032398 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 23, 1998
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Dahlberg_
Stover _
McCarty ---:.
QtNeill
Garfunkel_
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes February 25, 1998 (Att.-#2A
Minutes)
B. City Council Joint Work Session Minutes March 2, 1998 (Att.-#2B
Minutes)
C. City Council Work Session Minutes March 7, 1998 (Att.-#2C Minutes)
D. City Council Regular Meeting Minutes March 9, 1998 (Att.-#2D Minutes)
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3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein: .. J~
A. A Motion to Adopt a Resolution Approving a Biennial Gambling License
for American Legion Post #259 (Att.-#3A Proposed Resolution)
A Motion to Approve an Extension of a Deadline for Recording a
Subdivision (Att.-#3B Planner's Memorandum)
Applicant: Charles Oberg
Location: Christmas Lake Point Properties
C. A Motion to Adopt a Resolution Approving a Temporary Gambling License
(Att.-#3C Proposed Resolution)
Applicant: Southshore Center
Location: 5735 Country Club Road
B.
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4 . MATTERS FROM THE FLOOR (No Council action will be taken.)
5 . PARKS . Report by. Representative
Report on March 10 Park Commission Meeting (Att.-#5 Draft Minutes)
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CITY COUNCIL AGENDA . MARCH 23, 1998
PAGE 2 OF 2
6 . PLANNING . Report by Representative
A. A Motion to Adopt a Resolution Approving a Conditional Use Pennit for
Shorewood Nursery Renovation (Att.-#6A Proposed Resolution)
Applicant: Brian Pipkom, Akom Services, Inc.
Location: 23505 Smithtown Road
B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a
Conditional Use Permit (Att.-#6B Planner's Memorandum)
Applicant: Minnetonka Country Club
Location: 24575 Smithtown Road
C. A Motion Directing Staff to Prepare a Resolution Approving a Preliminary
Plat - Mary Lake Addition (Att.-#6C Planner's Memorandum & City
Engineer's Memorandum)
Applicant: O'Dell Tinnesand
Location: Yellowstone Trail
D. A Motion to Approve a Sign Permit (Att.-#6D Planner's Memorandum)
Applicant: A Lapointe Sign Co. (on behalf of Nail Gallery)
Location: Waterford Shopping Center
7. CONSIDERATION OF A REQUEST TO WAIVE PENALTY FEES
(Att.-#7 Letter of Request)
8. CONSIDERA TION OF A REQUEST FOR SHOREWOOD TO JOIN
THE EXCELSIOR AREA CHAMBER OF COMMERCE (Att.-#8 Letter of
Request)
9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ESTABLISHING AN AD HOC COMMITTEE ON LAND
CONSERVATION (Att.-#9 Proposed Resolution)
10. ADMINISTRATOR & STAFF REPORTS
Staff Report on Development Monitoring
11. MAYOR & CITY COUNCIL REPORTS
12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12)
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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
Executive Summary
Shorewood City Council Meeting
Monday ,March 23, 1998
Agenda Item #3A: This resolution authorizes the issuance of the gambling license for the American
Legion Post #259. Upon renewal, this is issued by the City every two years.
Agenda Item #3B: You may recall that several months ago, a number of Christmas Lake Point
residents, represented by Dr. Charles Oberg, received approval from the City to rearrange
various boundary lines between their properties. Delays in their survey work have resulted in
their requesting additional time to record the resolution approving the rearrangement. Staff
recommends approval of the extension as requested by Dr. Oberg. Approval requires a simple
majority vote by the Council.
Agenda Item #3C: This resolution authorizes a temporary gambling license to conduct a raffle on
July 27, 1998 by the Friends of the Southshore Center. This is a fund raising effort for the
Center.
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Agenda Item #6A: Staff has revised the resolution approving a C. U.P. for the rennovation of the
Shorewood Nursery property. Since there was some disagreement as to how far a fence
should extend down the east property line, two versions of the approval have been prepared for
your consideration. One requires a fence along the entire east side, starting at the front setback
line. The other limits the length of the fence to the front of the adjoining building. Please pick
one. The C. U.P. requires a four fifths vote by the Council.
Agenda Item #6B: The Minnetonka Country Club has requested a C.U.P. to expand the main
ballroom in the existing clubhouse facility. Consistent with staff recommendations, the
Planning Commission voted unanimously to recommend approval of the C.U.P. Council
should direct staff to prepare a resolution with findings of fact for the next meeting. Approval
will require a four fifths vote by the Council.
Agenda Item #6C: After considerable review by the Planning Commission, O'Dell Tinnesand's
engineers have submitted a preliminary plat that complies with the requirements of
Shorewood's development regulations. The most significant hurdle involved draining the site
across the adjoining property to the north. The applicant resolved his problem by purchasing
the adjoining property in order to obtain the necessary easement. The Planning Commission
voted unanimously to recommend approval of the preliminary plat. Council approval requires
a simple majority vote by the Council.
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Executive Summary for Council Meeting March 23, 1998
Page 2 of 2
Agenda Item #6D: A Lapointe Sign Company has requested approval of a sign permit on behalf of
Nail Gallery at the Waterford Shopping Center. The sign itself complies with City
requirements, however, several sign violations have been noted at the Shopping Center. The
Planning Director recommends approval of the sign permit, subject to correction of the existing
violations prior to installation of the new sign.
Agenda Item #7: This is a. request from Mr. Paul Eidsness, owner of the property located at 5590
Timber Lane, to abate and refund a late penalty on his utility account. The late penalty resulted
from renter who did not pay the utility charges by the due date. A memo from the Finance
Director which explains the situation is included in the packet.
Agenda Item #8: This is a letter of request from Betty Dunne, Executive Director of the Excelsior
Area Chamber of Commerce, requesting the City of Shorewood become a member. This
would cost $120.00 annually, plus a one time $25.00 capital fee. The City of Shorewood has
not responded favorably to this request in the past.
Agenda Item #9: This resolution establishes an ad hoc committee on land conservation. This
action is a result of discussions held at the March 16 City Council work session on open space.
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
WEDNESDA Y, FEBRUARY 25, 1998
MINUTES
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
1.
CONVENE CITY COUNCIL WORK SESSION
DRAFT
Mayor Dahlberg called the meeting to order at 7:10 p.m.
A.
Roll Call
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Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; City Attorney John Dean
Administrator Jim Hurm; Engineer Larry Brown; Planning Director Brad Nielsen
Councilmembers Stover and McCarty
B . Review Agenda
The agenda w~ approved as presented.
Absent:
Present:
2. DISCUSSION ON CONDUCTING POLICY SURVEYS
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Mayor Dahlberg stated he is convinced one of the best methodologies in conducting policy surveys
is the agree/disagree approach since it has the tendency to reduce systematic error. He stated the
purpose of the survey would be to measure attitudes and values.
Councilmember O'Neill suggested an every other year survey to be completed using the services of
professionals. Mayor Dahlberg noted his agreement and felt it would be useful to ask residents if
they feel the water policy is unstable. He also suggested ascertaining the community's feelings
relative to policies which are decided on a yearly basis.
Councilmember Garfunkel felt key performance questions should be included in the survey and
these questions would be included in every survey which is completed in future years.
Administrator Hurm suggested the survey address administrative as wen as policy questions. He
also felt the survey needs to tie in with the cycle of the Council so information is available at the
time when the Council is making decisions relative to the priorities to be completed.
Mayor Dahlberg gave an example stating that five different s~rveys, containing five questions
each, could be sent out to five true random samples of the community which are totally distinct,
and those results could be combined fairly reliably.
Hurro pointed out there is . a meeting scheduled for April 6th to discuss this issue further. He
suggested Decision Resources be invited to this meeting to discuss the survey. Mayor Dahlberg
stated it would be his preference to have the survey ready for use by the end of March. Hurm
stated he will rearrange the work session schedule to address this issue in March.
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CITY COUNCIL WORK SESSION MINUTES
FEBRUARY 25, 1998 - PAGE 2
3. DISCUSSION AND REVIEW OF 1998-2002 CAPITAL IMPROVEMENT
PROGRAM IMPLEMENTATION
A. REVIEW WATER ORDINANCE AMENDMENT AND POLICY
Engineer Brown reviewed the proposed water ordinance amendment and policy. Hurm noted there
will be two new policies, the new City Code as well as a separate policy which discusses the
current City Code. Brown stated this results in an ordinance and a policy.
Attorney Dean explained a great deal of the ordinance will be eliminated since the Council has
arrived at a concept which does not require many of the existing provisions. Attorney Dean
reviewed the provisions which have been included in the proposed ordinance.
Mayor Dahlberg asked if a property owner currently connected to municipal water would have the
option of drilling a well on their property so long as it is not interconnected to the municipal
system. Planning Director Nielsen confirmed the proposed ordinance would permit property
owners to drill wells.
It was noted in section C-3, the wording should be changed to reflect the pressure reducing valves .
are to be "purchased" rather than "obtained."
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Attorney Dean explained if a 35 percent petition were received by the City, the group would come
before the Council for consideration. If a 100 percent petition were received, there would be no
need for a public hearing and the Council could proceed directly to the feasibility study.
With respect to ordinance amendments, Attorney Dean explained when an ordinance is amended at ,
a City Council meeting it must be preceded by a publishing of the agenda notifying the public of
the items on the agenda. There is no public notice which is sent to individual property owners.
Hurm inquired whether there could be a requirement for a public hearing. Attorney Dean stated a
provision could be included requiring any amendment to this ordinance be completed at an official
public hearing preceded by a notice. The Council would then need to determine the notice which
will be required.
Mayor Dahlberg suggested this amendment be made to the ordinance. Councilmember Garfunkel
asked what type of notice the Council will require. Hurm suggested ten days prior notice.
Councilmember Garfunkel felt it should be something more. Councilmember O'Neill noted his .
agreement. Councilmember O'Neill suggested a mailing, however, Attorney Dean pointed out
mailings can become quite expensive. Councilmember Garfunkel suggested including a mailing in
the City newsletter. Mayor Dahlberg suggested including in the ordinance amendment that the
notice/announcement must appear on the front page of the newsletter as well as being published in
the local newspaper.
Attorney Dean requested the Council review the provision relative to deferred assessments and
advise him of any input they might have on this issue. Councilmember Garfunkel felt this to be an
option which should remain in the ordinance.
With respect to assessments, Engineer Brown explained newly created lots would pay a $10,000
connection charge minus anything which has already been paid as an assessment.
B . REVIEW STREET DESIGN POLICY
Engineer Brown addressed the street design policy. He noted the matter of Strawberry Lane will
be on the upcoming Council agenda. Mayor Dahlberg commented the current intention with regard
to Strawberry Lane is to perform a reclamation with the addition of draintile.
CITY COUNCIL WORK SESSION MINUTES
FEBRUARY 25, 1998 - PAGE 3
Nielsen reported several residents on Strawberry Lane had requested the addition of barrier curb
given the parking situation near the school. The roadway is narrow and when there is an event at
the school, cars are parked off of the paved area and onto the residents' lawns.
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Mayor Dahlberg did not feel there would be support on the Council for curb and gutter at this time.
He suggested sending the residents a letter outlining the plans which have been agreed upon.
Nielsen suggested this may be an appropriate topic for an open forum.
Brown explained there are a number of drainage problems on Strawberry Lane which will be
diminished but not eliminated with the addition of the subsurface drainage. He felt in new
subdivisions it will be necessary to utilize either ditches or curb and gutter to address drainage
problems. Councilmember O'NeilHelt this subject would be better addressed when discussing the
stormwater management plan.
Brown pointed . out streets without ditches or curb and gutter come at a price. Mayor Dahlberg
stated he would be willing to go to any neighborhood in Shorewood and point out to them that
preserving the look and feel of a neighborhood comes at a cost. He felt confident the residents
would be willing to pay a higher price to retain their neighborhoods. Mayor Dahlberg felt the
additional cost ~ver a period of time is a part of the cost of living in Shorewood.
C. OTHER IMPLEMENTATION POLICIES
There was no further discussion on policy issues.
4. ADJOURNMENT
O'Neill moved, Garfunkel seconded to adjourn the City Council Work Session
Meeting at 9:05 p.m. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
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Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
CITY COUNCIL/
PARK COMMISSION MEETING
MONDAY, MARCH 2, 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CONVENE CITY COUNCILIPARK COMMISSION MEET
n JU. ... II ~V
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1.
Mayor Dahlberg called the meeting to order at 7:03 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers McCarty, O'Neill and Garfunkel; Park
Commission Chair Puzak; Commissioners Colopoulos, Bensman (arrived at 7:06
p.m.), Dallman, Arnst, Themig and Cochran; Administrator Hurm; and Mark
Koegler.
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Absent:
Councilmember Stover.
B.
Review Agenda
Mark Koegler was in attendance and explained the process which was discussed at a previous
meeting and followed thus far relative to the issue of parks and trails in Shorewood.
The group devised a list of information they would like to see as a result of the survey.
1 . Does the community want a trail system?
If so, what kind of trail, integrated or neighborhood and point specific.
2. Can/should a trail system be implemented with neighborhood opposition?
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Issues need to be defmed in order to be able to engineer around those issues.
Neighborhood opposition/support needs to be determined.
With respect to Park completion, what do the residents want in the
parks?
4 . What types and kinds of trails are acceptable in terms of bituminous trail,
turf trail, etc.
3.
5 . What is the perception of the community relative to the benefits/threats of a
trail to the community.
6 . Improve communication/input from the citizenry.
Mayor Dahlberg questioned whether it would be logically possible to ascertain whether the
community wants a trail without knowing what the trail is going to be.
Commissioner Colopoulos felt the response will be no if the residents are not sure what they are
being asked. Mayor Dahlberg stated his belief the residents want trails as long as the social and
economic costs are acceptable. He also felt residents would not be opposed to an integrated trail
system if the social and economic costs are again acceptable.
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CITY COUNCIL/PARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 2
Mayor Dahlberg felt this survey process to be product research rather than policy research. He
was uncertain the question of determining whether or not the community wants trails can be
separated from describing what type of trails. Commissioner Bensman stated her belief, should
the indication be to go ahead with a trail plan, the City will not be dealing with a single product, but
rather a range of different treatments depending upon the situation.
Commissioner Puzak explained when this issue was initially discussed, it was not discussed in the
context of policy or product research. The Commission discussed going through a process which
was first visionary, proceeding to a mission statement to build or not to build. From a vision,
there would be goals. The goal would be to allow persons living in any neighborhood to get to the
closest park without having to cross two streets.
Mayor Dahlberg was uncertain whether the City will obtain clear and precise results utilizing this
framework. Commissioner Puzak did not feel he could use the product research method since he
is unfamiliar with it. Mayor Dahlberg noted product research is about acceptance and change.
Councilmember O'Neill asked how to perform product research without having a product. Mayor
Dahlberg explained it can be accomplished through product concepting, conjoint analysis, and
focus groups which review the product concepting. Councilmember O'Neill felt this would be .
designing a proauct prior to the community's indication whether they want trails or not.
Commissioner Bensman felt the citizen review group could be that focus group, however, she felt
the process described by Mayor Dahlberg would involve a substantial amount of time and money.
Mr. Koegler stated his impression the City did not want to depict various scenarios for the
residents to react to, but to first try to understand in a qualified way what they want to see. Mayor
Dahlberg expressed concern this may not be the approach to get the City to where it is going. Mr.
Koegler commented there may be a variety of approaches which can be utilized.
Commissioner Colopoulos asked how this survey information can be integrated with prior surveys
and petitions which have produced certain data. Commissioner Arnst stated she is very
comfortable with the process. The residents are given numerous opportunities throughout the
process to have their voices heard.
Mr. Koegler commented there are many pieces of information, including the prior surveys and .
petitions, which the citizen review group will be provided.
Councilmember Garfunkel did not feel the community had been involved as a whole in the
community forum which was held on February 19, 1998. He noted approximately 75 percent of
the residents who attended the forum live west of County Road 19. He felt there could have been a
better way to get the community involved rather than sending them a postcard.
Commissioner Bensman pointed out that in addition to sending the postcards, the meeting was
noticed in the Shorewood newsletter as well as the local newspaper.
Mr. Koegler stated he had suggested a round of invitations, however, this was deemed to be
inappropriate due to concern this would be showing favoritism to one segment of the community.
Mayor Dahlberg stated the methods which are used must be valid methods. He felt true random
samples to be essential.
CITY COUNCIL/PARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 3
Commissioner Puzak explained the Park Commission made the decision to send postcards to the
community. This issue was discussed at length, the pros and the cons, and at the conclusion of the
discussion, there was consensus.
Mr. Koegler felt a reasonable turnout had been obtained. The purpose of the meeting was to gather
citizens to give their thoughts and ideas and also to see who the interested citizens are. He
suggested there may be candidates for the citizen review group which could be obtained from the
public forum attendance list.
2. REVIEW FEBRUARY 19, 1998 OPEN FORUM RESULTS
Mr. Koegler reported on the February 19, 1998 Community Meeting as outlined in his summary of
this meeting.
Commissioner Themig reported he felt there was concern among the residents attending the open
forum relative to the threat of a trail system.
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Commissioner Cochran noted a number of residents had expressed regret at not being able to
attend the meeting and felt this to be an indication there will be future support on this issue.
Commissioner Puzak felt the closer the City gets toward a concept and a design, the more input
which will be received.
Mayor Dahlberg questioned how the group will know they have an answer. Mr. Koegler stated
the Commission is attempting to provide that answer in a packet of information which will not
eliminate the Council making the final decision. The Commission will provide the Council with a
recommendation, a base of knowledge and a base of input to assist in making that final decision.
Mr. Koegler stated it is important the process has integrity and the process has had meaningful
opportunities for the residents to supply input which can be figured into the decision process.
3. DISCUSSION ON MAKEUP AND ROLE OF CITIZEN REVIEW GROUP
Mr. Koegler stated the Council must be comfortable that the citizen review group is a body that can
provide a recommendation. He felt a target number would be 12 participants and suggested each
. member of the Commission and the Council identify one person to participate in this group.
Mayor Dahlberg suggested a random sample of the community by sending an invitation to
approximately 100 residents and then accept a set of those individuals who wish to participate.
Mr. Koegler felt this would work very well since the group should not be tailored to any specific
viewpoint.
Mayor Dahlberg stated once invitations have been sent he would be willing to make telephone calls
to encourage residents to participate. Mr. Koegler felt the suggestion of a random sample to be a
good one, however, he would not be in favor of telephone calls.
1tIr. Koegler asked who will determine which of the responses will be selected to participate in the
review group. Commissioner Bensman stated the Commission will need to be specific relative to
the time commitment involved and what is expected of the group. It will need to be articulated very
specifically what they will be expected to do.
Mayor Dahlberg suggested starting with 50 invitations and the process can then be repeated if
necessary .
CITY COUNCILIPARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 4
Commissioner Puzak noted there are still numerous opportunities for community input by way of
public hearings which will be held.
4. REVIEW DRAFT SURVEY QUESTIONS
Opening Paragraph
Councilmember Garfunkel requested the greeting be made more specific relative to park and trail
issues facing the City rather than issues in general. Commissioner Themig was opposed to using
the word "issues." Commissioner Colopoulos suggested changing the language to state, "this is a
random sample of residents to get your opinion about parks and trails." Commissioner Puzak felt
the name of the survey company could be deleted.
Commissioner Bensman felt all questions relative to demographics should occur at the end of the
survey and it was agreed Question 1 would be added to those questions.
