The URL can be used to link to this page

102698 CC Reg AgP . \,. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, OCTOBER 26 1998 S7SS COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Ron Call ) Mayor Dahlberg_ Stover O'Neill Garfunkel ~ Champa _ B. Review Agenda 2. APPROVAL OF MINUTES , 5 3. A. City Council Regular Meeting Minutes October 12,1998 (Att.-#2A Minutes) B. City Council Work Session Meeting Minutes October 12, 1998 (Att.-#2B Minutes) CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: ~ -.- ":: A Motion to Adopt a Resolution Accepting Streets and Utilities - Smithtown Meadows (Att.-#3A Engineer's Memorandum and Proposed Resolution) A Motion to Adopt a Resolution Accepting Streets and Utilities -Marsh Pointe (Att.-#3B Engineer's Memorandum and Proposed Resolution) A Motion to Adopt a Resolution Accepting Bids and Awarding Contract for Emergency Vehicle Pre-emption (EVP) - Highway 7 (Att.-#3C Proposed Resolution) A Motion to Adopt a Resolution Establishing an Absentee Ballot Board to Accept and Reject Absentee Ballots (Att.-#3D Proposed Resolution) E. A Motion to Approve a Sign Pennit for Carlson Travel- Waterford Shopping Center (Att. -#3E Planner's Memoandum) A. ~~. '-;,,;:.. B. , . ~ . C. ; ~ ,,1 '., ,.; ~ j". , l , D. F. A Motion to Adopt a Resolution Ratifying a Modifcation to the Final Plat of Christmas Shore (Att.- #3F Planner's MemorandumlDraft Resolution) NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) .. ',' ~ . .... .... \C 00 " 0\ 0. "e~ ~~ t.'!i~ > ~ > <i\:d\:d ~ N"C"C ~ N e 0 ~ lo~~ z ~ ?! 0 <i~ N~ d C/) Z t"'lt"'l~ <> ~> Z e3~ ~ g g' 2.g ftl ~ ~ ____ZZ..., ~~d ,-,0 "0 ~ l:l ..., 0 ..., ~~ZO ~=[>8 QS ~ >0"" ~ t:j ::4 ~' .., '-4 ~ 0 ftl ..... Z tz:l 0 ~ " l;!j 0 Z t::'. (5' F t:l 9:> 'C ~~O ..... c::r' ~ \C~ .. ..... -...) G ..... ~ ftl ..ton n~ ~> ""'l ~ ..., < \:doo C/) ..... ~~ c::r' - 2.. tf.) ~~Q> ~~~~ ~ 0 ..., ~ ~~ ~ 0 > "g.Zoo ~g~ i " - .., ....~ m "e t"'l ~ ~ ~~<i0 ~t:lG8 ~ > ""'l t:'0 00 = ~ ~ sa l:l~0"" ~ ;S. tn- 4' ~ ., >d ~ S- a:: ~ Cf} a:: G n> 0 C! tz:l ~~Z~ <' G~ n ~ <iZ - tz:l ~. ~\:d...,0 (D ~ .... \:d ~ "e G 8 ~ = ~O < 0 g.tz:l>Z ~ - ~ - ...,t"'l I. 0\ g. tz:l Z ...,~tz:l O~ Cf} 'C e~ ~ Cf} \C a=~z I-i', - tz:l~ ~ ~ G ~ n ~ ~tz:l~ ~ 0 t:j\:d tf.) ...,t:j !:t. l:l ---- "e >::3 ~ > ~== QQ e. Zo ---- .... t:j>> ~ > r+ n I <<z ~. ;:z ::t:. '*l: ~tz:l~ l:l ~ - l;!jzt:j QQ g \:dO - $:l) '-' ~..tf.) Cf} ~~ t:l tf.)..., C/) ---- G ~ .~ g, 0 g. == ~ ~ l;!j po; > 1It~. 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 Executive Summary Shorewood City Council Meeting Monday, October 26, 1998 .\ Agenda Item #3A: This resolution accepts the utilities and streets within the Smithown Meadows Subdivision. Staff is recommending approval of this resolution. ~~' ; . r'! I ), . . ." .;/ ;~j ~~ :~1 "~ Agenda Item #3B: This resolution accepts the streets within the Marsh Pointe Subdivision. The utilities have already been accepted by the City under a separate resolution. Staff is recommending approval of this resolution. Agenda Item #3C: This resolution accepts the bids and awards the contract for installation of Emergency Vehicle Preemption Devices at the intersections of County Road 19 and Old market Road with Trunk Highway 7. State Aid Funding will be utilized for this project. The low bid provided by Collins Electrical Systems, Inc. of $13,800 is under the engineer's estimate of $18,000. Staff is recommending approval of the resolution. Agenda Item #3D: Other cities have found that a significant number of absentee ballots have'hadto be rejected because the voter or witness do not carefully and fully comply with requirements. Because it is important that every resident have equal opportunity to vote, we are asking the City Council to establish an Absentee Ballot Board which will be made up of two election judges. The Board will immediately begin reviewing absentee ballots envelopes and contacting the voters immediately advising them that their ballot will not be counted and giving them instructions so that their new ballot can be counted. This resolution establishes the board. Agenda Item #3E: Waterford Shopping Center's newest tenant, Carlson Travel, is requesting approval of a sign permit for their business. The proposed signage is consistent with previous approvals for the Center. Approval requires a simple majority vote by the Council. Agenda Item #3F: Hennepin County has requested a modification to the recently approved final plat for Christmas Shore. Briefly, the change involves platting an area previously shown as an easement into an outlot. The outlot contains the driveway for the Merry Lane Public Access to Christmas Lake. The developer will deed the outlot to the City of Shorewood which gives the City a greater interest in the land than the easement did. Approval of this resolution requires a simple majority vote by the Council. Agenda Item #5: The draft of the Park Commission minutes are not available for the packet and hopefully will be passed out at the meeting on Monday evening. ,.~ PRINTED ON RECYCLED PAPER ... . . Executive Summary for Council Meeting September 28, 1998 Page 2 of 2 Agenda Item #6: At this point in the meeting, the public will be given opportunity to speak on the City Council consideration of purchasing land adjacent to Freeman Park at 25720 Highway 7. Following public input, the Council should discuss the issue and give staff direction. Agenda Item #7 A: Mter many months of study and a public hearing, the Planning Commission has recommended a draft ordinance relating to telecommunications facilities. As you are aware there is currently a moratorium on applications for such faclities which expires at the end of October. Hopefully, any issues the Council may have will be addressed at the 22 October study session. Adoption of this ordinance requires a four-fifths vote by the City Council. Agenda Item #7B: Kirk Davis has requested a fourteen-foot setback variance to build a room addition at the rear of his home at 5935 Seamans Drive. After considerable discussion the Planning Commission agreed, on a two to one vote, to recommend in favor of the variance, subject to the recommendations of the Planning Director. The motion was followed by direction to staff to schedule a study session relative to rear yard setback requirements. Approval of the variance requires a four-fifths vote by the Council. Agenda Item #8: Enclosed in the packet is a resolution from the City of Deephaven, which is quite different than the resolution passed by the City of Shorewood, asking for the establishment of a Committee to review issues regarding the Excelsior Fire Department. The Council should discuss the differences and give direction to staff on what to communicate on the proposed changes, CITY OF SHOREWOOD CITY COUNCIL MEETING MONDA Y, OCTOBER 12, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE CITY COUNCIL MEETING DRAfl 1 . Mayor Pro-Tern Stover called the meeting to order at 7:00 p.m. A. Roll Call Present: Councilmembers Stover, O'Neill, Garfunkel and Champa; City Administrator Hurm; City Attorney Dean; City Engineer Brown Absent: Mayor Dahlberg B. Review Agenda . Mayor Pro Tern Stover read the Agenda for October 12, 1998. Hurm stated that item 5 would be removed. The agenda was accepted as amended. 2. APPRO V AL OF MINUTES . A . City Council Work Session Meeting Minutes . September 21, 1998 Garfunkel moved, Champa seconded approving the City Council Work Session Meeting Minutes of September 21, 1998, as presented. The motion passed 3/0. (Stover abstained). B . City Council Regular Meeting Minutes . September 28, 1998 Champa moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of September 28, 1998, as amended on Page 4, under Item #9, should read, "Stover stated that she would like to see the use of snowmobiles removed from the trails..." The motion passed 4/0. C. City Council Work Session Meeting Minutes. September 28, 1998 Champa moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of September 28, 1998, as amended on Page 1, Paragraph 4 under Item #2, should read, "Stover stated that she is in favor of considering the land purchase but that the City thoroughly examine this matter..." The motion passed 4/0. 3 . MA TTERS FROM THE FLOOR There were none at this time. #211- CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 12, 1998 . PAGE 2 4. PRESENTATION BY BOB GAGNE ON FRIEND'S OF SOUTHSHORE CENTER ANNUAL REPORT Bob Gagne reviewed the Friend's of Southshore Center's annual report and forecast for 1999 with the Council. He asked that the City give a copy of this report to other cities involved. Administrator Hurm asked Mr. Gagne to summarize his first year of rental to the Council. Mr. Gagne stated that the first year was a struggle but with one year's experience, they are growing to understand the activity of rental businesses and that word is getting out about the facility. 5. PRESENTATION BY MINNETONKA SCHOOL DISTRICT REGARDING STRATEGIC PLANNING Mike Lovett, Assistant Superintendent of the Minnetonka School District, presented the Council with a video regarding the district's mission and strategic planning goals. He thanked the Council for allowing him to be present and allowing him to explain the strategic planning process that the school district is taking on. He encouraged the Council be active participants with the school . district and the community. 7 . PLANNING . Report by Representative Commissioner Anderson reported on the matters considered and the actions taken by the Planning Commission at their October 6,1998 meeting (as detailed in the minutes of the meeting). 8. ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring City Engineer Brown stated that Strawberry Lane has been paved. He stated that at the next Council meeting, they will be asked to accept the improvements. 9. MAYOR AND CITY COUNCIL REPORTS Report on Work Session Held September 28, 1998 Option to Purchase Property Administrator Hurm reviewed with the Council the location of the land as. being east of the little league field in Freeman Park. He stated that the he checked with the owner's attorney and that they are not interested in paying for an appraisal. Administrator Hurm stated that this item will be on the agenda at the end of October for public comment. . . Stover moved to televise the work session meeting. There was no second. . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 12, 1998 - PAGE 3 10. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the regular meeting to a work session at 7 :37 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ATTEST: TOM DAHLBERG~ MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MONDA Y, OCTOBER 12, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD IMMEDIA TEL Y FOLLOWING REGULAR MEETING MINUTES 1 . CONVENE CITY COUNCIL WORK SESSION Mayor Pro Tern Stover called the meeting to order at 7:37 p.m. DRAfT A. Roll Call Present: Councilmembers Stover, O'Neill, Garfunkel and Champa; AdministJ Larry Brown. Mayor Dahlberg. Absent: B. Review Agenda Mayor Pro Tern Stover read the Agenda for October 12, 1998. The agenda was accepted as presented. . 2. DISCUSSION OF THE CONCEPT OF THE CITY PURCHASING LAND - 25720 HIGHWAY 7 . Administrator Hurm reviewed the updated financial information with the Council. He provided the Council with several options for the purchasing of the land at 25720 Highway 7 through the general fund and the payback implications. He informed the Council on the rental and revenue options available to the City that could arise from the land purchase. Garfunkel asked if Eagle Crest is still a viable purchaser of this land. Attorney Dean stated that they are and that the cancellation process for them needs to begin. He informed the Council that if the City does begin the purchasing process by taking action, the owner of the land will begin the cancellation process with Eagle Crest. Stover questioned the sports organization's desire to purchase the land. Administrator Hurm stated that the these organizations are looking for the City to purchase the land. He noted that the organizations are willing to develop the land after it is purchasaed. Stover stated that she is concerned about the price of this land for the City. Bob Gagne, 24850 Amlee Road, stated that he felt that the funding for this purchase should not be taken from the general fund due to the interest impacts that it will have on the taxpayers. 