The URL can be used to link to this page

051297 CC Reg AgP I ffll, ri~ I .... " ~ , Q d 'I . ,~ I: i "I 11"1 Ill} .. '!" .. '. -, .1 <( t I ~ ~I i ~ ! ~ .... dl I ~ II , ~ ~ J 1[!l .I~ ~J I 'I ~~ ~ ~. i r >~ .H ~ - ~ 11 ~ tf .. t'-- ...... l;)== . ~ ~ ~ u Ii il ~ tlO 00 - 8 ot.)~ .a~ .N .._ <.a ~ t.)z~ ~~ l ~ ~ j ,~! t:QS ml;)o ~ il t~ ~:l tnOtf') if ~ :i t--.... .at:: ,- il tnt.)t-- ,~< ~ l ~ 1$ ~l'IJ -< i ~ i I i ! ~I ~~ r ~tf 'I'" ju Q ~ 'd ~ ~ -< I tlO ~ ' ~ 8- ~ ~< .a < '.0 0 -;j i ';:# c ~ ~ 0 .\f~ r ~~ .a,g ! j .~ - '-' 'iia -< == i 8 !~ ~' ~ . '8 if fi'- ~.~ ~ 'i ~ ." J 'ii -il Z I"' ~l f~ ~8 :s i~ I,.. ii l~ ii ~~. u-.l. }~ ~ ,S . I} ,-< '-" 8'.0 t.) t -< .1 Q 0\ u:.tl ~,fj ~.i o~"'" ~ ~ 1 := g~ 21 2g-' ~f f;I;c .~ llj .8;1 j g ~1i;1~ =ai < 0 ~~ 81 ,g . 8~ =r="'" t.) ~ ~ 0 '~ u !'8 '.0 =~~ ==8, ~ u .~ u u u 'r::: ~ Ii!. J ~i ~< iJ 15 -< ,~ ~. ,~ ~8 ~~. iCi & ;:a.. ,- <:z:~ <>. <;0 <~ <] IX: ~ U U u fI1 '::I VJ~ "' ~J ~O~ Ug 0 ..( ~ ot.)-< ~tlO t.) rXl ..( rXl U ..( rXl U Q ~ ~ ~51 1;)'13 " ~~ . . . """ N tf') Ii -,' B, , CITY COUNCIL AGENDA -MAY 12, 1m PAGE 2 OF 3 G, A Motion to Adopt a Resolution Approving a Single Temporary OaabUng License~or Variety ~dren~s AssClciation(Att.-#3GPmposedResolutiOlJl 4 . MATTERS FROM THE FLOOR (No Council action wiUbttaken.) 5 . FRIENDS OF THESOUTHSHORESENIOR coMMUmTY CBNl'BR. - ANNUAL llEJORT 6. 1996 ANNUAL AUDIT REPORT - ABDO, ABDO ANf) EICK{An._ Audit Report) 7 . PARKS . Report by Representative A, Report on Apri129Patk Commission Meeting (Att...#7Al>taft~) B, 8 . PLANNING -Report by Representative A, A Motion to Adopt a R.esolution Approving a Simple Subdivi$ion (Aa~.. Proposed ReSOlution) . Appllamt:Mikl::Greer Location: 6020 Galpin Lake Road i, A Motion to Adopt an Ordinance Amending SeCtiOn 1201.{)3_~ Shorewood Zoning Code (Att-#8Bi Planner's ~).,. 1 ii, A Motion to Direct Staff to Prepare Findings of~RepntiJ.'lga Variance for Access<>ry Space to Exceed the FlooriArea oftht Principal Dwelling iii, A Motion to Direct Staff to Prepare Fmdings ofFaEt R~... Conditmnal Use Permits for Accessory Space jn Excess of 1200 Square Feet, a Special Home Occupation Penni~ arid a Special Purpose Fence 9. CONSIDERATION OF A MOTION AUTHOlUZINGSArETY IMPROVEMENTS FOR THE SOUTHEAST QUADRANT or THE INTERSECTION OJ SMI1'BTOWN ROAD AND EUJ.tBA ROAD SOUTH (Att.-#9 Engineer's M~morandum) . 10. CONSIDERATION orA MOTION AUTHORIZING gp~ OF EQUIPMENT REPLACEMENT FUNDS FOR DUGGING .; EQUIPMENT FOIt A'.l'Itl.ETlCFlELDS (Att.-4#10 Bngine:er's Memorandum) /IE--. . f' tc' ,. CITY COUNCIL AGENDA. -MAY 12, 1m PAGE30F3 . 11. ADMINISTRATOR A STAFF. REPORTS A. Staff Report on Development Monitoring B. Discussion of Ability to Help Flooded Amts (AttAH IB I...etterof ~)+'f C. Report on School District Request for Safety bnprovements (Att4tUC Letter of Request) . . D. Report on Emergency. Siren Repair 12. MAYOR & CITY COUNCIL REPORTS Establish ClpenForumMeeting Topics for Next Month 13. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att-4#13) .. f'of: ". , ..N'.' " ~ . . "lo~. ~.'..i 'l!' ."'7: ., f ~ ~,',i ,", ~~ t " , * f #/r. ....~ , l~ f ,~" ;..d $"';'~ ~ '\!.... ..... ., . MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 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, May 12,1997 !t...t..;.......;. / ~ .;. I: . L~.': ;J ~ The Mayor should report that the Council plans to meet in Executive Session following the Council meeting to discuss pending litigation with the City Attorney. Agenda Item #3A: This is the annual liquor license approval for the American Legion. The license period ends May 31. The enclosed resolution awards that license. Agenda Item #3B: This housekeeping resolution authorizes the execution of a recycling grant agreement with Hennepin County. The amount of the grant for 1997 is $21,501. Agenda Item #3C: At the 28 April meeting the City Council directed staff to prepare a findings of fact approving a variance for Rocky Waldin to add on to an nonconforming house at 5755 Merry Lane. The resolution in the packet includes the porch addition on the south side of the home. Approval requires a four-fifths vote of the CounciL Agenda Item #3D: By motion, the City Council makes permanent appointments of employees following a six month probationary period. Public Works employee, Chris Pounder, is recommended as a permanent employee. Agenda Item #3E: The recommended motion is to adopt a resolution authorizing an extension of the probationary period by up to three months for the Public Works and Parks Secretary position. Agenda Item #3F: This item is authorization to prepare Advertisement for Bids for the dump boxes and hydraulic systems, and to authorize expenditures for the snow plows, sanders and radios to be mounted on the trucks which were approved for purchase on March 24, 1997. Agenda Item #3G: This resolution authorizes a raffle to be conducted at the Minnetonka Country Club for the Variety Children's Association. It will be held Monday, June 23. Agenda Item #5: Bob Gagne, President of the Friends of the Southshore Senior Community Center, will be present to give the annual report. The written material was presented to you in your last Council packet. Agenda Item #6: Steve McDonald from Abdo, Abdo and Eick will attend the meeting to present the City's 1996 annual audit report. A Residential Community on Lake Minnetonka's South Shore . . . Executive Summary for Council Meeting of May 12, 1997 Page 2 of 3 Agenda Item #7B: In a separate packet is included the report on snowmobiling for the 1996-97 snowmobile season. The Park Commission is sending the issue back to the City Council with a recommendation that signage be improved. Agenda Item #8A: Late last year Richard Jenson received approval for a simple subdivision of his property at 6020 Galpin Lake Road into two lots. He later asked for the request to be postponed and has now conveyed his application to Richard Greer. Mr. Greer has submitted all the appropriate documents and requests approval of the split from the City CounciL It may be worth mentioning that Mr. Greer will likely be in next month to redivide the larger parceL This redivision, while sooner than expected, appears to be consistent with Mr. Jenson's resubdivision plans which had been reviewed by the Planning Commission. Approval of the division requires a simple majority vote. Agenda Item #8B: Jay and Dory Venero propose to build a garden shed and greenhouse structure which significantly exceeds the allowable area of accessory space for the property in question. The concensus of the Planning Commission was that a variance was not warranted in this case, but that an ordinance amendment should be considered which would resolve the Venero' s request. After considerable discussion and two public hearings, the Commission voted 5-1 to recommend an amendment which created an exception to the accessory space regulations for greenhouses. They further agreed to continue discussion on the broader topic of other