Question Nos. 2 through 8
Commissioner Bensman felt Questions 2 through 8 could be deleted because they are irrelevant to .
the subject at ha'hd. Mayor Dahlberg and Commissioner Puzak were in favor of retaining Question
3. It was the consensus of the group to eliminate Questions 2 through 8.
Question Nos. 9 through 15
Commissioner Bensman suggested using the word "average" rather than "only fair."
Commissioner Themig commented this information is being obtained through the questions which
follow. It was agreed Question Nos. 9 through 15 will be integrated.
Question Nos. 16 through 24
Commissioner Bensman suggested adding the LRT to the list of items reflected in Nos. 16 through
24. Commissioner Arnst suggested Crescent Beach be included as well. Councilmember
Garfunkel felt adding the LRT may be confusing. Commissioner Puzak stated there have been
discussions relative to the LRT in the past and Hurm felt it would be important to identify the trails
which are being talked about and make it clear the LRT is not what the City is addressing through .
this survey.
Julie Dahlberg was in attendance and suggested referring to a potential trail system as a "shared use
pathway" to avoid confusion with the LRT.
With respect to the introduction paragraph to Item Nos. 16 through 24, it was the consensus of the
group to reword this paragraph to say, "Are the following things valuable to you in our
community?" Hurm related his understanding this section of the survey is not park specific. The
purpose of this section is to determine what facilities people will use if they were available in a
park.
Question No. 25
It was agreed Question No. 25 is acceptable as proposed.
CITY COUNCIL/PARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 5
Question No. 26
Commissioner Bensman stated Question No. 26 is not germane to the issue at hand and she felt it .
should be deleted. She commented it is a hypothetical and too complicated. Commissioner Puzak
commented this question will reveal the amount of protection which should be provided on the last
25 acres of land.
Commissioner Arnst remarked open space is not preserve.d for active recreational areas such as ball
fields, but rather it is developed.
Hurm pointed out the Comprehensive Plan does state the City will not obtain more park property.
Mayor Dahlberg suggested rewording the question to ask how the resident feels about preserving
open space as a dimension of the trail system.
Commissioner Puzak also suggested rewording the question, but not deleting it from the survey.
Mayor Dahlberg expressed concern relative to the label "open spaces."
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The consensus of the group was to have the question reworded while maintaining the essence of
the question.
Question No:' 27
Commissioner Puzak suggested "How much would/does a trail system impact your enjoyment of
the city?" Mayor Dahlberg questioned how a respondent to the survey would be able to measure
the impact of a trail in the abstract.
Commissioner Arnst requested the word "impact" be changed since it is negative. Councilmember
Garfunkel was in agreement this question needs to be reworded.
It was the consensus of the group to reword the question in some form for further review and
consideration.
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Introduction Paragraph - Question No. 28
It was agreed the paragraph prior to Question No. 28 is a valuable question, however, it needs to
be rewritten, striving for easy to understand terms. Commissioner Colopoulos suggested, "In
considering development of a trail system in the City, one option might be ..." Councilmember
Garfunkel felt the wording of the question should be very generic and abstract.
Question No. 29
Commissioner Arnst felt the reference to five to eight feet should be deleted from Question No. 29.
She felt this would give the impression pre-planning had been done in this regard. Commissioner
Puzak questioned whether this question is needed. Mr. Koegler stated general information is
needed relative to the issue of on road/off road.
Commissioner Cochran expressed concern residents will not realize how wide a trail could
potentially be. Mayor Dahlberg felt the question may be irrelevant at this time.
Mr. Koegler explained this information will be of value since it will give the Citizen Review Group
an idea of where there are more concerns. Councilmember O'Neill pointed out this could be
influenced by the layout of a particular neighborhood. He also felt this question to be premature.
It was agreed this question will be conditionally removed.
CITY COUNCILIPARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 6
Question Nos. 30 through 36
It was agreed to add Question No. 36-A "Other"
Question No. 37
Commissioner Puzak felt a question should be asked relative to how a resident would feel about a
trail the closer it comes to a resident's home. Commissioner Bensman felt the measurement of feet
should be changed to a measurement such as one block, two blocks, etc. Commissioner Puzak
agreed stating the wording is unfair since it presupposes the resident will use the trail. Mayor
Dahlberg felt this question should be reworded.
Question No. 38
Councilmember O'Neill noted it is the position of the Council not to design a trail to which there is
neighborhood opposition.
Commissioner Bensman suggested perhaps the proximity question could be asked in another way.
She felt it important to find out how residents feel about a trail, the closer it comes to their
property.
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Councilmember O'Neill pointed out only a small percentage of the population in Shorewood would
abut a potential trail, since a trail would not be on every street. He felt the question would not be
valid for the general population of the City.
Mayor Dahlberg commented if support of the trail is a function of proximity, there may be a need
for additional branches to it.
Councilmember O'Neill suggested adding language which makes the point this question is a
hypothetical. It was agreed to keep this question, however, it should be rew6rded.
Introduction Paragraph to Question Nos. 39 through 41
Mayor Dahlberg stated he will not make a decision based upon subjective estimates of safety.
Commissioner Bensman felt this question could be asked in a neutral manner. She suggested
using a list of neutral issues such as safety and land use. Commissioner Puzak suggested a .
question relative to whether trails add to the safety of the community. Mayor Dahlberg expressed
concern the resulting data would constitute a subjective estimate of safety.
Question Nos. 39 through 41
It was agreed to delete Question Nos. 39 through 41 since they can be pursued at some point in the
future. Commissioner Puzak suggested a question regarding the resident's perception of benefits
and/or threats of a trail. He suggested the resident be provided with a list of issues to choose from
such as safe/unsafe, convenient/inconvenient.
Mr. Koegler inquired whether perception is important. Mayor Dahlberg felt this to be an important
factor. Councilmember Garfunkel felt perception would be important at some point in the future.
It was agreed Mr. Koegler will work with the perception of benefits and threats. Mayor Dahlberg
suggested this be an open ended question.
CITY COUNCIL/PARK COMMISSION MEETING MINUTES
MARCH 2, 1998 - PAGE 7
Question Nos. 42 through 51
Mayor Dahlberg stated he is opposed to the intrusiveness of any income question. It was agreed
Question No. 49 will be deleted.
Councilmember Garfunkel pointed out the option of "none" should be removed from Question No.
44.
It was agreed to delete Questions 47 and 48 based on the feeling occupation and home ownership
is irrelevant to this survey.
Mayor Dahlberg inquired whether there is any concern relative to Question No. 50. Commissioner
Bensman felt this item should remain, noting this is not a question which is asked, but one which
is answered by observation of the caller.
Commissioner Colopoulos suggested given the costs involved, there should be some prioritization
to determine where a trail plan ranks among other issues such as green space purchase.
Mr. Koegler stated when the survey is returned to the group for further review, Decision
Resources will be present to discuss any questions which might arise.
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.
Mayor Dahlberg stated he does not reject this process, however, he does question whether there
are contemporary methods which would be more efficient. Commissioner Puzak pointed out this
matter has been discussed at great length at the Park Commission. He stated the Commission felt a
slow and conservative approach would be best. The Commission is dedicated to working on this
issue in an open, honest and communicative way throughout the entire process.
5. ADJOURNMENT
Mayor Dahlberg adjourned the meeting at 10:00 p.m.
.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
SATURDAY, MARCH 7, 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
8:30 A.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
DRAFT
Mayor Dahlberg called the meeting to order at 8:30 a.m.
A.
Roll Call
Present:
Mayor DaWberg; Councilmembers O'Neill and Garfunkel; Planning Commissioner
Champa; Planning Director Nielsen and Engineer Brown
Councilmembers Stover and McCarty
B . Review Agenda
Absent:
.
The agenda was approved as presented.
.
2. DISCUSSION OF WETLAND ISSUES WITH FRANK SVOBODA
Mr. Svoboda, a resident of Shorewood, is a consultant for Natural Resources Services.
Councilmember O'Neill raised the issue of NURP ponds and inquired relative to the life
expectancy of a NURP pond as well as the maintenance that is required. Mayor Dahlberg asked
whether NURP ponds are actually effective.
Mr. Svoboda explained the purpose of the pond is to act as a stilling basin. The water runs into the
basin and the new water displaces the old water, which is clean, so the sediments are settled out in
that pond prior to a new flow of water coming in.
The size of the pond is related to the area of watershed. The treatment efficiency range is from 60
to 80 percent if the pond is designed mathematically appropriate.
. Mr. Svoboda further explained many of the ponds are not designed according to the mathematical
concepts, therefore, it is not likely the maximum treatment potential is achieved.
Brown stated from a developer's standpoint, the developer is attempting to fit lots in according to
current ordinances and the left over land is used for purposes of the NURP pond. He stated
theoretically, a NURP pond would be 200 to 300 feet long for an average site, however, in reality,
alterations are made to the pond to make it fit the site.
Mayor Dahlberg stated this raises the question of whether or not NURP ponds are aesthetically
feasible. If they are not going to be installed on a disciplined basis, perhaps there are alternatives
which should be investigated.
Mr. Svoboda explained people have a desire to preserve open space and to have ecologically and
environmentally sensitive developments, however, the developers are unsure the marketplace in
Minnesota is suited for that type of development.
,)
...,.,...
-
CITY COUNCIL WORK SESSION MINUTES
MARCH 7, 1998 - PAGE 2
Mayor DaWberg suggested every time a development is planned, a large area of green space could
be designated. When a development is planned, the hardcover would be reduced, the roads
narrower, there would be no curb and gutter and a development would be required to have a large
natural green space area. He acknowledged this would be an expensive approach.
Mr. Svoboda felt there would be several ways to accomplish this. One would be to obtain
developer concessions to allow higher density to concentrate the units on a smaller area and
preserve the other part. The second approach would be that rather than density credits, there
would be financial incentives to compensate for the high cost of land.
Councilmember O'Neill pointed out the fact that Shorewood is almost 90 percent developed. He
asked if Mr. Svoboda would have any suggestions for a community which is developed.
Councilmember O'Neill also raised the issue of the roads, noting the City will begin installing
drain tile under the roadways, rather than curb and gutter or ditches.
Mr. Svoboda stated the use of curb and gutter would concentrate all of the runoff, however, when
using a drain tile system, the problem in lessened in that the sediment remains trapped on the
surface and only the water is draining. He felt nutrients would be entrapped in the upland portion,
resulting in the delivery of a much cleaner water supply down to the area in which the water is
pumped. Water quality having been addressed, the only issue remaining would be water quantity .
which will alsooave been lessened through dissipation across the upland landscape. Mr. Svoboda
felt the use of drain tile rather than curb and gutter to be an interesting and creative solution.
Planning Director Nielsen expressed concern that although the drain tile will be helpful, he felt this
to be a subsurface solution rather than a surface solution. Mr. Svoboda stated this will depend on
the soil type.
Engineer Brown presented a diagram depicting the installation of the drain tile. He did not feel the
drain tile life expectancy would be as long as the roadway. However, it is expected the use of a
drain tile will expand the life of the roadway substantially. Brown felt the roadway would have a
life expectancy of 30 years, while the drain tile life expectancy would be approximately 18 to 20
years.
Mr. Svoboda stated using this approach, the life expectancy of the ponds would be increased.
They currently have a life expectancy of approximately five years without maintenance. They are
no longer able to remove phosphorous because they are phosphorous saturated. At that point the .
accumulated sediment would have to be removed.
Planning Commissioner Champa asked what the standard would be for NURP ponds so the City
can assess what condition the existing ponds are in. Mr. Svoboda explained the standard which
exists is the one promulgated by the PCA. There are different uses for different water bodies and
standards established in that regard. Wetlands are nonuniform, particularly in urban settings,
given the variety of landscapes. . Each of those settings have different wetland components,
therefore, it would be difficult to develop a statewide standard.
Mr. Svoboda pointed out that even within Shorewood, there are two different types of
communities. The east is higWy urbanized and the west is much more rural. Urban land uses,
animal waste, lawn fertilizers, automobile pollutants, salt and sand for street maintenance are all
factors which would have to be taken into consideration. Mr. Svoboda stated there are very few
high quality wetlands in existence.
Councilmember O'Neill reported the Planning Commission had been in favor of continuing to
support the wetland studies which have been completed by the Minnewashta School. This would
provide ongoing information to the City relative to the condition of the wetlands.
.
.
CITY COUNCIL WORK SESSION MINUTES
MARCH 7, 1998 - PAGE 3
Mr. Svoboda stated focus has been significantly centered on the protection of wetlands, and a great
deal of effort has been expended to preserve wetlands which are not functioning. He felt wetlands
should be looked upon as only one element of the landscape and the issue of landscape
management needs to be addressed from a community planning perspective rather than avoiding
the wetlands, saving the trees and developing everything that remains.
Mr. Svoboda explained there is a list of functions which are attributable to wetlands, however,
uplands are equally important from the standpoint of ground water recharging. If an upland is
vegetated with trees or grass or something which allows the water to move downward, the upland
is equally or more important as a source of ground water than a wetland area.
Commissioner Champa raised the issue of hardcover and asked if there is a way to still allow water
to drain through the ground. Mr. Svoboda felt there to be two solutions. One would be to retrofit
the existing conditions and the other would be to approach new projects as they are coming in.
Standards which should maybe be considered would be limiting the percentage of hardcover per
given lot. Another option which is utilized by Wayzata was to establish an ordinance limiting the
amount of phosphorus which is delivered off of a property.
Councilmember O'Neill explained a stormwater management plan will be undertaken by the City
and asked if Mr. Svoboda would be willing to comment throughout the process. Mr. Svoboda
stated he would be willing to do this.
Councilmember O'Neill inquired whether there would be interest on the part of the Watershed
District in assisting the City in working on the wetlands issue and restoring the water to where it
naturally was. In addition, Councilmember O'Neill inquired what the City should be doing to
resolve some of these problems.
Mr. Svoboda was uncertain whether the Watershed District would be willing to work with the City
in this regard. He suggested this matter be approached by educational methods to increase the
awareness of the residents. Councilmember O'Neill suggested Mr. Svoboda write some articles
for the newsletter. Mr. Svoboda stated he would be willing to do this.
Engineer Brown stated he presented the financial aspects of curb and gutter at a previous work
session. He explained curb and gutter has merit from a financial and technical standpoint,
however, he does not feel curb and gutter is the only alternative. Brown felt the more important
issue to be what to do with the water if curb and gutter are not utilized. He asked what would be
an ecologically responsible cross section.
Mr. Svoboda stated looking at the issue from a landscape management perspective, the entire
landscape should be used for management. Mayor Dahlberg stated this is a systematic integrated
process. He was in agreement with Mr. Svoboda in that the community must identify what it is
going to be. He felt there should be one model which is utilized.
(Mayor Dahlberg left the meeting at approximately 9:45 a.m. to attend a prior commitment.)
Commissioner Champa felt it important to begin citizen education on this issue. Councilmember
O'Neill noted his agreement. Mr. Svoboda suggested creating an informational brochure which
would address various environmental issues.
Commissioner Champa felt education on this matter should begin .at the elementary school level.
Mr. Svoboda felt this would be beneficial. Brown felt there to be many organizations which
would welcome a speaker to address these types of environmental issues.
CITY COUNCIL WORK SESSION MINUTES
MARCH 7, 1998 - PAGE 4
Brown stated there are many issues to be addressed relative to phosphorus. He explained there are
some aspects of the ponds which do work. The question is how to make the ponds more effective.
Brown stated his belief the ponds must be incorporated into regional plans for stormwater ponds.
Commissioner Champa inquired whether there are treatments available which would effectively
treat phosphorous. Brown stated his belief calcium nitrate has been used to treat, however,
phosphorus is very difficult to treat. Nielsen felt the issue to be addressed should be how to
prevent phosphorus from getting into the pond to begin with.
Commissioner Champa inquired whether regional ponding can be utilized without a large number
of stormwater curb and gutter. Brown explained the issue would be how to manage the upland
area from the regional pond. He noted his agreement with Nielsen it would be much easier to
address the problem upstream as opposed to after the water has reached the pond.
Mr. Svoboda felt in the overall stormwater management planning, this issue must be addressed
from a landscape perspective. First, what can be done upstream of the pond to keep as much water
on the land as possible and keep as many nutrients on the land as possible. This extends the life
expectancy of the treatment system, both from a sediment standpoint as well as a nutrient
standpoint. This needs to be addressed as an integrated system rather than the pond being the .
solution for a problem.
.
Mr. Svoboda stated stormwater management plans in the past have addressed the three elements of
water quality, water quantity and wetlands. He felt this to be only half of the solution. The other
half would be to address the matter from a landscape perspective and manage the water from the
upland before delivering it downstream.
Nielsen commented there is an argument for 30 percent hardcover throughout the city. At this
point, there is a 25 percent hardcover requirement in the shoreland district. Beyond that, there are
no hardcover requirements.
Commissioner Champa suggested the commercial lawn companies be required to use
nonphosphorus fertilizers. Nielsen noted there will be an article regarding phosphorus in the April
newsletter. The article includes a list of vendors who carry nonphosphorus fertilizers. Champa
suggested including a list of lawn care companies who utilize nonphosphorus fertilizer.
Commissioner Champa inquired whether the Council would be interested in appointing a group of .
people to address the issue of a stormwater management plan. Mr. Svoboda noted this has been
done by way of a task force or special commission in other cities. Nielsen suggested a Natural
Resources Commission. He pointed out, however, these concerns and goals need to be balanced
with property rights.
.
.
CITY COUNCIL WORK SESSION MINUTES
MARCH 7, 1998 - PAGE 5
3. ADJOURNMENT
The City Council Work Session Meeting was adjourned at approximately 10:30
a.m.
RESPECTFULLY SUBMITTED,
Cheryl WalIat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDA Y, MARCH 9,- 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
DRAfT
Mayor Dahlberg called the meeting to order at 7 :03 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; Administrator Hurm;
City Attorney John Dean; Engineer Larry Brown
Councilmembers Stover and McCarty
Review Agenda
Absent:
B.
.
Mayor Dahlberg read the Agenda for March 9, 1998. He suggested interchanging Items #lE and
#lD on the ageflda. The agenda was approved as presented.
C. Resolution of Appreciation
Mayor Dahlberg introduced Harold Dircks, City Cablecaster, and presented him with a Resolution
of Appreciation for his many years of dedicated service to the City of Shorewood.
O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-020, itA
Resolution Honoring Harold Dircks. It Motion passed 3/0.
D . Introduction of Cub Scouts from Den 1, Pack 428
Mayor Dahlberg introduced the members of Cub Scout Pack 428, Den 1 and welcomed them to the
meeting. In attendance were Cub Scouts Brian Renault, Bo Olson, Anthony Anconnen and Dan
Warren, along with their den leaders, Carmen Renault, Don Anconnen and Mary Allison.
.
E.
Introduction of Southshore Center Director Joyce Flury
JoAnn Kvem, Director of the Southshore Center, introduced Joyce Flury, the new Director of the
Center. Ms. K vern thanked the Council and City Staff for their assistance and support of the
Southshore Center.
Ms. Kvem explained she will begin working part time for Senior Community Services. She
distributed copies of the Senior Community Services Annual Report and requested the Council
review this document. Ms. K vern explained this agency has been very active working with elderly
citizens in the Hennepin County suburbs for the past 25 years. She noted the program at the
Southshore Center is just one of the many programs which are operated by Senior Community
Services.
Ms. Kvem reviewed the activities of the Southshore Center over the past year. She explained the
staff works with an Advisory Board which is composed of residents of all of the cities which
support the Southshore Center. These volunteers meet with Senior Community Services staff
every month to develop and suggest programs and ideas for the bettennent of the Center.
