The URL can be used to link to this page

082399 CC Reg AgP '\l CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 23, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. At 6:40 p.m. the City Council will interview a candidate for the Land ConservationlEnvironment Committee in the Conference Room at City Hall. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love Stover Garfunkel Lizee Zerby B. Review Agenda C. Presentation of Appreciation to Chuck Cochran 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 9, 1999 (Att...#2A Minutes) B. City Council Executive Session Minutes August 16, 1999 (Att...#2B Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Installation of PCS Antennas (Att.-#3A Proposed Resolution) Applicant: APT Minneapolis, Inc. (Aerial Communication) Location: 26352 Smithtown Rd (Water Tower at Minnewashta School) B. A Motion to Establish Fall Oean-up Date as Saturday, October 30, 1999 (Att-#3B Engineer's Memorandum) C. A Motion to Approve a Block Party Request for Brynmawr Place to be Held Sunday, September 19 from 3:00to 6:00 p.rn. (Att.-#3C Party Application) D. A Motion to Adopt a Resolution Providing for Delinquent Utility Charges to be Levied (Att.-#3D Proposed Resolution) I I L~ CITY COUNCIL AGENDA. AUGUST 23, 1999 PAGE20F4 E. A Motion Authorizing the Hiring of an Assistant Liquor Operations Manager (Att.-#3E Staff Memorandum) F. A Motion to Adopt a Resolution Establishing Pay Ranges For Shorewood Liquor Operations (Att.-#3F Proposed Resolution) G. A Motion to Approve Request by Terry Dahlstrom to Plant Trees on Public Property (Att.-#3G Planner's Memorandum) H. A Motion to Adopt a Resolution Authorizing Advertisement for Bids for a Dump Truck (Att.-#3H Proposed Resolution) NOTE: Give the public an opportunity to request an item be removedfrom the Consent Agenda. Comments can be taken or questions asked following removalfrom Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on Park Commission Meeting Held August 10, 1999 (Att.-#5A Draft Minutes) B. Consideration of Approving South Tonka Baseball's Proposed Improvements to Field #2 in Freeman Park 6. PLANNING - Report by Representative A. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance (Att.-#6A Draft Ordinance) B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Multi-Purpose Building at Freeman Park (Att.-#6BPlanner's Memorandum) Applicant: City of Shorewood Location: 25800 Highway 7 C. A Motion to Direct Staff to Prepare Fmdings of Fact Regarding a Conditional Use Permit for Accessory Building (Att.-#6C Planner's Memorandum) Applicant: Excelsior Covenant Church Location: 19955 Excelsior Blvd RON JOHNSON August 15, 1999 ~~~~n,W7~~r :~ AUG 181999 ~: ! By I 5355 Shady Hill Circle Shorevvood,~ 55331 City Council City of Shorevvood 5755 Country Club Rd. Shorevvood,~ 55331 Tel: (612) 474-8171 RE: Notice of Proposed Assessment dated August 11, 1999. Dear Council Members: As a threshold matter, your notice is dated the day vve had a district court hearing. Notvvithstanding, the assessment itself is inappropriate for among the foIlovving reasons: 1. The $300 quarterly sump pump penalties, imposed because I did not submit to a City search of my home, vvere discussed with the former City Attorney, Thomas Humphrey. He opined it should not be imposed nor a search conducted vvhile litigation vvas pending involving fact witnesses in charge of the search and hostile tovvard me. This opinion vvas confirmed by the City Clerk by letter. Notvvithstanding, City Hall continued to impose the penalties and demanded the search be conducted. 2. The litigation began in 1991 and continued after Mr. . Humphrey urged settlement. The City flatly refused to negotiate and demanded I get nothing for the City's flooding and 1984 taking. In 1998 the then nevv City Attorney, John Dean, of Kennedy & Graven, opined the City ovved an additional $45,000 (min.) to $190,000 (max.), approximately, on the jury avvard for costs, disbursements and interest. I offered to split the difference. The City declined. The issue is currently pending before the court. 3. The City knevv there vvas, and is, no probable cause for the City to search my home. The stated purpose is to discover footing drain ground vvater infiltration into the City's sanitary sevver system. My home sits on a hilltop with a vvalkout basement. The footings drain over the vvest hill side. This vvas observed by Mr. Humphrey vvhen he visited my home, along with my attorney, at which time the search demand vvas discussed. This drainage vvould have been observed also by the former City engineer, Joel Dresel, vvhen he surveyed the drainage patterns of my home pursuant to assessment for the Shady Hills storm sewer improvement project. I don't believe hostile government, having police povvers, and knovving it has no probable cause, can rightfully demand to search one's home without a court order. Bottom line, I have no sump pump and the City knevv I have no need for a sump pump. 4. Finally, vvhen the City in 1998 sought assessment for the penalties I offered a compromise. I suggested an elected official conduct the search. As indicated, this is important because City Hall, responsible for the taking and promoting the litigation, vvas placed in charge of 1 the search. The City Council authorized Mayor Dahlberg to perform the search. When I agreed, the Council apparently withdrevv the authorization at the request of City Hall. Kindly expunge the penalties and furnish an accounting of the other charges. Those vvill be promptly paid less any late charges. I had requested such an accounting pursuant to the City's 1998 notice of proposed assessment. At that time, Mayor Dahlberg indicated there vvas nothing ovved but, indeed, a credit due. (I had paid sump pump penalties before Mr. Humphrey opined I had no such obligation vvhile litigation vvas pending). Respectfully yours, ~~ Ron Johnson PS: I copy the City Assessor. He recently inspected my home, inside and out, as an employee of Hennepin County prior to accepting his current City position. I also copy the City attorney handling the pending litigation and the nevv City Engineer. c: Tom Carroll, City Assessor Gary A. VanCleve, Attorney Larry Brovvn, City Engineer . ~. ,; 2 . . Executive Summary - City Council meeting of August 23, 1999 Agenda Item #60: William Dickson requests a conditional use permit to construct a detached garage at the rear of his property, located at 26245 Birch Bluff Road. The garage, combined with existing accessory structures on the site, puts the amount of accessory space on the site over 1200 square feet. The Planning Commission voted to recommend approval of this request, subject to several conditions. A motion to direct staff to prepare findings of fact is necessary. Agenda Item #6E: The Planning Commission voted to recommend approval of a conditional use permit and setback variance to build on a substandard lot on Enchanted Drive. The latest plans are far better than the ones that were approved several years ago. The applicant was commended for fitting the proposed house into a relatively difficult site. The Council should direct staff to prepare a findings of fact Agenda Item #7 A: This is a resolution commending Lieutenant Dennis Siegfried for his many years of service to the City of Shorewood on the Shorewood Police Department and the South Lake Minnetonka Public Safety Department. Agenda Item #7B: Councilmember Lizee has meet with Police Chief Litsey to address questions regarding the Police Department budget. The budget was distributed in the last meeting packet and is not therefore included in this packet. If there are further questions, contact us at the head of the meeting or we certainly can page Chief Litsey and have him come to the meeting. Agenda Item #7C: Please review the memorandum in the packet regarding the licensing of tobacco retailers in Shorewood. It explains why this is being considered and identifies specific issues for the Council to make decisions on. Agenda Item #70: Should the City Council wish to approve the appointment of the person being interviewed before the City Council meeting, a resolution making the. appoIntment to the Land Conservation I Environment Committee is enclosed in the packet. Agenda Item #8A: Bids were received and tabulated for the Noble Road Reconstruction Project I Senior Center Drainage on Wednesday, August 18, 1999 at 10:00 a.m. The bids received were substantially higher than what was expected. At the time of publishing, bids were still being analyzed as to whether to proceed or reject the bids. If rejected, this project would be re-bid in February, 2000 for spring construction. Final recommendations will be forwarded to the City Council under separate cover to allow additional time to analyze the bids received. 3 Executive Summary - City Council meeting of August 23, 1999 Agenda Item #8B: Bids were received and tabulated for the Old market Road Retaining Wall Repair Project on Wednesday August 18, 1999 at 10:30 a.m. The low bid was received by Jay Bros. Inc. for an amount of $33,172.50 as compared to the engineer's estimate of $37,375.00. Jay Bros. Inc. has worked in the City of Shorewood previously as the general contractor for the Shady Island Bridge Replacement Project. This contractor is found to be responsible and capable of such work. Staff is recommending approval of the resolution which authorizes award of the contract in the amount of $33,172.50 to Jay Bros. Inc. for the Old market Road Retaining Wall Repair Project. Agenda Item #8C: In accordance with Minnesota State Statute, municipalities must authorize advertisement of bids, advertise, and conduct a public bid opening for contracts in the amount of $25,000 or greater. In the interest of time, the Legislature recently passed a bill allowing municipalities to be exempt from this procedure, for contracts or purchases that can be applied to the Y2K issue. The attached resolution allows the City to purchase a generator by quotes versus formal bidding processes. Staff is recommending approval . of the resolution which exempts the purchase of a generator from the Uniform Municipal Contracting Law. Agenda Item #8D: Quotes were received for the purchase of a generator as a backup power supply to the City's sanitary sewer lift stations and wells. The low bid was received by Alliance Energy System out of Chanhassen, MN. Bids were very close with the low bid received at an amount of $43,039.85. Staff is recommending approval of the resolution which awards the bid to Alliance Energy Systems for the generator. . 4 \}' fI II . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 9, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES D".\ t) ,~":< J..~. l..'i1Fr III !lI4''''', .'~ 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love, Councilmembers Stover, Garfunkel, Lizee, and Zerby; Administrator Hurm; City Attorney Keane; Director of Public Works Larry Brown; and Planning Director Brad Nielsen B. Review Agenda Mayor Love read the Agenda for August 9, 1999. Hurm noted Chuck Cochran was not able to attend the meeting this evening, and the presentation will take place at the next meeting. Councilmember Lizee asked that item 3A be moved to item lOB for discussion purposes. Garfunkel moved, Lizee seconded to approve the agenda as amended. Motion passed 5..0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - July 19, 1999 Garfunkel moved, Zerby seconded approving the City Council Work Session Meeting Minutes of July 19, 1999 as amended: Page 2, No.3, as this seems to pit neighbors against each other... is removed. Motion passed 4-0-1. Stover abstained from voting. B. City Council Work Session Meeting Minutes - July 26, 1999 Garfunkel moved, Stover seconded approving the City Council Work Session Meeting Minutes of July 26, 1999 as written. Motion passed 5-0. C. City Council Regular Meeting Minutes - July 26, 1999 Stover moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of July 26, 1999 as amended: Page 5, Requests from Southshore, last sentence: "the Southshore Center should be compensated from any penalty for any inconvenience over the past few years..."Page 8, No. 12, second sentence in the fIrSt paragraph, amend to read: period after "occupant in the house." Page lOB, "outside funding;" Page 11, last paragraph, amend to read: needs a Staff Reports heading; Page 4, second paragraph, amend to read: remove the word "and." Motion passed 5..0. .',,. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 1999 . PAGE 2 D. City Council Executive Session Meeting Minutes. July 26, 1999 Garfunkel moved, Stover seconded approving the City Council Executive Session Meeting Minutes of July 26, 1999 as written. Motion passed 5.0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein: A. TIDS ITEM WAS DISCUSSED AS ITEM lOB . A Motion to Adopt a Resolution Authorizing Advertisement for Bid for Bituminous Overlay. B. A Motion Adopting RESOLUTION NO. 99..060, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet." . Motion passed 5.0. 4. MATTERS FROM THE FLOOR Scott Gysland, 4812 Ferncroft Drive, requested an extension on the condemnation and repair in order to get more time to secure financing. Mayor Love stated he can be empathetic about an extension and asked Gysland what timeframe he had in mind. Gysland discussed his concerns about the work needed on the site. Planning Director Nielsen stated he was skeptical about the notion of repairing the house. He believed an analysis of what the repair might involve should be done to determine whether the structure has been destroyed to more than fifty percent of its value. He was concerned about the occupancy of the structure. He did not have a problem with an extension. Mayor Love was also concerned about the safety. If an extension is granted, a specific timeframe . should be identified. He asked if an extension to the end of August would meet Gysland's needs. . Gysland requested a thirty day extension and discussed his problems with the current realtor. Mayor Love stated he could support a thirty day extension. He also believed the City Attorney should proceed on what the next steps would be after that point. Councilmember Garfunkel asked how many people are living in the house. Gysland stated he is the only one living on the one side and only under the good part of the roof. Councilmember Garfunkel was concerned about the ability to secure financing and the safety of the building. He wondered how quickly the building could become unoccupied for safety reasons. He preferred the building become unoccupied by the extension date. . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 3 Councilmember Stover asked how long it would take to determine if fifty percent of the building's value has been destroyed. Planning Director Nielsen discussed the procedure. He noted if more than fifty percent has been destroyed, the building should not be reconstructed. Mayor Love suggested this should be done before an appraisal is done. Gysland stated he is looking at selling the property to be virtually torn down. Councilmembers discussed the request. City Attorney Keane noted the ten day order to secure expires the end of this week, and Gysland has ten days to respond. He expected within a week following that, it could conceivably be heard the first week in September. Zerby moved, Lizee seconded to extend the request thirty days from today for compliance for repair or removal. Motion passed 5-0. 5. PLANNING REPORTS Planning Director Nielsen reported the Planning Commission representative could not attend this evening. He stated that the Planning Commission held four public hearings on August 3, 1999. The Commission recommended approval of a conditional use permit for a multi-purpose building at Freeman Park. The Planning Commission also recommended in favor of a conditional use permit for Excelsior Covenant Church to build garage for their church van. The third item was for a conditional use permit of an accessory building in excess of 1,200 square feet for William Dickson. The final request was to build on a substandard lot on Enchanted Island. The plans submitted by Victoria McConnell are greatly improved over a previously approved conditional use permit and variance from 1995. All four of these items will appear on the August 23 Council agenda. A. A Motion to Direct Staff to Prepare Findings of Fact Regarding Conditional Use Permit for Installation of PCS Antennas Applicant: APT Minneapolis, Inc. (Aerial Communication) Location: 26352 Smithtown Road (Water Tower at Minnewashta School) CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 1999 - PAGE 4 There were no public comments. Councilmember Garfunkel noted the Board of Education did not think the antennas were a desirable use. Councilmember Lizee asked if the antennas were the whip kind. Mr. Roark discussed the construction of the antennas. Councilmember Stover asked if the location would make a difference on the projected emissions. Mr. Roark stated the number rather the location would determine emission projections. Council member Zerby asked if it is preferential or desired to be in a C Zone. Planning Director Nielsen stated the zoning ordinance indicates it is preferable. The west end of . town will need some kind of location despite the fact it is entirely residential. When the telecommunications code was adopted, public property was identified as another location. Councilmember Garfunkel asked if the only location remaining would then be on top of the tower. Engineer Brown noted typically two providers can be located on the stem. One could then be located on the top. Planning Director Nielsen suggested this provider be allowed to place their antennas on the stem. Zerby asked if the School Board's undesirable recommendation would be cause enough to deny this request. City Attorney Keane stated the Council is required to look at this as a land use application. There would need to be substantial recommendations on the record supporting an adverse motion. He stated he hasn't heard anything on the record to support this. Zerby moved, Lizee seconded to direct staff to prepare Findings of Fact and staff . recommendations supporting approval of the conditional use permit for installation of PCS Antennas. Motion passed 5-0. B. A Motion to Adopt an Ordinance Amending the L-R, Lakeshore Recreational District Section of the Shorewood Zoning Ordinance Planning Director Nielsen discussed the Planning Commission's work revising the Lakeshore Recreational District Section of the zoning ordinance. He noted an issue arose when the Comprehensive Plan was revised which identified the need to revise this section. The Planning Commission believed there was merit in revising rather than eliminating the section. He discussed the summary of proposed revisions which are intended to make it more feasible for existing nonconforming sites to comply with the requirements of the District. He explained the conditional use permit process and licensing procedure which would serve as a dual control on the uses. He discussed specific changes to the code which would regulate single family residence, square footage, screening and landscaping of outdoor storage, number of slips, dry storage, entry drives and annual license requirements. . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 1999- PAGE 5 Nielsen reviewed additional revisions identifying the sensitivity of Gideon's Bay and control of motorized boats in the bay and the sale of gas at the marinas. Language was added to limit the sale of gas to slip owners only. John Cross, Minnetonka Moorings dba Shorewood Yacht Club, stated he is generally in favor of going forward with an application under the new ordinance. He was concerned about parking setbacks from the lake. Bob Rascop, LMCD Representative hoped the ordinance would not get too restrictive on the sale of gas to lake users. Councilmember Lizee stated it might be important to reinsert something about lighting in the ordinance. She stated it was deleted. Planning Director Nielsen agreed it would be a good idea. In response to a question from Zerby, Planning Director Nielsen stated there is a third marina out on Enchanted Island. He noted it is surrounded by residential uses, the site is substandard, and the road is quite narrow. Nielsen suggested that this be a first reading and that a final draft would be prepared for the August 23 meeting. Councilmember Stover asked for clarification on what authority the City has to regulate the type of boats. Planning Director Nielsen explained the language. Councilmembers discussed the language in detail and suggested minor revisions on page one. Lizee moved, Zerby seconded to move Item 9 for the next discussion item. Motion passed 5-0. 9. CONSIDERATION OF REQUEST REGARDING VARIANCE/SUBDIVISION. STEVE PAHL Planning Director Nielsen discussed the applicant's desire to not spend any money until he knows whether his request would be considered favorably. Steve Pahl, 24860 Smithtown Road, stated he is not requesting to bypass the variance procedure. He stated staff informed him his chances of having the flag lot approved are minimal. He asked why the City is against flag lots. Mayor Love stated the variance procedure requires a certain process to follow. Pahl was concerned about the survey expense. City Attorney Keane cautioned the Council on giving an indication of which way an application would go that isn't before them. Pahl stated he would be willing to have a survey done, but he didn't believe it should be required until the final step. He stated he would like to go before the Planning Commission with just the basic information. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 1999 - PAGE 6 Mayor Love asked what the requirements consist of. Planning Director Nielsen explained the purpose of the requested survey. He also discussed statutory requirements for public hearing notices. Councilmember Lizee stated she would hesitate to deviate from what is required for a variance. Mayor Love asked if there was a motion supporting a change in the requirements. There was no motion. 6. LMCD REPORT BY BOB RASCOP ON 2000 PROPOSED BUDGET AND CURRENT ISSUES Bob Rascop, LMCD Representative, discussed the 2000 proposed budget. A public hearing will be held on Wednesday, August 11 to discuss the budget. He discussed the four basic funds. Two are tax levy supported, and two are created through donations. He discussed the funds. He explained the taxing capacity of the individual cities determines how much each city contributes. He noted . Shorewood will be asked to contribute $21,000.00 toward the budget in 2000. He discussed expenses and revenues. City Administrator Hurm discussed Shorewood's contribution. In response to a question from Mayor Love, Rascop stated the issue has always been density. He explained how the LMCD controls density on the lake. He stated there is a lot of opposition from marina owners to the proposed change in density. Mayor Love suggested Rascop give regular reports to the City Council. Mayor Love recessed the meeting at 9:00 p.m. and reconvened at 9: 13 p.m. 7. CONSIDERATION OF A MOTION ESTABLISHING WORK SESSION DATES TO DISCUSS 2000 BUDGET City Administrator Hurm suggested Monday, August 30 as a work session date to discuss the 2000 budget at 7:00 p.m. Council members concurred. . 8. CONSIDERATION OF A MOTION REGARDING SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BUDGET REQUEST FOR 2000 City Administrator .lIurm noted Shorewood's share of the budget would be increased a little over 6%. A Shorewood officer would become part of the SLMPSD. An upgrade of the copy machine and voicemail system are proposed. Councilmember Stover asked how much we pay toward the Shorewood officer presently. City Administrator Hurm noted it is $69,200 which is offset by grant money. He stated $54,502 would be increased by $15,000 next year, because we wouldn't have the grant. The bottom line increase next year would be $6,500. He discussed budgeting for overtime for the police officer. Councilmember Stover stated she would like to find out how much the officer has been perfonning Shorewood duties. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 7 Mayor Love stated this will better target having access to the officer. The overtime usage will provide better access to the officer when we need him. Councilmember Lizee had additional questions about the budget. Mayor Love suggested the budget be approved. He suggested the Chief attend the next meeting or Councilmembers could meet with him prior to the next meeting~, 10. CONSIDERATION OF A MOTION TO AOOPT A RESOLUTION DESIGNATING A SCHOOL SPEED ZONE ON SMITHTOWN ROAD Engineer Brown stated the City has received requests over the past year to consider a school zone speed limit on Smithtown Road. He stated the possibility exists to establish a speed limit twenty miles below the posted speed limit but not less than fifteen miles per hour. He stated staff is recommending advanced signage and signage establishing the speed limit be installed, and a school crossing at Strawberry Lane. He stated the speed limit can only be in effect when school children are present. . Councilmember Lizee stated she is very encouraged by this and was very concerned about traffic in the area. She stated a school patrol program is proposed in the area as well. Councilmember Garfunkel asked if the sign on Strawberry Lane will block traffic visibility in any way. Engineer Brown stated the signs will be reviewed for sight distance problems and will be adjusted accordingly. Councilmember Zerby asked if there is a future pedestrian pathway in the area as noted on the drawing. Engineer Brown stated it is an error. He discussed the location of the crossing proposed. Lizee moved, Stover seconded to adopt RESOLUTION NO. 99-061, ''Establishing a School Speed Zone on Smithtown Road." Motion passed 5-0. . B. A Motion Authorizing Advertisement for Bid for Bituminous Overlay. Engineer Brown stated $80,000 has been budgeted for bituminous overlay in Shorewood. He stated Greenwood has asked Shorewood to participate in additional overlays. He discussed participation costs. Staff is recommending that Country Club Road be overlaid as well as Lake Linden Drive, Suburban Drive and Maple Ridge Lane. A bid opening is proposed for September 1, 1999. Councilmember Lizee was concerned about the overlay of Lake Linden Drive. She asked if it would better serve the residents to realign the curve. Engineer Brown discussed work already done on the road including the installation of arrow signs along the curve. He stated he would recommend proceeding with the overlay regardless of whether or not it is realigned.. City Administrator Hurm asked if it would save anything to put in a thinner overlay. Engineer Brown stated he would prefer staying with the typical two inches of overlay. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9,1999 - PAGE 8 Ganunkel moved, Stover seconded to adopt RESOLUTION NO. 99-062, "Authorizing Advertisement for Bid for Bituminous Overlay." Motion passed 5-0. 11. QUARTERLY REVIEW OF OBJECTIVES Council asked staff to include more detail in future reports. 12. ADMINISTRATOR AND STAFF REPORTS A. Attorney's Report on Research Options Regarding Right-of-Way Along Smithtown Road City Attorney Keane noted there is no further detail, but it will be discussed further at the next meeting. B. Staff Report on Communication Issues . Mayor Love discussed the importance of communication. He appointed Councilmembers Garfunkel and Zerby to the ad hoc committee. Lizee moved, Stover seconded to appoint Councilmembers Garfunkel and Zerby to the ad hoc committee. Motion passed 5-0. c. Cleanup of Property Planning Director Nielsen reported that Mr. Rochat on Fatima Place found room in the garage for items in his yard that were in violation. The problem appears to be resolved, and staff will keep an eye on the issue. 