEETING MINUTES - JULY 10,2000 Page 6 of6 Engineer Brown explained there were a number of issues surrounding the Skate Park to be considered in terms of long-term plans and feasibility of costs and funding. More information will be available at the upcoming City Council Meetings. 3. Eddy Station Engineer Brown reported there is a preconstruction conference scheduled for later this week, and he will report on this at a later date. 4. Covington-Vine Hill Road Trail Project Engineer Brown stated the asphalt has been poured on this project and noted it has proceeded in a timely manner. 5. Infiltration and Inflow Reduction Project . Engineer Brown happily reported the infiltration and inflow reduction projects are successful. For example, one manhole on Enchanted Island had been believed to be taking on approximately ten million gallons of water. While these projects cost the City approximately two to three thousand dollars, they are sure to be saving far more than they cost to complete. 6. Administrator search Director Nielsen reported the search for an administrator is beginning utilizing the Brimeyer Consulting Group. Selection of finalists is anticipated in early October of 2000. B. Mayor & City Council Councilmember Lizee reported the Fourth of July Committee would meet on July 12,2000, to wrap up this year's celebration. She noted the orchestra perfonned exquisitely, and the fireworks were fabulous at the Fourth of July Celebration. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS . Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of July 10,2000, at 8:25 P.M., subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED. Sally Keefe, Recording Secretary Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator City of Shorewood PARTY REGISTRATION AND PERMIT Pursuant to Chapter 505 of the Municipal Code application for a party is made as follows: Party to be Re~istered: Any person or persons sponsoring a party at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance shall, prior thereto, register such party with the City Clerk, giving the location, date, time, purpose, names of all sponsors and the number of persons it is anticipated will be in attendance. Permit for Additional Parties: Within a period of six (6) months following such party, no additional party or parties, at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefor approved by the City Council. Application for such pennit shall be made to the City Clerk. . Party Location: ~/ 3CI5,ec/v:fi'd0!5(c- J)~? Date of Party: g - /q-;;<COO c; )...}O{? f l.I..../(:)(../'>:{) '? cO /0;, - //; CO Number of Persons' \annclpated) to Attend: :::>Q - .:::> Time: {~pvv ' L ,a-Vt/'- J I i Purpose: ,tYl; Ie - (;-( f'//)(k 7\f I, /e/7 Sponsor's Name(s): c;....) v :;; rr. r:; (' ,V'iP/-, $: ( 70 - L/ 5 :;), q Special Parking or Safety Provisions: (2'11.1'5 ~ "?/C'::J s1reet r:~'X./- 10 hO(js~ I di~/[e~~ ~.- Prohibitions: I . . 0 a. No person shall, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. b. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating the disturbance. (Ord. 101,8-14-78) . Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said party in lie e' charo: . Chapter. (1987 Code) -----------.-.--------- Date: '7-/0"-00 Applicant's Signature: I~ Use Owy.-.---------------------------- SLMPSD: Fire Marshal: City Registration: Additional Requirements: Date: Date: Date: Original: Copy to: City of Shorewood South Lake Minnetonka Public Safety Department Applicant =If 31f City of Shorewood PARTY REGISTRATION AND PERMIT Pursuant to Chapter 505 of the Municipal Code application for a party is made as follows: Party to be Reeistered: Any person or persons sponsoring a party at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance shall, prior thereto, register such party with the City Clerk, giving the location, date, time, purpose, names of all sponsors and the number of persons it is anticipated will be in attendance. . Permit for Additional Parties: Within a period of six (6) months following such party, no additional party or parties, at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefor approved by the City Council. Application for such permit shall be made to the City Clerk. (0065 (:~tnA.'t Cot,tr+ Party Location: 't lu040 Ch:stn.d.. C()urt . Number of Persons (anticipated) to Attend: ..v ~O~ Purpose: ~c-~ pa.eh! Sponsor's Name(s): Jeo()~ }rna (I>h Special Parking or Safety Provisions: Date of Party: <at {( 10 0 Time: 1- {I ~m . Prohibitions: a. No person shall, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating the disturbance. (Ord. 101,8-14-78) b. Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said party in lieu of being charged under this Chapter. (1987 Code) Applicant's Signature: 40Avr!1 111,.xc/"'\ Date: '7/,fJ DD - -- -- -- - - - - - --- - - - - -- - -- --- - - - - - - - -For omce Use Only - -- -- - -- - - - -- - - _.- - -- --- --__ ____ SLMPSD: Fire Marshal: City Registration: Additional Requirements: Date: Date: Date: Original: Copy to: City of Shorewood South Lake Minnetonka Public Safety Department Applicant =1f36 . . .... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhal/@cLshorewood.mn.us MEMORANDUM Date: July 18, 2000 To: Honorable Mayor and City Council Members Bradley Nielsen, Acting City Administrator - Bonnie Burton, Finance Director/Treasurer ~ From: Re: Authorizing Signatories for the City's Bank Accounts Recent changes in city staff require the approval of a Corporate Authorization Resolution, which appoints authorized signers on the City accounts at Beacon Bank. Checks issued by the City require two (2) signatures, one of which has to be the Mayor's. It is recommended that the following individuals be named as authorized signers by the City Council. This motion requires a simple majority vote. Woody Love, Mayor Bradley Nielsen, Acting City Administrator Bonnie Burton, Finance Director/Treasurer Jean Panchyshyn, Deputy City Clerk Please advise if you have questions or if I can be of further assistance. ft ~J PRINTED ON RECYCLED PAPER #3C IDo o(o~3 "" BEACON BANK 19765 HIGHWAY SEVEN SHOREWOOD, MN 55331 CORPORATE AUTHORIZATION RESOLUTION By: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331 Referred to in this document as -Financial Institution" Referred to in this document as "Corporation" I, , certify that I am Secretary (clerk) of the above named corporation organized under the laws of MTNNF.~O'T' A , Federal Employer 1.0. Number 41-6005142 , engaged in business under the trade name of CT'T'Y' OF ~HORF.WOOD , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly caJled and held on 7 /13/00 (datel. These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position Signature Facsimile Signature (if used) A. WOODY LOVE, MAYOR X B. BRADLEY NIELSON, CITY ADMINISTRATOR -x C. BONNIE BURTON, FINANCE DIRECTOR/TREAS X D. JEAN P ANCHYSHYN, DEPUTY CLERK X ... X c. F. X x X X x . X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Fol/owing each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power D, E, and/or F Indicate number of signatures required (1) Exercise aU of the powers listed in this resolution. (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. (7) Other . LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated CERTIRCA TION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) o If checked, the Corporation is a non-profit corporation. . If not completed, all resolutions remain in effect. In Witness Whereof, I have subscribed my name to this docurnent and affixed the seal of the Corporation on {datel. Anest by One Other Officer Secretary ~ 1985,1997 8ankers Systems, Inc.. Sl. Cloud. MN Form CA-l 1113/98 (page 1 of 2J , .- BEACON BANK 409 Second Street Excelsior, MN 55331 OWNERSHIP OF ACCOUNT - CONSUMER PURPOSE o INDIVIDUAL 0 o JOINT - WITH SURVIVORSHIP (and not as tenants in common) o JOINT - NO SURVIVORSHIP (as tenants in common) o TRUST. SEPARA TE AGREEMENT: o REVOCABLE TRUST OR 0 PAY-ON-DEATH OESIGNA TION AS DEFINED IN THIS AGREEMENT Name and Address of Beneficiaries: OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE SOLE PROPRIETORSHIP CORPORA TION: 0 FOR PROFIT 0 NOT FOR PROFIT o PARTNERSHIP o BUSINESS: COUNTY & STATE OF ORGANIZATION: AUTHORlZA TION DA TED: DATE OPENED 09/10/90 INITIAL DEPOSIT $ .00 o CASH 0 CHECK 0 HOME TELEPHONE # BUSINESS PHONE # DRIVER'S LICENSE # EMPLOYER MOTHER'S MAIDEN NAME BY GML (612) 474-3236 Name and address of someone who will always know your location: _ BACKUP WITHHOLDING CERTIFICATIONS TIN: 41-6005142 lID TAXPAYER 1.0. NUMBER . The Taxpayer Identification Number shown above (TIN) is my correct taxpayer identification number. lID BACKUP WITHHOLDING - I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. o EXEMPT RECIPIENTS . I am an exempt recipient under the Internal Revenue Service Regulations. o NONRESIDENT ALIENS . I am not a United States person, or if I am an individual, I am neither a citizen nor a resident of the United States. SIGNATURE: I certify under penalties of perjury the statements checked in this section. x Date iC 1992 Bankers Systems. Inc.. St. Cloud. MN (1-Boo-397.2341) Form MPSC-LAZ.MN 5/6/96 I ACCOUNT . NUMBER 1300822 Money Market Savings ACCOUNT OWNERIS) NAME & ADDRESS CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD MN 55331 lID NEW TYPE OF 0 CHECKING ACCOUNT 0 MONEY MARKET o NOW o EXISTING KJ . SA VINGS o CERTIFICATE OF DEPOSIT o This is your (check onel: E9 Permanent 0 Temporary account agreement. Number of signatures required for withdrawal FACSIMILE SIGNATUREISI ALLOWED? 0 YES [X 1 IKI NO ] SIGNATUREfS) - THE UNDERSIGNED AGREEfSI TO THE TERMS STATED ON PAGES 1 AND 2 OF THIS FORM, AND ACKNOWLEDGEfS) RECEIPT OF A COMPLETED COPY ON TOOAY'S DATE. THE UNDERSIGNED ALSO ACKNOWLEDGEfSI RECEIPT OF A COpy OF AND AGREEfS) TO THE TERMS OF THE FOLLOWING DISCLOSUREfSI: E9 Deposit Account Disclosure @9 Funds Availability Disclosure E9 Electronic Funds Transfer Disclosure Kl TIS Disclosure o BEACON BANK 409 Second Street Excelsior, MN 55331 OWNERSHIP OF ACCOUNT - CONSUMER PURPOSE o INDIVIDUAL 0 o JOINT - WITH SURVIVORSHIP land not as tenants in commonl o JOINT - NO SURVIVORSHIP (as tenants in commonl o TRUST - SEPARATE AGREEMENT: o REVOCABLE TRUST OR 0 PAY-ON-DEATH DESIGNATION AS DEFINED IN THIS AGREEMENT Name and Address of. Beneficiaries: OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE o SOLE PROPRIETORSHIP o CORPORATION: 0 FOR PROFIT 0 NOT FOR PROFIT o PARTNERSHIP o BUSINESS: COUNTY & STATE OF ORGANIZATION: AUTHORIZA TION DATED: GMt. DATE OPENED 09/04/90 BY INITIAL DEPOSIT $ . 00 o CASH 0 CHECK 0 HOME TELEPHONE # BUSINESS PHONE # (612) 474-3236 DRIVER'S LICENSE # EMPLOYER MOTHER'S MAIDEN NAME Name and address of someone who will always know your location: _ BACKUP WITHHOLDING CERTIFICATIONS TIN: 41-6005142 g] TAXPAYER I.D, NUMBER . The Taxpayer Identification Number shown above (TIN) is my correct taxpayer identification number. . g] BACKUP WITHHOLDING - I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. o EXEMPT RECIPIENTS . I am an exempt recipient under the Internal Revenue Service Regulations. o NONRESIDENT ALIENS - I am not a United States person. or if I am an individual, I am neither a citizen nor a resident of the United States. SIGNATURE: I certify under penalties of perjury the statements checked in this section. x (Date) 101992 Bankers Syst&ms.1nc.. St. Cloud, MN (1.800-397-2341) Form MPSC-lAZ-MN 5/6/96 I ACCOUNT . NUMBER 1000643 Business Plus ACCOUNT OWNERISI NAME & ADDRESS .. I ~ ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD MN 55331 lID NEW TYPE OF E9 CHECKING ACCOUNT 0 MONEY MARKET o NOW o EXISTING o SAVINGS o CERTIFICATE OF DEPOSIT o This is your (check one): E9 Permanent 0 Temporary account agreement. Number of signatures required for withdrawal 1 FACSIMILE SIGNATUREISI ALLOWED? 0 YES. g] NO f' [x SIGNATUREfS) - THE UNDERSIGNED AGREEfS) TO THE TERMS STATED ON PAGES 1 AND 2 OF THIS FORM, AND ACKNOWlEDGEfS) RECEIPT OF A COMPLETED COpy ON TODA Y'S DATE. THE UNDERSIGNED ALSO ACKNOWLEDGEfS) RECEIPT OF A COPY OF AND AGREEIS) TO THE TERMS OF THE FOLLOWING DISCLOSUREfS): E9 Deposit Account Disclosure @9 Funds Availability Disclosure E9 Electronic Funds Transfer Disclosure Kl TIS Disclosure o 111: L ] WOODY LOVE I.D. # D.O.B_ (2): L ]- BRADLY NIELSON 1.0. II D.O.B. (3): L ] BONNIE BURTON I.D~ # D.O.B. 14): L ] JEAN PANCHYSHYN I.D~# D.O.B. OAuthorized Signer (Individual Accounts Only) L ] J.D.# D.O.B. (page 1 of 21 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 ,Uf Larry Brown, Director of Public Works tJY July 19, 2000 . FROM: DATE: RE: A Motion Authorizing Expenditure of Funds for Modifications to Emergency Generator In August of 1999, the City of Shorewood purchased the City's first generator to power critical systems, such as the wastewater and water facilities, in the event of an electrical outage. It was the City's hope that the unit would be delivered prior to the Y2K event. At:ier quotes were received, the contract was awarded to Alliance Energy Systems of Chanhassen, Minnesota. - -In September of 1999, shop drawings were approved for production of the generator with the omission of what is known as "sound attenuation." In laymen's terms, "sound proofing" features. For the size of unit that was purchased, the noise level is very loud. It is unlikely that residents living near a well facility would tolerate the noise created by the generator without sound attenuation. By the time it was discovered that the specifications were silent regarding this feature, it was decided that the pending deadline of Y2K did not permit the machine to be revised. It was discussed that the additions to the generator and enclosure could occur after the fact. Little did we know that in November the factory would notify the City that the generator would not be delivered in time for the end of the year. The delay was due to a backlog in production and a shortage in the labor market. The factory was working 24 hour days 7 days per week and would still not meet the deadline. Faced with a performance issue, Alliance Energy Systems contacted a worldwide rental agency and shipped a generator to the City of Shorewood for use over the end of the year event. n ~J PRINTED ON RECYCLED PAPER =# 3d. Mayor and City Council Brad Nielsen, Acting City Administrator July 19, 2000 Page 2 of2 In March, of 2000 the City was able to take delivery of the unit. However, the electrical cables and plugs were still on backorder from the supplier. While "cables and plugs" sounds like a trivial matter, this amounts to approximately $6,000 worth of material: To insure perfonriance by Alli~ce Energy, the City retained a . large portion of the invoice. The vendor assured the City that the items were backordered due to the previous demand created by Y2K, and that the materials would be delivered and installed on the unit as soon as they arrived. - - . As of July, the unit remained without all of the components. Frustrated, Alliance Energy Systems was contacted on July 14th and.instructed to retrieve the unit. . Principals of the firm were invited to a meeting to be conducted on July 17th to discuss immediate resolution of the account. On July 17th, the principals of the firm did commit to an immediate response. Stage one would be that the unit would be shipped out immediately after the meeting, to another supplier, to have two out of the three available cable sets installed. As promised, the unit was shipped out and returned this date with the necessary appurtenances to power the City's lift stations and a_single well system. Stage two will be that theunit will once again be shipped out in approximately one week to complete the necessary installation of the remaining cable set to the unit. . During that meeting it was aI.so discussed that the City of Shorewood is due compensation for the lost time and performance associated with this purchase. It was agreed that Alliance Energy Systems would bear the "lions share" of retrofitting the generator. and cabinet for sound attenuation, if the City opted to have the unit retrofitted. A specific design and cost estimate for the retrofit would be available for the Director.ofPublic Work's review by Monday or Tuesday of the week of July 24th. At that time; a cost split could be decided upon to retrofit the unit. . In the interest of time, Staff is seeking authorization for the negotiated expenditure. Based upon previous bids examined, it is anticipated that the total cost of sound attenuation may cost in excess of $10,000. In the interest of insuring the vendor keeps the momentum that has been generated, Staffis seeking approval for authorization to negotiate the expenditure with the vendor for an amount to the . City not to exceed $4,000. If acceptable, the expenditure would be funded from the Sanitary Sewer Fund, in accordance to the original purchase. Staff is recommending approval of the motion which authorizes the expenditure of funds to retrofit the City's generator for sound attenuation not to exceed $4,000. , . 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 JY July 19, 2000 FROM: . DATE: RE: A Motion to Adopt a Resolution Awarding Contracts for Snow Plows, Dump Box and Hydraulic Systems for Snow Plow Vehicle. The City of Shorewood has received the cab and chassis for the new snow plow vehicle. The next step is to add the dump box, snow plow, wing plow, hydraulic systems and safety lighting systems. As reported in previous reports, obtaining ail of the components for a plow vehicle is one of the more drawn out procedures that exist. 1. The first proposal for equipment is available under the year 2000 State of Minnesota Contract #425125 Release #S863(5) awarded to J-Craft Inc., and will include the furnishing and installation of the dump box, hydraulic systems, wing plow, front plow hitch and safety lighting systems for an amount of $25,858. 2. The second proposal was provided directly from MacQueen Equipment Inc. for the furnishing and instaIlation of the front snowplow and rear sander in the amount of$9,744. n ~J PRINTED ON RECYCLED PAPER r#3e. . Mayor and City Council Award of Contracts Snow Plow Accessories July 20, 2000 . Page 2 of2 The total for both contract awards is $35,602. Adding in the original purchase price of the Cab and Chassis that was purchased previously, the total cost of the truck including taxes equals approximately $96,350.- This exceeds the projected cost in the Capital Improvement Fund of $92,500. However, the 20 year projection for the Equipment Replacement Fund indicates that the fund can adequately support the additional $3,850. Therefore, Staff is recommending approval of the attached resolution which awards the contracts to J-Craft Inc. and to MacQueen Equipment for the amounts listed therein. A Resolution is attached for your consideration. . . , CITY OF SHOREWOOD RESOLUTION NO. 00 -_ A RESOLUTION AWARDING CONTRACTS FOR SNOW PLOWS, DUMP BOX, AND HYDRAULICS FOR SNOW PLOW TRUCK WHEREAS, Minnesota State Statute 471.59 provides means for municipalities to enter into Cooperative Agreements for joint purchases; and WHEREAS, on July 18, 2000, the City of Shore wood entered into a Joint Cooperative Purchasing Venture with the Minnesota Department of Administration; and . WHEREAS, the City of Shore wood obtained copies of Year 2000 Minnesota State Contract #425125 Release #S863(5) for "Snow Plow Truck Bodies and Snow Fighting Equipment" for the furnishing and installation of one snow plow truck body, wing plow, hydraulic systems and safety lighting system; and WHEREAS, the City of Shorewood also sought quotes for the furnishing and installation of one front plow and hitch assembly for said snow plow; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and Acting City Administrator/Clerk are hereby authorized and directed to enter into a contract in the name of the City of Shore wood with J-Craft Inc. for the furnishing and installation of one snow plow truck body, wing plow, hydraulic systems and safety lighting system as specified in Year 2000 Minnesota State Contract #425125 Release #S863(5) attached hereto as "Exhibit A." . 2. That the Mayor and Acting City Administrator/Clerk are hereby authorized and directed to enter into a contract in the name of the City of Shorewood with MacQueen Equipment Inc. for the furnishing and installation of one snow plow and front hitch assembly as outlined in Quote 1000451 dated June 7,2000, attached hereto as "Exhibit B." ADOPTED BY THE CITY COUNCn.. OF THE CITY OFSHOREWOOD this 24th day of July, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR To: 'Larry Brown' CSID: J-CRAFT, Inc . " 712010012:22 PM ~ ....CRAFT, Inc. 70127 - 330. St. lCimb4ll. MN 55353 Ph: 320-398-6122 Fx: 320-398-6123 Toll Free: 800-864-3828 "experts in Contractor , Nulicipal Applications" July 20, 2000 LARRY NICCUM CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331 PH: 612-474-6191 FX: 612-401-1637 RE: 2000 State of MN contract #425125, Release #S863(5) for Snow Plow truck Equipment (Revision #1 ) . Larry, As per our phone conversations, and having reviewed your equipment needs, I have compiled the appropriate pricing sheets conceming the equipment, and the following REVISED summary would apply: 1.0 J-CRAFT 10' WST-XML gravel dump body, running lights, painted, & installed $ 5,841.00 Adjustment + ADD 9'6" long body in lieu of 10' std $no charge 1.4 + ADD Y2 type Weld-on Cabshield $ 290.00 1.6 + ADD Walkrail, full length, both sides $ 195.00 1.7 + ADD Stow-A-Way access ladder, RH frontal area $ 99.00 1.11 + ADD 3-line sander manifold in RH rear slope of rubrail $ 40.00 1.17 + ADD S-10" longsills & JU-50 hoist mount for 6" overhang $ 481.00 1.18 + ADD Aluminum roof mounted light bar, installed $ 237.00 1.20 + ADD Whelen DOT III, sys 102-D-LED strobe package, installed $ 1,915.00 1.28 + ADD Hood mounted snowplow light package, installed $ 530.00 1.29 + ADD (2) Acc'ywork lights (sander & wing) installed @$95.00 ea $ 190.00 1.30 + ADD Electronic backup alarm, installed $ 111.00 . 2.0 J-CRAFT model JU50-DA{C) hoist system package, installed $ 1,810.00 2.1 + ADD Nitrided piston rod in lieu of Chrome standard $ 193.00 4.0 FALLS model TDL-9 direct hyd snow wing, & mtg hdwe, in primer $ 3,836.00 4.1 + ADD Hoses, fittings, installation, & painting of wing $ 1,500.00 4.11 + ADD Hydraulic front post side shift feature (allows full hood opening) $ 312.00 4.12 + ADD Dual Selector valve (push-pull) for side-shift feature $ 71.00 4.13 + ADD Nitro-Cush hyd extendable push-bar in lieu of std spring type $ 756.00 5.0 FALLS model #46-8 snowplow hitch w/mtg hdwe, & S.A.lift cyl, in prime $ 1,107.00 5.1 + ADD Installation of plow hitch, including painting & hoses $ 978.00 8.0 FORCE AMERICA (CessnalGresen) 6 function hyd system components $ 2,745.00 8.1 + ADD Hoses, fittings, oil, mtg brkts, & installation of hyd system $ 2,445.00 8.2 + ADD (1) valve section & control (total of 7) for push-bar S 176.00 Total Package $25,858.00 Prices above DO NOT include applicable State sales tax. This will be added at time of invoice on the applicable products only (INS labor is exempt). Price is also F .O.B. point of service (I E: J-CRAFT, FALLS, etc.) J-CRAFT has quoted a figure of $1.00/mile, for (only) where our drivers will move the chassis (IE: to the various points of services). This charge would include pickup and/or delivery, rust proofing, & Falls. The snawploN & pkMt hitch that you have used in the past is not available from J-CRAFT under the State bid, we only offer the Falls product lines. If you choose different sander unit, you may still supply the unit Exhibit A 10: 'Larry Brown' CSID: J-CRAFT, Inc STATE OF MINNESOTA PRICING PAGE #330/350-1099 Falls model #46-8 Plow Hitch . 5.136 - Falls Model PR1255 rev plow w/spring trips & push unit Add 5.137 - Falls Model TER-11 sect trip edge rev plow & push unit Add 5.138 - Falls Model TER-12 sect trip edge rev plow & push unit Add 5.139 - H.D. slotted trip mechanism in lieu of trip moldboard Add 5.140 - Level lift assembly (recommended on rev plows) Add 5.141 - Rubber snow flap %" x 12" & mounting hardware, installed Add 5.142 - High Visibility flourescent end markers (pr) shipped loose Add 5.143 - DELETE std screw adj shoes from snowplow DEDUCT 5.144 - Poly Snow Wheels IN LIEU OF skid shoes (One-Way plows) Add 5.145 - Poly Snow Wheels IN LIEU OF skid shoes (Rev plows) Add 5.146 - Cylindrical Curb shoe (Each) Add 5.147 - 7 ga moldboard in lieu of 10 ga standard Add 5.148 - Parking Stand (useful when shoes are deleted) Add 5.149 - Paint ONE-WAY plow, if not purchased with hitch install Add 5.150 - Paint REVERSIBLE plow, if not purchased with hitch install Add 5.151 - Paint Colors or Types other than standard Add 5.152 - 100% "sealed" moldboard in lieu of standard Add . 