~'l
~,~,
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 2
Ms. K vern stated the Advisory Board has been deeply involved in fundraising for the new
building, fundraising to cover purchases for the new building as well as supporting the work of the
Friends and Senior Community Services.
Ms. Flury was in attendance and provided a brief description of her background. She reported on
upcoming events at the Center and explained the Center does send out a newsletter on a regular
basis.
Mayor Dahlberg inquired whether the city parks are accessible to the seniors. Park Commissioner
Colopoulos felt more effort could be made in this regard. Ms. Flury stated she would be interested
in discussing this matter further, noting there has been some suggestion to hold a summer picnic in
the park.
2 . APPROVAL OF MINUTES
City Council Regular Meeting Minutes - February 23, 1998
O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting
Minutes for February 23, 1998, as amended on Page 7, Item 13, Paragraph 3, .
amend to read, Ittotal disregard of the Development Agreement. tt Motion passed
3/0. ·
3. CONSENT AGENDA
Garfunkel moved, O'Neill seconded approving the 'Motion on the Consent
Agenda:
A Motion to Authorize the Purchase of a Toro Groundsmaster Lawn Tractor
Motion passed 3/0.
4. MATTERS FROM THE FLOOR
Harry Ogren, 5440 Gideons Lane, was in attendance and inquired relative to the ditch on Highway
19. Engineer Brown explained a meeting was held last month with the engineer in which he was
informed there is an issue relative to his licensure and liability concerns. He was directed to gather .
further survey information from the plan which was previously submitted. City staff reviewed the
new plan, however, after visiting the site, it was determined the project engineer had missed some
larger size trees which would be impacted by the installation of the pipe. He was instructed to
obtain further survey information, noting those particular trees and the methods which will be used
to protect those trees from damage.
5. PARKS
A. Review of Joint Park Commission/Council Work Session and
Open Forum Meeting
Commissioner Colopoulos reported on the Joint Park Commission/City Council Work Session and
Open Forum Meeting (as detailed in the minutes of that meeting).
B . A Motion to Adopt a Resolution Making Appointments to the
Park Foundation
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 3
O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-021 "A
Resolution Appointing Chuck Cochran, Ann Packard and Jim Latterner t~ the
Park Foundation." Motion passed 3/0.
6. PLANNING - Report by Representative
Commissioner Champa reported on the February 24, 1998 meeting of the Planning Commission
(as detailed in the minutes of that meeting). .
7. CONSIDERA TION OF A MOTION REGARDING A REQUEST FOR
STREET LIGHTING
Applicant:
Location:
Neighborhood Petition
Glen Road and County Road 19
Councilmember O'Neill .reported he had received a telephone call from one resident who is
opposed to the installation of the light as well as the costs which will be incurred for electricity over
the coming years.
.
Engineer Brown explained any dollars which are to be spent for the installation would be paid by
the neighborho<1d petitioning for the light. The City would be responsible for the electrical costs
after the installation.
Fred Dresser, 5480 Gideons Lane, noted there are children and adults on the corner waiting for
school and city buses and they are not visible without the lighting. Mr. Dresser stated he has
obtained the signatures of all of the neighbors within a 500-yard radius.
Harry Ogren, 5440 Gideons Lane, stated he also supports the request for street lighting, however,
he did not realize there would be a cost to the residents. He felt the intersection needs to be
illuminated because it is very difficult to located when traveling south to north and making a left
turn.
.
Councilmember Garfunkel asked how much it would cost to install this street light. Engineer
Brown explained there are two alternatives relative to cost. In one situation, a light fixture could be
installed on a pole which currently exists on the east side of Manitou. Brown estimated it which
would cost $300 to $350 to install the fixture. If the light were to be installed directly at the Glen
Road intersection, a new pole requiring electrical connections would need to be installed and this
would cost approximately $2,200 to $2,300.
Mayor Dahlberg questioned whether the first alternative would be viable. Brown felt it would add
additional light to the intersection, however, it will not be directly over the intersection.
Mayor Dahlberg stated he could support the request given the petition from the neighborhood, the
light will not be located in a residential area and adequate notice has been given. He suggested
obtaining an engineering report on the first option. Brown noted there are several technical issues
which need to be resolved, however, staff could approach NSP for a proper design and an estimate
of cost.
Garfunkel moved, O'Neill seconded authorizing City Staff to install a light at the
intersection of Glen Road and County Road 19 subject to neighborhood approval
of the design of the light, to be a shoebox style light which projects downward,
and approval of the cost of the installation which is to be paid by the
neighborhood. Motion passed 3/0.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 4
8. CONSIDERATION OF A MOTION REGARDING PETITION FOR
IMPROVEMENTS ON WILTSEY LANE
Tom Plantikow, 24750 Wiltsey Lane, was in attendance. He stated there are five properties on
Wiltsey Lane, however, there are only three homes at this time. Mr. Plantikow stated Wiltsey
Lane is a forgotten roadway. He pointed out there have been several occasions in which Wiltsey
Lane was not plowed after a snowstorm. He noted this has happened on two occasions this year
and on several occasions last year. In addition, the City property on the opposite side of Wiltsey
Lane is not maintained and the area residents have been mowing the area and maintaining it.
Mr. Plantikow also stated the roadway is regraveled several times a year, however, he suggested it
would be more cost effective to pave the roadway rather than continue to regravel the surface. He
noted the surrounding roadways are paved.
Mayor Dahlberg noted developers are required to build the roads and the cost of that is included in
the development fee. He stated when this subdivision was developed, this requirement did not
exist. Mr. Plantikow noted the residents are concerned about the potential costs which might be
involved.
Councilmember O'Neill suggested any potential work could possibly be tied in with the Highway
7 closures. ·
.
Dahlberg moved, O'Neill seconded accepting the petition for improvements on
Wiltsey Lane and directed a feasibility report be completed at City expense.
Motion passed 3/0.
9. CONSIDERA TION OF A MOTION REGARDING PROCEDURE FOR
REPLACEMENT OF COUNCILMEMBER
Garfunkel moved, O'Neill seconded approving the process presented by staff
relative to the procedure for replacement of a councilmember. Motion passed 3/0.
10. CONSIDERATION OF A MOTION ACCEPTING THE PROPOSAL OF
WSB FOR PREPARATION OF A STORMWATER MANAGEMENT PLAN
Mayor Dahlberg inquired how much of the $86,000 expense will be allocated to the aerial .
photography. Brown stated the aerial photography would account for approximately $47,000 of
this expense.
Donald Sterna, P.E., and Peter Willenbring, P.E., WSB and Associates, Inc., were in attendance.
Mr. Sterna provided the Council with his background experience relative to stormwater
management plan projects.
Mr. Willenbring explained he has completed approximately 50 stormwater management plans for
various cities. He noted the primary focus will be to meet the requirements of the law in the least
expensive way possible and to create a plan which will allow the City to manage water effectively.
Mayor Dahlberg noted the City is 90 percent developed and asked how much can be done at this
point to resolve the drainage issues which currently exist.
Mr. Willenbring reviewed the "Proposal to Prepare a Water Resource Management Plan for the
City of Shorewood" in detail. He noted a public meeting will be held in an attempt to identify any
water problems which exist in the city.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 5
Mayor DaWberg inquired whether the 1975 StormwaterManagement Plan will be utilized. Mr.
Willenbring stated that study will be included in this process.
Mr. Willenbring explained through the process, problems will be identified, corrective actions
determined and the cost of the corrective actions will be calculated.
Administrator Hurm inquired whether a list will be produced which will inventory the NURP
ponds as well as an estimate of cost to maintain them over the decades. Mr. Willenbring stated an
estimate for pond maintenance will be included.
Councilmember O'Neill asked what Mr. Willenbring would consider the average functional life of
a NURP pond. Mr. Willenbring stated he would need more information in order to determine this.
Councilmember O'Neill suggested a representative from Council as well as the Park and Planning
Commissions be present at the meetings which are proposed.
Councilmember O'Neill noted a long range plan for wetland preservation has been discussed with
a wetland expert. Mr. Willenbring stated this would be incorporated into the Stormwater
Management Plan.
Mayor Dahlber~ noted stormwater management in Shorewood is a serious issue. Councilmember
O'Neill stated there are some serious run-off problems in the city which need to be resolved.
Mayor Dahlberg stated a significant issue which needs to be addressed is that of removing
phosphorous from the water. He requested Mr. Willenbring provide details to the Council given
the high level of interest in this matter. He noted the Council will be interested in considering any
creative solutions which are presented.
Councilmember Garfunkel noted the Council had discussed the difference between one and two
foot contours and felt it would be more desirable to utilize one foot contours. Mr. Willenbring
stated the one foot topography would be extremely accurate for many years. He stated this
information is very helpful in flat areas.
Mr. Willenbring stated he would like to develop a committee which he can work with throughout
this process. Councilmember O'Neill reported Frank Svoboda, Shorewood resident and wetlands
expert, has offered to assist in this matter as well.
Councilmember O'Neill noted the Council is not interested in installing curb and gutter in the city
more than it already exists. He acknowledged this is an important part of any potential stormwater
management plan.
!3rown stated he will keep the Council informed of any meetings which are held regarding this
Issue.
Mayor DaWberg recessed the meeting at 9:03 p.m. and reconvened at 9: 10 p.m.
O'Neill moved, Garfunkel seconded accepting the proposal of WSB for
preparation of a stormwater management plan, amending the plan to utilize one
foot contours and directing staff to make inquiry of the Park and Planning
Commissions relative to appointing a representative to attend the meetings held
relative to this matter. Motion passed 3/0.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 6
11. CONSIDERATION OF A MOTION ESTABLISHING A PUBLIC
INFORMATION DATE - MONDAY, APRIL 13, 1998, TO DISCUSS
IMPROVEMENTS ON STRAWBERRY LANE
Hurm suggested scheduling the meeting to be held from 6:00 p.m. to 7:00 p.m., prior to the
regular City Council meeting. .
O'Neill moved, Garfunkel seconded establishing a public information date of
Monday, April 13, 1998, to discuss improvements on Strawberry Lane. Motion
passed 3/0.
12. CONSIDERATION OF A MOTION TO ESTABLISH A PUBLIC HEARING
ON AN ORDINANCE AMENDING SECTION 903 - WATER USE AND
SERVICE AND A RESOLUTION ESTABLISHING A WATER POLICY
O'Neill moved, Garfunkel seconded establishing a public hearing on an ordinance
amending Section 903 - Water Use and Service for April 13, 1998, at 7:30 p.m.
Motion passed 3/0.
13.
CONSIDERATION OF A MOTION REGARDING AUDIO/VISUAL
UPGRADES IN THE COUNCIL CHAMBERS
Mayor Dahlberg noted the Council is interested having the regular City Council meetings broadcast
live. Brown stated the proposal of Minnetonka Sound and Lighting details the costs involved
which results in a total expenditure of $20,923.20.
Mayor Dahlberg encouraged residents to bring forward any questions or comments they may have
regarding this expenditure.
O'Neill moved, Garfunkel seconded approving audio/visual upgrades in the
Council Chambers. Motion passed 3/0.
14. ADMINISTRATOR AND STAFF REPORTS
A. Staff Report on Development Monitoring
Brown stated there is nothing to report at this time. Greg Larson was in attendance and stated silt
fences still have not been replaced at the Watten Ponds site. There is also silt fence encompassing
a dirt pile at the east side of the NURP pond site which has not been maintained.
Councilmember O'Neill noted questions have been raised relative to the Lundgren Brothers site
which he visited along with Mayor Dahlberg. Planning Director Nielsen was unable to attend the
meeting to address these issues. Mayor Dahlberg commented there was a significant contrast
between the Lundgren Brothers site and the Watten Ponds site.
B. Engineer's Report on Personnel Matter
Engineer Brown reported Ralph WeWe, Public Works Light Equipment Operator, has been wi~h
the City for 14 years. He will be retiring on March 18, 1998. Brown stated he has been a fantastIc
employee and will be greatly missed. Mayor Dahlberg expressed his appreciation to Mr. Wehle for
his years of service.
.
.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 7
Attorney Dean addressed the matter of the liquor store lease at Waterford Center. Mr.
Schoenwetter has requested an opportunity to review a memorandum which was prepared by
Attorney Dean's office which discusses various legal issues. Attorney Dean felt release of the
memorandum would helpful in encouraging further discussions and he recommended the
memorandum be released to Mr. Schoenwetter and his attorney. Councilmember Garfunkel noted
his agreement. It was the consensus of the Council to release this memorandum to Mr.
Schoen wetter.
Administrator Hurm noted a letter was received from the City of Mound inquiring if there would be
interest in a councilmember attending a meeting relative to a community center. Mayor Dahlberg
stated he would like to see additional information and suggested this matter be addressed at one of
the scheduled work sessions. He stated given the fact Shorewood has a community center, he
would be hesitant to make a financial commitment to a center in Mound.
Hurm reported the March 30, 1998 work session is scheduled to discuss the park and trail survey .
15 . MAYOR & CITY COUNCIL REPORTS
Councilmember O'Neill reported on a meeting which was held with Frank Svoboda, a wetlands
expert, on Saturday, March 7, 1998, at 8:30 a.m.
.
Mayor Dahlberg reported he met with Larry Buesgens. at Foot Print Lake along with
Councilmember O'Neill relative to Mr. Buesgens' concerns the level of the lake is rising as a result
of the watershed arrangements in this area. In an effort to determine whether the lake will continue
to rise and the rate at which it is rising, Mayor Dahlberg suggested staff inform Mr. Buesgens a
stormwater management plan is being devised and the situation with the lake will be considered
through this work.
Brown reported Foot Print Lake does not have an outlet and in talking with the consulting engineer
at the time, it was determined during the installation of the Seasons Development that a storm
sewer line had crossed Excelsior, but it had collapsed. This engineer had indicate that the water
level on Foot Print Lake had dropped down since there was not much stormwater coming through
that lake given the collapsed line. The level of the wetland next to the church along the south side
of Highway 7, was rising. Because of this, the collapsed line was reconstructed.
Brown noted he has discussed this matter with Mr. Buesgens on several occasions and he is in
agreement the level of the lake has risen. ~
Seasons Development
Mayor Dahlberg requested information regarding the Seasons development relative to the fact the
development came into existence in 1994 and started as an age 62 and over development and is
now a 55 and older development. In addition, he questioned whether the development started as a
single level development and is now a two level development. Mayor Dahlberg stated he would
like to know the occupancy rate of the development as well as the average cost per unit, which he
understood started at $120,000 per unit. He questioned whether the units are now priced at an
average of $220,000 per unit.
Discussion of Amendment Considerations to the Animal Ordinance
Mayor Dahlberg reported he has received a complaint from a resident on Noble Road relative to
dog droppings which are left in the yard. Hurm stated currently there is not an ordinance relative
to this issue, however, several cities in the area do have ordinances in existence and copies of these
ordinances were provided to the Council.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 9, 1998 - PAGE 8
It was noted there have been attempts by the Park Commission to address this problem through the
use of Mutt Mitts. Councilmember O'Neill suggested referring this matter to the Park Commission
for their input.
Mayor Dahlberg reported he received a letter from John Joseph, President of the Christmas Lake
Homeowner's Association, regarding the outflow area of the lake which tends to accumulate
debris.
Brown noted there have been problems with beavers clogging this outlet in the past. Public Works
routinely visits this site to monitor the situation. He noted there has been an increase in these
occurrences.
Brown noted staff visits the site every two weeks to monitor the outflow area. He will contact Mr.
Joseph and inspect the site. Mayor Dahlberg stated perhaps the beavers will need to be trapped and
relocated to prevent future shore damage.
Mayor DaWberg introduced Lauren Nordseth who was present to cablecast the meeting.
16.
ADJOURNMENT
.
Garfunkel moved, O'Neill seconded adjourning the meeting at 10:08 p.m. subject
to the approval of claims. Motion passed 3/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
.
, ..,--,
.
.
.,.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION APPROVING A GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing
of certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims arising out
of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such
a license and have agreed to all terms and conditions of the agreement contained in the license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a license for the conduct of gambling as specified in the terms and conditions of the
license be issued to the American Legion, Post #259 for a term beginning July 1, 1998 and
ending June 30, 2000.
ADOPTED by the City Council of the City of Shorewood this 23rd day of March,
1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
j:#3P
,
'{ ~,
4,.,-',n.~-^
.' ;'"iU.
..........
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ACKNOWLEDGMENT
GAMBLING PREMISES AUTHORIZATION 3y
I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS
OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS,
TO ENTER THE PREMISES TO ENFORCE THE LAW.
BANK RECORDS INFORMATION
THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT
WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES.
I DECLARE THAT:
I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARDj
ALL INFORMATION IS TRUE, ACCURATE AND COMPLETEjj
ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSEDj
I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATIONj
I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING
ACTIVITIES TO BE CONDUCTEDj
I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES
OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS
. RULES, INCLUDING AMENDMENTS TO THEMj
. CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND
LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGEj
I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING
INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT.
SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE
~-?/// ~~/
LOCAL GOVERNMENT ACKNOWLE . . ~
1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY
LIMITS.
2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS
LOCATED WITHIN A TOWNSHIP.
3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH
A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS.
4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY
....~PROVING OR DENYING THIS APPLICATION.
5~COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE
ATTACHED TO THIS APPLICATION.
6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED
TO THE GAMBLING CONTROL BOARD.
TOWNSHIP:
BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A
PREMISES PERMIT WITHIN TOWNSHIP LIMITS.
CITY* OR COUNTY**
TOWNSHIP * *
CITY OR COUNTY NAME
TOWNSHIP NAME
SIGNATURE OF PERSON RECEIVING APPLICATION
SIGNATURE OF PERSON RECEIVING APPLICATION
TITLE
DATE RECEIVED
TITLE
DATE RECEIVED
REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS
MAIL TO: GAMBLING CONTROL BOARD
1711 W COUNTY RD B - SUITE 300 S
ROSEVILLE, MN 55113
1;/00
"
Central
STATE OF MINNESOTA
GAMBLING CONTROL BOARD
PR1lHISES PERMIT RBNBWAL APPLICATION
IFOR BOARD USE
IAMT PAID
I CHECK NO.
I DATE
ONLY I
I
I
I
LG214PPR PRINTED:
LICENSE NUMBER: A-00229-001
EFFECTIVE DATE: 07/01/96
EXPIRATION DATE: 06/30/98
NAME OF ORGANIZATION: American Legion Post 259 Shorewood
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
Am Legion Post 259
24450 Smithtown Rd
Shorewood 55331
COUNTY Hennepin IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y
LESSOR INFORMATION
DOES YOUR ORGANIZATION OWN THIS SITE?: Yes
IF NO, LIST THE LESSOR:
.
NAME OF PROPERTY OWNER (WHEN NOT LESSOR) :
SQUARE FEET PER MONTH:
SQUARE FEET PER OCCASION:
o
o
AMOmn' PAID FOR RENT PER MONTH:
AMOUNT PAID PER OCCASION:
o
o
BINGO. ACTIVITY
BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT
. ,
24450 Smithtown Rd
Excelsior MN 55331
STORAGE ADDRESS
.
BANK INFORMATION
Norwest
411 Water St
Excelsior MN 55331
GAMBLING BANK ACCOUNT NUMBER: 101477
ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS
AUTHORIZEP TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT.
THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS.
-=r1tJ1f~ L, P~rej$o,J .:10 t..Jcobt.AtAJ"J A v.;. ~Cr:t..5Ic/L I f/1tJ. .Jill I Gfrtft/JI-I,vG- MG-/!...