3. ADJOURNMENT O'Neill moved, Champa seconded adjourning the work session at 7:51 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #2B .. . MEMORANDUM 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 TO: Mayor and City Council James Hurm, City Administrator LanyBrown, Director of Public Works J}Y;/ FROM: DATE: October 22, 1998 RE: Consideration of a Motion to Adopt a Resolution Accepting Streets and Utilities for the Smithtown Meadows Subdivision The Developers Engineer has certified to the City of Shorewood that the improvements for the Smithtown Meadows subdivision have been completed in' accordance with the approved plans and specifications. Staff has reviewed the project and recommends that the City of Shorewood accept the streets and utilities for the City's perpetual maintenance, subject to the developer supplying the City with the appropriate warranty bonds for the street and utilities. . A resolution is attached for your consideration A Residential Community on Lake Minnetonka's South Shore 3tl ... . CITY OF SHOREWOOD RESOLUTION NO. 98-_ A RESOLUTION ACCEPTING STREETS, SANITARY SEWER, STORM SEWER, AND WATERMAIN IN THE PLAT OF SMITHTOWN MEADOWS WHEREAS, on October 9, 1995, the City of Shore wood entered into an Agreement with Abingdon Development Corporation, for the development of certain property known as Smithtown Meadows; and . WHEREAS, Paragraph 2, of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plat of said property, which improvements included street grading, stabilizing, and bituminous surfacing, concrete surmountable curbs and gutters, sanitary sewer mains and laterals, storm sewer and surface water drainage facilities, watermains and service connections, street signs and traffic control signs and required landscaping; and WHEREAS, Paragraph 5, of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, Paragraph 17, of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and . WHEREAS, the Developer has completed construction and installation of the street grading, stabilizing, and bituminous surfacing, concrete surmountable curbs and gutters, sanitary sewer mains and laterals, storm sewer and surface water drainage facilities, watermains and service connections, street signs and traffic control signs and required landscaping, and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications, and WHEREAS, the Developer is desirous of conveying said improvements to the City, and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer the streets, bituminous surfacing, concrete surmountable curbs and gutters, sanitary sewer mains, storm sewer and surface water drainage facilities, watermains, street signs and traffic control signs. 2. That the Developer shall cause a maintenance bond to be furnished naming the City as obligee for the full cost of the final lift of bituminous asphalt, to be in effect for a period of one year from the date of acceptance hereof. 3. That the Peveloper shall provide the City a VHS televised inspection of all sanitary sewer lines within a period of thirty (30) days prior to the expiration of said one year period. 4. That the Developer shall provide the City with a $500.00 security prior to release of the current security agreements with the City, until such time as said VHS televised inspection tape has been delivered to the City Engineer. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 26th day of October, 1998. . Tom Dahlberg, Mayor ATTEST: . James C. Hurm, City Administrator ~ '......' . . MEMORANDUM -CITY OF S.HQREWQQD 5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net TO: Mayor and City Council James Hurm, City Administrator FROM: DATE: RE: Consideration of a Motion to Adopt aResolution Accepting Streets for the Marsh Pointe Subdivision The Developers Engineer has certified to the City of Shorewood that the roadway improvrnents for the Marsh Pointe subdivision have been completed in accordance with the approved plans and specifications. Utilities were previoulsy accepted by separate Resolution 98-12 on February 9, 1998. Staff has reviewed the project and recommends that the City of Shorewood accept the streets for the City's perpetual maintenance, subject to the developer supplying the City with the appropriate warranty r '~, "~ bonds for the street. A resolution is attached for your consideration A Residential Community on Lake Minnetonka's South Shore 3b CITY OF SHOREWOOD RESOLUTION NO. 98-_ A RESOLUTION ACCEPTING THE STREETS IN THE PLAT OF MARSH POINTE WHEREAS, on November 25, 1996, the City of Shore wood entered into an Agreement with Lundgren Bros. Construction Inc. for the development of certain property known as Marsh Pointe; and . WHEREAS, Paragraph 2, of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plat of said property, which improvements included street grading, stabilizing, and bituminous surfacing, concrete surmountable curbs and gutters, sanitary sewer mains and laterals, storm sewer and surface water drainage facilities, watermains and service connections, street signs and traffic control signs and required landscaping; and WHEREAS, Paragraph 5, of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, Paragraph 17, of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and . WHEREAS, the sanitary sewer mains and laterals, storm sewer and surface water drainage facilities, watermains and service connections were previoulsy accepted by the City of Shorewood by Resolution 98-012 on February 9, 1998; and WHEREAS, the Developer has completed construction and installation of the street grading, stabilizing, and bituminous surfacing, concrete surmountable curbs and gutters, street signs and traffic control signs and required landscaping, and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications, and WHEREAS, the Developer is desirous of conveying said improvements to the City, and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer the streets, bituminous surfacing, concrete surmountable curbs and gutters, street signs and traffic control signs. 2. That the Developer shall cause a maintenance bond to be furnished naming the City as obligee for the full cost of the ~nallift of bituminous asphalt, to be in effect for a period of two years from the date of acceptance hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of October, 1998. . Tom Dahlberg, Mayor ATTEST: 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.netlshorewood . cityhal1@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator ~~ FROM: Larry Brown, Director of Public Works DATE: October 22, 1998 RE: Consideration ofa Motion to Accept Bids and Award Contract for the Trunk Highway 7 Emergency Vehicle Preemption Project. Attachment 1 is the bid tabulation, prepared by WSB and Associates, Inc. for the Emergency Vehicle Preemption Devices Project for the intersections of County Road 19 and Old Market Road, with Trunk Highway 7. The low bid amount for the project is $13,800 submitted by Collins Electrical Systems, Inc.. The engineer's estimate amount is $18,000. Collins Electrical Systems, Inc. is known to be a reputable contractor for this type of construction. Municipal State Aid funds will be used for construction of this project. Any minor items not eligible for state aid funding will be funded through the local roadway fund. It is anticipated that any items which are not eligible, would equate to a minimal amount. Therefore, Staffis recommending acceptance of the bids and award of the contract to Collins Electrical Systems, Inc. in the amount of $13,800. A resolution is attached for your consideration. A Residential Community on Lake Minnetonka's South Shore 3c. ... ~ CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE INSTALLATION OF EMERGENCY VEHICLE PREEMPTION DEVICES, CITY PROJECT 98-02 WHEREAS, pursuant to an advertisement for bids for local improvements designated as Installation of Emergency Vehicle Preemption Devices, City Project 98-02, bids were received, opened on October 21, 1998 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 Collins Electrical Systems Inc., is the lowest 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. Collins Electrical Systems Inc., in the name of the City of Shorewood, Project No. 98-02, 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 and directed to return forthwith to all the bidders the deposits made with their bids, except for the deposits of the successful bidder and the next lowest bidder, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October, 1998. . ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ( . . Trunk Highway 7 at Old 111arket Road and CSAH 19 Emergency Vehicle Preemption Systems City Project No. 98-02 S.A.P. 216-111-03 (Old Market Road) S.A.P. 216-020-01 (CSAH 19) S.A.P. 216-010-03 (TH 7) City of Shorewood, MN Bids Opened: 10:00 a.ni. WSB & Associates, Inc. October 21,1998 Project No. 1119.00 Contractor Bid Security Total Bid Collins Electrical Systems, Inc. X $13,800 Electric Service Co. X $14,745 Electrical Installation and Maintenance Co. X $15,904 $ $ $ $ $ $ $ $ $ . $ Engineer's Estimate 518,000.00 I hereby certify that this is a true and correct tabulation of the bids as received 14~~.~. OZ4~ q...... / City Engineer Theresa Naab, Deputy Clerk * Denotes corrected figure iI'~ I .r Exhibit A , 1 i I J'. r i ;. 1;.",:" .,,' Extension of Bids 1;j!\"0;1';'0;lttr~~.itflNJ~~~ltl{,f!Z1':1;,lj;::1i101j1!;1lfi.~.~;!i.l!;j_~m~N' WSB Project: Trunk Highway 7 at Old Market Road & CSAH 19 Emergency Vehicle Preemption Services Project Location: City of Shorewood, Project No. 98-02 S.A.P. 216-111~02 (Old Market Road S.A.P. 216-020-01 (CSAH 19) S.A.P. 216-010-03 (TH 7) S.P. 2706-198 (TH 7) Line No, Item Number Description Unit Esitmated Ouantity Checked by: Date: Cost Opinion 18,000.00 Cost Opinion Unit Estimated Price Cost N, Marshall October 21, 1998 Low Bidder 13,800.00 2nd Low Bidder 15,904.00 Collins Elec Systems Ine ~lectrieallnstalJation & Mai Unit Unit Price Cost Price Cost t - 1 1----- 2 - --.. ...,-,-- -----,-- 2565,601 EMERGENCY VEHICLE PREEMPTION SYSTEM A 2565,601 EMERGENCY VEHICLE PREEMPTION SYSTEM B ----.- ~---- -----r------- LS 1,00 $6,000,00 $6,000,00 LS 1.00 $12,000,00 $12,000,00 $18,000,00 5,500.00 8,300,00 Total . Bidlab Paqe 1 of 1 . -- $5,500,00 $8,300,00 $13,800,00 r-----.--- ---- 7,852,00 $7,852,00 8,052,00 $8,052,00 $15,904,00 3rd Low Bidder 14,745.00 Electric Service Co Unit Price Cost $5,910,00 $8,835,00 $5,910,00 -,.-,-~ $8,835,00 $14,745,00 .. CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE 1998 GENERAL ELECTION WHEREAS, the City Hall serves as an absentee ballot center for the residents of Shorewood; and WHEREAS, State Statute Section 206.85, Subd. 2 provides that an absentee ballot board may be established by the City Council to facilitate the absentee process for an upcoming election. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council hereby establishes an absentee ballot board to do any of the following: . A. Absentee ballot board members are authorized to receive, examine, validate absentee ballots. This process of examining the return envelopes and marking them "accepted" or rejected" may begin at any time during the 30 days before the election. B. If an envelope has been rejected at least 5 days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. FURTHER BE IT RESOLVED by the Shorewood City Council that: A. A Board of two election judges shall be appointed by the Deputy Clerk. B . Absentee ballot board members shall be compensated at the same rate as an election judge for their services. . ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of October, 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 1F3D . 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 . FROM: Brad Nielsen DATE: 22 October 1998 RE: Sign Permit - Carlson Travel (Waterford Shopping Center) FILE NO. 405 (Sign Permits) . A LaPointe Signs, on behalf of Carlson Travel, has requested a sign permit for the Waterford Shopping Center (see Exhibit A). The sign consists of individual, internally lit letters as shown on Exhibit A, attached. Consistent with the previously approved overall signage plan for the center, the sign will be located within the designated signage band across the front of the building. They would also like to add their name to the space available on the existing pylon sign, as shown on Exhibit B. The plan is consistent with previous approvals and it is recommended that the permit be granted. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Jim Hurm Ed Doucet 3,E, lY;~ PRINTED ON RECYCLED PAPER ... u.u.________. Jr- 1 -'\ '----~ rn ~ :;r- -~ U- - .. +- .l> C oj l --~ ~ C-:--.J '1 r~---~~) lJ~\ ~ . - 'II ,,( Y ..,- /'Z (>741 C /I rJ it:. - r:. Tc:".t~ -f IZ eel FI9c.ti,J ,. .f)....,....';J-JC,4f1 t::>,lt-d' , "'- . 11/ I- I.f ,~ "I n, , /9 ,.; Jf' It. X (C~~lIr n ~cn)rrn W~ ~(Q)TTIl n TIU 1fWq]I\V(P?1l ~__ ._... (:'j \7 I _ '_ el" l'hiJLjr'{.P rt.:J:>'i/c- t.c TT.;'It'..s 'fo J:)c- ;~Jrn ~(..,'"..o ,CJLO,v SlfrV e/JJ..-::-P !J p,..""l . t-" ~ :::J- - " t>- :::\,," ..-,..,- tJ~ -.... r-> "" ~:L ~~ ~::> ,~ ~ '" .:> ~c_ ............ ,~ , --. ,\ V ~~~,' . r-1\ -', 'j--', . ... ..- ;\ $:I '- j\) Y--. ~ . 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 FROM: Brad Nielsen DA TE: 22 October 1998 RE: Christmas Shore - Revised Final Plat FILE NO. 405 (98.08) At its 28 September meeting the City Council approved the final plat for Christmas Shore. The plat included an easement for the driveway to the Merry Lake Public Access. Hennepin County is unwilling to accept the plat with this easement on it. Staff has suggested that the easement area be platted as an outlot (Outlot B), and the developer has agreed to deed the outlot to the City. In the end the City ends up with a fee interest versus . an easement, amounting to greater control for the City. The attached resolution simply approves the revised plat. If you have any questions relative to this matter, please call me prior to Monday night's meeting. cc: Jim Hurm John Dean Larry Brown Keith Waters 5#F: ~'\ ?RINTED ON RECYCLED ':'?ER .. ,_~' 0'# ~,~b_~ . :4. f..J (. " .. 