712010012:22 PM (Continued) $4,445.00 $4,263.00 $4,374.00 $ 169.00 $ 85.00 $ 174.00 $ 36.00/Pair $( 285.00) $1,480.00 $2,080.00 $ 58.00 $ 120.00 $ 116.00 $ 174.00 $ 205.00 $Quote on Request $ 178.00 5.20 - Cost per loaded mile for pickup and/or delivery of vehicle Price $1.00/mile NOTE: If combined with another major component, Only charges for total miles of transportation will be incurred (applicable sa/es tax nollncluded In priess) Vendor: Contact Person: Address: J..CRAFT, Inc. Tim Erickson 70127 - 330th Street Kimball, MN 55353 800-864--3828 320.398-6123 timerick@hutchtel.net Phone #: Fax #: E-Mail Address: Page 4 of 4 ~ ... .",1 ::tn nn 1::t,n~p ...~ ORDER: MAC QUEEN EQUIPMENT, INC. 595 AlDINE ST. ST. PAUL MM, 55104 651-645-5726 WATTS 1-800-832-6417 FAX 651-645-6668 QUOTE DATE: 06/07/00 ORDER DATE: QUOTE 1# 1000451 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHIP TO: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD MN 55331 SHOREWOOD MN 55331 custo..er P.O.: Custo..er Phone: 612-474-3236 TERMS: NET 30 SALES REP.:GAGE, DAN ==================================..============--=-=========================== QTY. DESCRIPTION EACH EXTENDED PRICE 1.00 *WAUSAU HSP4212 POLY TE 1.00 *ELKIN TAILGATE SANDER 2100 6,494.00 3,250.00 6,494.00 3,250.00 . PACKAGE INCLUDES THE FOLLOWING WAUSAU HSP4212 POLY REVERSIBLE PLOW TO FIT PIN STYLE FALLS HITCH ELKIN 2100 SERIES SANDER MOUNTED ON CITY TRUCK . ===_:S==_-==_=..=====-====-as=-=8=------==-=S-::==S==========-==--=-=========== -IL~ 9,744.00 SELLER ~ We reserve the right to change prices without notice. The price in fec~ at ti.e of order will prevail, nothwlthstanding the prices shown herein Sales tax and F.E.T. will be added unless tax exempt certificate is pro~ided. Exhibit B , . To: 'Larry Brown' CSID: J-CRAFT, Inc 712010012:22 PM CONT. to me, and we can install & plumb it accordingly to the prices listed above. Please review the attached pricing pages and this summary for accuracy of the equipment/options that you are looking for. There are many more options to consider, other than what I have listed, so if you have any questions, please contact me directly at our offices (800-864-3828) -or- if I am out of the office, contact me via my mobile number (320-894-6603). Thanks again for your inquiry, and I look forward to working with youl Sincerely. T~EE~ Timothy E. Erickson Municipal Sales . Accepted by: Date: . Page 2 of 4 To: 'Larry Brown' CSID: J-CRAFT, Inc STATE OF MINNESOTA PRICING PAGE #330/350-1099 5.0 - Front hitch, Make & Model: Falls model #46-8 (Falls RPB) Lift cylinder description: Single acting 4" x 10- stroke Truck frame mounting requirements: 18" to 24" integral frame extension Warranty: 12 months from "In-Service" date 5.1 - Installation of front hitch (Includes painting of hitch, hoses, fittings, fasteners & labor) 5.2 . V-Plow ears added to hitch 5.6 - 20 series in lieu of 40 series (no wing post mtg plates) 5.8 - Spring return kit (for S.A. lift cylinders only) 5.9 - Double acting cylinder in lieu of SA 5.10 - Application for truck frame wider than 34" (Mack) 5.11 - Application for truck frame HIGHER than 40" (Mack) 5.121 - Falls Model 311 plow w/rigid tilt bars & push unit 5.122 - Falls Model 311 H plow w/rigid tilt bars & push unit 5.123 - Falls Model 312 plow w/rigid tilt bars & push unit 5.124 - Falls Model 411 plow w/rigid tilt bars & push unit 5.125 - Falls Model 411H plow w/rigid tilt bars & push unit 5.126 - H.D. Coil spring trip tilt bars in lieu of rigid bars 5.127 - H.D. Slotted trip mechanism in lieu of rigid bars 5.128 - H.D. (sectional) Trip Edge in lieu of rigid bars 5.129 - Hyd moldboard tilt (Replaces tilt bars or spring trips) 5.130 - Falls Model 311 R rev plow w/spring trips & push unit 5.131 - Falls Model 311 HR rev plow w/spring trips & push unit 5.132 - Falls Model 312R rev plow wisp ring trips & push unit 5.133 - Falls Model PR1143 rev plow w/spring trips & push unit 5.134 - Falls Model PR1243 rev plow w/spring trips & push unit 5.135 - Falls Model PR1155 rev plow w/spring trips & push unit Page 3 of 4 Price $1.107.00 Price $ 978.00 Add $ 34.00 Deduct $( 103.00) Add $ 50.00 Add $ NO CHARGE Add $ 178.00 Add $ 400.00 Add $3,049.00 Add $3,089.00 Add $3,316.00 Add $3,885.00 Add $4,014.00 Add $ 427.00 Add $ 596.00 Add $ 832.00 Add $ 436.00 Add $4,183.00 Add $4,294.00 Add $4,498.00 Add $4,098.00 Add $4,258.00 Add $4,285.00 ~ 7/20100 12:22 PM . . City of Shorewood PARTY REGISTRATION AND PERMIT Pursuant to Chapter 505 of the Municipal Code application for a party is made as follows: Party to be Registered: Any person or persons sponsoring a party at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance shall, prior thereto. register such party with the City Clerk, giving the location, date, time. purpose, names of all sponsors and the number of persons it is anticipated will be in attendance. Permit for Additional Parties: Within a period of six (6) months following such party, no additional party or parties, at which it may reasonably be anticipated that there will be more than seventy five (75) persons in attendance. shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefor approved by the City Council. Application for such permit shall be made to the CityOerk. . Party Location: -:)0 DC> L ,^r~~\or~(.r ~_ Number of Persons (anticipated) to Attend: (;, 0-7S- Purpose: -:;0 W\ Me..;- f1zc.~.{ Sponsor's Name(s): SL6 -n- Zzr-4../ ( Special Parking or Safety Provisions: C i \ \ - ).(,7 - ~ r II ? ~I- k:; A.~ I..\) I \ l )of' C \()~Y' IIV'CV\~\-D.€-~_ Prohibitions: . a. No person shall. between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. Date of Party: -7 jqJ / CO Time: .I : 00 7m - 7 f'(~ . b. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating the disturbance. (Old 101,8-14-78) Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates, other ~an the owners or tenants of a dwelling unit, to immediately disperse . from sai~ party in lieu 1 ~~ under this Chapter. (1987 Code) Applicant's Slgnaturevt t ~ )0 Date: 7ft"! 100 -----------------------------------For Offtce UH Omy....------------...----------.. SLMPSD: Fire Marshal: City Registration: Additional Requirements: Date: Date: Date: Original: Copy to: City of Shorewood South Lake MinnetoDka Public Safety Department Applicant ::tf3F . . MEMORANDUM TO: FROM: DATE: RE: FILE NO. 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 Park Commission Brad Nielsen 10 July 2000 Code Amendment Establishing User Fees Municipal Code (Chapter 902) Enclosed are two drafts of a proposed Code amendment establishing user fees for sports organizations. Additions have been shown in italics and deletions have been shown in strikcotlts Cc: Mayor and City Council Tim Keane n " . PRINTED ON RECYCLED PAPER ... jI: 56 . CITY OF SHOREWOOD ORDINANCE NO. . AN ORDINANCE AMENDING CHAPTERS 902 AND 1301 OF THE SHOREWOOD CITY CODE REGARDING USE OF RECREATIONAL FACILITIES BY ATHLETIC ASSOCIATIONS AND FEES ASSOCIATED THEREWITH THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Section 902.06 Subd. 3 is hereby amended to read: Subd. 3. Fees: The City Council is authorized to determine an appropriate fee to be charged for exclusive use, which fees shall be used solely for development and maintenance of th~arkS and recreational facilities of the City. All nonprofit an sports organizations within the MiIlnCtonka School Distrkt #' 6 Me GXGmpt iron} theSG feGS bttt maJ be ~kcd by rite PMk Con1miss1on to donaoc an appIopflatc tm'lOtlnt that make exclusive use of recreationa[facilities in Shorewood shall pay a fee as specified in Chapter 1301 of this Code to compensate for their exclusive use of these recreational facilities. Section 2. Section 1301.02 Schedule A is hereby amended to include: Park & Recreation Use Fees Organized Sports Participant 902.06.3 5.00 per participantlyear . Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 24th day of July. 2000. WOODY LOVE, MAYOR BRADLEY J. NIELSEN, ACTING ADMINISTRATOR , , . . CITY OF SHOREWOOD PLANNING COMMISSION MINUTES TUESDAY, JUNE 6,2000 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES DRAFT CALL TO ORDER Chair Bailey called the meeting to order at 7:06 P.M. Absent: Commissioner Rosenberger (Arrived later) Present: Chair Bailey, Commissioners Anderson, Turgeon, Woodruff, Callies, and Boehm; Planning Director Nielsen; Council Liaison Lizee APPROVAL OF MINUTES Two corrections were made: Page 2, paragraph 6, sentence 1; Change to "Chair Bailey asked for clarification regarding the purpose of a needs study as one had previously been done and demand for senior housing units have been strong while no change in demographic profile has occurred." Page 3, Item 4, Sentence 2; Change to "Further study sessions are expected to include discussion on a study of garbage collection." Turgeon moved, Boehm seconded to approve the Minutes of the May 16, 2000 Planning Commission meeting as amended. Motion carried 5/0/1 with Callies abstaining. 1. PUBLIC HEARING - PRELIMINARY PLAT. SMITHTOWN WOODS Applicant: Location: Brian Ohland, Clinton Carlson 25865/25895 Smithtown Road Chair Bailey explained the procedures for public hearings. Planning Director Nielsen reviewed the staff reports included for this property, which contains almost four acres and is zoned R-IC, Single-Family Residential. He explained that the applicants propose to combine two properties and create six plats (including the two existing homes). It was noted that the City has approved this request on two previous occasions. In the past, there have been discussions about the angle in which the street intersects Smithtown Road. There will be some adjustments in the final plat to accommodate any such requirements. Also, since the last approval, the City has adopted its Tree Preservation and Reforestation Policy and City water is now available from Smith town Road. In addition to recommendations in the previous staff reports, Nielsen said approval should be subject to five items (which are outlined in his memo of June 1,2000). He also pointed out that Watershed District rules do not require a N.U.R.P. pond or rate retention pond. However, Shorewood's requirements for water runoff would call for a rate retention pond. Nielsen stated that the lots have odd configurations, but are still able to accommodate single family residential homes. The rec()mmendations included in the previous staff reports are still considered valid. PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 2 In addition to those recommendations, any approval of this plat should be subject to five conditions, which are outlined in Nielsen's memo of June 1,2000. Engineer Brown also commented on a change since the previous approval. Watermain is now available to the site and staff is recommending a Watermain be run through the cuI de sac. The applicants were invited to comment and they declined. The public was then invited to comment. Karen Anderson, 25920 Smithtown Road stated that her driveway is at the intersection of the proposed road. She asked about easement for a future trail, and if the development allows room to add one along Smithtown. She was also concerned about the average resulting lot size, which seems small after allowing for roadway, a pond, and possibly a trail as well. She would recommend fewer lots. She also commented that she hopes there will not be a streetlight at the end of the road, saying she prefers being able to view the night sky. . Pat Olsen, 25775 Smithtown Road said her concern is the water drainage. There is already a known problem with standing water on her property and she is wondering how much more that will push water onto her property. Brown explained that the City's Stormwater Management Plan requires a pond (dry or wet) for the development, which will help to keep the water runoff rate from increasing. Ms. Olsen asked if the plan to come down there with watermain would mean the City would not go through Eureka Way for watermain. Brown stated that Eureka easements have been difficult process. At some point it's feasible that the Smithtown Meadows cuI de sac would require water there, but it's too soon to commit to either. . Craig Anderson, 25920 Smithtown Road said he is concerned about the angle of the intersection and would prefer to see the final design before it is approved-in order to see the width of the road and the angle of the road. He also said that there was at one time, talk of a connection to the LRT trail to go through that property. His concern is the level of traffic on Smithtown Road, and stated that consideration should be given to pedestrian traffic along there. Other details he wanted to know were; road alignment and the direction of headlights shining in his house or his neighbor's house, plans to buffer that problem, and sizes of the proposed homes. Nielsen explained that the applicant has not indicated and not required to submit information on sizes or styles of homes. They will be single family residential and would be a step down from the houses in Smithtown Meadows because of smaller lot sizes. The applicants stated they plan on homes to be around the $350,000 range and 3,000 to 4,000 square feet. Mr. Anderson asked if there would be more opportunities in the process where residents can comment. Nielsen explained that this is the preliminary plat public hearing. There will be a fmal plat and public hearing with the City Council. Anderson said it is hard to come up with questions without knowing more information. Nielsen said that plans have been available to view at City Hall since the public hearing notices were mailed. There were further questions about building sizes and plans. Nielsen distributed his copy of drawings of the proposed lot divisions. There were no other comments and the public hearing was closed. PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 3 Commissioner Anderson thanked the public for their helpful comments. He asked staff if runoff calculations have been done to be sure there are no drainage issues. Brown explained that the applicant is required to provide erosion control plans. The City has stated that they do require that the pre- development and post-development drainage be the same. For this site, there is substantial information to indicate that it meets requirements. Anderson asked if storm sewer exists for the site area. Brown said there is minor storm sewer in Smithtown Road, which is to be upgraded when the road is improved in the future. Anderson asked about the property's closeness to possible light rail transit route in the future. Nielsen said it meets the standard that has been established, but not it has not been discussed. Brown stated that the applicant for the Smithtown Meadows development had obtained a permit from the Hennepin County Regional Rail Authority to encroach on the 100-foot right-of-way. These lots do not encroach on LRT right-of-way. Anderson said he likes the idea of a walking trail through this site. Nielsen suggested that the right-of- way and a trail be required at the time of development. . Commissioner Turgeon said she worries that a trail could cause a lot of traffic through these people's yards. She would rather have a wood chip trail so not to draw traffic through the neighborhood. Resident Karen Anderson said the point is to keep pedestrians and bikers off the roadway. Turgeon said she knows how residents feel about a trail on Smithtown and would like to divert traffic in the best possible way. Turgeon asked if a trail would be in the same area as the watermain. Brown said would fall under the same easement. He would also recommend it be gravel or paved. If the surface is wood chipped, it may not be an obvious trail and would eventually become a flower garden. Nielsen showed the current routes to access the LRT trail from Smithtown Road, stating that a trail through his property would save some distance through Smithtown traffic. He also agreed on the use of pavement or crushed rock, adding that there is the disadvantage of noise with rock. He suggested the issue be referred to the Park Commission before final approval. . Turgeon asked about plans for the existing garage. Nielsen said it could be moved or removed. Brown added that one of the recommendations was that the two existing driveways be directed to the new street. Turgeon asked if there is a plan for a monument or signage at the entry. Nielsen said this project does not qualify for a monument sign. Turgeon asked about a possible street light. Brown said the applicant has not requested it. When asked of his intention, the applicant said this is the first time it has come up. He said if neighbors want it, they will put one up; and if not, they won't. Nielsen said the City's policy is to consider residents' requests. People would have input at that time and the residents who live there ultimately have the right to apply. Commissioner Callies commented about the trail design, saying it would seem appropriate for the Park Commission to look at that. Commissioner Boehm added that the trail idea is an excellent one, especially in view of the traffic along Smithtown. His other concern is the two existing driveways, but it will be part of the final design that those driveways must feed into the new street rather than Smithtown. Chair Bailey noted that such a requirement is not stated in the staff recommendations. PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 4 Woodruff also agreed that a trail sounds like a good idea. She asked about trees on the site. Nielsen said those will have to be replaced according to the formula in the City's policy. Bailey raised the question of headlights shining in houses directly across Smithtown from the neighborhood entrance. He asked if that is something the City would try to do something about. Nielsen said they have not in the past required landscaping. They will look at it in the final road design, though it is not required. Anderson asked if there were a future trail was along Smithtown on this side of the road, would there be room to allow for it. Nielsen referred to Exhibit C that shows that the proposed right-of-way is adequate for the location of a trail. The proposed ponding is out of that right-of-way area. Anderson asked if city water hook-up will be required. Nielsen said the development has to put in water, but hook-up is not required. The fee is paid, so there is really no need to put in a well. Anderson asked about the size of the cui de sac. Brown said it meets current design standards. . Woodruff asked if this third application requires the input of a tree arborist-to comply with the City's revised tree preservation. Nielsen said yes it does. Anderson moved that the Planning Commission accept the preliminary plat with staff recommendations as noted in the current and subsequent recommendations made on previous plats to include the addition of a trail right-of-way to access the LRT trail, with the Park Commission to determine its composition. Woodruff seconded. There was discussion as to what parts of the trail decision should be forwarded to the Park Commission. Commissioner Boehm agreed with the motion as stated in reference to the trial, but noted it is missing staff recommendations with regard to the driveway changes. It was determined that the issues of the driveways and watermain are in the Engineer's Report. The motion passed 5/1 with Turgeon opposed. 2. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT. . Applicant: Location: Robert Cunningham 22375 Murray Street Planning Director Nielsen gave an overview of the applicant's project, explaining that the proposed garage addition would bring the total accessory space to 1968 square feet, which is over the 1200 sq. feet allowed by City Code. He showed on a map that the property (zoned R-IC) is quite a bit larger than the minimum lot size requirement. The applicant proposes to eventually convert the existing garage area to living space. Nielsen reviewed the criteria for granting a Conditional Use Permit. He also noted that with a lot of this size, grading and drainage are not an issue. Based on the criteria, staff recommends approval of the C.U.P. The final approval would appear on the June 12 Council agenda. The applicant commented that the landscaping is in disarray and this is not the final condition that he plans to keep it in. He offered to answer any questions. The Public was invited to comment. There were no comments and the public hearing was closed. . . PLANNING COMMISSION MINUTES JUNE 6,2000 - PAGE 5 The Commissioners did not have any questions or concerns about the project. Callies moved, Boehm seconded to recommend approval of the C.U.P. Chair Bailey asked about plans for the existing garage. The applicant said that he does not intend to keep it as a garage. Nielsen stated that the applicant would be required to convert it to living space. Bailey asked for a friendly amendment to add that as a condition to the C.U.P. The Motion was revised to recommend approval of the C.U.P. with the condition that the existing attached garage must be converted to living space. The motion passed 6/0. 3. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT. Applicant: Location: Steve & Ann Anderson, Keith Waters and Associates 5695 Merry Lane Planning Director Nielsen explained that the developer of Christmas Lake Shores, Keith Waters is representing the applicant. The request to add storage space under the garage area would result in 2084 square feet of accessory space. The footprint of building does not change at all from the original plan. The property is zoned R-1A and is subject to shoreline requirements. Nielsen reviewed the four conditions that must be met in allowing a C.U.P., stating that the proposal does comply. Based on those criteria, staff recommends approval of the C.U.P. The applicant's representative was invited to comment. Mr. Waters had nothing to add and offered to answer questions related to the project. Commissioner Rosenberger arrived. City Engineer, Larry Brown commented that the landscape plan in exhibit G does show a gravel driveway. It is recommended that there be a separation of 15 feet from curb to driveway to allow a vehicle to pull out from that area on to the driveway before entering Mary Lane. Mr. Waters explained that the driveway is designed for a trailer to be able to back out of there. Brown said that the purpose is to ensure that any vehicle entering there would be aligned correctly upon entering the public roadway. It was agreed that this issue could be worked out as part of the final building plan review. The Public was invited to comment. There were no comments and the public hearing was closed. Commissioner Turgeon asked about the hard cover ratio. Nielsen said this plan is well under the maximum allowed of 25%. Mr. Waters said the hard cover ratio is approximately 13%. Callies moved, Anderson seconded to recommend approval of the C.U.P. Turgeon asked if the driveway access issue would be added later. The Motion was revised to recommend approval of the C.U.P. with the condition that staff is to work out a proper driveway configuration with architect. The motion was unanimously approved as amended. PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 6 4. FINAL PLAT REVIEW - SEAMANS ESTATES Applicant: Location: Kim Koehnen Seamans Drive Nielsen explained that this issue is back for review due to a drainage issue. There have been two changes from the preliminary plans. The number of lots proposed has been reduced from 5 to 4, meaning that any future division of the double lot will not be a simple subdivision. The other change is that the neighbor's driveway encroaches on Ms. Koehnen's property and so she has agreed to convey Outlot A to the neighbor. Nielsen said the ponding requirement is the remaining issue. Engineer Brown said the only condition he has attached is that the applicant's engineer resolve issues with regard to on-site retention, in order to meet the pre-development runoff rate. . Commissioner Anderson asked if there have been runoff calculations and asked why a pond is not on this plan. Brown said this is a very straightforward plat. The Watershed District indicates that erosion control measures are met, but in this case their requirements do not call for a pond. According to Shorewood's Storm Water Management Plan, we require that stormwater retention does occur. Brown added that there is ample room for a pond on many of the lots. However, if the applicant would choose to do a wet pond, they would be looking at additional easements. He is recommending a rate control pond be included, which mayor may not be a wet pond. Commissioner Anderson said he is uncomfortable with recommending approval without the ponding area more well defined. Nielsen stated that ponding will be in northeast corner of the plat. Brown commented that the bottom line is that staff felt this is a fairly simple plat and he questioned if the issue at this point is to determine location of plat. He added that, as part of building permits being issued, the applicant must meet the pre-defined requirements. In this case, each lot is to be custom-graded and the developer will have to satisfy requirements of onsite ponding . Commissioner Callies asked why the final plat is not being reviewed when all of those details are completed. Brown explained that this is unique because there is ample room and it is not an automatic requirement that all this be provided at the time of plat application. In this case, drainage does not require constraints on the plat. Anderson pointed out that a neighbor has given testimony that he already gets runoff from this site. Nielsen said that is one reason that staff recommends a rate runoff pond. Anderson said he would like to see where that water is going. When we receive public testimony, drainage is always an issue. Nielsen suggested including in the Development Agreement that there will be a pond and that the final plan will be routed back to the Planning Commission for informational purposes. Commissioner Woodruff said she would like to see that. The applicant, Kim Koehnen addressed the Commission saying that this was her grandparent's property and she bought to keep it in the family. She had wanted to do a simple subdivision and was told that she would need to plat all 5 lots. She has been trying to meet with the City and to address every requirement , so she was surprised to see that she now needs to provide a drainage and grading plan. She asked for the City's recommendation for a pond, and so far has heard that there will be some kind of ditch. She is not sure how that will work and said she is open to suggestions. PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 7 Brown clarified that the applicant's engineer has submitted a plan according to Watershed District requirements. The City still contends that a pond is required and staff has not received calculations they would consider acceptable. However, because staff feels there is ample room, it is something that can be worked out. It is a point of ongoing discussion. Commissioner Anderson told the applicant that stormwater runoff affects the entire system and the City just wants to make sure this subdivision will not create added problems. Anderson moved to direct staff to work with the developer on their drainage plan to create a plan that is acceptable to the City and that staff report to the Planning Commission on what that final plan is. Motion was seconded by Rosenberger. Motion passed 7/0. Ms. Koehnen clarified that she is not just letting the neighbor have the land (as was implied at the start of this discussion). Both parties are working it out between themselves. Rosenberger said he commends her for that. 5. SIMPLE SUBDIVISION/LOT LINE REARRANGEMENT . Applicant: Location: Carl Zinn 5820 Ridge Road Planning Director Nielsen stated that this is truly a simple subdivision. The applicant has purchased property next to his lot in order to resolve a setback problem. The amount of land being exchanged is 1740 square feet. There is intention to eventually remove the house on the adjacent property (Sparber's). At that time, nonconforming structures would be brought into conformity. Both lots will still meet or exceed the minimum width and area requirements of the R-1AlS zoning district. Approval of the proposed lot line rearrangement is recommended. Dave Gilmore, representative for the applicant, had no further comments. . Commissioner Anderson pointed out that Ridge Road is a private road and in the past the City has tried to find ways to resolve traffic and parking problems where possible, when changes are made to adjoining properties. He asked if there is anything that can be done in this situation to require parking or turnaround spaces. Nielsen explained that this case is different because and access is off of a separate branch from Ridge Road. Commissioner Turgeon asked if the proposed lot line is straight because it appears to have a slight bend according to the drawing. Nielsen said that it is slightly bent, however it is a very gradual change and it works well with the topography of the site. Anderson moved, Boehm seconded to approve the request per staff recommendations. The motion was approved 7/0. 6. SIMPLE SUBDIVISION Applicant: Location: Kirk Dickey, Ted Bigos 3221 State Highway 7 Planning Director Nielsen explained that a sliver of land from this parcel falls. within the City of Shorewood and the County of Hennepin. Some time ago, the Bigos' had conveyed the property to combine with this lot, when in fact they had intended to convey only a portion of the property. The request is that the parcel in Shorewood be divided in two and those two pieces be connected to the . . PLANNING COMMISSION MINUTES JUNE 6, 2000 - PAGE 8 adjoining lots to the south in Chanhassen. Staff highly recommends approval of a simple subdivision and combination, subject to the requirement for a covenant recorded against those parcels that it will not be sold separately from its adjoining parcel in Chanhassen. Commissioner Callies asked why this is a matter for the Planning Commission. Nielsen explained that the City would not want a vacant sliver of land out there by itself. Callies asked if Carver County or the City of Chanhassen has to agree. A representative of the applicants, John Ehlers explained that this has been done already by Carver County in 1963, but for some reason was not recorded for Hennepin County. Commissioner Anderson asked if there are any plans to look at closure of the driveway access as part of the State Highway 7 improvements. Brown said that when the State determines an access should be closed, there is impact to the property and the owner will be compensated. Anderson asked if it is it unreasonable to ask at this time that the access be changed to Barberry Circle. Nielsen said the property has been treated as Chanhassen. Also, if access closure were required as part of this subdivision, it would include compensation from the City of Shorewood. Turgeon moved to approve the simple subdivision for Kirk Dickey and Ted Bigos subject to staff recommendation that a covenant be recorded with the parcel, and that these parcels will not be sold separately from the adjoining parcels in Chanhassen. Rosenberger seconded. The motion was approved 7/0. 7. MATTERS FROM THE FLOOR There were none. 8. DRAFT NEXT MEETING AGENDA There are two public hearings in the near future. Plus, there are plans to consider two ordinance changes; senior housing and accessory space. The Commission will also be discussing the issue of trash removal and reviewing their priority list. Engineer Brown added that a possible agenda item for the future might be the Freeman Park accesses closure. Callies asked about the topic of changes to the County Road 19 intersection. Nielsen said the City is trying to schedule a meeting with the Tonka Bay City Council. It was agreed that the Planning Commission would hold the public hearings on Tuesday, July 11 and go over the proposed text of amendments in Study Session on Tuesday, July 18. There will not be a second meeting in June. Commissioner Turgeon will attend the June City Council meetings. 9. REPORTS Commissioner Woodruff reported on the Land Conservation and Environment Committee meeting. She said that Mayor Love attended and they primarily worked to prioritize their "To Do" list. . PLANNING COMMISSION MIN1)TES JUNE 6, 2000 - PAGE 9 Chair Bailey attended the May 22 Council meeting and reported that the Council approved the Country Club Meadows final plat. The issue of road realignment was resolved. Brown added that the matter of water was also discussed. The developer claims that he will extend water down the street, but wants to leave the option open for individuals to punch a well. Bailey also reported that the Park Commission is trying to save the skateboard park idea. They are meeting on Tuesday, June 13. 10. ADJOURNMENT Olson moved, Woodruff seconded, adjourning the meeting at 9:24 P.M. Motion passed 7/0. RESPECTFULLYSUBMUTTED, Connie Bastyr Recording Secretary . . . .~ . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 11 JULY 2000 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER DRAFT Chair Bailey called the meeting to order at 7:00 P.M. Present: Chair Bailey; Commissioners Anderson, Bailey, Boehm, Turgeon, and Woodroff(arrival 7:05 P.M.); Planning Director Nielsen; Council Liaison Lizee(arrival 7:03 P.M.); and Engineer Brown Absent: None APPROVAL OF MUNUTES Anderson moved, Boehm seconded, tabling the June 6, 2000, Planning Commission Meeting Minutes to the July 18, 2000, Planning Commission Meeting. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING - C.U.P. FOR FILL IN EXCESS OF 100 CUBIC YARDS AND C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT Aoolicant: Jim & Tracy Akins Location: 27820 Island View Road Chair Bailey reviewed the procedure utilized in the Public Hearing process. Director Nielsen and Engineer Brown provided overviews of past history surrounding this property. . Of particular note, the City Council voted approval of the vacation of the drainage/utility easement contingent upon a sanitary sewer main be constructed and the appropriate drainage and utility easements be put back over the new main. As a result of this approval, the number of cubic yards required is substantially less than what was originally submitted. Council Liaison Lizee arrived at 7:03 P.M. Director Nielsen explained the grading plan and noted flexibility should be utilized when considering the number of cubic yards needed to be placed over the new sewer main. He also stated he believed this plan benefits the adjoining neighbors from a design standpoint. Further, he stated whenever a plan like this is reviewed there is concern for anticipated drainage within and surrounding the property. Commissioner Woodruff arrived at 7:05 P.M. Engineer Brown complimented the developer's engineer for ensuring the drainage was maintained in around the house and side yards. Director Nielsen also noted the landscaping plan goes far beyond what the ordinance would require on this site. Both Director Nielsen and Engineer Brown recommended approval of this plan. The Public Hearing was opened at 7:10 P.M. PLANNING COMMISSION MINUTES JULY 11, 2000 - PAGE 2 Mr. Larry Reid, 27780 Island View Road, addressed the Commission regarding this matter. He expressed concern with the drainage and elevation along the shared lot line. He suggested the possibility of using a catch basin to enhance a drain tile project he had undertaken with another neighbor. He also expressed an interest in working with Mr. Akins to remedy any drainage and landscaping concerns. Engineer Brown encouraged all three neighbors to work together to address any drainage in that area as they were all in attendance this evening, and he was certain the proposed plan would work. Chair Bailey closed the Public Hearing at 7:21 P.M. Commissioner Callies asked Mr. Akins about prior history of the purchased home and lot. Mr. Akins explained there was a basement with water problems. Mr. Steingus, builder for Mr. Akins, explained they were trying to improve the grade of the lot in an effort to channel the water to the lake and without the additional fill he would not be able to build a useable basement for Mr. Akins on this lot. . Commissioner Anderson questioned Engineer Bro",n if runoff calculations had been completed. Engineer Brown responded the site meets standard criteria as well as handling and channeling the water to the lake in a worst case scenario such as a "superstorm." Commissioner Anderson also asked if Island View Road had stormsewers. Engineer Brown explained this road is a private road, and he found it encouraging to hear the neighbors are considering working together to address drainage concerns. Commissioner Anderson questioned whether concern was needed with the sanitary sewer line below or near lake level. Engineer Brown responded that is always a concern in this area and provided history on the sewer lines in this area of Shorewood, noting materials now are substantially improved from when first installed in the early 1970's. Commissioner Turgeon commented on the significant tree loss, problems on site currently needing to be remedied to expedite the process, such as fencing incorrectly placed, and also concern about a masonry fence being located close to the property line. . Anderson moved, Callies seconded, Approving a C.U.P. for Fill in Excess of 100 Cubic Yards and C.U.P. for Accessory Space over 1200 Square Feet with staff recommendations for Jim & Tracy Akins,_27820 Island View Road. Motion passed 7/0. 2. 7:15 P.M. PUBLIC HEARING ii TO CONSIDER AN AMENDMENT TO THE SHOREWOOD ZONING CODE REGARDING CONDITIONAL USE PERMITS FOR ACCESSORY SPACE OVER 1200 SO. FT. Director Nielsen reviewed purpose in considering these amendments and provided history from previous study sessions. To be considered was an addition of text to the Zoning Code under section 1201.03 Subd. 1.1, Section m. as follows: m. Existing nonconforming accessory structures shall be removed or brought into conformity with this Code, as required in Section 1201.03 Subd. 2.d(4)(c), or in instances where the grossjIoor area of the principal structure is being increased by.fifty percent (50%) or greater. PLANNING COMMISSION MINUTES JULY 11,2000- PAGE 3 Also under consideration was the following addition of text shown in italics. This is an addition to Section 1201.03 Subd. 2.f, Section C. C. In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site drainage, and landscaping. As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this Code. Chair Bailey opened the public hearing at 7:47 P.M. Mr. Bill Smith, 5770 Grant Lorenz Road, expressed concern about the potential for problems with property line rearrangements where accessory structures become non-conforming as a result of the realignment. Director Nielsen explained that typically lot lines are not allowed to be moved if it would make an accessory structure non-conforming. He also noted there are ways to handle a situation such as this through a variance procedure or by proving hardship. . The public testimony was closed at 7:53 P.M. Commissioner Callies stated she believed people would find it difficult to prove hardship in these instances. She also questioned the rationale for changing the ordinance when someone is remodeling their home. Commissioner Anderson clarified the issue by comparing it to a blank lot. An owner would then be subject to ordinances, so if the house is torn down, the owner essentially created a blank lot and is now subject to ordinances of conformity. Further, if people chose to do a significant remodeling in the past, they were not subject to bringing accessory structures into conformity, where as this amendment would require it. . Chair Bailey strongly supported this change as he believed it made sense, and it helps to find a way to clean-up nonconforming properties just as owners building from scratch would have to do. He also commented that perhaps the fifty percent was too high in percentage. He believed the fifty percent came from a discussion of market value and then was translated into square footage. He wondered if it should be lower as people, in some cases, could build a large addition to the home and still not have reached fifty percent of previous square footage. Callies moved Rosenberger seconded, Approval of an Amendment to the Shorewood Zoning Code Regarding Conditional Use Permits for Accessory Space over 1200 Square Feet._ Motion passed 6/1, with Boehm dissenting. Commissioner Boehm stated his opposition in that a point of mandate takes away flexibility in the standard. 3. 7:30 P.M. PUBLIC HEARING ii TO CONSIDER AN AMENDMENT TO THE SHOREWOOD ZONING CODE PROPOSING REDUCED DENSITY FOR SENIOR HOUSING PROJECTS Director Nielsen again provided background from previous study sessions on this amendment. He stated it was considered in an effort to make density requirements proportional. Chair Bailey opened the Public Hearing at 8:10 P.M. PLANNING COMMISSION MINU1ES JULY 11,2000 - PAGE 4 No one chose to speak on this matter, and thus, the Public Hearing was closed at 8: 11 P.M. Commissioner Rosenberger stated he was adamantly opposed to this amendment change. Commissioner Woodruff stated she thought this was more a practical matter than anything else was. Chair Bailey commented he was convinced by previous discussions this is a practical matter. In a R1 C district, eight units per acre do not work comfortably. Commissioner Callies stated she did not agree with this change, as she believed there should be many kinds of home being made available in the City. Anderson moved, Woodruff seconded, Approving an Amendment to the Shorewood Zoning Code Proposing Reduced Density for Senior Housing Projects. . Commissioner Rosenberger commented that practicality will dictate what can be built. He stated there was an effort ten years ago to make it as affordable as possible to live in Shorewood, and he believed this would diminish those efforts. Motion carried 4/3, with Boehm, Callies, and Rosenberger dissenting. Commissioner Boehm stated he didn't seem to make a difference in terms of practicality. However, it did seem to him as though a message that could be construed as being reflective of the community was being sent, and he did not want to send that message. Chair Bailey reminded the next Commission Liaison to share the sentiments of all Commissioners regarding these amendments with Council at the next Regular City Council Meeting. 4. MATTERS FROM THE FLOOR . Mr. Bill Smith, also questioned where the number of 1200 Square feet came from when discussing Accessory Space issues. Director Nielsen provided a brief history, from 1973 to present, explaining the perceived need to regulate houses and accessory spaces in an effort to provide proportional areas on home sites. He also explained there are tools existing to allow nonconformity on lots, such as proof of hardship and conditional use. permits which can exist under or contingent to certain conditions. 5. DRAFT NEXT MEETING AGENDA There are approximately five items slated for the next Planning Commission Meeting ofJuly 18,2000. 6. REPORTS Commissioner Anderson reported on matters considered and actions taken at the July 10, 2000, Regular City Council Meeting (as detailed in the minutes of that meeting). There is a joint meeting scheduled between the Councils of Tonka Bay and Shorewood to discuss the County Road 19 Intersection Project on July 25,2000, at the Southshore Community Center at 6:30 P.M. h PLANNING COMMISSION MINUTES JULY 11,2000 - PAGE 5 Commissioner Boehm will be Commission Liaison for the July 24, 2000, Regular City Council Meeting. Commissioners were reminded to bring calendars to the next Planning Commission Meeting to schedule the August Liaison positions. Commissioner Woodruff stated she would be Liaison for the month of September. The Planning Commission will review the annual "To Do" List at an August Study Session. Director Nielsen commented he believed the Commission was making good progress on this list. 7. ADJOURNMENT Callies moved, Anderson seconded, adjourning the meeting at 8:53 P.M. Motion passed 7/0. RESPECTFULLYSUBNOTTED, Sally Keefe, Recording Secretary . Woody Love, Mayor Bradley J. Nielsen, Acting City Administrator . . ,. . . ~ CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 18 JULY 2000 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES ..~.~-_.-._._'':' ......... -- CALL TO ORDER DRAFT Chair Bailey called the meeting to order at 7:00.P.M. A. Roll Call Present: Chair Bailey; Commissioners Anderson, Rosenberger, Turgeon, and Woodruff; Planning Director Nielsen; and Council Liaison Lizee Absent: Commissioners Boehm and Callies APPROVAL OF MINUTES Turgeon moved, Anderson seconded, approving the June 6, 2000, Planning Commission Minutes as amended on Page 9, Item 10, change "Olson" to "Anderson." Motion passed 5/0. Turgeon moved, Anderson seconded, approving the July 11, 2000, Planning Commission Minutes as amended on Page 4, Paragraph 7, change "as affordable as possible" to "as affordable for seniors as possible" and Paragraph 9, change "he didn't seem" to "the change didn't seem" and in Paragraph 9, Sentence 2, change "reflective of the community was being" to "reflective of the community values was being." Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING - CUP: TELECOMMUNICATIONS FACILITIES Applicant: Metricom, Inc. Location:5500 Old Market Road Chair Bailey reviewed procedures utilized in a public hearing. Director Nielsen explained history surrounding this matter. He noted the request from Metricom was for space on the water tower at the height of 75 feet and for an equipment platform and cabinet on site. Director Nielsen commented both land use and code requirements had been met by Metricom. Garrett Lysiak, the City's Telecommunications Consultant, was in attendance and provided a brief report of his findings related to this matter. Most importantly, he noted this request would make maximum usage of the "vertical real estate" present on the Southeast water tower. He explained this system is a low power system not regulated by the FCC, and could co-locate with another system that was FCC regulated. He did, however, note the radio boxes to help transmit signals needed to be located within six feet of the antennas. Both antennas and radio boxes are to be mounted on the exterior of the water tower. Engineer Brown was in attendance and concurred with the above reports subject to the following conditions. I. As part of the building permit application, the applicant shall be required to furnish the City with the following items: . . Planning Commission Meeting July 18, 2000 - Page 2 of 6 A. The applicant shall provide structural calculations as performed by a Registered Professional Engineer by the State of Minnesota for the proposed mountings and antenna panels. Calculations shall demonstrate that the proposed structure shall meet or exceed a 100-mph wind loading with the appropriate gust factors applied. The applicant shall note that this requirement differs from the Uniform Building Code requirements. B. The applicant shall enter into a lease agreement with the City for locating telecommunications equipment on the water tower located at 5500 Old Market Road. C. The applicant shall provided the City of Shorewood with a letter of credit in the amount of $5,000 (over and above any other amounts for landscaping and site restoration) to insure proper mounting of the antennas with restoration of the water tower structure. 