Kc,.hJ 6rf/ i, DI1UMl9rJ .["7 'ie 6li,ll.G'M /<h. Gx.0€'tStc;?.. MrJ. ..[".J:1:5 , H6u.51-NG- COI'1M t
DctJ;4Lb E. J<;..c~/J&J2-G- ..t7" 0 ~L{t7-EKA- Ai cXCEL.5lc~, MrJ...J.J.:1.3 /.5&-7: ATA/441.:5
'\' -....,-A.iif~'
(BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION)
THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQL~S~
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhaU@shorewood.state.net
MElVIORANDUM
TO: Mayor and City Council
.
FROM:
Brad Nielsen
DATE: 19 March 1998
RE: Oberg, Charles - Extension of Deadline to Record Subdivision
FILE NO. 405 (97.19)
.
In October of last year Dr. Charles Oberg and his neighbors on Christmas Lake Point
received approval to rearrange the boundary lines between their various properties, cleaning
up a number of boundary problems as well as certain zoning nonconforrnities. Survey
work has delayed the residents from recording the approval with the County. They now
ask for an extension until after 15 October 1998 to fmalize the work. Since the City has no
interest in the subdivisions/combinations (i.e. no drainage and utility easements have been
required), it is recommended that the extension be granted to 15 November.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to Monday night's meeting.
cc: Jim Hurm
John Dean
Larry Brown
Charles Oberg
,
3.~{
-..:y
~
.
.
Date: March 9, 1998
Bradley 1. Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood,MN 55331
Re: Survey Work Update For Christmas Lake Point
Dear Mr. Niel~J\44
As is frequently the case, one must expect the unexpected. While I was attempting
to file the survey work which redraws the lot lines for my three neighbor's and my
properties on Christmas Lake Point with Hennepin County, I ran into an unexpected snag.
Everything technically remains in order, but we have a timing problem. Specifically, to file
any new survey work, all property taxes have to be paid in advance for the properties
under consideration per MN State Law. Since Schoell & Madsen, Inc. did not return the
final milar drawings until after the first of the year 1998, all taxes have to be paid for this
year, even though the survey work and city resolution was passed and approved in 1997.
Our window was October 15 through December 31, 1997.
I have shared my frustration with the surveyors from Schoell &Madsen, Inc. and
my attorney has spoken with the people at the county. The good news is that the County
is aware of the work and find it all in order but will not allow the survey department to
sign the milar or to have it filed with the registrar until the taxes are paid.
Since we have our taxes escrowed with our mortgage, we probably will not be able
to finalize this until after October 15, 1998, when this year's taxes will be paid. I am
requesting an extension of the Resolution from the City of Shorewood until after October
15, 2998. I have been assured that after October 15th, that the rest should go smoothly. If
you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
.
.
CJa,w((
Charles N. Oberg
cc. JeffRonbeck, JD
".
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the
lieensing of eertain gambling aetivities in the City; and
WHEREAS, the City preseribes eertain restrietions eoneeming eligibility for
sueh licensing and applieation, whereby the licensee will hold the City harmless for all
claims arising out of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for
such a license and has agreed to all terms and conditions of the agreement contained in the
lieense.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
That a single temporary license for the eonduct of gambling as specified in the terms,
and eonditions of the license be issued to Friends of the Southshore Senior
Community Center. Said raffle to be held on Monday, July 27, 1998 at the
Southshore Center, 5735 Country Club Road, Shorewood, Minnesota.
ADOPfED by the City Council of the City of Shorewood this 23rd day of March,
1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
#SL.
LG220
Rev06/9€
Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
For Board Use Only
Fee Paid
Check #
Initals
Date Recd
Organization Information
Organization NamE.
Friends Of The Southshore Senior
Street City
5735 Country Club Rd. Shorewood,
Name of Chief Executive Officer of organization (CEO)
First Name Last Name
Robert Gagne
.Pr-eviolf~Hawftligambling exemption number
Community tr.
State
MN 55331
County
Hennepin
Daytime Phone number of CEO
Zip Code
t6 1 2) 4 7 4 - 5 788
B .
reasurer
Last Name
Bean
Daytime Phone Number of Treasurer
D Fraternal
D Veterans
D Religious
CXJ Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
m IRS letter indicating income tax exempt status
D Certificate of good standing from the Minnesota Secretary of State's office
o A charter showing you're an affiliate of a parent nonprofit organization
o Proof previously submitted and on file with the Gambling Control Board
Check the box below which best describes
your organization
....................... ...................................... ........................................................................
....", .. .. --- " .... .. .. -. ."
.. .'.... -'.', ,,<.,'-.. ,>,-,'-'-,'-"
. .. ,__,_, >_ _____,', __'0_"" ..
ambli"gPr.emiseslnfol111atic,r,..........
Name of Establishment where gambling activity will be conducted
South shore Senior Center
Street City State
Zip Code
County
5735 Countr Club Rd. Shor MN
Date(s) of activity (for raffles, indicate the date of the drawing)
55331
Hennepin
July 27, 1998
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
D *Bingo ~ Raffles 0 *Paddlewheels 0 *Pull-tabs D *Tipboards
*Equipment for these activities must be obtained from a licensed distributor
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
,/ L
.;...
~....--.
.. .. ~,.. .. ..
Local Unit of Government Jurisdiction
Is this gambling premises located within city limits?[$} Yes 0 No
I f Yes, write the name of the City:
City Name Shorewood
If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: 0 organized 0 unorganized 0 unincorporated
Local Unit Of GovemmentAcknowledgment
,-, ..-<.~ ........,.,"'--....,...- _.~.....,.."._.. --,,;..,. !",""'" '~...::.~., .:-0....,. ,,"'.... .,..... ...,....;_ _ '._'"",' _'...._, ,.,_. .,..,. ''';''''..,.,...
1. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Controi Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government .
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity_
City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of
Application Application
Signature of person receiving application Signature of person acknowledging application
Date Received:
Title of person receiving application
Date Signed:
Title of person acknowledging application
''-::':-:<>+':',:::- ::./":: :'. .-_: . ,.::' :-.': .. ,--',.':.:<- -:: ':(:\,: . --,'---.':: . >:;: :'.'
iQafh<of..ChiefExecutiveOffice#....
I have read this application and all information is true, accurate and complete.
.
tJ,-6 ~ Dare: )!yr
Subm the application at least 45 days prior to your scheduletl date of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (i.e. large print. braille) upon request.
Questions on this .form .should-be directed to the Licensing Section of the. Gambling Control Board .at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB
.,;0.
J
CITY OF SHOREWOOD
P ARK COMMISSION MEETING
TUESDAY, MARCH 10, 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
DRAFT
Chair Puzak called the meeting to order at 7:30 p.m.
A.
ROLL CALL
Present:
Chair Colopoulos; Commissioners Puzak, Bensman, Dallman, Arnst, Themig and
Cochran; and Administrator Jim Hurm
Absent:
Council Liaison McCarty
B. REVIEW AGENDA
. Chair Puzak read the agenda for March 10, 1998. The agenda was accepted as presented.
.
2 . APPROVAL OF MINUTES
A. Park Commission Minutes of February 18, 1998
Dallman moved, Arnst seconded, to approve the minutes as amended on Page 2,
Item C, Sentence 4, amend to read "YMCA considers meeting areas such as
churches and schools to function as an outreach for the YMCA." On Page 4, Item
Band C change Pische to Tichy. On Page 4, Item C, Paragraph 2, sentence
should read " Chair Puzak expressed concern for foul balls and asked if netting
could be provided within a one year time frame." Motion passed 7/0.
3. MATTERS FROM THE FLOOR
Sara Labelle, PTO Representative for Minnewashta Elementary School; Sheila Johnston, parent of
a Minnewashta Elementary School child; Debbie DaLavega, PTO President for Minnewashta
Elementary School; and Harlan Lehman, Representative for Gametime Playground Equipment
were present to talk about the playground equipment at the school grounds.
They explained the current playground equipment is beyond repair and does not meet current
codes. They consider this a community playground and the PTO is asking the City for help in
donating toward the playground. The school district will provide the cost for the handicap access
and also provide the new base for the playground. The school district will recognize anyone that
donates $1,000 or more toward the playground on a plaque that will be displayed at the
. playground.
Commissioner Colopoulos asked how the playgrounds at Freeman and Cathcart parks were
funded. Administrator Hurm stated that sports organizations, the American Legion, and civic
organizations helped the park fund these playgrounds. The City had volunteers install the
equipment and Tree Trust installed the border on several. It was suggested that these are areas that
could be looked at for donations. Other areas to look into are grants.
;J:f:-~
\
PARK COMMlSSION MINUTES
MARCH 10, 1998 - PAGE 2
The PTO is hoping to have the playground completed this summer. They have been working on
this project since last October. Gametime would like to do a photo shot there. This is one of the
reasons for the discount on the equipment. The PTO is receiving $100,000 worth of equipment
for $60,000. There will be 30 parent volunteers to install the equipment and one technician from
the company.
Commissioner Themig asked how they came upon the layout.
Sara Labelle stated that according to statistics there will be over 700 children attending school next
year and currently the playground is not challenging for the fourth and fifth grade students.
Sara Labelle said that the playground will be a little larger then the current one. The School District
will do the demolition.
Mr. Lehman stated that the 1999 safety standards regarding accessibility which means 25% of the
play structure has to be handicap accessible for wheelchairs. This is another reason for being a
larger playground.
Chair Puzak asked that the PTO send to the Park Commission a short summary of what they are
requesting. It was asked that Administrator Hurm look at the CIP and report back at the next .
meeting.
4. REPORTS:
Park tour meetings Tuesday, May 12 and Wednesday, May 27
Park tours will be from 6:00 p.m. to 8:00 p.m. on Tuesday, May 12 and Wednesday, May 27. A
meeting at City Hall will follow the tour.
Engineer Brown report on legallliability of street crossings at LRT
Tabled until the next Park Commission meeting on April 14.
Chair Puzak and Commissioner Colopoulos regarding possible
changes for Freeman Field #2
Commissioner Colopoulos met with Dave Anderson and Brian Tichy at Freeman Field 2 to review
the foul ball problem. Little League will be responsible for setting up and taking down the netting.
Commissioner Colopoulos asked staff to report back on the cost of netting and pole construction
from behind home plate to the left field line.
Chair Puzak asked Engineer Brown to design a solution and with a estimated cost and report back
at the next Park Commission meeting. Chair Puzak suggested that NSP could set the poles.
.
.
5. PRESENTATION BY CITY ENGINEER LARRY BROWN ON REVISIONS
TO THE PARK CAPITAL IMPROVEMENT PROGRAM
Tabled until the next Park Commission meeting on April 14.
.
.
"
PARK COMMISSION MINUTES
MARCH 10, 1998 - PAGE 3
6. REVIEW PARK SHELTER POLICIES
The park shelter rules and reservations were reviewed and changes discussed. It was determined
that the changes will be made and faxed to Commissioner Arnst for review and brought back to the
next Park Commission meeting for review.
7. CONSIDERATION OF OBTAINING PERSONNEL TO RUN A
CONCESSION TRAILER AT FREEMAN PARK THIS YEAR
Administrator Hurm talked with Dan Kuzlik from Minnetonka Community Education Services
(MCES) and they hope to hire someone by the end of next week to run the baseball program.
Administrator Hurm was not sure if the person they hired would be running the concession trailer.
Chair Puzak recommended putting an article in the Shorewood newsletter soliciting help to. run the
concession trailer this year at Freeman Park. Chair Puzak also recommended that other areas that
could be considered are:
1. Partner with MCES and incorporate into the job description of the baseball
prograrn coordinator the operation of the concession trailer.
2. Less involvement from Park Commission and turn over to end users (adult
baseball, soccer) and ask for user fees.
3. Work with an independent contractor, take bids for 1 to 3 years at a time.
4. Work with high school age kids to run the concession trailer.
Commissioner Colopoulos stated he agrees with Commissioner Themig that staffing is an ongoing
problem and that all avenues need to be kept open. Commissioner Thernig asked if a copy of last
year's concession trailer report from MCES be available at the next Park Commission meeting.
Commissioner Dallman stated that the Park Foundation would like a permanent concession
building. They have challenged themselves to raise $10,000 for a new building. They are going
to ask the Park Commission to help build. Chair Puzak suggested the Park Commission should
set a goal and time and decide how they would like to participate.
8.
DISCUSSION ON WHETHER A CITY PARK WOULD BE APPROPRIATE
LOCATION FOR COMMUNICATIONS ANTENNA TOWER
Administrator Hurm explained there is real potential for income ($12,000 to $15,000 per year, per
vendor, and up to four vendors per tower). The FCC ruled there is no health risk, and federal
regulations say cities cannot make decisions based on health reasons.
Administrator Hurm stated this needs to be brought to the attention of the Park Commission and if
there is an interest the Planning Commission and the City Council should be made aware.
. Commissioner Colopoulos said that he had researched with the FCC on this issue.
Chair Puzak is in favor of building towers to support communication. This is our future, and we
will see more of this in the future. He said the question is, do we want this in one of our parks?
Commissioner Dallman asked what's wrong with a tower where they are going to close off the
entrance on Highway 7 to Freeman Park or down by the wetland. Commissioner Dallman thinks
the Park Commission should take advantage of this.
'-
PARK COMMISSION MINUTES
MARCH 10, 1998 - PAGE 4
Commissioners Colopoulos stated that Badger Park might be a better choice than Freeman Park.
Commissioner Arnst felt that this was a Planning Commission topic and should wait for them to
decide where appropriate settings are from their perspective.
Chair Puzak stated that the City Council saw an issue and in order to bring order to that they put a
moratorium on the construction, at which time the City is investigating the use of these devices.
Commissioner Themig stated he doesn't feel comfortable to say right now how he feels regarding
the towers. He stated that he would have to go look at the parks before making a comment.
There is no consensus at this time on this issue.
9. OLD BUSINESS
Commissioner Arnst asked where Decision Resources was with the survey.
Administrator Hurm advised that Decision Resources will send the revised survey out on March .
17. Park Commission will be asked to return it with comments by Monday, March 23. The Park
Commission will meet with the City Council and Decision Resources on March 30.
Commissioner Arnst also inquired about the Citizen Review Group.
Administrator Hurm stated that this hasn't been established yet. Decision Resources will work on
randomly selecting the Citizen Review Group per Council directive.
Hurm reported Council has appointed Chuck Cochran and Ann Packard to the Park Foundation.
Hurm stated that there is still an opening to represent South Tonka Little League and Tonka United
Soccer.
10. NEW BUSINESS
Administrator Hurm stated the Mayor asked that the City look at the ordinance for clean up of
animal liter and suggested that the Park Commission might want to review how we treat animals in
the parks.
.
Commissioner Arnst stated that the mutt mitt has been well used and not vandalized. It was
requested that this be put on the next Park Commission meeting.
Commissioner Cochran stated that a resident had inquired if a white line could be painted on the
backboard at the tennis court at Badger. Consensus was to request staff to paint a white line on the
backboard at Badger.
Commissioner Cochran also had a resident inquire if a crossing guard could be at Smithtown
Road. Commissioner Cochran will refer this to the Minnetonka School District.
.
.
PARK COMMISSION MINUTES
MARCH 10, 1998 - PAGE 5
11. ADJOURNMENT
Colopoulos moved, Bensman seconded adjourning the meeting at 9:54 p.m.
Motion passed 7/0.
RESPECTFULL Y SUBMITTED,
Twila Grout
Parks Secretary
.
.
--
CITY OF SHOREWOOD SOUTHSHORE SENIOR/COMMUNITY CENTER
PLANNING COMMISSION MEETING 5735 COUNTRY CLUB ROAD
TUESDA Y, MARCH 10, 1998 7:00 P.M.
MINUTES
DRAFt
CALL TO ORDER
Chair Borkon called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Champa, Lizee, Kolstad, Bailey, Callies and
Collins; Planning Director Nielsen
Absent:
Council Liaison O'Neill
APPROVAL OF MINUTES
.
Planning Commission Minutes - March 10, 1998
Collins moved, Callies seconded approving the Planning Commission Minutes 0 f
March 10, 1998, as submitted. Motion passed 7/0.
1. 7:00 P.M. PUBLIC. HEARING - C.U.P. - MINNETONKA COUNTRY
CLUB
Applicant:
Location:
Minnetonka Country Club Association
24575 Smithtown Road
Mr. Bo Witrak was in attendance. He stated the reason for the expansion is to accommodate the
trend toward seating at round tables rather than rectangular tables. Mr. Witrak explained the round
tables require more space than the rectangular. He noted business has been lost this past year due
to the inability to accommodate a sufficient number of round tables. Mr. Witrak stated the
expansion will accommodate 48 additional seats.
. Mr. Witrak noted his understanding according to the City ordinances when expanding operating
capacity, he will be subject to upgrading the entire building. He has been advised by an architect
that to complete all of the necessary upgrades it will cost over $300,000.
Mr. Witrak stated once he receives final approval for the Conditional Use Permit, he will address
the issues relative to the code.
Chair Borkon opened the public hearing at 7: 19 p.m. Hearing no public testimony, the public
hearing was closed at 7:19 p.m.
Commissioner Kolstad inquired whether Mr. Witrak intends to bring the structure up to code. Mr.
Witrak stated that will depend upon how the code situation can be addressed. If it will cost
$300,000 to bring the building up to code standards, the work could not be done.
Chair Borkon questioned whether a building permit would be issued without the building being
brought up to code. Nielsen stated a permit could not be issued, however, he was unsure what
needs to be done to bring the facility up to code.
. ~;
.#'" .~
PLANNING COMMISSION WORK SESSION MINUTES
MARCH 10, 1998 - PAGE 2
Mr. Witrak noted a sprinkling system has been installed as well as a handicapped walkway.
Commissioner Kolstad asked how many additional seats are gained in the event rectangular tables
are utilized. Mr. Witrak calculated there would be an additional 88 seats. Commissioner Kolstad
asked whether parking on the site can accommodate this increase. Nielsen felt parking on the site
to be sufficient.
Commissioner Collins was uncertain whether capacity was actually being increased. He felt
seating would be lost in an effort to accommodate the trend toward using round tables.
David Johnson, owner of Floors Plus, was in attendance and raised concern relative to the
intersection at County Road 19. Chair Borkon explained that is a county highway and the county
is in charge of this area. This issue has been addressed on several occasions and, as a result,
traffic monitoring is planned for this area in the near future. He noted he supports Mr. Witrak's
request.
Nielsen explained a traffic study is planned for this area. The county has expressed an interest in
placing a traffic signal at this particular intersection. Nielsen did not feel Mr. Witrak's project will
have a significant impact on this intersection as a result of the expansion.
Tim Sauderberg was in attendance and explained he is building a home off of Spruce Hill Court.
He stated his property comes up to the Country Club property and he supports the expansion.
Bailey moved, Collins seconded approving a Conditional Use Permit for
Minnetonka Country Club Association, . 24575 Smithtown Road, subject to staff
recommendations. Motion passed 7/0.
Chair Borkon noted this matter will come before the City Council for their consideration at their
March 23, 1998 meeting.
.
Collins moved, Champa seconded amending the agenda to hear Matters from the
Floor as Item No. 2 given the fact a resident was in attendance wishing to address
the Commission. Motion passed 7/0.
2. MATTERS FROM THE FLOOR - None
David Johnson, owner of Floors Plus, which is located next door to the ICO station, raised a .
number a concerns.