accessory buildings. Item 8.B.i is a proposed text amendment which addresses the Venero request. If approved it would be effective upon publication in the official newspaper. A four-fifths vote is required. Item 8.B.ii is a motion to deny the variance originally requested by the Veneros. This becomes somewhat of moot point if the amendment is adopted. Item 8.B.iii is a draft resolution recommended by the Planning Commission which grants the Veneros conditional use permits for accessory space in excess of 1200 square feet, a special home occupation permit, and a special purpose fence permit. This resolution requires a four- fifths vote by' the Council. Agenda Item #9: This is a motion to authorize modifications to the southwest quadrant of Eureka Road and Smithtown Road. Changes include the reduction of the width of the intersection to help reduce the speed of drivers as they negotiate the turn, and to help solve an encroachment of the corner radius onto private property. Ballpark cost should not exceed $3,000.00. A final cost estimate will be presented on Monday night. Agenda Item #10: The Public Works Department has not been able to utilize current equipment to provide a dragging operation which adequately addresses the needs of all six fields in Freeman Park. The recommendation is to authorize staff to accept the low quote for this piece of equipment for an amount up to $8,275. Funds will come from the equipment replacement fund (a $5,960 replacement of a John Deere tractor had been scheduled), and from funds that are donated annually from the South Tonka Little League for field maintenance purposes. , . . , Executive Summary for Council Meeting of May 12, 1997 Page 3 of 3 Agenda Item #11B: The City has established a Flood Relief Drop-off at the Public Works Department during the Spring Clean-up day Saturday, May 17. The League of Minnesota Cities has sent a letter in a coordination effort asking if cities have equipment or manpower to offer to flooded communities. The question is whether the City of Shorewood wishes to offer anything further at this point to flood communities. Agenda Item #11C: The City has received a letter from Minnetonka School District listing some specific recommendations for safety improvements. Council might wish to consider referring the list of recommendations to City staff for comment and report. Agenda Item #IID: We will be reporting that the emergency siren at the Minnewashta School has been fixed, tested and is functional. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 28, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAfl Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen. Review Agenda B. . The agenda was accepted as amended for April 28, 1997. Mayor Dahlberg introduced Scout Master Chuck Fryberg and Assistant Scout Master John Kuntz along with Boy Scout Troop 424 and welcomed them to the meeting. Troop 424 is sponsored by Our Saviors Lutheran Church. C . Presentation of Plaque to Sandra Trettel Mayor Dahlberg presented a plaque to Park Commissioner Sandra Trettel in appreciation for her two years. of service on the Park Commission. Ms. Trettel thanked the Council and noted she has resigned from service on the Commission due to her busy family life. 2. APPROVAL OF MINUTES A . City Council Work Session Minutes - April 7, 1997 The City Council Work Session Minutes for April 7, 1997, were approved as submitted. . B . Board of Review Reconvened Meeting Minutes - April 14, 1997 The Board of Review Reconvened Meeting Minutes for April 14, 1997, were approved as submitted. C . City Council Regular Meeting Minutes - April 14, 1997 McCarty moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for April 14, 1997, as amended on Page 1, Item 2A, change "Menge" to "Minge"; Page 2, Item 3, remove Items D and F from the Consent Agenda; Page 6, Paragraph 2, Sentence 2, change "was" to "was not"; Paragraph 4, change "if" to "whether or not"; delete "then"; Sentence 2, change later portion of sentence to read, "he must prove his innocence in order to continue asserting that right"; Page 8, Item C, Paragraph 8, Sentence 1, change to read "payment to OSM regarding Old Market Trail." Motion passed 5/0. D. City Council Executive Session Meeting Minutes - April 14, 1997 fr;2.A CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 2 The City Council Executive Session Meeting Minutes for April 14, 1997, were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for April 28, 1997. Garfunkel moved, O'Neill seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . A Motion Authorizing a Contribution to Excelsior Chamber 0 f Commerce for Fourth of July Celebration B . A Motion Adopting RESOLUTION NO. 97-30, "A Resolution Approving a Temporary Gambling License for Storefront/Y outh Action Group" Motion passed 5/0. . 4. MATTERS FROM THE FLOOR Duane Laurel, 5595 Eureka Road, expressed concern with the condition of Eureka Road as re- established by the contractors when completing the watermain work. He observed the surface of the roadway has settled down approximately 8 inches. Councilmember O'Neill stated until the settlement has completed at the end of the winter season and the road restrictions have lifted, the situation cannot be addressed. He further noted he will be meeting with City Engineer Brown to address this issue. Mr. Laurel expressed concern the warranty period not expire resulting in the work being completed at the expense of the City. 5. FRIENDS OF THE SOUTHSHORE SENIOR COMMUNITY CENTER - ANNUAL REPORT Administrator Hurm explained Mr. Bob Gagne was unable to attend the meeting, however Mr. Gagne would be happy to attend the next meeting to review the annual report. 6. PLANNING - Report by Representative . Planning Director Nielsen reported on the April 15, 1997, Work Session of the Planning Commission and the items discussed (as detailed in the minutes of that meeting). A . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and Variance to Expand a Nonconforming Structure Location: Rocky Waldin 5755 Merry Lane Applicant: Councilmember O'Neill commented due to the setback from the lake and the driveway easement in the back, this lot is almost unbuildable. He stated he is in favor of granting a variance due to the hardship the narrowness of the lot presents. Mayor Dahlberg had visited the property and noted there did not appear to be any concern on the part of the neighbors. In addition, he did not feel this property would impact anyone else. He also CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 3 noted the hardship referenced by Councilmember O'Neill. Mayor Dahlberg recalled this to be a variance which had been passed by a previous CounciL O'Neill moved, McCarty seconded directing' Staff to prepare Findings of Fact approving a setback variance and variance to expand a nonconforming structure for Rocky Waldin, 5755 Merry Lane. Motion passed 5/0. Mayor Dahlberg noted after fmal approval of this request, there is a one-year