2. The applicant's contractor and all subcontractors shall attend a preconstruction conference with the City Engineer prior to the commencement of any construction. Director Nielsen also provided a number of conditions relevant to the approval of the conditional use permit being requested. Approval was recommended subject to the following conditions being met: A. The recommendations of the City Engineer with respect to structural and operational issues. B. The recommendations of the City Telecommunications Consultant. C. The applicant must enter into the City's lease agreement including provisions for annual monitoring. D. Prior to any construction, the applicant must provide bids for the proposed landscaping, from which bids a letter of credit, one and one-half times the amount of the landscaping will be required. The L.O.C. must extend for two growing seasons. If construction is to take place this year, required landscaping must be in place before the end of the growing season. E. Prior to any construction the City Engineer will require an additional letter of credit or cash escrow relative to work being done on public property and to the tower itself. Steve Carlson, Real Estate Broker for Metricom, was in attendance and offered to answer any questions the Planning Commission had this evening. Chair Bailey opened and closed the Public Hearing at 7:23 P.M. as there was no one present wishing to address this issue before the Planning Commission. Commissioner Anderson questioned whether the City was required to allow Metricom space on the water tower if they were not regulated by the FCC. Director Nielsen and Mr. Lysiak both responded that seemed to be a matter of legality and better answered by Attorney Keane, however, Director Nielsen stated he would add a provision to the lease agreement to allow co-location of another system. Commissioner Rosenberger asked about responsibility of liability regarding this system, as in damage from a storm. Engineer Brown explained that in the situation of a storm, the lease agrement provides the City . . ". Planning Commission Meeting July 18, 2000 - Page 3 of 6 with "carte blanche" to remedy the situation for public safety. Commissioner Rosenberger also stated he would like to see a condition of financial assurance for removal of the system in the event the system is obsolete or terminated. Commissioner Woodruff asked if the tower would be full if another system was co-located with the Metricom system. Engineer Brown responded affirmatively. The Commission then asked many questions related to the obligation by the City under the Telecommunications Act. Director Nielsen explained this Act to Commission. Mr. Lysiak also reminded the Commission this request makes good use of the existing space on the tower and not to utilize the space would mean a loss in revenue for the City. Steve Carlson then reminded the Commission that Metricom had met all of the code requirements. He also noted the question of "What if...?" could be applied to many situations and asked the Commission to think about the proposal that was before them this evening. Chair Bailey expressed his opinion that the space was available, and he believed it to be attained on a "first come, first served" basis. Further, he believed this to be a good use of this space on the'tower. Regarding the matter of the financial assurance, he believed it may be worth looking at as part of the ordinance process, but did not see relevance in attaching it to this permit. Turgeon moved, Woodruff seconded, Approving a Conditional Use Permit for Telecommuncations Facilities, subject to staff recommendations, at the Southeast Water Tower Site for Metricom, Inc. at 5500 Old Market Road. Motion passed 3/2, with Anderson and Rosenberger dissenting. Commissioner Rosenberger commented he saw no reason why the matter of financial assurance could not be attached to this permit. Commissioner Anderson commented he believed the Planning Commission was a planning body of government and as such, needed to plan for the future in the event all providers would come and need to have service in this area in order to make their systems work. Commissioner Rosenberger also concurred with Commissioner Anderson's beliefs. 2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT Aoolicant: Tom & Pam Zachman Location:4960 Shady Island Circle Director Nielsen provided history regarding this matter. Mr. Tom Zachman, owner, was in attendance and asked the Commission about moving a rock wall made of boulders. Director Nielsen explained the wall can be moved, but must remain on the property and cannot be located in the right-of-way area on the property. Chair Bailey opened and closed the Public Hearing at 8:11 P.M. as there was no one present wishing to address this issue before the Planning Commission. Commissioner Anderson asked Mr. Zachman what the intended use was for the new garage. Mr. Zachman stated it was for accessory items currently on his property, such as a boat. .. Planning Commission Meeting July 18, 2000 - Page 4 of 6 Anderson moved, Rosenberger seconded, Approving A Conditional Use Permit for Accessory Space Over 1200 Square Feet for Tom and Pam Zachman, 4960 Shady Island Circle. Motion passed 5/0. 3. 7:30 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT Applicant: Robert & Jean Weiss Location:6175 Lake Virginia Drive Director Nielsen again provided history relating to this matter. Chair Bailey opened and closed the Public Hearing at 8:25 P.M. as there was no one present wishing to address this issue before the Planning Commission. Commissioner Anderson asked the intended use for the accessory space, and Director Nielsen responded he believed it to be used for storage space for a lawn tractor and possibly a boat. Commissioner Woodruff asked if there was any significant tree loss needed as a result of construction. Director Nielsen replied there was virtually none. . Turgeon moved, Woodruff seconded, Approving A Conditional Use Permit for Accessory Space Over 1200 Square Feet for Robert and Jean Weiss, 6175 Lake Virginia Drive. Motion passed 5/0. 4. 7:45 P.M. PUBLIC HEARING - VARIANCE FOR BLUFF SETBACK Applicant: Greg & Molly Swirtz Location:6090 Ridge Road Director Nielsen provided detailed history and analysis regarding this matter. He explained the Swirtzes looked at demolishing the house and decided to pursue a significant remodeling project in the past. They requested the variance to construct a cantilevered deck over the existing bluff on this site. The impervious surface on the lot is just under 18%, including the proposed deck. The applicant's plan for the deck would not alter the essential character of the neighborhood, and the size of the deck is considered minimal. A request for a condition added to the variance by the City was suggested in that the deck may only be as deep as structurally allowed (approximately ten feet), or whatever can be structurally engineered for the . cantilever, whichever is least. Mr. Greg Swirtz, owner, was in attendance and stated he had signed letters from the neighbors stating there was no opposition to the construction of this deck. He also noted there would not be any excavation into the bluff required as part of this project. Chair Bailey opened and closed the Public Hearing at 8:37 P.M. as there was no one present wishing to address this issue before the Planning Commission. Commissioner Turgeon stated that although she often would have trouble finding hardship in wanting to add a deck, the applicant had done a wonderful job of working with the difficult topography on this site. Also, she had visited the site and noted if there were any other space to add the deck other than over the bluff, she was certain it would have been requested. Commissioner Rosenberger asked Mr. Swirtz if any erosion control measures had been taken on this property. Mr. Swirtz noted he had added rocks on the lakeside, and the foundation had been in existence for approximately eighty years so he did see any other areas to put the deck. . . Planning COmlIlission Meeting July 18, 2000 - Page 5 of 6 Chair Bailey stated it was surprising to him this request was not part of the significant remodeling process requested a year ago. Mr. Swirtz responded the hillside lift had not been put in at that time, and he did not know what it would be like to live in the house as that was not his residence at that time. Anderson moved, Turgeon seconded, Approval of the Variance for a Bluff Setback for Greg and Molly Swim, 6090 Ridge Road. Motion passed 3/111, with Bailey dissenting and Rosenberger abstaining. Chair Bailey stated he was not supportive as he did not see it as a hardship for living on this property. Commissioner Rosenberger abstained because he was not sure it was a hardship issue as someone had lived on this site for approximately eighty years without a deck such as this one. Also, he was not able to view the property to understand the merits of the request. 5. SIMPLE SUBDIVISION/COMBINATION - LOT LINE REARRANGEMENT Applicant: Herbert Margolis Location:28045 Boulder Bridge Drive Director Nielsen explained background and purpose for this request. Mr. Herbert Margolis was in attendance and stated his reasoning for the request. He stated he would like to even out the lot lines in an effort to utilize the space in his yard for plantings and possibly a storage facili~ at some later date. Chair Bailey asked what issues should be considered in examining lot line rearrangements. Director Nielsen stated there were several issues, such as affecting the buildability of the lot, setback conformance, space dropping below zoning standards, as well as how the rearrangement might adversely affect others' ability to add on to their property. Turgeon moved, Anderson seconded, Approval of a Simple Subdivision/Combination-Lot Line Rearrangement for Herbert Margolis, 28045 Boulder Bridge Drive. Motion passed 5/0. 6. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 7. DRAFT NEXT MEETING AGENDA There will be two meetings of the Planning Commission in August~the 1st, and 15th. The August 1, 2000, meeting includes three items and a prioritization of the "To Do" List. ... Planning Commission Meeting July 18, 2000 - Page 6 of 6 8. REPORTS Commissioner Turgeon stated the Fireman's Fundraising Dance would be held on Friday, July 21,2000, in Excelsior. Also, a Joint Meeting between the Councils of Tonka Bay and Shorewood has been scheduled for July 25, 2000. The Lake Minnetonka Conservation District plans to meet on July 26, 2000, to discuss the Shorewood Yacht Club matter as well as other issues. Chair Bailey will be the Council Liaison for the August 14, 2000, Regular City Council Meeting, and Commissioner Turgeon will be Council Liaison for the August 28, 2000, Regular City Council Meeting. 9. ADJOURNMENT Rosenberger moved, Woodruff seconded, adjourning the July 18, 2000, Planning Commission Meeting at 9:25 P.M. Motion passed 5/0. . RESPECTFULL Y 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: 6 July 2000 RE: Akins, Jim - Conditional Use Permit for Fill in Excess of 100 Cubic Yards FILE NO.: 405 (00.19) BACKGROUND Mr. Jim Akins owns the property at 27820 Island View Road (see Site Location map- Exhibit A, attached). The existing home on the property was recently demolished in order for the applicant to build a new home on the site, as shown on Exhibit B. The site plan for the new home involves bringing in approximately 270 cubic yards of fill, which requires a conditionall!se permit, pursuant to Section 1201.03 Subd.8. of the Shorewood Zoning Code. The property is zoned R-IA1S, Single-Family ResidentiallShoreland, and contains approximately 66,184 square feet of area. The property drops off somewhat dramatically from Island View Road, which is a private street. As can be seen on Exhibit B, the applicant proposes to build a house with an attached garage, a swimming pool on the lake side of the house and a grass surface tennis court on the south end of the lot. The site plan is substantially affected by the location of an existing sanitary sewer line that cuts through the northerly half of the lot. Mr. Akins proposes to relocate the sewer as shown on Exhibit C, attached. That request has been scheduled for review by the City Council on 10 July 2000. n ~J PRINTED ON RECYCLED PAPER -#-Lo~ Memorandum Re: Akins C.U.P. 6 July 2000 It should be mentioned that the public hearing notice for this request initially included a hearing for a conditional use permit for accessory space in excess of 1200 square feet. Since then, the plans for the home have been redesigned, eliminating the need for that C.U.P. ANAL YSISIRECOMMENDATION In making this application the applicant's desire is to keep the lowest level of the home above the flood protection level and create a reasonable slope on the driveway. Even with the amount of fill being proposed the driveway is at eight percent. It should be understood that this request involves primarily engineering issues. The relocation of the sanitary sewer and site drainage being key. The City Engineer's comments will be presented under separate cover. . From a planning perspective, assuming the issue of site drainage can be satisfactorily resolved, the proposed plan has merit. It is worth noting that an earlier site plan had the home on the south side of the existing sewer easement, with the pool on the lake side of the easement. That plan would have required approximately 1200 cubic yards of fill. If the sewer relocation can be made to work, it results in the house and pool being pulled further from the lake, minimizing any disruptions of lake views for the homes on either side of the subject property, and requires less than 300 cubic yards of fill. . The applicant's plans shows that seven significant trees will be removed from the site. Based upon the size of the site, ten replacement trees will be required. The applicant's landscape plan (see Exhibit D) shows 21 very large replacement trees, not including numerous ornamental and fruit trees. The landscape plan must be considered conceptual as of this writing, since it is based upon the previous site plan. The revised landscape plan should include tree preservation measures for the trees on the site to be saved. It should also show the size. of proposed deciduous trees, which must be at least three caliper inches. Assuming that the relocation of the sanitary sewer is acceptable to the City Engineer, and that he can determine that a positive flow of drainage can be created around the proposed home, it is recommended that the conditional use permit be approved, subject to the applicant revising the landscape plan as noted above. Cc: Larry Brown . Tim Keane Jim Akins DaveSteingas -2- . ~~ ^ r:JA/I~F~ ~;:::1 w /1//1 II ~~ I I I RD \ ~ . N _~f% ): 00 -V,J/ -~~ SUbjeaprope~ r1~S: : : ( ~~ \ ..::~:~:~:l::. ~o t1.ci,... \ \~,." r. . .L=:J"~ .... .~.\ - ~\ttl ~~!1( ~ 0 0 0 ";' V ; N \ r r Jr; o' 0 0 0 0 8 /I f f-J ii' R[ \ \l ~ ,,0 0 0 0 ( '{ : \ \ ~.:;~ LM.~POINTEC~RT -~ tJ , Ii KA Brty PI. 1 . r ... ~ ~ n~~\V i~ 0 () 0 on /'i \oeJ JI;z ~ ;~. V' / /L ----i ~~?-: __~. ~... _ '/L ~ J '=' ~ \.-'- '/1 - / ( ~ !19 f-/'" ... ~~"'Y~ t--- /I /.~. J ... f..--r '" "< J1 ~ l. ....\ - . 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'll;;ovc.\tt'ct 'll',.... o~'ifl , ~vt' / I I , +<'~ .' . .. . . ....: \~ ~~~ ~ .;, \.~\ \\\ \.\ . of 'V. ~ eS\ c:o......e-;.o. 839 \ SO.')\l't'" .,,'. ~.L.S, --- ,r''''oC: ____ --- ____ ..' \S\.J.NO . ~..;.:~.:~.r::. \ .' . . ....: '0 ....: ':' :. :-,'; /01 0I"5b '. :. .... ..... ,.../ ...0 .01 ,0- . . . . / . ... .... .0 .'1. OJ '0:: . \" >,., r __ "'7"S1 \(;./ . 1'/ ___ \-- --- --- :::~t ---L II V fE.W ==91.82 mea ~. -~ \...::::::'Y I l1==25' 26' 21 P., r...--- 1_ ~ R=206.81~ -- ..- ,,~'J...:;:/" \ l~QI <11 1'1.", '-,---- .f'.....~~....,~ ,-.If=:l..,.b5 p'"'' ." .. 'flI,....'flIfl{l"" I -""__l=26.'2' ~vt'O" l=26.15 ....nrl ", NS I hereby certify that this plan under my supervision and th t was prepared duly Reaj5tl!r~d Prn(~<<;-=innnl Fann', om 0 .. In....,. Ilnrf.., ( Exhibit B SITE/GRADING PLAN ANTfTfES AND SCHOEU & Pi .J.-A ~IL / / / ---- -------- , '-Eor,[ or VAlt" ~ NORTH No+ +u ~l~ ~.,,'1. S€\.-../-er'" ~+;o f'\ - - -- - ~.:- ---- - ~ - y- - ;;-- _. - - ~- - ........-: .Y" . ...~." --- ~~S~~o'" ''', _'~..,. ...,C>~\lC>....~"c,t . ~,. ~~~ ~ · ~\''''\l''O~ , ~o~ v;(. :\' '\ to "'\",.\ ";. o~-::. \ <>".. 'V. / ./ /' ./ .- ---;./ ~-/ \>, \ \ . ; QUANTITIES 650 C.y. 860 c.y. 1 600 ~ Y 1840 c.y. n ehflor""rl . "nrl 13.-"....1./_ d"y ..I 20 cO , ~- REVISIONS REVISION IISED EART~ OUANTlTlES AND -- / I \ , \ ../ \. /\ / /~<.~ ./ ,- ( ''f:, , .... ~;. (jl ~. '~tr u:> /' ~ 'r' , <.~ ~ . Ot<'ifl ,v.<; \~Q'" ....... ", , .... .... QuG ~C- . ,.. ",II ~ \~ "'".... O~\>. , eOu" ...... , , " , . ..... ....... '.. . ..... , '. . . : , ' . '. 00.... , . ..,~ ~- ...... '.. " :,0:.:. . .' , .......: : .... /' ..- ~o ,0, .1- OJ , .. ...... ~. . ~ .~::~J.::..:..... ~ ~..--- ,. ("449 :-"...atllMII O.l~\ 7go}7~J,.-;.r~.~;~ ~ '" <1\.~ ~'''.76 ~ eM ==91 82 me~~~ - ~ ,..-~ I VIEW .1==2..5'26'2~\ .,..t I R=206. 81 '- ''''____ I \ I -<H. Q I I'l' n '. . _ "" __ ...1 -.. . ___.. /f=""5.b~ pill ...- "",'J~ I ....t:}'o G"" \ · f'. 'fl1'\01l {It<Cl . . C 'flI'~,.o,.1fI ExhIbIt EWER RELOCATON ~ PROPOSEDS ...I!f' ofa3Q ____ -t co"'s. 1"0. .",,,,eS. ~.L. ____ so'-" .", 0 \r,...oc-t ---- \S\.J.N --- \----- --- . this plan was prepared I hereby certIfy ~h?tn and that I om 0 under my superv'Slo . of I='nn;n"""",. ..nnpf" dufv Reoislered Prn(,,~~,nn I --- -~-~~:-;::~ '::I:~-:~~::~>---- ... . /./_~ - "'''' -,-.....,. --- '-."'--'-/ 1 jif" ,.'0, '-', ________ - :-_.-~'=--'~~.~-;:;;;>- i oc;~';'~~~"::-_"'. --........ - - . ..-----= - -- l' ~~..... _ ,'__. ~---~-- '~, " ' ", -,'. \ ....... - -'- ,~. " 8(,\ 801 li~ ' -{~ ~ IJ . '- . -- - \ \ \ , \ I , !---- I I I I , , , I _-1 / , f ;--',; I, i I * I .~ I ! Ii I / I .------.. '--....-. i (, /' , , -,+~--. ''I rtillll ,/,l ~I Ii ii' I ~f ~ I I ill 'I~ " 1111 1 I II' j ! if l~ ~ II if i/i,I,. I I~! / III . r) 'I!fft 'ii! f I 8 ~ ! I () III 13 r ! , ! i'l i >'1' I . II I I II; Exhibit D ~ I' III/ :! ~1. if III LANDSCAPE PLAN il I~ I' ! ~IJ ' . ! I ..., q I ~I lit I " j f Revision Required ~, GO'I'';;': -- --~ ~. ~." \WI - - Wid ed8Qapu8'1 AltVNlN13Ud ---=--~--'-- -w~~~ ~:::~- ~~':..:a== ;:::"3::.,::..':. ....., --- ---=--.----- - -....--- -~::_---:--- -. ---~ -'iic>c>-~ ""Otf _'T ....... inStil U01l8.lodro:> "lfd8~ p~ ~-:-__.~-- - --- Q. ".....~":"~.~.," \ "'""'~t~...... ~ ~ \~~ I I I I \ I, , " I \. ".' : L...k~ ...::. ~~'\'FQ)~ . _.:--)':~)'~'/\"'J;' . '-" ---:-:. -. JOJ_../'r, .. _. . - - . ~~~~::._- (i}.T )) ") :;No, " "'" ., '_,:F /. ?J-~) < '0: .); ') J )- " ,I (): -"./ l ;.(~.").\ rd:>.-')' );'1)) .. )>'> _..~-~ .}')>., I I) ). . ,y ,,, ,.,. J))C) I j .I.,' } I 'l f ). _~ . .- -- -~,.y' ': "'-- ..-.- . n'r -- r,'.,."..,.... ~. '0;../, <:.1 I I <' '; ,./ t ".'/ .., ~~~;:' tj ~)y. / < _ \~~ --l~~ll ._~ I i ~ ~.~, / -:, ~f- ). ,..j!1 ...(11- ~.. ~ u/'~y "1 9j..} ~,t~ J~_::.' \1~~\ifjT- " \ ") .'f::Jfl/?/- I ~., ; . ., '0;.< '\~.{0/ _- I .' '~.>~u'j.v ...../ .......- '-.~\I '. I' , ( : !<--J """"J ,. #-.~? :, I ,'/- I " I " , i, "'a h,. . a '-'. '. ~~'f':~'!/ I :"~':"'::.:-:...~. ;'::O::~::.::j;~~-.==~ .-...~ '"n''''' . . . ... . ... . ~.u-hl""--'l ~ I I / 0f".'-~~.. '_V-~'~~l' \ ..,.. -.. r~~J\) ", f V>) "-l"j.,/P .............. .. ,," ..,~;.,.~ -""'!'~~'1'~ /-~.. .,.~; ~~ :t-.. ~._, ~ "'it;.~ _,{of " I I . : ! ..' 1 c. ") "'. --- -' . -------- !'-~ , "-, '. ---._---_.~......,..~._. - '-- '----7 ", CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR JIM AKINS ~\\t\t1 WHEREAS, Jim Akins (Applicant) is the owner of real property located at 27820 Island View Road. in the City of Shorewood, County of Hennepin, legally described as: "Lots 11 and 12, Auditor's Subdivision No. 367 Hennepin County, Minnesota."; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to place approximately 300 cubic yards of fill to raise the elevation of the lot for a new home on the above-referenced property; and . WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in excess of 100 cubic yards; and WHEREAS, the Applicant's request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Mayor and City Council, dated 6 July 2000, which memorandum is on fIle at City Hall; and WHEREAS, the Applicant's request was reviewed by the City Engineer and his recommendations were duly set forth in a memorandum to the Mayor and City Council, dated 11 July 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 11 July 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 24 July 2000, at which time the Planner's memorandum. the Engineer'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 proposed filling is necessary to elevate the proposed house in order to maintain positive drainage around the proposed house and to minimize the grade on the proposed driveway for the property. I \' 2. That the area of fin shall be limited to that which is shown on Exhibit A, attached hereto and made a part hereof, except that the City Engineer may require some additional fill in order to provide adequate frost protection for the sanitary sewer. CONCLUSION 1. That the application of Jim Akins for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. The building pennit for the swimming pool will not be issued until such time as the relocated sewer line has been installed, tested and approved. b. The applicant must provide a deed for the new easement for the relocated sewer, which deed must be recorded prior to construction of the proposed swimming pool on the property. . c. That finish grading should result in slopes no steeper than 3:1. d. That fmal grading shall be subject to approval by the City Engineer. f. That the applicant shall provide short-term and long-term erosion control per the recommendation of the City Engineer. 3. That the Acting City Administrator/OerIe is hereby authorized and directed to provide a certified copy of this Resolution for fIling with the Hennepin County Recorder or Registrar of Titles. . ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 24th day of July, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -2- 4k.~ . ------- ......~-27: ....---,--- '-fa II' ....t:. - / . NORTH N~ -h ~I- / oI-J'1 j, S~"-er"" ~+;Of\. / / - / / / - ~; -JI'<fJ..~'" ~':-...- yo;:'''' ,,"".;:."- ;-"- <" ~dJ ",,- ~",\'" ~~ "'~. - .. - -- . -.- - ~. --- - '..' - -- .v ____ _ -, - - ..J.-- -' - - , - .;...- /' /" ---= /' - /" ~/" \>, \ \, . ~,>,;?t;^~..~"Y _ /" ~~j~~\ '/ /" - /" /" . '\ , '- /\ ". "" . / .J / / +'. / \ Ii' \~ ~~. 10'" ~~. .~~ \ ~ \~ / I I , \ . ='. ::": .'. " . .. 0-": ':'c,," ":" ;... .. sO,,1t'l .......~\1I0" .. f1, p.OuG toC< ....,.. ~ f~ - I~ +,,, .." '::~'; 5S0 c.y, 860 C.y. 1600 O:'Y 1840r..y. \ \~\ 1, ( :.>:, OJ' \' o ' ;:. , 0;.. ... .,. \\ ~1. . 0 ~\~\ .... " "i::> ,.,. 0,<1' QUAHTTTles ..0:.:." 0/ .,.~' Otto :....:. "0: "0 :..~.;~..: ." 0, ,. cor""'" or8'3~ , sQVtl"..~::. Iv.,S, NO- ,r1,.oc t ~,:/". eft..".."'....... ""rl ...r-LI~_ .1..., .t' r.20~, -....cA \ ';'~?:i:..,C:r \-- -- -.:::r..__t REVISIONS ~SION ;~o ~RT_H OUANTlTIE:S AND I hereby certify tnot this Ion ;:'der mr Supe,..,ision and Pthot 7" prepared u/v Reolsterl!rl Prnf......'nnn' F'n ' om 0 . n.tt_.,. I Inri.' Exhibit A Proposed Grading Plan I . . ... 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: 12 July 2000 RE: Metricom - Conditional Use Permit for Telecommunications Facilities at Southeast Area Water Tower Site FILE NO.: 405(00.06) BACKGROUND In May of this year the City Council authorized Metricom, Inc. to make an application for a conditional use permit to locate telecommunications facilities at 5500 Old Market Road (see Site Location map - Exhibit A, attached). The property is the site of Shorewood's Southeast Area water tower. Metricom proposes to erect telecommunications antennae around the stem of the water tower and place a small equipment cabinet at the base of the tower. The property in question is zoned R-lA, Single-family Residential. The site measures 200' x 200' and contains 40,000 square feet of area. The proposed antennae will be located around the stem of the water tower, approximately 76 feet high (see Elevation Drawing - Exhibit B). The equipment cabinet platform is considerably smaller than that of AT&T or Sprint. As shown on Exhibit C, the ground equipment will occupy an area only 10' x 10' on the south end of the site, behind the AT&T building. The applicant's request is described in a letter, dated 4 May 2000 (see Exhibit D). A public hearing is scheduled for Tuesday, 18 July 2000. Staff has requested Garrett Lysiak, the City's telecommunications consultant, to be there to answer technical questions. He will report on this application under separate cover. n ~J PRINTED ON RECYCLloD PAPER =It ~13> Memorandum Re: Metricom Conditional Use Permit 12 July 2000 ISSUES AND ANALYSIS Telecommunications facilities are governed by the Telecommunications Act of 1995. Shorewood has adopted its local regulations consistent with Federal requirements. These are found in Section 1201.03 Subd. 21 of the City Code. A. Land Use. For the most part, telecommunications facilities have been limited to commercial zoning districts within the city, although the Code does allow the use of public property for this purpose by conditional use permit. While the Code states that there is no obligation on the part of the City to sell or lease public property to telecommunications carriers, the Planning Commission had at one time recommended existing tower facilities (i.e. City water towers) be used first before constructing additional freestanding towers. . B. Code Requirements. Much of the current Code is intended to address new, freestanding tower sites. Several provisions, however, are relevant to location of facilities on existing towers: 1. Finish. The proposed antennae must be finished to match the color of the existing water tower. 