Mr. Johnson stated he was forced to install curbing when he purchased the building and restored it
in order to obtain an operation permit through the City. He explained Hennepin County committed
to installing a curb, which was done. Mr. Johnson went on to explain that Dave Perkins, Perkins
Contracting, removed the curb and left the curb and debris on Mr. Johnson's property and in the
gutter. The contractor also caused damage to the top soil when he drilled holes to install pipes.
Due to this damage, grass does not grow on the property.
. Mr. Johnson also noted a problem with snowmobilers driving through the drainage ditch, 30 to 40
mph, to reach the ICO station. Mr. Johnson felt compelled to cut the trees out of the drainage ditch
to avoid the possibility of snowmobiling accidents in which he would be sued. Mr. Johnson noted
the problem relative to the snowmobilers still persists.
.
.
PLANNING COMMISSION WORK SESSION MINUTES
MARCH 10, 1998 - PAGE 3
Mr. Johnson also raised concern relative to the Nagle billboard which advertises alcohol and
cigarettes as well as other issues. He noted these items are being purchased by teenagers who
utilize the area behind his building to smoke. Mr. Johnson explained he has also maintained the
landscaping around the sign in an effort to keep this area safe and free from crime. He stated the
American Legion owns the ICO site as well as the property which contains the Nagle signage.
Nielsen explained the City is currently involved in a lawsuit with the contractor to clean up . this
area. Chair Borkon advised Mr. Johnson these are not issues which would be addressed by the
Planning Commission, however, she suggested Mr. Johnson contact Administrator Hurrn and
request a place on the agenda and then bring each of the issues to the City Council for their
consideration.. Mr. Johnson expressed concern speaking out at the Council meeting regarding
these issues since he felt it would upset a number of people.
Mr. Johnson expressed concern relative to the snowmobiling which occurs and the possibility a
fatality could occur. He suggested a path be created to allow the snowmobilers access to the reo
station. Mr. Johnson stated he would be willing to allow the use of his property for such a path.
Nielsen pointed out the issue of the billboard on the ICO site is a planning matter. He explained
the site exists as a nonconforming use, mainly because of the billboard. Nielsen also explained the
Commander of the American Legion has informed Nagle the Legion will not renew the lease on the
billboard. The current lease expires in approximately five months.
Mr. Johnson stated in the event the billboard is removed and the American Legion wants to have an
access through the side of his property, he would be in favor of this.
Commissioner Champa inquired whether the Commission would be in favor of making .a
recommendation to the Council asking them to speak with the American Legion to request they not
renew the Nagle lease. Nielsen noted it is the intent of the American Legion not to renew the lease.
Commissioner Callies felt it would be inappropriate for the City to become involved in this matter.
Commissioner Kolstad felt possibly the American Legion would be willing to regulate the content
of the sign if there were to be a future lease.
STUDY SESSION
3.
DISCUSS DRAFT ORDINANCE
FACILITIES
FOR TELECOMMUNICATIONS
Chair Borkon questioned whether commercial property could lease space to a telecommunications
carrier. Nielsen confirmed this would be permitted. He also pointed out whip antennas could be
placed in areas such as light poles. Chair Borkon expressed concern antennas could be placed
anywhere throughout the community. Nielsen pointed out they would be prohibited in residential
areas. In addition, he suggested elaborating in the Comprehensive Plan the instances in which City
property may be suitable.
Commissioner Kolstad expressed concern Shore wood is a prime location for antenna placement.
She asked whether the number of towers can be limited. Commissioner Kolstad felt there should
. be a limitation in the ordinance. Nielsen will consult the City Attorney relative to this issue. He
did n<;>t feel Shorewood to necessarily be a prime location and noted most cities are addressing this
very Issue.
Chair Borkon stated she would like to know how many. towers are capable of being placed through
this ordinance. Nielsen will investigate this. Chair Borkon inquired whether a tower would be
allowed in the water. Nielsen did not feel the DNR would permit this and noted the City will not
permit towers in the wetland areas.
PLANNING COMMISSION WORK SESSION MINUTES
MARCH 10, 1998 - PAGE 4
Commissioner Callies was unsure it would be possible to accurately anticipate how many towers
could be built within the city. Nielsen stated he will utilize the setbacks from residential properties
and estimating a 140 to 150 foot tower, this would give some indication. He stated he will also
anticipate some redevelopment of a site.
Commissioner Champa asked how many towers could be placed at one location. Nielsen stated
there will be a provision added relative to the separation which will be required between tower
sites.
Peter Beck, AT&T Wireless Services, was in attendance along with Dawn Burroughs, AT&T Site
Acquisition Coordinator. Mr. Beck provided the Commission with photographs of various
antenna and tower alternatives.
Mr. Beck provided background information relative to telecommunication services and the
necessary requirements. Commissioner Bailey asked how many locations would be desired in
Shorewood. Mr. Beck stated AT&T has one location and would like one additional location.
Commissioner Champa noted the main concern of the residents to be health related. Mr. Beck
stated the health issue concerns the antenna on the cellular telephone itself and not the antennas
which are erected.
Commissioner Kolstad asked if there are sites other than commercial which should be considered.
. Mr. Beck stated if the lower portion of the structure is effectively screened, it will not affect the
people who are in close proximity to the structure. He noted sports facilities are a favorable
location as well as golf courses and parks. Mr. Beck felt the commercial zones will provide more
visibility to people in the surrounding area. He urged the City not to eliminate tile water tower as a
possible site. Mr. Beck felt if the tower would not be available for use, it would be necessary to
erect a pole in another location.
Mr. Beck did not feel Shorewood to be a prime location, however, the city has the demographic
profile which will generate significant use. He felt the key issue is not how many sites there are,
but that each one is done appropriately so that there is not a disproportionate impact.
Commissioner Kolstad inquired whether there would be a benefit to the City meeting with the
various providers to establish a solution. Mr. Beck noted he has met with city staff of other
communities and provided input throughout the process.
Mr. Beck stated the five mile radius which was referenced is of concern noting in most situations
there would be at most half mile and typically less than a quarter mile of flexibility where the pole
would be located. He noted this does not relate to technology in any way and is a significant
burden upon the provider. Nielsen stated it is not included as a separation requirement, but
indicates that the provider has looked at alternative sites within a five mile radius. Mr. Beck felt a
half mile would be more appropriate.
With respect to required setbacks, Mr. Beck stated a monopole is extremely safe. Rather than
falling over, they are designed to fail by crimping at the top. He felt 160 feet would be a
reasonable height, however, the more height which is allowed, the greater the possibility for
colocation of another provider.
Mr. Beck felt a fence should be an option rather than a requirement. He stated generally if a city
requires a fence, the provider will install it, however, he did not feel a fence would deter someone
from attempting to climb the structure.
.
.
PLANNING COMMISSION WORK SESSION MINUTES
MARCH 10, 1998 - PAGE 5
He stated in most cities it would be a permitted use to utilize apartment buildings and other existing
structures, particularly structures the city owns.
With respect to abandonment, Nielsen inquired whether AT&T has ever abandoned a pole. Mr.
Beck explained that given the value of the pole, if the site were to no longer be used, the pole
would be taken down. He suggested the provider be allowed a one year period of time to find
someone to lease the site to.
Chair Borkon expressed concern the City will be mandated to utilize residential areas. She
suggested discussing this matter with the Council prior to proceeding to gain some direction.
Nielsen noted there is a study session scheduled at the end of March with the Council.
Nielsen will further review the ordinances and suggested looking at other areas which are not
residential such as the golf course. Chair Borkon stated she does not want to make sites available
in residential areas. Nielsen will request the City Attorney attend the joint meeting with the Council
as well.
Commissioner Callies stated it would be important to know if there. are legal standards relative to
separation of sites and the number of sites the City is required to have. Nielsen noted there are
standards in existence.
.
Commissioner Kolstad felt it important to allow this service for the residents, however, she stated
it needs to be as aesthetically pleasing as possible. This service needs to be provided in such a way
it will not detrimentally impact the area. She felt the City needs to take a pro active approach on
this matter.
Commissioner Collins commended staff on the work which was done on this ordinance. He felt
the concerns to be covered with a small amount of fine tuning.
Commissioner Bailey commented with respect to the revenues from a given site and felt if public
facilities are being utilized and residents oppose this, the revenues from that particular site should
be disbursed to the people who are being exposed to that tower. This may be an incentive if the
revenue were to be used for the park in that particular area.
.
Nielsen will provide information relative to how other cities handle the revenues which are
generated through the lease of the towers.
Commissioner Callies noted her agreement with Commissioner Collins the ordinance appears to be
a good one and would perhaps just need some fine tuning. She requested Mr. Beck provide his
comments in written form to Nielsen.
Mr. Beck expressed his appreciation to the Commission for taking the time to work through this
process and for listening to his comments.
Chair Borkon suggested extending an invitation to Jeff Foust to comment on this issue as well.
4. REPORTS
Commissioner Lizee reported she received a packet Friday evening. When reviewing it Saturday
morning, she noticed there had been a Council work session scheduled for Saturday morning at
8:30 a.m.
PLANNING COMMISSION WORK SESSION MINUTES
MARCH 10, 1998 - PAGE 6
Commissioner Champa explained Mr. Svoboda had offered to meet with anyone interested to
discuss the issue of wetlands prior to his going out of town. He stated he was aware of the
meeting a week prior and apologized for not notifying the Commission.
Nielsen explained the Council would like a volunteer from both the Planning and Park
Commissions to participate in a committee which will be developed to oversee the consultant's
work on the stormwater management plan.. It is anticipated this committee will meet on a weekday.
Commissioner Champa volunteered and stated he would be available. Commissioner Lizee also
expressed an interest in becoming a part of this committee.
5. ADJOURNMENT
Champa moved, Collins seconded adjourning the meeting at 9:55 p.m. Motion
passed 7/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off-Site Secretarial, Inc.
.
.
.. ....
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A
COMl\tIERCIAL NURSERY BUSINESS TO
AKORN SERVICES, INC.
WHEREAS, Akom Services Inc. (Applicant) has an interest in certain real property
located at 23505 Smithtown Road in the City of Shorewood. County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to significantly renovate the Shorewood Nursery
business which currently occupies the site; and
WHEREAS, the existing Shorewood Nursery business operates under conditional use
permits which were issued by the City of Shorewood in Council Resolutions 25-78 and 82-83,
which resolutions are on file in the Shorewood City offices; and
WHEREAS, modification of the previous conditional use permits requires a conditional
use permit, pursuant to Section 1201.19 Subd. 4. of the Shorewood City Code; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 27
November 1997, and 30 December 1997 which memoranda are on fIle at City Hall; and
WHEREAS, the Applicants' request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 6
January 1997, which memorandum is on fIle at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 2 December 1997, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for conditional use permits was considered by the
City Council at their regular meeting on 26 January 1998 at which time the Planner's memoranda,
the City Engineer's memorandum and the minutes of the Planning Commission were reviewed and
comments were heard by the Council from the City Staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-C. Residential/Commercial zoning
_ district and contains approximately 2.1 acres.
2 . That the Applicant proposes to remove all of the existing structures on the site.
except for the existing office building, and build a new trellis plant display area. a retail cashier and
conference gazebo, a prefabricated greenhouse structure and a residential style garage on the
property as shown on Exhibit B, attached hereto and made a part hereof.
{p~A
. ..
.
.
3 . That the existing parking lot is not paved and its entire width opens onto Smithtown
Road (County Road 19), making the parking lot nonconforming under Shorewood's zoning
requirements. ....
4. That the Applicant proposes to pave, curb and stripe the parking lot as shown on
Exhibit B, bringing the parking lot into conformance with the requirements of the Shorewood City
Code.
5. That the Applicant proposes additional landscaping and screening along the west
side of the site, abutting Wood Duck Circle, as shown on Exhibit C, attached hereto and made a
part hereof.
6. That the Shorewood City Code limits the hours of operation for commercial uses in
the R-C district to between 8:00 A.M. and 9:00 P.M.
7 . That the percentage of impervious surface on the site will be approximately 29
percent, slightly less than the current nursery operation.
CONCLUSIONS
1 . That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit for a commercial nursery at 23505 Smithtown Road.
2 . That this approval is subject to the following conditions:
a. The Applicant must obtain the approval of the Hennepin County Department of
Transportation for the two driveways to be located on Smithtown Road (County
Road 19). If such approval is obtained. the Applicant must remove an existing
driveway located on Wood Duck Circle and provide additional landscaping.
b. That, if the Applicant can not obtain the approval referenced in a. above, the
existing driveway located on Wood Duck Circle may be used. If said driveway
must be used, it shall be redesigned and posted to prevent truck traffic from using
it..
c.
The proposed buildings shall be constructed as shown on Exhibits D and E,
attached hereto and made a part hereof, and must be constructed in compliance with
the Minnesota State Building Code.
d. The proposed greenhouse structure will be constructed such that no less than
seventy-five percent (75%) of its exterior walls and roof surface area are of glass or
similar transparent or translucent rigid material.
e. The use of fertilizers and pesticides shall comply with the applicable rules and
regulations of the Minnesota Department of Agriculture
..
The Applicant must construct a six-foot high wooden fence along the east
side of the site, starting at the front setback line and extending south to the north
edge of the proposed garage at the rear of the site, so as to screen the outdoor
storage of building materials. Building materials shall be stacked no higher than six
feet.
f.
g.
Outdoor storage or display of building or landscaping materials shall be
confined to the buildable area of the property. except that landscaping and
.
.
..
construction materials may be stored up to the easterly property line, between the
front and rear setback lines.
h. The Applicant shall submit a signage plan for the property in compliance
with the requirements of the Shorewood City Code.
1. The Applicant must comply with the recommendations of the City Engineer,
including, but not limited to, obtaining a permit from the Minnehaha Creek
Watershed District.
J. All required screening, landscaping and parking lot improvements must be
completed prior to the issuance of a certificate of occupancy. If landscaping can not
be completed prior to occupancy, due to weather, the Applicant shall submit a cash
escrow or letter of credit for one and one-half time the dollar amount of the required
landscaping to ensure that it will be completed within eight months of the date of the
certificate of occupancy.
k. The Applicants shall comply with the requirements of Section 1201.19 of the
Shorewood Zoning Code.
4. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd
day of February 1998.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
..
.
.
..
Alternative to 2.r. on Pa~e 2
f. The Applicant must construct a six-foot high wooden fence along the east
side of the site, starting at the front setback line and extending south to a point 70
feet south of the northeast comer of the property, so as to screen the outdoor
storage of building materials. In the event that the building on the property to the
east is ever demolished, the Applicant shall extend the fence southward to the north
end of the storage garage located in the southeast comer of the property. Building
materials shall be stacked no higher than six feet.
.1
MEMORANDUM
TO:
.
FROM:
DATE:
RE:
FILE NO.:
BACKGROUND
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MlNNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netishorewood. cityhall@shorewood.state.net
Planning Commission, Mayor and City Council
Brad Nielsen
5 March 1998
Minnetonka Country Club - C.U.P. for Ballroom Addition
405 (97.35)
The Minnetonka Country Club Association, Inc. proposes to expand the main ballroom of
its principal building, located at 24575 Smithtown Road (see Site Location map - Exhibit
A, attached). Since golf courses and country clubs are listed as conditional uses in the
R-1A zoning district, the Association has requested a C.U.P. pursuant to Section 1201.10
Subd. 4.c. of the Shorewood Zoning Code.
.
The country club property contains approximately 101 ac~s of land. The clubhouse
building is located in the northeast comer of the site (see Exhibit B). Land use and
zoning surrounding the site are as follows:
North:
East:
South:
West:
Single-family residential and commercial; zoned R-1C and C-3
Commercial, City Hall and residential; zoned C-3, R-IC and R-IA
Single-family residential; zoned R-IC andR-1A
Single-family residential; zoned R-IA
It should be noted that the areas closest to the clubhouse facility are zoned and developed
as commercial to the north and east, with the Shorewood City Hall immediately east of
the clubhouse.
"....
" ~ c
"'....
[oE>
Memorandum
Re: Minnetonka Country Club C.U.P.
5 March 1998
The clubhouse building contains approximately 13,500 square feet of floor area on the
main level and approximately 11,000 square feet of floor area on the lower level. The
main level of the building is occupied by the main ballroom, kitchen area, bar, reception
area, offices and various meeting rooms. The lower level of the building is used
primarily for locker rooms, mechanical and storage. The Association proposes to expand
the main ballroom of the clubhouse building by approximately 875 square feet. The 14'
x 54' addition will be located on the south side of the building as shown on Exhibit Band
C. The open area beneath the addition will be used for parking golf carts.
The applicant states that the main reason for the addition is not to increase the occupancy
of the ballroom, but rather to accommodate a trend toward seating at round tables instead
of rectangular tables. Apparently the round tables require more space.
.
ANAL YSISIRECOMMENDATION
Section 1201.10 Subd. c. sets forth five criteria for golf courses and country clubs.
Following is how the Minnetonka Country Club and the proposed addition comply with
the Code:
1. The country club and golf course are primarily open and outdoor in character.
2. The total area of buildings and structures on the property is less than five percent
of the total area of the site.
3. The site is very well screened and landscaped from abutting residential areas.
4. The total land area, as well as building and parking setbacks well exceed the
minimum requirements for the R-IA zoning district.
.
5.
The proposed use is consistent with the general requirements for a conditional use
permit found in Section 1201.04 Subd. I.d.(l), sp<:cifically:
a. The country club and golf course are consistent with the semipublic land
use designation shown in the Shorewood Comprehensive Plan.
b. The use of the property is compatible with present and future land use in
the area. The clubhouse area which is the most active area of the country
club is located closest to commercial development and the city offices.
c. The country club does not depreciate the area in which it is located. In
fact it is a fairly safe assumption that the golf course enhances surrounding
property values.
.
.
Memorandum
Re: Minnetonka Country Club C.D.P.
5 March 1998
d. The country club (including the expansion) does not overburden the City's
service capacity. Utilities are more than adequate to handle the existing
use and the proposed addition. Primary access to the site is limited to one
driveway, located on a collector street (Smithtown Road) with close
proximity to a minor arterial (County Road 19).
One resident has expressed some concern about construction activity, particularly if the
golf course maintenance area near homes on Club Lane is used as a staging area. While
it is assumed that construction materials will be unloaded as close to the work site as
possible, the City may wish to make this a condition of approval.
Based upon the preceding, it is recommended that the conditional use permit be granted
as requested.
Cc:
Jim Hurm
Larry Brown
John Dean
Bo Witrak
Not to Scale
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REVISE:
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Exhibit E
BUILDING ELEVATIONS
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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:
DATE:
Brad Nielsen
30 January 1998
RE:
Mary Lake Addition - Revised Preliminary Plat
FILE NO.:
405 (97.27)
Mr. Tinnesand's request for approval of a three lot subdivision of the property located at 5910
Minnetonka Drive has been tabled since the October Planning Commission meeting. Mr.
Tinnesand'sconsultant has now responded to the issues raised in previous staff reports (see
Planner's Memorandum, dated I October 1997 and letter from OSM, dated 26 November 1997)
in his letter, dated 20 January 1998 (see Attachment 1).
. Following is a summary of the issues previously'raised:
1. Perhaps the most significant obstacle faced by the applicant was the acquisition of an
easement across neighboring property to construct the necessary storm sewer to drain the
subject property. We have been advised by Mr. Andy O'Brien, an attorney working on
this matter, that the applicant intends to purchase the lot to the north, then grant the storm
sewer easement. As of this writing we have yet to receive documentation of this
transaction.
2. The Minnehaha Creek Watershed District will not require a NURP pond in this case. The
applicant has identified the low area as a Wetland Conservation Act wetland. As part of
any final plat approval the applicant should be required to provide a drainage easement
for the wetland and the 35' wetland buffer area required by Shorewood's wetland
regulations.