limitation on the vanance. B . A Motion to Adopt a Resolution Approving a Simple Subdivision Location: D. Carter, Tradewinds Concepts & Design representing Lisa Klaverkamp 23585 Yellowstone Trail Applicant: . Mayor Dahlberg asked if the subdivision is within the existing zoning requirements. Planning Director Nielsen confIrmed that it is. He noted the original plan was adjusted to conform with Staff and Planning Commission recommendations. Councilmember O'Neill inquired relative to concerns raised by the Planning Commission with respect to the trees on the lot. Nielsen commented the surveyor confmned the signifIcant trees have been indicated. This information will be reconfmned at such time as building occurs on the lot. At that time a Tree Preservation Plan would be required. He noted this subdivision does not require the removal of any trees. Councilmember O'Neill wanted to ensure there would be follow up relative to the trees. Stover moved, O'Neill seconded adopting RESOLUTION. NO. 97-31, "A Resolution Approving a Simple Subdivision for D. Carter, .Tradewinds Concepts & Design representing Lisa Klaverkamp, 23585 Yellowstone Trail." Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Simple . Subdivision/Combination Applicant: Don Blumberg Location: 23820 Lawtonka Drive Mayor Dahlberg confmned this subdivision is within the existing zoning requirements. Nielsen stated Mr. Blumberg will need to obtain signatures from the parties who have an interest in the portion of property to be conveyed. It was noted Mr. Blumberg has spoken with the affected parties and they have given their verbal consent. Councilmember Stover asked how this matter would be affected if Mr. Blumberg were unable to obtain the necessary signatures. Nielsen stated he could request an extension if it becomes necessary. Councilmember Stover noted there can be diffIculty obtaining compliance with mortgage companies. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-32, "A Resolution approving a simple subdivision/combination for Don Blumberg, 23820 Lawtonka Drive." Motion passed 5/0. CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 4 7. CONSIDERA TION OF MOTIONS REGARDING CHAPTER 302 OF THE MUNICIPAL CODE PROVIDING FOR SALE OF CIGARETTES A . A Motion to Adopt aD Ordinance Amending Chapter 302 of the City Code Providing for Sale of Cigarettes City Attorney Dean explained the City is seeking a waiver from the Food and Drug Administration Regulations on the sale of tobacco products to minors. This would allow the City to enforce the state statute which is a different set of regulations than the ones recently adopted by the Food and Drug Administration. City Attorney Dean explained the original ordinance at City Hall was unsigned and there was not an affIdavit of publication on fIle. Therefore, the ordinance mayor. may not be in effect. He recommended the ordinance be re-adopted so it will clearly be in effect. Mayor Dahlberg noted this will result in making Shorewood more uniform with the neighboring municipalities in that they will each be enforcing the state statute. O'Neill moved, McCarty seconded, adopting an Ordinance amending Chapter 302 of the City Code providing for sale of cigarettes. Motion passed 5/0. B. A Motion Authorizing Submittal of FDA Tobacco Regulation Preemption Waiver Application Councilmember McCarty inquired relative to the proof of age provision . in that photograph identifIcation would be required for persons 26 years of age or younger and whether the state statute includes this provision. Attorney Dean stated there are some points in the federal regulations which are superior to the state regulations and he suggested the City may want to review and adopt some of those provisions at some future time. He commented the City may want to strengthen some of the provisions. Councilmember McCarty stated she would like to review this matter further. Mayor Dahlberg noted his agreement. Stover moved, McCarty seconded authorizing submittal of FDA Tobacco Regulation Preemption Waiver Application. Motion passed 5/0. 8. CONSIDERA TION OF A MOTION TO APPROVE A REQUEST BY SPRINT SPECTRUM TO APPLY FOR A CONDITIONAL USE PERMIT TO LOCATE AN ANTENNA ON MINNEWASHTA WATER TOWER Mayor Dahlberg noted some concerns had been raised by the Waterford neighborhood when antennas were allowed on the water tower. Councilmember Stover felt this to be a nonissue because the Council cannot refuse to allow a carrier to request a Conditional Use Permit to locate their antennas in the City. There are federal regulations which apply to consideration of these requests. Attorney Dean stated there may be some circumstances under which the City could deny the application to place the antennas, however, those circumstances cannot be determined until an application is made and given consideration. . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 5 Administrator Hurm noted he spoke with Principal George of the Minnewashta School. Due to the proximity of the tower to the school, the School District would prefer a building for the equiprnent as opposed to a fence. Mayor Dahlberg wanted to ensure staff has researched the competitive rates which are charged for these type of lease agreements. McCarty moved, Stover seconded approving a request by Sprint Spectrum to apply for a Conditional Use Permit to locate an antenna on Minnewashta water tower. Motion passed 5/0. 9. CONSIDERA TION OF A MOTION TO APPROVE A REQUEST BY NEXTEL TO APPLY FOR A CONDITIONAL USE PERMIT TO LOCATE AN ANTENNA ON MINNEWASHTA WATER TOWER O'Neill moved, McCarty seconded approving a request by Nextel to apply for a Conditional Use Permit to locate antenna on Minnewashta Water Tower. Motion passed 5/0. . Administrator Hurm pointed out a project sheet will be utilized in notifying the residents of these requests and asked the Council to consider the information to be included and the way in which it should be communicated. . 10. ADMINISTRATOR & STAFF REPORTS . Staff Report on Development Monitoring Nielsen stated a preconstruction meeting for the Watten Ponds project has been scheduled. Tree protection and erosion control measures to be utilized will be stressed. Staff will also emphasize the importance these matters be controlled and maintained. Nielsen stated Gideon Woods was sent a notice to clean up. Since no response was received, Public Works undertook the task and the developers will receive an invoice for this work. In addition, a deadline of May 15th was set for landscaping to be cornpleted. In the event it is not completed the City will undertake this work and it will begin on June .1st. It was noted funds have been escrowed for this purpose. 