2. Proposed Ground Facilities. The applicant proposes to erect an equipment platform within a 10' x 10' fenced enclosure south of the AT&T equipment shelter. Although it would seem better screened if it were tucked in behind the Sprint equipment enclosure, the site drops off in that location and three very nice evergreens would have to be removed to place the equipment there. The proposed location can be very effectively screened from view. . 3. Fencing. As shown on Exhibit B, the applicant proposes to enclose the equipment platform area with a chain link fence. The plans do not indicate how high the fence will be or whether barbed wire security strands will be included. It is assumed, however, that the fence will be similar to those that are currently on the site. 4. Landscaping. Given the small size of the proposed equipment, the existing landscaping on the property should be sufficient to screen it from view. It may be necessary to remove one spruce tree in order to get the equipment and fence in place. It is recommended that this tree be replaced by an 8-10' spruce. 5. Stealth. As difficult as it can be to disguise antenna facilities, locating them on existing towers or water towers is undoubtedly less visually obtrusive than building new freestanding towers. As evidenced by the facilities located at the southeast area water tower, the ground facilities can be screened from view quite effecti vel y. -2- . Memorandum Re: Metricom Conditional Use Permit 12 July 2000 6. Evaluation and Monitoring. Our current code requirements provide for initial and ongoing monitoring of FCC radiation emission requirements. The City's telecommunications consultant will address emissions in a separate report. Any future lease agreements between telecommunications carriers and the City will provide for annual monitoring and, if necessary, testing. 7. Engineering. The City Engineer will address structural concerns and issues related to the use of the water tower under separate cover. RECOMMENDATION Any approval of this conditional use permit should be subject to the following: a. The recommendations of the City Engineer with respect to structural and operational issues. The recommendations of the City's Telecommunications Consultant. The applicant must enter into the City's lease agreement including provisions for annual monitoring. Prior to any construction the applicant must provide bids for the proposed landscaping, from which bids a letter of credit, one and one-half times the amount of the landscaping will be required. The L.O.c. must extend for two growing seasons. If construction is to take place this year, required landscaping must be in place before the end of the growing season. Prior to any construction the City Engineer will require an additional letter of credit or cash escrow relative to the work being done on public property and to the tower itself. b. c. d. e. . If you have any questions relative to this matter, please do not hesitate to contact me prior to the 7 March meeting. Cc: Larry Brown Tim Keane Garrett L ysiak Steve Carlson -3- <( 200 0 200 400 600 Feet I Exhibit A SITE LOCATION Metricom C. U.P. i ~ ~ I j ~ i JI' ~ i I ~ B ~ I; I I I . ~i ~~ t. I~ l!;~ <!"'. I I I i =-m ==\N ~ ~ I .~ i I i-t ~ ;-f. I ;1 ..... ...... ...... ...... :)___ ______ ~ M!?~~!,!~~)__'_ ~ I I I 1- ~~ ~~ .1l-.9l , I I I I I I I I I I I I I I I I I I I I [81 I I I I I I I I - ~ .0-.88 (:J) .0-,88 !~I ~~ fiS il!i ~S~ ~I ~ IE ~ ~i. . z o ~ ~ -< > ~ ~ ~ ~ ~ ~ o z ~ o I:Q~ ~ :E~ <( ._-< 7 ~ ~~ w ~ Z <( ~ ~ ~ o /? ~ i . ~ ~: .:? 2,;::!i~ ,,--.r...,.-.,._, I /' ~ ~ ../..r...,. ,,It Jit.....~-- _,... '''',,",~~ClI'''' .JO"''''----w ,..,..... ..- r 3 ..r.'~6g N .' . Clno~ ~31 '1M '. I , 1 ,.,tw~...-.r " I _WIt s..::!:' ';"tf"~,.~ ~'Z-' I H.LHON . N'Vld 31lS NOI1'Vll'Vl.SNI ~3M01 ~31'VM aOOM3~OHS a3S0dO~d ":>NI 'WO:>I~13W l, . .........- !<J /--= ...0-.' . .1lI1 (D NV1d 3.115 ...."""""'.. """""""""'" ---- '7),)(lc;ot ~ ~~~oJ~ /=""":'" -, -----________ ....--............ ....__ . /~ S3"1aW:I. ----------~--..>::::::::'" -- ..................... .........- ............... Ab" ',.l"" , "0 ~ 'q \ \ ....,.,,'" \ ,- .......... \ . . z -< U~ .....~ ~~ ><~ ~HI:) DCl:I ~us:o ........." .-."'"""'" ,$L1<% fi"'OJ- ..J ~+YJ I' '\ Jo CAR.L~ON If A RRINGra N COMMERCIAL REAL ESTATE SERVICES INC. May 4, 2000 Brad Nielsen Planning Director City of Shorewood 5755 County Club Road Shorewood, MN 55331 Dear Mr. Nelson: I am writing on behalf of my client, Metricom, and their desire to lease space and to obtain a conditional use permit for such installation on the City of Shore wood' s Water Tower located at 5500 Old Market Road. . Metricom is in the early stages of developing and deploying a nationwide wireless internet system. This system will allow users throughout the Twin Cities metropolitan area, as well as over 50 metropolitan areas throughout the United States, to achieve high-speed internet connections via a wireless modem. Internet connections speeds of l28K (twice the speed of the fastest analog modem) will be achievable anywhere throughout the seven- county area, whether the user is in her home, office or even sitting on a bus travelling at speeds up to 70 miles per hour. Metricom's system requires antenna sites throughout the service area to send and receive wireless signals handling the necessary internet traffic. Metricom's system eliminates the "last mile" challenge facing other forms of high-speed internet services such as broadband and DSL technologies through the use of wireless technology. Our proposal is to lease space on the City of Shorewood's water tower to mount up to sixteen panel antennas. The antenna panels are roughly 3.5 feet tall by eight inches wide, and can be painted to match the color of the water tank. In addition, small coax cables will connect the antenna panels to our electronic equipment to process the signals. The coax cables are no larger than TV coax cables found in your home. One of the benefits of Metricom's technology over other wireless carriers is its limited equipment space requirements. The equipment that handles this inremet traffic is contained in a weatherproof cabinet roughly the size of a refrigerator. We are planning to locate this cabinet in a hidden location at the southern portion of this property as shown in the attached site plan herein. . Our proposal is to co-locate wireless antenna equipment on the existing Shorewood water tower at the previously mentioned address. Per Shorewood's Telecommunications Towers and Facilities Ordinance, we believe our request compliments the intent of this code which promotes and encourages co-location of telecommunication equipment on existing structures. We also believe our request will comply with all general city codes such as building setbacks, and construction code requirements. Enclosed is an application for conditional use permit for this development, along with a site plan indicating the location of our cabinet and an elevation plan indicating placement of Metricom's antenna panels on the water tower. I will be forwarding a photo simulation indicating the finished look of our proposed installation in the next few days. Please feel free to call me with any questions or concerns at 65 1-690-3705. Sincerely, ~ Steve Carlson Exhibit D APPLICANT'S REQUEST LETTER Dated 4 May 2000 2077 LINCOLN AVENUE I SAINT PAUL, MN 55105 , TEL . CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD · SH<?REWOOD. MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cl.shorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council Brad Nielsen, Acting City Administrator Lany Brown, Director of Public Works .~ July 17, 2000 FROM: . DATE: RE: Conditional Use Pennit - Metricom. Inc. SE Area Water Tower Metricom Inc. has filed a proposal to place telecommunications facilities at 5500 Old Market Road. This site is the site of the City of Shorewood's Southeast Area Water Tower (refer to Attachment 1 for location map). . The Southeast Area Water Tower is 157 feet in height from the concrete base to the top of the tower. Currently, there are other communication vendors leasing space at the top of the tower, and at 88 feet and 99 feet in height on the stem of the structure. Metricom has proposed to add two rows of panels, (16 in total) spaced radially about the stem of the water tower, at a centerline height of76 feet. Refer to Attachment 2 for the proposed plans. Plans also include the location of a base unit immediately south of the structure for an existing structure placed by AT&T. Plans indicate that "E-radios" will be located within the stem of the water tower. It should be noted that the City does not permit equipment to be located within the interior of the water tower. Location of equipment within the tower obstructs operations that the City of Shorewood routinely performs for maintenance of the interior of the bowl of the structure. As part.ofthe building permit application, the applicant shall be required to furnish the City with the following items: 1. The applicant shall provide structural calculations as performed by a Registered Professional Engineer by the State of Minnesota for the proposed mountings and antenna panels. Calculations shall demonstrate that the proposed structure shall meet or exceed a 100-mph wind loading with the appropriate gust factors applied. The applicant shall note that this requirement differs from the Uniform Building Code Requirements. n ':..1 PRINTED ON RECYCLED PAPER Conditional Use Permit Metricom, Inc. July 17, 2000 Page 2 of2 2. The applicant shall enter into a lease agreement with the City of Shorewood for locating telecommunications equipment on the water tower located at 5500 Old market Road. 3. The applicant shall provide the City of Shorewood with a letter of credit in the amount of $5,000 (over and above any other amounts for landscaping and site restoration) to insure proper mounting of the antennas with restoration of the water tower structure. . The applicant should also note that access to the tower is provided on a 24-hour basis by the City of Shorewood, by use of the Department of Public Works paging system. A key to the tower will not be issued to any vendors. Staff is recommending approval of the CUP for location of telecommunications equipment on the water tower located at 550 Old market Road contingent upon the following conditions. 1. As part of the building permit application, the applicant shall be required to furnish the City with the following items: A. The applicant shall provide structural calculations as performed by a Registered Professional Engineer by the State of Minnesota for the proposed mountings and antenna panels. Calculations shall demonstrate that the proposed structure shall meet or exceed a 100-mph wind loading with the appropriate gust factors applied. The applicant shall note that this requirement differs from the Uniform Building Code Requirements. . B. The applicant shall enter into a lease agreement with the City of Shorewood for locating telecommunications equipment on the water tower located at 5500 Old market Road. C. The applicant shall provide the City of Shorewood with a letter of credit in the amount of $5,000 (over and above any other amounts for landscaping and site restoration) to insure proper mounting of the antennas with restoration of the water tower structure. 2. The applicant's contractor and all subcontractors shall attend a preconstruction conference with the City Engineer prior to the commencement of any construction. ----------- ----- 't/ """'4 ..... :: l:l.l ~ ~ ~ ..... QJ tf o o lO o o 'V o o N o o o N -- ~ ~.)) . . MetricODl@ SEARCH RING: EXCELSIOR tvllN 0025 SHOREWOOD WATER TOWER 5500 OLD MARKET ROAD SHOREWOOD, MN 55331 54' 22.55", LONGITUDE W LATITUDE N 44. ~ ~ ~ . ~ -~~ ! \ VICINITY MAP I :-~-="-.-='':::r~'i.~'''''' " >- :...,=,=......~......__CII....... a t') ='" s ORMNG OlREC11ONS tl> = .... 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IIZ/OO I ~""" r= JIIIII.,.. 1ft ~ - . A__ ... -- AlEC at.....1N1i - WFI 4100 W Tml 5T 8lINA. .... "'32 ("11 131-82" - &. ....=-.,~ 1- ,..... 1- I( ~....-::r'" :I~~- ..._'_:1r~ . _.~""ftC - --- r= OEff J rTl ,~ I'TI IV I NY1d ]!IS ~ .....,- ,.,,,,,, .}U .. 1l~6-ztt (zee) Zt." NPI ~ JS HILL III _ lI.M. ~'~~I II OO/Z/;"'" I ...... ..... .:=..:::. ............- --- ......--:.... -- --- .....o...,~I-= -- .1D03J.IPK ~ ~ ;tJ I .--.. -I I ~.~.r:~~ . I . I . I I I I I I Ie .< I~ I~ I~ .~ 15 I I I I I I I I I I . ~~----. -.,----,,- ,--,-~ ---- - --'--- /:::'"...:.:"'" ---,---- --'- .~ /-_....... .,-----_:-.>-:.:::::-::: - ...... . .1" CD NY1 d UIS - - - - --- .- - \ . ...,.. J,." -- -- -- ~ tvl I -,~ I ,......... ~ NOIl'9'^313 >IN'9'.L 01'f001> '-V -- - ..~dt.. 1-1-1 ...., r- -:~. (ZC~;. zc>cc ... ~ JS lULL III _ UM. ~j lC__ .......... -=-- ....) . I II Ii I II I i I , I . I I I I I i I I I t , , ~ ... _JUS lIO/tIC ~;;tIl,,'~t______ ........,........ t""'_ - -.... f( II -::~_. .... OO/Z/s ,.., ..... -- -...- .............- --- -- --- --- ......,~'= -- .1D03J.IPH ~ ~ ........... -...0 . - . . .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 13 July 2000 RE: Zachman, Tom and Pam - C.U.P, for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (00.17) BACKGROUND . Tom and Pam Zachman have applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 4960 Shady Island Circle (see Site Location map - Exhibit A, attached). The Zachmans propose to build a detached garage as shown on their survey (see Exhibit B). Since the area of the garage, when added to existing attached garage on the site, exceeds 1200 square feet, a C.U.P. is required. The property is zoned R-1C/S, Single-Family ResidentiallShoreland and contains 24,995 square feet in area. The existing attached garage contains 720 square feet of area. The new detached garage will have 624 square feet of area, bringing the total area of accessory structures on the site to 1344 square feet. The existing home contains approximately 1779 square feet of floor area above grade, between one and a half stories. A cross section of the proposed garage is shown on Exhibit C. ANAL YSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.( 4) of the Zoning Code prescribes criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicants' plans comply with the Code: ft ~.1 PRINTED ON RECYCLED PAPER -#-lJ~ . . Memorandum Re: Zachman C.U.P. 13 July 2000 a. The total area of accessory buildings (1344 square feet) does not exceed the proposed floor area (1779 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-1 CIS zoning district (.10 x 20,000 = 2000 square feet). c. The proposed garage addition complies with R-1C/S setback requirements. As of this writing the applicants' plans do not show proposed hard cover. The maximum amount of hardcover in the Shoreland District (25%). It should be noted that several trees are located in the front of the applicants' lot. It is recommended that a tree protection fence be placed approximately five feet south of the proposed garage. Construction activities should be kept out of the wooded portion of the lot. d. The applicants' plans for the garage are somewhat sketchy. However, the cross section drawing shown on Exhibit C indicates that the new garage wiII have the same siding, roofing and general character as the existing house. Consequently, architectural compatibility is not considered to be an issue. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted, subject to the applicant demonstrating that impervious surface on the site will not exceed 25 percent of the lot area. Also the C.U.P. should be contingent upon the applicants placing tree protection fencing as recommended in c. above. cc: Tim Keane Larry Brown Tom and Pam Zachman -2- . f. , . / 1. SHADY ISLAND PT 2. SHADY ISLAND TR 3. SHADY ISLAND CIR 4. MAPLE LA ELPS BAY~ N Subject Property SHADY ISLAND .l. ,l. ENCHANTED ISLAND LAKE MINNETONKA 200 0 200 400 Feet I Exhibit A SITE LOCATION Zachman C.U.P for Accessory Space LAKE M ~ ~ --!NNETONKA SHORELJ ~ ~ ~ N€ SEPTEMBE ~ R 1,1995 , ~ \...9>> (;) .. -s , :(1) .! NO) -0 ell 01 0 ~ '0 0 tJ'10 ~,.. ~ o - .8 ~~~r en : = ~C U1 '11' . ~ 0 l.<&..t. . i1 ~.. . 30.'32- 16n z n cr 1).1> . .z \ 0 J s-- ~ -0 . .. ..." ~ 0 - () &>> ........<r+ ..-- -'(I) CD VI c.. IV ~Q..r+ . _ =:T' :r - -. en fA ~ 00 UoIl\)- ~, -.^ c.t' r+ ...... _-LSVRV~I~ __ ---100.05 u_ N 11044'54"E C..... --1~ \ ~A/. .~ ~S ~S ~ ~~~ :D o o x- Z :) .-.. . , ...... .' , ....-\ , , , z . . O)r') o-J 00 o. ~ Q.o 00 c.D 0. : . - ~ . U1 , I I I A,.....'t.. Pr~~-t 6 ~rA~.e.. ~,' . ~:8l~()(" I-i \ li\JJ.v , ::r c:: fT1 en .~ .. ~: ~ ITI ~: ~~ en :z: d'i' LP').;c.i- 'J'1' 2=> .I:) fY' ,- -0 d V'\ ./ X' ..- 1 T..:l T~.Q.J .'" Are'" \ Vu. \,.)0 J.( _. 10 \~\ \ ~.lGlr ~ :z:: ---:-... c-> \ J L.\ i--\) , , , ~:!:l. (ft · n _ ~. rf t'1 - .; ., c::> ~ C \~ C\...t. II ", 0_ :x:- ?' Exhibit B PROPERTY SURVEY (1 i L--rl>S J ~c.-hc:oJ / l\ f'('1 Ii, ~ ..l "-..t4"'~. r,J ~ i ~ ~~J PJcA I) ..)':<4 Sf! 1l\!\Nl. r: ~t,-"J tr^Jw I : , t'l1^i, j." ;, "'. ,- \ I.., ~ r'\",,, t' . / / ~J- ti~~f' r^",:t;. ~CI'\~c'.L ..,J\;. t . . , Ii II I, !I i1 'J. ' J / .! L--- 5';;.,,~ +~ l'1't^ ,."h iI v I' ,I 'I Ii I ;"Qk~ II '/ ~J1 I II /0. sJ..U,1J..,:'-d JX~ -ShJ j{ k i' S~A~ RO~~I'..J~ e.o.,JC-N..k stJ~ Iv ~ ~ \ \,l,P'\. f".!.S ~ ~\.(LI 1ret.. ~~J ~ ~ Re.b~r t'/")" !"'\ SA.....C f;/ \<....&1'" Si : . I:,",) . 0 ' ii' -Jt f- / {' ---t Exhibit C PROPOSED BUILDING CROSS SECTION . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO TOM AND PAM ZACHMAN WHEREAS, Tom and Pam Zachman (Applicants) are the owners of real property located at 4960 Shady Island Circle, in the City of Shorewood, County of Hennepin, legally described as: "Lot 36, Shady Island Lake Minnetonka, Hennepin County, Minnesota."; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a detached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1344 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 13 July 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 18 July 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 24 July 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 total area of accessory space (1344 square feet) does not exceed the floor area above grade of the principal structure (1779 square feet). 2. That the Applicant's lot contains approximately 24,995 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-l CIS Zoning District in which it is located (2,000 square feet). . . 3. That design and materials of the garage are compatible with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R-IC/S District. CONCLUSION 1. That the application of Tom and Pam Zachman for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subject to the following: a. That the proposed garage will be used strictly for purposes of a residential nature. b. That the Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. That the Acting City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of July, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY CLERK/ADMINISTRATOR -2-. -- , CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen . DATE: 12 July 2000 RE: Weiss, Robert and Jean - C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (00.15) BACKGROUND . Robert and Jean Weiss have applied for a conditional use permit to construct a detached garage on their property, located at 6175 Lake Virginia Drive (see Site Location map - Exhibit A, attached). The floor area of the new garage, when combined with the Weiss' existing attached garage brings the total area of accessory space on the property over 1200 square feet. The property is zoned R-IA/S, Single-Family ResidentiallShoreland and contains approximately 97,200 square feet (two acres) of area. Exhibit B shows the location of the existing house and garage and the proposed garage. The existing house contains approximately 3253 square feet of floor area on two floors. The existing garage contains 1040 square feet of floor area. The proposed garage (see Exhibit C) measures 24' x 30' and contains 720 square feet, which brings the total area of accessory space on the site to 1760 square feet. An existing accessory building south of the pool area will be removed. ANAL YSIS/RECOMMENDATION Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for granting this type of conditional use permit. Following is how the applicant's proposal complies with the Code: n '-.1 PRINTED ON RECYCLED PAPER ,*-u,.D . . Memorandum Re: Weiss C.U.P. 12 July 2000 . a. The total area of accessory space (1760 square feet) does not exceed the total floor area above grade of the principle structure (3253 square feet). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-1A/S zoning district (.10 x. 40,000 square feet = 4000 square feet). c. The proposed garage and the existing house comply with the setback requirements of the R-1A/S zoning district. The new garage will be 50 feet from the south side of the property and approximately 100 feet from the rear of the lot. Given the size of the property, drainage and landscaping are not considered issues in this request. d. As shown on Exhibits C and D, the materials and design of the new garage will be consistent with the character of the existing house. In light of the preceding, the applicants' request is considered to be consistent with the requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional use permit be granted as requested. cc: Tim Keane Joe pazandak Robert and Jean Weiss -2- .l. ~~ .l. 1. M RSH POINTE COURT i 2. M RSH POINTE CIRCLE,!. t 0" J. C7 J. J. ,l. J. ,l. ,j, RD ,l. ,j, .l. ,l. ,l. .k . ,l. ,l. J. ,l. ,l. A N ~ o a::: F H 0 i CITY OF CHANHASSEN 62~ 200 0 200 400 600 Feet I Exhibit A SITE LOCATION Weiss C.U.P. for Accessory Space +~ z .. .. .. 0"':1 . I: J '" 8 li 'I . C ... c c d~ g.. I .. !! I ..... PI .. ~,ft 1----------------1 I \ 1'1 I I I I ! 'Prq'o~~ ~ G\V-tUj ~ I~ I" ,- . . I i I I I I ~I " i I . I . i I Yi "( . . .. -=-- \-=.-. :.- J::.')(i*;~ Peo l ;< LAKE , ,.- ~'9Z i '.Qi "I 'I I .'" r - E.Y.\~t\~ :::::.: \-\~ t;4\~i~~~M6 (It> b4 re W\o.;te ~) __ I ---~ I:s: ~;-'''1: '-__.. ~ -.106....-..... . I ~, . r--------~---------------------- ~ . I ~ ! I ~' ~, I -'-~- I J q) I i : :! ,.. ii I! iL ...... \ .1 ! I . :..~. '. ;. ~. ...... ....1 ~ , sg'9C:1 ".'>~ ,''>1 '---_.....#_-_.__.-----...-~_. - G\~\J1. \j\~ ::l .. UJ > - a: Q ;:~ ~ ..'~ ~~' v~"; - Exhibit B SITE PLAN ~ ::t :t- ~. t ~ I ,! ___.. '_'h .. _.... _"__'___ I I i j I f .--------.--.--.....--.... .00.._. I_~..~=~~~~.-oo---~,.-~.. _._._~ ----.._---- ... ~ ~ ~ \j) 5 t ~ I i i \J! -, ~ .. ~ 'Z' Q ~ ~ us. ~ CL C) :z::. ...., i -;e-'---- ------............-... ~. ...1. ," >o:l: .7-'-...~ ._.-~j-...F.lJ--' . .... . --f JRt fi O:~ '---'''' .. ., -...~ ",---I '~"'~~I' . ~.~~I -=..:.~.~.:...-...-.-~.....~..._:-.. ".~'.:~.L _. _._.____.__..___..~ I J .....:.~-.~,_~.:.: ..-'..f~ ~ ~ (j) ~. ~, . a - 5'f ( ! I r _I LI C). ~ > ~k- ~ -"' ~' ~- ,I I .~ -~ ! 'i3~ ~ ,....;:;: ell -:r ~ ~ l!l ~ ~ 1::) ~ ;' , , Exhibit C PROPOSED GARAGE ELEVATIONS .. . . ~ ~ v10 "'~ .. (;i~ c! ~~ u: ~S ......... .., u.J / ~ 1r''X~ e.t:Y1~ ~' / C{ ~~ ( . c:lt-- ~- ~~tn ~ "-, . '-'J ' W-.9 ::r:u. tnO fCj]. I~-. ~.. "-='1 l._]L i.w.:.:.:::: ----- :,......_...--.Z'" ....--- ......-- --:--~-='i j'. .0 "z ., .": IN '. '~ ",. " : ] ~' ..-.:.,.~~-' ~. 1i'-~..J1H' r:r ~~l:=::~ ~ . r 11c:J_~. ,. 1 ~ ~ " ."" I "'~. ' .1 , I ~~ "!!~li"~i 8-:tJ :!:_~. h ~H~'Frl:~~~:L l7t~w - ..c:..-;~.'''''_ "':"" I _~ ! 1.'j~'~fr.'n\n~~~J.' "'-=''''''''~-''''''':='il:1 ,- -1'--- -j ~ l:1~i:U;:jj ~ tiiiEfl~ I Ill@!tI1iIil'jli!it!~f \ .-" ~ 1!]!.!\lllnL~!!.1 ~ 1i'[=[:H-l-t3!l I ." .' I'" [EttJt.j3.r'~ 111;~"':'I';i'1:,~h!EJ ~-::!:::..::::~... =. }1 I _.1 CI . Ii '1IQJ~D '~ I \.!;::.~-- Cl ~II~. . _.2.~ I ----:--- \;::1 .tr1Tl :-;; I 1 L t, I I r I ; I ,I ;; I ! I "l \ i I I : I I i / i ; I I , \, lLi c::J I I~':':=..---._-- 'f! :. i ! I , I I' I . , . j ~+- I I - : i I l~ ; ~, j1lI i II:- . ')(., ;cl . !~ ; , : . '3 : \.LJ I ~J E-__~~..!\ o i ~! Q: -' H <:c\ ~; oj .-.(! uJ' \- ~, ~ Q::" \.L o ! .~.7. .~I ~" ........ ..:. ~..: . ",to -. f. ::.< ..~;..(.. ':,".$<. ',. Ir. :: 'I~ .. -.to a . ,'; '~ ,"~ '. ... .:.~ . .' .. , " ...... (..~.;...~:-;... .... . ,> "'\. _ .........,.Il;h... ._.0'_. .::J" -......-.. w; <I 'Ij ~ d' b.) ~ I J :~ ~ " .;. ~. J .1 .1 .:. i " ~. ~': "~' ~~ i1DEl- ~ ~. t. ,.1 ill]" . . , ,', I" .;,::-,,, .. .i....,I::'. ,./.....