,..
~t1 PRINTED o,'~ ?::CYC:..=0 O_A,;E k
bG
Memorandum Re: Mary Lake Addition
Revised Preliminary Plat
30 January 1998
page two
3. The applicant shows how homes could potentially be place on the two new lots. It is
recommended that the lot line between Lots 1 and 2 be pivoted to the northeast to create a
little more buildable area for Lot 1. Lot 2 has approximately 3120 square feet of area to
spare.
4.
As part of the final plat a more detailed tree inventory should be submitted, showing the
size and species of all significant trees on the lot. A preservation and reforestation plan
should be prepared by a certified forester or registered landscape architect. It is
anticipated that the applicant will be faced with the maximum tree replacement of eight
trees per acre (approximately 16 trees). The applicant's final plans should limit grading
and filling activities near the westerly lot line as much as possible. Consideration should
be given to requiring a trench box to minimize the width of the construction trench for the
proposed storm sewer.
.
5. Engineering issues addressed in the OSM letter, dated 26 November 1998, will be
addressed under separate cover by the City Engineer.
6. As part of the final plat approval the applicant will be required to pay park dedication fees
of $2000 ($1000 for each new lot) and $2000 in local sanitary sewer access charges.
Credit is given for the lot with the existing house on it.
7. The applicant must submit a complete final plat within six months of the Council's
approval of the preliminary plat. His final plat application should include an executed
drainage easement over the property to the north.
.
cc:
Jim Hurm
Larry Brown
John Dean
O'Dell Tinnesand
Roger A. Anderson & Associates, Inc.
CIVIL ENGINBBRING CONSULTANTS
7415 Wayzata Boulevard, Suite 107 . Minneapolis, MN SS426 · (612) 546-7035 · Fax (612) ~
January 20,1998
City of Shorewood
5755 Country Club Drive
Shorewood, MN 55331
RE: Mary Lake Addition, Shorewood, MN
Comm. No. 9372
~~
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Attn: Mr. Bradley Nielsen, Planning Director
.
Dear Mr. Nielsen:
In accordance with Planning Commission meeting comments and staff reviews, we have revised
the Preliminary Plat of the above subdivision. The revised plans and supplemental information
is enclosed for review and approval at the next available Planning Commission meeting.
Additional information regarding grading and drainage on-site, wetland delineation, Minnetonka
Drive culvert crossing, detailed stormwater calculations, tree inventory/survey and information
pertaining to the water table relative to domestic wells had been requested at the October 7 and
December 2, 1997 Planning Commission meetings. These items in addition to the comments
received from OSM & Associates have been addressed as follows:
1.
The easements for proposed storm sewer improvements have been revised to 20' wide
vs. 10' on the previous plan.
.
An easement agreement with the homeowner on the north side adjacent property has
been obtained for installation of the proposed storm sewer line.
3. Per the enclosed document, it seems the existing easements as shown on the adjacent
property to the west and north are correct (see enclosed document).
2.
4. The low area located on the west portion of proposed Lot 2 has a natural overflow to the
west/northwest with an elevation of 967.S:!:. The proposed lowest floor elevation for
proposed Lot 2 is 971.0, sufficient for flood protection.
5. Proposed lowest floor elevations are shown on the plan. The basement floor elevation
for Lot 1 has been raised to 965.5, 2.4' feet above the 100 year HWL of the adjacent
low area. The proposed look-out window elevation is now approximately 1.3' above the
emergency overflow elevation of this area (a walk-out home is nQ1 proposed on Lot 1 as
indicated in the engineer's review).
6. Proposed Lot 2 is now shown to utilize an existing sanitary sewer service from
Minnetonka Drive, subject to location verification.
Attachment I
LAN D D B V B LOP M B NT. M U N I C I PAL .H~j:"HWA' y s ..+R A
,;"r'
Mary Lake Addition
Page 2 of 2
7. The existing home on proposed Lot 3 will remain. New sewer service is not proposed
for this lot.
8. The proposed sewer service for Lot 1 has been shown 20' from the property line as
suggested in the engineers review. A distance of 10' should be considered as 2
additional trees may be preserved.
9. The proposed storm sewer pipe is now shown at the intended 15" size.
10. Acorn Environmental Consultants, Inc. was retained to make a wetland determination on
the low area of the site (SW comer). An approximate area of 900 SF:!:. was determined
to be probable wetland subject to spring verification (due to the late fall delineation).
Regardless, no alterations or impa~s are proposed in this area.
11. Erosion control measures and applicable best management practices during construction
are proposed.
.
12.
The Minnehaha Creek Watershed District (MCWSD) concurs that this site will not
require a permit under Rule B, Stormwater Management and Erosion Control. Additional
site information has been fOlwarded to the MCWSD to show no impacts to on-site
wetlands or floodplain alterations (see enclosed copy of MCWSD letter). It is the
applicant's intention to comply with any Watershed requirements throughout the review
process.
13. Drainage from the pipe crossing Minnetonka Drive will be maintained. Verification of the
pipe location shall occur prior to any construction.
14. Drainage calculations, tree inventory/survey, conceptual lot grading and research
indicating no restrictions on domestic water wells for this area were submitted on
November 19,1997.
If you have any questions, please contact our office.
.
Respectfully Submitted,
Roger . Anderson & Associates, Inc.
enclosures
cc: Judy GI~ason
',f;...
:..:";..;..:: ."-- ~;'. .........
Gray Freshwater Center
Hwys. 15 & 19, Navarre
Mail:
2500 Shadywood Road'
Excelsior, MN 55331-9578
Phone: (612) 471-0590
Fax: (612) 471-0682
Email:
.@minnehahacree~.org
ite:
www.minnehahacreek.org
Board 01 Managers:
John E. Thomas
President
C. Woodrow Love
Vice President
Pamela G. Blixt
Treasurer
.a Gross
cretalY
Thomas W. laBounty
--, Thomas Maple, Jr.
;
i Malcolm Reid
<
;
-/
- .
,
District Ollice:
Diane P. Lynch
District Administrator
~ Prir.:ed on re::yc:ea o.aoer cont;J1nloq
\:I 3( ~eJ~t 30~.. cost ccn~umer WJs!e
~lillnel1aha Creek
c/J?Z- fv1ary LO-Ke MC/
_ Waterslleaifi~lrm JAK 1 6 $
Improving Quality afWater, Quality of Lift
January 14, 1997
Mr. Layne Otteson
Roger A. Anderson & Associates
7415 Wayzata Boulevard. Suile 107
Minneapolis, MN 55426
RE: Mary Lake Addition, City of Shorewood
Dear Mr. Otteson: ~ I
-,
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We have received your letter in reference to the above mentioned project. Thank
you for informing us of your upcoming project. Based on the information you
have provided it appears this project would not be required to obtain a Minnehaha
Creek Watershed District (MCWD) permit under Rule B, Stormwater
Management and Erosion Control. Even though the project does not require a
Rule B permit, approved erosion control measures must be installed and
maintained throughout the construction process and until all disturbed areas have
been stabilized.
The project may require a permit under Rule C, Floodplain Alteration and/or Rule
D, Wetland Protection. The MCWD is the LOU for wetlands in the City of
Shorewood and therefore administers the Wetland Conservation Act in that city.
Please submit a site plan and explanation of the presence, if any, of wetlands and
floodplain on this site and what the potential impact'; might be.
Please call me at 471-0590 with any questions.
Sincerely,
~
District Technician
c: Larry Brown, City or Shorcwood
MARY LAKE ADDITION
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3 1.._ IlE'oISEIll'Ol ~ CllI/NIS$IOI AND OrY COOUENTS
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MARY LAKE ADDITION
SHOREWOOD, MINNESOTA
JUDY GLEASON
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.APPUCANT:
my GLEASON
pREf'ERREl) PRQPERl1ES
4725 EXCEI.SIClR 8OUl.EYARD
SUl1C: 401
SAINT LOUIS PARK. MN 55416
929-7928
SUR'JEYOR:
LOT SUR'JEYS. INC.
7601 73RD AVE. N.
MPl..S, MN $5428
560-3093
ENGINEER:
ROGER A. NlDERSOf II ASSoc.
7415 WAY'ZATA BLW~ 1107
t.lPLS. 11M 55426
548-7035
;
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PRELIMINARY PLA.T
.
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NQV-26-1997 09:21
P.02
& , fssoc:iafes
Engineers
Arcbitects
Planners
Surveyors
November 26,1997
~~~~
Mr, Larry Brown, P.E-
Director of Public Works
City of Shorewood
5755 Country Club Road
Shorewood. MN 55331
Re: Mary lake Adcfltlon
Preliminary Plat Review
Dear Lany:
We have completed our 4'Gviow of the preliminary Plat for the above-refereneed project,
submitted by Roger A. Anderson & Associates, Inc., dated September 2. 1997 (revised
11/14J97) and have the following comments:
1) The proposed stann sewer construction will require additionaf width for
maintenance purposes, between the north/south segment and the
proposed building pad for Lot 1, Block 1.
2) The eastlwest stonn sewer segment is proposed in an apparent
drainage easement for Minnetonka Hills. 2nd Adcfrtion. The drainage
easement Width illustrated does not provide enough width to install nor
malntain the proposed stonn sewer. Verification of the existing
drainage easements for MiMe10nka HDIs, 2nd Additlon as well as
additional easement width wiD be required for this proposed stann
sewer aHgnment. The City may prefer to comment further on poflCfes
regarding the installation of stann sewer from a new development along
an existing plat drainage easement
The preftminary plat illustrates a dtainage easement along the east and
north property lines of the parcel immediately west of the proposed
tfAVAIn{\mMt. VArifr.minn nf thj.q; ~'WTIAnt ~lllrl hA pmvided (we do
not M\lt!l r~rd "f smy ~b:lttino nf thitt M~nt p$reol) if it is: roqulrod
for drainage from this proposed deVelopment
3}
4)
The northwest comer of Lot 2, Block 1 contains a low area that may be
subject to frequent pending and should be included wilhin 1he drainage
easamenL The area between this lowland and the proposed buildl'tg
pad appears to be quite fIa1. Our topographic infonnation indicates the
overflow tor this Iowtand area Is at about elevation 970, matching the
proposed basement floor elevation for this IoL The basement floor
elevation should be at least two feet above the highest water elevation
attainable tor a 1 QO-y8ar stann nmoff event for this lot
H:I8'IOllI._1mll7.LAl1
_ PIrk PtaGe East
5775 Wap:lda ..........d
_olfs, _ 55411-1228
&12-595-6T1S FAX 812-581-&773 1-880-7SH175
.
.
NOU-26-1997 09:22
H:\9_~I':a197.1.A8
P.03
5)
Lot 1. Block 1 indicates a low floor elevation of 964 and a look out
elevation of 967.5. The elevation of 964 does not appear suitable for a
walk out on this lot since the adJacent ground elevation is at about 971.
If the proposed storm sewer for the low area of this lot were to faii for
some reason. the overland ouUet to the nor1hlnorthwest is at elevation
967. leaving only about o.5-feet of freeboard 10r the look out opening.
The specific minimum ftoor aIevations should be listed as such on each
lot (mduding lot 3).
6)
7)
A proposed sanitary sewer service is not incflCated for lot 2. Block 1.
Record drawings indicate two existing service stubs available to serve
this lot. The existing sanitary sewer and service stubs should be
indicated along MInnetOnka Drive.
Lot 3, Block 1 has an existing sanitary sewer service to Minnetonl<a
Drive. The preliminary pfat indicates a new service proposed along the
lot lines of Lots 1 & 3. to yellowstone Trail. The City may want to
consider serving lot 3 from 1he Minnetonka Drive service for any
potential new building on this lot.
9} The proposed sanitary sewer service for lot 1. BIoek 1 should be
located at least 2O-feet west of the proposed Ioeation to avoid future
maintenance encroachments onto lot 3, Block 1.
8)
10) The potential grading indicatecI for Lots 1 & 2 should be reviewed at the
time of tnJik:mg permit appIfcatIon to ensure positive drainage away
from the building peds proposed for these lots.
11)
We have perfonned a hydraulic analysis of the propcl$ed outlet pipe for
the low area in the southerly portion of Lot 1, BIoek 1 for a 1,10, and
100.year stann runoff events as weD as a 10O-year 10-day event Our
hydraulic analysis differs slightJy from the calculations submD:ted by
Roger A. Anderson & Associates, Inc.. resulting in a HWL of 962.1 for
a 1OQ-year stonn runoff event, compar8d to R.A.A. & Associate:s HWL
of 962.8. Our analysis was performed U$ing a 1s..inch cliwneter outlet
pipe. aJso used by R.A.A.. but the plans indicate a 12-inch outlet pipe.
OUf recommenda1ion is to provide a 1S..lnch outlet pipe to drain this low
area.
.
.
NOV-26-1997 09:22
P.04
This pre6minary plat review has been performed from an engineering standpoint with
regard to grading, drainage, street and undsrground utility design issues. If you have
any questions reganfmg our review of !his development plat, please do not hesllat& to
call me at 595-S696.
Sincerely,
ORR SCHELEN MAYERON
AND ASSOCIATES, INC.
~~.. \.-
Paul T. Hornby, P.E.
Project Manager
e: Brad Nielsen - Director of Planning - City of Shorewoocl
L,
PTHlmec!
tN7llll&OO\oi _IU1lI7.LA8
TOTl=L P. 04
Subject: Preliminary Plat Hearing
Date: Mon, 6 Oct 1997 10:17:58 -0500
From: "Lubke, Roger" <Roger_Lubke@ATK.COM>
To: '''City of Shorewood'" <cityha11@dorthy.state.net>
Planning Director/Council
Regarding P.I.N. 34-117-23-32-0017, Plat at 5910 Minnetonka Drive,
Preliminary plat hearing for Tuesday, 7 October.
I am Roger Lubke and have lived at 5915 Minnetonka Drive for 26 years. I
want to speak against dividing the property at 5910 Minnetonka Drive
into 3 homesites for the following reasons:
I} Storm drainage - We all know that there are several properties in
Shorewood that play key roles in storm runoff, and this property is one
of them. There is the general drainage of neighborhood water to 5910
and subsequently to the adjacent lake. Even more specific, there is a
pipe that runs off my property, underneath Minnetonka drive, and over to
f:lot at 5910. This accommodates spring runnoff as well a strong
er rains. I can also attest to the fact that violent summer rains
ave created flooding at the property immediatly to the west of 5910 due
to the sensitive nature of the drainage in neighborhood. Building two
additional homes on the lot at 5910 most likely would seriously affect
the drainage in the entire neighborhood and should not be permitted.
2} Property values - Our neighborhood is characterized by large lot
sizes. I have been told, for instance, that the value of my property is
not so much based on the house, which is modest, as is the house at
5910, but rather on the nearly one acre size of the lot. The 1.5 acre
size at 5910 enhances the general area values as well as mine and
therefore should not be subdivided.
3} Neighborhood character - The large lot sizes, and subsequently low
housing density, gives the neighborhood unique character in the modern
day of compact housing development. The large lot sizes provide large
"green spaces" without having to place parks to achieve the same effect.
~ a result there is a certain beauty in the immediate neighborhood with
~ massive oaks and maple trees which is injoyed by joggers, walkers,
my family, and visitors to the neighborhood. In fact this is why I
bought the property at 5915, 26 years ago and why I have not asked to
break up my own propery (and never will). Adding two more houses to the
5910 property will convert that area to high density development,
compared to the remainder of the neighborhood, and most probably result
in the cutting down of many of the grand old trees dotting the property
as well as the small woods on the north edge of the property.
Incidently, in my many drives to view Fall colors, my wife and I always
come back to our neighborhood and comment that, truly, we have not found
many areas more colorfull than ours.
So, for the above reasons, I would appreciate the Planning Commission
and the Council to disapprove the subdividing of the lot at 5910 into 3
homesites. I submit that this action means more to us who contiunue to
live here than it does to the developer who does not live here, or to my
good neighbor, Mr Tinnesand, who is moving away.
I hope to attend the Tuesday hearing also.
Thank you.
Roger Lubke
5915 Minnetonka Drive
...
.
.
MEMORANDUM
TO:
FROM:
DA TE:
RE:
FILE NO.:
BACKGROUND
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
Planning Commission, Mayor and City Council
Brad Nielsen
1 October 1997
Mary Lake Addition - Preliminary Plat
405 (97.27)
Mr. Odell Tinnesand owns the property located at 5910 Minnetonka Drive (see Site
Location map - Exhibit A, attached). Mr. Tinnesand's niece, Ms. Judy Gleason, has
'requested, on behalf of her uncle, preliminary plat approval to subdivide the property into
three lots, as shown on Exhibit B.
The subject property is zoned R-1C, Single-Family Residential and contains 68,925 square
feet of area (1.58 ac.). It is occupied by Mr. Tinnesand's home and a small outbuilding.
The applicant proposes to remove the outbuilding. The contours of the site are somewhat
rolling, dropping from a 974 elevation along the easterly portion to a 964 "hole" in the
southwest comer. Numerous trees are found on the site, particularly adjacent to the
northerly property line and in the northwest comer. The property is surrounded by single-
family residential development, also zoned R-IC.
The proposed lots contain the following areas:
Lot 1 - 25,420 square feet
Lot 2 - 23,120 square feet
Lot 3 - 20,385 square feet
ISSUES AND ANALYSIS
From simply a zoning perspective the applicant's request is somewhat simple. The lots all
comply with the minimum requirements of the R-IC district. Following is a tabulation of
how the lots comply:
A Residential Community on Lake Minnetonka's South Shore
.
...
.
~
. ~
Memo Re: Mary Lake Addition
Preliminary Plat
1 October 1997
Lot Area Lot Width Lot Depth
Required: 20,000 sq. ft. 100 ft. 120 ft.
Lot 1: 25,420 sq. ft. 103 ft. 251 ft.
Lot 2: 23,120 sq. ft. 150 ft. 127 ft.
Lot 3: 20,385 sq. ft. 112 ft. 171 ft.
The existing house, which will be located on Lot 3, also complies with the setbacks of the
R -1 C District.
Despite the its compliance with zoning requirements, the plat raises some question with
respect to drainage. Staff shares the concerns of the adjoining neighbor to the west (see
letter, dated 29 September 1997 - Exhibit C) regarding the low area in the southwest comer
of the property. It is recommended that the applicant's engineer show proposed building
locations and submit detailed stormwater calculations to determine to what extend the site
must be altered to accommodate a house on Lot 1. If onsite ponding is required the
applicant must also complete the tree inventory for the northerly portion of the site and
prepare a tree preservation and reforestation plan.
RECOMMENDA TION
In view of the concerns raised herein it is recommended that the request be tabled to the 4
November Planning Commission meeting, prior to which the applicant should submit
engineering plans addressing drainage.
cc:
Jim Hurm
Larry Brown
John Dean
Judy Gleason
Odell Tinnesand
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PRELIMINARY PLAT
SENT BY: IT I
9-30-97
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Mr. Brad Nielson
Planning Director
City of Shorewood
5755 Country Club Road
Shorcwood, MN 55331:
Mr. Nielson:
This letter is in regards to the public hearing notice regarding the property belonging to O'Dell
Tinnesand at 5910 Minnetonka Drive. I own tho property adjacent to Mr. Tinnesand to the west
at 23820 Yellowstone Tr.
.
After reviewing the detailed drawing of the proposed plat, 1 would like to go on record as having
the foJ lowing concerns.