11. MAYOR & CITY COUNCIL REPORTS Councilmember McCarty noted she received a call from a resident in the Boulder Bridge area in which it was reported the siren at the Minnewashta school is not functional. She stated Police Chief Young has been informed as well as the Fire Marshal. Administrator Hurm stated Chief Young is aware of the problem and has acknowledged there have been problems off and on with the system. Councilmember McCarty expressed concern this be repaired as soon as possible given the importance of having this siren in working condition. Councilmember McCarty reported on the Arbor Day Celebration at Freeman Park. She noted Mr. Reutiman was present and donated two maple trees which were planted. She expressed appreciation for the presence of the three generations of the Reutiman family who were in attendance. McCarty expressed interest in this celebration becoming an annual event. CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 6 Mayor Dahlberg expressed regret for not being able to attend this celebration. A. Report on April 16 Coordinating Committee Meeting Mayor Dahlberg stated he attended the April 16 meeting of the Coordinating Committee along with Administrator Hurm. He noted the Joint Powers Agreement will be coming up for consideration to determine what it will cost the City of Shorewood to participate with the other communities in that agreement. He noted the Committee will be reconvening in July to begin negotiations. Councilmember O'Neill stated he had attended a meeting with the Watershed District along with City Engineer Brown and the Watershed District is giving consideration to allowing Shorewood to reconstruct Strawberry Lane without dedicating any funds or holding ponds. B. Discussion on Addition of Regular Work Session Meeting to Council Calendar Councilmember O'Neill requested a regular work session meeting be added on a monthly basis. Councilmember Stover felt the work sessions should continued to be held on an as needed basis. Councilmember O'Neill stated he feels the Council needs to meet more often than two times per month. Mayor Dahlberg noted there are a number of issues to be discussed in a work session format. He suggested setting work sessions to address the Comprehensive Plan and the Capital Improvements Plan. Councilmember Garfunkel suggested having the materials available to the Council for their review in the event there is time after a regular meeting in which those matters could be considered. Councilmember McCarty felt work sessions should be set as issues arise. She felt at this time, work sessions should be set to address the issues of the Comprehensive Plan and the Capital Improvements Plan. Councilmember Stover noted her agreement and stated the extra meetings do place additional burden on the staff who have bm~y schedules during the day as well. Mayor Dahlberg stated he would support an aggressive schedule to complete consideration of the . Comprehensive Plan and the Capital Improvement Projects. He suggested agreeing on a date to complete consideration of these matters. . Councilmember Garfunkel stated he would like to see these issues addressed as soon as possible. . . CITY COUNCIL REGULAR MINUTES APRIL 28, 1997 - PAGE 7 12. ADJOURNMENT Garfunkel moved, O'Neill seconded to adjourn the Regular City Council Meeting to a Work Session at 8:38 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD WORK SESSION MEETING MONDAY, APRIL 28, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD FOLLOWING REGULAR MEETIN~ MINUTES 1. CONVENE CITY COUNCIL WORK SESSION D~Af1 Mayor Dahlberg called the meeting to order at 8:50 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; Planning Director Brad Nielsen. Review Agenda B. The agenda was approved as presented. . 2. DISCUSSION OF POLICE CONTRACT RENEWAL . Mayor Dahlberg summarized his meeting with the mayors of the concerned municipalities and stated they had discussed the duration of the agreement as well as the formula for payment. He felt there to be agreement by all participants to extend the duration of the agreement which would improve officer morale as well as ultimately reduce the cost. Mayor Dahlberg stated he may be interested in a contract with a term of seven to ten years. He stated the other option would be to take over the department and sell services back to the other municipalities. He noted this suggestion did not bring an adverse reaction among the other municipalities and this is an option the Council may wish to consider. Mayor Dahlberg felt this may be a logical possibility. Councilmember Stover stated the formula being used was developed by Shorewood and it was difficult to reach agreement among the municipalities on that formula. She expressed concern with making changes to the formula. Councilmember Stover explained a police consultant had been utilized in determining what size police department Shorewood could obtain with the dollars spent on police service. Councilmember Stover did not feel there would be a significant fmancial threat to the City in taking over the police department and then subcontracting the services. There are some benefits in that the Police Chief would answer to the Mayor of Shorewood rather than a committee. In addition, there would be higher morale among the officers. Councilmember Stover strongly encouraged a ten year contract. Councilmember Stover commented on Section 4 of the Agreement which refers to each committee person having an equal voice in the affairs of the committee. She noted this would give equal voice to municipalities which are significantly smaller and paying a much smaller share. Mayor Dahlberg commented he had suggested restructuring the agreement to allow each city to vote a specified number of shares which would represent that city's fmancial interest in the operation. $;1..6 CITY COUNCIL WORK SESSION MINUTES APRIL 28, 1997 - PAGE 2 Mayor Dahlberg further commented there are three new mayors on the committee and they are in agreement that any change should come slowly. He requested Finance Director Rolek review the variables which drive the formula, such as the usage statistics for the past five years. He would like a spreadsheet, based on the past five years of statistics, projecting the costs involved. Mayor Dahlberg requested each Councilmember review the contract and submit in writing any questions, comments or ideas they would like to have raised. Councilmember Stover noted in past years, the Council knew the City was growing and the cost of this service would raise to approximately 80 percent based on demand for service. It was felt the City received good value for the cost of the service. Councilmember Stover commented on a formula whereby a reduction in payment by one municipality would result in a reduction in payment by the remaining municipalities. This would decrease the police department budget which could result in the loss of an officer. Mayor Dahlberg stated a decision was made to keep the department at the present force. Mayor Dahlberg asked whether there would be concern in extending the contract for ten years if this were agreeable. Councilmember O'Neill stated he would not be opposed to Shorewood taking . over the police department. He questioned what the cost