~!:. ....:.',., '~ -, "J'" j;~".;:f~ u..; ~i' -( ~i lJ.. . . '.~ '. C!:: " cr: )J~ . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO ROBERT AND JEAN WEISS WHEREAS, Robert and Jean Weiss (Applicants) are the owners of real property located at 6175 Lake Virginia Drive, in the City of Shorewood, County of Hennepin, legally described as: "Lot 9, Block 1, Virginia Highlands Addition, Hennepin County, Minnesota."; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a detached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1760 square feet; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 July 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 18 July 2000, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 24 July 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 total area of accessory space (1760 square feet) does not exceed the floor area above grade of the principal structure (3253 square feet). 2. That the Applicants' lot contains approximately 97,200 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-INS Zoning District in which it is located (4,000 square feet). .. 3. That design and materials of the garage are compatible with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R-INS District. CONCLUSION 1. That the application of Robert and Jean Weiss for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That this approval is subjectto the following: a. That the proposed garage will be used strictly for purposes of a residential nature. . b. 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. 3. That the Acting City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of July, 2000. . WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY CLERK/ADMINISTRATOR -2-. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 12 July 2000 RE: Swirtz, Greg and Molly - Bluff Setback Variance FILE NO.: 405 (00.18) BACKGROUND . Greg and Molly Swirtz have recently completed a significant remodeling of the home at 6090 Ridge Road (see Site Location map - Exhibit A, attached). They propose to build a deck/walkway on the west side of the house (see Exhibit B) that will encroach into the bluff impact zone for Christmas Lake. In their letter, dated 13 June 2000 (see Exhibit C), they have asked for a setback variance to the bluff setback requirement. The subject property is zoned R-INS, Single-family ResidentiallShoreland and contains 44,824 square feet of area. As can be seen on Exhibit B, the existing home is situated within five feet of the bluff line for Christmas Lake. The property is located at possibly the narrowest portion of the ridge between Christmas Lake and Silver Lake. The contours of the site are significantly more severe on the west (lake) side. Tree cover on the property is significant, particularly on the lake side of the lot. The driveway system on the property also serves the home to the north of the subject property. The site is occupied by the Swirtz' home and a detached garage. The house sits nearly 70 feet above Christmas Lake. A powered lift system provides access to the lakeshore from the house. The proposed deck would extend 10 feet out from the back of the house, five feet over the existing bluff line. As indicated in their request letter, they propose a cantilever design that would not require any excavation into the bluff itself. The n ~J PRINTED ON RECYCLED PAPER =#:lJE Memorandum Re: Swirtz Variance Request 12 July 2000 proposed deck is approximately 34 feet long, extending from an existing doorway at the back of the house north to the lift system. ANAL YSISIRECOMMENDATION Section 1201.26 Subd. S.d. of the Shorewood Zoning Code specifies that structures can not be located within 20 feet of the bluff line. Section 1201.05 of the Code provides the procedures and criteria for granting variances. . It is worth noting that the applicants had considered demolishing the existing home and building a new one. Their preliminary plans indicated that considerably more site alteration would have been required to build new. The garage that was added to the north end of the existing structure was made to comply with the bluff setback. The percentage of impervious surface on the lot is just under 18 percent, including the proposed deck. The applicant's plan has some merit with respect to the criteria for granting of variances. First, the property may possibly have the most dramatic topography of any lot in Shorewood. Secondly, the deck would not alter the essential character of the neighborhood. For example, the home to the north, built before the current bluff requirements, extends over the bluff. Also, as can be seen in aerial photographs of the site, the existing home is well screened from Christmas Lake, more so than most home along that side of the lake. The size of the deck is considered minimal. Although plans for how it will be cantilevered have not been submitted as of this writing, this design would eliminate the need to do any excavation on the bluff itself. If approved, the variance should include a condition that the deck may only be as deep as structurally allowed for the cantilever. . Ordinarily it would be recommended that additional landscaping be provided in the event the variance is granted. In this case, however, existing tree cover already screens the existing site more than adequately. Attempts to add additional vegetation may only impact the bluff more. Based upon the preceding, it is recommended that the variance be favorably considered. The only condition suggested is that the deck be no deeper than ten feet, or whatever can be structurally engineered for the cantilever, whichever is least. Cc: Tim Keane Larry Brown Joe pazandak Greg and Molly Swirtz -2- . CHRISTMAS LAKE . * ITY OF SHOREWO \ .. * * .. 200 0 200 400 Feet ~- Exhibit A SITE LOCATION Swirtz Setback Variance . NORTH ~Ol to '$ua.I.e. a~\?t~$ L4 KL" ~ ::y r---- , , j '" o .! ~ i ~" ? ! t ...... Exhibit B PROPERTY SURVEY June 13, 2000 Mr. Bradley J. Nielsen I Planning Director Planning Commission Members City of Shorewood 5755 Country club Road. Shorewood, MN 55331 Dear Brad & Planning Commission Members, . We, Greg and Molly Swirtz, are the homeowners of 6090 Ridge Road. We are asking for a variance for a proposed deck on our home which we believe does not violate the intent of the bluff impact zone. The following points will support this belief: · This proposed deck involves no damage to bluff as no grading nor tree removal would be necessary. (However, we are willing to add any recommended vegetation on the bluff.) · We are proposing a cantilevering deck design which would project approximately only 4 feet over the bluff line. · Footings would be placed on an existing rock path which is approximately 5 feet wide. · No digging would take place on the bluff itself and, as a result, no damage would be done to the bluff with this design. . · The above-described deck would provide direct access to our hillside lift, a lift which is allowed by the DNR. Furthermore: · This deck would be the most practical and reasonable way to access the hillside lift. · We have no back yard and no side yard or front yard to speak of. · This deck would greatly enhance the enjoyment of the property. · As you know, our house's foundation has been located next to the bluff for the last 80 years and: o Due to the topography of the land and a driveway easement across our property, it would not have been possible to move the foundation east 30 feet. (20' setback plus 10' deck). This is not due to the size of our house which is small to average for today's standards. Exhibit C APPLICANTS' REOUEST LETTER Dated 13 June 2000 o This proposal is not setting any precedence for new construction since the foundation was already existing. · We have presented photos showing the proposed deck area which should remove any concern regarding the "aesthetic element" since the deck is not viewable by our neighbors on either side or from the lake. Furthermore: · Our direct neighbors have acknowledged that they have no opposition to the proposed deck. We have their signed letters to support this. . Ninety nine percent of all the homes on the lake have a deck/patio or screen porch on the lake side of their home. Many of these decks extend over the bluff line as is evident in these deck photos of my next-door neighbor. . · In late fall of 1999 our neighbor directly across the street (6125 Ridge Road) was granted a bluff impact zone variance. . As you are aware, the DNR has indicated that they would not challenge the city's decision to grant a waiver unless "the action was so egregious as to institute arbitrary and capricious action by a city". Obviously, a waiver granted for what we are requesting would not fall into this category. We ask for favorable consideration regarding this bluff impact variance issue and we are prepared to expand upon any of the above points should you deem it necessary. Sincerely, h i fr..lfk . Greg & Molly Swirtz 6090 Ridge Road Shorewood, MN (612) 380-1440 C...z. . . f '"' 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: 18 July 2000 RE: Margolis, Herbert - Simple Subdivision/Combination FILE NO. 405(00.16) BACKGROUND Mr. Herbert Margolis owns the property at 28045 Boulder Bridge Drive (see Site Location map - Exhibit A, attached). He proposes to purchase a strip of land from the owner of the lot to the northwest of his at 28065 Boulder Bridge Drive (see Exhibit B). Both properties are zoned P.D.D. The applicant's property contains approximately 37,280 square feet. The adjoining lot contains approximately 40,000 square feet. The strip being exchanged measures 10 feet wide near the street, 19 feet wide at the rear, and contains approximately 2943 square feet. The purpose of the lot line rearrangement is to incorporate the landscaping that has taken place. over the years onto Mr. Margolis' lot. He also wishes to widen his somewhat narrow back yard for future landscape improvements. ANAL YSISIRECOMMENDATION This request is extremely simple, despite Mr. Margolis' lot being slightly smaller than 40,000 square feet. The rearrangement would result in his lot becoming 40223 square feet, leaving the adjoining lot 37,056 square feet in area. The average lot size in Boulder Bridge was approximately 46,000 square feet, and since no new lot is being created, the average size will not decrease. From a purely design standpoint, the strip of property n ~J PRINTED ON RECYCLED PAPER *l.PF . .~ Memorandum Re: Margolis Subdivision/Combination 18 July 2000 relates better and is better used by Mr. Margolis. The change in lot line has no detrimental affect on the adjoining lot. The owner of that lot still has ample room to add on to his home in the future. It is recommended that the lot line rearrangement be approved subject to the applicant providing ten-foot wide drainage and utility easements along the sides and rear of the subject property. Cc: Tim Keane Herb Margolis . . -2- .l. lor 2. r ,l.: ~ ,l.: ,l.: .l. .l. LDER R .l. ,l.: ,l.: .l. ,l.: ,l.: .l. .l. ,l.: " Ii N 200 0 200 Feet I I Exhibit A SITE LOCATION Margolis Subdivision/Combination i , " .. - . ~ ~ ~i ." . ~ ~ tJ "X II//S,-o L' '" t''7e , ~ ......... -, ,.,..4..,. \'''' i -~.. ....~,--- - '=> I. lJ ':' $;) I I . i I ts I I I I I N !:: I e I I I I ~ I ~~-- 1 I ~ \ I -- 1 I I J< .. , J ~, ~<> . ,~\~ p. ---- ,.,i " <; 1.::: '!. <t _ ..., ".:. \ ...I4t.TS-' Pi} ; lJ) :r i ~ ...... "64.21000 r\ " v Y'~ '\ .~ ~ ;! , E Exhibit B PROPOSED DMSION/COMBINATION I . . , .~ MEMORANDUM TO: FROM: DATE: RE: FILE NO. 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 9 July 2000 Draft Zoning Ordinance Amendment - Reducing the Allowable Densities in Residential Districts . Zoning Code Chapter 1201.03 Subd. 20 The attached revisions to the housing densities for senior housing reflect the direction given to staff by the Planning Commission at its 16 May meeting. Deletions have been shown with 3trikcOtlts, and additions have been shown with italics. A public hearing on this matter has been scheduled for Tuesday, 11 July 2000. Cc: Tim Keane n " . PRINTED ON RECYCLED PAPER .... -:#~9 1201.03 subd. 20.b. 1201.03 subd. 20.Co Exception: The occupancy limitations stated above shall not apply to one adult live-in care- provider serving the needs of the primary occupant(s), provided that if such care-provider resides on the premises for more than thirty (30) days, notice must be given to the Zoning Administrator. (Ord. 262, 12-14-92) (3) To continue to qualify for the elderly housing classification, the owner, homeowner's association or agency shall annually file with the City Clerk: and the Zoning Administrator a certified copy of a quarterly resume of occupants of such building or buildings, listing the number of tenants or occupants by age, by unit. (4) Adequate off-street parking must be provided in compliance with Section 1201.03 Subd. 5 of this Code. Parking plans must show room on the site for at least one garage space per dwelling unit. . (5) Parking areas for five (5) or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Section 1201.03 Subd. 2g of this Code. (6) All signing and informational or visual communication devices shall be in compliance with Section 1201.03 Subd. 11 of this Code. (7) All structures shall comply with the Minnesota State Building Code. (8) The residential density of elderly housing projects shall not exceed the following: (a) R-IA and R-IB: fOtlf (4) Two (2) units per acre. (b) R-IC, R-ID, R-2A, R-2B, and R-2C: TIight (8) Six (6) units per acre. (c) R-3A, R-3B and R-C: Ten (10) Eight (8) units per acre. . (9) The minimum site size for elderly housing projects shall be three (3) acres. (10) Dwelling units may be detached or attached. (11) Building heights shall be limited to one and one-half (11/~ stories in all districts except the R-3A, R-3B and R-C zoning districts in which buildings may be three (3) stories. (12) Where allowed, multiple-family elderly housing must have elevator service to each floor. (13) Usable open space as defined in this Chapter is equal, at a minimum, to twenty percent (20%) of the gross lot area. (14) The provisions of Section 1201.04 Subd. Id(1) are considered and satisfactorily met. (Ord. 243, 9-9-91) c. Fees Reduced. Park dedication fees as required in Section 1202.07 of this Code and local sanitary sewer access charges as required in Section 904.18 Subd. 1. of this Code shall be charged on the basis of the development potential of property as currently zoned. Fees shall not be charged for additional residential units achieved under b.(8) of this Subdivision. (Ord. 290, 4-25-94) . . .' . MElVIORANDUM TO: FROlVI: DATE: RE: FILE NO. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us Planning Commission, Mayor and City Council Brad Nielsen 9 July 2000 Zoning Code Amendment - Nonconfonning Accessory Structures Zoning Code Chapter 1201.03 Subd. 1 (Nonconformities) After discussing the issue of accessory structures with the Planning Commission, staff was directed to prepare a Zoning Code amendment intended to bring nonconforming accessory structures into compliance with the Code. This would apply to conditional use permit requests and for any building permit where the principal structure was being increased by 50 percent or greater. Exhibit A, attached, includes language for the cases where the principal structure is being increased, whether a C.U.P. is required or not. Exhibit B modifies the current requirements for accessory space in excess of 1200 square feet. Additions are shown in italics. No deletions are proposed. This matter has been scheduled for a public hearing on Tuesday, 11 July 2000. Cc: Tim Keane n t..1 PRINTEO ON RECYCLEO PAPER -#('H 1201.03 subd. 1.11. 1201.03 subd. l.L h. Whenever a lawful nonconforming use of a structure or land is discontinued for a period of ninety (90) days, following written notice from the Zoning Administrator, any future use of said structure or land shall be made to conform with the provisions of this Ordinance. i. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is pennitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use. j. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or the nonconformity. (Ord. 180,5-19-86) k. Lawful nonconforming, single-family residential units may be expanded, provided: . (1) That such expansion does not increase the nonconfonnity and complies with height and setback requirements of the district in which it is located. (2) That if the nonconformity exists because the lot area does not meet the minimum requirement for the district in which it is located, said expansion shall not increase the floor area of all structures to lot area ratio to greater than thirty percent (30%). (3) That the granting of said expansion shall not adversely affect the aesthetics or character of the adjacent property. (4) That any such expansion shall take into consideration the protection of light and air to the adjacent property. . (5) That in cases where a structure is too close to a lot line, the City may require that the discrepancy be made up by enlarging the opposite required yard space. (Example: where a building is eight feet [8'] from a side lot line in a district in which a ten foot [10'] setback is required, the City may require a twelve foot [121 setback on the other side.) (Ord. 188, 11-24-86) 1. Any proposed structure which will, under this Ordinance, become nonconfonning but for which a building permit has been lawfully granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconfonning structure. m. Existing nonconforming accessory structures shall be removed or brought into conformity with this Code, as required in Section 1201.03 Subd. 2.d.(4)(c), or in instances where the gross floor area of the principal structure is being increased by fifty percent (50%) or greater. Exhibit A City ofSlwrewood . .. . 1201.03 subd. 2.d. 1201.03 subd. 2.f. (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council. (iv) In no case shall the total area of accessory buildings exceed seven percent (7%) of the minimum lot area for the district in which the property is located. (Ord. 321, 5-12-97) (b) In no case shall the total area of accessory buildings exceed ten percent (10%) of the minimum lot area for the district in which the property is located. . (c) In evaluating the conditional use permit, the City shall take in to consideration the location of existing and proposed structures, site drainage, and landscaping. As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this Code. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (Ord. 168,6-24-85) (5) Subject to the provisions of subdivision (4) above, no permit shall be issued for the construction of more than one private detached garage structure for each detached single-family dwelling, except on the approval of a conditional use permit according to the provisions of Section 1201.04 of this Chapter. Every detached single-family dwelling unit erected after the effective date hereof shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. (Ord. 276, 6-14-93) (6) No accessory uses or equipment such as air conditioning cooling structures or condensors which generate noise may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. . e. Drainage Plans: In the case of all multiple-family and nonresidential developments, detailed grading and drainage plans shall be submitted to the City Engineer for his review and the fmal drainage plan shall be subject to his written approval. In the case of single-family lots where no drainage plan has been approved by the City, the Building Official shall determine the need for a drainage plan. In any case where the ftrst floor of the structure is lower than the elevation of the street or where the lowest level of the structure is below the elevation of the sanitary sewer, detailed grading and drainage plans shall be submitted to the City Engineer for his review and approval. f. Fences - General Requirements: Exhibit B City of Slwrewood .. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 19 July 2000 RE: Proposed Fertilizer Regulations - First Draft FILE NO.: City Code (Chapter 310) . This forwards the first draft of the Lawn Fertilizer Application Control ordinance for your review. As recommended by the LCEC. and directed by the Council, staff modeled Shorewood's regulations after those of the City of Plymouth. The exception to this is the prohibition on the sale of phosphorous fertilizer by Shorewood vendors (see Section 310.04 Subd. 4.). It is recommended that this section of the new ordinance be subject to review and comment by the City Attorney. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. Cc: Tim Keane Larry Brown Land Conservation and Environment Committee Planning Commission #7A .,.~ PRINTED ON AECYCLED PAPER .... -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING TITLE 300 OF THE SHOREWOOD CITY CODE, EST ABLISIDNG REGULATIONS FOR LAWN FERTILIZER APPLICATION Section 1. Title 300 of the Shorewood City Code is hereby amended to include: "CHAPTER 310 LA WN FERTILIZER APPLICATION CONTROL . 310.01. PURPOSE: The City has considered expert testimony and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this Chapter is to establish regulations that will aid the City in managing and protecting its water resources that are enjoyed by its residents and other users. 310.02. DEFINITIONS: For the purpose of this section, certain terms and words are defined as follows: Subd. 1. COMMERCIAL APPLICATOR: A person who is engaged in the business of applying fertilizer for hire. . FERTILIZER: A substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. NONCOMMERCIAL APPLICATOR: A person who applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer applicator. PESTICIDE: A substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. 310.03 REGULATIONS FOR COMMERCIAL LAWN FERTILIZER APPLICATORS: Subd. 1. License Required. No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the City Administrator or a designee as provided herein. Subd. 2. License Application Procedure. Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Manager or a designee. The application shall consist of the following: a. Application Form. Application forms shall be provided by the City and shall include the following instructions: (1) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (2) Description of lawn fertilizer formula proposed to be applied on lawns within the City. . (3) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. b. Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product chemical analysis of the intended lawn fertilizer, shall be submitted to the City along with the initial application for a license, and, thereafter, at least seven days before fertilizer composition changes are implemented. c. Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. d. License Fee. The license fee as established in Chapter 13 of the Shorewood City Code. The license shall expire on the 31st day of December. The license fee shall not be prorated. . Subd. 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions that shall be specified on the license form: a. Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer applications to be applied within the City at any time after issuance of the initial license. b. Possession of License. The commercial lawn fertilizer license, or a copy thereof, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. c. Possession of Product Material Safety Data Sheet. A copy of the Product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. d. State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and including 17.729 and amendments thereto. The -2- licensee shall also comply with the provisions of the Pesticide Control as contained in the Minnesota Statutes Chapter 18B. 310.04 GENERAL REGULATIONS. Subd. 1. Time of Application. Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist that will promote or create runoffs. Subd. 2. Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. . Subd. 3. Fertilizer Content. No person, firm, corporation, franchise, or commercial or noncommercial applicator, including homeowners or renters, shall apply any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: a. the naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; b. or as otherwise provided in Section 310.05. Subd. 4. Sale of Fertilizer Containing Phosphorous. No person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: . a. Small quantities of such fertilizer may be sold for use as provided in Section310.05. b. Displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers by no less than eight (8) feet. c. For each sale of such fertilizer the seller shall provide the buyer with a copy of this Chapter of the Shorewood City Code. Subd. 5. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to impervious surfaces, areas within drainage ditches, or waterways. Subd. 6. Buffer Zone. Fertilizers and pesticides shall not be applied: a. to any established natural buffer zones as outlined in Section 1102.06 Subd. 2. of this Code. -3- b. below the Ordinary High Water Level of any lake as established by the Minnesota Department of Natural Resources; or c. within ten (10) feet of any wetland or water resource. Subd. 7. Warning Signs for Pesticide Application. All commercial or noncommercial lawn fertilizer applicators that apply pesticides to turf areas must post or affix warning. signs on the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following information: a. The warning signs must project at least eighteen (18) inches above the top of the grass line. The warning signs must be of a material that is rain resistant for at least a forty-eight (48) hour period and must remain in place for at least forty- eight (48) hours from the time of initial application. . b. The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least one-half inch (1/2"), or in another format approved by the Minnesota Commissioner of Agriculture. The signs must provide the following information: (1) The name of the business, entity, or person applying the pesticide; and I (2) The following language: "This area chemically treated. Keep children and pets off until (date of safe entry)" or a universally accepted symbol.and text approved by the Minnesota Commissioner of Agriculture as recognized as having the same meaning or intent as specified in this subparagraph. The warning signs may include the name of the pesticide used. . c. The warning sign must be posted on a lawn or yard between two (2) feet and five (5) feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds, or other similar recreational property, the warning signs must be posted immediately adjacent to areas within the property where pesticides have been applied and at or near the entrance to the property. 310.05. EXEMPTION TO PHOSHPOROUS REQUIRE:MENT. The prohibition against use of fertilizer containing any quantity of phosphorous under Section 310.04 shall not apply to: a. newly established or developed turf and lawn areas during first growing season; or b. turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. -4- . . Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. Any person, firm corporation, franchise, or commercial or noncommercial applicator, including a homeowner or renter, shall notify the City at least 24 hours prior to applying lawn fertilizer containing phosphorous of the reason for using fertilizer containing phosphorous and the amount of phosphorous contained in the lawn fertilizer to be applied. 310.06. PENALTY. Any person violating this Chapter shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this Chapter." Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of July 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR -5- . . ., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM Date: July 19,2000 To: Honorable Mayor and City Council Members Bradley Nielsen, Acting City Administrator Bonnie Burton, Finance Director/Treasurer ~ From: Re: City Council Discussion of2001 Budget Objectives and Schedule It is time to begin preparation for the year 2001 budget. To that end, attached for your review is the tentative 2001 Budget Schedule. As you can see, budget worksheets will be distributed to City Staff the week of July 21 and a CIPI operating budget work-session with city council and staff is tentatively scheduled for August 14,2000. An important aspect of the budget process is determining the budget priorities and objectives as established by the City Council. Staff respectfully requests council direction in determining these priorities. The council may wish to consider the following items: . Levy limits will not be in effect for year 2001. This will provide an opportunity to catch up with any demands the city was unable to address during the three years when property tax ley)' limits were in effect. Further, iflevy limits are re-established again in 2002, it is likely that year 2001 will serve as the base year for future calculations. . The Fire department budget is anticipated to increase. . Competitive bidding amounts were changed this year. Competitive bidding is required if the contract is expected to exceed $50,000 (previously $25,000). ft ~J PRINTED ON RECYCLED PAPER -Jf1b -. · Cities are still required to pay sales tax on all their purchases, with a few exceptions (purchase made by publicly owned hospitals; bulletproof vests; firefighter protective equipment; emergency vehicles). · The national consumer price index (CPI) has increased 3% over a year ago. This information is relevant for annual salary adjustments and other expenditures subject to inflation. · The Public Employees Retirement Association (PERA), a mandatory retirement program, has an actuarial deficit and to help offset this, cities will have to budget an extra amount beginning in budget year 2002. The deficit is quite large and may require employer/employee increases of up to 30% (contributions are currently 4.75% of salary). These increases will likely be phased in over a period of years and may be offset by some state aid money. Staffwill keep council informed when more information becomes available. · Shorewood city employees do not currently have Long Term Disability insurance. This . is a benefit provided by many cities for their employees. Typical cost for this benefit is between $8.00 and $13.00 per month per employee. The benefit provides payments of something less than full salary to employees who are disabled due to illness or off-the-job injury. Usually there is a three to six month waiting period, and a monthly payment of 60%-66% of salary. The monthly maximum may range from $3,500 - $6,000 depending on the program. These are some factors to consider when determining budget priorities. In addition, the council may have projects or activities that will influence the budget objectives. The above is provided for council information and direction to staff. Please advise if you have questions or if! can be of further assistance. . CC: Larry Brown, Director of Public Works 1\...... Date 07/21/00 07/31/00 08/01/00 08/14/00 08/25/00 08/28/00 . 09/01/00 09/11/00 09/15/00 10/02/00 10/09/00 10/20/00 . 10/23/00 11/10-11/24 11/29-12/20 11/29/00 12/04/00 12/07/00 12/11/00 12/19/00 12/28/00 City of Shorewood Year 2001 Budget Schedule Description Budget worksheets distributed to staff and department heads. Completed operating budget worksheets due from staff. MN Department of Revenue to certify LGA (Local Government Aid) and LP A (Local Performance Aid) to cities. Council and staffCIP/operation budget work session. CAFR to be distributed to City Council. Preliminary budget completed. Draft budget presented to City Council. City Auditor presentation of CAFR. MN Department of Revenue to certify HACA to cities. Council adopts 2001 preliminary budget and levy with changes as needed. Proposed budget and levy must be adopted and certified to County Auditor by this date. State form Payable 2000 PT Form 280 also to be submitted. County to certify Levy Certification Tax Rate to Cities. Council holds "Tax Rate Public Hearing" and approves resolution certifying same. No published notice required for public hearing. Tax Rate Public Hearing and submission of council resolution approving the tax rate increase due to the state by this date. Regular City Council meeting. Enterprise fund budget workshop with City Council and staff Counties to mail Notice of Proposed Property Tax. Initial hearing to consider proposed budget and levy must be held between these dates. (The City of Shorewood regular council meeting date is 12/11. The City cannot hold their hearing on certain dates that will be used by the county or other taxing districts.) Budget hearing advertisement in the official newspaper. City initial budget truth-in-taxation hearing. County initial budget hearing date. City final budget and levy adopted, or city continuation hearing if required County continuation budget hearing date. Final levy and budget must be certified to the County Auditor by this date. State forms Payable 2000 Property Tax Levy Report and PT Form TNT2000 also due. .... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityha/l@cLshorewood.mn.us MEMORANDUM TO: FROM: . DATE: RE: A Motion Adopting a Resolution for Change Order 1 Bituminous Seal Coating of Streets for the Year 2000 Recently, the Cities of Excelsior, Shorewood and Tonka Bay awarded a contract for Sealcoating of Bituminous Streets for the year 2000. Pearson Bros., Inc. was awarded the project, and had scheduled each municipality for August to complete the work awarded. . Last week, the Cities received a call from the contractor notifying them that the single supplier of granite aggregate for the state has run out of aggregate. Meridian Aggregates has two mines used for granite. The first location is located in St. Cloud, Minnesota. The next closest pit is located in Granite Falls, Minnesota. The granite located at the Granite Falls location is red in color, and is too expensive to truck to Minneapolis. Pearson Bros. is known to be a reputable contractor, and has successfully performed work in all three municipalities previously. In an effort to remain in good standing with the municipalities, Pearson Bros. has offered the following change to the contract. Aggregate quantities contracted for each municipality: Ci Excelsior Shorewood Tonka Ba uired n ~.1 PRINTED ON RECYCLED PAPER tJ8A. ".. Mayors and City Councils Excelsior, Shorewood Tonka Bay Bituminous Sealcoating of Streets 2000 July 13, 2000 Page 2 of2 Meridian Aggregates has stated that they would be able to supply the 204 tons of aggregate needed by the City of Tonka Bay this year. However, the quantities required of Excelsior and Shorewood are not available. Pearson Bros. has agreed that if the Cities of Excelsior and Shorewood desire to keep the contract open by extending the completion date to July 1,2001, they would perform the work next year. The Cities of Excelsior and Shorewood need to weigh the inconvenience of waiting until next spring. to have the sealcoating completed, versus the volatility of oil prices. After considerable discussion of the Public Works Directors for the cities and review of the prices awarded, it is recommended that a change order be ~pproved which changes the time of completion of the contract until July 1, 2001 for the Cities of Excelsior and Shorewood. Work for the City of Tonka Bay is to remain per the original contract. Attachment 1 is a resolution which approves Change Order 1 for the Contract. If acceptable, all three municipalities should approve the change order to the Contract for Bituminous Sealcoating of Streets for the Year 2000. . ..... . . CITY OF SHOREWOOD RESOLUTION NO. 00 - A RESOLUTION APPROVING CHANGE ORDER 1 FOR BITUMINOUS SEAL COATING OF STREETS FOR THE YEAR 2000 WHEREAS, on the 12th day of June, 2000 the City Council of the City of Shore wood entered into a joint contract with the Cities of Excelsior and Tonka Bay, Minnesota with Pearson Bros Inc. for the Year 2000 Bituminous Seal Coating of Streets; and WHEREAS, on the 12th day of July, 2000 representatives of Pearson Bros Inc. notified the Cities of Excelsior, Shorewood and Tonka Bay of the firms inability to complete the project within the specified time of the Contract, due to an interruption of the supply of cover aggregate; and WHEREAS, Pearson Bros. Inc. has proposed modifications to the Contract for said project as outlined in Change Order 1, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City of Shorewood hereby approves the modifications to original contract with the Cities of Excelsior, Tonka Bay, and Pearson Bros Inc. for the Year 2000 Bituminous Seal Coating of Streets, as outlined in Change Order 1 and attached hereto as "Exhibit A." ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of July, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR ~ Bituminous Sealcoating of Streets For the Cities of Excelsior, Shorewood, and Tonka Bay, Minnesota Change Order 1 Each party to the. Contract Documents for the Bituminous Seal coating of Streets for the Cities of Excelsior, Shorewood, and Tonka Bay hereby agree to the following changes to the Contract: 1. The Contract Completion Date shall be revised to state: " All work necessary to complete the project in accordance to the Contract Documents and Unit Prices indicated on the bid form for said project submitted by Pearson Bros. on June 7,2000 for the City of Tonka Bay, shall be completed by August 30,2000. Furthermore, All work necessary to complete the project in accordance to the Contract Documents and Unit Prices indicated on the bid form submitted by Pearson Bros. on June 7, . 2000 for the City of Excelsior and the City of Shorewood, shall be completed by July 1, 2001. CITY OF EXCELSIOR CITY OF SHOREWOOD By: John Anderson, Mayor By: Woody Love, Mayor By: Craig Dawson, City Administrator By: Bradley Nielsen, Acting City Administrator . (City Seal) (City Seal) Exhibit A .~ . . CITY OF TONKA BAY By: Doug Keller, Mayor By: Robert Rys, City Administrator (City Seal) CONTRACTOR (Corporate Seal) By: Title: By: Title: . . "l CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Brad Nielsen, Acting City Administrator Larry Brown, Director of Public WOrks~..~ .V 14... July 20, 2000 1'. . FROM: DATE: RE: A Motion to Adopt a Resolution Awarding Contract for Wrring Emergency Backup Power for the Amesbwy Well In the last three years, the Lake Minnetonlca Communities have focused a great deal of energy into identifying strategic systems that need to be prepared for emergencies, in the event of long term power outage or a disaster. This effort was initiated by the storms of 1998 and further reinforced by the Y2K event. As part of that planning, the City identified the Amesbury Municipal Well as a key piece of infrastructure that needs an emergency source of power. This well was identified since it is the largest of the water systems which does not have a reservoir to supply water, during such events. This decision is further supported when the frequency of power outages is examined for all of the water systems. By far, the Amesbury system has experienced more power outages than any of the other wells. Having stated that, two quotes were obtained for the installation of wiring and terminal housing to accept the connection to the City's generator, as indicated in Table 1. Contractor Total Construction & E ui ment Medina Electric, Inc. Bid $11,060 $26,200 ft t..1. PRINTED ON RECYCLED PAPER #-eh Mayor and City Council Brad Nielsen, acting City Administrator Wiring for Amesbury Well July 20,2000 Page 2 of2 Both contractors were contacted to insure that the specifications were. properly interpreted, and that their bid was accurate. As experienced in the past, a wide margin for the bid tabulation can indicate questions with regard to the reliability of the bids. In this instance, the prices reflect timing of the project and availability of workers to perform the work. Total Construction is known to be a reputable electrical contractor. Therefore, Staff is recommending approval of the resolution that awards the contract to Total Construction & Equipment in the amount of $11,600. If approved, this project is to be funded by ~~~ . \. . . . t CITY OF SHOREWOOD RESOLUTION NO. 00 -_ A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR WIRING OF THE AMESBURY WELL WHEREAS, the City of Shorewood has identified the need for providing emergency power to the Amesbury Well System located at 20405 Knightsbridge Road, Shorewood, Minnesota; and WHEREAS, the City of Shore wood's electrical design consultants known as Kaeding and Associates, Inc. prepared plans and specifications dated May 31, 2000 for Modifications to the Amesbury Well; and WHEREAS, pursuant to an invitation for proposals for local improvements designated as the Amesbury Well Modifications, City Project No. 95-23, proposals were received, opened on June 16, 2000 and tabulated, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Total Construction & Equipment, Inc. is the lowest responsible bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and Acting City Administrator/Clerk are hereby authorized and directed to enter into a contract in the name of the City of Shore wood with Total Construction Inc. for Improvement Project Modifications to the Amesbury Well according to the plans and specifications which are on file in the office of the City Administrator/Clerk. 2. Funding for City Project 95-23 shall be designated from the City of Shorewood Municpal Water Fund in the amount of $11,060. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of July, 2000. WOODY LOVE, MAYOR ATTEST: BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR Kaeding and Associates, Inc. 7300 France Avenue South Suite 330 Minneapolis, Minnesota 55435-4545 "01. -. 'c::;'. -~.. iE- ,'n,:, '. ! C !. .. L-L- \ I., ,,- ~ . . . ____ I / . .!in, JUl 032000 .J,' V L .~ g\J J Phone: (952) 831-0317 E-Mail: info@kaeding.com --,=ax:- (952) 831-2179 MEMORANDUM TO: City of Shorewood ;:CkM:~::7 June 29, 2000 FROM: DATE: RE: Shorewood, Minnesota Amesbury Well . On May 31, 2000, bids were requested from four electrical contractors for modification of the existing electrical system at the City's Amesbury Well, located at 20405 Knightsbridge Road. This work generally involves the addition of a new outdoor CT and service entrance enclosure with generator receptacle. This will allow the City to power the well from the recently procured portable generator. Two bids were received by the specified due date and are summarized as follows: Medina Electric, me. $26,200.00 Total Construction & Equipment, me. $11,060.00 The estimate for this work was $12,000. Afterreviewing the bids, it is recommended that the City enter into an agreement with Total Construction & Equipment, me. based on the plans and specifications contained in the May 31, 2000 request for proposals and the June 6, 2000 clarification, for the amount of$11,060.00. . If you have any comments or questions, please do not hesitate to call. PJL:mj Exhibit A -FROM LARKIN HOFFMAN DALY (612)896-3250 (THU) 7.20'00 14: 16/ST. 14: 16/NO. 4260889677 P LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW . . RQBERT L__ /lIIW.D 11. -.. 1IIIIlIMD.L Mecou. -...,,- ..........1'UI,l,IllII\ -,.- CMAll\a.. -.J.. -"1IIIiTZEN UNllA H. F'" _fl.1'IllI.1IWI _0._ oIOHNl!. _ oICINS,1WBZIMWCI 'Il<<lMM 01. ... '-".QUINN TCIIIDL_ ~1- AII:II ""'....- 1lA'IU _. oIOHNA. ClmIlt' PAuI... ""'-TT N.NoI. _ ICA1l4.ESIII, ~_ _"lSIMCIN ~Vl!._.... ONlY... YAIl CLaYII!. _J._ _M._ ~w -..rt -..- _t._ lIAAY' A. ~ CMIS'/aIIEJl.L ~ _.1._ _J.DCK*M ~c.i;I'IIFFl1'H,.lR. JOHN It. IlL&, 1'eTEII.L c:cnu l.MRY D. .lIAIm/ol JIMli E. _ <lCImL li'I'EI'I'EIlHA YICtulQ,.. 8II'IH 1500 NORINE8T FINANCIAL CENTI!k 7900 XERXES AVENUE SOLml Bl.OOMINGTON, UlNNESOTA 55431-11$4 lUEPHONI! (t52) nwaoo FAX (152) ne-=~ July 20, 2000 2 NIJiIlNI ".1'l!lIIIW ~w._ ....L_ -..-...- _11,_ __ILUIIIM; __IL_ "IPHBI.I._ 'IMClIN".~ _LT.-..c -....-- _~ ICUl8 lIIIMI L _A' -A..,I, VUII11mlA c::..__ -...- _01._ oIClHIII.A.~ _D. eAItoU. -............. _A~.__ _J. Fm'AIIIe, oIIl. --",- c:womu.... ~ -o.~ IIDI. J. -.-.r-r '_O'-'&'IICREUNO .LWD~~,I. _A.~ TOllD.... fA....... MMiAM.. DCIl Of'COUNIIL .......~. I.NWQN. .w:K F.I:W.... D. KENNEnl"-" NJ.ANI!.~ Jo&IlH GI'I18 __mEDINYtl8CQN8IN VIA FACSIMILE & U. S. MAlL Mayor Woody Love and Members ofth.e City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Charles L. Lefevere, Esq. Kennedy &. Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Greg Nybek Lake MiDnetonka Conservation District 18338 Minnetonka Boulevard Wayzata, MN 55391 Wa1terM. Baker, Esq. 325 Southdale Place 3400 West 66th Street Edina, MN 55435 Re: Shorewood Yacht Club Our File No. 24.444-22 Ladies and Gentlemen: Please find enclosed a copy of my memorandum to dlo Shorewood City Council in response to the proposed expansion plans orthe Shorewood Yacht Club. As noted in that memo, the City ofShorewood Zoning Ordinance requires a zoning amendment to pennit an expansion of the Shorewood Yacht Club. Should you have any questions, please contact me at (952) 896-3203. Sincere f~ D~i6 " .~ Tunoth J. Keane, for L , HOFFMAN, DALY & LINDGREN, Ltd. hmblenclosure c: Bradley J. Nielsen. Acting City Administrator ::ODMA\PCDOCS\UDI\602706\1 =It qA b . . FROM LARKIN HOFFMAN DALY (6121896-3250 (THU) 7. 20' 00 14: 17/8T. 14: 16/NO. 4260889677 P 3 MEMORANDUM TO: LuuaN, HOFFMAN, DALY & LINDGREN, LTD. AUOmcys at Law 1:500 Norwest FiDancilIl CCl1ter 7900 Xcaes Avenue South BJoornfnaton. Mhutcsota ~S431 TeJepnonc; (9:52) 83:5.3800 PAX: (9:52) 896-3333 Mayor Love and Members of the Shorewood City Coum.il Tim Keane, City A~ July 20, 2000 FROM: DATE: RE: Shorewood Yacht Club - LMCD application to expand operations. The Shorcwood Yacht Club (the "Club'') bas submitted an application to the Lake Minnetonka Conservation District r.LMCD'') to increase the number of slips it currently maintains from 80 to 115. The application is being submitted in connection with the proposed expansion of the Club's facilities to an adjacent parcel ofproperty (the "Expansion Site"). In reliance upon a Hennepin County District Court order issued with respect to the existing site back in 1978 (the "Court Order"), the Club bas asserted it is not subject to City zoning restrictions in connection with its proposed expansion. We conclude, however, that the expansion is prohibited under the R-INS zoning classification currently applicable to both the existing site and the Expansion Site and that the GJub must apply to the City fbr a zoning amendment in order to proceed with its plans. The Existine Site In 1978, the Club's existing site was zoned R-l (single family residential) and a "yacht club" was designated as a conditional use. The Court Order required the City to issue a conditional use permit for the current site that permitted 12S slips. Due to LMCD and Watershed District restrictions in place at the time, however, the Club revised its CUP application to permit 80 slips. The revised application was approved by City Resolution No 24-79 in accordance with the Court Order. In the years since the Court Order, the Shorewood Zoning Ordinance has been amended, whereby the Club's existing site is now included in an R-IAtS, Single-Family ResidentiallShoreland zoning district The Yacht Club use is neither a permitted. nOT a conditional use in the R-IAtS District. The ex.:i.sting Club facilities constitute a nonconforming use in this,..oning district. Section 1201.03, Subel. 1 of the Shorewood Zoning Ordinance sets forth the City's policy concerning nonconfnnnit)g uses. Specifically. subdivisions 1 (a) and lei) prohibit any changes to a structure or use that Would enlarge, extend. or intensify the nonconfonning use. FROM LARKIN HOFFMAN DALY (6121896-3250 (THU) 7. 