'c-r ~~\ l~.~;.!.-^ Ir/ ,"~ " 4' ~, '\, CV . ' .4v~ 0 . ~'l '\.t. 1"'1 : ., . \i 'Il . '. . '" ,..,. oJ '" '; ,,\ -: ~ 0 " ,I." " ' UO' 0,. Z ,.\' . .. ,'., . V". · : ..,," ',. .) , .. .~' l) . / ~ ;p ... "" l 0- C) ~ 0- ...-t- C1 ..,'/ .,1. \. 'l"/ " +,t.p /()l / ~. ~, I,) '..)1)' ~)'. , . ."'Z\ "'" ( 'J ...... '. .. " x .... ./ \ r!I/~ ~ .) ... ... " Ul '. ( l \ fl." .. )~"'4 l~1 <' / ,}.1 ' (,~) '.' \ 'u '(' ~-,/ ~.)~> ~{.."" " ( ) I'i , ,,. " II " "\:1, "".'" , ....:'...!.,. ,Sf)' "- - -/ " ...," " .~ ( ~':J' 0' .p. ;, '{' '., ,/ ::'{~ '" ,[;,' ~ ~ij '. ',.. '\,' '1' ,.,", ,,'" / ~ ,/~d'" .,. .j "",~ / . 'oil " ,.^," '/;, 't.t,. (.,_H'l}']I!" tO~"'/ ./ .' . ~ r;~~j-- ~~~.....~ . d'l /.'t>~'" .------.......,J LI..l ~ ,':r .~/. 'I" to...' ,.. ,;" ,,) / ,> ' \ ' ,,' . 1\' __A / L ::! (~'. . '\i;< ,~~ . ~.,-S'. () ,p -.: 1,.:1 \. ,~. . ~/~"ll" ... .-' . . . . 'i "'... ~ I "I.", . v" . ..Ul,.rl ",'6, \ . ,"'. ,,~',.. . .JI:....'.. r".. \ ~3 .}..'" ;~. ..:.... \ ,,\ ~ . ,< . 6' y;. . .l. \ .j" ," N \~. (__.t \ \ ...' j I \ 'i \ ,'. ~, '.' \ \ I'.l \. \ c '\Z ",\ 1;)1 \~.. t~.\ ~ '" \ \I~ (7\\ (y,' ,..... L..t \ '";). \1'1 ~- ,', \ -- 4- --" SUHVE Y UtlE' S~~5'lt."E 220 ~~- ,;r-i'~ .' = 5,-:" " ", ~. . "t. ~) \ ... .......~"r ..p'" -,.",. / ,,' c ' , '?)./~' . ,~ _",1-'1'" '/ o'Y. ':,...'.. ~,. , .," ,j'~, ~.:/. I,\. ')'Y(..." / I' I I I , , I I I .J I /1 I I' I I / -., 3)1\''1 SV Yl ,/, S nIlI :J / . . , I':', , "1 )> -,'7 -' . c- c..1 .....~ -\ ( 'J ; '\ \ /.... ( :.\ 1..:\ '- . (s\ c.-J ....~ t:. , I f)!)! IlIu: l;l "._._..~__. .~;d"':1 \. I ot .~ . ^,~:.I '"n" ,,' ----.'-.---. ' .w" I,..,(J . 't '}' ~ '. ~'L:I; e, .... ; ( -) :; I ~ - )~. I ~p ,~-' .. .".~_ . h'JG. 2 j. j~I.i "t' III, - ~ .~ jd ~i .- . 1 t (i \ . . \ ., ~~. ,'~ ~.... (~I' (' ./. " " c. :'! , c, , . '. '> " /:/ i.. 'J"., , ....f..' " I , '. I(U 1 I fn...l ,,"t' , .)1.:.; .~.) .. CITY OF SHOREWOOD RESOLUTION NO, 98- A RESOLUTION RATIFYING A MODIFICATION TO THE FINAL PLAT OF CHRISTMAS SHORE WHEREAS. the final plat of Christmas Shore was approved by the City Council on 28 September 1998; and WHEREAS, the Hennepin County Surveyor has requested a modification of the plat, creating an Outlot B, to be conveyed to the City of Shorewood; and WHEREAS, said Outlot B contains the driveway for the Merry Lake Public Access to Christmas Lake and the Developer of Christmas Shore has agreed to deed Outlot B to the City of Shorewood; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the modification to the [mal plat of Christmas Shore is hereby approved. 2. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the modified plat on behalf of the City CounciL BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of October 1998, . Tom Dahlberg, Mayor ATTEST: James C. Rurm, City Administrator/Clerk J- . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 6, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :00 p.m. ROLL CALL Present: Chair: Borkon; Commissioners Anderson, Bailey, and Callies; Planning Director Nielsen; City Engineer Brown; and Council Liaison O'Neill Absent: Commissioner Collins. APPROVAL OF MINUTES Planning Commission Minutes - September 16, 1998 Anderson moved, Callies seconded approving the Planning Commission Minutes of September 16, 1998, as amended on Page 2, Paragraph 2, Sentence 3 to read Callies stated that it does not appear to be a recreational structure because of the potential noise, and Page 4, Paragraph 6, strike out the last sentence of the paragraph. Motion passed 3/0. (Bailey Abstain). Chair Borkon stated that agenda items #3 and #4 will be reviewed at the Study Session on October 20, 1998 due to the fact that these items are in the process of being completed. The agenda was approved as amended. 1. 7:00 P.M. PUBLIC HEARING - REAR YARD SETBACK VARIANCE Applicant: Location: Kirk Davis 5935 Seamans Drive Planning Director Nielsen reviewed the rear yard setback for this hearing. He stated that the applicant is requesting a variance to build an addition on his house in the R-IA zoning district and would require a 16 feet variance. Nielsen recommended approval of the rear yard setback variance of 14 feet to conform to the average setback established by buildings on the two adjoining lots. Mr. Davis stated that he is in favor of this and will abide by the change. Chair Borkon opened the public hearing at 7:15 p.m. Hearing no further public testimony, the public hearing was closed at 7:15 p.m. ~ PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 2 Anderson stated that he felt this variance was reasonable and was encouraged that both parties agree. Bailey questioned the logic of the averaging of the rear yard setback and asked if this was due to the fact the applicant abuts the golf course. Nielsen stated that the golf course is a factor but that the average setback is a policy that is used when properties abut lakeshore. He stated that the boundary discrepancy is a factor, as well. Nielsen stated that a hardship for the applicant stems from the boundary discrepancy and the fact that the house sits 54 feet from the rear boundary line. Bailey stated that he feels the applicant should be granted the full 16 foot variance. Chair Borkon agreed with Bailey on the full 16 foot variance due to the discrepancy. Callies asked if the applicant purchased the home knowing the location of the rear yard line. The applicant stated that the rear yard line was in question at the time of purchase. Chair Borkon stated that she would like to know if the closing was contingent on the location. She asked that staff research this issue to prove hardship. . Callies moved, Bailey seconded to approve the variance for a rear yard setback for Kirk Davis at 5935 Seamans Drive for discussion. Bailey asked if abutting a non-residential property calls for different circumstances. Nielsen stated that this is not the case, but due to the various factors in this case, the effects would be minimal. Motion failed 1/3. (Anderson, Bailey and Borkon opposed). Bailey moved, Anderson seconded to table the variance for a rear yard setback for Kirk Davis at 5935 Seamans Drive to allow staff to gain information on the closing of the property. Motion passed 3/1. (Callies opposed). Nielsen explained this matter will come back to the Planning Commission for their review and consideration on Tuesday, October 20, 1998. . 2. 7:15 P.M. PUBLIC HEARING - TELECOMMUNICATIONS ORDINANCE Planning Director Nielsen reviewed with the Commission the factors behind this ordinance for the City. He explained that this Ordinance would limit the location of towers and facilities by zoning districts and sets standards while complying with the Telecommunications Act. Nielsen reviewed the changes to the draft ordinance as suggested by the City's Telecommunications Consultant, Mr. tJarrett Lysiak. Nielsen stated that he is looking for the Commission's recommendation for an October City Council review. Chair Borkon opened the public hearing at 8:07 p.m. Peter Beck, 160 South Fifth Street with AT&T Wireless Services, stated that his company is involved in this process and is working with the City on this issue for the southwestern suburbs. He reviewed several comments and concerns that his company has with the City. He stated concerns about the City's availability of land space and the number of user's per pole. <. .. PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 3 Discussion was held on the number of free standing towers and the height desired in the City. Anderson stated that he would like to see a maximum height be set to provide of the maximum use per pole, thus limiting the number of poles in the City. Mr. Lysiak explained the reasoning for the number of users per pole and the benefits for the City and stated that the heights of towers is coming down. Mr. Beck commented on the 125 feet height limit. He stated that this could limit the number of co-location towers in the City. He encouraged the Planning Commission to change this to 150 feet. Mr. Beck added that he feels the search radius should be limited to one mile. . Mr. Beck continued by questioning the conditional use permitting process of additional capacity on towers. He stated that the City may just want to consider the co-user be forced to look here first. Mr. Lysiak encouraged the City to not change this process, because then the City will not be notified of the change. City Engineer Brown stated that this process in place allows the City to maintain the conditional use permit process and look for alternatives as an option. Mr. Beck stated a strong concern regarding the new language regarding the inspection progress, stating that this was to be left up to the FCC. Jim Strommen, City Attorney, stated that the FCC does set standards but stated that the City can monitor the towers in that they comply with the statute. Mr. Lysiak stated that the City is concerned with radiation standards and not emissions or interference. Chris Lizee, 27055 Smithtown Road, asked for clarification on several points in the ordinance. She asked that a change be made to the Ordinance with regard to the residential zoning districts. Nielsen explained that this wording is used to permit tower usage on the water tower sites. . Hearing no further public testimony, Anderson moved, Bailey seconded closing the public hearing at 9:00 p.m. Motion passed 4/0. The Commission agreed to a final review of this Ordinance at their October 20, 1998 meeting due to the number of revisions. Callies found that this was redundant due the to length of time the Commission is spending reviewing the Ordinance. Chair Borkon questioned the radius search distance for the tower structures. Mr. Lysiak stated that he would be comfortable with the one mile radius change. Mr. Lysiak explained that the five mile radius is not realistic because many times the sites that the applicant has chosen is only within 1/2 mile to 1 mile for the area they need to serve for capacity and coverage. Chair Borkon asked if this radius could be increased at all in the future. Mr. Lysiak stated that by widening this radius it opens the range of towers that are looked at. Bailey stated that jumping through hoops is not the City's purpose on this and that he didn't see the reasoning for this. He agreed with the one mile radius, along with Callies. Anderson stated that he is concerned about not leaving City limits for the search. Chair Borkon stated that she is comfortable with the mile radius as is the majority of the Commission. .. ... PLANNING COMMISSION WORK SESSION MINUTES OCTOBER 6,1998 - PAGE 4 Chair Borkon asked what height requirements Mr. Lysiak recommended. Mr. Lysiak stated that 125 feet is adequate and that he does foresee this dropping in the future. Commission concurred that the 125 feet will be the height limit. Chair Borkon questioned the conditional use permitting process versus permitted uses for towers. Bailey stated that he would like to see the uses conditional and not be stated as permitted uses within the City. The Commission agreed on removing the Other Telecommunications Facilities of towers on existing structures of 50 feet in height from the Ordinance. Chair Borkon questioned the FCC regulations as set forth in the Ordinance regarding inspections. The Commission agreed to the comments as suggested by Mr. Lysiak to change emission to radiation. The Commission reviewed the telecommunications definitions and noted agreed upon changes to Staff. . Nielsen was advised to revise the Telecommunications Ordinance and bring this back for the Planning Commission to review at their October 20, 1998 meeting for recommendation to the Council. 3. MATTERS FROM TO THE FLOOR - None. There were none at this time. 4. REPORTS Nielsen reported on a letter he received from Mr. Ron Johnson. He stated that Mr. Johnson has a 20 acre site and would like to build and accessory structure on this piece of land. Nielsen explained that City Ordinance does not allow for accessory structures on land without a PrinCiPle. structure. He informed the Commission that this is for their information and that their is no formal action at this time. Bailey stated that he would be absent on November 4, 1998 and he is the designated liaison to Council for that meeting. It was noted that a change will be made in the schedule. Anderson stated that he would change with Bailey on this. 5. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting. Meeting adjourned at 10:04 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver OJ.f.Site Secretarial, Inc. ... ORDINANCE NO. 98 . AN ORDINANCE RELATING TO ZONING: TELECOMMUNICATIONS TOWERS AND FACILITIES; AMENDING CHAPTER 1201.03 OF THE CITY CODE RELATING . TO TELECOMMUNICA TION FACILITIES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Section 1201.02 Subd. 1. of the Shorewood City Code is hereby amended to add: "ANTENNA SUPPORT STRUCTURE: A building, water tower, or other structure, except a tower, which can be used for location of telecommunications facilities." Section 2: Section 1201.02 Subd. 5. of the Shorewood City Code is hereby amended to add: . "ENGINEER: A registered professional engineer licensed by the state of Minnesota." Section 3: Section 1201.02 Subd. 19. of the Shorewood City Code is hereby amended to add: "STEALTH FACILITY: Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to appear other than as a tower such as light poles, power poles, and trees." Section 4: Section 1201.02 Subd. 20. of the Shorewood City Code is hereby amended to add: . "TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include: a. A satellite earth station antenna two meters in diameter or less, located in a C-3 or C-4 zoning district; b. A satellite earth station antenna one meter in diameter or less, wherever located. TELECOMMUNICATIONS TOWER (OR TOWER): A self-supporting la~ice, guyed, or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. TOWER HEIGHT: The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities." 10/8/98 #7A Section 5: 10/8/98 ". Section 1201.03 of the Shorewood City Code is hereby amended to add: "Subd. 21.Telecommunications Towers and Facilities. a. Purpose: The general purpose of this Subdivision is to regulate the placement, construction and modification of telecommunications towers and facilities in order to protect the health, safety and welfare of the public,while complying with the provisions of the Federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. The specific purposes of this Subdivision are: (1) facilities. To regulate the location of telecommunications towers and (2) To protect residential areas and land uses from potential adverse impacts of telecommunications towers and facilities; (3) To minimize any adverse impacts of telecommunications towers . and facilities through design, siting, landscaping, and innovative camouflaging techniques; (4) To promote and encourage shared use and co-location of telecommunications towers and antenna support structures; (5) To avoid damage to adjacent properties caused by telecommunications towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound; (6) To ensure that telecommunications towers and facilities are compatible with surrounding land uses. . b. Development of Towers. (1) A tower shall be a conditional use in the C-3,General Commercial and C-4, Commercial Service zoning districts. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council and a building permit issued by the Building Official. (2) The City may, by conditional use permit, authorize the use of city property for towers in accordance with the procedures of this Code. The City has no obligation to allow the use of city property for this purpose. (3) No telecommunications facilities may be located within a distance equal to twice the height of the proposed tower of any use that involves the 2 , . . 10/8/98 storage, distribution, or sale of volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the applicant can demonstrate with credible engineering data, to the satisfaction of the City, that no danger exists in locating the telecommunications facilities in the proposed proximity to said uses. (4) The development of a tower is subject to the following additional restrictions: (a) Unless the applicant presents clear and convincing evidence to the City, that co-location is not feasible, a new tower may not be built, constructed or erected in the city, unless the tower is capable of accommodating additional telecommunications facilities owned by other persons, and the tower owner agrees to comply with the provisions of the subsection relating to existing towers. A new tower shall be designed and built to accommodate three times the tower's initial loading capacity. If the tower is less than 100 feet in height is shall be built to accommodate two times the tower's initial loading capacity. (b) A development approval to develop, build, construct, or ere.ct a tower will not be granted to a person on the basis that it is economically unfeasible for that person to co-locate or install telecommunications facilities on a tower or antenna support structure owned by another person. (5) An application to develop a tower must include: (a) The names, addresses and telephone numbers of all owners of other towers or antenna support structures, and the locations of such structures, within a one mile radius of the proposed new tower site; (b) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on towers or antenna support structures located within a one-half mile radius of the proposed tower site; (c) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or antenna support structure located within a one half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system; (d) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non-residential properties; 3 10/8/98 ,. (e) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. (6) Setbacks. (a) A tower must be located on a single parcel such that the base of the tower is no closer to the property line than the height of the tower, unless a qualified engineer specifies in writing that the failure of the tower will occur within a lesser distance under reasonably foreseeable circumstances. In no case will the tower be located outside the buildable area of the lot. (b) Setback requirements for towers are measured form the base of the tower to the property line of the parcel on which it is located. (7) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with th. Uniform Building Code, and any other standards set forth in this subdivision. (8) Height. A tower may not exceed 125 feet in height. (9) Separation or Buffer Requirements. Towers must be separated from residentially zoned lands by a minimum of 90 feet or 100% of the height of the proposed tower, whichever is greater. The minimum tower separation distance is calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subdivision is measured from the base of a tower to the closest point of the proposed site. (10) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from . grade. (11) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance which is three times the height of the tower from the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the City Council may approve the placement of an antennae on an existing or proposed lighting standard, provided that the antennae is integrated with the lighting standard. (12) Exterior Finish. Towers not requiring FAA painting or marking, must have an exterior finish as approved in the site plan. 4 " . . 10/8/98 (13) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by FCC regulations. (14) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements in the site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may no be more than 2,000 square feet in size. (15) Security. Towers must be reasonably posted and secured to protect against trespass. (16) Access. Parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site. (17) Stealth. All towers shall be, to greatest extent reasonably possible, in the discretion of the City, of stealth design. Stealth shall not require towers or telecommunications facilities to be totally hidden, and does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs. (18) Existing Towers. (a) Any owner upon whose land a tower is located, which contains additional capacity for installation or co-location of telecommunications facilities, may allow other persons to install or co-locate telecommunications facilities on such a tower. Any such co-location shall require amendment of the original conditional use permit granted for said tower. (b) An existing tower may be modified to accommodate co-location of additional telecommunications facilities as follows: i. Application for a building permit shall be made to the City Building Official. ii. The total height of the modified tower and telecommunications facilities attached thereto shall be established by the new conditional use permit, if granted. 5 10/8/98 ". iii. Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this subdivision. The towers premodification height shall be used to calculate such distance separations. iv. A tower which is being rebuilt to accommodate the co- location of additional telecommunications facilities may be moved on site subject to the setback requirements of this Subdivision. (19) Abandoned or Unused Towers or portions of Towers. Abandoned or unused towers and associated above-ground facilities must be removed within six months of the cessation of operations of an antenna facility at the site unless an extension is approved by the City Council. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site must be submitted at the time of application. If a tower is not removed within six months of the cessation of . operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. (22) Additional Criteria for Variance. The City Council may grant a variance pursuant to Section 1201.05 of this Code if the applicant also demonstrates with written or other satisfactory evidence that: (a) The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area not change the character of the neighborhood in which the tower is proposed to be located; (b) The variance will not create a threat to the public health, safety or welfare; 6 . . 10/8/98 (c) In the case of a requested modification to the setback requirement, that the size of plat upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site but poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land; (d) In the case of a request for modification of separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area; (e) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilities co-location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. (23) Failure to Comply; (a) If the permittee fails to comply with any of the terms imposed by the conditional use permit, the City may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. (b) Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by (i) written notice to the permittee of the alleged violation, (ii) the opportunity to cure the violation during a period not to exceed thirty days following receipt of the written notice and (iij) a hearing before the City Council at least fifteen days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. (c) If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revoke the permit and shall provide a post- revocation hearing before the City Council not more than fifteen days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. (d) Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. 7 Section 6: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this day of 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 10/8/98 8 < . . ... .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: 30 September 1998 RE: Davis, Kirk - Request for Setback Variance FILE NO.: 405(98.14) BACKGROUND Mr. Kirk Davis has requested a setback variance to build an addition on the rear of his home, located at 5935 Seamans Drive (see Site Location map - Exhibit A, attached). The property is zoned R-IA, Single-family Residential and contains approximately 42,900 square feet of area. The property is bounded on the north, west and south by single-family homes. The Minnetonka Country Club golf course is located to the east. . As shown on Exhibit B, the existing home is located approximately 54 feet from the easterly boundary of the property. A wooden deck extends another 10 feet closer to the rear lot line. Mr. Davis proposes to replace the deck with a 15'x20' addition which would end up at 34.2 feet from the rear lot line. This amounts to a 16-foot variance from the 50-foot R-IA requirement. Mr. Davis' request is explained in a letter, dated 31 August 1998 (Exhibit C). Additional information is provided in the following exhibits: D Structures on Adjacent Lots E Photos - Existing Conditions F-l Floor Plan - Upper Level F-2 Floor Plan - Lower Level ANAL YSISIRECOMMENDATION The criteria for granting variances is found in Section 1201.05 Subd. 2.b. of the City Code. There are at least two significant factors in this case that may support the applicant's request for a varlance. #,.. ,. ~ PRINTED ON RECYCLED PAPER .. 