1. Plat number 1 (25, 420 SF) is mostly low land in the vicinity near the street (yellowstone
Tr.). I feel that any fiU that would be added to this area would impact the amount of water
that cullects un my hUld. Therefor, 1 would be strongly opposed to adding any fill to that lot
for any reason. There is a drain tile (about 4 inches in diameter) in this low area, however it
is usually plugged with ice in the spring time. At thesc times, the water in this low area is as
much as ] 2 inches deep and encroaches on my driveW'clY... any more and it would he in my
house. Furthennorc, during heavy rains, the existing drain is not adequate to handle the
large amount of water, and a pond forms at these times as well. During the times of heavy
rains, it is the si7.e of the low land that prevents my house from taking on water.
2. The lot that the house is on (#3), is Jisted as 20,385 square teet. I was under the impression
that the minimum lot size is ]/2 acre. If this is the case, 1 would be opposed to granting a
varianceo__... \.',
3. The retaining wall on my property is improperly referred to as a flood wal1. Since it would
be inconsequential in keeping my house dry, I resist that label. (fear that reterring to it as a
flood wall would give the false impression that it would protect my property from a flood.
.
If possible, I would appreciate it it"you could send me a copy of any city ordinances regarding
the suitable site requirements, wetland ordinances and ordinances protecting me from trespass on
my property caused by changes to the pattern of water drainage. If you can not provide this
information, please call me at 559~1785, to let me know how I may procure them. Many thanks.
Also, I request to be put on the agenda fer the meeting if the meeting will be upen to comments
from the public.
Sincerely,
Dd:;/?~~
David Weider
23820 Yellowstone Trail
Shorewood, MN 55331
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Exhibit C
RESIDENT LETTER RE: DRAINAGE
Dated 29 September 1997
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 7, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 7:01p.m.
ROLL CALL
Present:
Chair Pisula; Commissioners Borkon, Kolstad, Lizee and Turgeon;
Planning Director Nielsen; Council Liaison O'Neill
Absent:
Commissioners Champa and Foust.
APPROVAL OF MINUTES
.
Turgeon moved, Lizee seconded approving the Planning Commission Minutes of
September 16, 1997, as amended on Page 1, Last Paragraph, change to read:
"Commissioner Lizee felt the units would need to be counted so that units 38, 39,
42, 43, 46, and 47 lie wholly within the RIA district and units 37, 40, 41, 44,
45, and 48 lie wholly within the RIC district since each unit is being plotted with
its own property." Page 2, Paragraph 6, Sentence 2, change to read: "Six units
are split between the zoning districts and units 38, 39, 42, 43, 46 and 47 lie
wholly within RIA and units 37, 40, 41, 44, 45 and 48 lie wholly within RIC;"
Paragraph 7, Sentence 3, change to read, "to allow some on-street parking on one
side of the street." Delete Paragraph 1 on Page 3; Page 4, Paragraph 6, change to
read, ." suggested illumination not be allowed from the hours of 12 midnight to
6:00 a.m." Motion passed 5/0.
t1.
PUBLIC HEARING. PRELIMINARY PLAT - MARY LAKE ADDITION
Applicant: Judith Gleason, representing O'Dell Tinnesand
Location: 5910 Minnetonka Drive
Planning Director Nielsen reviewed the matter in detail and recommended the request be tabled to
the November 4, 1997 meeting of the Planning Commission to allow the applicant an opportunity
to submit engineering plans addressing drainage.
Roger Anderson, Civil Engineer, 7415 WayzataBoulevard, Suite 107, appeared on behalf of Ms.
Gleason and Mr. Tinnesand. Mr. Anderson explained this plat meets the zoning requirements. He
noted sanitary sewer is available in the area and it is likely a new well will be installed which would
be shared by all three homes.
Mr. Anderson proposed at the time of the plat that no grading be' performed. It was his opinion an
architect, a builder and a new lot purchaser could fit a home in to match the lot. He felt this would
create an opportunity to save trees based on the location of the homes given the current layout of
the property.
With respect to hydrology, Mr. Anderson stated there is more contribution from off site than from
on site~ Based on calculations he has made, Mr. Anderson felt the impact created by the new
homes would be approximately 10 to 15 percent.
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PLANNING COMMISSION MINUTES
OCTOBER 7, 1997 - PAGE 2
Mr. Anderson pointed out the drain on the site and explained it does drain out to Mary Lake. Mr.
Tinnesand, 5910 Minnetonka Drive, was also in attendance and he related the history surrounding
the drainage situation on the property.
Chair Pisula opened the public hearing at 7:28 p.m.
David Weider, 23820 Yellowstone Trail, expressed concern relative to drainage. He noted in the
spring and winter the drain tile routinely becomes plug resulting in a fair amount of standing water
which encroaches onto his driveway. Even when the drain is clear, heavy summer rains will
produce some pooling of water. Mr. Weider also commented on the rain event in 1987 which
resulted in significant flooding on his property. Mr. Weider pointed out he has a 4-foot wide oak
tree on his property which he would like to ensure is protected.
Jim Hamstra, 23930 Yellowstone Trail, asked for a clarification of the zoning for the area. He also
commented on problems with drainage in the area, typically in the spring when snow is melting.
Mr. Hamstra also recalled the flood problems which resulted from the storm of 1987.
Rick Howell, 5865 Minnetonka Drive, presented a petition from the adjoining property owners in
opposition to Mr. Tinnesand's request. The neighbors feel this development will significantly
change the character of their neighborhood.
Roger Lepke, 5915 Minnetonka Drive, stated Mr. Tinnesand has been a very good neighbor and
stated he makes his comments with much consternation and trepidation. Mr. Lepke commented on
the pooling and drainage problems which have occurred in the area over the years.
Mr. Lepke felt constructing more houses in this area will leave the appearance of a housing
development which will adversely affect the character of the neighborhood. He also expressed
concern that higher density in the area will reduce property values.
Roger Leak, 5870 Minnetonka Drive, expressed concern that the three homes will share one well.
He inquired whether a study will be performed to determine how many new homes and new wells
will be allowed in this particular area.
Jim Eddy, 5830 Minnetonka Drive, expressed concern relative to additional traffic being generated
in the area given the number of children currently in the area and the increase in housing.
Hearing no further public testimony, Chair Pisula closed the public hearing at 7 :54 p.rn.
Commissioner Turgeon inquired whether the Watershed District will review this property. Nielsen
explained City Engineer Brown is checking into this matter. The City has recommended that a
grading plan be submitted.
Commissioner Kolstad asked how the culvert crossing Minnetonka Drive will be dealt with.
Nielsen commented the concern on this property is relative to the additional water which will be
generated. He stated a 4-inch PVC is typically not adequate to drain a property. The minimum
currently allowed would be a 12-inch storm sewer. The engineer will also review this issue as part
of a grading plan. The only outlet for the hole currently appears to be the 4-inch pipe.
Commissioner Lizee stated she would like to see the engineer's report regarding drainage and
grading. She would also like to know the position of the Watershed District.
Commissioner Borkon raised the issue of the water table and number of wells in relation to the
water table and asked if there is a point in which an alternative. is considered such as municipal
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PLANNING COMMISSION MINUTES
OCTOBER 7, 1997 - PAGE 3
water. Nielsen stated this has not been an issue. In addition, the aquifers in the area are adequate
to serve the proposed density which is projected for Shorewood under the current zoning patterns.
With respect to the community well which would be shared by the three homes, Nielsen explained
this can be proposed, however, the City would expect each home built on this property to be
served by its own well system.
Commissioner Borkon felt the information available at this time to be insufficient with which to
make a decision.
.
Commissioner Turgeon asked if there had been any consideration given to blocking the roadway at
either Yellowstone Trail or County Road 19. Nielsen stated this has not been considered, however
he noted there has been some shortcutting through the area. Commissioner Turgeon suggested a
traffic count be performed on this roadway.
Commissioner Turgeon commented that she sympathizes with the neighbors and the petition,
however, neither the Council nor the Planning Commission have the power to deny the property
owner the ability to develop the property in a manner which meets the criteria for that particular
area.
Chair Pisula suggested the neighbors meet with Mr. Tinnesand in an attempt to reach a proposal
which would be mutually acceptable.
Commissioner Turgeon requested the 4-foot wide oak tree on Mr. Weider's property be kept in
mind to avoid any damage occurring to the tree.
Mr. Anderson provided some photographs of the area depicting the location of the drain.
Kolstad moved, Borkon seconded tabling consideration of the request for
preliminary plat . Mary Lake Addition for Judith Gleason, representing O'Dell
Tinnesand, 5910 Minnetonka Drive to the November 4, 1997, meeting of the
Planning Commission to allow the applicant to provide additional information
relative to a grading plan, drainage on the site, a wetland delineation, the
handling of the culvert across Minnetonka Drive, detailed storm water
calculations, detailed tree inventory and additional information on the water table
relative to wells. Motion passed 5/0.
2. PUBLIC HEARING. ZONING ORDINANCE AMENDMENT RELATIVE
TO SIGNS
Applicant: Friends of the Southshore Senior/Community Center
Glenn Froberg appeared on behalf of the Friends of the Southshore Senior/Community Center.
He stated the Center needs to have a sign with a message board which is visible from County Road
19. Mr. Froberg felt an intemally lit sign would be easier to see from the highway and would be
more adaptable for changing the message. Mr. Froberg felt this type of sign would be more 'Visible
as well as aesthetically acceptable to the area and would not create a hazard to passing motorists.
Chair Pisula opened the public hearing at 8:27 p.rn. Hearing no public testimony, the public
hearing was closed at 8:27 p.rn.
Commissioner Lizee felt the key points to be attractive, aesthetic and non-hazardous. She stated
she is in agreement with Chair Pisula's memo regarding intema11y lit signs and felt this sign would
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PLANNING COMMISSION MINUTES
NOVEMBER 4, 1997 . PAGE 7
inspection of the NURP pond; that a roof drainage plan be submitted and subject
to any additional recommendations in the October 29, 1997, staff report. The
developer is encouraged to work with the residents on the color issue. Motion
passed 6/0.
k 4.
PUBLIC HEARING. PRELIMINARY PLAT. MARY LAKE ADDITION
(Tabled at the October 7, 1997 Planning Commission Meeting)
Applicant:
Judith Gleason, representing O'Dell Tinnesand
5910 Minnetonka Drive
Location:
Planning Director Nielsen recommended consideration of this item be tabled to the December 2,
1997, meeting of the Planning Commission to allow the applicant a sufficient opportunity to
provide additional information relative to stormwater run off calculations. He suggested a deadline
of November 14, 1997, for submission of the stormwater calculations.
Roger Lepke, 5915 Minnetonka Drive, noted a new family has moved into the residence and asked
if a home can be turned into rental property without any kind of approval by the City. Nielsen
stated single family residences can be rented without City approval.
Lizee moved, Borkon seconded tabling consideration of the preliminary plat .
Mary Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910
Minnetonka Drive, to the December 2, 1997, meeting of the Planning Commission
with submissions of the stormwater calculations by November 14, 1997. Motion
passed 5/0.
5.
MATTERS FROM THE FLOOR - None
6. REPORTS
Commissioner Kolstad reported the City of Excelsior discussed, at their Council meeting, the
traffic on Second and Third Avenues off of Mill Avenue. She stated it has been recommended that
a block be established on Third Avenue at Division Street. Commissioner Kolstad noted the
Christmas Lane cul-de-sac was also discussed and it was suggested it be reopened to Mill Street.
She suggested Shorewood work with Excelsior and MNDOT on this matter given the impact it will
have on both communities.
* * *
Commissioner Kolstad commented on a memorandum which was distributed to the Commission
relative to her concern regarding text amendments. She suggested proposed text amendments be
noticed in the paper as well as on a broader basis to allow anyone being impacted an opportunity to
raise their concerns. This will also bring the Commission's attention to situations which may
otherwise not have been raised or considered.
Borkon suggested an article be included in the newsletter descnbing a text amendment, its
importance and the impact it may have on a resident.
.
Development Monitoring
Nielsen reported Marsh Pointe is proceeding well. Commissioner Lizee requested a stop .sign be
( placed in front of the model home. Brown will have the sign posted.
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PLANNING COMMISSION MINUTES
DECE:MBER 2, 1997 - PAGE 6
Turgeon moved, Lizee seconded approving the preliminary plat - Mary Lake
Woods for James Wyman, 24020 Yellowstone Trail, subject to staff
recommendations, and consideration being given to a rezoning of Lot 8 from Rl C
to RIA subject to the owner's approval and deleting Item No. 8 of the
Preliminary Grading and Drainage Plan of OSM & Associates. Motion passed
6/0.
Chair Pisula recessed the meeting at 9:33 p.m. and reconvened at 9:40 p.rn.
PUBLIC HEARING. PRELIMINARY PLAT - MARY LAKE ADDITION
Applicant: Judith Gleason, representing O'Dell Tinnesand
Location: 5910 Minnetonka Drive
.
Planning Director Nielsen recommended this matter be tabled to allow the applicant sufficient time
to demonstrate he has the ability to obtain the easement over the adjoining property as well as the
necessary Watershed District approval. Mr. Roger Anderson was in attendance and addressed the
issues which were raised by the City Engineer.
The Commission was provided a copy of a letter dated November 14, 1997, from Troy Gamble,
Professional Engineer, Roger Anderson & Associates, to Nielsen responding to questions and
concerns which had been raised at the October 7, 1997 meeting of the Planning Commission. Mr.
Anderson reviewed this letter in detail.
Chair Pisula opened the public hearing at 9:49 p.rn.
Roger Luebke, 5915 Minnetonka Drive, stated water is flowing through the culvert underneath
Minnetonka Drive and it therefore does exist. He noted the culvert has not been identified by metal
detectors because it is not constructed of metal.
Mr. Witer commented relative to easements stating he would not be inclined to grant an easement
relative to a storm sewer. He expressed concern relative to preserving the existing trees and this
easement would result in the loss of a number of trees. He stated he will keep an open mind, but
his inclination is that he would not be in favor of an easement. Mr. Witer felt there to be drainage
issues and he requested additional information relative to easements.
Hearing no further testimony, Chair Pisula closed the public hearing at 10:00 p.rn.
Commissioner Kolstad questioned who performed the wetland delineation. Mr. Anderson
explained a wetland delineation has not been completed, however, a wetlands expert could be
utilized.
Commissioner Kolstad inquired whether there has been a resolution regarding the culvert on
Minnetonka Drive. Mr. Anderson felt this issue can be addressed.
Commissioner Kolstad asked about the stormwater calculations and who prepared them. Mr.
Anderson noted he had prepared them and had been more conservative in his calculations than the
City had been. The calculations have been submitted to the City for review.
Commissioner Kolstad expressed concern that this is a low area which sometimes floods and
asked how the wetland delineation is being handled. Nielsen explained when a wetland is not
apparent, the City relies on the applicant's consultants to perform the necessary testing. If there is
a question relative to the wetland, the matter is referred to the Watershed District.
PLANNING COMMISSION MINUTES
DECEMBER 2, 1997 . PAGE 7
(-
Commissioner Turgeon questioned whether these issues can be resolved given the fact this request
has already been tabled twice since October and there does not seem to be substantial progress
which has been made.
Mr. Anderson noted he received the City Engineer's letter just the day prior to this meeting. In
addition, he noted his understanding this matter has been tabled on only one prior occasion.
Commissioner Turgeon commented the points raised ~ the report of OSM will need to be
addressed at the February 3, 1998 meeting of the Planning Commission.
Turgeon moved, Lizee seconded tabling the request for preliminary plat . Mary
Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910
Minnetonka Drive to the February 3, 1998 meeting of the Planning Commission.
Motion passed 6/0.
4. PUBLIC HEARING . C.U.P. FOR SPECIAL HOME OCCUPATION
PERMIT
.
Applicant: Sondra Traylor
Location: 23115 Summit Avenue
.
Dr. Traylor was in attendance. She did not feel backing out of the driveway to be of concern based
upon her experience. She felt there would consistently be only one car in the driveway. Based
1;1pon her observations, there has been overlapping of patients only once per day.
Dr. Traylor inquired whether she would be able to obtain a variance relative to the number of
parking spaces which are required. Nielsen explained a variance could be requested, however, Dr.
Traylor would be required to demonstrate hardship which does not allow her to make reasonable
use of the property without the variance. He felt it unlikely a hardship could be demonstrated.
Commissioner Borkon inquired what would become of the nonconforming paved area. Nielsen
explained it would be eliminated.
Chair Pisulaopened the public hearing at 10:30 p.m.
Art Partridge felt this to be a commercial use which has been permitted without a public hearing.
He felt if a doctor office is to be permitted, the property should be zoned in that fashion. Mr.
Partridge remarked if Dr. Traylor's business is such that an employee is required, perhaps a
commercial office space would be more appropriate. Mr. Partridge noted there have been cars
parked in the nonconforming area all week.
Commissioner Turgeon pointed out this employee would be hired for purposes of office type work
and would actually not be increasing the business. Mr. Partridge expressed concern relative to
how this situation would be monitored.
(
Jane Partridge felt a mistake had been made in issuing a home occupation permit which allows this
use on the property.
Commissioner Borkon inquired relative to the requirements for a Conditional Use Permit Nielsen
explained the issues of traffic, parking, signage, and hours of operation are to be considered when
issuing a Conditional Use Permit.
Hearing no further testimony, Chair Pisula closed the public hearing at 10:36 p.rn.
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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
i\1EMORANDUM
TO:
FROM:
DATE:
RE:
Mayor and City Council
Brad Nielsen
19 March 1998
mE NO.
Sign Permit - Nail Gallery (Waterford Shopping Center)
405 (Sign Permits)
A La Pointe Signs, on behalf of Nail Gallery, has requested a sign permit for the Waterford
Shopping Center. 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.
While the proposed plan is consistent with the originally approved sign plan for the
shopping center, it has come to our attention that several sign violations currently exist on
the property. Several businesses have erected window signs in violation of the conditional
use permit that was issued for the center. One of the businesses has window signs with
flashing lights, which are specifically prohibited throughout the city.
It is recommended that the sign permit be approved, but only on the condition that the
property managers for the center correct the existing violations prior to the new sign being
installed.
If you have any questions relative to this matter, please do not hesitate to contact my office.
..
Jim Hurm
Ed Doucet
Griffin Company
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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
MEMO
TO:
FROM:
Mayor and City Councilmembers
AI Rolek, Finance Director tJt---
DAlE:
March19, 1998
.
RE:
Request to abate and refund late penalty charges on utility account for 5590
Timber Lane
You have received a request for the abatement and refund of late penalty charges incurred
on utility charges paid after the due date for 5590 Timber Lane. The owner of the property,
Mr. Paul Eidsness, states that this property was rented to a Mr. Suba, and the penalty
charge was incurred because Mr. Suba didn't pay his bill on time. Mr. Suba has since
moved from the property.
It has been the City's policy to bill the owner of a rental property for utility charges unless
the owner specifically requests that the renter be billed. When the owner makes such a
request, they retain the ultimate responsibility for the timely payment of these charges. The
account for this property has been paid late each billing period except one for the last six
periods. It is also the owner's responsibility to inform the City of a change in occupancy.
.
In most cases, the owner holds a security deposit from the renter to guard against these
types of situations. I don't know, and Mr. Eidsness does not state, whether such a deposit
has been retained by Mr. Eidsness.
Should you have any questions relative to this situation or if you would like additional
information, please call me prior to the meeting.
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March 9, 1998
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City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor and City Counsel:
I am writing to request leave from a $35.24 penalty imposed on a sewer bill that was the
resposibility of a former tenant of mine, Steve Suba.