20' 00 14: 17/8T. 14: 16/NO. 4260889677 P 4 The Club's expansion plans, as enumerated in the LMeD application, clearly contemplate an intensified and extended nonconforming use for the existing site.. The plans provide for more than a 40% increase in the amount of slips available at the site, which will result in a commensurate increase in the nonconforming use. CODSeqUently, the proposed expansion, as it relates to the existing sitet violates Section 1201.03 of the Ordinance Code. The Club's reliance upon the Court Order to justify its expansion plans with respect to the existing site is misplaced in light of the current zoning classification. The comt's opinion rested entirely on the :tact that a yacht club was, at the time, a conditional use for the property and not a nonconfonning use as it is today. Accordingly, the Court Order compelled the City to issue a CUP based upon conditional uses available for the site in 1978. It certainly was not the court's intent to preclude the City from enforcing any future amendments to the zoning classification for this site. . The Expansion Sit! The Expansion Site is also subject to the R-IAlS zoning classification and, therefore, the Club's expansion plans are not a permitted use on this site. Moreover, the Club's reliance upon the Court Order as authority for the expansion at this site is similarly misplaced, since the order specifically applied to the Club's existing site, not the Expansion Site. Rezoninl!' Recnlinments Since the expansion of the Club's dock facilities is not permitted in the RIAlS zoning district classification, the Club must initiate a rezoning of both parcels in onier to proceed. The multiple dock facility proposed by the Club is limited to a L-R Lakeshore Recreational District, as described in Section 1201.24 of the Shorewood Zoning Ordinance. The primary purpose of the L-R District is to regulate the recreational access to Lake Minnetonka, "so as to insure that use of such land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites. tt . "1 be water harboring of boats is a permitted uie in a L-R District. Section 1201.24, Subd. 7 sets forth the application requirements necessary for rezoning the Club's existing site and EXpansion Site in L-R District. Further, the Clubts expansion plans must comply with the standards and conditions set forth in Section 1201.24, Subd.. 8. COllclusion In conclusion, the proposed expansion, as it relates to both the Club's existing site and the Expansion Site, is prohibited pursuant to the R-IM zoning classification for both parcels. The Court Order does not constitute independent authority for the expansion. Consequently, the Club must apply to the City for a re%.Oning of the property to a L-R Lakeshore Recreational District in order to proceed. ::ODMA\PCDOCS\J.J81\6019Q\1 2. Check Approval List for 7/24/00 Council Meeting Descriptio" CheckDate ["voice # Check # Ve"der Nallle 28377 28377 28378 28379 28380 28381 28382 28383 . 28384 28385 28386 28387 28388 28389 28390 . 28391 28392 28392 28392 28392 28392 28392 28392 28392 28392 28393 28394 28394 28394 28394 28394 US POSTMASTER 2ND QTR 2000 UTILITY BILLING US POSTMASTER 2ND QTR 2000 UTILITY BILLING TOTAL FOR US POSTMASTER ABM EQUIPMENT & SU ACCESSORIES FOR SWEEPER 7/13/00 TOTAL FOR ARM EQUIPMENT & SUPPLY BROWNING FERRIS IN TB L1Q RECYCLING 7/13/00 06000-0200 TOTAL FOR BROWNING FERRIS IND. EVERGREEN LAND SE TH7 & 41 7/13/00 00-712 TOTAL FOR EVERGREEN LAND SERVICE CO EXCELSIOR FLORIST FUNERAL FLOWERS 7/13/00 TOTAL FOR EXCELSIOR FLORIST HENN CTY TREASURE POSTAL VERIFICATONS TOTAL FOR HENN CTY TREASURER STROBE LIGHTS TOTAL FOR J-CRAFT, INC MINNCOMM PAGING L. BROWN PAGER TOTAL FOR MINNCOMM PAGING MINNESOTA STATE TR 2ND QTR 2000 BLDG PERMIT SURC 7/13/00 TOTAL FOR MINNESOTA STATE TREASURER MN SUN PUBLICATION COMM TECH AD 7/13/00 335939 TOTAL FOR MN SUN PUBLICATIONS 7/11/00 7/11/00 7/13/00 J-CRAFT, INC 7/13/00 25284 7/13/00 68593107003 MINNEHAHA CREEK W MCWD PERMIT APP MAILING COST 7/13/00 TOTAL FOR MINNEHAHA CREEK WATERSHED NEENAH FOUNDRY CO PARTS 7/13/00 716814 TOTAL FOR NEENAH FOUNDRY COMPANY PANCHYSHYN. JEAN MILEAGE 7/13/00 TOTAL FOR PANCHYSHYN, JEAN PEPSI COLA COMPANY TOTAL FOR PEPSI COLA COMPANY PROTOCOL COMMUNI 5/1/00 - 7/1/00 SVC 7/13/00 952204663-0 TOTAL FOR PROTOCOL COMJ~IUNICATlONS, INC SWANDBY, DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY, DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY, DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 SWANDBY. DONALD MILEAGE/SUPPLIES/CELL 7/13/00 TOTAL FOR SWANDBY, DONALD RONALD R. JOHNSON LAWSUIT SETTLEMENT TOTAL FOR RONALD R. JOHNSON DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING 7/13/00 48721625 7/13/00 REPL CK 27 7/13/00 1150-070300 7/13/00 1152-070300 7/13/00 1152-070300 7/13/00 99462/10010 7/13/00 99462110010 Thursday, JlIly 20, Amount $329.76 $164.88 $494.64 $335.40 $335.40 $43.78 $43. 78 $357.26 $357.26 $106.50 $106.50 $32.40 $32.40 $100.93 $/00.93 $221.82 $22].82 $1,998.08 $1,998.08 $397.60 $397.60 $85.01 $85.01 $192.77 $192.77 $87.43 $87.43 $10.00 $10.00 $248.55 $248.55 $23.85 $36.26 $36.26 $36.26 $12.75 $12.75 $23.85 $12.75 $23.85 $218.58 $754.62 $754.62 $2.068.30 $3.623.60 $19.20 $19.20 $3.164.75 Page 1 018 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR DA Y DISTRIBUTING $8,895.05 28395 EAST SIDE BEVERAGE 7/13/00 T7535-06300 $11,381.85 TOTAL FOR EAST SIDE BEVERAGE COMPAN $11,381.85 28396 LEEF BROS MATS FOR TB L1Q 7/13/00 274837 $29.24 TOTAL FOR LEEF BROS $29.24 28397 NORTH STAR ICE 7/13/00 63270-06300 $280.56 28397 NORTH STAR ICE 7/13/00 63272-06300 $406.04 28397 NORTH STAR ICE 7/13/00 72250-06300 $781.80 TOTAL FOR NORTH STAR ICE $1,468.40 28398 PAUSTIS WINE COMPA 7/13/00 131697 $432.50 TOTAL FOR PAUSTIS WINE COMPANY $432.50 28399 QUALITY WINE & SPIRI 7/13/00 849924-00 ($8.75) 28399 QUALITY WINE & SPIRI 7/13/00 853377-00 $107.95 28399 QUALITY WINE & SPIRt 7/13/00 853379-00 $101.81 28399 QUALITY WINE & SPIRI 7/13/00 853421-00 $376.20 28399 QUALITY WINE & SPIRI 7/13/00 853421-00 $2,273.67 28399 QUALITY WINE & SPIRI 7/13/00 853422-00 $585.09 28399 QUALITY WINE & SPIRI 7/13/00 853422-00 $3,403.35 . 28399 QUALITY WINE & SPIRI 7/13/00 853452-00 $2,270.02 28399 QUALITY WINE & SPIRI 7/13/00 853452-00 $188.10 TOTAL FOR QUALITY JHNE & SPIR1TS CO $9,297.44 28400 THORPE DISTRIBUTIN 7/13/00 30080-07030 $121.55 28400 THORPE DISTRIBUTIN 7/13/00 30080-07030 $10,037.20 TOTAL FOR THORPE DISTR1BUTING COMPA $10,158.75 28401 WASTE MANAGEMENT 7/13/00 1593-004028 $41.98 TOTAL FOR WASTE ll'IANAGEMENT $41.98 28402 PERA PERA -7/18/00 PAYROLL 7/19/00 $1.454.90 28402 PERA PERA -7/18/00 PAYROLL 7/19/00 $1,586.56 TOTAL FOR PERA $3,041.46 28403 ICMA RETIREMENT TR DEF COMP 7/18/00 PAYROLL 7/19/00 $923.46 TOTAL FOR ICMA RETIREMENTTRUST-457 $923.46 28404 CITY COUNTY CREDIT PAYROLL DEDUCTIONS -7118/00 7/19/00 $350.00 TOTAL FOR C1TY COUNTY CREDIT UNION $350.00 . 28405 ANDERSON, KRISTI B. 7/11 PARK COMM MTG 7/19/00 $120.00 TOTAL FOR ANDERSON. KRIST! B. $120.00 28406 BOB'S PERSONAL COF COFFEE/SUPPLIES 7/19/00 38882 $30.00 28406 BOB'S PERSONAL COF COFFEE/SUPPLIES 7/19/00 38883 $54.00 TOTAL FOR ROR'S PERSONAL COFFEE SVC $84.00 28407 BROWN, LAWRENCE MILEAGE TO CRT-USF&G V CITY 7/19/00 $17.64 28407 BROWN, LAWRENCE TAPE RECORDER FOR COUNCIL 7/19/00 $74.54 TOTAL FOR BROWN, LAWRENCE $92.18 28408 C.C. SHARROW CO INC OVERHEAD CRANE INSPECTION 7/19/00 1129081-IN $171.00 TOTAL FOR c.c. SHARROW CO INC $171.00 28409 EVANGELINE SPECIAL SIGN FOR DEAF CHILD 7/19/00 111229 $42.52 TOTAL FOR EI/ANGELlNE SPECIALTIES $42.52 28410 EVERGREEN LAND SE CHAN EASEMENT 7/19/00 00-726 $464.95 TOTAL FOR EVERGREEN LAND SERVICE CO $464.95 28411 HAWKINS WATER TRE SUPPLIES 7/19/00 268368 $84.58 TOTAL FOR HAWKINS Jv.4TER TREATMENT $84.58 28412 G & K SERVICES PW UNIFORMS 7/19/00 JUNE STMT $501.56 Thursday, Ju(J' 20, 2000 Page 0{8 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR G & K SERVICES $501.56 28413 HOPKINS PARTS COM PARTS/SUPPLIES PW 7/19/00 JUNE STMT $30.82 28413 HOPKINS PARTS COM PARTS/SUPPLIES PW 7/19/00 JUNE STMT $113.75 TOTAL FOR HOPKINS PARTS COMPANY $144.57 28414 KUSTOM SIGNALS, INC RADAR UNIT 7/19/00 49833 $295.00 TOTAL FOR KUSTOM SIGNALS, INC $295.00 28415 PRUDENTIAL INS CO 0 JULY LIFE INS 7/19/00 $2.60 28415 PRUDENTIAL INS CO 0 JULY LIFE INS 7/19/00 $2.60 28415 PRUDENTIAL INS CO 0 JULY LIFE INS 7/19/00 $2.60 28415 PRUDENTIAL INS CO 0 JULY LIFE INS 7/19/00 $44.90 28415 PRUDENTIAL INS CO 0 JULY LIFE INS 7/19/00 $76.90 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $129.60 28416 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 7/19/00 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 28417 MN SUN PUBLICATION EASEMENT - 27820 ISLAND VIEW 7/19/00 335742 $42.90 28417 MN SUN PUBLICATION CUP - 27820 ISLAND VIEW 7/19/00 335743 $46.47 28417 MN SUN PUBLICATION CUP - ACCESSORY SPACE 7/19/00 335744 $35.75 28417 MN SUN PUBLICATION AMEND CODE - SR HOUSING 7/19/00 335745 $35.75 . 28417 MN SUN PUBLICATION 1999 DRINKING WATER REPT 7/19/00 335746 $314.60 TOTAL FOR MN SUN PUBLICATIONS $475.47 28418 NIELSEN, BRADLEY SEC 125 REIMBURSEMENT 7/19/00 $102.25 TOTAL FOR NIELSEN, BRADLEY $102.25 28419 NORTHERN STATES P 7/19/00 $236.82 28419 NORTHERN STATES P WELL #1 7/19/00 $740.28 28419 NORTHERN STATES P WELL 7/19/00 $940.98 28419 NORTHERN STATES P TB L1Q UTILITY 7/19/00 $518.66 28419 NORTHERN STATES P PW BLDG 7/19/00 $262.02 28419 NORTHERN STATES P NIGHTWATCH 7/19/00 $13.92 28419 NORTHERN STATES P FREEMAN PK 7/19/00 $98.15 28419 NORTHERN STATES P CATHCART PK 7/19/00 $7.92 28419 NORTHERN STATES P 7/19/00 $80.33 28419 NORTHERN STATES P 7/19/00 $34.02 28419 NORTHERN STATES P 7/19/00 $14.86 28419 NORTHERN STATES P 7/19/00 $14.70 . 28419 NORTHERN STATES P CITY OFFICES 7/19/00 $432.54 TOTAL FOR NORTHERN STATES POWER 53,395.20 28420 PAZANDAK, JOSEPH MILEAGE - 7/2 - 7/15 7/19/00 $101.53 TOTAL FOR PAZANDAK, JOSEPH $101.53 28421 SENSIBLE LAND USE C 7/26 TELECOMMUNITIES MTG 7/19/00 $30.00 TOTAL FOR SENSIBLE LAND USE COAL/TN $30.00 28422 ST. BON I REFRIGERATI REPAIR HVAC - PW BLDG 7/19/00 12432 $81.90 TOTAL FOR ST. BONI REFRIGERATlONIAC $81.90 28423 SPEEDWAY SUPERAM PW VEHICLES FUEL 7/19/00 JUNE STMT $1,141.31 TOTAL FOR SPEEDWAY SUPERAMERICA $1,141.31 28424 TMI COATINGS INC PAINT ANALYSIS 7/19/00 12126 $50.00 TOTAL FOR TMI COATINGS INC $50.00 28425 US WEST 7/19/00 $99.05 28425 US WEST 7/19/00 $261.99 TOTAL FOR US WEST $361.04 28426 V.FW. FUNDRAISER DONATION-FIRST AID KITS #2ITB LI 7/19/00 $45.00 28426 V.F.W. FUNDRAISER DONATION-FIRST AID KITS #2ITB LI 7/19/00 $45.00 Thursday, July Page 30{8 Check # Vender Name 28427 28428 28429 28430 28430 28430 28430 28430 28430 28431 28431 28431 28431 28432 28432 28432 28432 28432 28432 28433 28434 28435 28436 28436 28437 28437 28437 28438 28439 28440 28441 28442 28442 28442 28442 Descriptioll Check Date Invoice # TOTAL FOR r-:F. 'I': FUNDRAISER WARNING LITES OF M BEACON BULBS 7/19/00 35477 TOTAL FOR WARNING L/TES OF MN, INC. DAHLHEIMER DIST INC 7/19/00 68795 TOTAL FOR DAHLHEIMER DIST INC MARK VII 7/19/00 26369-0630 TOTAL FOR MARK VIJ MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING MARLIN'S TRUCKING TOTAL FOR MARLIN'S TRUCKING QUALITY WINE & SPIRI 7/19/00 855558-00 QUALITY WINE & SPIRI 7/19/00 855620-00 QUALITY WINE & SPIRI 7/19/00 855621-00 QUALITY WINE & SPIRI 7/19/00 855621-00 TOTAL FOR QUALITY WlNE & SPIRITS CO ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 ABDO, ABDO, AND EIC 1999 AUDIT SVCS/CAFR REPT PRE 7/25/00 101404 TOTAL FOR ABDO, ABDO, AND EICK BARCO MUNICIPAL PR CAUTION TAPE - PW 7/25/00 121406 TOTAL FOR BARCO MUNICIPAL PRODUCTS THE BRIMEYER GROU RETAINER FEE-ADMINISTRATOR S 7/25/00 968 TOTAL FOR THE DRIMEYER GROUP INC 7/19/00 7759/7792 7/19/00 7759/7792 7/19/00 7760/7793 7/19/00 7760/7793 7/19/00 7761/7794 7/19/00 7761/7794 HARDRIVES, INC PV #1 BIT TRAIL VINE HILUCOVING 7/25/00 TOTAL FOR HARDRIVES,INC EXCELSIOR-CITY OF 3RD QTR FIRE CONTRACT SVCS 7/25/00 EXCELSIOR-CITY OF FIRE DEPT JOINT POWERS FEES 7/25/00 TOTAL FOR EXCELSIOR-CITY OF EXCELSIOR ACE HARD PW PARTS/SUPPLIES 7/25/00 JUNE STMT EXCELSIOR ACE HARD PW PARTS/SUPPLIES 7/25/00 JUNE STMT EXCELSIOR ACE HARD PW PARTS/SUPPLIES 7/25/00 JUNE STMT TOTAL FOR EXCELSIOR ACE HARDWARE HAWKINS WATER TRE CONTAINER DEMURRAGE 7/25/00 OM 42663 TOTAL FOR HAWKINS WATER TREATMENT FRIENDS SO. SHORE S 7/11/00 PARK/PLANNING MTGS 7/25/00 TOTAL FOR FRIENDS SO. SHORE SR CTR DOCUMENT RESOURC AlP CHECKS 7/25/00 0098908 TOTAL FOR DOCUMENT RESOURCES LK MTKA CONSERV. 01 3RD QTR LEVY PYMT 7/25/00 TOTAL FOR LK MTKA CONSERV. DISTRICT LARKIN, HOFFMAN, DA AIKINS 7/25/00 357057 LARKIN, HOFFMAN, DA GENERAL MATTERS 7/25/00 357057 LARKIN, HOFFMAN, DA AIKINS 7/25/00 357058 LARKIN, HOFFMAN, DA AT&T 7/25/00 357058 ~~l'&0.\;""'''':':'':':i'~W,~~):r.:;;;;.-:_,;:.''-.C:'Wi~'1>''~'':<;i~!IW~:;:~W:l;'illil t~ Amount $90.00 $68.08 $68.08 $240.00 $240.00 $3,545.55 53,545.55 $54.90 $54.90 $110.25 $110.25 $41.40 $41.40 $413.10 $1,105.92 $1,081.79 $2,418.64 $1,274.27 55,880.62 $520.00 $520.00 $520.00 $520.00 $520.00 $3,900.00 56,500.00 $94.60 594.60 $5,333.00 $5,333.(J0 $94,775.80 $94,775.80 $40,984.75 $10,000.00 $50,984.75 $4.96 $13.65 $19.12 $37.73 $35.00 535.00 $50.00 $50.00 $440.22 $440.22 $5,261.69 $5,261.69 $125.00 $1,673.30 $100.00 $187.50 . . 1I U .~~:<<<::r);""~At:~*:!;;~~,~~,ij.",,"....g;~.~W8~',,,",~Z'''',,*l'il;;o;;;''f:Z~i~~".,t:~~~ Page 4 of8 TlIursday, JII(l' 20, 2000 Check # Vender Name Description Check Date Invoice # Amount 28442 LARKIN, HOFFMAN, DA USF&G V GEH CONSTRlHENDRICK 7/25/00 357060 $5,527.27 28442 LARKIN, HOFFMAN, DA MARSH PT V CITY OF SHOREWOO 7/25/00 357061 $14.00 28442 LARKIN, HOFFMAN, DA CITY/GIDEONS V ELLERS OUTDOO 7/25/00 357062 $81.50 28442 LARKIN, HOFFMAN, DA GYSLAND HAZARDOUS BLDG-FER 7/25/00 357063 $900.60 28442 LARKIN, HOFFMAN, DA RON JOHNSON-REMOVAL FR CON 7/25/00 357064 $70.20 28442 LARKIN, HOFFMAN, DA EXCELSIOR FIRE DEPT JNT POWE 7/25/00 357065 $87.50 TOTAL FOR LARKIN, HOFFMAN, DALY... $8,766.87 28443 MTI DISTRIBUTING CO IRRIGATION REPAIR PARTS 7/25/00 27972-00 $6.28 TOTAL FOR MTJ DISTRIBUTING COMPANY 56.28 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $155.97 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $51.64 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $57.63 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $103.28 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $110.29 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $110.86 28444 MCLEOD USA JUNE 2000 PHONE BILLS 7/25/00 5570985 $480.23 TOTAL FOR ll-fCLEOD USA $1,069.90 28445 METRO COUNCIL ENVI AUG 2000 W ASTEW A TER SVC 7/25/00 000707826 $23,324.00 TOTAL FOR METRO COUNCIL ENr-1RONMENT 523,324.00 . 28446 METRO COUNCIL ENVI JUNE 2000 SAC REPT 7/25/00 $5,445.00 TOTAL FOR METRO COUNCIL ENVIRONMENT 55,445.00 28447 OFFICE DEPOT SUPPLIES 7/25/00 101229449-0 $2.18 28447 OFFICE DEPOT SUPPLIES 7/25/00 101881670 ($38.31 ) 28447 OFFICE DEPOT OFFICE SUPPLIES 7/25/00 102697410 $55.51 28447 OFFICE DEPOT OFFICE SUPPLIES 7/25/00 102697410 $273.75 TOTAL FOR OFFICE DEPOT $293.13 28448 MINNESOTA DEPT OF 2ND QTR 2000 WATER CONNECTIO 7/25/00 $1,425.00 TOTAL FOR MINNESOTA DEPT OF HEALTH $1,425.00 28449 WM. MUELLER & SONS BLACKTOP 7/25/00 070100 STM $3,600.75 TOTAL FOR WM. MUELLER & SONS, INC $3,600.75 28450 MUNITECH, INC. AUG 2000 SVCS 7/25/00 7499 $2,840.00 28450 MUNITECH, INC. AUG 2000 SVCS 7/25/00 7499 $4,260.00 TOTAL FOR MUNITECH,INC $7,100.00 . 28451 NORTHERN STATES P 7/25/00 $2,211.49 28451 NORTHERN STATES P STREET LIGHTS 7/25/00 $2,434.66 28451 NORTHERN STATES P L1Q #2 7/25/00 $631.46 28451 NORTHERN STATES P 7/25/00 $140.67 28451 NORTHERN STATES P 7/25/00 $110.96 28451 NORTHERN STATES P 7/25/00 $94.49 28451 NORTHERN STATES P 7/25/00 $87.75 28451 NORTHERN STATES P 7/25/00 $15.21 28451 NORTHERN STATES P 7/25/00 $10.71 28451 NORTHERN STATES P 7/25/00 $3.14 28451 NORTHERN STATES P 7/25/00 $98.91 28451 NORTHERN STATES P SPRINKLERS/FREEMAN PK 7/25/00 $33.69 TOTAL FOR NORTHERN STATES POWER 55,873.14 28452 WELLS FARGO BROKE SR CTR LEASE PYMT 7/25/00 $18,771.97 TOTAL FOR WELLS FARGO BROKERAGE SVCS LLC 518,771.97 28453 ORONO, CITY OF JULY 2000 ANIMAL CONTROL 7/25/00 1126-00 $1,427.75 TOTAL FOR ORONO, CITY OF $1,427.75 28454 PAWS, CLAWS & HOOV JULY IMPOUNDS 7/25/00 $988.32 Jill)' Page 50f8 Check # Vender Name Descriptioll Check Date /Ilvoice # Amount TOTAL FOR PAWS, CLAWS & HOOVES PET 5988.32 28455 SCANTRON LASERWRITER PRO 630 PRINTER C 7/25/00 10606796 $310.00 TOTAL FOR SCANTRON 53IO.00 28456 SAM'S CLUB 7/25/00 $117.85 28456 SAM'S CLUB 7/25/00 $48.97 28456 SAM'S CLUB 7125100 $10.64 28456 SAM'S CLUB 7/25/00 $10.64 28456 SAM'S CLUB 7/25/00 $10.64 TOTAL FOR SAM'S CLUB 5198.74 28457 VIKING LAND TREE CA DAMAGED TREE/BRUSH REMOVAL 7/25/00 1848 $622.75 28457 VIKING LAND TREE CA BRUSH REMOVAL 7/25/00 1856 $450.00 TOTAL FOR VIKING LAND TREE CARE INC $1,072.75 28458 SO LK MTKA POLICE 0 AUG 2000 MONTHLY BUDGET 7/25/00 $43,276.00 28458 SO LK MTKA POLICE 0 COURT OT 2ND QTR 2000 7/25/00 $628.41 28458 SO LK MTKA POLICE 0 SPECIAL DETAILS- 5/1 - 6/30 7/25/00 $340.56 TOTAL FOR SO LK MTKA POLICE DEPT $44,244.97 28459 SUN PATRIOT NEWSP AMEND ZONING CODE-GUP ACCES 7/25/00 111-114 $22.47 28459 SUN PATRIOT NEWSP V ACA TE SEWER-27820 ISLAND VIE 7/25/00 111-114 $26.22 28459 SUN PATRIOT NEWSP CUP - FILL 27820 ISLAND view RD 7/25/00 111-114 $26.22 . 28459 SUN PATRIOT NEWSP AMENDMENT SHOREWOOD ZONIN 7/25/00 111-114 $22.47 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $97.38 28460 TONKA BAY-CITY OF 2ND QTR 2000 UTILITY BILLS 7/25/00 $101.94 28460 TONKA BAY-CITY OF 2ND QTR 2000 UTILITY BILLS 7/25/00 $249.00 28460 TONKA BAY-CITY OF 2ND QTR 2000 UTILITY BILLS 7/25/00 $265.75 TOTAL FOR TONKA BAY-CITYOF 5616.69 28461 TWIN CITY WATER CLI BACTERIA ANALYSIS - JUNE 2000 7/25/00 6568 $20.00 TOTAL FOR TJVINCITr WATER CLINIC 520.00 28462 VISU-SEWER CLEAN & CONTRACT FOR III REDUCTION 7/25/00 13812 $4,171.90 TOTAL FOR nSU-SEWER CLEAN & SEAL, $4,171.90 28463 WASTE TECHNOLOGY, 8 YRD DUMPSTER 7/25/00 32575 $152.25 TOTAL FOR WASTE TECHNOLOGY, INC. 5152.25 28464 WSB AND ASSOCIATE FREEMAN PK SHELTER/UTILITY EX 7/25/00 01074-370-1 $4,195.55 TOTAL FOR WSB AND ASSOCIA TES $4, I 95. 55 28465 BELLBOY CORPORA TI 7/25/00 19191100 $106.68 . 28465 BELLBOY CORPORATI 7/25/00 19191200 $106.68 28465 BELLBOY CORPORATI 7/25/00 19192300 $106.68 28465 BELLBOY CORPORATI 7/25/00 19223800 $189.70 28465 BELLBOY CORPORATI 7/25/00 19223900 $250.90 28465 BELLBOY CORPORATI 7/25/00 19315800 $272.25 28465 BELLBOY CORPORATI 7/25/00 19315900 $276.95 28465 BELLBOY CORPORATI 7/25/00 19316000 $894.80 TOTAL FOR BELLBOY CORPORATION 52,204.64 28466 BELLBOY BAR SUPPLY 7/25/00 32093600 $10.75 28466 BELLBOY BAR SUPPLY 7/25/00 32093600 $74.44 28466 BELLBOY BAR SUPPLY 7/25/00 32094100 $204.29 28466 BELLBOY BAR SUPPLY 7/25/00 32094100 $102.24 28466 BELLBOY BAR SUPPLY 7/25/00 32121200 $37.81 28466 BELLBOY BAR SUPPLY 7/25/00 32121300 $36.31 28466 BELLBOY BAR SUPPLY 7/25/00 32125900 ($42.54) 28466 BELLBOY BAR SUPPLY 7/25/00 32127200 ($27.25) 28466 BELLBOY BAR SUPPLY 7/25/00 32172000 $37.76 28466 BELLBOY BAR SUPPLY 7/25/00 32193100 $33.47 Page 60f8 Check # Vender Name 28467 28467 28467 28468 28468 . 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 28470 . 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 28472 Descriptio" Check Date Invoice # TOTAL FOR BELLBOY BAR SUPPL Y MIDWEST COCA-COLA 7/25/00 063000STMT MIDWEST COCA-COLA 7/25/00 063000STMT MIDWEST COCA-COLA 7/25/00 063000STMT TOTAL FOR MIDWEST COCA-COLA BOTTLIN DAHLHEIMER DIST INC 7/25/00 69214 DAHLHEIMER DIST INC 7/25/00 69215 TOTA.L FOR DAHLHEIMER DIST INC GRIGGS, COOPER & C 7/25/00 234411 GRIGGS, COOPER & C 7/25/00 234412 GRIGGS, COOPER & C 7/25/00 234429 GRIGGS, COOPER & C 7/25/00 235268 GRIGGS, COOPER & C 7/25/00 235271 GRIGGS, COOPER & C 7/25/00 235286 GRIGGS, COOPER & C 7/25/00 238534 GRIGGS, COOPER & C 7/25/00 238535 GRIGGS, COOPER & C 7/25/00 238536 GRIGGS, COOPER & C 7/25/00 238537 GRIGGS, COOPER & C 7/25/00 238544 GRIGGS, COOPER & C 7/25/00 238545 GRIGGS, COOPER & C 7/25/00 241266 GRIGGS, COOPER & C 7/25/00 241267 GRIGGS, COOPER & C 7/25/00 241270 GRIGGS, COOPER & C 7/25/00 241271 GRIGGS, COOPER & C 7/25/00 241271 GRIGGS, COOPER & C 7/25/00 241286 GRIGGS, COOPER & C 7/25/00 241287 GRIGGS, COOPER & C 7/25/00 241287 GRIGGS, COOPER & C 7/25/00 540013 TOTAL FOR GRIGGS, COOPER & COIl,fPANY JOHNSON BROS L1QU 7/25/00 1131500 JOHNSON BROS L1QU 7/25/00 1131500 JOHNSON BROS L1QU 7/25/00 1131501 JOHNSON BROS L1QU 7/25/00 1131501 JOHNSON BROS L1QU 7/25/00 1131502 JOHNSON BROS L1QU 7/25/00 1131502 JOHNSON BROS L1QU 7/25/00 1132350 JOHNSON BROS L1QU 7/25/00 1132351 JOHNSON BROS L1QU 7/25/00 1132352 JOHNSON BROS L1QU 7/25/00 1134634 JOHNSON BROS L1QU 7/25/00 1134634 JOHNSON BROS L1QU 7/25/00 1134635 JOHNSON BROS L1QU 7/25/00 1134635 JOHNSON BROS L1QU 7/25/00 1134636 JOHNSON BROS L1QU 7/25/00 1134636 JOHNSON BROS L1QU 7/25/00 1136760 JOHNSON BROS L1QU 7/25/00 1136760 JOHNSON BROS L1QU 7/25/00 1136761 JOHNSON BROS L1QU 7/25/00 1136761 JOHNSON BROS L1QU 7/25/00 1136762 JOHNSON BROS LIQU 7/25/00 1136762 JOHNSON BROS L1QU 7/25/00 124887 JOHNSON BROS L1QU 7/25/00 124888 JOHNSON BROS LIQU 7/25/00 126023 Jill}' 20, 2000 Amount $467.28 $440.64 $249.24 $349.52 $1,039.40 $604.00 $236.80 $840.80 $577.37 $202.89 $143.18 $1,637.30 $642.81 $467.01 $1,820.47 $716.63 $207.42 $1,439.25 $1,003.56 $154.09 $657.83 $628.09 $313.32 $16.36 $229.88 $180.04 $65.44 $278.29 ($109.21) $11,272.02 $532.94 $892.65 $1,152.37 $1,743.00 $240.50 $410.87 $84.95 $369.90 $169.90 $482.70 $875.13 $2,083.81 $687.40 $353.45 $1,041.98 $90.85 $647.37 $543.60 $1,445.31 $379.20 $544.73 ($6.23) ($5.75) ($16.85) Page 7 Check # Vender Name Description Check Date Invoice # Amount 28472 JOHNSON BROS L10U 7/25/00 126201-203 ($21.44) TOTAL FOR JOHNSON BROS LIQUOR CO. $14,722.34 28473 LAKE REGION VENDIN 7/25/00 8420 $285.70 28473 LAKE REGION VENDIN 7/25/00 8421 $257.13 28473 LAKE REGION VENDIN 7/25/00 8422 $628.54 28473 LAKE REGION VENDIN 7/25/00 8440 $228.56 28473 LAKE REGION VENDIN 7/25/00 8441 $343.16 28473 LAKE REGION VENDIN 7/25/00 8442 $228.56 28473 LAKE REGION VENDIN 7/25/00 8461 $114.28 28473 LAKE REGION VENDIN 7/25/00 8462 $171.42 28473 LAKE REGION VEND IN 7/25/00 8463 $371.41 TOTAL FOR LAKE REGION VENDING $2,628.76 28474 PHILLIPS WINE & SPIRI 7/25/00 3218422-842 ($26.08) 28474 PHILLIPS WINE & SPIRI 7/25/00 621231 $2,252.55 28474 PHILLIPS WINE & SPIRI 7/25/00 621232 $17.20 28474 PHILLIPS WINE & SPIRI 7/25/00 621232 $3,054.05 28474 PHILLIPS WINE & SPIRI 7/25/00 621233 $374.08 28474 PHILLIPS WINE & SPIRI 7/25/00 621233 $1,023.50 28474 PHILLIPS WINE & SPIRI 7/25/00 623719 $66.00 28474 PHILLIPS WINE & SPIRI 7/25/00 623719 $483.58 28474 PHILLIPS WINE & SPIRI 7/25/00 623720 $66.00 28474 PHILLIPS WINE & SPIRI 7/25/00 623720 $202.20 28474 PHILLIPS WINE & SPIRI 7/25/00 623720 $676.43 28474 PHILLIPS WINE & SPIRI 7/25/00 623721 $33.00 28474 PHILLIPS WINE & SPIRI 7/25/00 623721 $483.58 28474 PHILLIPS WINE & SPIRI 7/25/00 625480 $75.00 28474 PHILLIPS WINE & SPIRI 7/25/00 625480 $823.25 28474 PHILLIPS WINE & SPIRI 7/25/00 625481 $1,055.00 28474 PHILLIPS WINE & SPIRI 7/25/00 625482 $102.45 28474 PHILLIPS WINE & SPIRI 7/25/00 625482 $531.40 28474 PHILLIPS WINE & SPIRI 7/25/00 626378 $93.00 TOTAL FOR PHILLIPS "lNE & SPIRITS $1/,386.19 28475 WINE MERCHANTS 7/25/00 30786 $280,70 28475 WINE MERCHANTS 7/25/00 30787 $710.10 28475 WINE MERCHANTS 7/25/00 30788 $82.70 TOTAL FOR WINE MERCHANTS $1,073.50 28476 MINNESOTA UC FUND 2ND OTR 2000 - A. COLE UNEMPLO 7/25/00 $1,302.04 TOTAL FOR MINNESOTA UC FUND $1,302.04 28477 TONKA SAY-CITY OF 1999 % rent 7/25/00 $6,142.00 TOTAL FOR TONKA BA Y-CITY OF $6,142.00 TOTAL CHECKS $419,749.12 - -- U = :::I ~O wac;,,) ~~ CL) __ pc:.,) 2woc::s c:a. 0 c:a. ;:') <9: Q.) .. o .c:I c;I.) (J') ~ Z :::l o :i: ~ w < a Thursday, JIIly Page 8 of8 . . ., Payroll Register Check # Last Name First Name MI Check Amt Check Date 215708 BROWN LAWRENCE A 1,734.86 7/18/00 215709 BUHL SUSAN E 27.10 7/18/00 215710 BURTON BONNIE M 424.56 7/18/00 215711 CARIGNAN DEANN M 28.63 7/18/00 215712 CARLSON ERIK M 423.00 7/18/00 215713 CUNNINGHA AIMEE R 230.07 7/18/00 215714 DAVIS CHARLES S 985.86 7/18/00 215715 DUFFY DA VID C 121.67 7/18/00 215716 EHRKE DANIEL D 162.3 7 7/18/00 215717 EISCHENS JAMES E 216.08 7/18/00 215718 ELKE CATHERINE M 724.36 7/18/00 215719 FASCHING PATRICIA L 685.51 7/18/00 215720 FLEMMING JAMES D 102.19 7/18/00 215721 GARFUNKEL JOHN J 184.70 7/18/00 . 215722 GROUT TWILA R 830.96 7/18/00 215723 GUSTAFSON DA VID W 194.11 7/18/00 215724 HELLING PAMELA J 711.63 7/18/00 215725 HIRSCH DANA M 64.42 7/18/00 215726 HUTTNER JASON P 42.95 7/18/00 215727 JOHNSON DENNIS D 1,016.07 7/18/00 215728 KALLEST AD STEPHEN N 854.39 7/18/00 215729 KARELS PAUL C 132.84 7/18/00 215730 KARELS STEVE 143.14 7/18/00 215731 LATTERNER SUSAN M 380.83 7/18/00 215732 LEDWITH JAMES R 100.20 7/18/00 215733 LIZEE CHRISTINE G 184.70 7/18/00 215734 LOVE CLIFFORD W 220.07 7/18/00 . 215735 LUGOWSKI JOSEPH P 986.33 7/18/00 215736 MARRON RUSSELL R 22.21 7/18/00 215737 MASON BRADLEY J 997.91 7/18/00 215738 NICCUM LAWRENCE A 1,236.57 7/18/00 215740 PANCHYSHY JEAN M 1,105.14 7/18/00 215741 PAZANDAK JOSEPH E 1,292.19 7/18/00 215742 POUNDER CHRISTOPHER J 1,036.79 7/18/00 215743 RANDALL DANIEL J 1,012.29 7/18/00 215744 SCHMID CHRISTOPHER E 496.61 7f18/00 215745 SCHNEEWIN JACQUELYN K 871.29 7/18/00 215746 STALBERGE PATRICIA A 119.41 7/18/00 215747 STOVER KRISTI 184.70 7/18/00 215748 SW ANDBY DONALD R 1,108.19 7/18/00 215749 WEIDLING LAUREL A 51.90 7/18/00 Thursday, July 20, 2000 Page 1 of2 . , Check # Last Name First Name MI Check Amt Check Date 215750 WHITE BRYAN 270.64 7/18/00 215751 ZERBY MICHAEL S 184.70 7/18/00 215752 NIELSEN BRADLEY J 959.05 7/18/00 Total of Checks S22,863.19 Approved by Shorewood City CouDcil AMOUNT $ DATE . Thursday, July 20, 2000 Page 2 of2