13. MAYOR AND CITY COUNCIL REPORTS A. Establish a Date for City Council Executive Session to Discuss Personnel Matter . Mayor Love stated Monday, August 16 is a tentative date to discuss a personnel matter. He suggested 1-112 hours beginning at 6:00 p.m. Council member Stover was unable to attend. Mayor Love reported neighborhood night out was held on Tuesday, August 3. They were very well attended. . . , CITY COUNCIL REGULAR MEETING MINUTES AUGUST 9, 1999 - PAGE 13 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Garfunkel seconded adjourning the regular meeting at 9:49 p.m. subject to' approval of claims. Motion passed 5-0. Respectfully submitted, Clare T. Link Recording Secretary ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR ...... " CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDA Y, AUGUST 16, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION ~~ . r,'..;~ "'. '. ..". h Mayor Love called the meeting to order at 6:00 p.m. A. Roll Call Present: Mayor Love, Councilmembers Stover, Garfunkel, Lizee and Zerby; City Engineer Brown, Planning Director Nielsen and Deputy Clerk Naab . B. Review Agenda 2. DISCUSSION WITH CONSULTANT TOM ALLEN REGARDING CITY ADMINISTRATOR PERFORMANCE EVALUATION Consultant Tom Allen.reviewed the process to date and explained the proposed next step. There was consensus on how to proceed. 3. ADJOURN Mayor Love adjourned the meeting at 7:45 p.m. RESPECTFULLY SUBMITTED, . ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR , t. . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO AMERICAN PORTABLE TELECOM WHEREAS, American Portable Telecom (d.b.a. Aerial Communications, Inc.) (Applicant) is a communications common carrier licensed by the Federal Communications Commission to provide personal communications services to the Minneapolis/St. Paul metropolitan area; and WHEREAS, the Applicant has determined that, in order to provide uninterrupted personal communications services to the western segment of its territory, it requires an antenna site in the westerly one-half of the City of Shorewood; and WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the construction of a communications equipment enclosure on the site of the Shorewood west end water tower and proposes to install as many as twelve (12) communications antennae on the water tower itself; and WHEREAS, the Applicant proposes to lease from the City of Shorewood the necessary premises for the construction of a 9-foot by 15-foot communications equipment building and the required space on the water tower pursuant to a long-term lease; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 1 July 1999, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City Engineer, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 2 July 1999, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's Consulting Telecommunications Engineer, and his recommendations have been duly set forth in a letter to the City Engineer, dated 2 July 1999, which letter is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at its regular meeting on 6 July 1999, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at its regular meeting held on 9 August, at which time the City Planner's and City Engineers memoranda, the Consulting Engineer's letter, and a letter from the Minnetonka School District were reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and preliminary approval given for the Conditional Use 3,A. . . Permit, subject to review and completion of a satisfactory lease agreement between the City and the Applicant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject water tower site is located on the Minnewashta Elementary School property and is presently zoned R-IA, single-family residential. The site is currently occupied by the Shorewood water tower, the Minnewashta Elementary School, its parking areas and playground facilities. 2. That the land use surrounding the site is single-family residential, zoned R-IA. 3. That Section 1201.23, Subd. 4a. of the Shorewood City Code provides for governmental and public regulated utility buildings and structures to be constructed within the R- IA zoning district by Conditional Use Permit, subject to certain requirements of screening and landscaping when abutting a residential use in a residential district. 4. That the Applicant's activity serves a valuable purpose in the community, and there is a need for the activity and services provided by the Applicant in order that the community be properly serviced, and that the Federal Telecommunications Act requires that local governments accommodate personal communications services within their boundaries. 5. That the proposed use of the land is in accordance with the official City Comprehensive Plan and will not adversely affect the general welfare, public health and safety of the community. 6. That approval of the proposed Conditional Use Permit should be in the form of a lease agreement setting forth the rights and obligations of the parties to the Agreement. CONCLUSIONS That the Applicant's application for a Conditional Use Permit for the construction of a communications equipment building as shown on Exhibit 1 and antenna array as shown on Exhibit 2 is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd. I.d.(I), the recommendations of city staff, the City's telecommunication consultant, and the following additional conditions: 1. That the grant and term of the Conditional Use Permit shall comply and be subject to all of the terms and conditions set forth in a Water Tower Space Lease Agreement to be negotiated between the City and the Applicant. 2. That the site shall be restored and landscaped in accordance with the approved landscape plan shown on Exhibit 3. For the purpose of assuring and guaranteeing to the City that 2 . . the landscape improvements to be constructed, installed and furnished by the Applicant, shall be completed according to the plans shown on Exhibit 3, the Applicant agrees to escrow with the City a cash deposit or provide the City with an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements. Said escrow deposit or letter of credit shall remain in effect for a period of two growing seasons following the completion of the required improvements. The said escrow deposit or letter of credit may be reduced in its amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the improvements. 3. That this resolution, together with the Exhibits attached hereto and the Water Tower Space Lease Agreement, be filed and recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 1999. Kristi Stover, Acting Mayor James C. Hurm, City Administrator/Clerk 3 y .weE IIlllI' ClMIlUI WllIl vr 'WOlllI _ .. FII1 IW'IIl oJ FAICI/l S)Il' o B o AJ WIlI.L WllIl ;K sm.E JDIfr Q.C. _ WlIlDI. ~ .::111 WllIl IIlllI' CIIIIIlE -r;-,,;-~=- - I TMftIl _ swu:ss I SIl. IlIIT IlIIlE5 I 3'4' X T-tI' IlII Illllllt OIlY. I IIIL w/1I'llltl' Ill!MlIl FIBi I a lIIlEnWIE FIBi ClII I EXIIIICIIl l~' , , I I r-~., I'llR F'lllIDmClII DESIGN , I IIEI'ER 'Rl fZUlIeII' I I a.IINll ~ PLAN ~__---' I'llR IIClIlE _ 10C11. IIEI!R R:K 'Rl IM1CK EXISIIC R:K ClII__ EUilIEIIIMI' SCICllX. ____J 1111 r---1 IIII I I 1111 I I 1111 I IIIII I , IIII I IIIII I IIIII I I ,"I I IIU, I I I I I I I I I I l..-I I I fA r I., I I I I ~---' 1111 III' 1111 '1/1 "" 1111 II .. 1111 IIII 1111 II1I 1111 IIII 1111 IIII 1111 IIII 1111 IU'IUI I I' I I II , l..-I ~... 1111 1111 1111 1111 II 1/ 1111 II II 1111 IIII 1111 II I, 1111 II I, 1111 1"1 1111 J' I, 1111 'UI IU' I I J I I I I I l..-I ~... 10C11. IlDERG'OIt RECEPIICI.E IUllIEI.I. 041C1ll8l21' EAST ELEVATION (EOUIPUFNT BUILDING) - ,,,.-,.~ ?:-tI' I 14'___ ?:-tI' I '0 .. I ". . 12" o/c - ~ ". .. I ~ ". .. ... .. a: ~ 0 . = . ... .. I ... .. ! [ ". . 12" O/C L, 1IICIOlEIS r----- I I I I I I I I I I I I I I I I I I I I I I I I I L.________ . ~ I .. T '.. tr (f' ~ PLAN VIEW OF' CONCRETE sue ~ _ "r.,,~ '~-_.': ". .--- -- ~CllIISIlllIClIl.' . . . ".' --... - ..... .. ".""":" '~.'_ ,:,.~.,,"40~'-1". .- APT .' AVF.1UCAN PORTABLE TEL] Exhibit 1 ATDI D ~ I [ ~ L ~c: ~ . I ~ I i ~ ~ '0 I ~ , .- t - ~ -. - ;... - ..... - . - . - -a -I - - - =- -- - .- - - ;... --- ~ I I I " - ... .lHIEJlMl\S 0III!liII'A1!D 111 cr. ,. _ 24G' ON H SIEII OF H 1IlIJEIt 'RlIlER (4 .wlINIlG Pflt SII:IIlR) , 11#"'- lWEll 'RlIlER I ~ ~ i . . ~ :! II'r ~ SOUTH ELEV AnON leU: NONE -- - flit CIIISIIIlClOI ~.".:' ., . .:....-:-.>-.: . .--- '0 .1 . En .... SECTION ElEVATION ~ NOKO APT, - - -- AMERICAN PC Exhibit 2 .. . \ 0'\ J~ ^ - " / ." " ~.,.,,') sl' ~.'/ / ,/ , sl' / /' "~ ' / ...... / - (EXISI1IC WA1IR , / - - _ :. SICIRl) , / ---- (/ ~ ------ ",// r------------------- ..-.. . . . . . . (11) IlEIlCa lIllCIa' .uftIl (.Il-.lS ~ ~.... II1I'1N111G (1:Z' 111 fllU. IlIlIlIft) I 1 APT AVERICAN PORTABLE TELECOM A 1DS ClJ/ll-Mr _ 1HlS.... IS H ar ,.... _1iL!Nf11l1l4 CllIRlEHIW. UK I H ~ OF 1HlS __11I1lE _rrWLLIllItI CllHEINISI: _ lSII RlIl _ _ ~ Exhibit 3 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM . DATE: Mayor and City Council James C. Hurm, City Administrator Larry Brown, Director of Public Works , August 18, 1999 TO: FROM: RE: Consideration of a Motion to Establish Fall Cleanup Date It is recommended that the fall cleanup date be established on October 30, 1999. Brush and leaves will be able to be brought to the public works site.for proper disposal. Ifacceptable, a motion approving October 30, 1999 as the Fall Cleanup date would be in order. . 3b. o PRINTED ON RECYCLED PAPER ~. ~(C;~nW1I~f1I! AUG 11 1999 iU/: C. f Sh d L:I L Ity 0 ore woo .By IPARTY 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 Oerk, giving the location, date, time, purpose, names of all sponsors and the number of persons it is anticipated will be in attendance. . Party Location: 6' ("\/ V\ ty\C(,uJ y- P t ?\,CL Number of Persons (anticipated) to Attend: -15 - I vO Purpose: f)(ocJLPavt"-y . Sponsor's Name(s): S50 Cj ( Special Parking or Safety Provisions: btt~~ pA-Vt\,{ 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. 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 pennit therefor approved by the City Council. Application for such permit shall be made to the City OerIe. ~~~1 Date of Party: ~CJ Time: 6: 00 pr7) - q. LiD pm . 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 lieu of being charged under this Chapter. (1987 Code) Applicant's Signature: d?, 1~ Date: ~llllqq ---------------------.....----...--For Of1iee Use O~y-----.------------------------- SLMPSD: Fire Marshal: City Registration: Additional Requirements: Date: Date: Date: Original: Copy to: City of Shorewood South Lake Minnetonka Public Safety Department Applicant t' CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER UTll..ITY CHARGES, RECYCLING CHARGES, CITY CLEAN-UP CHARGES, DRY HYDRANT CHARGES, AND SUMP PUMP CHARGES, BE PLACED ON THE 2000 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges on the succeeding year property tax rolls for the specified properties; and. WHEREAS, the City Council has scheduled the consideration of the assessment of such charges and has caused notice of such assessments to be mailed to the affected property owners; and, . WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges. storm water management utility charges, recycling charges, city clean~up charges, dry hydrant charges, and sump pump charges exist for the specified properties set forth in Exhibits A, B, C, D, E, and F attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent sanitary sewer charges, storm water management utility charges recycling charges. city clean-up charges, dry hydrant charges, and sump pump charges, on the 1999 property tax rolls. payable in 2000, at eight percent (8%) per annum, against the specified properties as set forth in Exhibits A, B, C, D, E, and F. 2. That such delinquent charges shall be called Delinquent Sanitary Sewer Charges, Levy No. 14664; Delinquent Storm Water Management Charges, Levy No. 14665; Delinquent Recycling Charges, Levy No. 14666; Delinquent City Clean-up Charges, Levy No. 14667; Delinquent Dry Hydrant Charges, Levy No. 14668; and Delinquent Sump Pump Charges, Levy No. 14669. . ADOPTED by the City Council of the City of Shorewood, Minnesota, this 23rd day of August, 1999. ATTEST: KRlSTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR 3D EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14664 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-12-0017 34345 351.84 0015247400 33-117-23-12-0018 34345 351.84 0015247700 35-117-23-34-0004 34400 170.15 0025060900 28-117-23-33-0007 35020 351.84 0045255600 29-117-23-43-0027 35120 351.84 0045261651 32-117-23-31-0013 00778 351.84 0110059950 32-117-23-33-0019 34342 170.15 0110060800 34-117-23-43-0002 34440 256.67 0125060500 36-117-23-22-0034 35448 351.84 0140055950 35-117-23-42-0025 34400 96.42 0145059800 33-117-23-13-0029 03628 116.84 0155057050 33-117-23-41-0006 34420 256.67 0185058750 33-11 7-23-41-0029 34420 256.67 0185059350 33-117-23-41-0030 34420 256.67 0185059550 33-117-23-14-0010 34910 193.84 0220056700 32-117-23-22-0023 05682 169.09 0225271350 30-117-23-33-0030 34590 351.84 0255045500 . . PAGE 1 OF 4 ~ EXHIBIT A . . SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14664 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-11 7-23-22-0014 34970 683.68 0260055251/55551 33-117-23-32-0031 35200 351.84 0260058900 25-117-23-34-0025 34460 351.84 0270203450 26-117-23-14-0065 35240 683.68 0285048120/48140 26-117 -23-14-0053 35240 97.80 0285049000 26-117-23-14-0054 35240 351.84 0285049250 26-117-23-14-0087 35240 351.84 0285049250 26-117 - 23-14-0083 35240 351 .84 0290209250 34-117-23-43-0023 03993 351.84 0300060700 33-117-23-12-0025 35100 149.83 0320246950 32-117 -23-12-0002 34420 351.84 0330054550 32-117-23-13-0008 34420 351.84 0330057750 26-117-23-14-0015 35240 170.15 0375208200 26-117-23-14-0022 35240 351.84 0385209400 26-117-23-14-0025 35240 351.84 0385210000 26-117-23-11-0044 35555 351.84 0435046450 26-117-23-11-0028 35555 351.84 0435047400 PAGE 2 OF 4 '"'. EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEW NO 14664 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 35-117-23-34-0034 35585 354.98 0450217400 33-117-23-21-0037 35585 683.68 0470054350/54370 25-117-23-32-0023 35260 351.84 0485205750 26-117-23-11-0050 03562 351.84 0550211050 26-117 -23-14-0054 35240 351.84 0550211550 26-117-23-14-0085 35240 160.55 0550211750 34-11 7-23-32-0014 35225 351.84 0555058300 34-117-23-44-0048 34440 256.67 0570227650 33-117-23-22-0011 34970 351.84 0585254550 32-117-23-22-0011 35360 351.84 0605263950 31-117-23-14-0008 35553 184.82 0635274050 36-117-23-31-0012 35456 351.84 0675059750 25-117-23-44-0049 35490 837.67 0705053550 36-117-23-21-0009 35400 149.95 0740055800 32-117-23-14-0049 04918 174.88 0770259850 33-117-23-24-0006 34420 201.69 0775248600 32-117-23-14-0040 34420 351.84 0775258950 . . PAGE 3 OF 4 ~!Ji; EXHIBIT A . . SPECIAL ASSESSMENT CERTIFICATION ROLLS LEW NO 14664 MUNIC CODE 26 PID NO. ADDN NO. ACCOUNT NO. TOTAL PRINCIPAL 32-117 -23-44-0003 34420 170.15 0795258400 26-117 -23-41-0013 35240 170.15 0815050500 34-117-23-23-0045 34440 683.68 0872055950/55970 25-117-23-31-0018 35590 351.84 0892201550 33-117-23-22-0020 35585 256.67 0905054400 33-117-23-22-0018 35575 351.84 0905054950 33-117-23-22-0002 34420 98.67 0905055300 33-117-23-22-0030 34420 73.74 0905055350 33-117-23-44-0032 04031 351.84 0940242150 34-117-23-31-0072 34440 256.67 0975235850 33-117-23-44-0038 04418 186.67 0975242750 33-117-23-34-0006 34890 97.44 0975248350 33-117-23-23-0035 34960 303.64 9775255750 35-117-23-13-0013 34400 351.84 0145057100 PAGE 4 OF 4 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEW NO 14665 PIO NO. AOON NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-12-0017 34345 13.42 0015247400 33-117-23-12-0018 34345 13.42 0015247700 35-117-23-34-0004 34400 8.67 .0025060900 28-117-23-33-0007 35020 19.17 0045255600 29-117-23-43-0027 35120 24.93 0045261651 32-117-23-31-0013 00778 24.93 0110059950 32-117-23-33-0019 34342 11.56 0110060800 34-117-23-43-0002 34440 21.09 0125060500 36-117-23-22-0034 35448 19.17 0140055950 35-117-23-42-0025 34400 11.87 0145059800 33-117-23-13-0029 03628 7.13 0155057050 33-117-23-41-0006 34420 12.58 0185058750 33-117-23-41-0029 34420 13.67 0185059350 33-117-23-41-0030 34420 13.67 0185059550 33-117-23-14-0010 34910 10.24 0220056700 32-117-23-22-0023 05682 11.28 0225271350 30-117-23-33-0030 34590 24.93 0255045500 . . PAGE 1 OF 7 EXHIBIT B . . SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14665 MUNIC CODE 26 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-22-0014 34970 19.24 0260055251/55551 33-117-23-32-0031 35200 24.93 0260058900 25-117-23-34-0025 34460 13.42 0270203450 26-117-23-14-0065 35240 13.48 0285048120/48140 26-117 -23-14-0053 35240 6.39 0285049000 26-117-23-14-0054 35240 13.42 0285049250 26-117-23-14-0087 35240 13.42 0285049250 26-117 - 23-14-0083 35240 13.42 0290209250 34-117-23-43-0023 03993 24.93 0300060700 33-117-23-12-0025 35100 11.28 0320246950 32-117-23-12-0002 34420 19.17 0330054550 32-117-23-13-0008 34420 13.42 0330057750 26-117-23-14-0015 35240 6.07 0375208200 26-117-23-14-0022 35240 13.42 0385209400 26-117-23-14-0025 35240 13.42 038521??oo 26-117-23-11-0044 35555 13.42 0435046450 26-117-23-11-0028 35555 13.42 0435047400 PAGE 2 OF 7 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14665 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 35-117-23-34-0034 35585 20.21 0450217400 33-117-23-21-0037 35585 13.48 0470054350/54370 25-117-23-32-0023 35260 24.93 0485205750 26-117-23-11-0050 03562 13.42 0550211050 26-117-23-14-0054 35240 13.42 0550211550 26-117-23-14-0085 35240 6.07 0550211750 34-117-23-32-0014 35225 19.17 0555058300 34-117-23-44-0048 34440 16.85 0570227650 33-117-23-22-0011 34970 19.17 0585254550 32-117-23-22-0011 35360 19.17 0605263950 31-117-23-14-0008 35553 14.72 0635274050 36-117-23-31-0012 35456 32.57 0675059750 25-117-23-44-0049 35490 94.50 0705053550 36-117-23-21-0009 35400 6.74 0740055800 32-117-23-14-0049 04918 6.07 0770259850 33-117-23-24-0006 34420 13.65 0775248600 32-117-23-14-0040 34420 24.93 0775258950 . . PAGE 3 OF 7 EXHIBIT B . . SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14665 PIO NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 32-117-23-44-0003 34420 8.67 0795258400 26-117-23-41-0013 35240 8.67 0815050500 34-117-23-23-0045 34440 13.48 0872055950/55970 25-117-23-31-0018 35590 19.17 0892201550 33-117-23-22-0020 35585 9.57 0905054400 33-117-23-22-0018 35575 13.42 0905054950 33-117-23-22-0002 34420 6.39 0905055300 33-117-23-22-0030 34420 6.07 0905055350 33-117-23-44-0032 04031 19.17 0940242150 34-117 -23-31-0072 34440 13.67 0975235850 33-117-23-44-0038 04418 9.63 0975242750 33-117-23-34-0006 34890 9.42 0975248350 33-117-23-23-0035 34960 15.69 9775255750 35-117-23-13-0013 34400 26.88 0145057100 32-117-23-31-0041 34540 39.17 0110059250 34-117-23-43-0022 03993 31.28 0125060750 30-117-23-23-0002 34915 33.42 0245043000 PAGE 4 OF 7 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14665 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 29- 117-23-44-0042 06052 21.65 0260053400 29-117-23-44-0044 06052 21.65 0260053400 29-117-23-44-0045 06052 21.65 0260053400 29-117-23-44-0046 06052 21.65 0260053400 29-117-23-44-0047 06052 21.65 0260053400 32-117-23-11-0037 06052 21.64 0260053400 34- 117-23-41-0025 35578 39.17 0300059650 34-117-23-43-0035 34440 47.82 0300060000 32-117-23-12-0027 35360 28.67 0330055200 34-117-23-32-0029 06598 26.07 0555059000 36-117-23-22-0012 35400 29.57 0740055400 32-117-23-24-0031 06184 44.93 0775267500 25-117-23-33-0047 34460 37.78 0780052550 33-117-23-43-0028 03937 44.93 0935240000 34-117-23-32-0028 06598 26.07 0975237700 30-117-23-14-0001 34330 44.93 9301400019 33-117-23-12~2 05283 10.08 9313000009 . . PAGE 5 OF 7 EXHIBIT B sl'AL ASSESSMENT CERTIFICATIO!OU.S LEVY NO 14665 MUNIC CODE 26 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-12-0063 05283 10.08 9313000009 33-117-23-12-0064 05283 10.08 9313000009 33-117-23-12-0076 05283 10.08 9313000009 33-117-23-12-0077 05283 10.07 9313000009 32-117-23-34-0035 35300 26.48 9323400359 34-117-23-34-0011 34440 37.65 . 9343400119 35-117-23-42-0013 34400 26.07 9354200139 25-117 -23-31-0031 06559 37.33 9485200009 25-117-23-31~32 06559 37.32 9485200009 29-117-23-44-0043 06052 18.67 9503250009 32-117-23-11-0036 06052 18.66 9503250009 32-117-23-23-0009 06184 16.44 9507050009 32-117-23-23-0011 06184 16.44 9507050009 32-117-23-23-0012 06184 16.44 9507050009 32-117-23-24-0014 06184 16.44 9507050009 32-117 -23-24~15 06184 16.44 9507050009 32-117-23-24-0016 06184 16.44 9507050009 PAGE 6 OF 7 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14665 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 32-117-23-24-0017 06184 16.44 9507050009 32-117-23-24-0019 06184 16.44 9507050009 32-117-23-24-0021 06184 16.44 9507050009 32-117-23-24-0023 06184 16.43 9507050009 32-117-23-24-0024 06184 16.43 9507050009 32-117-23-24-0025 06184 16.43 9507050009 32-117-23-24-0026 06184 16.43 9507050009 32-117-23-24-0027 06184 16.43 9507050009 32-117-23-24-0028 06184 16.43 9507050009 32-117-23-24-0029 06184 16.43 9507050009 36-117-23-44-0005 03165 25.09 9580600755 32-117-23-22-0038 05682 27.82 9590270009 32-117-23-22-0039 05682 27.82 9590270009 . . PAGE 7 OF 7 EXHIBIT C . . SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14666 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-12-0017 34345 22.98 0015247400 33-117-23-12-0018 34345 22.98 0015247700 35-117-23-34-0004 34400 10.40 0025060900 28-117-23-33-0007 35020 22.98 0045255600 29-117-23-43-0027 35120 22.98 0045261651 32-117-23-31-0013 00778 22.98 0110059950 32-117 -23-33-0019 34342 16.39 0110060800 34-117-23-43-0002 34440 22.98 0125060500 36-117-23-22-0034 35448 22.98 0140055950 35-117..23-42-0025 34400 10.95 0145059800 33-117-23-13-0029 03628 12.20 0155057050 33-117 -23-41-0006 34420 22.98 0185058750 33-117-23-41-0029 34420 16.39 0185059350 33-117-23-41-0030 34420 16.39 0185059550 33-117-23-14-0010 34910 17.53 0220056700 32-117-23-22-0023 05682 10.40 0225271350 30-117-23-33-0030 34590 22.98 0255045500 PAGE 1 OF 4 EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14666 PIO NO. AD ON NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-22-0014 34970 45.96 0260055251/55551 33-117 - 23-32-0031 35200 22.98 0260058900 25-117-23-34-0025 34460 22.98 0270203450 26-11 7-23-14-0065 35240 45.96 0285048120/48140 26-117-23-14-0053 35240 10.95 0285049000 26-117-23-14..OQ54 35240 22.98 0285049250 26-117-23-14..OQ87 35240 22.98 0285049250 26-117-23-14-0083 35240 22.98 0290209250 34-117-23-43..0023 03993 22.98 0300060700 33-117 -23- 12-0025 35100 10.40 0320246950 32-117-23-12-0002 34420 22.98 0330054550 32-117-23-13-0008 34420 22.98 0330057750 26-117-23-14-0015 35240 10.40 0375208200 26-11 7- 23-14..OQ22 35240 22.98 0385209400 26-117-23-14-0025 35240 22.98 0385210000 26-117-23-11..OQ44 35555 22.98 0435046450 26-117-23-11..OQ28 35555 22.98 0435047400 . . PAGE 2 OF 4 EXHIBIT C MUNIC CODE 26 . . SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14666 PIO NO. AOON NO. TOTAL PRINCIPAL ACCOUNT NO. 35-117-23-34-0034 35585 24.23 0450217400 33-117-23-21-0037 35585 45.96 0470054350/54370 25-117-23-32-0023 35260 22.98 0485205750 26-117-23-11-0050 03562 22.98 0550211050 26-11 7-23-14-0054 35240 22.98 0550211550 26- 117-23-14-0085 35240 10.40 0550211 750 34-117-23-32-0014 35225 22.98 0555058300 34-117-23-44-0048 34440 22.98 0570227650 33-117-23-22-0011 34970 22.98 0585254550 32-117-23-22-0011 35360 22.98 0605263950 31-117-23-14-0008 35553 17.64 0635274050 36-117-23-31-0012 35456 22.98 0675059750 25-117-23-44-0049 35490 50.47 0705053550 36-117-23-21-0009 35400 11.54 0740055800 32-117 -23-14-0049 04918 10.40 0770259850 33-117-23-24-0006 34420 12.58 0775248600 32-117-23-14-0040 34420 22.98 0775258950 PAGE 3 OF 4 EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14666 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 32-117-23-44-0003 34420 10.40 0795258400 26-117-23-41-0013 35240 10.40 0815050500 34-117-23-23-0045 34440 45.96 0872055950/55970 25-117-23-31-0018 35590 22.98 . 0892201550 33-117-23-22-0020 35585 16.39 0905054400 33-117-23-22-0018 35575 22.98 0905054950 33-117-23-22-0002 34420 10.95 0905055300 33-117-23-22-0030 34420 10.40 0905055350 33-117 -23-44-0032 04031 22.98 0940242150 34-117-23-'-31-0072 34440 16.39 0975235850 33-117-23-44-0038 04418 11.54 0975242750 33-117-23-34-0006 34890 11.54 0975248350 35-117-23-13-0013 34400 23.68 0145057100 32-117-23-24-0031 06184 22.98 0775267500 . . PAGE 4 OF 4 EXHIBIT D MUNIC CODE 26 . . SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14667 PID NO. ADDN NO. ACCOUNT NO. TOTAL PRINCIPAL 33-117-23-12-0017 34345 7.75 0015247400 33-117-23-12-0018 34345 7.75 0015247700 35-117-23-34-0004 34400 7.75 0025060900 28-117-23-33-0007 35020 7.75 0045255600 29-117-23-43-0027 35120 12.66 0045261651 . 32-117-23-31-0013 00778 7.75 0110059950 32-117 - 23-33-00 19 34342 7.75 0110060800 34-11 7-23-43-0002 34440 7.75 0125060500 36-117-23-22-0034 35448 7.75 0140055950 35-117-23-42-0025 34400 7.75 0145059800 33-117-23-13-0029 03628 7.75 0155057050 33-117-23-41-0006 34420 7.75 0185058750 33-117-23-41-0029 34420 7.75 0185059350 33-117-23-41-0030 34420 7.75 0185059550 33-117-23-14-0010 34910 7.75 0220056700 32-117-23-22-0023 05682 7.75' 0225271350 30-117-23-33-0030 34590 7.75 0255045500 PAGE 1 OF 4 EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14667 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-22-0014 34970 15.50 0260055251/55551 33-117-23-32-0031 35200 7.75 0260058900 25-117-23-34-0025 34460 7.75 0270203450 26-117-23-14-0065 35240 15.50 0285048120/48140 26-117-23-14-0053 35240 7.75 0285049000 26-117 - 23-14-0054 35240 7.75 0285049250 26-117-23-14-0087 35240 7.75 0285049250 26-117-23-14-0083 35240 7.75 0290209250 34-117-23-43-0023 03993 7.75 0300060700 33-117-23-12-0025 35100 7.75 0320246950 32-117-23-12-0002 34420 7.75 0330054550 32-117-23-13-0008 34420 7.75 0330057750 26-117-23-14-0015 35240 7.75 0375208200 26-117-23-14-0022 35240 7.75 0385209400 26-11 7-23-14-0025 35240 7.75 0385210000 . 26-117-23-11-0044 35555 7.75 0435046450 26-117-23-11-0028 35555 7.75 0435047400 . . PAGE 2 OF 4 EXHIBIT D . . SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14667 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 35-117-23-34-0034 35585 7.75 0450217400 33-117-23-21-0037 35585 15.50 0470054350/54370 25-117-23-32-0023 35260 7.75 0485205750 26-117 -23-11-0050 03562 7.75 0550211050 26-117-23-14-0054 35240 7.75 0550211550 26-11 7-23-14-0085 35240 7.75 0550211750 34-117 -23-32-00 14 35225 7.75 0555058300 34-117-23-44-0048 34440 7.75 0570227650 33-117-23-22-0011 34970 7.75 0585254550 32-117-23-22-0011 35360 . 7.75 0605263950 31-117-23-14-0008 35553 7.75 0635274050 36-117-23-31-0012 35456 7.75 0675059750 25-117 -23-44-0049 35490 14.75 0705053550 36-117-23-21-0009 35400 7.75 0740055800 32-117-23-14-0049 04918 7.75 0770259850 33-117-23-24-0006 34420 7.75 0775248600 32-117-23-14-0040 34420 7.75 0775258950 PAGE 3 OF 4 EXHIBIT D . MUNIC CODE 26 SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14667 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 32-117-23-44-0003 34420 7.75 0795258400 26-117-23-41-0013 35240 7.75 0815050500 34-117-23-23-0045 34440 15.50 0872055950/55970 25-117-23-31-0018 35590 7.75 0892201550 33-117-23-22-0020 35585 7.75 0905054400 33-117-23-22-0018 35575 7.75 0905054950 33-117-23-22-0002 34420 7.75 0905055300 33-117-23-22-0030 34420 7.75 0905055350 33-117-23-44-0032 04031 7.75 0940242150 34-117 -23-31-0072 34440 7.75 0975235850 33-117-23-44-0038 04418 7.75 0975242750 33-117-23-34-0006 34890 7.75 0975248350 35-117-23-13-0013 34400 14.75 0145057100 . . PAGE 4 OF 4 EXHIBIT E MUNIC CODE 26 . . SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14668 PID NO. 30-117-23-23-0002 30-117 -23-33-0030 ADDN NO. 34915 34590 TOTAL PRINCIPAL 76.58 76.58 ACCOUNT NO. 0245043000 0255045500 PAGE 1 OF 1 EXHIBIT F SPECIAL ASSESSMENT CERTIFICATION ROLLS I- I MUNIC CODE 26 LEW NO 14669 PAGE 1 OF 1 PIO NO. AOON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-44-0049 35490 3,300.00 0705053550 32-117 - 23-14-0040 34420 1,200.00 0775258950 . . . . ~, , . . JACQUELYN KAY SCHNEEWIND EMPLOYMB'IT EDUCATION REFERENCES 1976 -1999 Colony Pl2Z3. Ine. Wacoina, Mn Business Manager . Customer service, supervise employees and prepare their schedules, accountS receivable and payable, daily traosactions and month end billing. tr:13Dage:" of liquor store: weekly order of liquor and beer from various vendors. 