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Mr. Suba paid his City bills until he moved out in August of 1997. At that time he neglected to
pay his outstanding balance. The City sent to his new address in California another notice of .
amount due, but he has not paid. Accordingly, I, as the owner of the property, have paid the
balance owed, the sum of$157.77. A copy of my draft and cover letter to your city is enclosed
herewith.
I am hereby requesting that the City refund the penalty it assessed for late payment of this bill.
The late payment was caused by my tenant, Mr. Suba. Penalizing him would be fair, penalizing
me does not effect a remedy, as I already pay all my bills promptly. As it would happen, I also
pay Mr. Suba's bills promptly, as I have reconciled his account as soon as I could upon learning
of his delinquency.
Thank you for your kind attention to this matter.
enclosure
.
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March 9, 1998
City of Shorewood
5755 Country Club Road
Shorewood. Mn 55331
Dear Billing Department:
Enclosed is my check in the amount of $157.77 for the Suba portion of the outstanding balance
owed on 5590 Timber Lane.
As you can see from the letter to the Mayor and City Council enclosed along with this check, I
am asking the City for a refund of the penalty amount. Please forward the enclosed letter and
. copy of this letter to the Mayor and Council in time for the next meeting. Thank you!
Very truly yours,
Paul T. Eidsness
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enclosure
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PAUL T. EIDSNESS
Lie. E325676792924
5592 T1MBERU\NE PH. 612-333-6371
SHOREWOOD, MN 55331
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On the shores of Lake Minnetonka
EXCELSIOR AREA CHAMBER OF COMMERCE
March 10, 1998
Mr. Jim Hurms
City Manager
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Jim:
.
I would like to extend a personal invitation to the City of Shorewood to join the Excelsior Area Chamber of
Commerce. The Excelsior Area Chamber of Commerce exists because of the commitment of our business
community. A healthy business climate benefits everyone and makes the area an attractive place in which to live
and work. Membership in the Chamber provides the City of Shorewood with an opportunity to support the
business people who live and work in our community.
Over half of our member businesses are located in Shorewood and at least half of our members live in Shorewood.
I believe that this is one compelling reason for the City of Shorewood to become a participating member of the
Excelsior Area Chamber of Commerce. We have added an additional category to our business membership
categories to make it affordable for city municipalities to join the Chamber. The annual investment for the City of
Shorewood would be $120, plus a one-time $25 capital fund fee.
. 3..
4.
5.
Your membership in the Excelsior Area Chamber of Commerce provides you with:
1. A forum for issues that effect the business community and ultimately the community at large.
2. An opportunity to be directly involved with the Chamber's efforts to attract and keep businesses
in our area through work on the Economic Development Committee.
Opportunities for business contacts.
Monthly newsletter to communicate with other members and advertise activities & events.
An Executive Director who acts as a liaison between members and the general public and represents
the Chamber through prof~ssional organizations and activitic::;.
Participation in Chamber-sponsored events.
Personal growth and leadership opportunities.
6.
7.
Working together, we can enhance the business environment of our area to provide the needed goods and services to
our citizens, attract businesses that will provide employment opportunities for our communities, and maintain the
1.ijli.queness of our area and build around that uniqueness. Please join us!
Sincerelv.
.--,'" '
/',
z..:..:;:;-'c...~() A-~
I ~-~
Betty Dunne
Executive Director
cc: Tom Dahlberg. Mayor
1tB
Statement
EXCELSIOR AREA CHAMBER OF COMMERCE
BOX 32 · EXCELSIOR, MINNESOTA 55331 . PHONE (612) 474.6461
CORRECTED STATEMENT
March 12, 1998
Date
To
.
Jim Hurm, City Manager
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
.
Membership Investment Category F (Municipality) $120
One-time Capital Fund Fee 25
Total Due $145
Please respond to the following so we can better serve your interests
and needs:
General Meeting Time Preference:
Thank You!
Earlya.m._ Noon_ P.M._
Suggested Meeting Topics:
EducationallLearning Seminars:
Contact Name:
Contact Phone:
Fax No.:
Company Web Site:
e-mail address:
Willing to participate on a committee:
.
This information will be used in the Directory
Economic Development _
Ambassadors/Membership _
Governmental Affairs
Other
To:
Mayor and City Council
From:
James C. Hurm, City Administrator
*'
Date:
March 19, 1998
Re:
Framework for a Land Conservation Program in Shorewood
cc:
Planning Commission
Park Commission
.
Attached is a draft resolution establishing an ad hoc committee on land conservation for
consideration at the 3/23/98 City Council meeting. This is as a result of the discussion held at the
open space work session of March 16. It is important for a framework to be established for the
work of this committee. What staff heard at that work session is that there are certain tasks that
the committee should take on right away upon establishment. It would look into the "easier" land
conservation tools such as conservation easements and the City offering assistance to neighbors
who would intend to buy land with private funds. In fact, we should begin educating the public
immediately about the tool of conservation easements. Secondly, the committee should begin
working on tools which take a greater effort and a greater amount of time to develop, such as
going to referendum to authorize bonding for the City to acquire land. There are of course
additional tools such as those in the realm of the Planning Commission: i.e. planned unit
developments and cluster zoning.
We need to be very clear on the role of each commission and committee in this effort. Who is
expected to do what? You might want to consider the following roles:
.
Ad Hoc Committee:
See attached resolution.
Plannin~ Commission:
. Develop an open space plan, including developing criteria for prioritizing lands to be acquired.
. Review all local land use control tools and determine how each could be effectively utilized in
open space plan implementation.
. Provide a liaison to the ad hoc committee in developing an implementation report for the City
Council.
Park Commission:
. Offer input on prioritizing the type of land to be purchased and how it could be utilized in
relation to parks and trails.
. Provide a liaison to the ad hoc committee in developing an implementation report for the City
Council.
-j:/:
Framework for Land Conservation Program in Shorewood
March 19, 1998
Page 2 of 2
Depending upon the program that is developed and how implementation will be accomplished, the
City Council may wish to consider redefining the role of the Park Commission to include open
space, particularly when the ad hoc committee is dissolved at the end of 1998. You may also find
the Shorewood Park Foundation has a role to play.
e
lIIl..-
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION ESTABLISHING AN
AD HOC COMMITTEE ON LAND CONSERVATION
WHEREAS, approximately ninety percent of Shorewood's developable land has been
developed; and
WHEREAS, the City of Shorewood has a deep appreciation for natural resource
conservation and open space; and
WHEREAS, the City Council is aware of the various tools available to local governments
for land conservation purposes; and
WHEREAS, the City Council wishes to establish an ad hoc land conservation committee
to begin developing a land conservation program; and
WHEREAS, the City Council intends to involve local residents who have knowledge in
related areas such as real estate, accounting, and environmental issues in this ad hoc land
conservation committee.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood that an ad hoc land conservation committee is created to operate within the following
parameters:
PURPOSE
The ad hoc committee is created to investigate all tools available to local government for
land conservation, and draft an implementation program to recommend to the City Council
on land conservation.
LAND CONSERVATION TOOLS
The following and other tools which may be identified should be analyzed during the study
process:
".
A. Private land conservation.
B. Assist residents' purchase of land for set aside through special assessment
procedures.
C. Special programs and designation:
. Transfer of development rights
. Purchase of development rights
. Registry programs
D. Assist a non-profit land conservation group become established or use an
existing non-profit organization to be responsible for acquisition, control
and maintenance of land set-aside.
E. Outright purchase.
.JI- -~
Resolution No. 98-
Page 2 of 3
OBJECTIVES:
The ad hoc committee shall perform work in two phases:
1 . Develop a brief implementation plan on land conservation tools A & B
above. They should begin work on educating the public on the availability
and advantages of conservation easements.
2.
Fully research all land conservation tools (A through E) and develop
recommendations relating to their use by the City of Shorewood to be
presented to the City Council in an implementation report. The report
should include a cost analysis for the City, and promotional and educational
activities and timelines. It should further include a full analysis of each of
the tools and make recommendations on the appropriate use of each.
.
During the second phase, the ad hoc committee shall be expanded to include
one liaison from the Planning Commission and one from the Park
Commission. The liaison will promote communication and consistency of
goals between the Commissions, Committee and City Council. This ad hoc
committee then shall report how the land conservation tools can be used to
implement the open space plan developed by the Planning Commission with
Park Commission input.
TASK FORCE MAKE UP:
The ad hoc committee shall be made up of three (3) residents who shall be voting members.
The Planning Commission and Park Commission shall each appoint one (1) liaison to
participate in phase 2 of the ad hoc committee. The Planning Director and Finance Director
shall be non-voting members and provide staff support. The City Council shall appoint all .
voting members. The Chair of the ad hoc committee shall be Dean Riesen, 20030
Excelsior Boulevard, Shorewood, Minnesota.
EXPENDITURE OF FUNDS:
Normal city policies and procedures shall be followed.
PROCEDURE:
"
Meetings shall be called by the Chair by requesting the City Administrator to send a notice
of the time and place of the meeting and an agenda to the committee members. Notice will
be posted at regular locations and mailed to the press at least three (3) days in advance of
the meeting.
.
.
Resolution No. 98-
Page 3 of 3
SUNSET:
The mission of the ad hoc committee shall be completed and the committee shall cease to
exist following final report to the City Council, by December 31, 1998, unless the City
Council, by resolution, expands the mission of the ad hoc committee and its duration.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Shorewood
this 23rd day of March, 1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
e
-----------------
"
CHECK APPROVAL LISTING FOR MARCH 23, 1998 COUNCIL MEETING
CHECKS ISSUED SINCE MARCH 10, 1998
CKNO TO WHOM ISSUED Pl.JRPOOE AMOUNT
22633 DEPUTY REGISTRAR #59 LICENSE RENEWAL-QLDS SIL $13.50
22634 MTKA SOUND & LIGHTING AN UPDATE 18,726.20
22635 BROWNING FERRIS IND. MAR. RECYCLlNG-TB L1Q 33.66
22636 METRO COUNCIL ENVIRONMENT FEBRUARY SAC 990.00
22637 MINNCOMM PAGING PAGER 8.47
22638 PEPSI COLA COMPANY MISCIPOP PURCHASES 303.75
22639 DANIEL RANDALL SEC 125 REIMB. 14.88
22640 SUPERAMERICA FUEL 1,051.62
22641 US WEST COMMUNICATIONS/ADVERTISING 726.99
22642 DAHLHEIMER DISTRIBUTING BEER PUR:AiASES 1,308.87
22643 DAY DISTRIBUTING BEERtMISC PURCHASES 5,473.30
22644 MARK VII BEERtMISC PURCHASES 4,234.44
. 22645 MARLIN'S TRUCKING FRBGHT 156.00
22646 NORTH STAR ICE MISC PURCHASES 54.00
.
22647 QUALITY WINE & SPIRITS L1QUORIWINE PURCHASES 430.90
22648 THORPE DISTRIBUTING CO. BEERtMISC PURCHASES 17,342.25
22649 PERA. PERA 2,969.74
22650 ICMA RETIREMENT TRUST 457 DEFERRED COMP 1,373.07
22651 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 929.00
22652 ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID 156.50
22653 MN DEPARTMENT OF REVENUE STATE TAX WITHHELD 1,323.86
22654 BOYER FORD TRUCKS 2 TRUCKS (CABlENGJCHASSIS) 35,598.00
22655 LAWRENCE BROWN INTERFACE CARD/PW SUPPLIES 176.20
22656 KATHLEEN HEBERT SEC 125 REIMB 192.30
22657 CITY OF MINNETONKA WATER PURCHASE 61.64
22658 THERESA NAAB MILEAGE/SUPPLlES/SEC 125 415.99
22659 BRADLEY NIELSEN SEC 125 REIMB 126.00
. 22660 NORTHERN STATES POWER UTILITIES 4,733.62
22661 JOSEPH PAZANDAK MILEAGElFILM DEV 101.08
22662 PEPSI COLA COMPANY MISC PURCHASE 136.55
22663 BRENDA SMITH MILEAGE 4.23
22664 TOTAL REGISTER SYSTEM EQUIP MAINT JSUPPLlES 401.00
22665 BELLBOY CORP. UQUOR PURCHASE 2,476.18
22666 BELLBOY BAR SUPPLY MISClSUPPL Y PURCHASE 297.80
22667 MIDWEST COCA-COLA CO MISC PURCHASE 632.50
22668 GRIGGS, COOPER & CO. L1QUORIWINElM1SC PURCHASES 6,105.38
22669 JOHNSON BROS. LIQUOR CO. L1QUORIWINE PURCHASES 896.38
22670 LAKE REGION VENDING MISC PURCHASES 1,498.72
22671 MARLIN'S TRUCKING FRBGHT 77.60
22672 PAUSTIS WINE CO WINE PURCHASE 467.53
22673 PHILLIPS WINE & SPIRITS L1QUORIWINEPURCHASES 3,908.66
22674 THE WINE COMPANY WINE PURCHASE 1,030.38
TOTAL CHECKS ISSUED $11..6,958,74
Page 1
C:.1 T \( [If Sj-JCff~:EJt.){JC.!r.)
CHECK APFJROVAL LlSl" FOR
MAR. 23. 1998 COUNCIL MTG
CHECKW VENDOR NAME DESCRIPTiON DEPT. AMOUNT
22675 ADAMS, LUCIA
T d'lP HELP
GEt...J GO\/ T
-------- _..~----------------------- ------------------------- -------- -----------
2() .. ()()
22676 ANCHOR PAPER COMPANY
PAPER
GEN GOV'T
22611 BIFFS, INCw
PORTABLE TOILET RENTAL
FlAh:}'(S J~{
22678 CROSSTOWN-OCS. INC.
COfFEE
MUi"'l BL DG
22679 MN DEP1' Of REVENUE
-
97 HAZ l,h,IASTE TAX ",/SQG"~3 CITY Gr-~>,R
22680 DRISKILL'S SUPER VALU
COUNCIL
Cr-"lKE-HAROLD
2268_l U-4G 1 NE PAf:'; T S SUPPLY CO
EQUiPi"lAINT
Cl TY Gr-"lR
l()3.l5
t.1J~ .. 2()
.1 ~5 .:;! ,. ~:,'J f)
":f() .. 1:)(1
19..9t:}
19.5.4l
fJF~~OF
~+;UF
~)ER 25('.. 9.1
SEF.; 4.02::, . 00
.:{:'~32 Eh: I Cf':.SON. f~;ULf
.
1::3'...
{>,SSESSOR SUPPLIE~~
APRIL ASSESSUR fEE
"!"O.f"Al FOR ERICKSON~ ROLf~ t~H~
1.+ 'j 2 .~::! .:~t .. ~:,'i.1
::i;:::\:.: ::,(
22683 EXCELSIOR-CI"'"Y OF
S.Il~NAL Ll'-()f;r;:. ST (t, i'''jCi) Tf~~f:~f":: C~C!j""~
22684 t~AWKINS WA"'"ER ""REA"i"MEN""
CONTAINER RENTAL
i..\i ~~ T,= F"~ [) l::
22685 fRON"I"lER ELEC"'"RIC
REMOVE ELEC-Cr:YIHCr->,f-<:T \.,i/H P{>,h:f<'S &
22686 G & K SERV.ICES
UNIfORMS
C 1 T Y Gr-"lf~:
2 :;,/{" '" t~~()
t.~ () .. () I:)
.1 ::;!() M ()()
.3 )' 8 .. ~<5
22687 GOPHER STATE ONE-CALL. IN fEB ONE CALL SERVICE WATER DE 5.25
fEB ONE CALL SERVICE SEWER DE 5.2.5
*** TOTAL FOR GOPHER STATE ONE-CAL lO.50
.2688
JIM HATCH SALES CO.
EQUIP Mf-"llNT
EQUIP SUPPLIES
TOTAL fOR JIM HATCH SALES CO.
CITY GAR 8/9.03
CITY GAR l.5l.63
1.030..66
**;<<
22689 HENNEPIN COUNTY TREASURER 1998 HAL WASTE fEE
CITY GAR
22690 HOISINGTON/KOEGLER GROUP PARK PLANNER
PARKS &
2269l HOPKINS PARTS COMPANY EQUIP MAINT
SUPPLIES
*** TOTAL FOR HOPKINS PARTS COi"lPAN
C1 TY GAf~
CI TY GAf~
66.03
22692 J & R RADIATOR CORP.
EQUIP i"lAl!~T
CITY GAR
22693 KENNEDY & GRAVEN FES GENERAL LEGAL
PERKINS LEGAL
RY{>,N LEGAL
FEB SR CIR LEGAL
*** TOTAL FOR KENNEDY & GRAVEN
P FWf S Ef-<:
--~_..~,....._....,.:_. '
PROJECTS
7.256.9/
22694 KAR PRODUCTS
SUFJPLIES
CITY GAP
22t/~.:.)
L' i)'i'...jr'l
I I' ,._'
STEWARDSHIP PPOJECT
NATURAL RESOURCES BK/VID COUNCIL
l84.96
l,8/0.a9
l/.5.5
4a.50
'")""i' ?,1
_.:>. ,. _. l
6~lt'~'MOS
462.98
l60
4/0
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22106 N()P'I'i.iERN WA'i'E~R WClRKS SlJP SF WELL. REPA.IR
22/01 ()f~ONO~ cr'I'Y OF
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22109 PO'j""S~ KENNE'!'H N~
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227_10 SENIOR COMMUN.I'i'Y SERVICES CEN"'ER M'!'G R()OM- t~EN'i'AL
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22111 S}~OREWOOD 'j'REf SERVICE
;~:;\(A{ T C) T r:::l...
22!l2 SHOf~EWOQL) "RUE VALUE
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FOR SENIOR COMMUNI1Y SER
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22/13 SO LK M'j-KA PUB SAFE'j'y DEP APRIL BUi)GE"i'
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~\(::<<:*
TOTAL CHECKS FOR APPROVAL
..\'o..oif...._..;v..
TOTAL CHECK APPROVAL LIST
Page 4
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115 LAWRENCE A. BROWN
l6C' i:Jr-~ T RICE A.. BLEC~H T A
170 RYAN C. SLECHTA
325 ANGELA M~ COLE
350 THOMAS H. DAHLBERG
SOO CHARLES~. DAVIS
7/S JAMES C. EAKINS
1100 JOHH J. GARFUNKEL
1160 TWILA R. GROUT
1190 KATHLEEN A. HEBERT
1400 PATRICIA R. HELGESEN
1410 PAMELA J. HELLING
1430 KELLY M. HENTGES
1550 JAMES eM HURM
1575 TROY ri. IYES
1601 BRIAN D. JAKEL
16/5 UROS JELICIC
1/00 JEFFREY A. JENSEN
1800 DENNIS D. JOHNSON
1950 MARTIH L. JONES
2100 WILLIAM F. JOSEPHSON
2500 SUSAN M~ LATTERNER
2800 JOSEPH P. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R. MARRON
2930 JENNIFER T. MCCARTY
3000 THERESA L. NAAS
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3430 GERALD A. O'NEILL
3435 ANDREW C. OTTEN
3500 JOSEPH E. PAZANDAK
3580 CHRISTOPHER J. POUNDER
3600 DANIEL J. RANDALL
3800 ALAN J. ROLEK
3815 MICHAEL J. RUFfENACH
3850 TANYA M. SCHIERMAN
3900 CHRISTOPHER E. SCHrllD
4050 BERNARD J. SCHNURR
4200 BRENDA L. SMITH
4500 KRISTI STOVER
41'50 RALPH A. WEHLE
4900 DEAN H. YOU~G
COMPUTER CHECKS
i1ANUAL CHECKS
NOTICES OF DEPOSIT
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Page 5