would be. Hurm stated an analysis was completed a couple of years ago. There would be less value for the cost of service. Councilmember Stover felt if consideration were to be given to this option, the Council should engage the services of a police consultant who would possess the ability to accurately and thoroughly assess the cost versus the value obtained. Mayor Dahlberg felt there to be two major motivations in Shorewood taking over the department. One would be accountability in that the Chief would report directly to the City Council. The other would be a financial analysis which would result in improved service and the ability to contract out services to other municipalities. " Mayor Dahlberg stated at this point it would be his policy to proceed on the assumption the formula is fair to the participants and efforts would be made to extend the length of the contract. He felt if Shorewood were to take over the department, it should be a gradual change which is planned out over a several year period of time. He stated the Council may want to extend the contract to seven . years and during that period of time work on a plan for Shorewood to take over the department at some point in the future. Councilmember Stover felt the only major difference which would result in Shorewood taking over the department would be in accountability. She felt given the cooperation of the concerned communities, the contract at this time should be extended for ten years as it exists now. Over that period of time, discussions relative to changes in the contract could be addressed. Mayor Dahlberg noted the officers in the department generally stay for their entire careers and are more productive and effective than rookies given their extensive experience. He felt this would be a benefit in that the City would not need to hire as many officers since the present officers know the community and the trouble spots. Mayor Dahlberg felt the major issue in making this a Shorewood department would be accountability. He did not feel this to be problematic at this point or that it would justify a change in the near future. If a change is warranted, he felt this should be a slow transition. CITY COUNCIL WORK SESSION MINUTES APRIL 28, 1997 - PAGE 3 . Hurm suggested if discussions arise surrounding the formula for payment, the City remain strong on the usage formula. He acknowledged that in the near future, Shorewood could possibly pay close to 50 percent based on the services received. Mayor Dahlberg was in agreement with Councilmember Stover in supporting a ten year contract term. Councilmember Stover felt this would lend stability to the department. Hurm suggested a budget stability fund. He suggested a goal of 15 percent of the budget be set aside. In the event a community has budget difficulties, money could be borrowed from that fund. Councilmember Garfunkel stated there would need to be stringent criteria for usage of the funds. Mayor Dahlberg noted this would be subject to a vote of the Committee. Councilmember Stover expressed concern one City Council may not approve the cost for their particular municipality which would result in a reduction in the budget for the police department. Hurm remarked if there is concern relative to accountability, there may be other options which could be considered such as a police civil service commission and a second tier which would be a police commission which could consist of the mayors meeting on a monthly basis. He noted there are a variety of structures which could be utilized when addressing the issue of accountability. Councilmember Stover noted there had been discussions in the past relative to a policing district. She felt the outstanding benefit would be whatever city a person resides in, the same amount would be paid for police and fire protection. In addition, there would be equal representation on the governing board. Mayor Dahlberg noted this matter will be further discussed among the concerned mayors in July. 3. DISCUSSION OF CITIZEN PARTICIPATION AT COUNCIL MEETINGS AND OPEN FORUMS Councilmember O'Neill felt this matter could be further continued since no open forums are scheduled at this time. . 4. DISCUSSION OF MEASURING EFFECTIVENESS OF COMMUNICATION EFFORTS Administrator Hurm distributed a sample survey for the Council to consider. Mayor Dahlberg felt the specific variable to measure would be awareness, however, he acknowledged this would be difficult to measure in a direct way. Mayor Dahlberg would like to discuss this matter in detail at some future point. Councilmember Stover did not feel there was any basis with which to compare. Mayor Dahlberg felt the Council would need to agree on the variable to be compared. Hurm suggested the Council review the survey to determine if the attempt is made to measure the right things. Councilmember Stover felt the questions were concrete. Mayor Dahlberg stated these are indirect measures of awareness as opposed to direct measures. Councilmember Stover felt communication efforts would be difficult to measure, however, she did feel the survey would reveal where funds can be most effectively used. Councilmember Garfunkel commented on an internship application which was included in the materials provided to Council. He noted one of the projects to be completed would be to redesign the home page. In addition, there are technology issues which need to be addressed. Hurm stated an internship would be an option for addressing these issues. CITY COUNCIL WORK SESSION MINUTES APRIL 28, 1997 - PAGE 4 Councilmember O'Neill expressed concern for the quality of work which would be achieved by an intern. Councilmember Garfunkel stated applications would be taken and the applicant would need to justify their ability to address these issues. Mayor Dahlberg stated he would be comfortable with Councilmember Garfunkel handling the interviews. Mayor Dahlberg commented on the internet and new technology which is available which would turn a desk top into an affair which receives information which is broadcast to it proactively by the server. He stated a browser could be tuned into the City's web server and the owner could specify the type of information they receive proactively. Mayor Dahlberg thanked staff for the quality of the newsletter which is being produced. He noted he continues to receive positive feedback relative to the newsletter. 5. ADJOURNMENT Garfunkel moved, Dahlberg seconded to adjourn the City Council Work Session Meeting at 10:04 p.m. RESPECTFULL Y SUBMITTED, . Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . MAY. -08' 97 (THU) 08: 33 TIMESAVER SECRET. TEL:612 421 9511 CITY OF SBOREWOOD WORK SESSION MEETING MONDAY, MAY 5, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNcn. WORK SESSION P.001 D~AfT Mayor Dahlberg called the meeting to order at 7:45 p.m. A. Present: Absent: Roll can Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunke1;Administrator HulIn; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. Planning Commissioners Borkon. Kolstad, Lizee and Turgeon. Councilmember McCarty. B. Review Agenda The agenda was approved as presented. 