18 It. Memorandum Re: Davis Setback Variance 30 September 1998 A. Boundary Discrepancy. The applicant's letter mentions a boundary line problem which was ultimately resolved in 1991. The solution resulted in the subject property having approximately 16 feet less depth than it was originally thought to have. This is not a case where one owner simply misunderstood where his lot line was. A number of properties on the west side of the golf course were affected by this problem. This, plus the fact that surveys were not typically required in 1969, when the house was built, would explain the location of other structures nearby. B. Location of Adjacent Structures. Exhibit D shows the location of structures on lots to the north and south of the subject property. The house to the north has just been completed and was built after the boundary line discrepancy was resolved. As a result, it complies with the current setback requirement. Buildings to the south of the subject property, however, extend as close as 23.5 feet to the rear line. The average rear yard setback for the two adjoining lots is just over 36 feet. . The Zoning Code specifically provides for the consideration of average setbacks with respect to front yards and lake setbacks. While it does not apply to rear yard setbacks, the same principle could be applied in this instance. If the proposed addition were reduced in depth by two feet it would comply with the average setback between the adjoining properties. This loss in depth could be made up by making the addition slightly wider. For example, if it were even 16 feet wide by 18 feet deep, only 12 square feet would be lost in total area. The Zoning Code provides for reasonable conditions to be attached in the granting of variances. Additional landscaping to screen structures from adjoining properties is one example. Another is to require that a variance be made up on the other end of the lot. In this case a condition of approval could state that no structures could be built on this property within 66 feet of Seamans Drive. It should be noted that neither of these conditions seem to make practical sense. First, as shown in the attached exhibits, the rear yard of the applicant's property is already quite well . screened from adjoining properties, including the golf course. Secondly, it does not appear likely that anyone would want to build closer to Seamans Drive, given the location of the existing home. Based on the preceding, it is recommended that the applicant's request for a variance be granted. It is further suggested that the variance be limited to 14 feet versus the 16 feet which is requested, in order to conform to the average setback established by buildings on the two adjoining lots. Cc: Jim Hurm John Dean Kirk Davis -2- .. E u ./1 \ ---, ~' '~.." i: ,',' . .Wl....!;, ~ .. I 1 !, - " i 1;- ~ "O~' ,,~ :ff "'\.. ~ <lit ~~ (fJ~ ~(tj <( I I WII:ZSEyU . ............... -----............... . Exhibit A SITE LOCATION, Davis Setback Vanance Certifica~e of Surv~y for S. Kirk Davis in Lots 50, 69 and 70, Aud. Sub. No. 133 Hennepin County, Minnesota iV87"/7{7o"I: It.1 0'- ' ClQ I ~ ~ --.. '" Q:: "- c::J ~~ ,~ .... V) " Q.) ~ "I \0 .. " ~ " "'{ ~ .,... "'" '" 4.j "'ljtr:l V) :;:t1>-j >-< U'J C :;:t1 -< tr:l >-< Df!.-I V J; iUl1 Y IV 6'1J~j oj' 21" tv . \.,' \ "'Of, " I . . '.. ) . J/O,6' < ~ ,; ; ; ~ III ); "------ .. .' t."... ,........ I , . , . I I , 't 7/:::~4 :!.... . . NORTH .J ''\.'' O'~" ~\I tl '}, \, 2'1.2 , ~~~~\if/ , f:L:rW '" <:) ~ .~J , -li.- ~ l.1I I:) .. .... ,It,! I '~ :"'i .I\j . , I \,'1\, t "." ~1' . ..." ..-'" ./ ... I . 1,/,0 ~' p'u''VO-{j ?'JI<- I I .v8JIIlj'J({ ~ 7 1'0/. ()O , .... -'" , . ". I ' ""...J ,,. ,.. 50, , ; ....' ..., I I .. On August 12, 1998, I met with Mr. Brad Nielsen to review the protocol for obtaining a variance to the 50 foot setback rule in existence in the City of Shorewood. I want to remove an existing 10.3 foot x 16 foot deck and replace it with a two-story shop (lower level) and four-season porch (upper level) which will extend an additional 9.7 feet beyond the existing deck. I spent approximately 45 minutes with Mr. Nielsen who provided the application form and explained the process. Note that on the "Shorewood Variance Application Procedure" document, Mr. Nielsen deemed items 5,6 and 9 under Section Lb. not applicable, hence, these items are not included in this application. The remaining items are included in this application and are as follows under Section Lb. Item I A survey of 5935 Seamans Dr. including legal description, is included as Figure 1 (Note: Items and descriptions that are rendered in red ink on all documents in this application are added by me and are not part of original documents provided by Mr. Nielsen or others). . Item 2 I have added the driveway and turnaround; and a small concrete patio which exists on the east side of the house to Figure 1 along with the proposed 9.7 foot extension from the existing deck. Mr. Nielsen indicated that only these improvements would be necessary for this item. I have, however, added an approximately six foot high privacy fence which exists between my property and the property adjacent on the south, 5955 Seamans Dr. Item 3 An indeterminate, 30 foot wide easement existed between several Seamans Dr. homeowners and the golf course up until 1991. Prior to our taking possession of the house in July 1991, the issue was resolved with homeowners receiving 14 feet of the easement and the golf course 16 feet. Item 4 Figure 2 shows the survey of my property and a coterminous survey of the property adjacent on the south, 5955 Seamans Dr. Mr. Nielsen indicated that the survey of 5955 need only show the common property line and the portions of 5955 which may approach or extend beyond existing setback rules. A legal description of 5955 is included as part of the survey as are distances from the eastern Property line to the improvements on 5955 Seamans Dr. . Mr. Nielsen provided me with a portion of the survey for 5885 Seamans Dr. which is adjacent to my property on the north. 5885 Seamans Dr. was constructed this summer. Mr. Nielsen stated that this survey would be adequate for the purposes of this application and is included as Figure 3. Because Figure 3 is not of the same scale as Figure 2, I have reduced Figure 3 by 25% which brings it into the approximate scale of Figure 2. This is presented as Figure 4 which shows my property (5935) as it relates to 5955 (on the south) and 5885 (on the north). Item 5 Not applicable. Item 6 Not applicable. Item 7 At Mr. Nielsen's suggestion, I have added trees and significant vegetation to Figure 4. The property and surrounding area is generally level with no prominent hills or valleys. Item 8 Lot area and hard cover area are noted on Figure 1. Item 9 Not applicable. Exhibit C APPLICANT'S REOUEST LETTER Dated 31 August 1998 Item I 0 My house was constructed in 1969 on a generally deep and narrow lot. The house was placed at the east end of the lot with the back (east) side of the house 54.4 feet from the legal property line. We are constrained and limited by the site specific conditions that exist. The addition that we propose will extend an additional 9.7 feet beyond the existing deck and will consist of an upper level four season porch which will be accessed from the existing patio doors in the breakfast room. The lower level will mirror the footprint of the upper level and will be a ground-level accessed shop. Due to the floor plan of the house, this is the only logical location for thisadditioo. The front (west side) of the house is unsuitable for the proposed addition due to practical and esthetic reasons. See Figures 5 and 6. The proposed addition will be 34.4 feet from the eastern property line, hence, I am requesting a variance of 15.6 feet. Please note that 5955 Seamans Dr. (adjacent on the south) has an existing deck which is 37.4 feet from the Property line and an existing garage which is 23.5 feet from the property line. Ms. Colleen Moore, owner of 5955 Seamans Dr. stated that she has no objection to my proposed addition. As shown on Figure 4, the structure located at 5885 Seamans Dr. (adjacent on the north) is approximately 250-300 feet distant from my house and is screened by a mature stand of trees. My proposed addition will not be visible from that location. Also shown on Figure 4 are circled letters with an arrow. These indicate the location and direction of photographs taken in July of this year on the east side of my house. The photographs are labeled and included with this application. . The seventh fairway of the Minnetonka Country Club is adjacent on the east and is also screened by trees. Golfers are only interested in my property as relates to errant golf balls. The clubhouse is approximately one-half mile from my property. Figure 7 is a 1993 revised USGS topographic map of the area My house is circled in red. This map depicts the disbursement of houses in the area and shows the lack of impact, visual or otherwise, that my proposed addition would have on adjacent properties or the area in general. Section Lc. Figures 5 and 6 are floor plans of the existing structure at 5935 Seamans Dr. and were generated by myself. Dimensions were taken from interior wall to interior wall. Dimensions indicated are plus or minus approximately three-inches. The footprint of the proposed addition is also shown. The larger-format plans, drawn by Chaska Building Center, depict the elevation and plan of the proposed addition. Section I.d. Included. . Section Le. Included above under item 10. Conclusion Pursuant to section 1201.05 of the Shorewood Zoning Ordinance, Subd.2.a.. it is reasonable to believe the proposed addition will not adversely impact items one through five. Due to the configuration and location of my house on the existing lot, any improvements planned on the east side of the house are problematic due to site-specific conditions. No other logical location exists for the proposed addition. A precedent exists for approval of this variance based on proximity of the existing improvements on the property adjacent on the south (5955 Seamans Dr.) to the east property line; and, impact to adjacent or nearby properties will be negligible or non-existent. Kirkdlletter shorewood 83198 C/)tI1 ....j;>< :-ce: Cg n..... dO ~ C/) o z ~ ...... ;I> n tI1 z ....j t""' o .., C/l lu ::::.. - .... . Cl::' .....~ __-I .-- \ . ,-/ \ I I1~ ~ //9,~ ~ .~:.-__~L,"81'5J___-l--\ i~ ~ ~ ,I /' It _~) II \~ :~ ~ m /''--} / ~ f~- ~\ / \) ~~ b ~ W {:-) / _~/_~ '0 y!V\ r!/ A$~ \ \~~ \r 0 111 ~!. '-..........\ "" /., ""'~'" ~~ I :~/:- (. ~~: ." . t~~,. r ~ ~ .. .' I " "" I" . ~ i j' "',,-_-, 'It\ "'./ t.:' >~" , ' -; P. I ' - ~", ~\ I <dO t~- o l) j I' I,' \'" I _ _ ~q, ' - ? - - 68.00 _ _ .' Q / I I I ' 'Y \'6' L' ~ - ~ 13 1 / / / ~ / f' ~ - ,,' ,.. '-\ 'h'69&) It'~6'\~_ /:a "E'- .\ g ~ ~ /~;fP// '\ 1 " '.I. *~ V"II z: / ~r;y/ " I ' T , ~\t // // ,),~~--~' 1"11:p ~ I / / \I I ()!i' ri' // // I I -,a (/"-- / / / C!! I 1:. , 0......... // f ~ ......IT) / I I , I _---~......_~......,o<~.-..q,.---- .. I ( \ .~-- - - ~ =.":: t.~~\kor~ - \:~~ - ~~ -1 \\ ' Norlh linll of Lot 9, "UII ktlr 9- .' Ou/*,/. 10 E,"I8Ior" · ~'-.{ ! ~ I J. .. ~ .. I I (i;1ATU f-f:- T~~S \ ~ r-~ \ .~ : ~"'- . ~. . I ,. r;>l,~,_, V~.~ (l{ ,f ~ . , ,) 1-..1, Q' ~ U, ~:-. ~ R ~ ",- ~ I:) ~ ::s ~ g ;; ~ ~ ~ 1\0 Q j @:\ "'7 ~ - - - - . st' --~i;" ~.".-. ~.. fi1 (to.. , QI:)' a,; '" ,. -r--. ~. \.t) ~ "'( ~ ~ ll.J \J) ~ ~ ~~ 'r. ~ .... \0 . "- ~ " ~ 21(.2 IV ): IV ~ ./1 ~ l) ~ ~ ~ '" ~ ~ .2t.Z , 'II) :'" ,11/ , I , , I, ... ~ l'- . .~ , I , I , . , ~ I ~ . (to. tb N A IQ ~ ~ ~ .. D ~ _ _ __ '1'1', 2. _I. _ _ _ .. ,.. -.;." ,(./. , / ',}'.";"", .. I L.. j) -." ----,~..fft..'t.-- ....l . \ " C\ @. ~l .' ;.'71. ~ I /... ,} ~ y, \. " . . ,il.. \~ "~ , ,... '- , 1\/6'8".1"2""40' J'/t:). i'Y I ,! - - - -50.0" N 1,., F':xisting Legal Description The North 1 acre, except the South 13 feet of Lot 70, Auditor's Subdivision No. 133, Henn~pin COQnty, Mj.nnesot~. T. hat. part of Lot 69, ^uditor.'g Subdivision Nll.mber 133, Hennepin County, MinJnOZ3.s.. esota, lying Southerly of a line drawn from a noint on the East line of sai,d , ."... (Ii 1fT/Nt; lot, d1stant 34.03 feet North from the Southeast corrrer'of'sa1d lot, to a ~UCf point On the West line of said lot distant 22 feet North from the Southwest corner of said lot, .__2}..S._ The North 154.23 feet of the South 563.47 feet ot the most Westerly 14 feet of Lot 50 as measuted along and at right angles to the most Westerly line of said Lot 50, Auditor's Subdivision One Hundred Thirty-Three (133), Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said COlmty. .1l';\~Lf' L/- This survey shows the' location of l\n existing' house ,and deck in re({ation to the boundaries of the above described property as determined by monuments on adjoining proper.ties. It does not pUrport'to show any other imptovements or encr:oachments, . '.\ )' I '!,~ .. Ji\ I f'! ., denotes iron marker found 1 Exhibit E PHOTOGRAPHS - EXISTING CONDITIONS . IJJ ~ " <C N ..J a: IJJ <C It) > " IJJ N IJJ a:: II ..J :::l <:r a:: " -- UJ u: ... Q. Q. :::l . / t -I {O /5 :E 0 0 .... a:: ~ " -.. . ~ z ~ 0 z 0 i5 a:: - " <:;) :z: ~ :; ::i - - - ----.., t :z: % I UJ 0 I ~ (..) ~ u.. t= I !:: (..) 0 i5 ~ UJ I- 0 I 0 :z: <C uJ III~III " a: 0 I " > :z: Q. < a:: t= I- UJ I a:: I- 0 rJ) z 111'1111 sa 0 I 0 UJ X 0 Q. I- :E~ u.. 0 I en UJ 8 N a: I Q. a:: a: I . :E I- o~ _______--1 0 rJ) 0(..) :E 0 ~ CUJ a:: 00 0 J: ~ -0 0 ~ <C ~I- a: UJ 0.; ~ CD a: ~ CD CD J.38010 J J :E :e ... 0 .)0- 0 0 ....' ~ 0 l- e: m -' a:: 0 ...... --0 0 UJ UJ t - UJ CD I CD ..J t < 7-1/~ ......- 9-0!