1998 -1999 Billy's . Part time waitress, bartender and prepare food. 1989 - 1990 Norm~ncWe Commnnity College Associates of Arc . General stUdies 1980 Gm1~ea Waccmia Hig&. School .Mr. Mike Kr3emer St. Paul, MN Green Isle, MN Nfr. Tm Hukried Mrs. EvelynHiIl Mr. Tm Jumeen Waconia, ~lN' Wacacia, NIn . Bloomington, 1-'m Wacacia, Mn 651-646-6063 612-496-3481 612-442-2179 Maple Plain, MN 612-478-8502 INTERESTS AND ACTIVITIES Jogging! exercise Sofcball Horseback riding Motoroqcle riding ~ 9S1 GOLDFINCH DRIVE. VfACONIA. MN HJll. PHONE 6 t2.H2.7009 jF3E CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION ESTABLISHING PAY RANGES FOR SHOREWOOD LIQUOR OPERATIONS WHEREAS, the Shorewood Liquor Committee oversees the Shorewood Liquor Operations, and sets the compensation level for the Liquor Operations Manager; and WHEREAS, the Liquor Operations Managers sets the compensation level for all liquor operations employees. . NOW, THEREFORE, BE IT RESOLVED by the Shorewood City Council that the following annual pay ranges are hereby established for the various liquor operations job classifications: Liquor Operations Manager $35,640 - $49,550 Assistant Manager $24,440 - $34,000 Clerk $15,080 - $19,760 BE IT FURTHER RESOLVED, that total annual salary must be set between the minimum and maximum salary in each range. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 1999, . ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . t' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 19 August 1999 RE: Dahlstrom - Request to Plant Trees on City Property FILE NO. 405 (96.02) Mr. Terry Dahlstrom proposes to build a new house on his lot at 25735 Maple View Court in Watten Ponds. In his letter (attached), dated 11 August 1999, he requests permission to plant some of the replacement trees required for his project on city property. . This request is virtually identical to one that was granted for Tony Eiden within the'last two months. Staff agrees with Mr. Dahlstrom that there is little room for additional trees on the property. Staff has identified several locations in Badger Field and Freeman Park where additional trees could be used. It is recommended that the request be approved, subject to the trees being planted this growing season. If you have any questions relative to this matter, please do not hesitate to call me prior to Monday night's meeting. Cc: Jim Hurm Larry Brown Tim Keane Terry Dahlstrom o PRINTED ON RECYCLED PAPER 3.& . . l" Brad Nielsen City of Shorewood Dahlstrom Companies Inc. Terry Dahlstrom 720-1573 ~ 11,1999 ~'1t Dear Mr. Nieilsen As required by shorewood ordinance I'm required to plant trees as replacements for the trees removed during construction. It has been my experience that placing small trees under a canopy of large trees limits there growth potentiaL I'm therefore requesting that trees be placed on this lot (Lot 6 Blk 3 watten ponds) where Forester Steve Cook feels they will prosper , and that any remaining tree plantings required be placed on city property in a location agreeable to both the city and myself. Sincerely, ~AJa#~ ,/ Dahlstrom Companies Inc. Terry Dahlstrom, President .... _+A__ !.~D ~rergnl)!.7~~nl:.. i AUG 121999 U: I ; ~y I , . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood,state.net MEMORANDUM TO: FROM: . DATE: RE: Consideration of a Motion to Adopt a Resolution Authorizing Advertisement for Bids for Cab and Chassis - 1 Single Axle Dump Truck Attachment 1 is an excerpt from the Capital Improvement Programs (CIP)-Equipment Replacement Schedule, which provides for replacement of the 1988 dump truck. Typically, the life span ofa dump truck and plow is approximately 10 years. Unit 33 is a 1988 truck and is ready to be replaced. Replacement of this vehicle has been postponed previously due to the good service record ofthis vehicle. However, over the past year, this vehicle has required substantial effort to keep it in safe operation. This, coupled with the current delivery time for large trucks at 1.5 years out, suggests that it is time begin the process for replacement. . The purchase of a dump truck is one of the more convoluted equipment purchases that exist. Due to individual preferences and competition in the industry, the "cab and chassis" are purchased from a dealer, with the dump box, hydraulic systems, lighting packages, and plows purchased from an after market vendor. The item for consideration at this time is for authorization to advertise for bids for the cab and chassis only. Once bids have been received and awarded, authorization for bidding of the hydraulic systems, dump box and lighting systems will follow. Funds for this purchase are already in the Equipment Replacement Fund in the amount of $59,100. If approved, bids will be opened for the cab and chassis on September 22, 1999 at 10:00 AM. A resolution is attached for your consideration. ......... o PRINTED ON RECYCLED PAPER 3h.. " ~ !!! I 3! ... .. ... ... .. .. 8 :l ~ i ~ ;; .. ~ o .. to to ... ! N = ~ ... i !:l .. .. Ii I: R &t ~ ! .. ~ 11 ;' .. :: N i ~ ... N !i .. ~ .. ~ to .. N .. .. ! ~ Ie = i ! 1 ~ ~ i= ! !!I I!! c~ ; ~ !I~ I ,. ~ ~ . i !~'~i d;~i II! il ~=~~~ I~~ el ~:g~~ an !1 !g~ji ~ie if ftj.,u ~~~ ill i~~ill! =Is ;~ ;~ift~ Ui ~i 5~~~1 igi i' li8~1 s.~ fii ; ~!~~~ Ih ~; ., i< . . Attachment 1 ".. i .. ... it " r ~ .. .. i ; ~~ ~; ~ ;; =.~ ~= at = I! ~ ... ~ ., a r ~ ~ ~ ;:; " i lil .. ... .. · i · i · i 'I "j 'I J a .. I ... o ~ :~ ~ ,~ .. = ., o .. .... -0 .... ...= ! .. :!! ~ : ~ ~ ~ l\l .. .. .. :ll ... N .. III : i ~ ~ .. ~ :1= iil I ! ~ .. N l:! .. .. ... ~ .. .. .. o ., · I I ;; .. II : :: ~ ::; ~ ;:) Iil ::z: u 1Il ... ~ ~ :s III II: ... ~ :Ii Go :5 CI III · J "I "I o :!! l!l :: .. o .. ~ .. ~ .. lD .. .. .. ~ ., .. .. ,. .. Vi ::: ! ,. :;; ... ... s ~ ;:; o ... ... .. .. ... . j .. ... ~ "I ~ ;! ~:! .... "'0 .... ~ ~ ~ ;Ii "l 8 ! ~ I~ : !1881~8" 288c 222~~8 ~g8S88"':~~:2llS"~02 Ii.. Iii ~ ~I~.. ~ :':'!~ ; ~: lS illlS ~ ... N ....,.. ~ .. ... ~ .. ~ 0 ... lS .. .. lil ., I: lS 8 ~ ~GI~:=_ ~"=~2~~~"V~i~!:G!~~G==:I~~ ! ~ r! ~~IU ! ~ ililll~ i i ~ I ~I~ i Iii ~,i i i; i ~ "'III;I~ ;!:e ~ ~ ~ =!! ~,. lillil =!!.....!!!! lil..:e =,.!!,. lil... lillil.. Iii ,.!! !!,. !!'~ ,~ .....,.,.,~~~~~I~....I..x~;............. Ui ~~~s~.,.....~..;..~S..S~a_~~3se '--- t I~ I ~.. In .. .. ' I ~ ~ I ~ i ~ dl ~,. I i f ~.. J ~ w U Ii I ~ I ! Ii I;; ~ !J 2 ~ 1;1 e! c 21 ; I ~I" ! i l!" ! PI ~ ! ~!! .!I i I t H 3, ~ ! I q ! I !I ~ .. . d it I ..I i ~ j m; ~ ",: .:L II n; L II! 3 I H i ~ IWw'q Ins!i~ II,. ~.~ I~~" !. IUj:l;l, ;:Ii n i ~ Jl i h , ;: : N : ~ hi n :.. p :;;1:11 'I ~ i ~ ,.. NI~:::, ~ ~ = :1 ~ ;I~ !:: : ~ ; ~ ~ ;i~ :a: :g :g r;;::r, ~ ;~ :;1== ,.. ~ I ~ ... . iii . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CAB AND CRASIS - SINGLE AXLE DUMP TRUCK WHEREAS, the Director of Public Works recommends that unit 33 -1988 Ford single axle dump truck be replaced; and WHEREAS, the City of Shorewood' s Equipment Replacement Fund provides for said replacement; and WHEREAS, the Director of Public Works has prepared specifications for the cab and chassis for purchase of a single axle dump truck; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Specifications prepared by the Director of Public Works for said equipment purchase are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper- an advertisement for bids for purchase of said equipment. The advertisement shall be published for 2 weeks, shall specify the equipment to be supplied to the City of Shorewood, shall state that bids will be opened and considered by the Council at 10:00 a.m. on September 22, 1999 in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash depos~ cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 1999. ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . t j( ADVERTISEMENT FOR BIDS CAB AND CHASSIS - SINGLE AXLE DUMP TRUCK CITY OF SHOREWOOD, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Shorewood at the office of the City Clerk until 10:00 a.m., September 22, 1999, at the City Hall and will be publicly opened and read at said time and place by representatives of the City of Shorewood. Said proposals for the furnishing of all labor and materials for One Cab and Chassis - Single Axle Dump Truck, and Appurtenances . The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331, which are on file with the City Clerk of Shorewood. Copies of Proposal Forms and Specifications for use by Dealers submitting a bid may be obtained from the City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331. No bids will be considered unless sealed and filed with the City Clerk of Shorewood and accompanied by a cash deposit, cashier's check, or certified check, or bid bond made payable to . the City of Shorewood for five percent (5%) of the amount bid, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder fail to enter promptly into a written contract and furnish the required bond. No bids may be withdrawn for a period of forty-five (45) days from the date of opening of bids. The City of Shorewood reserves the right to reject any or all bids. DATED: August 23, 1999 BY ORDER OF THE CITY COUNCIL s/s JAMES C. HURM City Administrator/Clerk Shorewood, MN . PUBLISHED IN THE: Sun Sailor Suburban Newspaper: September 1 & 8, 1999 SINGLE AXLE DUMP TRUCK CITY OF SHOREWOOO, MN ADVERTISEMENT FOR BIDS ,. ,... 1 ~ CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, AUGUST 10, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DRAFT Co-chair Dallman called the meeting to order at 7:30 p.m. A. Ron Call Present: Co-chairs Dallman and Arnst; Commissioners Bensman, Puzak, Themig and Berndt (7:45 arrival); Council member Zerby (7:34 arrival); City Engineer Larry Brown; City Administrator Hurm . Absent: Commissioner Colopoulos Also Present: South Tonka Baseball: Jon Guy, Senior League Chair; Tom Akins, Operations Director; Gordy Lindstrom; Vice President South Tonka Baseball; Brian Tichy, President South Tonka Baseball B. Review Agenda Commissioner Bensman asked that agenda item 7 (Capital Improvement Program) and agenda item 8 (User Fees) be switched. . Arnst moved and Themig seconded to approve the agenda as amended. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of July 13, 1999 Arnst moved. and Themig seconded to approve the Minutes as presented. Motion passed 3/0 with Bensman and Dallman abstaining. 3. MATTERS FROM THE FLOOR Administrator Hurm mentioned that the Comprehensive Plan open houses are scheduled for Tuesday, August 31st;Thursday, September 2nd and Wednesday, SeptemberSth from 5:00-7:30. ~.5A Park Commission August 10, 1999 Page 2 ~ , "1 The Park Commissioners volunteered to attend on the following dates: Tuesday, August 31 st - CommissionersThemig and Dallman Thursday, September 2nd - Commissioner Puzak Wednesday, September 8th - Commissioners Arnst and Bensman It was asked that reminders be sent out to the Park Commissioners. 4. REPORTS A. Mighty Kids Grant Summary Administrator Hunn explained that this is the final report and $23,549 was spent by Tonka United and the grant was for $10,000. Commissioner Puzak further explained the original plan for the grant. The City of Shorewood partnered with Tonka United Soccer . to improve the structure and sprinkler systems, and Tonka United wanted operating relief and additional programs. The outcome was that it went to operating and not to the Capital Improvement Program (CIP) or park improvements. Commissioner Puzak stated that the commissioners need to remember this when its time to ask for user support for the picnic shelter/concession stand. Tonka United needs to recognize that they got a lot of help from the City with this grant and that we are going to need some help a year from now. B. Conditional Use Permit for Freeman Park Multi-Purpose Building Administrator Hunn reported the Planning Commission approved the conditional use permit for the multi-purpose building in Freeman Park at their meeting and it will be considered by the City Council on August 23. Engineer Brown explained the different aspects of the proposed plan, including the storage area with access from both inside and . outside. This will allow for easier access to irrigation equipment. C. City Council Meeting Actions - July 26, 1999 Administrator Hunn reported that the City Council passed the resolution on Cooperation among South Lake Minnetonka Cities to Provide Skate Park For Area Youth. Mayor Love is going to work with the committee and approach other cities. The City Council also approved the concept plan for the Freeman Park Multi-Purpose building and the trail design for Covington/Vine Hill Road. Commissioner Puzak reported that he had just talked to the Sun Sailor paper and they are going to do an article on the skate park. A meeting date needs to be set for the Youth Coalition. f Park Commission August 10, 1999 Page 3 s. SOUTH TONKA LITTLE LEAGUE - YEAR END REPORT AND FIELD #2 PROPOSAL . Brian Tichy explained what Little League was proposing for field 2. It is a 3-phase approach and they would like to start phase 1 and 2 this fall. Attached and made part of these minutes is a handout on the phases from South Tonka Little League. Brian Tichy went on to explain what each phase entails. Phase 1 would be to reconfigure bases, remove outfield sod and replace with ag lime, remove infield ag lime and add black dirt and install new infield sod. Phase 2 would be to install a new backstop, add height to existing backstop, install a net for foul balls, install batting and pitching cages in right field area, install gates in right and center field fence, and install batting cage by left field fence. Phase 3 may not happen within the next year, depending on available funding. Phase 3 would be installation of dugouts, a scoreboard, warning tack, and blue canvas on fence. The most expensive would be to expand the concession stand and equipment room, add restrooms and irrigate field 1 and 2. Mr. Tichy stated they have applied for a Minnesota Twins grant and they should find out on September 27th if they will be receiving anything. Gordy Lindstrom stated that the City budgeted for netting and asked if that money could go toward purchase of the netting. The poles are at the site already and will be installed inside the existing fence. Administrator Hurm mentioned that a phone call from Mr. Healy stating that he is interested in signing the easement, but has been out of town. With the realignment of field 2 the foul balls would be directed more to Freeman Park property. Jon Guy said that with this field upgraded it would help keep the kids at the park. Kids have left and gone to Bennett Park. . South Tonka has the funds for phase 1 and 2 and is looking for help in phase 3. Commission members agreed to all of phases 1 and 2, based upon the City Engineer's approval of the projects. It was agreed that the location of the scoreboard would be near Field 3 scoreboard. Puzak moved, Arnst seconded, to recommend to City Council that the Council approve the recommendations of Phase 1 and 2, submitted by South Tonka Little League and attached to these minutes, contingent upon approval of the City Engineer.. Motion passed 6/0. . , Park Commission August 10, 1999 Page 4 6. YEAR 2000 PARK OPERATING BUDGET Administrator Hurm reviewed the operating budget for the year 2000 and went over the objectives that were set last August. Administrator Hurm asked the Commissioners if they want to update the objectives for the coming year. He pointed out under cost indicators for sports organizations for the year 2000 we requested $12,000 which is similar to this year. For the line item regular salary in the budget, the amount was lowered to $54,000 to reflect actual costs, overtime was increased to $1,500 to accommodate the flooding of rinks during the winter months. $4,000 is included for planning, $3,000 of this would be for trails and $1,000 for parks. Staff will attempt to retain $10,000 from transfers, up from 1999 which was $0. Commissioner Dallman asked if building the concession building or the sales from the concession is included. Administrator Hurm commented that this is not in the budget as of yet. Commissioner Themig inquired about where trail maintenance would be charged, either Public Works or parks. Engineer Brown stated that the plowing of the trails would be under snow removal and any maintenance would be in Public Works. . Commissioners concurred that an objective relating to the following should be included: . continuation of the trail pr.ocess; . consideration of building a skate park; and . building a multi-purpose building at Freeman Park. Additional objectives should be reviewed at the next meeting. Commissioner Berndt questioned the objective on improving relationships with sports organizations. It was explained there are some sports organizations with whom the Commission very little contact. Commissioner Themig suggested, completing the two objectives related to sports organizations in 1999. . Administrator Hurm will contact Commissioner Themig to work on the objectives. Commissioner Dallman questioned where costs for electricity and maintenance of the multi-purpose building is included. Commissioner Puzak replied these costs will be off- set by the revenue generated by the building. Commissioner Puzak explained it is important for the Council to provide the Commission with clear direction on funding available from the City for capital projects. Revenues received from sports organizations in 1998 were $7,150. In 1999, only $1,170 has been received to date. "Bills" have yet to be sent. Park Commission August 10, 1999 Page 5 7. CAPITAL IMPROVEMENT PROGRAMMING PARKS: Administrator Hunn explained that some of the 1999 projects are going to be partially completed in 1999 and partially in the year 2000. $38,000 has been included for improvements to Freeman Park related to the development of the property to the east. . Engineer Brown commented that the $38,000 is a balance number. Normally a parking lot estimate is $1,800 to $2,000 per stall. Some discount can be given because an urban parking lot is not being built. If you take the number of stalls, (which is around 50 stalls) times $1,800 this is a substantial amount of money. Engineer Brown said his request to the State has been that the State is to fund $50,000 worth of improvements for closing off the south access road. The $38,000 would be on top of the $50,000. Engineer Brown reported he has not received a final answer from the State. Administrator Hunn commented that the Cathcart'warming house may need to be delayed due to lack of funding. Bleacher improvements are needed so $5,000 has been included over the next 5 years. Commissioner Arnst asked why the $50,000 for sanitary sewer was showing on the parks CIP if it was coming out of the sanitary sewer fund. It was explained that it would be transferred from the sanitary sewer fund as part of the project cost. . It was decided that under the description "hockey/skating area" to change it to "free skating area." Commissioner Themig proposed that the free skating area be put in the year 2001 and move the warming house for Cathcart to 2002 and look at one large improvement a year. Commissioner Bensman noted development of trails would be on- going, not specific to one year.Engineer Brown suggested purchase of a liquidated satellite warming house unit for Cathcart, which could be stored at Public Works during the off season. The satellite could be utilized at Silverwood following construction of the warming house at Cathcart. Commissioner Themig proposed the addition of $5,000 in the year 2000 for a satellite unit for Cathcart. Consensus was to put in the year 2000-$5,000 for purchase of satellite warming house, 2001-$30,000 free skating area, 2002 remove the $30,000, 2003 and 2004 will stay the same. It was asked that the date and draft be put on the CIP when changes are made. Park Commission August 10, 1999 Page 6 TRAILS: Administrator Hurm went over the trail portion and explained the developer of the senior housing project will complete the portion of trail on their land, the City will complete the trail around the pond, as was shown on the master plan. Commissioner Puzak asked if under the project schedule items C and D (Smithtown, Victoria to School and Smithtown, School to LRT) could be combined. Administrator Hurm has been in contact with the City of Victoria regarding their vision to connect to the trail. It is a changing vision. Commissioner Themig felt that the project schedule should reflect each of the trail segments separately. Engineer Brown explained that the Capital Improvement Program is not only a listing of the projects but also a funding mechanism to where you show the proper funding for those projects in the 5 year program. If the Park Commission desires to list trails in the future year then inner-fund borrowing may have to be considered. . Commissioner Puzak stated that if MSA is the only funding, Commissioners should reconsider the project and report these constraints to the residents. Commissioner Bensman agreed with Commissisoner Themig that the project schedule is really short sided and only looking at this year and next year in terms of building trails. No where does it mention grants or MSA funding. Administrator Hurm suggested that he plug in revenues from MSA funds, potential grants or from Shorewood Street Funds. Commissioner Puzak suggested listing them as unfunded, or contingent upon MSA or grant funding. This would identify the options. Administrator Hurm said that he would bring back another version. Commissioners suggested the addition of language explaining the process and future plans. There was consensus to reconsider a revised section at an upcoming meeting. . Administrator Hurm stated that the Park Commission hadn't discussed the Funding Source Summary for Parks. He explained that the donation fees were $10,000 for the year 2000, then there is the concession rental and organization building surcharge for $13,000 for the first 2 years and $18,000 the following years. Administrator explained that what is needed is for the sports organization to contribute to the multi-purpose building to help build and maintain the building to make up for diminishing park dedication fees. Commissioner Puzak suggested a fee for the park, not just for the building. The sports organizations could come back and say they didn't ask for the concession stand. Commissioner Puzak recommended a user fee for Freeman Park, asking for a flat fee per team, per player. Commissioner Bensman agreed with Commissioner Puzak. Park Commission August 10, 1999 Page 7 Commissioner Themig said that he could support this idea as long it funds the activities that they are participating in. Commissioner Bensman left at 10:00 p.m.. Commissioner Puzak stated that he would like to start somewhere with the user base fee and Freeman Park would be a good place to start. Commissioner Berndt asked if there was a way to document which park has generated the fees. Commissioner Arnst asked if there were any ideas for alternative funding sources. Commissioner Themig said that he supports charging fees to fund specific types of activities or maintaining the park for specific activities. He doesn't support user fees for Capital Improvement projects in the parks or for the general operating of the parks. Basic levels of service should be supported by the City. . Commissioner Arnst suggested forming an ad-hoc citizens committee to see what ideas they might come up with for funding sources. The Park Commission has talked about this and hasn't come up with anything. Engineer Brown stated that the Park Commission and the City Council have made a commitment toward the multi-purpose building at Freeman Park and these dollars haven't actually been spent even though they are labeled for the year 2000. He noted the issue of agreements with the sports organizations needs to be resolved to allow the Park Commission to move forward. Commissioners concurred they need to have a long term plan in place in order to prepare correctly for expenditures in the future. . Commissioner Puzak reiterated the need to decide upon user fees to be charged. Commissioner Arnst suggested putting together a committee from the community. Commissioner Puzak stated the Park Commission is a representative of the community. Commissioner Dallman stated that there is a citizens committee, which is the Park Foundation. The Commissioners reviewed revenue from Park Dedication Fees, which is the main source of revenue for Capital Improvements for the parks. Commissioner Berndt suggested event-parking fees. It was noted tournament fees could handle that. Commissioner Puzak suggested as. an agenda item exploringlbrainstorming for funds. Commissioner Arnst asked about antenna lease revenue, and suggested that money go in the park fund. Commissioner Themig stated that the Park Commission will be meeting with the Park Foundation in September and this may be a good time to discuss funding issues. Park Commission August 10, 1999 Page 8 Commissioner Dallman said they should be ready to talk about the user fees, maintenance fees, and means of capitalizing requests. Commissioner Puzak suggested having a slide presentation showing them where we have been, where we are currently and what we are committed to spend, moving toward user fees. Commissioner Arnst stated that the sports organizations and the Park Foundation are kind of one in the same and are they going to cross over and say as a Foundation we gave this much. Engineer Brown noted in order to facilitate the timeline for budget review and approval, they should move forward and address some of the larger issues during the Capital Improvement Program review process. It was agreed that Commissars Puzak and Themig will work with Administrator Hurm to prepare a presentation on funding. . 8. USER FEES Set aside until August 24, 1999 meeting. 9. TRAILS A. Review Island Neighborhood Walk on July 24th B. CovingtonlVinehill Status C. Smithtown West Status D. Plan of Action for Fall Set aside until August 24, 1999 meeting. 10. REVIEW PRELIMINARY DESIGN OF MAGIC SQUARE . Set aside until August 24, 1999 meeting. 11. REVIEW TO DO LIST Set aside until the August 24, 1999 meeting. 12. CONSIDER REPLACEMENT 9F CHUCK COCHRAN AS PARK COMMISSION REPRESENTATIVE TO THE PARK FOUNDATION Set aside until the August 24, 1999 meeting Park Commission August 10, 1999 Page 9 13. REVIEW OF A DOCUMENT FOR TRANSFERRING OWNERSIDP OF PARK IMPROVEMENTS Set aside until September or October meeting. 14. OLD BUSINESS Review Recycling Memo Set aside until August 24, 1999 meeting. 15. NEW BUSINESS . Set aside until August 24, 1999 meeting. 16. ADJOURNMENT Puzak moved and Themig seconded to adjourn the meeting. Motion passed 5/0. The meeting adjourned at 10:37 p.m. Respectfully Submitted Twila Grout, Recording Secretary . t." ~. (J- 4 ,. ~ ~ ... c1 -t .f" l oS 't. -( ... ..t ~ ~ ~ ~ .. ~ , '" t 4- ~ ~ , ~ ~ ~ "" C{" <1" t .~ tJ -f ~ ~ l -~ t ... ~ l.\l .+- I:lo ~ .. H ~ 3 ~ -&::l -= ('of ~ "" v or- "~ ClQ \~ .... s; ~ d l.I.! \".... C"6 ~ ;-- ~ ~ .A I .silt( ~ ~ ~ a .. Q ~ r. -f' I ~ 0. ~ 0 g '" I ..:r- , \. "" ,\ 0 \:II "" .... ~ ~ ~ .