2. COMPREHENSIVE PLAN REVIEW Land Use Section - Including Senior Housing Mayor Dahlberg inquired relative to the amount of land which remains undeveloped in .Shorewood. Planning Director Nielsen estimated approximately 10 percent of the land is undeveloped at this time. Mayor Dahlberg requested a summary oithe developments currently being completed. Nielsen listed them to be Brynmaur, Heritage, Marsh Pointe. Watten Ponds, Smithtown Meadows, and Smithtown Woods. He listed Manitou Woods, Gideon Woods and Spruce Court as the smaller developments to be completed. Mayor Dahlberg requested an Executive Summary of the land which remains Ulldeveloped. Page LU~lt No. 3.. Councilmember O'Neill stated he is in favor of affordable housing in Shorewood, however, he felt the wording of this section is slanted more toward developers and he would not be in favor of increased density_ Councilmember Stover stated there was an attempt by the previous Council to provide multiple choice housing. however, they also wanted many price ranges. She explained the point of the development cost was to vary the costs of available housing in Shorewood. #;lC- MAY. -08' 97 (THU) 08: 34 TIMESAVER SECRET. TEL:612 421 9511 P.002 CITY COUNen.. WORK SESSION:MrNUTES MAYS, 1997-PAGE2 Mayor Dahlberg felt this section should be prefaced with the preservation of existing affordable housing. He was in favor of increasing the low cost housing without violating the existing zoning. Counci1mp.mher O'Neill felt this provision encourages smaller lots to accommodate costs and allow for variety which could result in developers requesting smaller lot sizes based on the wording contained in the Comprehensive Plan Mayor Dahlberg stated the goal is to preserve the affordable housing which exists as well as increasing it without increasing density. He noted his agreement with Council member O'Neill and felt there needs to be some clarification made to this section. Mayor Dahlberg suggested having reviewed this section that any Councilmember or Commissioner wishing to do so should submit proposed wording which can be reviewed at a future work session. Mayor Dahlberg expressed concern the diversity, variety and aftbrdability of housing be preserved. Nielsen inquired whether this section should address affordability as opposed to development costs. Counci1member Stover noted her agreement as did CounciJmember O'Neill. Nielsen did feel, however, it would be a legitimate goal for a City to have an awareness of development costs. . Page LU-3. Counci1member O'Neill requested a statement of opinion from the City Attorney relative to where the Comprehensive Plan stands relative to land use. Commissioner Borkon felt it should be reviewed and clarified. Page LU-4, No. 11. Counci1member O'Neill felt this section would require a work session of its own. He stated he supports senior housing, however, he did not feel the Jand costs were conducive to this type of housing. He felt this would need to be a high density project in order to be made affordable. Councilmember Garfimkel inquired whether or not the City would participate iin~ncially in order to make the senior housing affordable. Councihnember Stover explained double density had been discussed in the past. In addition, developers would be encouraged to participate with this type of project. Tax Increment Financing had also been suggested. Nielsen felt there to be some urgency . to this section in that a development proposal may be forthcoming. Nielsen was unsure whether this proposal would include a request for financial assistance by the City. . Councilmember Stover noted one way in which the City does assist with financing is to forgive the park dedication fee. Mayor Dahlberg suggested the Councilmembers and Commissioners review this section and submit their written thoughts on this matter. Councilmember O'Neill noted he is in favor of senior housing, however, he does not think it is practical for Shorewood given the high land costs. Mayor Dahlberg would like to ensure high density is not the only type of housing considered when looking at senior housing. MAY. -08' 97(THU) 08:34 T IMESA VER SECRET. TEL:612 421 9511 P.003 ~. ;- CITY COUNClL WORK SESSION MINUTES MAY S, 1997 - PAGE 3 . Councilmember Stover did not feel affordable and senior housing necessarily refers to the age of the people residing in the home or the amount of money that particular family has. She explained senior housing was a specific housing design which was intended to have very low maintenance, accessibility and preferably one level. She noted there are homes where seniors reside which would not necessarily be considered senior housing. She further explained in zoning where the density is doubled, the housing would have to conform to that plan. Planning Director Nielsen suggested that senior housing replace the agenda item which is currently scheduled for the next work session given the fact a development proposal may be forthcoming. . Commissioner Turgeon felt the current plan covers a variety of housing types such as step-down housing and assisted living. She noted there could be a combination of types of senior housing. She remarked the Planning Commission has reviewed this issue numerous times and she requested this matter not be presented fur their further consideration until the Council has made a clear and concise decision relative to Tax Increment Financing, buying land or rights of first refusal, so that the Planning Commission has a clear direction in which to proceed. Administrator Hunn suggested emphasizing cluster planning and the possibility Shorewood could work with another community relative to some cluster planning which is a concept of the Metropolitan Council. Counci1member Stover remarked that if a proposal comes before the Council at this time. the current Comprehensive Plan indicates the Council will be receptive to the idea. Page LU-5, Paragraph 2. Mayor Dahlberg inquired as to the adverse effects of piece-meal subdivision. Councilmember O'Neill felt it would be necessaJy to have a map outlining the land which could be subdivided prior to addressing this section. . Page LU-5, Paragraph 4. Councihnember Stover commented either the land owner or the City can initiate a zoning change. She commented she did not feel anyone would be in favor of a zoning change since most people prefer not to have change. Mayor Dahlberg stated it would not be his intention to initiate rezoning. Nielsen reviewed the 15 areas which are being suggested for rezoning. Conunissioner Kolstad felt it important that the changes being recommended be addressed as quickly as possible so they are complete before developer requests arise. Commissioner Turgeon expressed her agreement. Mayor Dahlberg proposed the Council discuss alternative methods with which