~ II' J il * 1 Exhibit F-l FLOOR PLAN - UPPER LEVEL .J ..,. . '... . . ... ~ ~ _I '\]00 - J -~ .::;r-.. - "" ~ --< \ > a:: I- Z UJ 111~11 III fi II ~. <C a:: o ~ J.38010 :E o o a:: c UJ CD II ?ifl :E o o a:: ~ ~ CD t ..J UJ UJ <0 > " N UJ <C UJ II ..J a: a:: " a:: <C :::l ~ " -- UJ " u: ... 3= 0 ..J 2.y' :E o o a: ~ .:i ~ 1 r [ '> ~ ,II ,1\ .. . 1"1 " , :E o o a:: > I- ::; t= :::l J.35010 :E o o a: c UJ a:l '> "" JO/ ..J 0 UJ 1:; ~ ~ ..J UJ C I- Z UJ - :::l a: o 0 a: Z " 0 o u.. ~ 00 I- UJ Z C a: " Q..Z 6~ 0- u..~ .to - <:;:) N - "::t- }. j~ -------l I I I I z o u.. t= o Q I- C Z < a: c 0.. uJ I- en o 0 2 ~ IX 0.. I I I I I ______.J Exhibit F-2 FLOOR PLAN - LOWER LEVEL ~~ .:::; 11 ""':t .;:. .t\ .;< \Ll ::> o :::J:. .!l -z ~ U3! O~ot ",~ I .J.;; I I' ~t '3 ~ ~ o! I ~i 1!; ~1~ :I! I 1'1: ~:~ '.)~ ~ I~ I \ .s ..I:I I I _":r I ~_m"":." _==.:~:.L~: i ~ - 7---; """"" .r"'''' ..." ~ "." . .,. ,~> . "4. o,~., '. "'" 0:"1 O>~ ,.,C,d "''':': .~[ ':i ----it C''':,1 ":'" 0." Q~~ Q:oz .~~ 0;-, . ~Cl.:S',"A-=::"O'''' $~" ft...:.: '~I "':t ~ $:1 4,' ~~ "":T ..A~.: . '~... .. . ).,,~ .;-::\oll'! ".... , ,...~ /J .!'~-:- ;.~~..::;...~,?C'"", \ ... . ~ ,:.- (': ~:' o J\ -Z+' ] ~~ ~. '9 -'~ "'2$ ""I .' Q 1i -? ~l~ e- ! .~. 3! ~. ! u..... JJ I~ ...,$ ....~ U\ ::p .1~ " \1\ y 2 '-t 0 ;. '3 - 0 a: II ',3 ..~ '~ ; ~ 0 -:z.1 ~ ~ ., 'i- '" ~ u.. ...... :: .... ; i; I! I i III , " i II '[ i Ii' I !! III ; II IIII I II! I !' III I i 'i . I I":i' }I';,:: .'1..::' '''~'' ..k ," . 11,1',.., 'il;';/I'::",'I!.,.;.:.. '.'.'......,.1'.1..,. ,,"I.' " !. : Ii ~ .,; Ii :!jl ; I;. ,.ull' ,. I;. .'1"""'" ;" . : il::'~l;) ~l: ""11.;.>1: J, : I II !!: :;HI ;',' I, lln ' '~l!. :; i : i'H.: !llll. ~ 'Iii i h: . It ,'.... IliI ,I' I !I;~: rl:.;i '1'1:"; II,;:!' I :iI""" I ,il: i I;J I ii, ,dl!i idJ "'!I.'! i,l"I!', !'n!!! i!!~' i".j:l j":, I '1" ..., iil.... ;. it" -1~ or ., ~ '~ ~ I III i III III i 11111 , 1'0 D ',., . I' i I i I :,11 I! II" :, I :! ','. 'I I I I . : I I il II j i I! I' ' II, , 1'1' ,v ", 1III i II! II i I I !! ! 11"; i, I i I . . ~ . . .. ~~ o! ~; 4,- ~I . . ~ 3r' :it' --:z~ o ~ ~ .a: ~, I.IJ " Exhibit G PROPOSED ADDITION . . . '" CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD- SHOREWOOD, MINNESOTA 55331-8927 - (612) 474-3236 FAX 1612l 474-0128 - www.state,neUshorewood - cityhall@shorewood.state.nel MEMORANDUM TO: Planning Commission FROM: Patti Helgesen DATE: 13 October 1998 RE: Kirk Davis - Rear Yard Setback Variance At the public hearing for this item, the Planning Commission requested information relative to the date of the lot line rearrangement approval and the date Mr. Davis purchased his home. The City adopted the resolution which approves the lot line adjustment between the Seamans Drive property owners and the golf course on 3/25/91. The County documents show the resolution as having been filed on 7/9/91. Enclosed is a letter submitted by Mr. Davis which documents the date he purchased his property. Also enclosed are the current code regulations pertaining to average setback as applied to front yards and lakeshore property. We will also check with other communities to see if they have any special setback conditions. cc: Jerry O'Neill Kirk Davis ... . October II, 1998 Mr. Brad Nielsen Planning Director City Of Shorewood 5755 Country Club Road Shorewood, MN 55331 . Dear Mr. Nielsen: This letter is in response to your request for information on the closing date of our house at 5935 Seamans Drive. The closing date was Friday June 28, 1991. I am attaching a copy of the Certificate of Title as documentation. Prior to this date, there was no clear indication, such as a fence, as to where a legal property line was in relation to the golf course, our house, or the approximately four other residences on Seamans Drive which were affected by this issue. Prior to June 28, 1991 we were aware of a steel fence post, approximately two-inches in diameter with a diagonal brace which was in place approximately 18 feet east of the present-day fence which describes the current legal property line. Also, the privacy fence which is in place at Collen Moore's house (adjacent to me on the south side) extended eastward, beyond it's present-day configuration, to approximately the same distance as the steel . fence post. We were aware that a property line resolution would be necessary prior to closing and assumed a logical demarcation may be the steel fence post and Ms. Moore's rear fence setback as it existed prior to June 28, 1991. I am attaching a Certificate of Survey showing the approximate location of the steel fence post and Ms. Moore's fence as they existed prior to June 28, 1991. The golf course has since removed the steel fence post. Approximately three days before our scheduled closing date of June 28, 1991, our realtor called and informed us that our scheduled closing was in peril because the property line issue had not been resolved. At this time we had closed on our old house and were scheduled to move into 5935 Seamans Drive on Saturday, June 29, 1991. On Thursday June 27, 1991, our realtor again called and said the issue had apparently been resolved and we would go ahead with the closing which was scheduled for Friday morning, June 28. We arrived at the appointed time to be informed that the issue either had not been resolved or the appropriate paperwork had not been filed, hence, we couldn't close. . . '. .4:' Page 2 October 11, 1998 Our realtor told us to go home, stay by the phone, and he would see what he could do to clear the issue up and re-schedule a closing for that same day. At about 3 :00 PM he called to say he had affectuated a resolution and had arranged for us to close. We did so at around 6:00 PM, the last closing of the day. We weren't informed of any specific property-line placement at the closing. As we were moving in on Saturday June 29,1991, the fence, which marks the present-day legal property line at the east end of our lot, was being installed by the golf course. It was at this point that we were aware of where the property line was. The Moore's were subsequently required to move the east end of their privacy fence back to conform with the fence which today exists at the east end of our lot and marks the legal boundary. We were not informed offence emplacement prior to the event and would like to know if disclosure for such an activity is a requirement. Sincerely, ~ ~ ;<toe-X /c ~ Kirk Davis Attachments documenG &88484 Certificate of Survey for S. 'Kirk Davis" in Lots 50, 69 and 70, Aud. Sub. No. 133 H~nnepin County'~ Minnesot'a -.. \.' '. \ ..f') .J '1-" n" \ tlo ~~ I, \ .v B' IJJf'1{'c , -1 I ~ 00 ~ , . '. 'v8<J1J/7'JO"e- . - . . '... ) .7/().~2 .. . "J ~ ~ j . - .. .. , Sf., ' :h' ~ lu CI-- , Cb I :::::.. I);j - ~ .._.,~. ..... <::::l ~ l ~110. \.t) .. ~ ... ~ .... \Q , " \li " ""( ~ ~ "" ~ If) \ I \ I ~...~. .21(.2 to, )( ~ - .. '\ ... ~ .~ \ 0.. ~ co ~ \0 N ,,~ ~ ~, ,,~ ... OH" \0 I ~ :. - -- 't'l. 2... . -- - ~ ~ / ~ ... , ..Ny, ..I, ,C, ;- I'.. ~ J.' ~ ~ ~ ~ ~ II ..; ~ I ,..... . :u.2 . o~ : ... ..., I I t. ... '... ,} I ,}, . , I tV l?8.2,'21 lOW ,7/0.4'"Y - --, - -" - 5o~o-:: -,;;.' I ". N 1... ~~ ~ ---l--- 4J.7 Existing Legal Description The North 1 acre, except the South 13 feet of Lot 70, Auditor's Subd i ViR i.on No. 1 33, Henn~piJ\ Count: y, Mi IHIQSOt:i'l . 37.4 '" v '" q The North 154.23 feet of the South 563.47 feet of the most Westerly 14 feet of Lot 50 as measuted along and at right angles to the most Westerly line of said Lot 50, Auditor's Subdivision One Hundred Thirty-Three (133), Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. , I I , I I I ,J L.,~ f ~ El ~ ~ ..!.) - ~. That part of Lot 69, l\uditor's Subdivisl.'on Number 133, Hennepin County, M inni",23.s,. esota, lying Southerly of a line drawn from a point on the East line of said . . (k/lr,,,t; lot, d.lstant 34.03 feet North from the Southeast corner- of' sa.ld lot, to a t;:".tA(;f point on the West line of said lot distant 22 feet North from the Southwest corner of sa id lot. '" ?},.s_.. This survey sho~s the the boundaries of the adjoininq properties. encroachments. location of an existing house ,and deck in relation to above described property as determined by monuments on It does no't purport' to show any other improvements or e: denotes iron marker found 0: denotes iron marker set Bearings are based on an assumed bearing basis, _tfF"~ ~?~~~"'~" 9,~~~~,~R~,,~~~,: ~ 'l'~ 1.1111.11.1' \..\"'11111' . 11I11~\ I .'\..t', ~l\",~~~1(l 1<1.' 171 1111 I hereby c~rUfy thattnis survey was pr~pared by Ille or Unq~f my direct s\.lp~r- vision, i\net that I am a duly registered Civil Engineer ilnd Land Surveyor under the lilWS of till' Stale of Minnesuta. DATE 8-/7" --;4J ~ f ~ ~ +J ,... ..;- . : . ,... / r'" ,.. to, , } -.' \~ AI I SCAt.E .4~,/_/ .~'-,.../ ,~'....; . .. Mark S. Gron~erg Mi!'\nesota License N\.1m~er \2755 J08 NO. 98 -3o~ n..... ..., HC 1030 (5/90) Ct:R.l~IIII(;AII:UI- II fLE , No. " ';',~ No. 763753 DISTRICT COURT No,(s) 4354 Transfer from No. 763206 " Or~ginally registered the 29th day of March A. D. 1937 Volume 19l Page 60365 TATE of MINNESOTA, OUNTY of HENNEPIN. his is to certify that REGISTBATION S. Kirk Davis and Karen F. Coune' as joint tenants, 5935 Seamans Drive, City of Shorewood, County of Hennepin, State of Minnesota ),':' are now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and tate of Minnesota, to wit: ,. The North l54.23 feet of the South 563.47 feet of the most Westerly 14 feet of Lot 50 as measured along and at right angles to the toost Westerly line of said Lot 50, Auditor's Subdivision One Hundred Thirty-three (133), Hennepin County, Minnesota, ,"', r\ 'if' ,\ according to the plat thereof on' file or of record in the offic~, ~.~ th~(:-~1'fn'tft'\ o'~: W~e*=~ ,P \1~d for said Coun.ty. , ,..',...... \. ,....\ '\:l \. :. \t.-., .' \\\, \\ h" ..\ .-- ,..,'. :~: n n r;\ r 1\'(": '\r:n ';~ :,<< \ i \ U j ,\ \.\.:::'" ",:...' I.: ," (.... '. ~ . ~ ~ I: .:.,. ....~ . ...... ,..', " \ .J)" .... ,\ \\\.\iH! \~\-\\ n'" ,p,\ '''':;:) .::. ,.' ...., ~:: ....., $:"} : \ ';..: . ....., 1 ~ :.._ ........~ ! ~._...: \~)I \.1 \,J i_, ',.; i.....". .. ,...... ,':::;" ':::i-i::' "\ \..:::: \\ (~\) H\ ~"\ \' \\=; J',:-. . ...' : I : \ :' \'. \.., , ....\: ": Sol,}.\, \, : ,.... j l' ",' ~ \ -.., , . . .. -\' :.~. :. ....\.. \.J 'I,....z ; \ u \? \ ;;{;\ \ \ \ \.\ <_;;.: !,S ,; \\J} .~::;s \j \.. ~J ," , Subject to the encumbrances, liens and interest(s) noted by the memori~J1(s) underwritten or endorsed hereon; and Subject to the ollowing rights or encumbrance~ subsisting, as provided in the twenty-fourth section of "An act concerning the regtstraVon of land nd the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special asseSsment for which a sale of the land has not been had at the date of the certificate of title; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. That the said S. Kirk Davis and Karen F. Coune' are of the ages of 44 & 40 years respectively, are married to each other and are under no disability. IN WITNESS WHEREOF, ,I have hereunto subscribed my name and affixed the seal of my of this Ninth day of July 1991 R. Dan Carlson Registrar of Titles, DEI DOCUMENT KIND OF NUMBER INSTRUMENT IN~:lr~MOlNT DATE OF REGISTRATION Month Oay Year Month Day Year Hour AMOUNT RUNNING IN FAVOR OF SIGNATURE OF ' DEPUTY REGISTRAf Notice of 996751 Lis Pendens ay 14 1971 ay 18 1971 12:55 2185636 Mortgage un 28 1991 u1 9 1991 11 2416360 Mortgage Jlll 28 1993 Aug 30 1993 2 ity of Shorewood. To acquire pt f L 50 sd Subd for sanitary sewer urposes (See lnst) ell Mortgage Company (a MN corp) $110400.00 inneapo1is, MN ~.aI~__JpA. reefIng That pt ortfie S & W oundary lines of sd L 50 are marked y Judicial Landmarks set pursuant to orrens Case No 16430 --.--... -, --'"-----.-- ----.- . Order of 977567 Court Sep 8 1970 ep 10 1970 9:35 Minnetonka Financial Services, Inc. $113700.00 Minnetonka, MN . .......) ~Jt4 lEI gw .......... -"pV /' .... 1201.03 1201.03 (7) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided, that it is located within an approved driveway, it does not take up required park- ing space as provided in subdivision 5h of this Section, it is currently licens- ed and operable, and it is located no closer than fifteen feet (15 ') from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot. d. Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum set- back shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this Ordinance. . Subd. 4. General Area and Building Size Regulations: a. Purpose: This Section identifies general area and building size re- quirements and exceptions to general height requirements in each zoning district. b. Useable Open Space: Each multiple-family dwelling site shall contain at least five hundred (500) square feet of useable open space as defined in Section 1201.02 of this Ordinance for each dwelling unit contained thereon. c. Height: (1) The building height limits established herein for districts shall not apply to the following: . (a) Belfries. (b) Chimneys or flues. (c) Church spires. (d) Cooling towers, mechanical and air conditioning equipment when screened from view. (e) Cupolas and domes which do not contain useable space. (f) Elevator penthouses. (g) Flagpoles. (h) Monuments. (i) Parapet walls extending not more than three feet (3 ') above the limiting height of the building. ~ , . " p..V~ ~cl{~.