~ '0 ..:. ~ ~ -~ 0... - of "" ~ ~ ~ ~ t- ..t , ~ t. ~ - '0 .r'Ir - 11> "'--0 ~ C> . eJ .::r- ~l>:> ~r .I \lI ) .; .J occl:.: ') " ~ ~ ""'<; II... .' '" ClC, to. "'(; , E. d (: ~ ~ ~ ~ " "-' .., r' ~ 'I-. " ~ .. .... '" J.L .- LL. .. ...c:) ..c:. -c -....r: ... (.., ( If '" u ..J ~ 4 ~ -l: <l'. 'O..Sl. iI Ii'l , ~ s:. J .' -l ...Q ~ .... ..::... <!. <S ~ ... '3 "'- ... .., \t (: J .~ s::: q. l> ::t <" c:; ~ '" f -< QJ c:.. .. ..... ..::::::::. .::::::: ~ IL ~ .~ ~ ~ '" '" --t! "'=t: '" (U ( ..f- s::: ~ ... <tr. {-4 ..Q (~ -f.. ~ '" ~ l- t. N "'" '.1'\ 'C r ~ ~ f!l 1'- i ~ 1\, v ..,. ~ ~ ... ..,., (S .~ (+. \! Q ., s .:r - --.-. ~... ~ ..;....... r...,: )/ I LfI ~ -f 1eJr -""'''7 h ' ~\J 'J:>.}. {I - '"'":' $ .., '" 11 \.(/ ':> '-.J"fl') - ~I?J\ <1 ~ ~'f5 ~ ..N1~ 'i I rw? '~( t . '~I~ d S ~'1 C . ftI1f) . f 5 -~.'$~ f\J:.,.') . c. ~ ~ ~ 1C J'?] Vo.{ JiS ~ > ~ It p -; \ J, J. :r. leJ .I "v.f1fJ.A.'t1!1r ~ '~r--, ~(. \.II OJ ""'111 LJ I'AO '1 "",-0 2' /'. f}{)' l... D;J ~ J./ ~ 'ru .r~1!,"".1 /,., \7.~"''' AM 5 $ (" r he S="p II ~'''' 1: ~7& ~ '1'>:iD lltW'f;; ( ,ot" 15) r; -"'0 't do :::ra: ,'J,?JYd ~ hI ~.. It: "jJ\A( ti ~hb C -C ''';7 LITTLE LEAGUE IMPROVEMENTS TO FIELD 2 Phase I 1. Reconfigure bases 2. Remove outfield sod and replace with agg lime (from infield) 3. Remove infield agg lime and add black dirt (from outfield) 4. Install new infield sod . Phase n 5. Add height to existing backstop 6. Move spectator bleachers 7. Install new backstop 8. Install net for foul balls and shade between backstops 9. Install 4 batting cages in right field area 10. Install foul line fence from backstop to right field comer (with gate for city equipment) 11. Install gate in right center field for city equipment 12. Install opening in left center field for players 13. Install batting cages on field #3 left field area . j:56 t- . "---'___M'.n ....... . 0' ......... . 41 ~ ~ ~l .. _.~.......,' =1= -.., .... ....-..- .. '-'.-.-... . I..... -- -- o --M-i-"'--- o , =+==- 2=) . . -- ..r.....f .,.. k.... R '. ., ...... __.,._. ~ 7. fi lil \l.. ~ l -C) l[ ;( -. g i , -~ l - - ~ ~ ! i f !l ~ ~ '::1 ~ ~ l t ! ~ l ~ ~ it f- L ... ~ 1 ~ u\ i li '-1 ~ -. i6 ~ --)..: \: ~ ~ f ~ E - ~ ~; g ~ ~ ~ t. ~ E it L.;; t= ~f) {) ~ Ul ./ ~ ~ ,/ --- L ~ ,; ~ . t. I . ....'~... I - I & I I e 1_- ~ ---- ) I .. ft.. . . . . ,to> . , .... . ...... ~ J ~ E .s ~ ~. ~ ; - .. .- .....- .../ ! ~ ! ~ "- ! i ~ ~ f i lI. ~ ."~ \j ~ ~. ~ - ,!i ~ . -I = u : 8 ~ = j I ~-_... -'i~' " -~ J" I ~ -t\ ~ ' III J t , .. - -f'-'" I I "'- ~ (}. N .1 ... ~ ~ ~ .1 ::J. ~ . ~ 1\. \.' i ~ I ~ I I ,. ..... , ~~ I. \. , ',~ r I 1\.. -+ ,\.... \ " " . ~ "------y '0 '.1 .1 I :,..~ \'t ~ iii .... -. . I " " " ~-- ! ~---... , ( ( ~ ~ f { ~ oJ I, ::> " ~ .ii >'- ~, III o't. ~ . ., , L: i !: <. \ \ \ \ \ . . ... . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 3, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Callies called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Callies; Commissioners Collins, Bailey, Woodruff, Turgeon and Skramstad; Planning Director Nielsen, City Engineer Brown, and Council Liaison Lizee. Absent: Commissioner Anderson ,,* APPROVAL OF MINUTES Planning Commission Minutes - July 20, 1999 Commissioner Turgeon stated she was not happy with the minutes from the last meeting, as they seem disjointed and don't cover enough detail of what was said in the meeting. Collins moved, Woodruff seconded a motion to discuss the minutes of July 20, 1999 after all Public Hearings were completed. Motion carried 6/0. 1. PUBLIC HEARING: C.U.P. FOR MULTI-PURPOSE BUILDING AT FREEMAN 'PARK ADDlicant: Location: City of Shorewood 25800 Highway 7 Planning Director Nielsen provided information on the proposed Multi-Purpose Building at Freeman Park, including a site map, building plan, and floor plan. One highlight was connecting the building to the City sewer, as that park does receive a lot of traffic. Construction of the building results in very little site alteration. Staff recommends approval of the C.D.P. Commissioner Woodruff questioned if the exterior is going to be good for less maintenance and repair of any possible vandalism. Planning Director Nielsen stated it is the best material overall. Commissioner Woodruff questioned if hooking up to the City sewer was a logical addition, or if the City is going out of their way to connect. ... PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 2 City Engineer Brown stated staff had looked at connecting to Shorewood Ponds but that option was not feasible. Staff believed the route planned was the best route. Chair Callies opened the Public Hearing at 7:19 p.m. Hearing no public input, Chair Callies closed the Public Hearing at 7:20 p.m. Commissioner Bailey questioned if there was any specific issues the Planning Commission needs to address that the Park Commission did not address. Planning Director Nielsen stated this would be the case if the building was closer to the residences but, as it sits, the Park Commission has thoroughly thought out the type of building, materials, and possible uses of the building. Commissioner Skramstad asked if there were going to be lights around the building. Planning Director Nielsen stated that only wall packs would be installed to light up the bathroom . entrances. City Engineer Brown added that a study done a couple of years ago on lighting showed that lighting too much around the buildings seemed to encourage late night parties and so on, so the decision was made not to add too much lighting. City Administrator Hurm added that, in the future, more lights are possible as a skating rink may be added to Freeman Park, which would be lit at night. Turgeon moved, Skramstad seconded a motion to recommend approval of Conditional Use Permit for a Multi-Purpose building at Freeman Park, subject to staff recommendations. Motion passed 6/0. 2. PUBLIC HEARING - C.U.P. AMENDMENT FOR ACCESSORY BUILDING . Applicant: Location: Excelsior Covenant Church 19955 Excelsior Boulevard Planning Director Nielsen presented information regarding the request for a C.U.P. submitted by Excelsior Covenant Church requesting a change to their site plan to build a two car garage to house the church van and some additional equipment on the northeast comer of their property, into the hill and woods. Staff recommends approval, contingent on moving the building slightly to avoid damaging large trees on the property. Chair Callies opened the Public Hearing at 7:28 p.m. . . PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 3 Mr. Fred Simon, 19780 Excelsior Boulevard. Deephaven. addressed the Planning Commission with no objections. Mr. Simon stated after he had seen where the building was going to be. he believes it is a good plan and will not impact his neighboring property. Hearing no further public input, Chair Callies closed the Public Hearing at 7:30 p.m. Commissioner Bailey questioned how tall the garage is ~oing to be. Planning Director Nielsen replied that it will be 12 feet high. 15 feet is the maximum allowed. Commissioner Skramstad questioned what is kept in the existing shed and asked if one garage could suffice. Planning Director Nielsen replied that lawnmowers and other gasoline-operated equipment were kept in the existing shed and storing this equipment with other vehicles has not been discussed with the church officials. Turgeon moved, Bailey seconded a motion to recommend approval of an amendment for a Conditional Use Permit for accessory building for Excelsior Covenant Church, 19955 Excelsior Boulevard, subject to staff recommendations. Motion passed 6/0. 3. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 S~UARE FEET Applicant: Location: William Dickson 26245 Birch Bluff Road Planning Director Nielsen presented information regarding the request by Mr. Dickson to build a detached garage at the rear of his property, with a driveway coming off Grant Lorenz Road. The purpose of this garage is to store a boat and equipment inside. which is currently stored outside. Some tree removal will be necessary, and Mr. Dickson will cut a new approach for the driveway. fill in an existing cut. and provide additional landscaping if the City deems necessary. Staff recommends approval with the condition that all slopes remain to avoid erosion problems. Chair Callies asked how concerned staff is that erosion will occur. Planning Director Nielsen replied that some additional landscaping may need to be required. Mr. Dickson replied that he wants to keep the vegetation very thick in that location anyway, and would be happy to add whatever the City deems necessary. Chair Callies opened the Public Hearing at 7:38 p.m. Hearing no public input, Chair Callies closed the Public Hearing at 7:30 p.rn. PLANNING COMMISSION MINUTES AUGUST 3,1999 - PAGE 4 Commissioner Woodruff stated concern about the traffic on Grant Lorenz Road. Planning Director Nielsen stated that this driveway won't be used on a daily basis, as it is not a primary garage. Commissioner Turgeon stated she objects to the location of the driveway on Grant Lorenz Road and asked if there was any way the existing garage can be expanded to provide storage for equipment. Mr. Dickson replied that there is not enough space to expand the existing garage. Commissioner Collins suggested putting up "blind driveway" signs to help alert approaching motorists. Planning Director Nielsen stated that the sight lines will need to be improved by removing some . of the brush, however, as it will be so slightly used, signs may not be needed. Nielsen recommended that the applicant meet with staff to make sure the sight lines are clear enough. Commissioner Skramstad questioned if any trees were to be removed. Mr. Dickson replied that this area is heavily wooded, so some trees will come down, however, he is attempting to keep as many large trees as possible. Commissioner Turgeon asked if tree protection will be required during construction. Planning Director Nielsen stated that it can be a condition of the permit Councilmember Lizee expressed concern on the location of the driveway, as it is very close to the intersection of Grant Lorenz Road and Edgewood. Commissioner Collins stated that the applicant is trying to improve his property and is very concerned about the well being of the vegetation and trees on it. Collins moved, Bailey seconded a motion to recommend approval of a Conditional Use Permit for accessory space over 1200 square feet for William Dickson, 26245 Birch Bluff Road subject to staff recommendations and the recommendation that tree preservation measures be taken during construction and a retaining wall be placed on both sides of the . driveway, and the old driveway be filled and landscaped. Motion passed 6/0. . . PLANNING COMMISSION MINUTES AUGUST 3, 1999 - PAGE 5 4. PUBLIC HEARING C.U.P. AND SETBACK VARIANCE FOR A SUBSTANDARD SHORELAND DISTRICT LOT ADDlicant: Location: Patrick and Victoria McConnell 4300 Enchanted Drive Planning Director Nielsen presented information regarding the request for a C.D.P. to build on a substandard lot on Enchanted Island, presenting a site plan and house plans. In 1995, a C.D.P. was requested and approved, however, this request is much better planned. The house fits the lot very well, and conforms to most setbacks. He noted that bad soil is a problem, and pilings will be used on the house rather than removing soil and refilling. Also, front yard setbacks do not comply, but this is in keeping with the character of the area, as most houses on Enchanted Drive are even closer to the street. Planning Director Nielsen explained that taking out the existing abandoned tennis court is an improvement in regard to having less impervious surface as now exists. Staff recommends protecting existing vegetation during construction, on both sides of the property. Also, use of pilings for the house, and that erosion control measures be taken during construction. The applicant has one year from the City Council approval to apply for a building permit. Keith Waters, Keith Waters and Associates, was available to answer questions and stated his belief that the property would be improved with this change from the abandoned tennis court to a residence. Chair Callies asked if it would be possible to build the house so that it complies with front yard setbacks. Mr. Waters stated it would not be impossible, but very nearly. Commissioner Turgeon questioned where their dock would be and what kinds of vegetation will be placed between the house and lake. Ms. McConnell replied that some will be kept natural, mostly coming up the hill, and some sod and yard will be added. Commissioner Collins questioned the location of a well for this residence and if it would be close to the oak trees that are to be preserved. Planning Director Nielsen stated it would likely be in the front yard, likely directly out from the front entrance, not near the oak trees. Commissioner Collins questioned why the 1995 plans were never completed. Planning Director Nielsen stated that plans were continually changed, soil problems were never resolved and, eventually, the permit expired. This time, a different applicant is involved. PLANNING COMMISSION MINUTES AUGUST 3, 1999 - PAGE 6 Chair Callies opened the Public Hearing at 8:10 p.m. Susan Skiem, 4325 Enchanted Drive, addressed the Planning Commission, asking if the trees along the fire easement will be protected during construction. Planning Director Nielsen replied that both sides of the property will be protected. Mr. Knrl Schuele, 4320 Enchanted Drive, stated he is in favor of this plan and believed it is a vast improvement over the previous plan. However, one concern is that the City has pushed show into this lot over past years, and he is wondering what will be done now. Planning Director Nielsen stated that likely the snow will need to be hauled away. Ms. Schuele stated she would like to have that in writing. Hearing no further public input, Chair Callies closed the Public Hearing at 8:14 . p.m. Commissioner Skramstad questioned the optional storage room shown on the plans, and asked if that was included in the total of hardcover in the plan. Mr. Waters stated if that optional room is put in, his company would make sure that the plan is still within the percentage of hardcover allowed, and within the side yard setback. Commissioner Woodruff questioned how many trucks will be needed to haul the tennis court away and bring in materials for the house. Mr. Waters replied that he does not yet know what is under the tennis court and cannot accurately reply until this is revealed. Commissioner Woodruff stated she is concerned about the number of trucks and where they will . be parked, as there is not room for much equipment in that area Planning Director Nielsen replied that he would work with the construction company on that, and it would need to be carefully coordinated. Commissioner Turgeon stated that residents could call and complain if need be, and Planning Director Nielsen can monitor the construction as he does with other cul-de-sac construction sites. Turgeon stated she remembers the 1995 plan and believed this one is a definite improvement. Commissioner Skramstad questioned how lake setbacks were arrived at. Planning Director Nielsen stated it is the average setback of the surrounding properties. ~, I, PLANNING COMMISSION MINUTES AUGUST 3, 1999 - ~AGE 7 Commissioner Skramstad stated he would like to have more discussion on whether this IS appropriate. Planning Director Nielsen stated this is how it is defined in the ordinance. Collins moved, Turgeon seconded a motion to recommend approval of a front yard setback variance for a single-family dwelling at 4300 Enchanted Drive. Subject to staff recommendations. Motion passed 6/0. Bailey moved, Turgeon seconded a motion to recommend approval of a Conditional Use Permit to build a single-family dwelling on a substandard shoreland district lot for Patrick and Victoria McConnell, 4300 Enchanted Drive, subject to staff recommendations. Motion passed 6/0. 5. CANCELED . 6. MATTERS FROM TO THE FLOOR There were none at this time. 6A. MINUTES Chair Callies questioned whether the way the minutes were kept, in general, is in question. Commissioner Turgeon stated she feels there are more specific problems with last meetings' minutes. Chair Callies then stated the most expeditious way may be to re-do the last set of minutes. However, if the entire content is in question, that needs to be addressed. . Commissioner Bailey stated he would like to see more detail in the minutes. Commissioner Turgeon suggested some subjects be "pieced together" if the discussion swings to a different topic and back, as that is one of the problems with the minutes from the last meeting. Commissioner Bailey disagreed, stating if that is the way it is discussed, that is what the minutes should reflect. Woodruff moved, Collins seconded, a motion to direct that the minutes be redone for the July 20, 1999 Planning Commission meeting. Motion passed 6/0. PLANNING COMMISSION MINUTES AUGUST 3, 1999 - PAGE 8 7. DRAFT NEXT MEETING AGENDA Items for the next meeting include: Study Session on Housing Chapter final Draft of Natural Resources Chapter final Draft of L-R District Ordinance 8. REPORTS Commissioner Turgeon questioned when the projects list, originating from the Comprehensive Plan, could be done. Planning Director Nielsen stated it could be done after the Comprehensive Plan is done. Commissioner Turgeon stated that Commissioner Anderson was to be the liaison to the City Council on August 9th, but he was not present tonight. Turgeon stated she would be available on . August 9th. Councilmember Lizee reported that the City has not yet heard back from the school district regarding the telecommunications equipment for the west water tower. 9. ADJOURNMENT Collins moved, Bailey seconded adjourning the meeting at 9:50 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED. Kristine Kitzman Recording Secretary TimeSaver Off Site Secretarial, Inc. . . .,. . . -F-I-N-A-L - D-R-A-F-T- 1201.24: L-R LAKESHORE RECREATIONAL DISTRICT: Subd. 1. Purpose: This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the City which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this City and the providing of an opportunity for access to that facility is, in the opinion of the City, an adjunct of zoning by the City. Recognizing the primary residential nature of Shore wood, it behooves the City to subject such possible areas available for access to the lake to close scrutiny and limitation 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. Subd. 2. Permitted Uses: The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in subdivision 8. below: a. Water-Harboring of Boats: At docks attached to land including limited related service facilities as hereinafter authorized, subject to an annual operating license which shall be issued only in accordance with the following standards and limitations. (Ord. 180,5-19-86) Subd. 3. Permitted Accessory Uses: The following are permitted accessory uses in a L-R District: a. Off-street parking as regulated by Section 1201.03 subdivision 5 of this Ordinance, and by Section 1201.24 subdivision 8.h. of this Section. b. One clubhouse building, not exceeding two thousand (2000) square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine- line equipment, soft drinks, prepackaged foods, shower and meeting rooms. c. One storage building, not exceeding one thousand two hundred (1200) square feet of floor area. d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local fire marshal, the Pollution Control Agency, Department of Natural Resources, and other applicable agencies, and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of said yacht club. 8/99 b.A. ~ . . e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council. Subd. 4. Conditional Uses: The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 1201.04 of this Code.) a. One (1) single-family dwelling used as a caretaker residence, provided that: (1) The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this Code. (2) The provisions of Section 1201.04, subdivision 1d(1) of this Code are considered and satisfactorily met. b. Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that: (1) The area is fenced and screened from view of neighboring residential uses or if abutting an R District. . (2) Storage is screened from view from the public street right-of-way. (3) Storage is landscaped to provide a buffer from all other public rights-of- way. (4) Storage area is grassed or surfaced with pavement or class V, or the equivalent, to control dust. (5) Landscaping is provided in compliance with Section 1201.03, subdivision 2g of this Code. (6) Lighting shall comply with Subd. 8.k. of this Section. (7) Except for winter storage of boats, storage area does not take up parking space as required for conformity to this Ordinance. (8) The provisions of Section 1201.04, subdivision Id(1) of this Code are considered and satisfactorily met. Subd. 5. Lot Requirements and Setbacks: The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this Ordinance: a. Lot area b. Lot width c. Lot depth Not less than 60,000 square feet Not less than 200 feet Not less than 150 feet -2- 8/99 . . d. Setbacks: (1) Front yard (2) Rear yard Not less than 35 feet Not less than 50 feet (from the ordinary high water mark) (3) Side yard (a) From residential (b) From nonresidential (4) From public right-of-way other than street Not less than 50 feet Not less than 15 feet Not less than 10 feet Subd. 6. Building Requirements: a. Height: The clubhouse structure shall not exceed two and one-half (2 1/2) stories or thirty five feet (35'), whichever is less. Other accessory structures shall not exceed one (1) story or fifteen feet (15'), whichever is less. Subd. 7. Application Information Requirements: The following information is to be submitted to the City for consideration of rezoning to L-R, Lakeshore Recreational District: a. The landowner's name, address and interest in the subject property. b. The applicant's name and address if different from the landowner. c. The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor. d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. e. Legal description of property upon which proposal is to be located. f. Written description of proposed operation and use. g. Site plan similar in detail to a preliminary plat drawn to a scale of one inch to twenty feet (1" = 20'), and which site plan shall disclose the following: (1) Dimensions of the site. (2) Location and dimensions of all present and proposed buildings. (3) Location and dimensions of land recreation facilities. -3- 8/99 en ..... '>( v ~ c:: CIS <I) V U c:: ~ ..... c:: v ~ CIS o Q:: ,-.. '<1" '-' en ~ ~ c:: CIS ..... <I) c:: .9 ..... U g <I) c:: o ~ c:: b/J ,- <I) v ~ '""' .- v ..c:: ..... ~ c:: CIS ~ CIS e <I) <I) v U U <: ,-.. Vi '-' ~ o Ei:: u !C ] ~ a 00 c:: ~ 0.. ...... o c:: o .- ..... CIS U o ....:I ,-.. \0 '-' 00 c:: .- c:: v e u <I) ...... o c:: b/J .- <I) -8 ~ a c:: o .~ U o ....:I ,-.. t"-- '-' 00 c:: .- ..... ..c:: b/J .- - ...... o c:: b/J .- <I) v ~ ~ ~ c:: o .~ g ....:I ,-.. 00 '-' en c:: o .~ u <+:: .- U v 0.. <I) c:: CIS 0.. b/J .5 ..... c:: CIS 0.. ~ ~ c:: b/J 'V; -8 v ~ U ~ c:: ~ ~ ~ .~ ..... V o ,-.. 0\ '-' ~ CIS c:: .~ '""' o 6' ...... '-' en V u 'E V <I) ~ B CIS ~ ~ V N 'c o -5 ; ...... o <I) c:: o .- <I) c:: V e :e ~ c:: CIS c:: o .- ..... CIS U o ....:I ,-.. ...... ...... '-' en c:: b/J Ci5 ,-.. N ...... '-' . cLi ~ ..... ~ e o ..c:: <I) ~ ....:I ,-.. ~ ...... '-' -5 ~ .- ..c:: ~d) v..c:: U ~ ~~ :.::1B 0.. CIS e.~ . O~~ u.e g c::V~ '-.D ~ vi- V ~~~ u..c:: c:: OVlb/J ~ V'V; ......'""'V o~~ ..... V g~-5 'V; ~ c:: c:: .- v~-5 e v._ .- ~ ~ ~.D~ ~ee c:: =' 0 ClSC::.D 6b~ ] oc;; = 0 VCIS.D '"t:l-5l_ ~ o~..c:: ~g:; ..c::'"t:lClS 1.I)..c:: 0 ~ U .D c:: CIS V .9 ~ c:: ..... , 0 CIS <I) c:: u~CIS o>..c:: ....:10..... ,-.. IS. e '<1" 0.. 0 ::::'ClSe 0,"", u 0 ~g 1.1) V '8- ~ u ~ u o ~ ..... CIS o .D ...... o c:: o '.:;j 0.. 'C u <I) V ~ ~ c:: CIS g .~ u o ....:I ,-.. Vi ...... '-' u S g ~ o .D ...... o ~ o ~ ,-.. \0 ...... '-' f ~ o .D ~ V <I) o 0.. e 0.. >> ~ ...... o c:: o .- ~ u .3 ,-.. t"-- ...... '-' 2 .- <I) V ..c:: ..... ...... o ,-.. o o Vi '-' ..... V ~ ~ ~ c:: ] V > <+:: c:: :.s '~ e 8- e 0.. ...... o b/J c:: '2 ~ >> .D ~ Vl $a <I) <I) V U g ~ ~ ,-.. 00 ...... '-' <I) .~ ..... .- - 'g ...... c:: ,9 ..... u ~ '0 u ..c:: e ..... ...... o c:: 01) 'V; V ~ ~ ~ c:: o .~ g en ....:I ~ ~....... O\U ......~ '-''0 u ..c:: <I) CIS '""' ..... . c:: CIS 0.. V ..c:: ..... c:: o c:: ~ o ..c:: <I) 00 c:: :e - ] V -5 ...... o V <I) =' ~ ~ c:: b/J 'v; V ~ '""' o 'C V ..... .s ,-.. o N '-' i> .- - 'g ~ V -5 o ..... ~b/J V c:: b/J'- ~~ ,- -d'~ V ~ 6b'€ .- V ~o.. ~e Q) 0- .D~ 0'- .....1:: <I) Q) '-~ ;>:- . V; t: e Q) 0....... e 5 o..g Q) '-" -5"g ~-5 0'- ..c:: ~ b/JQ) c::::O :S'.:;j . c CIS ~ S- Q) 0 ~u 1::~ e 0 Q)..... ~ ~ 1;l"E c:: 0 0 ~,e~ 'c ~ B ~ B'S <:~:.::1 Q)..... 0..0 o c:: ~..... , c:: =' ..c::~.D ~ .- "3 u 8- <I) e B ,- '""' Q) -5 o ,-.. ...... N '-' ...; c:: 3 8 .- > c:: Q) b/J c:: ,- > .- - b/J c:: :e c:: =' g =' <I) c:: o 0- =' ..... g s- .- ~ c:: CIS ~ ,- - :s .~ 0.. e o u ] Q) c:: o i> ~ 50 '""' B CIS ~ ~ ~ l-< :.( ,-.. ...... '-' ,-.. N '-' I 't 0\ ~ 00 . . (3) Wetlands. (4) Noise, (5) Traffic. (6) Boat harboring and lake use. i. A description of use for which all buildings on the property will be used. j, Copies of approvals received from State, regional and other agencies who have or claim jurisdiction over the proposed use, or names of agencies to whom applicants propose to request and obtain approval for operation as proposed. Subd, 8, Special and Specific Standards and Conditions: The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats. a. Site shall be located on a lake which has at least two (2) public accesses of at least fifty feet (50') in width located within the Shorewood City limits. No site shall be located closer than five thousand feet (5,000') as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility. b. All applicable State building and operational standards are complied with. c. The minimum number of slips to be authorized shall be ten (10); the maximum number of slips shall be consistent with the number of slips licensed by the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances. d. Minimum lakeshore footage required shall be two hundred fifty feet (250'). e. Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take into consideration: (1) Traffic congestion. (2) Safety. (3) Proximity to homes in the area. (4) Excess parking available. f. Location and Construction of Docks: (1) Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake: -5- 8/99 For that portion of the length of the dock which extends from the shore The setback shall be: Zero to 50 feet 10 feet 50 to 100 feet 15 feet 100 to 200 feet 20 feet (2) Dock structures shall extend into the water no more than two hundred feet (200') as measured from the point the dock touches the shoreline. . (3) Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of forty (40) pounds per square foot, and a maximum deflection of 1/180 of span shall be required. (4) Dock structures shall comply with the requirements Of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended. g. Restriction on Use of Land: (1) Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with subdivision 4. of this Section. (2) No outdoor storage of other items shall be permitted. . (3) No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility. (4) No license for dispensing of intoxicating liquor or non-intoxicating malt liquor shall be issued for the property. (5) No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and guests accompanied by members, but in no case shall meals be offered for sale to the general public. h. Parking, Roads and Driveways: (1) One motor vehicle parking stall, computed at the minimum size of three hundred (300) square feet, shall be provided for each authorized boat slip. -6- 8/99 (2) No parking shall be permitted within fifty feet (50') of the ordinary high water mark. (3) Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of twenty two feet (22') of driving surface. (4) All access roads and driveways shall be surfaced with a permanently dust-free surface; the proposed facilities, including roads, driveways and parking areas shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least forty feet (40') measured from the edge of the street pavement. . . (5) No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights~of-way or public access driveways. i. Screening: Where a use abuts an R-1A through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of Section 1201.03, subdivision 2.g. of this Ordinance. j. Signage. The total number of signs allowed on the site shall be two (2), one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed twenty (20) square feet in area each, nor more than eight feet (8') above grade. No sign may be erected without the approval of the City Council. . k. Illumination: Any lighting used to illuminate an off-street parking area, other area, or structure, shall be arranged so as to deflect light away from any adjoining residential use, the lake, and from the public streets. Direct or sky- reflected glare from floodlights shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. No light or combination of lights which cast light on residential property, the lake, or the public right-of-way shall exceed four-tenths (.4) foot- candles (meter reading) as measured from the property line and 250 feet from the shoreline. 1. Noise: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC, as may be amended. m. Drainage: No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer. -7~ 8/99 n. Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District, and appropriate State agencies shall be demonstrated and filed with the City. Subd. 9. Application Evaluation: a. Upon receipt of an application containing all of the information enumerated in subdivision 7.hereof, the City Council shall review the same. b. If, in making the review, the Council finds: (1) That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon: . (a) The natural environment. (b) Public health, safety and welfare. (c) The possible infringement on the public rights to use the public water. (d) Any unreasonable infringement or restrictions on the use of existing adjacent residential areas. c. If such a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must . be approved by the Council prior to the commencement of the study. d. The applicant shall, prior to the commencement of the study, deposit with the City Clerk that sum of money the Council deems necessary to pay for the cost of such a study. ' e. The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration. f. The environmental study shall be waived by the City Council in the event such a study is ordered by the Minnesota State Environmental Quality Board. g. The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration: -8- 8/99 (I) The environmental study report, and (2) The effect the proposed development may have, upo^ the public health, safety, welfare or public right to use the public water. Subd. 10. Licensing of Facilities Authorized Hereunder: a. Upon granting of a rezoning pursuant to this Ordinance, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council. (1) An application for a license must be submitted to the Zoning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year. . (2) The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council. (3) Renewal of the license shall be granted only provided the operation is in conformance with the terms of the conditional use permit. b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than ten percent of the issued and outstanding stock of the corporation will be deemed a transfer of the license. . c. An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the City of Shorewood residents. d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With exception of power boats necessary for the operation of the facility, water harboring of boats on any site located in Gideon's Bay shall be limited to sailing boats only. Subd. 11. Termination Procedure for License Previously Issued: a. If upon inspection by the representative of the City Council, it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license: (1) The licensee shall be informed of such violation in writing by the Zoning Administrator. -9- 8/99 (2) The licensee shall be notified it has twenty (20) days to correct the violation. (3) If the violation is not corrected within said time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council. b. Failure to have a valid license in force shall be prima facie evidence of a violation of this Ordinance. . . -10- 8/99 .J~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DA TE: 1 August 1999 RE: Freeman Park Picnic Shelter - C.D.P. FILE NO.: 405 (99.13) BACKGROUND . The master plan for Freeman Park (see Site Location map - Exhibit A, attached) includes a multi-use building, to be located in the vicinity of the northerly ball fields and the northerly parking lot (see Exhibit B). Section 1201.10 Subd. 4.b. of the Shorewood Zoning Code requires that public recreational buildings be processed by Conditional Use Permit. A public hearing has been scheduled for 3 August 1999. Freeman Park is Shorewood's largest park at approximately 52 acres. The Comprehensive Plan classifies Freeman Park as a community park, which includes both active and passive recreational opportunities. The park is zoned R-IA, Single-family Residential. Exhibit C shows in detail how the building will be situated in the park. As can be seen on Exhibit D, the building will contain 1475 square feet of interior space, including a multi-use room with concession area, storage and restrooffiS. The attached picnic pavilion measures 27' x 32'and contains 864 square feet of area. The building will be one story in height, with decorative concrete block at the base, cedar siding and a gable roof with asphalt shingles, as shown on; Exhibit E. Additional background information is provided in the City Engineer's memorandum, dated 21 July 1999 (see Exhibit F). ~n. PRINTED ON RECYCLED PAPER ... fo.8. . . .> Memorandum Re: Freeman Park Multi-use Building C.U.P. 1 August 1999 ANAL YSIS/RECOMMENDATION Section 1201.10 Subd. 4.d. of the Zoning Code sets forth several criteria for the consideration of a conditional use permit for a recreational building. Following is how the proposed multi-use building complies with the Code: 1. The minimum side yard setback requirement for the R-IA Zoning District, in which the Park is located, is doubled, to twenty feet. The proposed shelter is approximately 300 feet from the nearest property line and 450 feet from the nearest home. 2. A heavily wooded area separates the proposed building from nearby homes. This location results in minimal site alteration and no loss of trees. It also relates very well to the parking lot, ball fields and future skating rink. 3. Parking is in place for Freeman Park. As mentioned above the multi-use building is located so as to be convenient from the northerly ball fields and parking lot. 4. The proposed shelter is consistent with the Shorewood Comprehensive Plan and is compatible with residential development. Based upon the preceding it is recommended that the conditional use penp.it be approved so that construction of the shelter can take place this construction season. cc: Jim Hurm Larry Brown Tim Keane Park Commission -2- )ER LAKE MINNETONKA ~ ~ _V I _ A lILllWJ am T ?'~ I /' L \\f-i~ ~ ~~-LLJJl~ IT ,ElMROOE ! / I~~~ Ik~ ~ '1 CIR r I Q JJ--r \~~ I 0 ~ ot;~ ~-I IT\\>.< r?~ NO rnJ-L I) 1 ~ ~ 1:: ojl\J 1"" 0 0 · · · · "'~' /.: l1z -' :iE1:.J :'!'i ~~ \/A i\l. . bY ",-,. · 0 ./ .1f// W-. ClR ~~'i. ~ -J~eJ~R\ 1:. ....~ ~ ~ ~"DI \ \ ':J tf(C1~ ~ -- 0 ~ ..' ~ · · ;:. ~ J. /---- a - - · / I f-~ .~J ~ VA [llTI ~E /~~ 11 =fliT ~ I~ I I I^t~:~ ~~ 10 ""-1:::- /A' ~ ~ V(/; ~~ ~ \ -EEfE fy 0Y 2 f ~ 1 ~=> ~ ..::- ~ r- I---... L III _I rr ~ ! L ~ DING ~ s= J\R o vr ~ ~~w ~~_lLJrt~ s;:';-n L-! =~~ - m ~ ~I P ~1i/ ift2r L- -: -~~= ~~ Ii n:~ RD m /1s~- \ ~ /- [ I I >- :=U M')A( ~"'''"'''''' WAY ,,' ':~ = "-~~ ...... H :; ~ - rY F Ii ~v1 o~ ..... ....... MtNjLA ~ - - ~ .~.u...........u. ......,.....n...... ......U...UU.h. ...u.............. ....n.............. uu..........n... .. z ............... ~ ............ .... l:X .. .0 .. 1111. ~::=: SPRL :EE3 1\ \ · mm;;::'., ~ - , --f; '" l~ \ \ ~\ M ~A~g,f?~~ I nW WIl / ~ "'........~ ~ y ~~ ~ - ~B RRY~ / ---r r I '" ctlR n/ A <lj II I Q A LE l .../- ~ VE " ~_,._" ..E. :r w I 8TIJJJJJJ .-- ... Ii) er:: ~ I _; LJ ~m ~ 11 '1'ft'l' IIII t3': 62NO ST W 800 I o 800 Feet 6 I N Exhibit A SITE LOCATION Freeman Park Multi-use Building C.D.P. ---I i !: ;~ h I: ;, Ii fi .. ,. n . . J !., . L!. ' J ,">-......)1...... n_ ',I'll:,',~,.\ ! _, '.n '. I \ :--\ , --r~'-~-... t' --.....;..~ ~. \ t l.---.~..r" ", "1' \ '! ;-"",:::,",~ 'i ~ ''t! ".," ~... \ ~ \t ~._.-CJ l. .",- t i;:: "'~ . , ~ I,~ \ I; r.\". ~.<; ..) c \ . i !,',<l '~\J j .t., '. .?- _: 1/ .,~ .'C~ .t;'" .J .lt~ "_ ~r~ \ ....:..; .' "&.,1', .. ~ i1':~';J.>- ;i." -=;d tj~i: " '" ~ 'I ~:L.~ _~ t. '-' ,I.. ~_-~_. L___.._ -----... .--.. ~----.--I---- I I I I' i I i __J ---..-.......; ----.--, , \ \ \ / \ :;:~' ~ : . ........ i -.. . . .~ \. . ~ ~ . ' -----.------.-..-.---i \.'" 1,.... ~ ! \ "P".".J . -,. '-.,,-.; /" ~ .~ ,,: 'I rH "1 nil Hi I J1R Ip- - f.H. ~hl.t. : UJm ,v: ~ ~ ~ C ~ 8 (1) (1) ~ lI. -y ,. . , 11-93 CF-30 Exhibit B FREEMAN PARK MASTER PLAN From 1995 Comprehensive Plan ~ ~ rJJ a; j ~.s =lIr.l ~5 ~~ "a~ "ti ~i 0 ~ ~. ftl;) e I ~~ ; ] ; =.! ./ ;;8 00 ~= ~ ...= 0 ~ .€ u o on o o ~~ x o o '\ I Ii' / I ,/ I .' ';:j , ...... ......./ Oll \. o x o I .1..- t on N o on "l i , il ..~)I 0\ 01 il . Q(J \ \ -l?,=-::-' \ 0 f' .....~ ~~ ---~ ~-.-. ".. ..-'" ..-'" ... \ , ......~...#~.,.....\; . \0 .' \ (. j 01 / \ I . i I I I J / ". '. k ~ ""-.., ti \ i ~ i " J I " ......5L. ,., il "! Ii \ '. ... / " , " ".. \ \\, ~ vO WD~ \. ..~ 0 xi 0...... \ . ,.,.\~., \, ........~ "".,0 .......".~~.:(}:.~.: , \ \ '. ;;;:;;?' r:J _, _,It ..... \ -~ ~ I~-\- \...) (".1 ~ 00 . . ()') , I i \ ) ..G....._ :> \\ \ x -...__.... _. _.._ ...___. ".' ,....no ~. . ~ '- )( ;..'.. ,.-J..\ \ ~~../\ I . I x . j' ii: \" \ : ',; .. I' " 0)( \,\ '" _," .Hi '.\ . I \ j i / f I ,', i .J '/ . I I ' / '. i . " ; \ )' ", . ( \ i I I I . , I .\ \. , \ \ . "- ..... -.. .. ,\ . \ \ \ ~.. i i ~""j .r \--", --t ---...__ /" \. \ ... '. /' -' r.. . ... / ,/ :' ,..! , / i " ('.' ; I I l t I ,I I j+f \ \ (, t', \ i \ ) ~ , ! .../' / f . ..' ! // l , ' \ I I \\'... \ \ . ~ ./ /...' ,I /,// .i/..- .' .l '} //// I 'j ~ ./ [' .. ,< " \'-., + , \ ~ I .... \ . "'; \ I. - ... ,7- .......) ) '.., /~ - , I' , I,f" l ..-". .' 'j:Q x ~ -\- { i t__ #. ... ~ m z < ~ ~ E-c ~ 00 Cl ~ UOO ....0 :.o~ '-0 ~~ ~~ f! I I o III III hi '~I' iJ . ~~Iii c o. ,,, ('.; ~ " '-~ :.; o o ;:: ,., .... " o :; :.:- IN3I'ldOl3A30 NYld -...- :. f! ~ 2 y \ ~ 66/0~/l .... It.l&o. y .. i ; :\ 1 PI 8l:fl91 1ON'fm1 6"';"81-tO IJMI !031JII:>>IV ""-- v .LOS!INNIJ1'OQOMmtOIlS ""- VIIS/M . ONIa~llna HSOdIDld-ll'lflW )HIVd NVW331I1I "lmft"w IJ :llVlt ::III .JIJ IIln :au tt.., UJlIM:)ltY IJll"ilit!r.Jlf J...... w "'" 1 IJ'W:l1 J\ItU. ."" talSIAl'3oUnS t::l:lflt '" .~Mt1 11ft ... '3IV"" SYA 1...... lI2 'tCIU'l31J1,US: 'HWNf lUll 1ft uum .....Jdf I OJION SV .($ f ~t .o-.ex: .o-,I:G o o I ~ 0 I I I I J , -, .... 1 '- '- '- I ~ EJ ,---.- L _ J I I ! I _____.J ~~ ~ :. I I I I I I I I I I I I I' I L _ _ _ _ _ _ _ _ _ _ ~'L_ _ _ _ _ _ _ _ _ _ ~ '- '- I o o I o o I o , .... ~ ~LOO-ott (~l') "OJ tLOO-ot' (~,,) '.... IOKO ...., "qMotIUUWI tOt ~S.~ entlMV'.JtJ Ztt Yd' '8'"1'.)\~JO( VOlI"' l' I o o o I I I I I I I I I I I I I I I I I Ll I I I I I I I I I I I I I I I J CI~/+W.v~ '11.1 .:t ~~ II ~ ~i U ~~ ~i -l tIlNNn4 ...$I]:Jtft!Mtj OOU-ltV XVJ outt-I tV-t1, I tlt~t"" ',,"'OI.IlJ" I p...""" D1DWIl I ttt '''110 01\0'l ,......11 ~t z < ...::l ~ ~ o o ...::l r.. Cl ~ 000 ....0 :.o~ --0 ~.~ ~~ ... .... ... % II> Z :\ .. o z: t; w .... o ct: II. ~ i3 <PI-IO 1',,^Cl_~~:>mu.~09. 'nol oav~ ,I I I I II ! ~ '" ~ ., J ~ ~ ;j ~ j .... ~ CL.AO ~ ....NI:>Ot'l6 o , . . (2;) FRONT a..=VATION "'2 ~ V"'.l~ ., .. . . @eAGKa.EVATlON "-2 ~ .V"""-o" DO o . . ~ GVD $QLIC' ~ tolQOC) c>ooA5 . .,. DO " . . @SIDE a..=VATlON "'2 ~ 1/4...'-0. ~'T1!!!L. J GOL5IP""Nt" .;.. ~T1VE I..OlNEll Gec>Nt 5HAICI!! !tOOl" =Nt !tIC',_ I'l5TA'N) .. ~et..<::><::K c::.oI..Qfltl!l ROGlCI".-..:;e eL.OGl< @SIDEa.EVATlON P-2 ~""-E. V4'.,'-o' - is ::I ... g J ~ ~ ! ... Ii fi I ij~ db ~U ~ ll~! ~ii 11::; ~ i ~!~ ~ i:1 l3 ~ a! il: ;:8"'. ~ ~~~j I .. ai"'i 0 ~rilll i! ~ cl:! ...!!! .! 0 2: 0 ~~ < S 5 CI} j:4~ I ~ ~~. ~ ~~ ~ I>l ..: 0 ~- :c f0- CI} ~ ~ A ~ ~ i ~ ~ ...;.:_':' "'~~l:! ..:te .s ~~z ii :@ ll:!"'.. :I. ... ~t if ~ ! .Il! l:l l:! .. .. ~ . i a1eot I! ~j! 1 i.! :!.s~ :: 'I.. I ill ;:' ~d ~ ~.. CIll~ ~ Exhibit E PROPOSED BUILDING ELEVATIONS CITY PROJECT NO. . . filE COpy CITY OF. SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlShorewood . cltyhaU@Shorewood.state.net MEMORANDUiVr TO: Mayor and City Council James C. Hurm, City Administrator FROlVt: ~ Larry Brown, Director of Public Works DATE: July 21, 1999 .-.."-................. ,. RE: A 1tIotion Approving Concept Plan for 1tIultipurpose Building at Freeman Park Background . ,...,-. .- ----.-..- "--- The Park Commission has identified the need for a Multipurpose Building at Freeman Park. It has been suggested that this building support the following activities: 1. Provide restroom facilities adequate to handle larger activity demands 2. Serve as a picnic pavilion with basic kitchen facilities 3. Incorporate an indoor activity area with storage facilities 4. Allow for convenient sale of concession goods for sports organizations 5. The indoor area is to be designed to serve as a warming house for future development of skating at Freeman Park. The Park Commission has conducted several site tours to facilities in other cities. This provided a broad range of ideas and concepts which other municipalities have used. Attachment 1 is layouts from the concept that has developed utilizing other facility layouts along with analyzing the needs of the parks. Building Characteristics Luken Architecture has prepared elevations and a floor plan for the building. In summary, the drawings show men and women's restrooms, a storage facility, a multipurpose indoor activity area, and a picnic pavilion: The following is a brief summary as to the development and suggested options for each of the four areas. Exhibit F CITY ENGINEER'S MEMORANDUM Dated 21 July 1999 n ,. t PRINT;:O ON RECYC:':O ?A; ... on t.: ~ '::; ~ (I) VI o :-ae- t.: ;:l ;:l , S- o ..... u:i ~~ .~ ~ u a -op.. :; t.: 1-0 ~ o E ~(I) ~ (I) ~~ 0\ ~'T .-.t..., ~ 0 ('1('1 N (I) .Q 00 ::s ~ ~P-t -0....-0-0(1) ~::st.:-o..c: ..c:o~~"" c ~ ~VI 0 th CI:l VI c ..... ,- o..E(I)(I)(I) (l)E~~ ~g:;;~c '60 0 ~ ~ ~ 'C U (I) ~ c o VI -0 0 ~ ..........- (l)1-o~.o~ ~ tf.9 cd~' E fJ ~ ~ E E (I) ~ 0 fIi .....-u E~~o. o 1-0 ~ ~o~ o J.1.l 0''''' ~ ~ to.< ~ ~ p.. (1)0 ~-o 1-0 ~ 0 (I) t.: t.: .... ..c: cd (I) ~ t.: ..... i3e~c:::-::: (I) 0.'- g 5-o(l)~::S c.o::.~..c:;:lO (I)..........,u ~.... -0 0 o ~ (I) .5 ~ ~'O g 0'- >:..... ~....u ~ii~~~~ v (I) (I) ..... ..... cd t.: ..c: >: V) ~ 0. o.....~~~(I) -o~(I)~tS-5 t.:OI-oUC1)t..., cd o..a ~ 1-0 0 ::J 0'- ~ VI l1~g-or-<--g VI VI VI ~ (I) o ~ ..c:, t.: (j.D=a t.: C-o vr...... o:.=: v ~ Q) ~ 'u;'O ~ ....VlOVl~O' ~ 0 ..... ~ ,.... ~ ....., (I) E (I)'~ O..c: e ..c: 1:: Ob~o""cd ~~tSUB~ ~ VI ~ ..... (I) (I) 1:;; a Q) lI) (g C1) 0 p.. (3 ~ 0..E 0 (I) (j 1-0 o ..... (I) ..c: (I) 5..-o-5r-< t ~ ~bI) .~.... ~~t.:--;;;-~Vl ~ 5'N ~ 8 a. e's 5 "E -0 v O'S E:E (I) .c: 0'::1 0 ..... -0 r-< .5 t:: ~ ~ ~ 01) (I). ~ 0 t.:.o- ~ .i::'..... :.a C! 'c::s ~ ~ ~..... ~ t.: A' ::s VI .- 'U .0 (I) J.1.l 0 -0 0 (I).A . ~ .t::.~ Qj v c .........~-ov 4.4''''' B'c;j 0. o~~~o 1-0 ..... 0 C O.~ bI) 1-0 cd 'C ;> t.: 0 (I) ..... '!:\ t.: ......... M (I)'la t.: ~'la -0 .... .- E'- c (1):9 (I) ~'(ii ..c: (I) 1-0' - 8 .... 5 VI t . e "Cii .~ ..c: S ~ o ..0 .t::.~ ~" ~..., tb bI) 1i (I) "g .~ -0 '2 ~ E ~ 0. ~::S(l)~~(I) ~o~,o(l)(I)~ o '"' _ lI) g.. ~e.B~g(l) (I) . > lI) lI)..d ~ .0 '.p -0 ~ 01) on B ~ ~ ~ .~c::. ~ (I)..c: 8 (I) .... _00.0 ;> ~~e~~[ (I)~~~~(I) .D lI)' a !!3 ..... r.:: lI) -0 8 t:: ......d 8 ~ 0 ~ ~ oc::.(I)e.....~ ] (I) -5 1:;; 1:: .~ .....-5..d~cd-5 ~ c.t:: ..... 1:: VI .D 0 ~ ~ 0'- (I) 0. ..c: 0. E ..c:::s~.....81-o .... ..... C1) .Q''''' 0 ~ ~ a ~ .!!3 E ...s::: ~ ............ tI) +--' t: e:;.- ~ --g g. g.: d'-g -0 C1) 1-0'- 0 cd t.:-ot;:: ~> (I)-o(l)~(I)..... E C1) 1-0._ VI t.: E ~ ~.~ 00 ~ o 0 .......... c::. C1) o - ____ 0 'P 1-0 (I) 1-0 ", ~ ~ 0. \-oot:: ~o 5t.:oEo~"'" (I) (I) VI o..c:lI) E .0 0. VI 1-0"" 08101)0 ~ b ~.5 t.: 8 ..c: ..c: '" ~. c .... .... 0 E ::s ~ ~ '4) ....:: -0 1-0 ~-o ~ ~ ::::c-o ~ 0 t.: E'c;j ~ VI lI) lI) ~ (I) VI 0.0(1) o t.: 0 ~ 8 ~ (I) 1::~~ g ~ ~ o (I) ~ .t:: t: 0 .... (I) '1::: VI- ~ "Cii (\S .s 0 (I) ~ ..... ~ (I) (\S c ~ e (I) 0 ~ o.\.oC o 0. 0 cc~ cd (I)'> to.< (I) cd O.D 0. .~ ~ C c:..d 8- o ~ 0 00(1) ~l~ ~ ..... ~51J {.-l .g ~ C"l ~ g ~.D- .. ::J t.: "=t 0 (I) vi f"l -0 (I) 1:: c~~ ~ ~ ~ ~ (I) ~o.c:t .~ ~ ~ ~o e ~o 0 - o.~ .g ~ ~(I)(I)"'" 1-0 ...... on . !!3 ~.g t.: E 1-0 o'C otS-o.g e E ~-o ~0i::0 ..... 0 ~ tS ~I-o~to.< E "g._ 0 \.0 cd V) C .g J ..9 ~(I)~~ .5 a.g a ~~.@ ~ r-<'c;j ~ 0. 1-0 I-o~ tS (I) ..... ~ ~ (I) (I) I-o..c: ~ 1-0 (I) (I) 1-0 ~ a ~ (I) Vl of ~ ~ mE '8~ o OO~ t.: ..... o 1-0 'u; tS ~ ~ o (I) g ~ o t- to.< ._ Or::: .... (I) ::s ~n cd 1-0 0-0 1:;; ~ '"' tS~ -0 0 (I) ~ ~ ~ o (I) 1-0 VI o.;:l c::. 0 v..c: (I) 00 .D t.: VI'- ~ E ..d ~ ~~ a u .... (I) t.: fIi ~o'~ ~ 1-0 0 B~o ~ Vl 'C 00 ~ ::s t.: ~-o:.o X ~ E ~ 0.8 _fJo. ......... ,...... 0 ~.~ q 0. ~ <t;~.o . ~~ x . ~'j~ c::i \0 P-t_~M ffi! ~ : ~ :.E .r:: (I) 1-0 r-< lI) ~ ~ c c ~ ~ ~.9 ~(I).D~ ~~~cd ~ v..d 0. e- "Cii~g~ b1).- ..... t (I) ~ t?4' ~-5 a.~ ~ 0 u 0 u ......S 8 'S ~.~ -0 .~ (I) 0.:; o.ovo b~I5~ ..c: ~ 1U ()'8 ~-5 v'S 0 t) -S'S al .~ BoB e .... lI) t) "'BlI)~"'" '';:: ~:.g ~ c::. (I) 1-0 -0 ~.DtS:.o ..... .c: cd cd -0 ~ ~ (I) ~cdcd-o ~-o 0 .8 (I) t.: 0 t.: ..c: c (I) 0 (I) .- (I) .~.D 0 .D 0.;:::: ..... U) (I)'~ ~ ~.D (I) ..c:oeo t.: ..... (I) (I) o (I) -5 .= :=:-;s ""tj ~to.<~~ 0. g E ~ .~ 1-0 .!!3 ~ t.:(I)-ca o..c:~"'" '0.. ..... "g V) \.0 ~ ctS >~ v .... '" o.lI) c~' oEvo.. (I)~>('f"\v) ..c: (I) e ~ ci r-< ~ 0..0 ('f"\ = ~ P:4 Q) ~ (/) (I) ~ (I) 0 .0(1).0..... l) ~ .s~.s(l) la a .!a:.a Q) b .r::'~ ~ ....OCl:l:.s2 ]'9 E ~ VlOO~o. ~fJ"Cii(l) .........(1)':5 .J'~t.:to.< l:; ..c: 0 0 o .... 0. (I) Q) (I) ~ . ~ \-0 0 b 'In .~~~ ~ 'P .5 ..c: 0 lI) .5 ~ Q) ~ ~ _..c: :> (1)0.....(1) ]~ B.. ~ 1J ~ ~.'';:: g a ~ a . .p P-t t.: ~. ~ (l)C~.... 8 e (I) <e~~ . ~ e 0 u 0 0 ..... .=: cd tb . !!3 ~ ~ -0 ~ VI~(I)~ (I) bI) -0 > ..c: t.: ~ 0 ::g><5. OcdVo. c.o::.o.(I)cd~ fJ .Q.D.!!3 ~ 1i.Uo.....O' ..c: ..... ~ (I) ~ 1:: lI)."!'">-5 ..... 0''''' 0 Vl t.: 1-0 0 A' t.: 0....... '" (1)'- t.: ..c:..c:~vo ..... ..... 8 ..c: ._ .!!! ~ -+--..... o 1-0 to.< 0. N (I)..... e .... 'E ~ -d' .!!3 ~OVl(l)-o ~ C ~ ~ ..a -0 i':'. ~ '::1 o (I) ~ .... t:: ~ e'a ~'a ~ 0 ~ ~'::I ~_ ~ VJ....... t= . . :Nfayor and City Council Freeman Park Multipurpose Building July 22, 1999 Page 3 of 4 Currently, a small block structure located immediate south of the proposed building e.xists as an irrigation pump house. The original concept was to remove this structure and incorporate the pumps and irrigation equipment into the storage area of the multipurpose building. After researching this concept, it has been suggested that costs for re-piping the irrigation system and pumps would be cost prohibitive. Therefore, the existing irrigation building is to remain. The exterior of the building has been shown as a wood siding on top of a masonry base. These materials were chosen to balance cost versus maintenance costs and durability over the life of the structure. Freeman Park does have a higher incident rate of vandalism than the other parks in the City of Shorewood. Costs and Funding for the Project: Costs for this project have been a subject of great debate. Reaction to preliminary estimates for the project was cause for Staff to seek a preliminary cost estimate from a contractor who performs the trade of park/shelter construction. Due to the necessity for bidding of such a project, the numbers provided are only an estimate for budgetary purposes. Sanitary Sewer Construction Building Construction Building/Structural Design (estimated) Total $ 50,202 $192,027 $ 7.700 $249,929 Attachment 3 is the draft Capital Improvement Program (ClP) which indicates a $250,000 expenditure for the Multipurpose Building and sanitary sewer in 1999. At this point in the season, it is more probable that if the project moves forward, funds would be spread over the falVwinter of 1999 and the spring of the year 2000. However, for discussion purposes and the programming of funds, the expenditure has been shown in 1999. This draft of the CIF includes interfund borrowing of $10,000 from the general fund in 1999, and the suggested organization building surcharge fees of $10,000 - $15,000. In addition, sports maintenance fees have also been listed. At this time, not all the revenues suggested in the CIP have been instituted by the City. These policy questions are stilI being reviewed by the Park Commission, and will take further study. The Park Commission has requested approval of the concept plan from the City Council, for the plan to move forward, Certainly, not all of the funding issues for this project, and others in the 5-year ClP, have been resolved, However, the Park Commission continues to seek out various forms of revenue potential such as fund raising or user fees for various activities in the park. Mayor and City Council Freeman Park Multipurpose Building July 22, 1999 Page 4 of4 If the City Council desires this project to move forward, a motion would be passed which approves the concept drawings, and directs staff to proceed with a conditional use permit for the site. In addition, Staffis to explore practicable methods for funding this project. . . [ ]UiJlUlfJUJI'V- (D \~~I~) 'J. 1\ ~ ;.0 ~ ~ :::: -l "irn . r- 7- III c< '} -l <5 z I fl:~~ ,_ i OJ i i IE; 1;:"- Hi II :;: ~ f i" [J:~ ~~. : 2 f ~i! I- L__il I' . '1'4.. !;l I; "II~" r:H!~ l"~i~t~ rHFI'~ i -';;l:~ I t :~ i ,~ i I I I v ; I " I i I i I - I I i ! '" - ". ~~ :~ =7. ::: ~ ... .', ...-~...... " ,....'"l...... . . ....: : \. ", ',\ . .." :'l.d,- I', ',f..,. ....4..... . ~.' ~. ~'n. . \~ ". . N:~::~:~~~:>/t~~~::,; .. ," . ..:.: ~'.. .;- '... '-." ..,. .. ~ ..\.:.. ..:..:~ :"i~. -.' ,;-,'%>;;1~" :;l:~~~... :Ftj~ff~;~ . -':1" ;,..... ... . . ':;'~:\ ::;: ~':l~'~;: :~_ '~":I ;:~~.. .~ -~~'::.:~:.. ,0 '.' ~ '. _;. -' . '. ..::}:~~:\,~~ .~. . .. <~':.t::;,;:> . '.~. .. ;.:t.t;- ..; . , .~.~ " .~~\ . . -'.: , , .1'1..: ;/~. ~':! .~~, I .... ., ", t\, "., . ~ ...... o. ... :.t~~~.~~~. .. I ,{,::., , " ;. !:: ':1 , ~';f~:' 'I i .: ., /'.-..-- '.II'~:tUtIfN'fIHf1."1"'''f~ I ! "~I(Tltrlll ;1:;q,/)lrJ.l'I,UflIl/ '_ :'HI\'., NV''l/t1Hll:l .......~':'lo.~". ,..:,:,- ....,........ .~ . . ~.....~. .;. A'''' .:. ..;;... .~'.. ><;~~.!'~-~.1': F ~ .....'.1 .'"j.:. ,".. ~ / . . -- - ""..",...,...,... ".........:1.1.." ".._~. ,..'l-r')of.."""_IV'.... '''''l\_ .....,......... ,o.. ~ ~:;::~~..I:;: ftl ::::::::.~: ~~ ..::-" ._ -c.,~i~4i~7f- :!:.'.l.:;'.:'~~, B.'iM IJlI....""IO...'.....,.....", T .. ~ "~. "....4...."""'.. . (';;-' .'"... .C-.I-.t'/1 ~:t'V=. ::-cl NOI.1 "'^.nil :::i?'o'G ~ :";010" .. -.-......, -:'i~.....": ./~.':" ....... ~..;J....:-:-. ~~I- -. .....,,;.;..~.~:. ....~ f. !'.."_.-.,.,1l ....'...;;,..~..:...i"'. ,.,;':- ;..;~..:f..,.,1.,~~:...: ~..-l....~...w..(.....l.., ......,~ . or: .,;..... '.: ...""':....!.,..::--.II'....;i. :~-. -' .;. ;.~~ ='...t. .;-t. ":.':.":' '"'..;.. '.~.v "''1 ..,.at. ~ . .'_ . ';r J, . .....-::~~_~;~9.,.;. ".~ ..';_ I ~",.~'r'~t~~~~'l.it,,J" .~.." ..i::~~~;rl~~~S:~'~~~~~~t.e.._ t. .,:i '''. . ." ....... ....... . . - .=- " ;,ICE E~:;'I'" "ION p~: I !C,....:a:I/.. :-;;::;~.- ... Ita ."1...... hh oil.... I A IC" .'~I ."""1 &''''..at' V V J B -rif'-..... ~,." ............ Ill-\.....1W ......._... 'ltf. '''I '.'.I/Q.I IM..\I......'... iI........"'. ......""'., l!~~1r~/~~_ t...... \.~I..'<::~I"'<I I;' n: ....1 ........ II...... .,.... i~: ................. ........... ....~::.......:..:..:::'~..,... ___________..1 I:REE~I:\N 1':\111\. WJI.TI.I'UIII'U:it: III ;IlJlINli ~IIHIH; '.\1 lUll. MI:;:.I 'iii' \ . . 'llt;:lI~':,,\' '(flttl',;1ml1f~ , ~l' ':;1 ...... ", "'-'-flH t:U .. h,""",,,-. .,,_~ . ""'.....'h.... I :~~.;.;::...":. :::':-:::'1 ,:~ I "(ltl'-It; "I .... Of).....C_:,.-...-.. 1-(J';I;;;;:~~;'~'u,H 11l""""'M_ 8S;1~ ". ''1't 7".s; -l::.!M')::;;-:!~~~'~':C; T ~ II\:IWll'-lfJ :J~(hnln.I.1l1nl\ '1l1\.I r-.:\"'G:J~U .0-.1....:: '=''r'~;~ NO!.!. "'1,;;;,= =::JI~~, ....: .. ....,...~~, .....::;: ~.:~a.;.R~..;;.~~~:~~~~::.~~~ -~7 ," ~~ ;:~~:~~i:~:?~~~?~~~ ~~! . 11 I - "-j ~/~ /~ ---< - -O\f, - - ] , t ", :....~, . 't4.... 0 ~ ',~~~cG '~ Piit'AYCMEtff: .. ...... , ;-"" " ,/ ,. ~--1- ......, . \... , '" i: .. ........... ~........ ..... ...-...- WSB ~~ ~ ..~......... 4~.. ,,,......._ ..~....lCn.. . UtL>>tC.lN .. ~ ~/ - }82.~ \..-,//')~/ 98J~.. ...' V..... \ /'. \ 982 9 /' --- . . . ... ...... : ,\ '/.' : i \ ~ . \" i . . . \ \ \ \ \ \ \ \ \ \ . -'J / / \~.... "<.'i::~t>.,.. .' \ \ . w '\ ............./0 (~ 0 '----' '" PI? Q ...... 0 ..-~.~ f ~ ;;-.;;;;;. --- .) l1 5(j )f ~ ~----' J 10 100 . j EXlSTIN.9,MNITARY . SEW~!t~:'NC---"'" ;'/"")'QO~ 00 . " " ,T. ~ 0 " i. ~.... '; n"...,..-/7 0 I" - Q .r . 'r "(;n-~,,~ ." t .... f -f? Z.... , ' . ~It . "II - ~~...........-",.....~ .......":) rr \\ ~_..-""-'J\.........r-....--.../ . \L.\...~, '. 0 r,--- 00 : - -0 o~~-'v:~ Freemall Park Multi-l'ul'J)ose Building Utility Extensiolls City of Shorewood. Minnesota .', ~ i ,- : : ". .. t ..: ; ...., _,.."".. 1iIl.J/ ....._li.IM AlTA.CHMENT No. 2. .; . . . Prjt Description 1999 2000 2001 2002 2003 2004 Freeman Park a Park Building $ 200,000 b Sanitary Sewer 50,000 c Foul Ball Nailing Field 2 4,500 II Roadway/Parking 30,000 I-Iockey/Skallng Araa 30,000 Badger Park d Overlay Tennis Courls 11,500 Cathcart Park d Overlay Court 3,500 e Warming House 30,000 SlIverwood Park Manor Parl< d Overlay Courl 4,000 I Magic Square 5,000 Other Bleacher Improvement 5,000 5,000 5,000 5,000 5,000 .g SI<8Ie Parl( 5,000 TOTAL EXPENSES $ 260,000 $ 43,000 $ 0,500 $ 35,000 $ 0,000 $'11,000 ~ ) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474.3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 29 July 1999 RE: Excelsior Covenant Church - CUP for an Accessory Building FILE NO.: 405 (99.11) BACKGROUND . Marv Bjorland, representing Excelsior Covenant Church, proposes to build a two-car storage garage on the church property, located at 19955 Excelsior Boulevard (see Site Location map - Exhibit A, attached). The property is zoned R-2A, Single and Two- Family Residential. Since churches are conditional uses in residential districts the Church has requested a conditional use permit, pursuant to Section 1201.14 Subd. 4. of the Shorewood Zoning Code. The property is located between Excelsior Boulevard and Highway 7 and contains nearly 7.6 acres of land. As shown on Exhibit B, attached, the garage will be located in the northeast corner of the site, near an existing utility shed. As explained in Mr. Bjorland's letter (see Exhibit C), dated 21 June 1999, the 28' x 28', two.,car garage will be used to store the church van and some maintenance equipment. Building elevations are shown on Exhibit D. ANAL YSISIRECOMMENDATION Section 1201.14 Subd. 4. refers back to the R-IB section of the Zoning Code. Churches are subject to the conditions set forth in Section 1201.10 Subd. 4. b.. Following is how this application complies with those requirements: #1l< It.J PRINTED ON RECYCLED PAPER foe t. Memorandum Re: Excelsior Covenant Church CUP 29 July 1999 I. Side yards for church facilities are required to be double that which is normally required in the zoning district. The proposed building is 55 feet from the east side of the site, where only 20 feet is required. The building is 140 feet back from the right-of-way of Excelsior Boulevard. 