to address the Comprehensive Plan. He suggested the Councilmembers review the items which have been discussed and submit proposed language to be reviewed and considered. Councilmember Garfunkel felt a broader view should be utilized. MAY. -08' 97 (THUl 08: 35 TIMESAVER SECREt TEL:612 421 9511 P.004 ... . ., ;;: ':" ~'i CITY COUNClL WORK SESSION MINUTES MAY 5.1997 -PAGE 4 Counciln1ember O'Neill pointed out it is the responsibility of the Council to give direction and debate would occur at the Planning Commission level. Commissioner Borkon felt if the Council were to give the Commission clear and concise direction. the Commission could then address these issues. Councilmember Stover felt it to be the duty of the Council to decide on policy and then leave the language to be determined by the Planning Commission. Mayor Dahlberg suggested summarizing the policies which have been discussed for each section. The Council could then revisit the issue to discuss and finalize the summaries. Commissioner Borkon felt. senior housing to be an important issue to be addressed. She suggested the Council discuss the relative issues with staff' and then allow staff to sununarize the directives of the Council. It was decided the bullet point items would be submitted to the Planning Commission who will then work on the.language for the applicable sections. . It was agreed Planning Director Nielsen would provide a summary of the sections which were addressed in this session and he will provide this information to the Planning Commission for their consideration. Mayor Dahlberg requested the Council review this summary before it is forwarded on to the Planning Commission for their review. The Council will then have an opportunity to comment on the summary prior to its submission. Mayor Dahlberg recessed the meeting at 9: 19 p.m. and reconvened at 9;29 p.rn. Transportation Section This issue was not addressed. Community Facilities Section - Induding Water System Policies The Council reviewed a Memorandum submitted by Brad Nielsen relative to the Community Facilities - Municipal Water dated April 29, 1997. . Page CF.3, No.5. It was agreed this provision would be deleted from the Comprehensive Plan. Page CF~5. Mayor Dahlberg wouId like this section to reflect the policy will be to make the system voluntary. Councilmember O'Neill stated when watermain is instal1ed in front of a home. the property owner will eventually be forced to pay whether by the bank upon a sale of the property or as an assessment when it is initially installed. He noted he would resist this as much as possible. MAY. -08' 97 (THUl 08: 36 TIMESAVER SECRET. TEL:612 421 9511 P. 005 CITY COUNCn.. WORK SESSION MINUTES MAY 5, 1997 - PAGE 5 Mayor Dahlberg inquired how much responsibility the City should assume and whether the City should consider itself responsible for the bank's policies. Counci1member O'Neill expressed concern for the financial hardship this could potentially put upon a property owner. Mayor Dahlberg felt there was some consensus in an instance where watennain is a considerable distance from a neighborhood in which a majority of the property owners are desiring municipal water, they would be advised of the cost to bring in the service and informed it may not be financially feasible. Councilmember O'Neill asked which systems are at or close to saturation point. Nielsen stated the W oodhaven system has some limited capacity. Amesbury would need to be connected with the Waterford system. Beyond that, the addition of the water tower and the interconnection of the two systems has accomplished a significant portion oithe existing plan. . Councihnember O'Neill stated he would prefer new developments not hook into the municipal water system. He felt at some point. 60 percent of the city would be hooked into the municipal water system. and eventually, everyone would be required to hook up since the majority of the City is hooked up. Councilmember Stover inquired relative to the work to be completed on Strawberry Lane. She suggested this may be an opportunity to inquire of the home owners how many would be in favor of hooking up to municipal water. Council:member O'Neill stated water quality. repairs, and issues relative to the fact that Strawberry Lane is being reconstructed are all things which need to be considered aside from the fact that people do not want nnmicipal water. Mayor Dahlberg commented the policy is not to expand the municipal water system except wheD a neighborllood on a feasible basis demands it. He felt the Council should . adhere to that policy. . Councilmember Stover felt the financial implications also need to be considered. Councilmember Stover felt a developer still has a choice. He can choose not to develop in a particular area ifhe does Dot want to pay for municipal water. She stated a person who already owns the property and then has water forced upon them, has no choice. Councilmember Stover commented in order to make the system as financially profitable as possible and due to the fact the majority of the City is already developed, she felt the developer in that situation should be required to hook up to the municipal system. Councilmember GarlUnkel commented on watennain which would need to be run by homes where the property owner does not want municipal water. but would be assessed for the cost because it runs by their home. MAY. -08' 97 (THU) 08: 36 TIMESAVER SECREt TEL:612 421 9511 P. 006 CITY COUNCIL WORK SESSION MINUTES MAY 5, 1997 - PAGE 6 . Nielsen stated under the cmrent policy it is suggested that new development will be serviced with city water where it is available. Mayor Dahlberg suggested taking the mandatory provision out of the policy and making it voluntary on the part of the developer. Councilmember O'Neill asked. if made volun'taIy, what would happen to the $10,000 assessment. . Nielsen stated those fees would still be applicable to property owners requesting access to municipal water. Mayor Dahlberg stated ifmunicipal water is available, the developer could choose whether or not to hook his development up to that system.. Councilmember O'Neill raised the scenario of a neighborhood in which nine property owners would be requesting municipal water and three property owners do not support the request. He stated he would not be in favor of the three property owners being subjected to the costs and assessments associated. with connection to municipal water. Mayor Dahlberg was not in favor of allowing three property owners to veto the ability of the nine property owners to have access to municipal water. however, he did not want those three property owners involuntarily connected to and charged for municipal water. . Commissioner Tmgeon questioned Councilmember O'Neill on whether or not he believes municipal water increases the value ora property. He stated he felt it would increase the value between $1.000 and $2,000. Councilmember O'Neill stated if water is made available