{2 1..tt Cy,~ r:~ A." ,. / '-+---t 1 ~ ..:..1- (~jr r 1 v ~ ;: ~ .. ,',~ oil' / ,[ ....... .' ~ v"'!:,.., ~ \~, _ '.. l -'r . """" , \C f'! o r I --' \C f'! ....... o r'l ...... 9 GJ U ,g " ." '" " ':l 'E GJ 0. '~!2 ~ ~ >- U ,-..'" ~d 13'" :q If l!l !J' :q . . .t:! Vl ..... . ...... c:; ~ (5 c .~ 'E o~ ,....., ::: . . ~ * ....... ca~ (5 c :E "- o'~ '....0 'n ..... . . . :::,' n · 9 ,5 ~ E ;; .~ .....0 .1:: II') ,.... 1> ~ .c !)J) 'u .r:: ~l c :2 ':; .0 ~ >- ~'L:' u u n - .c '" ~ ~ ~ !>/) "t:I C ... .- n t:: >. " -8-g .~ tn (1)- o E:::' ~ ~)1'j 0_ d) '- -c:;s 2..~~ ~'t~ ~ ::J.- e"'.r:: '~ ~ t;. 00'" ~ 'E ,S. ~4)"E* .c 0.0' ~ ,!; E ;; --.,-e> ~ O'.a-~ .1:: ~ .1:: o '1') .1:: ~ ~ '" ~ u ':) ~ -'" ~~ ~~ .- .- * ~ ~: e > · s.8"c u '" 0 :::J ,- ...~- ~ ... <II (I) 8 ;; €'::.u .t:! >;..... >-. 0..0- o..Vl~ CI3 GJ 0 -0- o'Vi U l:l..r:: e _'-'0 ~.88 .c: Vl l:l 0 0.... GJ~-o > Vl GJ ~o~ ~ ~.... ,,",GJ- ~,-,C13 CI3 l:l cU ~GJ-D .c: 6 >. bJI 0.. t'd .....08 .c:v t:;-tgJ CI3 -0 ~ ,9 e -B vi "EGJGJ~ oetnO GJ ~ boE ..r:: ,.9 ~ .....Vl-otn 6 ~ r;:l b/) U ::s r:: o .g -D .... J:::: .-0 -oGJr;:l ~ r::'';:: ::s CCl3tn-D GJ tn bll '-' 8 ""' r:: C ., GJ,... GJ ~ .... -0 0 0-' a..:=. ro ::s .::s-5' go .t! -D CI3 ""':,:::-00 ~ .,~.... o ~ 0 ~ t'd.... 0.. t: ~ ~ e'~ v> 0 0..0 .,. ..... C':S U ..... ~ ''l .1:: ..... . fr) q ...... e rl --' C o . ... .... o GJ V> .9 -0 GJ -0 '> o s- o.. ~ -0 tV ~ Q.) t.- U .9 GJ -D ~s..: El~ CI3 llO ~) Vl GJ.... .c:-E bO...... r::o .... 0 ;2v .... ::s ' m:g * ::s * V> o o-i .-.. e N .-.. ~ .g .... U GJ V> .8 -0 ~ '> e 0.. ~ ~ o .... ... 0.. GJ . U cIJ l>e U GJ r:: -o~ r::.... t'd-o ... ~o OVl .-...... .....c: t'd.... "'3~ blJ 0 e f') N o . ..... ..... e ON GJ...... :g'-;h v>::s * 0 * ... .,. -E Q) c:3 ~ r:: r:: OJ ... ..... t'd t'd Ela~-Eo.. ~z~eb/) .c: . 9 0.9 tn~ Elo. ~ot......!J GJ.g"Eo~ ~ 0 Vl r:: .-.. t'dt'd bJ)~.8 ~..- r:: CI3 t'd };lCl-o ""' .... ~ bll-E CI3 Vl....].r:: o.GJ::s :s ....0"' ] t e~. g ;:J OJ t'd Vl~-Ds..:-o . -g tn..... ~ ... r;:l e.8~~eg ..... tn t'dO c:3-OVl~ClU -:~~.::;.... e. 13 ~ E 8 ~ .... 'C .0 ~ 0 r:: U o t'd El.tl GJ OJ e iL... -0 ~-E 0.. e GJ tn >-. -o~a~OJ.o ~ ~ cU'~ -D -0 80>.....~ ~ GJ ... r:: c:3 0 t9.l:;j OJ ~.c: 0.. ~ g.. -s ~ tn 0.. GJ GJ 0 Vl cU ...... .... .... ~ ~-o CU~oGJcur:: .... 0 0 .... p.C':I cucUocUtn-o e .0.... "'1>"'"' cu ~~~"'vt:: * tn.....o --';:l * OJ j;J ... ~ *~~~::s.o * .... > 0....8 i;l . ~ o .g -0 ~ ~ cu .- a.. cu -0 ::s U .8 .9."!' >-. 0 a.. -0 t'd cu OJS-80.. 20 Cl OJ Vl ~.~ ......... 0 ........r::_-O ..... '" C ct) t....,.9 ~ -Eo"Ev ...... GJ 0 (5 0.... .c: cu {1.~ tn ~OJ-EcU ij3 > ............ O'C 0 0 OJ U -",!~~c:3 ='1-00> cIJ OJ 0 .9 OJ 8 l5.: -o-Eeo.. OJ .- t'd ..... ::s 1a~0"'0 -o..se.... (5OJcUu o.ocu4J cu .... ......0.... .... 0 cu ~ ...... 4J1Il og-Ecu .... .... o . .....,...... _~~tI) >-. OJ 8 bll c::;~ .....9 ~ 0-0 ......or;:: :';0 ::s o Vl.o.. .....l~OJ -0 .... 0 t'd OJ -ow-O "t:l ~ '~.c: ~'> -0 bJ) U 0 r:: cu.... -0 ... cu ~ -{; OJ a.. t) p.~-o .ge. ~OCl ....t:/cu:::::t'd v>::sgt'dd .o8~4J~ .....0 a.. .... o o Vl OJ o o * * * * * I Vl .- -0 4J ~ blJ r:: .- C o N cu :0 13 .... 0.. go ~ .... ...... o -E .g o .a Vl ..... Cd II OJ cu El .... ,g cu ~ "'"' o-i -- . .... o '5 ~ c:: ~ ~c:3 ._ 0 ::1':j 0"0 ee a.. ~~ o .Vi ..... c..e 4J ~ ~.s bO Cl 'E ::s .0 cu -0-5 c.... cu~ ~1l .... .... . a .... ~S ....0 OJU -8cIJ o .... ns . :::::....'i1 cUot:/ ~'E GJ cUVl8 cu._ ~o e ...., .:; o -0 0"' -ocu .... t'd .... ..8(i)C'$ s- GJ o.E ~ cuv>-o U t:/ ttiOJt'C! -E.c: .-.. ..... f<) ...... -0 -- 0 .;; ~ h,l;) t:/ "" cue 8e 8 .g 0.. .- .c: ~ OJ ~ o OJ .... cu .... t'd 0.. cu 1Il .8 .~ .... ,g OJ ~ .-.. f'l "-' 1',., ~ r I \ /-_.., ~ ~ ~ ".~,.---'" ~t. -~ -t ...." ~ .. - 't..~ ~8 +~ ~~ ._ -t.:~ -0.. lr) . .'.......... C' ~ ." . . . .~ ... l.J ~~ SJ"::. ~ ~ . . . October 6, 1998 Craig Dawson, City Manager City of Excelsior 339 Third Street Excelsior, MN 55331-1877 Dear Craig: J81C ~ ~ n \'v7 fC~~ :".:nl"I..I~, .'J7il-,_I' "It:;._ I :Iu! II ii (, ,-- ') ~ "~J lint de \ v !v~! I li \' I r~~ I - DEEPHA.VEN On October 5 the Deephaven City Council adopted the attached resolution. It is substantially the same as the resolution that the other fire contract cities adopted, with two exceptions. On the first page under item 2, we refer to Exhibit A. That document specifies certain requirements of the Special Fire Department Review Committee that are of an administrative nature, including the publishing of meeting notices, recording of meeting minutes, issuing monthly progress reports, etc. The other exception is on the second page, under Committee Makeup, item number 1. We propose that the committee be 10 members and that representation be based upon the ratio each city contributes to the fire budget. For example, Deephaven and Excelsior each contribute about 20%, and therefore, each city would be allowed to appoint two members. This is an important item for Deephaven. We also want to reiterate our strong desire that the committee begin its work now. Even though all four of the other contract cities are immersed in mayor and city council elections, there is plenty of committee work that can begin now and then swing into high gear in early November. We can not afford to let these precious upcoming weeks and months escape our grasp. This new committee has the opportunity to affect positive and substantial changes to our fire service. We are prepared to get things moving now! On behalf of the Deephaven City Council and staff, we look forward to working with you and the other contract cities. Please contact me at 474-4755 if you have any questions. Robert J. Larson City Administrator C: Mayor and City Council . / Cities of Greenwood, Shorewoolf and Tonka Bay City Offices: 20225 Cottagewood Road, Deephaven, Minnesota 55331 . (612) 474-47- :jt:: 6 Public Works/Building Inspections (612) 474-4759 - ~ . CITY OF DEEPHA VEN RESOLUTION NO. 33-98 A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT WHEREAS, the cities of Deephaven, Greenwood, Shorewood and Tonka Bay have had a tradition of excellent fire and rescue service from the Excelsior Fire Department of over one hundred years: and WHEREAS, the cities have a mutual interest in providing the highest quality service possible for all South Lake Minnetonka residents; and WHEREAS, the stability of a five year service contract is important to the department, and for the [mancial planning of each of the cities; and WHEREAS, the City of Deephaven has concerns that need study and deserve thoughtful consideration; and . WHEREAS, the Deephaven City Council supports a thoughtful review of carefully defined Fire Department management and governance issues. NOW, THEREFORE BE IT RESOLVED that the City Council of the City ofDephaven supports the following: 1. That a five year contract be entered into with the City of Excelsior for fire and rescue service. Said contract shall be in effect from January 1, 1999 through December 31,2003. 2. That a Special Fire Department Review Committee be established to study issues and complete a report with recommendations to the cities by July 1, 1999 in accordance with Exhibit A. 3. That said Committee may study management and governance issues, but may not consider funding formula issues. . 4. That any costs of said Committee shall be born by the cities in the same ratio as established for the 1998 budget: Deephaven Excelsior Greenwood Shorewood Tonka Bay 22% 22% 5% 40% 11% 5. That on July 1, 2001, which allows a two year period for implementation ... following submission of the Committee report, the contract will be automatically renewed for an additional five (5) year term (through December 31, 2008), unless at least one of the contracting city councils notifies the other city councils in writing by June 30, 2001 of their intent to not renew the contract. The ensuing twelve (12) months shall be spent attempting to work out any differences and complete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4 above. Should a contract not be reached by July 1,2002 the remaining cities will commence negotiations on a new contI:act for service. BE IT FURTHER RESOLVED that the frameworks for a Special Fire Department Review Committee be as follows: Committee Purpose: To carefully study and make recommendations regarding a list of issues on the management and governance of the Excelsior Fire Department heading into the twenty-first century. . Committee Tasks: 1. To identify and defme the list of issues to be studied upon input from each of the cities. 2. To carefully consider each issue the Committee should: . Establish a reasonable research objective . Seek input from and tap creativity of department personnel . Conduct interviews with other fire departments . Analyze alternatives, considering level of safety and fiscal impact . Thoroughly discuss each alternative and recommend the best among them . Decide on a best package of recommendations including a proposed implementation. timetable . Committee Makeup: 1. Each City Council shall appoint a voting representative or representatives to the Committee based upon the ratio each city contributes to the budget, for a total of 10 committee members. Each city shall have at least one representative. 2. Each City may appoint non-voting technical support person(s) who may participate and vote when the voting member(s) is/are not present. 3. The Fire Chief (or a designee) and an individual with fire service experience appointed by the Excelsior City Manager shall serve as non- voting technical support. Committee Procedures and Sunset: 1. The Committee shall base its decisions on the question, "Is this good for the long term management and governance of the department as a whole?" 2. The Committee shall establish its own rules, procedures and timetable. 3. The Committee shall cease to exist on July 1, 1999. BE IT FURTHER RESOLVED that the Deephaven City Council agrees to negotiate a five (5) year renewal agreement subject to mutually agreed upon terms and conditions by December 31, 1998. ADOPTED BY THE CITY COUNCIL OF THE CITY OF DEEPHA VEN THIS 5th DAY OF OCTOBER, 1998. ATIEST: ~fl ... Howard F. Bennis, Mayor .. . . . . EXHIBIT A The Special Fire Department Review Committee shall do the following: 1. Provide monthly reports. 2. Publish meeting notices. 3. Record meetings. 4. Provide a Co-Chair. 5. Need to add a timeline: a. Agenda with timelinecommitment. b. Written Monthly Progress reports. CHECK APPROVAL LISTING FOR OCTOBER 26.1998 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 14. 1998 . CK NO TO WHOM ISSUED 23940 PERA 23941 ICMA RETIREMENT TRUST 23942 CITY COUNTY CREDIT UNION 23943 ANOKA CO SUPPORT/COLLECT 23944 AFSCME COUNCIL 14 23945 BROWNING FERRIS 23946 KATHLEEN HEBERT 23947 JAMES HURM 23948 METRO COUNCIL ENVIRONMENT 23949 JOSEPH PAZANDAK 23950 PEPSI COLA COMPANY 23951 RGIS INVENTORY SPECIALIST 23952 US WEST 23953 VOGT HEATING & A/C 23954 ERICA HAUN 23955 MIDWEST COCA-COLA 23956 DAHLHEIMER DISTRIBUTING INC 23957 DAY DISTRIBUTING 23958 EAST SIDE BEVERAGE CO. 23959 MARK VII 23960 MARLIN'S TRUCKING 23961 NORTH STAR ICE 23962 QUALITY WINE & SPIRITS 23963 THORPE DISTRIBUTING 23964 SUPERIOR PAINTING CONTR. 23965 AMAZON.COM 23966 CASIO. INC. 23967 LEAGUE OF MN CITIES 23968 MN STATE TREASURER 23969 NORTHERN STATES POWER 23970 APPLE COMPUTER. INC. 23971 SAM'S CLUB 23972 CITY OF TONKA BAY 23973 MARY SCHMITT 23974 BELLBOY CORPORATION 23975 BELLBOY BAR SUPPLY 23976 DAHLHEIMER DISTRIBUTING INC 23977 EAST SIDE BEVERAGE CO. 23978 GRIGGS. COOPER & CO. 23979 HONEYWELL PROTECTION 23980 HAMCO DATA PRODUCTS 23981 JOHNSON BROS. LIQUOR CO. 23982 LAKE REGION VENDING 23983 PAUSTIS WINE COMPANY . PURPOSE PERA DEFERRED COMP PAYROLL DEDUCTIONS CHILD SUPPORT-e. SCHMID UNION DUES TB LIQUOR RECYCLING SEC 125 REIMB SEC 125 REIMB SEPTEMBER SAC MILEAGE/SUPPLIES POP /MISe. PURCHASE TB LIQUOR INVENTORY COMMUNICATIONS REFUND PERMIT-NOT IN CITY MILEAGE MISC. PURCHASE BEER PURCHASE BEER/MISC. PURCHASE BEER/MISC. PURCHASE BEER/MISC. PURCHASE FREIGHT MISe. PURCHASE LIQUOR/WINE PURCHASE BEER/MISC. PURCHASE PAINTING COUNCIL CHAMBERS BOOKS SOFTWARE FOR CAMERA Y2K CONFERENCE 3RD QTR BLDG. PERMIT SIC UTILITIES OS 8 REPLACEMENT CD GENERAL SUPPLIES CRESCENT BEACH EXP /W A/SW PRIMARY ELECTION JUDGE LIQUOR/BEER PURCHASE SUPPLY/MISe. PURCHASE BEER PURCHASE BEER/MISC. PURCHASE LIQUOR/WINE/MISe. PURCHASE QTRL Y MONITORING SUPPLY PURCHASE LIQUOR/WINE/BEER PURCHASE MISC. PURCHASE WINE/BEER PURCHASE Page 1 AMOUNT $2.872.65 1.153.07 1.1 00.77 156.50 139.80 36.35 192.30 135.00 2.970.00 100.49 232.45 177.00 158.84 164.00 8.13 1.129. 18 1,270.35 3.559.05 5.568.90 4.909.60 35.20 579.60 1,008.38 7,972.05 728.00 117.86 22.95 30.00 1.718.38 504 16.55 21.25 82.63 3.654.87 44.00 6.942.34 660.62 632.77 3.763.05 7.908.93 103.25 55.91 11,675.52 1.278.27 601.80 . . CHECK APPROVAL LISTING FOR OCTOBER 26. 1998 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 14. 