2. The site for the building is in a wooded area in the northeast corner of the property. While it will be necessary to clear a small area of trees to fit the building in, the remaining trees and the topography of the site in that location will very adequately screen the building from view of nearby residences. . Although most of the trees in the vicinity of the proposed building are not very large, there are three very large trees to the east of the proposed building location. The northernmost of these trees is in very bad condition, but the building should be placed far enough to the west of the other two so as not to damage them. 3. The proposed accessory building neither takes up existing parking nor necessitates additional parking. 4. The proposed garage is well away from any loading area. . Based upon the preceding, it is recommended that the conditional use permit be approved as requested. The only condition suggested at this time is that the two larger trees to the east of the proposed building be protected. Cc: Jim Hurm Tim Keane Marv Bjorland . -2- ~ ( " 1~""" ~~8 ~=fl?' r ~_/ I Sf;/!- ~ 'P ~ ~ua 1- J/ ~- 1 u I :t ~~ ~SUNETLAE3 E3 'l fIT /1 =~~-A~~~m\Jl~~ I - ~ ~ ~C1~ ~0' I =:!\ I $j'ffi\ \ 8 I '" , ,'r.>\ ',.\j I -1 ':'4it/Ii~ A 1~8\1~~~ t=~~ .Yr;~ ~8WB&~~P(U ~~I -1~cl:~I~~~;> Vnll =.~ ~) ~ ~ CD ~ A\ ~ >-f- [ f-- ~ \ ~J ~ -\ L- 1 ~<~ ~ ~ ~ f-J I ~ 1;; I '~h~ ~ '-n--\\ \ h-/F( ; a: _*h. ~ -U - ~~ ~ ~~ ~ c ~ k~, 1';;i!!~~JJ? _ . (, ,," ~ \-~ ......, ~,- '\.' ~f HiiWiiiWHHHiij · V-.-/ ...- \ ~ II Q nr2.~WmWmmmm' : * ./ ;~"'~I=~ 'L~ ~ ,',~;m!~~~ ~~ ~~I ~~~7 r'J--e C 17' ~~.~ ?: ][€}jJ--.J ~ ~ ~~I/ ~~~~ ~ 3i'~ ~~7 _.~ ~~s::/j 'J~ F \\ ~ S{(>.~ m \\\\\Y/'< /"~ - , j ~~, I ------ SSQNENitO..-c: ~ r-:~r ~~\' €olD::IJ / ~ · I: ~r 7{y~(~';1 l~~l'~Dl <:,~* I~~ ~m ~.\\\D-" ~ * **' F!;'ANY · . * U '~<0 *, S v "It.. TE J? * ~"OI<",,~~'~~~--I-1 t\\ ,,~' ~~ '\iNN D ~ (\\~~!y ~\ ~\ ~ 17f7'T-(\ / - I--- - ~ r\ n / CHRISTMAS LAKE 800 I o 800 Feet I Exhibit A SITE LOCATION Excelsior Covenant Church CUP , .....-.. v . . !;rrI 0: >< JIll ~. ('") oxrrl 00 _ O. I . r t! en i~ - 10 U::a ~ c ) r " q(") hO .. 0 < rrI Z :I> Z -t ~ =il@ @21' 21'= c::lD ~ @ @ ~ @'P !::: %0 %.. ..... 0" ;~ >.. ~ .: w !; .. Xi: w % w VI.... W UI '" 0 o ~ 2 >- ...>" ... 1110- ."... *' ,.,. -, - ~ \ \\ . " , , \ \, \ , \ ,.."" ... - 0100, "'''ltJ, - :0., tA .... ... (") = c ::a ('") :c .... , / \ - . \\~ ., : ; ~ (Lil : ;'"lt~- :...n~ll" I, I - .J I ,.' - ;" ~' I .. ; . \ . " \ '\ \. '" \ \ .\ \ ..... '." ,\ '\ .,,' ',..' \" " .. ,\ .... \', ,\ ~ .' ""\'. "1- , . -rtDJ 'JJ~ -~!llnJ.Y.I.t 24"VH "!V.I..... """"v.a;;- "';'J ~ ....lIGfI~.I.111 17,uLH.,,1 _ ~=,'OC;OOr::1DVJ.N",- ~'l"'" ~JJf~V~"'YC- 9tU\oIVVd , ;'VMQVDV . * .---. ..-.--,.."'CM":T.....,;;==::-: W/_ ~7.:;;.i#iW:,)4,'_....ovJ, :=~ " ..cr-" "HI~J" ","~1II~-,r. :..-n.,,_:.==.-: '~I."'.a..~' ~rGcn",q.r.vJ- '""'"M ).u'llI\:>'Sw ,,_'JJOGY ;UD" @ .V/lJ,,,.... ""'J.Jl'" "'0.'11.1.". ,,,Innc. .. ...:,;:;;: _ _h_~'D~.:U V- .,..on WWV"l '4,..VM .,vL..... .-:..,.~ S' WO;!,('JLK' ''''~H.,n'' --==-=:I~O.S'Z. ""Olt"'''' ' U'lIn.tlr'" '9NI,/...".. )I"'VMJCIl' ~ -If- ,- \ . ~ \ 1. }I\;Itf1 ,,.'.Lt,,,#- ~ i,%'dJ. \.:.Y--J i 1 j I I I . ~ t i ; . . ,\ " , ' , \ S-,OS....AS , \ \ " \, \ \ ". , <' -s.. " \ \ ./ \ \~ \. ~ ............ \ ....... \.. " ~;-: ~ '\ :s. '('. "\ \ ". y. ~ ~ \~ \ \ ~ Q~ ...~ >: ;,.- :-t" o -~ I,J. ,01 \-8.0& \ \ \ , \ \ \ \ " \ , \ \ \ i I ~.41~~ ,~ 'S! .:....:oG'O~'? . ~Y\'K , 'll on se Q,-\,& '"'\~.,~,~ , - --:-0 I - .' ==1 ....,V-'d ~..LIS, ,I' ').."'Q/""'~ .o~t; ". ...,DI;'I04V l"""'iIlirc. ~'O '?rt\c2t1..,<;>f'" 0'"\'" "J9"'<rIJIo'. ,,'9VV9,..'" #~'SJ.VWU.f;il .....~I. ~D ""f;'lIIV .1"""''''' -M""''' J.,RO ~ O..L. (1_4'. . 411.2J..Ltt~' V-;'.V _"Dw ,M.~rL ,;v.,.,....a '7?"'t",...,nso for;v'l't:VC'M~ , "?N.",'ZZVdfW'\1I1"t'. .a1JNI"I".&.ruVVf 9' ""'1'$ aH.J.;aO ..,a..."" J,..e{Y1. 1lM.J.. D,L dNV'1/,^Q, )."d3" _t'tJ.. DJ. 2'!'VN1~~':~~V:~"'9'V;:\'::~ ~~" '1~1o 0'110 '" '"lot ~ ~'~ ".. : " Exhibit B SITE PLAN a.... .. .. .... ~ . . . Excelsior Covenant Church 19955 Excelsior Boulevard Excelsior, MN 55331-8726 Seeking, Serving, Celebrating Christ! June 21, 1999 Mr Bradley Nielsen Planning Director City of Shorewood 5755 Country Club Road Excelsior MN 55331 Dear Brad Nielsen: The Excelsior Covenant Church would like to build a double stall garage (28' x 28') on our property at 19955 Excelsior Boulevard. This garage would be built on a cement slab on the northeast comer of the property. No easements would be required. There is no street pavement abutting the subject property. The reason for building a garage is to have storage for our 15 passenger church van. We intend to use the second side of the garage for the storage of lawn mowing and also snow removal equipment. The natural features of this site that could affect buildability would be some small trees that have to be removed, There is a small storage building (1O'xI2') that is currently used for some storage and that would remain on this site. There are no other structures within 100 feet of proposed structure, There will be a concrete approach that would require the cutting of our existing parking lot curbing, There will be no other impact to or proposed man-made improvements (fences, retaining walls, wells, utility lines etc,). Thank you for your consideration, Marv Bjorlin , Property Commission for Excelsior Covenant Church Exhibit C APPLICANT'S REOUEST LETTER Dated 29 July 1999 . -.--.------.------..-- - "l -----.---.-. ._~. -'--'--,.-...---.- _. -.-------.-,--- LEFT S/Dc l~E!'/ Z. '6 'x. 6 8 I ~Nn<.y" lJoor~ ;: ;:::: 0"""/ r 0 E It/ Exhibit D PROPOSED BUILDING ELEVATION " ) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 28 July 1999 RE: Dickson, William - C.D.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (99.10) BACKGROUND . William Dickson has applied for a conditional use permit to construct a detached garage on his property, a corner lot located at 26245 Birch Bluff Road (see Site Location map - Exhibit A, attached). The floor area of the new garage, when combined with another existing detached garage plus a small bath house building brings the total area of accessory space on the property over 1200 square feet. The property is zoned R-IC/S, Single-Family Residential and contains 34,708 square feet of area. Exhibit B shows the location of the existing house, garage, accessory building and the proposed garage. The existing house contains approximately 1710 square feet of floor area on the main floor. The existing garage contains 536 square feet of floor area. The existing bath house building contains approximately 193 square feet. The proposed garage measures 24' x 26' and contains 624 square feet which brings the total area of accessory space on the site to 1353 square feet. Access to the new garage will come from Grant Lorenz Road. ft ~J PRINTED ON RECYCLED PAPER foe b. .~ Memorandum Re: Dickson CUP 28 July 1999 ANAL YSIS/RECOMMENDA TION Section 1201.03 Subd.2.d.( 4) of the Shorewood Zoning Code contains four specific criteria for granting this type of €onditional use permit. Following is how the applicant's proposal complies with the Code: a. The total area of accessory space (1353 square feet) does not exceed the total floor area above grade of the principle structure (1710 square feet). b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-l CIS zoning district (.10 x. 20,000 square feet = 2000 square feet). . c. The proposed garage complies with the setback requirements of the R-IC/S zoning district. The new garage will be located in a small clearing in the wooded area at the rear of the lot. A small access drive was cut into the trees years ago and will be surfaced with crushed rock. Hardcover on the property will go from 16 to 18 percent. Given the size of the property and the number of trees at the rear of the property, drainage and landscaping are not considered to be issues in this request. d. As shown on Exhibit C, the new garage will be similar in character to the existing house and outbuildings. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. . In light of the preceding, the applicant's 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: Jim Hurm Tim Keane William Dickson -2- '~ 5~ 'ER LAKE MINNETONKA BI ( .. .. Q ~ 8ffi 500 o 5~0 Feet A N Exhibit A SITE LOCATION Dickson CUP (1 't/7d O't-9) 'c9 M"cO, Jf'o6BN , \ I \ \ \ \ \ \ \ , \ \ \ <: C) - ~ "'-I ~ t:.i~ 01 $h C) ;5! ~ -:::i I\.) , 01 t.1 CO, I I I I I I '" ~ ~ -t r- ~. ~ ~ I I :l) ~ tJ r~ I I / I I / / '- ;" -. "1IttN >ld 135 I I I I I I I I I I I , I ~ ~ ~ p 00 ~ ~ P':l~ ....~ :.o~ ....0 ~~ t.lJ~ I , I , , , , \ I I I I I I I I I \ \ I I \ j 'S9:>UOJqwn:>w .JO SIU9W9509 ,(UO 10 9:>WI5/X9 9111 JO 'UO/ldiJ:JS9p /069/ 'd/1I5J9UItlO ~1I1 ,(}paA 01 ,(IMJnS SIIII JO UO/lOJOd~Jd 9/11 .JO) P9l/SIWfl/ SOltl >pOM 911/1 ON .." 6661 '9unr JO ,(op 1119~ sflll P~loO 'OIOS9UU/fV JO 910lS 9111 JO SMO/ ~1I1 J~pun MIMms pu07 P9J~ISf69Y ,(/np 0 wo / 10111 pUO UOIsfrlJ~dns I:J(MIP ,(W J9pUn .JO flW ,(q p9Jod9Jd SOM dow SIIII 10111 ,(J/lJ9:J ,(q~JIIII I WOll V::JI.:JUY3::J i./ / / r- / , ,/ -- -1 -- , -- I I I 1191 ... 39V1N3:JN3d N3AO:JONVH 03S0clONd ~91 = 39V1N3::JN3d N3AO:JONVH lN3NNn::J . --- j( N3AO:JONVH == V3YV 107 / N3AO:JONVH 7VlaJ. 39V.J.N3:JN3d N3AO:JONVH d g'69~'oZ;LS (.1. '11 M"gO. L,'g9 ~~~~J:~u", \ \. 133.:/ 3~VnOS BOL'tr ... V3~V 101 ... , ~ ~ ".", __ I I __--IO:;-;~/ - -- I~ ~f) b:1 r <:>3f)~oO't\d ~ I (j3S0 ~ .!!2:L -1\ 133.:1 3~VnOS IL 1'9 ,. N3AOOONVH 03S0dONd 1Vl0.J. 133.:1 3NVnOS "'~9 = 3VVNVV 03S0clONd _ 1 I \ . I ~ ,9~ _ 1 " I I I . ... I ~I- 133.:1 3NVnOS L"'~'~ = ~3AO:JONVH 1viol 133.:1 3NVnoS ".~!; ... S~ Vd 133.:1 3~VnOS 99~ - 313N:JNO:J 133.:1 3~VnOS OCL ... >1:)30 133.:1 3NVnoS ~99~'1 = A VM3A/NO SnON/nm/8 133.:1 3~VnoS 6~L .. S9Nf01/n8 'f 3!)VNVV 133.:1 3NVnoS. OIL'I - 3SnOH VNllS/X3 , ... , ' ... ' " ,I " I I ...'-" I I v' L , I . ~ /1 ..,-1 ...J ----- tJ3AOaOlJVH ~ C) ~ ~ 'J ~. ...' ~tri I~ :--.I 'J :tJ ----- ~ -:::il\.) "'-I :--.I ~ /' I , I ~I ~ 1 I I / ' I I ... I ----- I I v' ----- -~~ "'!~'] \ \ \ ~~ '\~ ~Vt~"~ . Of' == .. t \ 37V:JS \ .... 4.1: t:, t:: .1 I . , ... I I . , / / \ I \ ~ -'- \ \ I I I I I - , I I I' , I ... I ( I _ 1 I , ; _'~ I N / ~L60otL / 3.. / ,/ H.1 YON .-/ , - 17VM tJNINlV.J.3JJ _ \ ~ - ---- T ~O}jIEl ~ - ___;J01t:1 / .-/ :;J I - a'"'Ol::l 0 3:>...03'~:::'--- - __ -- y 0119 j ,- -- snOtl1rl - O"o~ _ - -- v~i s" _ __ 0313^ _ - -- - -- - -- -- ) I ~ j---- -- -- --- -- i. -- -- -- -- -- '>/:JOJ se,owO ,....................1 :::::::::::::::::::::::::::::::::::: 'L I'" ','; 1 '9 .-- 'SJ~lIod S~lowO ~ 'S '1IIfJ):JUO:> SII'OU~O 'lu9wnuow UOJI PUnDl Sfllou.O. '{; "S03 SpUO::>fl5 00 SlIlnulw 9' slIflJ6.p Ii ",JON}O 6UfJ09q 0 9AOII 01 ptlwnsso 51 l/:J/l/Al '.:J.Jn78 H::J~/8 OJ NOUlOaV S.NNVIV 't }(:J018 '~ 101 JO flUI/ ISflMlllJOU 9111 UO pfl50q SI ~,s(S 6UJ..1oflq SJIII }O UO/lOIU91.JO 911./. 'f' / / :,(q 'OIOStlUU/IV :.f"luno::J Ujd9UU9H '.:I.:In78 H::JY/8 01 NOll/OOV S,NNVIV 'I 'J(:JOIB 'S, pUO 'LI'~ " sI07 :NOlld/Y::JS30 7VD37 'S9J:>0 Og'O JO Ifill) IIJonbs gOL'."f' SI UOf/Jtnl ~qJ.J:)Sflp ,(pfldoJd 9'11 }O 09JV '~ '/JOflJflII UMoIIs 9JO suo/lOUJUJ.J.,9p J/Mo:JpJol/ JO) ,uOSS9:>flU SIUflW&ioJdwl ./qollUJ.J9d-uou ,UO:>/J,U6,S ,(/UO ;(p9doJd 9111 01 SIWWfMOJdWI /10 .1401/8 01 IJOd.Jnd IOU S90p ,(fMJns SIll./. " :S310N NOS>laIO VVVI111M :YO.:1 A3ANnS OIOS,wU/IV 'pOO"'.JOIIS 'POoy JJn/B l/:JJfB {;t~9~ :SS3YOOV A1~3dOYd A3Al:InS l:I3AOaOl:lVH . . " WllUAM R. DICKSON 26245 BIRCH BLUFF ROAD SHOREWOOD. MINNESOTA 5533 I Home Phone (612) 474-0194 Email WRDICK4704@aol.com . t::l TYPIC.AL FRONT ELEY A TION 24'-0. HIDE 4/12 ROOF PITc.H SGAlE: 1/4" = 1'-0" ALL DEPTH OPTIONS ONE OOJ6LE e,ARAt?JE DOOR . 2X8 RIDGE 16" O.C. r! " 1 1 ! ERS I I I .--l I II 'I I V i --- --- i AR TIES ___ I I I I I E SruDS I I I ER I I TIES ! I Ii 2x6 RAFT @ 16" D.C 2x6 WLl @ 48" D.C 2x4 GABl @ 16" D.C.. 2x6 HANG @ 48" DD 2x4 HAll @ 48" D.C. ROOF FI<AMI~ ELEVATION 24'-0- HIDE Exhibit C PROPOSED GARAGE ELEVATION ... '. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 28 July 1999 RE: McConnell, Request for Conditional Use Permit and Setback Variance FILE NO.: 405(99.12) BACKGROUND . Keith Waters and Associates, Inc., on behalf of Patrick and Victoria McConnell, proposes to build a home on the property located at 4300 Enchanted Drive (see Site Location map - Exhibit A, attached). Since the subject property is smaller in size than prescribed by current zoning standards, the applicants have requested a conditional use permit to build on a substandard lot and a 13-foot front yard setback variance. The property is zoned R-Ic/S, Single-family Residential/Shoreland, and contains 14,431 square feet of area. The lot is presently occupied by an abandoned tennis court, which covers approximately one half of the lot. The applicants propose to remove the bituminous surface and build a home as shown on Exhibit B. A previous owner of the property had been granted a similar conditional use permit and setback variance in 1995. It was subsequently discovered that the site contained poor soil conditions and the owner found it difficult to construct the house within the conditions set forth in his conditional use permit, most significantly that a cluster of oak trees on the south side of the lot be preserved. As part of the previous approval the City received a 16-foot easement in which water line for a dry hydrant system was constructed. #1l- ~J PRINTED ON RECYCLED PAPER (P. t. , Memorandum Re: McConnel C.U.P. and Setback Variance 28 July 1999 The proposed home contains 2490 square feet of floor area on its main level, including a two and one half-car garage. The second level is somewhat less than that and the plans do not include any kind of basement. The applicants' request is explained in a letter, dated 6 July 1999 (see Exhibit C, attached). Front and rear elevations for the proposed home are shown on Exhibits D and E, respectively; A letter from the applicants' arborist is attached as Exhibit F. ISSUES AND ANALYSIS A. Conditional Use Permit. Construction on substandard lots is specifically addressed in Section 1201.03 Subd. 2.c.(3) of the Shorewood Zoning Code. Following is how the applicants' request complies with the City's zoning requirements: . 1. The lot is in separate ownership from the lots on either side of it. 2. Although the 130-foot width of the lot exceeds R-IC/S standards (100'), the area of the lot is only 14,431 square feet instead of 20,000 square feet. This complies, however, with the requirement that substandard lots of record must be at least 70 percent of the minimum area requirement. 3. The lot does not comply with the 35-foot front yard setback requirement for the R-l CIS zoning district. For this, the applicants have applied for a I3-foot setback variance, which is addressed in B. below. 4. This section of the Code limits the amount of impervious surface on the site to 30 percent. A more restrictive requirement (25 percent) is found in the Shoreland District provisions (see Section 1201.25 Subd. 5.a.(5). Hardcover proposed by the applicants is only 20.67 percent, which is less than the 23 percent that was approved for the previous owner. . B. Setback Variance. The applicants propose to locate the home 41.5 feet from the ordinary high water level of Lake Minnetonka, 10 feet from the south side lot line, 22 feet from the west side lot line, and 22 feet from the right-of-way of Enchcmted Drive. The lakeshore setback is consistent with the average setback provisions of the Code, which allow a building to be closer to the lake when the homes on either side are closer than allowed by zoning requirements. Approximately one half of the proposed garage and a small portion of the entry to the home extend 13 feet into the required front yard setback area. For this the applicants have requested a setback variance. It should be noted that the previously approved plan included a front yard setback variance of 18 feet. Following is how the applicants' request complies with the criteria for variances set forth in Section 1201.05 of the Zoning Code: 1. Much of the applicants' hardship comes from the shape and shallowness of the property. As can be seen on Exhibit B, a significant portion of the lot is -2- Memorandum Re: McConnel C.U.P. and Setback Variance 28 July 1999 . take up by the lakeshore setback. It should be realized that the proposed plan was designed to protect the existing vegetation on the property. In the previous variance approval both the neighboring residents and the Planning Commission placed considerable importance on the cluster of oak trees on the south side of the site, even though it use up much of the most buildable part of the lot. 2. Despite being substandard in area, the subject lot is actually larger than many of the lots on the northerly side of Enchanted Drive. Even if the variance is granted the proposed house sits back further on the lot and further from the paved surface of the street than many of the homes on the street. As can be seen on Exhibit B, the house to the east of the subject property is only 11 feet from the front lot line. . 3. The conditions establishing a hardship in this case are not due to the actions of the applicant. 4. The hardship is not economic in nature. To the contrary, the use of pilings necessary to build on the lot is very expensive. The applicants have agreed to use pilings to minimize wear and tear on the road that would occur if the soil were to be removed and replaced with granular material. 5. The variance is considered to be the minimum necessary to build on the site, particularly given the desire to protect the oak trees mentioned above. To some degree, the proximity of the proposed home to the street is mitigated by the heavy vegetation along both side lot lines of the property. For this reason the existing vegetation in those areas should be preserved. . RECOMMENDATION The applicants' plans are considerably better than those that were approved in 1995. Not only has the footprint of the home been designed to fit a parcel with a difficult shape and size, but the elevations of the house diminish from two stories in the center of the home to a single-story effect toward the sides of the lot (see Exhibits D and E). Based upon the preceding, it is recommended that the conditional use permit and setback variance be granted subject to the following: a. Unless the City Engineer approves soil correction, the proposed home will be constructed on pilings. b. Prior to demolition of the existing tennis court the builder shall erect tree protection fencing along the tree lines on both sides of the property. -3- Memorandum Re: McConnel C.U.P. and Setback Variance 28 July 1999 c. Prior to any demolition of the tennis court, erosion control barriers shall be erected between the tennis court and the shoreline. d. The recommendations of the applicants' arborist shall be included as part of the approval. e. The applicants shall have one year from the date the City Council approves the request to apply for a building permit. . Cc: Jim Hurm Tim Keane Larry Brown Victoria McConnell Keith Waters . -4- ~~ ~iti~ . LAKE MINNETONKA 1. SHADY ISlAND PT 2. SHADY ISlAND TR 3. SHADY ISLAND OR 4. MAPLE LA elT PHELe$ J3~ y :SUbject Property LAKE MINNETONKA D - ~\\~ ~L ';, \' \5. .W' . . ~ /(~ ,\ \ \~:/ ~~~AA - -~ ~ "~ Cl ~'J 11 ( ) ENCHANTED ISl.AND 1.\ -s.~~ <;.~\ -=r ~\ ~~~ ~~ ~ ~ I)~ )\= fhi t!l I j]~' - NO~lUl- __ ~~1~C' . .~~~ CiR ~~ \ \ iJ'~J~.: ~>-- # Tl \..;,., .Jj/ I. . ~ · _ fJt I ~ _ -",\i \r~'~ . . l- f~,-. .)1(/ / . ~, r~ .' ".~ ~t-J llw I ) \\~ ~. . · . ~rr- ~~~ Pl\M 5~ 1.M~POOOE~RT ~ /d~ ~g<~ .-<~~~' r0' C7. LJ ~ = If / j ]t'--- ~ ~ Q:= . . . ~-v;=- _ Y }- = ~ ~ '.,;: :A-"" \ .-1 ~ . ~~ ... ~ _ --"CJ-I:r "\~ ~ -c.i 1~ T A?lrr~y\'C ll:f'lV ";~.I ~ ~r.ir ~~~J LJ ~ \' ~ l~~~.-:, ~ i\Y I I "...-d. 7/<";. '. ~ _ --..L ~ . " -!.-", f rr ", , ~ I I I I I I I ~.. I ~ UPPER LAKE MINNETONKA ~u) LAKE MINNETONKA -- ~ITh lb \ \ \ hELMl~:~ j - ~ :( IJ i:: lJ Z Z ~ .L. ::> >- a o o 3: UJ 0:: o :.r: en u.. o ~ (3 >-- r-- L-- - :3 LAKE MINNETONKA I r I 'II 800 I o 800 Feet I ~ N Exhibit A SITE LOCA nON McConnell C.U.P. and Setback Variance . . KEITH WATERS & ASSOCIATES, INC. DESIGNERS &. BUll..DERS 6216 Baker Road Suite 110 Eden Prairie MN 55346 (612) 974..()()()4 fax (612) 974-0005 ~y A . \ ELEV A lIONS (FEET) ORDINARY HIGH WATER ........;...;.929.4 BOTTOM OF GRADE BEAM ...........931,9>:. MAIN LEVEL FLOOR .................:..... 936.~: TENNIS COURT .............................. 933.6 HARDCOVER (sa. FT.) LOT SIZE........................................ 14,431 ALLOWABLE HARDCOVER........... 3,608 HOUSE, GARAGE & PORCHES .....2,490. . SIDEWALK & DRIVE........................... 494 TOTAL PROPOSED HARDCOVER 2,982 . (20.67%) - II) CW') )..DRIVE Liccasc Nwnbcr. 0001508 01997 Keith Waters . .t Assodatcs, Inc. McConnell! .'" .." Exhibit B PROPOSED SITE PLAN July 6, 1999 ~ "'2< ~ ~ KEITH WATERS & ASSOCIATES, INC. DESIGNERS & BUILDERS 10340 Viking Drive Suite 110 Eden Prairie Minnesota 55344 Request for a Variance for a Proposed Home @ 4300 Enchanted Drive (612) 942-1060 Fax 942-1058 License Number. 0001508 . Back!!round: This lot is an abandoned tennis court at the end of a cul-de-sac on Enchanted Drive. Lake Minnetonka wraps around the lot on two sides. The old tennis court takes up virtually the whole lot and comes to within 7' of the lake. The lot is essentially dead level. The tennis court appears to have been on the property for many years. Judging by its appearance, it has also been abandoned for many years. It is truly a one of a kind piece of property. In approximately 1996, a house was proposed by Haymaker Construction and presented to the City. A conditional use permit, variances, and a building permit were granted, based on approximately 3530 sq. ft. of hardcover. However, the project was subsequently abandoned, and the lot was placed back on the market. Our clients, Patrick and Victoria McConnell and their family, intend to build their home on the property, subject to City approval. This proposal offers a smaller footprint with greater setbacks. . Summary of this proposal as it relates to City Guidelines HARDCOVER Lot size is 14,431 sq. ft. Allowable hardcover @ 25% is 3,608 sq. ft. This proposal includes: House, garage & porches Sidewalk and driveway = 2490 sq. ft. footprint 492 sq. ft. 2982 sq. ft. or 20.67% The existing tennis court has a hard cover greater than 7500 sq. ft. or 52%. The Owners may choose to add some patios or garage storage, but will stay within the 25% limit. SETBACKS Lake Setback The city staff has determined that this setback is the average of the two adjacent homes or 41 ' - 6". This proposal meets or exceeds the required lake setback. West ~etback The city has taken (as part of the Haymaker approval) 16' of the property for their use as an easement to the fire hydrant. (1170 sq. ft. of the property). A home can be built up to the edge of this easement. The proposed home is approximately 10' from the easement or 26' from the property line. South Setback The side yard setback requirements is 10', but is complicated. Adequate setback must be given to a cluster of 3 trees just on the property. Please see the consulting arborists letter and following paragraph in this submittal. The proposed home design was modified to meet the arborists guidelines. Exhibit C APPLICANT'S REOUEST LETTER Dated 6 July 1999 Street Setback The required front yard setback is 35'. OUr setback is 22'. We are requesting a front yard setback variance of 13'. This is mitigated by an unusually wide boulevard width of 24', giving the home a total setback of 46' from the street. The adjacent property to the east appears to have an 11' front yard setback, and is approximately 35' from the street itself. We cannot see how this variance will harm adjacent properties or the neighborhood. The Trees Wernet with City staff when our plans were in a conceptual stage to get their input. This group of 3 trees, and their location on the site, posed the greatest obstacle for home construction. The city directive to us was to have an arborist, forester or landscape architect examine the trees and prescribe a setback and conditions for construction. We have done so and have modified the house plan in accordance with those conditions. Please refer to the attached report from Garrett Gardner of Top Notch Tree Care. In accordance with Mr. Gardner's recommendations, the building will not cross a 15' radius line from the trees except for a comer of the front porch, which will be supported by a single screw piling. A tree protection fence will be located at the 15' radius line and established prior to construction and maintained until completion. . Foundation Construction The property has substandard soils as described in soil testing by Development Engineering PA prepared September 11, 1995 and updated with a letter in May of 1999. Two basic options exist: 1. Removal of the existing soil and replacement wi compacted granular fill or 2. Use of pilings and concrete grade beams. Both are costly. The home will have no basement. We are investigating both options at this time, and are prepared to proceed with the piling option, in that it will reduce the amount of hauling over marginal streets and reduce the amount and depth of earthwork adjacent to the trees. We will use screw piles in lieu of traditional "hammered" pilings to reduce the vibration to adjacent homes, and the load of a piling rig on the bridge and road to Enchanted Island. . This construction method will greatly reduce the extent of earthwork. The first floor elevation is proposed at 936.4' wi the bottom of the grade beam @ 931.9'. Existing site grade is approximately 933.6. For 6" of granular fill under the grade beam, the site would be excavated to a depth of approximately 27 inches, certainly a minimal excavation. This places the bottom of the grade beam 2.5 feet above the 929.4 Lake Minnetonka level with the first floor level approximately 6' above the lake. These elevations are preliminary and will be adjusted during the fmal construction document process. REQUEST FOR VARIANCE & CONDITIONAL USE PERMIT This is a platted but non-conforming lot. Any home built on it will require a conditional use "permit. We are asking for one at this time. We are requesting a 13' front yard setback as described above and on the site plans. This is an absolutely one-of-a-kind lot. Its size, lake frontage, setbacks, tree location, and soil conditions impose a hardship and require custom solutions to the site and the McConnell's home. We feel the plan as proposed is an extremely creative answer to these conditions. The plans and structural engineering are in the schematic design stages and will be adjusted as the plans are completed. It is our intention to follow the conditions of this proposal and remain in touch with the City. ~~ . 1..."\.............. . " '\ ,.". ,.:0 ,0 "'Z"., ~' ;~I"ri r:-:-, nh ......~... -- .0 "Z.' . Exhibit D PROPOSED BUILDING ELEV A TION - FRONT . . Exhibit E PROPOSED BUILDING ELEVATION - REAR Jurt 25 88 08:45a APTIVA 1 612 822-4311 p. 1 'TIte cArborists 0/' Notch Treecare -.G::.... __~ ~___ "We speak/or the rrees" Keith Waters &: .-\ssociates 6216 Baker Road, Suite 110 Eden Prairie. :\N 55346 06/24/99 . Dear ivEke. On June 24th. 1999 I inspected the "tennis court" property on EncnaJ\tmejlt Dr. for the purpose of tree preservatio;1 prior to ne\v home construction for Keith Waters & Ass( lciates These three trees are Red Oaks: 12". 14" and 15" diameter with the 12" beinl:! the closest to the . . . ~ proposed construction. The critical root area of these trees are a 15' :"odiw:. Any construction or compaction 'within that critical root area will adversely impact the trees' health and/or survival. . Keith Waters mentioned that he intended to ~Iace a porch two or thrfC: feel into the area and this would be fine as long as there are only pier footings and not linear f~wting,'i Due care must be taken to not bring any machinery such as truc;';:s or loaders into the c\lt\ca] root area. With these Drecautions the trees stand an excellent char.ce of survival. I also noted that the middle 15" oak leans on another oak and I would recommend removal of the 1eaning oak to prevent possible loss of both trees. Garrett Gardner ISA Certitled A.rborist ::212 Exhibit F ARBORIST'S TREE PRESERVATION LETTER Dated 24 June 1999 . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION OF COMMENDATION FOR LIEUTENANT DENNIS SIEGFRIED WHEREAS, Lieutenant Dennis Siegfried of the South Lake Minnetonka Public Safety Department (SLMPSD) is retiring after 28 years of service; and WHEREAS, Lieutenant Siegfried is the last SLMPSD officer who had served on the Shorewood Police Department before the merger in 1973; and WHEREAS, his dedication and service tot he people of Shorewood and the south Lake Minnetonka area will be greatly missed. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, on its behalf, and on behalf of the residents of the City of Shorewood, do hereby publicly commend Lieutenant Dennis Siegfried for 28 years of exemplary police service to the City of Shorewood and to the entire south Minnetonka area. BE IT FURTHER RESOLVED that an original copy of this resolution become part of the permanent record of the City of Shorewood, and that an original executed resolution be presented to Dennis Siegfried on behalf of the City Council and the City of Shorewood. ADOPTED by the Shorewood City Council on this 23rd day of August, 1999. ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR ~.. " To: Mayor and City Council James C. Hurm, City Administrator ~ Prom: Teri Naab, Shore wood Executive SecretarylDeputy Clerk Date: August 19, 1999 Re: Tobacco Retailer License Ordinance . Minnesota Session Laws 1997, Chapter 227 requires retailers selling tobacco products to be either licensed by the County or the City. One major component of the law requires periodic compliance checks of licensees. SLMPSD currently conducts compliance checks of all retailers selling tobacco products and will continue to do so in the future. Because this requirement is currently being conducted by a department of the City, it is recommended that the licensing be done in-house so the revenue generated by the license fee can off-set the cost of these checks. Also, if the County were asked to accept the responsibility, the City would be required to pay the $250 license fee for each of the liquor stores currently selling tobacco products. Should the Council decide to adopt the attached ordinance titled "Sale of Tobacco" and establish a fee for tobacco retailer licenses, the following issues should be addressed and directive be provided: Section 302.11, Subd. 6. megal Sales. The County originally proposed that the legal age to sell tobacco products be 18. However after receiving much feedback from retailers who urged the limit . be set lower because of the need to hire younger clerks, their final version set the limit at age 16. Section 302.12, Subd. 3. Hearing Officer. This section states if a hearing is requested by an accused violator, that hearing be conducted in from of an Administrative Law Judge. The City of Excelsior adopted the policy that the hearing be conducted by the City Council and Greenwood adopted the policy that the hearing be conducted by the City Administrator. :#7~ , , ' Section 302.13, Subd. 3. Minors. State law requires that Administrative Penalties be adopted for minors found to be in unlawful possession of tobacco products. Staff sent out letters soliciting input from various organizations and published an article in the newsletter asking parents to respond to this issue. Attached you will find the four responses received. · Mount Calvary Lutheran Church is suggesting financial implications may be the best penalty. . Mr. Wellens suggested setting fixed penalties for violators. · Nancy Boyer suggested contacting the parents or guardian and possibly requiring the violator to attend a tobacco-free education program. · Mark Wolak, Minnetonka Schools, supported attendance at tobacco-free programs and notification of the school authorities. He explained that they are in the process of developing a new program and would like the City to be involved with the planning phase of the program. The City of Excelsior adopted a $25 fine and community service if deemed appropriate. Greenwood adopted the violator would be cited in family court. . Section 2. Chapter 1301.02. Fees. License fees collected are to cover associated fees, including the following: . Staff time, license application, communications to licensee and background checks . Inspection of operation . Compliance checks, including recruiting youth, training, and stipend for youth . Adult and Police staff time associated with compliance checks . Mileage . Follow up activities, including letters, reports, etc. The following is a listing of adopted fees for other organizations. Some of the cities are currently considering a change to their fees. $200 50 50 100 Coun Issues Coun Issues 150 100 150 250 . The Administrative Fines established in Section 2 (last page of the ordinance) have been set by State law and cannot be reduced, but can be increased. Council directives should address each of the sections listed above, and any other areas of concern. , lit , CITY OF SHOREWOOD RESOLUTION NO. 99. A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on August 23, 1999, the City Council of the City of Shorewood adopted Ordinance No. , entitled "Sale of Tobacco" and "Establishing Fee for Tobacco Retailer License"; and WHEREAS, the City Clerk has prepared a summary of Ordinance No. , as follows: The following is the official summary of Ordinance No. Council of the City of Shorewood, Minnesota, on August 23, 1999. . , approved by the City The ordinance is a comprehensive revision of the City's policies, procedures and requirements for the sale of tobacco products and the licensing of facilities selling tobacco products. Among the significant features of the ordinance are as follows: . A. B. e. D. E. F. G. H. I. J. K. L. M. N. O. Purpose; Definitions and Interpretations; License; Fees; Basis for Denial of License; Prohibited Sales; Vending Machines; Self-Service Sales; Responsibility; Compliance Checks and Inspections; Other TIlegal Acts; Violations; Penalties; Exceptions and Defense; and Severability and Savings Clause. A COPY OF THE ENTIRE TEXT OF THE ORDINANCE IS A V AILABLE IN THE OFFICE OF THE CITY ADMINISTRATOR. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. . clearly informs the public of intent and effect of the ordinance. . ,.. , Resolution No. 99- Page 2 2. The City Clerk is directed to publish this resolution, in lieu of publication of the entire text of Ordinance No. , pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. The City Administrator is directed to post a copy of the entire text of Ordinance No. on the city bulletin board, beginning August 24, 1999, and ending September 23, 1999. ADOPTED by the Shore wood City Council on this 23rd day of August, 1999. . ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "SALE OF TOBACCO" AND AN AMENDMENT TO CHAPTER 1301.02 - ESTABLISHING FEE FOR TOBACCO RETAILER LICENSE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: . 302.01: PURPOSE: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the said possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. ~144.391. . 302.02: DEFINITIONS AND INTERPRETATIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1. Tobacco or Tobacco Products. ''Tobacco'' or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco: cheroots: stogies; perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Ordinance No. Adopted Subd. 2. Tobacco Related Devices. Tobacco related devices shall mean any tobacco product as well as a pipe, rolling paper, or other device intentionally designed or intended to be used in a manner which enables the chewing, stuffing, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. . Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Subd.5. Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or . other container as described in this subdivision shall not be considered individually packaged. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd. 7. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Ordinance No. Adopted Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. . Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products and tobacco related devices. 302.03: LICENSE: No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. . Subd. 1. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Ordinance No. Adopted Subd. 2. Action. The City may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City shall approve the license, the City Clerk shall issue the license to the applicant. If the City denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3. Term. All licenses issued under this ordinance shall expire on the last day of September of each year. Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance . Subd 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom, the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. . Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 302.04: FEES: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in Section 1301.02 of this Code. Ordinance No. Adopted 302.05: BASIS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible forthe license under this Section. A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. . C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of the application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance or other regulation, from holding such a license. 302.06: PROHIBITED SALES: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: . A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be' provided in this ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in this chapter. Ordinance No. Adopted E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 302.07: VENDING MACHINES: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. . 302.08: SELF-SERVICE SALES: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, . tobacco products, and tobacco treated devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within 5 days. 302.09: RESPONSIBILITY: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this section, State or Federal law or other applicable law or regulation. . 302.10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco.. tobacco products, or tobacco related devices. Minors used for the purpose of compliance Ordinance No. Adopted checks shall be supervised by designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law . . 302.11: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this ordinance: Subd. 1. lllegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd. 2. lllegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. . Subd. 3. lllegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Subd. 4. lllegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person so coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Ordinance No. Adopted Subd. 5. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified ortampered with to represent an age older than the actual age of the person. Subd. 6. megal Sales. It shall be a violation of this ordinance A. For anyone under the age of products, or tobacco-related devices. to sell tobacco, tobacco B. For a licensee to cause or permit anyone under the age of _ to sell tobacco, tobacco products, or tobacco-related devices. . 302.12: VIOLATIONS: Subd. 1. Notice. Upon discovery of a suspected violations the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd.3. Hearing Officer. An Administrative Law Judge from the State Office of Hearing Examiners shall serve as the hearing officer. . Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 302.13 of this chapter, shall be recorded in writings a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd.5. Appeals. Appeals of any decision 'made by the hearing officer shall be filed in the district court for the jurisdiction of the City in which the alleged violation occurred. Ordinance No. Adopted Subd. 6. Misdemeanor Prosecution. Nothing in this ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 302.13. PENALTIES: . Subd. 1. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Section 1301.02 of this Code. In addition, after the third offence, the license shall be suspended for not less than seven days. Subd. 2. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee as provided in Section 1301.02 of .this Code. Subd. 3 Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be . Subd. 4. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 302.14. EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as descnbed by State law. 302.15: SEVERABILITY AND SA VINGS CLAUSE: If any section or portion of this ordinance shall be found nonconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Ordinance No. Adopted Section 2. Chapter 1301.02 is hereby amended to add the following: Tobacco Retailer License $ /premise Administrative Fines: Licensees in Violation Other Individuals in Violation $75.00Ifirst offense 2oo.00/second offense in 24 month period 250.00/thereafter within 24 month period 50.00 per offense Section 3. This ordinance is effective the date following its publication. . ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 23rd day of August, 1999. ATTEST: KRlSTI STOVER, ACTING MAYOR . JAMES C. HURM, CITY ADMINISTRATOR . . Mount Calvary Lutheran Church PASTORS David Olson August 5, 1999 .,.---...-----. ~\ I c:- (F0 IE' G \\ fll2 fR\; li[CA~G'~;: ~I Susan Engh Orville Olson Paul Petterser Jim Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jim, In response to your request for thoughts regarding appropriate penalties for minors for the purchase, use or possession of tobacco products, I offer these reflections: . The penahy ought to be similar to that for the purchase, use or possession of alcohol or any other addictive substance . All three of the possible penalties you listed in your letter have their merits (notification, education, diversion). However, youth are already inundated with anti- tobacco messages and education in school to little or no effect. And the use of diversion programs sometimes seems to convey that public service is a punishment instead of a privilege and responsibility. Perhaps the most painful consequence for a young person would be financial-some fine that has a significant bite to it ($100 or more). . Consequences for aduhs and retailers who sell or provide youth with tobacco products should be similar to those of alcohol and should include the loss of right to sell tobacco products for a minimum of one year. . Given the history of ineffectiveness that penalties have had on youth consumption of alcohol plus the likelihood that many aduhs will not treat tobacco use with the same seriousness as alcohol use, I am doubtful that these penalties will have much effect as a deterrent. Is the pwpose of the penahy to exact consequences for illegal behavior or an attempt to deter use? If deterrence is a goal, penalizing youth will be inefficient and likely ineffective. Because most choices to smoke are attempts to be counter- cultural or reject the controls of society, some will always find the illegality of tobacco use a strong attraction. Other methods will need to be used to achieve the deterrence goal ( stronger penahies for aduhs who sell or provide to a minor, asset building in youth, etc..). If the purpose is simply to show that illegal actions have consequences, then my comments in the second bullet1'oint apply. Thanks for inviting my feedback. Personal greetings to you and continued prayers for a strong recovery from your surgery. a8L- avid A Olson 301 County Road 19 + Excelsior, Minnesota 55331 + Phone: 612-474-8893 + Fax: 612-474-0121 r'J1VI'/I/.M:tIIYIYtIIIYI/IYIV....II"M1"/I'/I/~I/M'..,JW.lYI/I/I/IYI/I/I/I/IJIM'I/I/JWI?IMWIY~I/IVJ1iVI?~....,Jf'.oIIll'UVM1J1'~~IIJU1'UJ.. 1.mM...AUiP...,....."..,...-.:; ~ Martin R. Wellens mwellenS@woridnet.art.ner. ~ ~ 4755 Lakeway Terrace 612/470-9395 ~ L~::~~~2~~~ ~~~~ t;~~~_____________ . ~ __. _. L:~~~d~ 1'.~ ~ __, Tobacco Ordinance Feedback August 1, 1999 302.01 Yuu daull that milluns pW"Cllmfil1g ami msiug tubat:cu an~ viulatulg Federal and State laws. So why are we writing an ordinance? We do not have ordinances against the thousands of other StMe and Pederall.",",g. Do you intend to redundantly p:u:g ordin.'u2Ceg for :\11 ofthesn? The other levels of government are responsible for enforcing their own laws and dealing with the problems they create. I suggest we stay out of the mess they created. You claim tltat ltealth problems place a financial burden on ALL levels of government. . But governments choose to pay these costs. If the cost is too high, governments could say we will not cover smoking related illnesses; or, we will not cover smokers. Since governments have not chosen to do tIus, the cost must not be that high. Likewise, fatty foods and alcohol cause health related costs. Will you seek to control these items in order to protect a collectivized healthcare system? The rationale would be the same. The reasons provided for instituting this ordinance are defective. 1) It's already against the law. 2) The fmancial difficulties of the government's health insurance system are caused by its anti-competitive, collectivist nature. Not by smokers. This ordinance will not save or even help to solve an unworkable socialistic system. 302.02 Subd 7 You say a minor shaH mean any NATURAL person. Please identify UNnatural persons. . 302.10 You say compliance checks will be made "from time to time~ but at least once per year." Could you please put a cap on the number of possible inspections per year? Presently there are no protections for the storeowner from an anti-tobacco zealot (Clerk, Councilmember, Cop, Staff member) who wishes to harm a local business owner. A cap would limit abuses of power. [IJt depends on how you define 'alone '... [TJhere were a lot of times when ~ alone. but I never really thou~ht we were." . Bill Clinton. Grand Jury T estimorry First he admits they were alone, then says he did not think they were alone. If you admit an objective fact to be true, how can you also think it not true? C:\windows\TEMP\FAX\TobaccoO.doc 302.09 You say the store owner shall be responsible for the actions of their employees It is always destructive when we refuse to hold the actor responsible for their actions and instead shift the penalty to an innocent bystander. Under this section and 302.13, a 16 yr old clerk. could coerce his boss for a raise. If denied, the clerk could sell to underage kids. If done three times in a day, the storeowner's license "shall be suspended for not less than seven days." Now the clerk has become the boss. If you insjst on holding others responsible, let's extend this penalty to those who issued the license. You CounciImembers certainly have control over the businesses you allow to exist in Shorewood. You are just as culpable as the store owner. I hope you will not rationalize this away with the weak claim that it would go "too far." As booze peddlars yourselves, you might also consider assuming responsibility/liability for selling alcohol to minors. The best policy is to hold the criminal responsible for the crime they commit Not innocent by-standers (owner), inanimate objects (guns), nor the stock market (excuese for the killer in Georgia ). Oddly, you do not specifY a penalty for the criminal clerk. This implies you intend to do exactly the wrong thing. . 302.11 Subd. 4. Many pareJits have effectively deterred their children from smoking by having them smoke an entire cigar. The kid gets sick for several hours and swears them off for a decade. Your ordinance makes the parent a criminal for using a time-tested child-rearing technique. Or do you politicians claim to know better than every parent in the city, what will work for their child? 302.13 Subd. 3. Not only do you neglect to specify the penalty for the criminal actions of the clerk; you neglect to specify the penalty for the underage buyer. What a great scam for the teenagers. They buy and sell all the tobacco they want and only other people get hurt. . Let's set fLxed penalties. It would be a terrible lesson for kids to l~arn that criminal penalties vary depending on who their parents know, how much political pull they have, how much crying they do, or which political party they belong to. Thank you for your time. Martin R. Wellens 4755 Lakeway Terrace Shorewood, MN 55331-9367 Phone Call August 5, 1999 Regarding Tobacco Ordinance Nancy Boyer (474-2280) called to say that her children know a lot of children who smoke. She feels that if the kids are caught smoking the parents should definitely be contacted. A tobacco-free education program would also be good (not sure if this wOllld really help). But felt that something needs to be done to the seller for selling to a minor - like a large fine . . "" [Sl "- flJ [Sl 0... ~ [Sl If) ..-l Q "" r>.J ..-l \0 111 ...J o o I lrl t.:: '.. .~ " v, .... '" .: e rl "t: .-s &. 0 V") ~ ~ 0 ~ V": _II") V tn = " ..:egz ~CG::;; Jl 1::. 'i r5 g.a .~ ~.~ ::.;;~~ -'" j .~ a ti ::! ~ t: ~i:q .~ ~ ~ J o ~ <'! ~.~ -ab; ~~ ~ ~ 0!4~ t:$ .~ o _.-. ,...1..... ~~ ~:.r, ~ ~- *~ ~.~' '-' . , ~ G:~ z.::::: ~~ ~c:: t'-- ('I ~ -g~ ~~ r:: "'"'t:J.o 'r) ~E~oi (j.~ f B V) .E,g c-d' 'U P. C'-I ::t 0 ~:9~8 ~ ......~o f ~ ?;> o~ 0 ~iJot;t3 fj ~ as ~ tal '" 6: Q ~ E ~ B ;;j '" a '" z z; ~ . ~ ~ ~ !a <U ~ o ... -0 !a 0 Ol)-H <UV)t..., .....~o ~f~ ,!!! p. .0 o 0 s::: 0(.)0 .c::(.) u ~ II) rn.g15 (.)..... ..... :.!:l ~ .;,; .oo<u ;:S~0l) A-ioOJ) ~._ :::s V) <I.l V) "0 o ~ c ..... V) Cd m &~ :.::I'CfG .2iaE! . a El~ o ~ 0 'U ..t1 U] (.)"tJ ..... .~ 0 5 au ~ ] .~ ~ 8 II> S (1) 0. go gegV') 'dOlUtt .B~~tU I'.fJrI',J-...... 'U~-Oc :::s :.a - C,o;J g-.....::so ... 0 ~ O\ClP.~ 0-, Cd -t 0 ~ <<a i--o . s::: '!::1 ;j 00 0 ~ N.... :::l .!!! >.o..eo "3oeil ....~ou ~ (.) CI') 0:;:: ... ~ ~O::s~ ~ a 0 ~ lU r~ .S ..s -...... lU 9.o-g E! ~u ~~ i5 ~ '" -< a ~ .~ " ,. c u, [ '< ii: lil Q 1:1 cl)'~ .E ~ Jj~~~o o<2a:s~Ji d s::: ~ (,) I s;;.- (,).- 0 := ~ ,9 5 ~ <E ~ a..c: .0 .c 00 ~ .aM~ o ._:::s"O >,V)~05 ,S 11 5 E fj ~V)~"O~ ~~~-MS e c.;:I.>..... ull)~o~ .S ~ 9 S'-S fa 1i 'g fJa ~ "'t:lI-4O. bI) (j 0.' ~ ,3 ......E~ ~i:~ ;e ::::: ...... 0< S.~'- 0 Q) . "O~01-< ~] ~ ~ ~ ::t (.) .- 'lJ (l)r:I.I~:gP. 5 g ~'s g ] .8 .:!! g >. Vi ..... -5( t:: tool II> -:s ~ ~ ] 'S; .6: 'U tJ .... 0 a aT;f~ao .... lib ~ il ~-E 8.~ s::f 00\0 U't;j oui ~'Uc:jo5J3 ~-s~.g"f;1 .s~1i~~8 s--o~.... P. o lu a I 0 s::: .~ - 0 ~ 0 '+-l 5 = U '.0 .a'a~~M~ cU~o.oG-i:::l ,:) o.~ B ~ 1j '" g :3 .. J1 '" ~ i5 li! C) '< cro ~ z .00 ..... g ~ "" ... "" '" V> d t::.g o (OJ 0.0 o.t;:3 ~'a 'U 0 j3:: ; od':.E ~E-i >.. :J fa 5 lo-4 0] .eJ w 5 ~ SO II) >. ~~ O.S >.'t;;S .0 - (\).2 V) > :::s 0 o u (.) u ~2 .00 . o...-a ..... >. 0.. :; c'- o Cod (,) ~ ~,~ 'd1:::2- 'U ~ 0 Flti.8 o ..... (.) 8 8 (/) o..c~ oO';;;:J ~;g lUO~ il= ~ (,) t) d e u 0...... .!3 'P "1:1 <I.lC,o;J'" s:f 0 5 o (Q C'l ..0:;: '.0 lI) .... 0.0 "1:1 $::-0 -ga~ s:: 0 0 >- ;>. (.) -< ~ e :> ~ '" ::> ~ . oi t:: r.t~ 1;::'+-4 o <.) p.S::: ~.g 5 ~e .p. ~] ,- = >'0 -'0 .... (0$ ~ ~ s11 8~ ~J 8.~ .E {; ~~ :> w ~~ o .8 -5 :;~ g.~ .- u ~-:S o s::: .... 0 tEl u) 00 p ~~ ""'>- tS-r :::l~ o'a >":::s ~ ~ ~ 8 ...... r.:I :a ~ .... o N .... o II') t .- ~ 1i:l a ..... -a (,) g II) !I '5 ..Cl .... g o "0 U lI:I c:os 'U 0. 6 'fii e . cg~ .~ l:' ~ E; s:::N ~i c:j 0 ~ .1 g@ j3::~ ::s- o 0 ;>. ?; ~ E1 ~ 8 'r::' ~ CI) 1:: ~ en 1i "0 a CI) t..., o .... ~ .... ~Q .....G) o ;> ~'.&:l ::t ~(.) c;j <;) . ~ ;;Su:! g ';::I tool (.) ~ ..... o "1:1 a o a:l (.) u AUG-17-1999 11:31 MTKA PUBLIC SCHOOLS 612 401 5032 P.04/04 ACCESS TO TOBACCO FOR TOBACCO USERS IN PA$T 30 pAYS (1998) * SOCIAL SOURCES Grade 9 43% Grade 6 Got it from friends 62<'/0 Grade 12 780/0 Grade 6 400k Got it by getting someone else to buy for me Grade 9 430/0 . Grade 12 480k Grades_26% Got it from family members Grade 9 _17"k Grade 12 .13% Grade 6 _20% Took it from my home Grade 9 .7% . Grade 12 _1Pib COMMERCIAL SOURCES Grade 6 2go~ Bought it at a gas station! Grade 9 __21% convenience store Grade 12 43% Sought it at a groceryl discount/drug store Grade 6 _2tr'ib Grade 9.9% Grade 12 .9% · Restricted to students under age 18. TOTAL P.12l4 AUG-17-1999 11:30 MTKA PUBLIC SCHOOLS 612 401 5032 P.03/04 HEAVY CIGARETTE SMOKING IN PAST 30 DAYS (1/2 pack or more per day) . . 0.30/0. 0% 2.5% , .-. - ,....,.:. . 1 40/0': .';' :,;~,,:.; :. . Ie. :i::;~"~;. :;;', .0:- ..:... ..... . ;". ~'/. 20%. 9% Grade 6 Grade 9 Grade 12 ~1992 EJ1995 .1998) CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION MAKING AN APPOINTMENT TO THE SHOREWOOD LAND CONSERVATION I ENVIRONMENT COMMl'ITEE WHEREAS, per the directives of Ordinance No. 352 adopted on June 14, 1999, the Shorewood City Council makes appointments to the Land Conservation / Environment Committee; and WHEREAS, the volunteer opportunity had been advertised and interviews conducted by the City Council July 26, 1999 and August 23, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Shorewood Land Conservation / Environment Committee consists of the following individuals, with the term to take effect immediately and shall expire as indicated herein: . Term Expires 1/31/2000 1/31/200 1 1/31/2001 1/31/2002 1/31/2002 . Appointee Joel Jurgen Lucinda Kircher Dave Gosen Tom Schmid Frederic Bruno Paula Berndt Donna Woodruff Representing Park Commission Planning Commission ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 1999. ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR fF7b CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOO. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM . DATE: Mayor and City Council James C. Hurm, City Administrator Larry Brown, Director of Public Works W August 18, 1999 TO: FROM: RE: Consideration of a Motion to Adopt a Resolution Rejecting Bids for the 1999 Improvement Project - Noble Road Improvement Project and Southshore Center Drainage Project, City Projects 9901 & 9907 Attachment 1 is the bid tabulation for the Noble Road Improvement Project and the Southshore Center Drainage Project. Only two bids were received, with the low bid provided by Midwest Asphalt, Inc.of $212,003.70. The engineer's estimate for the project is $171,754.60. This represents a 23.4 percent increase in what was estimated. Breakdown of the Southshore Center portion of the bid is further evidence that the bids received were extremely high. That portion of the low bid received is $78,974.35, versus the engineer's . estimate of $43,679.40. Based upon this information, it would appear that the contractors of the area have more than sufficient workload to complete the year. As disappointing as this is, it is therefore recommended that the bids be rejected. Plans would be re-bid in February of2ooo. A resolution is attached for your consideration. o PRINTED ON RECVCUO PAPER 8a- 1 v~ City of Shorewood Bid Tabulation 1999 Improvement Projects City Projects 9901 & 9907 Bids Opened: 10:00 A.M. August 18, 1999 Engineer: WSB and Associates, Inc 1 Hardrives Inc. 2 Midwest Asphalt Corp: 3 4 5 6 7 8 9 10 11 12 13 14 15 Engineers Estimate x X $ $ 225,393.70 212,003.70 $ 171,754.60 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project 8//8/" Date df2~~ Theresa Naab, Deputy Clerk J~ r/, t!j Date ~ 6",./.1f- - V~eSlown. Director of Public Works Attachment 1 ~ " CITY OF SHOREWOOD RESOLUTION NO. 99 - A RESOLUTION REJECTING BIDS FOR THE 1999 IMPROVE:MENT PROJECTS PROJECT NOS.. 9901 9907 WHEREAS, pursuant to Resolutions 99- 051 and 99-052 adopted July 12,1999, an advertisement for bids for the Noble Road - Southshore Center Improvements, City Project Nos. 9901 and 9907, as a single project, was published, bids were received, opened and tabulated on August 18, 1999 at 10:00 a.m. according to law (such tabulation is attached hereto and made a part hereof as Exhibit A); and WHEREAS, the City Council has determined that the bids submitted were in . compliance with the plans and specifications on file with the City Administrator/Clerk; and WHEREAS, the City Council has also determined that the bids submitted were in excess of amounts budgeted to fund said Improvement Project. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby directed to reject all bids received for this Improvement Project. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made for bids received. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23 rd day of August, 1999. ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY AD:MINISTRATOR 1 '>I: City of Shorewood Bid Tabulation 1999 Improvement Projects City Projects 9901 & 9907 Bids Opened: 10:00 A.M. August 18, 1999 Engineer: WSB and Associates, Inc 1 Hardrives Inc. 2 Midwest Asphalt Corp. 3 4 5 6 7 8 9 10 11 12 13 14 15 Engineers Estimate x X $ $ 225,393.70 212,003.70 $ 171,754.60 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project 19/!e/" Date 4~~ Theresa Naab, Deputy Clerk J~rlf:J 'j Date d -~ltL ,. V ~Brown, Director of Public Works EXH\8ST"'~'- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood.cityhall@shorewOod.state.net MEMORANDUM TO: Mayor and City Council James C. Hurm, City Administrator JlbJ !.any Brown, Director of Public Works ~ August 18, 1999 FROM: . DATE: RE: Consideration of a Motion to Adopt Resolution Accepting Bids and Awarding Contract for the Noble Road Reconstruction/Senior Center Drainage Projects Bids were received and tabulated on Wednesday August 18. 1999, for the Noble Road Improvement Project and the Senior Center Drainage Improvrnents. The bids received exceeded the engineer's estimate for the projects. At the time of publication, a decision has not yet been made as to whether to proceed with the projects, or to reject the bids and re bid in February of2000. A recommendation for this item will be forwarded to the City Council members under separate cover. . 8a.. ft ~J PRINTED ON RECYCLED PAPER " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 .,www.state.netlshorewood · cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James C. Hurm, City Administrator Larry Brown, Director of Public Works ~ August 18, 1999 FROM: . DATE: RE: Consideration of a Motion to Adopt a Resolution Accepting Bid and Awarding Contract for Old Market Road Retaining Wall Repairs, City Project 9905 Attachment 1 is the Bid Tabulation for the Old Market Road Retaining Wall Repair Project. Bids were . opened and tabulated on the date of this report. The low bidder is Jay Bros. Inc. inthe amount of $33,172.50, compared to the engineer's estimate of $37,375.00. Jay Bros. is found to be a responsible contractor, and has contracted with the City of Shorewood previously as the general contractor for the Shady Island Bridge Replacement Project. . The Office of State Aid has approved the use of Municipal State Aid funds for this project. Therefore, Staffis recommending approval of the attached resolution which accepts the bids and awards the contract to Jay Bros., Inc. in the amount of $33,172.50. A resolution is attached for your consideration. o PRINTED ON RECYCLED PAPER 8b, ,~ City of Shorewood Bid Tabulation Old Market Road Refaining Wall Repairs City Projects 9905 Bids Opened: 10:30 A.M. August 18, 1999 Engineer: WSB and Associates, Inc 1 Jay Bros. 2 Rice Lake Contracting 3 4 5 6 7 8 9 10 11 12 13 14 15 Engineers Estimate x X $ $ 33,172.50 44,550.00 $ 37,375.00 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project 8//a/" Date ~V- Theresa Naab, Deputy Cleric M,Y!99 Date ~/.&- -- .mnce Brown, Director of Public Works Attachment 1 ,", .. CITY OF SHOREWOOD RESOLUTION NO. 99 - A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR OLD MARKET ROAD RETAINING WALL REPAIRS CITY PROJECT 9905 WHEREAS, pursuant to an advertisement for bids for local improvements designated as Old Market Road Retaining Wall Repair Project, City Project No. 9905, bids were received, opened on"August 18, 1999 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A:, and WHEREAS, the City Council has determined that Jay Bros., 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 City Administrator/Clerk are hereby authorized and directed to enter into a contract with Jay Bros., Inc., in the name of the City of Shorewood, Project No. 9905, according to the plans and specifications therefor approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized to retain the deposits of the bidders and shall be retained until a contract has been signed. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August, 1999. ATTEST: KRIST! STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR <:,' J City of Shorewood Bid Tabulation Old Market Road Retaining Wall Repairs City Projects 9905 Bids Opened: 10:30 A.M. August 18, 1999 Engineer: WSB and Associates, Inc 1 Jay Bros. 2 Rice Lake Contracting 3 4 5 6 7 8 9 10 11 12 13 14 15 En ineers Estimate x 'X $ $ 33,172.50 44,550.00 $ 37,375.00 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project 8//a/" Date ~v Theresa Naab, Deputy Clerk 87l.f'/99 Date ~~$- Lawrence Brown, Director of Public Works EXHt!5'r A ,10 "_ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: FROM: . f DATE: RE: Consideration of a Motion to Adopt a Resolution Authorizing Exemption From Uniform Municipal Contracting Law This item is related to the next City Council Agenda Item which considers the authorization of expenditure of funds for purchase of one portable generator. . Last summer, there were three instances where 5 to 7 sanitary sewer-pumping stations were without power simultaneously, for a period of 5 hours or more. During those times, Public Works Staff scramble to get NSP, waste pumping contractors, and electrical control contractors (if required), on site before. the morning peak flows begin. Failure to get the lift stations up and running promptly results in sewage to backup into basements. Thankfully, the City has been able to avoid this occurrence over the past few years. These events provide a great deal of excitement and hopes that "the race" will be won by the City Staff, and not the sanitary sewer system. Staff is seeking approval to purchase a generator to provide backup power to the sanitary sewer pumping stations, and other facilities, to help avoid these "anxious moments. " Under Minnesota State Statutes, municipalities making purchases over 25,000 dollars are required to authorize placement of an advertisement for bids, advertise, conduct a public bid opening, and formally award the bids. This is a lengthy and drawn out process. Purchases or contracts under this threshold can be completed simply by obtaining two or more competitive quotes. Due to a heightened awareness of the millenium bug, a bill was passed which exempts municipalities from having to advertise for bids, for purchases or contracts which are related to address Y2K issues (refer to attachment 1). In the interest of time, items of this type can be obtained by quotes alone, as long as the purchases are filed with the Department of Administration of Minnesota, and the attached resolution which declares such purchase applicable to Y2K, is approved by the City Council. Staff is recommending approval of the resolution, which exempts the City of Shorewood form the Uniform Contracting Laws for items applied to Y2K issues. Aresolution is attached for your consideration. ft ~.1 PRINTED ON RECYCLED PAPER Be. . i1"~ j' .;/ ,: '-, ! c::: (('l E n \\ /7 re rni ; .....,....... _.. /I'r-li' . .f:......_." f"".'. ". ..._, i 'Ill,' - _. - '-. h' .. ,.,. 'I 'i' '._'. .. ." ~ , . .,-.... I Ji: to. .. ';'1. ; , ... .. f t.' '. .....I~ '. ". 4- ....-tJ i' /f ;;fii ~ ';~J"" .iJn "1 t; b:.' ; / -^..-'f" '8). n~"~ebt of Administration IVtl:MORANDUM InterTeehnologies Group Teehnology Management Bureau 320 Centennial Office Building 658 Cedar Street St. Panl, MN 55155 Voice: 651.296.5643 Fax: 651.296.5800 TTY: 651.282.5599 DATE: June 14. 1999 TO: Local Government Represemaa "- David Fisher, Commission . ./ll//" Department of A- I 999 Year 2000 Legislation for Local Units of Government -- FROM: . SUBJECT: The 1999 Legislature bas enacted Year 2000 legislation that offers local units of government assistance and protection in addressing Year 2000 problems as defined in 1999 Minn. Laws Cb. 250. An. 2. Sections 6-7. Several Year 2000 provisions are covered in the legislation and three require notification or certification from the Minnesota Department of Administration;' I. Exemption from Uniform Municipal Contracting Law 2. Year 2000 Loan Fund 3. Issuing Year 2000 Debt Above Debt Limit . A number of organizations have colIabomed to create a certification and notification process so that local units of government can take advantage of these provisions. The Department of Administration has collaborated with the Minnesota Year 2000 Project Office Advisory Group with representation from the Departments of Revenue and Finance, Office of the Attorney General, and local government leaders. Additional assistance has been received from the Intergovernmental Information Advisory COWlciI (IISAC) and the League of Minnesota Cities (L\fC). Instructions for certification or notification, including model resolutions, are attached. The Minnesota Year 2000 Project Office Advisory Group will review your request(s) for certification. The Minnesota Year 2000 Project Office WIll c..'"1'tify the request(s) and DOti1Y the local unit making the request. To review the Year 2000 legislation or for electronic versions of the fonus, access the Minnesota Year 2000 Referral Web Sire at httDilwww.y~.mn..u:s..click on the State and Local Government Section and access the Minnesota Year 2000 Local Government Section Linlc.. ' If you have questions, please contact the Minnesota Year 2000 Project Office at 6S I .196.5643. Attachments . Attacllment 1 CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION AUTHORIZING EXEMPTION FROM UNIFORM MUNICIPAL CONTRACTING LAW WHEREAS, the City of Shore wood recognizes the importance of Year 2000 remediation, planning and prevention actions; and WHEREAS, the City of Shorewood has identified the purchase of a 200 kw Portable Generator as a necessary tool in preventing major problems with respect to delivery of services due to problems arising from the Year 2000 problem; and . WHEREAS, the City of Shorewood has determined that the actual or potential need for such equipment for the delivery of municipal services is essential; and WHEREAS, the City of Shorewood has identified planning, remediation, and prevention actions for addressing the Year 2000 problems; and WHEREAS, the costs of said equipment would normally be subject to the Uniform Municipal Contracting Law, Minn. Stat. See, 471.345; and WHEREAS, the City of Shorewood has determined that there is an urgency to purchasing this equipment in order to prevent an impact on the infrastructure or deliver of municipal services; and WHEREAS, such urgency is heightened by the limited availability of such equipment; and . WHEREAS, any delay in the implementation of this action could pose a threat to the public infrastructure and delivery of municipal services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood hereby determines that the planing, remediation, and preventative efforts identified in this resolution shall be exempt from the Unifonn Municipal Contracting law, Minn. Stat. Sec. 471.345, pursuant to 1999 Minn. Laws Ch. 250, Art. 2, Section 6; and 'i: '" Resolution No. 99- Page 2 of2 BE IT FURTHER RESOLVED, that staff shall take all necessary and appropriate measures to implement the planning, remediation, and preventative actions for addressing the Year 2000 problems set forth above. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23th day of August, 1999. . ATTEST: KRISTI STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR . " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net :MEMORANDUM TO: Mayor and City Council James C. Hurm, City Administrator Larry Brown, Director of Public Works !!!- . FROM: DATE: August 18, 1999 RE: Consideration of a Motion to Adopt a Resolution Authorizing Expenditure of Funds for Purchase of One Portable Generator Staff is seeking authorization to purchase a portable generator to power the sanitary sewer pumping stations. This has been an item of discussion for many years. The Capital Improvement Program lists $30,000 in 1999 for such a purchase. Issue and Background Infonnation . Several issues have been reviewed as part of the selection of a generator. The first and most primary use is to service as a backup unit to the sanitary sewer lift stations. As mentioned in the previous report, there have been several instances where power was out simultaneously to several lift stations. Failure to power or pump the lift stations result in a backup of sewage into basements. Having stated that, it would be foolish to pay a "base donar amount" for a trailer and generator package without examining the other applications that become critical during extended power outages. Mr. Pat Lehnherr, Electrical Engineer with Kaeding and Associates, assisted Staff in analyzing the best balance of size, cost and applicability of available generators. Analysis In addition to the sanitary sewer lift stations, Mr. Lehnherr was directed to include sizing for the Amesbury well system as a base unit. This wen is powered from a substation in Deephaven which has been struck by lighting or ice stonns an extraordinary number of times. Outages for this system have been ft ~ . PRINTED ON RECYCLED PAPER .... BeL. 0' Mayor and City Council Portable Generator Expenditure August 18, 1999 Page 2 of4 far more numerous and of greater duration than any of the other water systems. When this occurs, the water supply is depleted for this system within 10 to 15 minutes of the power outage. Residents of the Amesbury Subdivision have voiced their concerns on numerous occasions regarding the number and frequency of the power outages for this wen. Results of the analysis indicated that a 165-kw (kilowatt) generator would be the minimum size required to power the Amesbury well. If wired properly, this single generator will power the sanitary sewer system and the Amesbury well system at separate times. An additional analysis was performed to determine what would be required to support the SE Area well and other critical facilities. The SE Area well is the largest of the wells that the City of Shorewoo. operates for the municipal water supply. The results indicated that a minimuin size generator required for this scenario is a 180-kw unit. Used vs. New Having data in hand, Staff located and obtained quotes for used generators to fit the bill. Due to the heightened awareness of the Y2K issue, most sales consultants informed us that if we found a used generator that meets the various voltage requirements, costs would be 'very close to the price of a new unit. Results of the prices received for the used machines that were available are summarized below: Vendor Caterpillar L~e Rental Sales Dept . Size 200 kilowatts uoted Price $43,000 Comments · 3975 hrs on machine . · Will supply sanitary lifts · Incom atIole volta e for wells · 3925 hrs on machine · Generator located in Fargo NO Butler Machinery Company 200 kilowatts $47,788.00 Prices obtained for used. units appeared to be high. Note that used pricing does not include cables and plugs which run an additional $4,000 to $6,000. Therefore, with the help of Mr. Lehnherr, it was suggested that quotes be obtained for new units as a comparison for a "Base Bid Unit," (to power the sanitary sewer lift stations and the Amesbury well); and a "Bid Alternate" (to upsize the generator to power the SE Area well and other facilities). Specifications were prepared, and quotes were received based upon this recommendation (refer to Attachment 1). '. . . Mayor and City Council Portable Generator Expenditure August 18, 1999 Page 3 of4 Quotes Received are as follows: Vendor Alliance Energy Systems Base Bid $ 38,139.78 Bid Alternate $ 43,039.85 Delive Date 13-15 Weeks Cummins $ 39,350.00 $ 51,199.00 Dec 15, 1999 Ziegler Cat System $ 46,287.00 $ 54,614.00 18 Weeks The quotes received verified what was said, in that the new generators are very close to the used prices. The difference between the Base Bid and the Bid Alternate amount to $4,900.07. Based upon the cost difference for the more versatile machine, Staff is recommending that the Bid Alternate from Alliance Energy Systems be awarded. Generator Surplus and Price Reductions After New Years There have been thoughts that there will be a glut of generators on the market after New Years, and that prices would plummet. However, most firms or even homeowners have to invest substantial dollars to install the hookup hardware to accommodate the generators. For example, part of the fucilities review conducted by Mr. Lehnherr included the South Lake Minnetonka Police Department. This building serves as the official Emergency Operations Center, in the event of a disaster. It was estimated that costs to wire the facility to accept the generator would range between nine thousand and ten thousand dollars. Therefore, it is unlikely that the generators will be sold off after New Years Day, as "the next power outage is just a storm away." Cost Benefit During last summer's super storm, the City of Shorewood was forced into hiring a waste-pumping contractor for a total amount of $8,825 for the three-day event. The City of Shorewood was very fortunate, that Sullivan Utility Services remained in Shorewood as a personal commitment to providing service to the City. Other municipalities were very desperate to obtain hazardous waste contractors willing stay and service the lift stations on an ongoing basis. Failure to be able to pump or power the lift stations certainly would have resulted in damage costs, for just one home, in excess of the cost of a generator. . Mayor and City Council Portable .Generator Expenditure August 18, 1999 Page 4 of4 Being able to provide the backup power would have allowed the Public Works Department to cycle the lift stations, and avoid these charges. Certainly, it is expected that the generator will not only enable the City to provide more reliable service, but also will ultimately more than pay for itself over the life of the piece of equipment. Funding Source and Recommendations The Sanitary Sewer fund has a sufficient balance to accommodate such a purchase. Since the primary use of this equipment is to supply the lift stations, it is recommended that a transfer from the sanitary sewer . fund to the equipment replacement fund be authorized for the purchase, in total. Therefore, Staff is recommending approval of the resolution which awards the contract to Alliance Energy Systems in the amount of $43,039.85 and authorizes the transfer of funds from the sanitary sewer fund to the equipment replacement fund for the purchase of the portable generator. A resolution is attached for your consideration. . Kaeding and Associates, Inc. 7300 France Avenue South Suite 330 Minneapolis, Minnesota 55435 Phone: (612) 831-0317 E-Mail: info@kseding.com Fax: (812) 831-2179 FAX MEiVORANDUM TO: City of Shorewood, lJ'.!innesoUz Attn: Mr.L=y~~#, Patrick Lehnhm #' August 18, 1999 FROM: . DATE: REo' Shorewood, ~Wmnesota Portahle Generator Procll1'ement # PAGES.. 2 Larry, on August 18, 1999 at 2:00 pm, bids were received in our office for the City of Shore wood, Minnesota for the purpose of procuring a portable generator to support the operation of City's lift stations and Amesbtuy Well during utility power outages. . These bids were received in response to a request for proposals dated August 12, 1999 . To summarize, the base bid was for a trailer-mounted engine-generator set, nominally sized at 165 kW, with all configured to operate at 1201240 volt, 3-phase, which is the voltage of the City's lift stations and Amesbury Well. A bid option was requested to provide an additional available voltage of277/480 volt, 3-pbase. This voltage would allow connection to the Southeast Area Well. . Three bids were received, and are snmm$ltized: Base Bid Bid Option A Delive Date \ Alliance Energy ClUIlItIins Zieglu S 38,139.78 S 39,350.00 S 46,287.00 $ 43,039.85 S 51,199.00 $ 54,614.00 13 - 15 weeks ARO December 15, 1999 18 weeksARO " Attachment 1 City of Sltorewood Attn: J\.'1r. Larry Brown August 18, 1999 Page 2 The bidders had the following exceptions to the specification: Alliance EnereY: · No ether start Cummins: · Ether start not included · No shield on exhaust · Delivexy Date (see above) . Ziegler: · Ether start not incLuded. Add S500 to incLude · Delivery Date (see above) Recent bids our firm has seen show that the quotes received for the City of Shorewood generator reflect fair marlcet value. For example, we recently took bids for a 200 kW portable generator with the adjustable voltage (equivalent to Bid Option A) for a low bid of $56,354.30. This unit was provided by Zieg1er~ Based on the quotes received and the deliveIy dates, r recommend that the City of Shorewood enter into agreement with p.. Ilim,ce Energy Systems, T:nc. Note that the agreement should be based on the . August 12, 1999 proposal request, with exception as stated above. Further, I recommend that the City include Bid Option A in the agreement. The marginal cost for this option is $4,900.07, and would allow the City the flexibility of powering the Southeast Area Well, as well other m /480 volt loads. This is a common voltage and could prove useful to the City at other sites. Aftennarlcet addition of this feature can cost as much as $20,000. If you have any questions or comments, please do not hesitate to call. P JL:mj CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR PURCHASE OF A PORTABLE GENERATOR WHEREAS,the 1999- 2003 Capital Improvement Program bas identified the purchase of a portable generator to serve as backup power for sanitary sewer lift sta.tions~ and to address issues related to Y2K; and WHEREAS, the 1999 legislature has provided a procedure for exemption from the uniform municipal contracting law set forth in Minnesota Statute Section 471.345 for purchases or contracts exceeding 25,000 dollars which may be attributed to resolution ofY2K issues; and . WHEREAS~ City of Shorewood has prepared specifications, obtained written proposals, opened proposals on August 18 at 2:00 p.m., tabulated said proposals, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Alliance Energy System has provided the lowest responsible quote in compliance with the specifications. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, ~esota: 1. That the Acting Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract with Alliance Energy Systems, Inc.,. in the name of the City of Shorewood, for purchase of one portable generator, according to the specifications on file in. the office of the City Administrator /Clerk . 2. That the amount of$43,039.85 is hereby authorized to be traIisferred from the Sanitary Sewer Fund to the Equipment Replacement Fund for said purchase. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23M day of August, 1999. A nEST: KRIST! STOVER, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR City of Shorewood Tabulation of Proposals One Portable Generator Proposals Due at : 2:00 P.M. August 18, 1999 Engineer: Kaeding and Assoc. Inc. 1 Alliance Energy Systems, Inc. 2 Cummins North Central, Inc. 3 Ziegler Power Systems 4 Katoli ht x $ 38,139.78 $ 43,039.85 x $ 39,350.00 $ 51,199.00 x $ 46,287.00 $ 54,614.00 . 5 Interstate Detroit Diesel, Inc. 6 7 8 9 10 11 12 13 14 15 ~. I hereby certify that this tabulation is a corred and true representation of the proposals received on this date for the purchase of one portable generator ~~ wrenceBrown, Director of Public Works 8-/8 -9~ Date. Exhibit A . . CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (612) 474~3236 Fax (612) 474~0128 MEMORANDUM TO: FROM: DATE: Mayor and City Council James C. Hurm, City Administrator ~ Larry Brown, Director of Public Wodes August 18, 1999 RE: Consideration of a Motion to Adopt a Resolution Authorizing Expenditure of Funds for Purchase of One Portable Generator This item will be forwarded under separate cover #8D, Communications Committee Meeting Monday, August 16, 1999 5:30 p.m. The meeting was called to order at 5:30 p.m. Present: Councilmembers John Garfunkel and Scott Zerby; and Deputy Clerk Teri Naab Council Chambers AudiolVisual Equipment: The Committee discussed improvements to the video production of the Council meetings. Zerby suggested an overlay piece of equipment to super impose agenda items over the cable cast. Additional training was suggested for staff on the use of the presentation equipment in the Council Chambers. Zerby reported there have been complaints on the audio portion for cable cast and also stated that there have not been wide angle shots of the entire Council during general discussion. This will be relayed to the video specialist. . Municipal Code in HTML on Web Site: Garfunkel stated he felt the addition of the code on the site in HTML would only cater to a small segment of the population and did not feel the benefit to do so would justify the cost. Zerby asked for an electronic copy of the municipal code, and suggested volunteers could be solicited to convert to HTML. It was suggested staff research search capabilities for the site either from Excite, Alta Vista or another provider for non-profit. Zerby suggested the addition of a Gadget to allow on-line chat rooms for visitors. Newsletter: . Zerby suggested the timing of the mailing of the newsletter may be creating a problem. He explained by the time residents receive the newsletter, items included may be history. Staff explained this schedule had been chosen to ensure residents knew in advance of upcoming public hearings at the Planning Commission. Zerby asked that Council be provided with a calendar of events and newsletter deadlines in each Council packet. City Hall Posting: Zerby asked staff to research the option of posting signs on the City Hall sign announcing meetings being held in the evenings. Staff will report back at a later date. The meeting was adjourned at 6:00 p.m. . .. Memo To: City Council From: Kathy Hebert, Sr. Accounting Clerk Date: 08/19/99 Re: Claims Listing Due to the unexpected incapacity of the network this week, I have been unable to process any claims or print any reports. All week we were given the impression that it was temporary and would be restored in time to get a list of claims done. I am still optimistic that I can do this on Friday should the Finance software is up and working. If this is the case, I will mail the list yet this week. If not, the claims list will be considered at your work session Monday, August 30, 1999. If you have any questions, please feel free to contact either AI Rolek or myself. . Page 1