1998 CK NO TO WHOM ISSUED 23984 PHILLIPS WINE & SPIRITS 23985 QUALITY WINE & SPIRITS 23986 THE WINE COMPANY PURPOSE LIQUOR/WINE PURCHASE LIQUOR/WINE PURCHASE WINE PURCHASE TOTAL CHECKS ISSUED Page 2 AMOUNT $6A66.04 2.428.89 167.70 $90,151.24 '"d II> ()Q CD W :....: ~ .~ i; L: ii- s,:: ~~~ ," f'o.: -~~ c; "-" :-~, _i~ ........ r' ,,_: ~::. ~.; .~ t-.; U) -.'~ t. .: ~-~ '-' ,., ~;.: .~ ,-, #--; Z U) ~....~ j!: ,'_' ~. .: 1._,: u.: ::c ,'_' u; '-; r.....; R~ ..-~ "-" ~.:::~ ;.-.( :z:: ~..... ....." (J ~, ~, _L ~, r' "__.~ .... _!. '"7", '-" . . ~'r-;: (-~ ,.-, f:;: '_' i;: _. ~~ ,,-, n "-' ,,:_: ..: ..:':J~ ~~ __c :3: 3: .,:" ~~~ 3: 3~ .,:' 3: .,:' :3: c~ 1-- c: r-. --~ c: c: n .... ,." _~~ ~L .... :z ~L f ..t-~;'-~I"':--<~_( en .. ,.-~ r. c:; ..- C~ ,..-" ,_: J) -,--. :C; I:~ I> :c~ :C) c:: -~: Ci; ;'"t'~ I ~ : :E .. ........ c; I> ;.-( , . . . j-< . . ;-~ :--< r= C) (-~ c'; c; c:: {'-: u; .... .,' :2: .;" ..' "?.. ~..._ :c~ ~.).; U) U) C); (j) rj:: Ui , ,-, I> ;--0; ~ ; : :E ~::. .-:: I> -.'. ,-, i i-< ;.-..: , . ,,-- ~; i"T: ,...... ~..::, r ..... T C ..-, :1::: '_. l::: :r> c~ tr iT: ........ :E n', C~ C:: _L "-' ,,_. C i:) iT r-- ..l: .,':.; i-' c/.; :"l~ l-"~ ..J..; , r'..,.: ((: ~~, :-;'~ ~-~ ,~. 1" i r: (_'; ,...... .:::::, ." -'-\..; "",: .;:::~ '>~ ('..i '... '.1' ~._;. Cr. ~ _ _}-r ...... "-\..~ ~.' ..-"', CC w~' t ;-,; (i'~ ," ~ -,..> " , "-.' .. .. "-" ~ .,.., 3: ~, rr ~.;.; I::- 3: c; ,~ f.....: ~;;~ c; r ,'~ ..i~ :l) I;: , ~ u'; :::~ ('-; ~.J ,; ~:c .~, .;,..' ~., i.-. ~f":, -;.: ....... .~: ( :~ 'j.. ~; ;'~r, .... '. ~ . t... ~ ~ -l-} C~ "-.' r. .. ~; .; C) !l: ....~.. CJ j.-, ~.; .: C U) I> ~-. ,- ", ,-, J":.: )> ........ ( i"~ c~ r.....; ~ -~, c 1-' " .J: ;-~ -~ ~ '-' ........ ;;:: n', ......... C" .h Ii '-,: 3~ -0 C IT -D "l; ...... iT :3: :-' c 3: ~, C -::.. -;... cc r- r; -' s::' f-' t...) Ct c; '-' . r.....; r.....) ~C:~ (...,; \-.. C:: ..". u"; ."::: Ii: ~::.. (j) c r-- ~...( u"; -', (-' :c. .'0\.; t...~ ~ ->-' ~ .~, ....c ..... ... t~ /~ I> ........ ....... C c:: ,- , Ii 1" ,h r, U"; .. (j) ~J.: U) c:: :-1..: ~:C I;: ~. , , -:r'. :Z} ...: -~ ..-,. tl) ,-- '- -.~, "~"'I. r- ;-. rr: U';. ,.. f-. ....... $7; :z: j"'" rT, 2: S;) ;.-- rT~ :C:. I!: j."(': '_' r-' (-. ;:c -..::.. i ...... I> .....::.; j ~f.j ...;:" :i> u) r- ".2 ,., rn :t} l.i ,,-.. I> :C) -::.:: ,,, c l--< ....w.. ..-t; ..-, ..-.. ~._.: L; "": ("(': ..-, (/; --( s-. :C:. ....-. ~ ..'~ .......'1. U) ~~; ~ ;-~ , . I....; ~-; '~.c ~-~ r-~ r....; 0' ; '. c~ I. ; c~.: :,.-:. f....; ':_ -< i-' r....,; c." ....0 ...' -,. , .~; ;~~ n-' C; ~~, ~(- T) <. u'; ;. ;x '-,},; f'{; ::3:: I> l..}.: rn (;'; w< .0-.- ~:". ~t.' ..-t; J'..,'; ~'.'.J ().: ..., 'I.,:",,: ...' "{.J 0" C r--; U) ;-~ .,' ,-, -:.;.; Ci ..' .-.....R. ~, ~-~ fT: 5;; i rr: ........ -T.; ,-, , , i.._ u'; rr :C} .,~.; .~: r- -,;"I.. :2~ .... f-' .,' ~;. ; w..... ~t... .'~.; ^ (j'; ~; i.P iv.. ". ~ 'l-~ CG t.....; L'.: "',; t).; ~; ;:;.: u; ,.. ::c ~.(w ;--.; (") U) ..(.~ ~-< -r; ,-. ....... {,~ .j,' ~( ...< r' ';,;.; :l> ~:C (p . (:-.: ..' ..' "- .,.., >< r-- {;'; ~-:-.: ........ ,-. , .. 1'-; -;:-:~ E) ......; -~..~ " ~-. ..~.i i"Ti ;.';~; 1'-"; .":: r-n "C: ..l...; ~,-; (/.: ~...; h.! c~ r-; j-....~ r. ~ :....; t....: '.~ .~ ..-\..: r.....: ...... .-...... .". u';. l'-< =Z~ '-' u'; ,.. n"; ~'r': .'''.'' ::: f..) t....) C', ....c . .'~ t..,) u.; :r..; I> ,.., '-' ::z; :C' ,-, I> .....,.. ~--; ;Z; iT: i-< :2: c rc- r.-" 1'':-; c: r-< -D :3: I> 1--< -;0" ,-, , , i--- -( ,-, );.; -" _l.... ""T' /'..; t2'~ ,.....:: r.... '-' ~. ~ :".3 f"'..) r...; -'-\.; .',.; ~~ ~.'..: i.),: ..' .';"R ~ I:} ,'-"', ~""'- ~''''''. :1; :'-~ }-'. , :--.-. ,';. ......~ ~~: u.~ t'::":~ ~.."~ '. ._, >. . j.....; c..: .... ..:....: ~..... (/) --::' rT"; "'-, ;..:....: {._~ ]-~ H: c .,' ......, -.<' '1';""'" ~:...: ,-' ~--; )> :._~ --<: )) ......' t;-~ :'.. t....,; r.... " ......: x~ .L "-' U: ~(.. ~ ; : u; ~'''''' -1"': c'; , , 2: c,..~ if,: ...~' .. I> ~_.: :C:- ,~... (I: ;:0 '-' , , ,-, ..j.. _.w~ ~..... ..' ~, ,,,,\,". jt: :E ........ ....:".i ,..-.. ,- t; __.' ........ :r> :(> ..-.. (Ii- I I> -..... u:; u.: I> ::r.::: .....; H: ::c U:: ;.-.: 1"-'; "T) "C ~l.:; ~--; ~': -c I> >....' .L .... ..... ~); r?:: :--.: wi.: ,-, c: ..,., n i-. ~,~~.' ...... I ~-~ C,', f....,; ~'-- h~ C;.~ c~ .~ 0" c.; <..., ~ .~, > , (;-~ '-' 1._; f'.;.,; ~ ~~ .'-' ......: "'.,~ ~...; """ u.; ;'-" u:: i~: n~ -.j.; c ::"1: ~~ '-- C A; -..... ~..... ..;,.... r:: r-:; -~ I rn C f....) "r: >-< (-~.. t_; I> -( (;') ~;. C~ ~, .; ," ....... .,~ '.G C j.-.: CJ; <: U) L I) C r- C c: 1-' ::: j-( r:; u; ~~ C c C; t-~ '-' '.-: ..ot; n'~ :z ~-" --: ,-. I -,... " 3: r:! ..":.,- ,-. ~.: ; '-' ii"~ )) :3: C c: '1':' ~J ==r ...:: _L _.. -~ - :...; .- i' ::r ~.i :' i/: .' l~ f""': ( ,~ .L '-, ~" '. " ;.j; ....... ~< ~; ,~ ~.t; .-::: ~j : .-" "}-' ~ ; : ~E ... H ~;' t~ ...... (- :3.: ..... ~':'.: !j~ ..", ~'r'; ~,.... T:. -~~ "/; -~. ~~.,. !;"~ ,.. l:: " .....^ -'';;',' ~-,; ,'~,. . '. ;:'~ -~ r.-.\ u; ~/~ :i~ ../" I> t;: . ~ -~~ .. ... ......~ -,...... r ~,; 1:; :t:f u~ "., ~c i---, ,. _,J. u:; I> .:~~ <. :.-.' ;.-.; ~..: ~~r :'..) J"',,:: rl'~ "_~ r.....; "- ,,., ~_.' " ' u; '-' , , )''','' (:: :E .- '-' c: ...:~; ,-' , 1'1'": ~, ....,. -:.", r-' C ;". r, H. I> C~ .s.:; ,,-.. .,-, ~::::::. ',-.' -:;.... ..4..: ~-~ ~< ({; )) "':;r l.-~ i-- ... ..-t.: - ~r'~ ~,....- ~-::" ~:i ';,; -,'; C ~3~ ~, :[:. .~ ; '-' :c~ _ ~ ,'~ ... ".. ~ "';;',; ~-;. ;'~f, ~.J'': r',,: ~ r ""T'; " .... ,._~ en .,' -, :--~ II: U~ _i..> ~":"": I> "- ,-> J._" ...:.,; ~-~ C; 57) rr: L~ ,-, 1._; 2: (;'; ,-" i._; " ,-, ?, C I:: c:: c: ....' ~,.... ~:.." ~--: r--.: -.::~ ~. ..', "':"'~ "''';'' ,.....~ ~A,: . f',-.; " ~'-~ ~-~ :--,; _:'J V) J> tI ,~, I> C) ,,_c -" C; ~x rr: U: ~-" .;..:, ,.....~ {y~ f....,~ -~~ jo-;' u.; ~'J.: .... -;:.r Hi n"; 1-, .'-' , , i ;'~'" ...t; -r'. ~.; .; .,"':..: ,-, ~._.; t" ..J.: r"': .,-\.; }-;' "- -,> :E ',,; : (/l ("%~ .,' " ~ " ,: ..t::: (/: -~, c:: .,';;~.: ".J.; :1: r .... 3:: :c~ ~< ; ~ : ~i''': ......~ C3 ~J ; cc ...:.; j.-~ ~:..., r.., ~ I ~': ~;..:" :.-.; '-' ,. ::r: ~3: ~,.... _t..~ '.j.. ,,;..:~ '. ;"~ ,- i........ ::0 ;'/'.. l!: :~ n": ~' J !.-.. j:~; ,'. ~ .~ " ~-"'. r/~ n ,. A; ,-, ",of ~'-, < , ~::: !:~::: '"~ ,.., ::I -. 4;\. <: .:::. ,., ~'"' ~t..'- .... J.} (/7 ;:c .. ;,; ._. . .. ~_. Ii: -......, ....... _:..... '-' n"; ~.,; .; <~ ;.-.: ~."".. .~ ; ~ _...~ [/~ -.-t,; -~ -. r~- ~ ~~ ~ ~.~ ',~,: ~.:. -~., ':,. ,-' ;:...: "".' "~.' I>I>N . ~:... ~, ~, :C: ,-' ..~~ c5 -..~ .". -: ~),; .::. '-:r ::::. .,'\.~ .,":.; --~ ~:- ~;o.. ~~...... ~._.; '.'-~ ;'~'" '.-./' ,,' , , ,~. ~ ; ; .::- :-1'": ....... .-. f ~. '-.(; 11: k ': _~~ '" '-' - j....: "- ~...~ i._~ :~.: .-, , , " ~-, -. , :::- :3" I:;'~ '.,): :Z~ ".;; .~" :'l.~ . ,'.: -~} " '. "-' :-.-t.; _..:t 2: u'; '. ' 4.~.. .V' :2: u; ,~ 1'> ~) ; H~::. ,~ ~-; f.....; r-~ ~~~ r~_ j?-:; :E ;"1"" ~.; .: (Ii u; i:1'~ ....... ..... (J; ""' ...... J> ........ ..: ~ .,.... ,.':'.'; ... ~~'. ;._, ~._. !.-.; , . ~i: ::::'. _.:.:. ::r "t'.;. l~; IT :E "~': u.: u; u; -,- ....... U: ~-::: :2~ :~. i:: .,~; 1--;' n_ ~.' ~'" ': L._;' , -~~ c.: ::-;:~ -:::.... " ,~, I> :I -'.;". l"-" .".... -~,.' ~.;.: '-' l..) ~~': ." ...... <: CD ~. .~ r' f,; .-"..~ 1-. J --, -~- .. r '.:J.: ~._.; .1: (~:: ,I .,. \{ (}F ~3f-t(JFt:E i,/,,i (JC! [) r~ !.:; ~~~; h: (J 'v' :~:~ L. L L '::3 T. F (J C: . i ,.~:' ~~) ,.. .J. C:tjlJi"'~C:.1 L t:I~E~(~;KU: VE~N[)(~)f;~ i~A~ll~ iJE :3(~:'h: J. FJ .!. ..f ()f"'~ (:~ l)[i.)'i' ..~.__...~_...~....._' _......_...._._.......~.__..__..-_.._._.._._.__.".._...--...-.-.... --.--_._..__..~._._._--_._.__.._._._--.-.- ---.....---.-....-- .._._......_............._._-~.- :~;~ f'''1 (j lJ r....! 'j . . ~'" ' .... '~". . ~~: ,,: ~ I.,) ,~:': t~ 'J' ()i""'{}<.f:;~ .......... ',' '. ,',. -.' '. '_";_ ,..'.r.. 1") t-r.: .J. r',{.! J. r"~ !..:~ t... \J ,~ i...;:~. r TE:F?HE(~i) fl',i ({ or E f? T L~ ~:~; T I i"',~ C~ :l4021 !'W.li~ C_I'I"YWA'I'Ef~ CL.INiC b t. . [) (~~'~:~; l.J F; !~~) t.. I i::~ ::.:: F f;':E E i""jr::{f~',! [)F: 1 i"'!~<, .L j',.i!: F ()L.!f"'~ 'r ;~;~ I ..-. .... ........ .... ..~ m' ... w,w,. (~r~AIN(~ER~ .rN(: :z c.'{. () ~.z!.:.'i il',i f:::: 'f' i::: Fo;~ !~J Ft:~ (J F F~:i:::.F i'''lf;~i''',~ il..i(~ ..i' .' 1:.1. I j ;:~;~ j.) 1,"',1 i::: :::: 1 '., J ! I ;.-. f;~: E iJ I j'liI >( L j"",~ (~: ..z /{. () ~S.l Al.J(~'-SEP'I' E~N(~ t~t:~t~li_l_ ",......, .',', ,," ... -................." .. .,.....-.... 1,1',' ~:> i::~: ::.~ ,...! L.! ::.~ :'.:; ::.::' ~) l... .J. r,~: It:: :.:) ., , '''''. '''. .... ~'-. ... ,'" " '~". '.' '- ,,'" Hul~--~e~! e!~l~,l!~t l!~l;~ ["H_)t.:~ Sf'''!.1 T i-I T C!l.....ii.,.~./.L-) . . . ~"- ,,' P. " .., ."" ..... ,. ':~)\;~ t"lV',l -"( /1::: '-l ;'"' ;"-il '.'" . l-'~ j .! ".' ". ..,'.. -'-,'-, ;.,.! }tJr"{ 1 ;:-"1 ! ;'-.~ :~:~,:: i.)'j .-) T C)h:!"'l i/.,1{::;: !.- '~( f:::r".H~~ s .,. F:f.:~;l.jE~Eh:h:\/ ; !".~ E.i...~l~~ .y...-\'--" r () T ({t (J h: i,l..i :_3 !:~ (:{ j"'.,.! i) J ::.~ f !::: ,.) (~ i""'~ j....! iJ ~:~ L. '. ," ,'" '. ~.' '-... .. ,.... ,P._, . .' .'"'. 1'" t::. r"! tj i:::. r~~ ~') :"; _!. ;.... VERAGE~ H,) Aj~NUAl.. !1~~~j6ERS~i.1P i~)ljE~; [)lJ E ~:,~: 24()32 MN Mt.jNI(:.I~)AL_ (~f~.~ i''''~ lJ r::~ L . ~ .... '. . ~'-, .... ."'. ~"-' . .~ .--'. !.,,~ !::~ r"'H:~; i::: ~--;: :'.) t'"; -'. 1'.' ~~~ 'i'(J'!'AL f::OR MN MlJ~f,ICI~)A!_ ..\,.:hA' TOTAL CHECKS FOR APPROVAL ,,,'>"\' TOTAL CHECK APPROVAL LIST Page 5 t') i. j E ~'_~' "/ i':: !' :'c,{ t.;~ (:~ i::: j",{ (;~ (J \/ -, V..i:~:{ ; Lit. ',_... L 1 '( C~{~h: .....- .......... <, .............. t: !".{ ~.~ _1- r"{ t.. ~~:: ;".~ f-:) F,~ ().J E I~~:: T :::' t.. ~ {. ',; '::., :~::) 1 " ,:< '-:~ /~.(:~() ()() -':.:'/i.i"', ',:':'~\;'/ .'.. I ',_,' ':; __~. ',._" ,. 330,338.74 '.::, .; .:.~\ (:~. (::!' ()( ) t ", :--~~ ''-'. r '.,.... ,.__..... i ''/ ~;" ":':: i';. .,.'.~ . ..,,' .', ~'4 , .; :--i/~,_') '.::, " -. ,.' '~ .... ',.. 1 ")'j '_:~' ~~;!t:) '2 " () (:,,i' ,. () () .. ,~ .1 ':;.t.).. )' ~:~ , ., '.;, () "/ '~ {:' ~:<~: ,. ..:{. (. i' ,.,:i )' ':;" . ..... .' ", J. ,.. .:. !~) _'- t) / 1 <.l(,. t>,I .1. /i. ~'-"" !> ~~::. * :2: 3: n * 0 :c. 0 * 2 3: * .... C "'0 ." Cl D C lI> C m r OQ (/) m III :c. n AJ r 0 I 0\ C;') T: m Ii * n I * Cl A m * IT: Cj) n * -0 A 0 (/) (j) ,-< hi .... ....0 " +> (1' .... Vi CO t-J ...., C (Ii (r. '0 hi a; , (~ '.0 l>,: <:~ () 00 .: -";,~j~<t~'~ ,~I:: . . ~ -'Ii nnnnn3:nnnnn3:3:nnnnnnnnnnnnnnnnnnnnnnnnnn ~i OOOOODOCOOOD>>OOOOOCOCOOCOOCOOOCOOCCOOCO "'Om 3:3:3:3:3:23:3:3:3:3:223:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3:3: mn ;:1:; ............................................................................................................................................................ 000000000000000000000000000000000000000 ............................................................................................................................................................ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~~~~~~~.~ 00 corooococo coco 00 ro co coco co 00 co co co co co coco co co 00 co co 00 co co 00 ooro co co 00 00 00 co ~~~~~~~~~~~~~~NNNNNNN"""""""""""""""""""""" (r.~N~OO~~~~~(r.~....o~~coro(r.~....~moo~~~(r.~~""""~~~N""H"" ~~~O""OONOOOOOOO""oOOO~O~""OOO~~""C~~~ONN~"""" (r. 0 0 0 u' () .... ~ C c: c: C C q 0 C ~ 0 0 u' 0 .t; 0 co.... U' 0 C 0 C .C C 0 ~ vi C ~ 0 ~m~n3:Dm3:cn~mr~m~~L(j)3:~AmC~m~L"'O"'OA~~nDOOIrn m~OI....r~DDIO~DIAJCDocc....m~IT:m~~DDDD~~I2cm>>o mOZ~nD""~Z~(J)>>~mDOO(j)(j)(j)rrr....ZT:....03:3:~~....>>Dm(j)>>~2 mn ....I2D~........mC~AJCl(J)CmDrrrnZ~D~mm~Irli~mD~~z nA~OOD 2....moo"'Qrmmrm2"'02~....~D....~Z oor....rD~rrzIm.... n · ,"",mt:.., "r~Im:ZCj)mr- I :c. vim 3: :c'nm rn:c. mzm :C>D or", 3: C ~n:c.~r~ :ICl3:T:~ ~C. n ....rn~::I>vi m;un "'0 . :c>.'-''''Om rn . -eJ" .. c . (..,:(>Z.' 3:' me J> (J)I~ ,. I' ~ r'~~. il .:(> 00' :c. "'Om.:::t) m .D... .... :u:C> I .:(> oo....~ o~ ~, r rr ~I L<I" mT: m ~n ro~~ "'0 crDD OD~ DmCI ~c nc m '""'DmmAJmmm:C>LDZ Z3:3:ZC~~~(J)IoLAoo~m creOIOO>> :c.~~. CA::tJOOZ, t...,....Z:c.:c.:c.cm~-iomZImm 3:r-I:I:cr-Drrroov') ~Z T: ....(j)c Dm....J>(J)~ omm(J)"'O zzr rmm~m<m m~~ <11'1 T: lirJ> 2rnooo~ ~~AJm:I OO(J) ....rm~.... no~ .... OOIT: Amr"'OCoon 20 (J)2Z"'O(j) om zmm (J) I~:::U Z nz AJrCDmC Z AmmIO 2Z mm~ ~2 ID CAZ3: ....AJAJoo2 oo~ D 3:n 20m ....I c 2 2 C m ;u NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ............................................................................................................................................................ ~~~~~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~~~ ~~~~,~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~ mmm~~~~~~~~~~~~~~~~~~~~~~~~~~~~(r.(r.(r.(r.(r.~~~ N....o~m~~~(r.~~~~N....c~m~~(r.~~N....C~m~~(r.~~N....o~m~ ~ ........ ........ N~~~.... mm....~....~~ NOO~N~ ~~.~ ~~~(r.(r.Nm~G ~N (r.mm(r.m(r.~~mm....c(r.cG~~~~~NN~........~(r.N....No~mm~~~N.... ~~N~~O~~~....~~....~~(r.N~~~~(r.~~OOO~~CON~~(r.~~NH........ I J 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 I I I I I NN~~(r.....N~~~N~~~~N~~~~~m~....~~CO~N~~m~~~~(r.~C ~m~....0(r.0~....~(r.....~~~(r.~(r.~N(r.(r.~~~....OO~~~N0N~~m~m c n :c. I m m n A rn Z 3: C "'0 3: 1- m 0 Ii rn -< :;:() nl :r: m m Z :I> n :3: m ;)\; :u rn >>) .... t)) m :u z c n :! :1: iJ} iT: iT: n :;:() ;~ :c~ 3: n 0 I c: m 2: n ^