to a particular street, then every property owner on that street must be assessed. Brown commented when a subdivision puts in water. the later hook up would then need to be charged an equivalent amount. Councilmember Stover felt it was more reasonable to use the policy in which every property owner is assessed an equal amount for mwUcipal water. She noted the current plan provides that a property owner is assessed a portion of the cost of their particular project. She felt anyone hooking onto municipal water should be charged the same amount rather than an amount based upon the cost of a particular project. She felt it WlIeaSonable to buy a service at a different price based on their physica11ocarlon. Mayor Dahlberg felt user fees and cost based pricing to be very just. . CounciImember O'Neill stated he is in favor of requiring 100 percent of a neighborhood to request water in order to have the ability to hook up, otherwise he would not be in favor of municipal water being forced on someone who does not want it. Councilmember Stover suggested that if there are several homeowners who do not want to hook u~ they could be assessed at some point in the future if or when they would decide to hook up to municipal water. MAY. -08' 97(THU) 08:37 TIMESAVER SECRET. TEL:612 421 9511 P. 007 -. j' CITY COUNCll. WORK SESSION MINUTES MAY 5,1997 . PAGE 7 Mayor Dahlberg felt it would be a concession to the democratic structure oflife in the City to agree to municipal water at the request of others in the neighborhood knowing he would be forced to pa.y the assessment at the time of a sale of the home. He stated he is very sensitive to the fact there may be others within the City who do not feel the same. Councilmember Garfunkel felt there would need to be a clear realization by the property owners that at the time of a sale or refinancing of the property, the assessment would need to be paid. Brown gave an example of the person requesting city water who would have their rights infringed upon by those property owners vetoing access to municipal water. Councilmember O'Neill commented the property owners who are not in favor of municipal Water would be subjected to unwanted expenses. . Commissioner Turgeon felt poSSIbly a new survey should be conducted to detennine where property owners stand on this issue. Councilmember O'Neill stated the intent of the Council to complete a random telephone survey. Counci1member O'Neill stated. if more than 50 percent of the residents of Shorewood want water, then he would vote in favor of it. Mayor Dahlberg rem.arked a combination of feasibility and the voluntary nature of the system to be the issues fer consideration. The 100 percent policy would result in several property owners holding up tJ'te system, or that several property owners win concede regardless of the cost which would be imposed by the bank upon a sale of the property. . CO\U1cilmember Garfunkel commented the marlcet should decide. Council:menlber Stover commented on a development where water is not available and existing residents are not being affected by an involuntary assessment. She pointed out the water tower must be financed. Councilmember Garfunkel noted the water tower which was built improved the service to the property owners on that system. He questioned whether those property owners paid for any part of the water tower. Commissioner Turgeon felt this would be double assessing those property owners. Nielsen noted an additional mile of trunk main was installed which benefitted others as well Councilmember Garfunkel noted the current policy provides that a development is required to hook up to municipal water. Mayor Dahlberg felt it was the consensus of the Council that new developments not be required to hook up. Councihnember GarfUnkel felt it should be a market driven approach. The developer can determine whether or not there is a market for homes on municipal water as opposed to private wells. Mayor Dahlberg was in agreement with Councilmember Garfunkel's market driven approach in that the developer. given. his profit margin goals in addition to the assessment market, can calculate which is the better alternative. MAY. -08' 97 (THU) 08: 37 TIMESAVER SECRET. TEL:612 421 9511 P. 008 !t'.. .;... CITY COlJNCn.. WORK SESSION MINUTES MAY 5,1997 -PAGE 8 Nielsen summarized the direction of the Council the plan should be voluntary and 100 percent petition would be required. If there is less than 100 percent petition. financial feasibility and consent of those not wanting water would be required. If one property owner does not agree. there would need to be a decision made relative to how this would be handled. Brown felt there could be some problem with pitting neighbor against neighbor. He noted his understanding the project would have to always be 100 percent feasible. Counci1member Stover commented at one point. the Council had considered a plan in which it would required a super majority of the Council to ovenide the veto of a single property Owner. Councilmember O'Neill stated he would be in favor of this type of resolution. Mayor Dahlberg clarified a petition for water would required 100 percent feasibility and the second requirement would be a 100 percent sign off by the neighborhood. . Nielsen commented there is a plan fur putting water throughout the city as well as an engineering plan indicating the size of pipe to be used. He felt it important: to retain that provision of the plan. Councilmember Stover commented when a neighborhood requests municipal water. once a feasibility study comes back and the cost is excessive" the property owners would be allowed to withdraw their petition. however, they would be responsible for the cost of the feasibility study. Councibnember O'Neill requested infonnation relative to the Amesbury neighborhood. Brown inquired of the Council relative to Strawbeny Lane. COUDciImember Stover felt the neighborhood should be given the opportunity to voice their feelings relative to the installation of municipal water given the upcoming work on that roadway. Counc:ilmember O'Neill requested the financial infonnation surrounding this issue be made available so the residents can make an informed decision relative to this. Councilmember Stover suggested as soon as anything is known relative to work on Strawberry Lane, the neighborhood should be informed. Mayor Dahlberg felt the notification would need to be clear they will not be forced to hoo~ up to water. Counci1member Stover suggested simply asking for neighborhood input relative to water. Brown will draft a notice and send it to Council for their review. . Councilmember Stover would like to be careful of the phrasing used so that residents do not feel water is going to be forced upon them. She stated she simply wants the residents informed of the roadway work which will be occurring. They should then be allowed to voice their opinion relative to water. Hum stated the Council will need to discuss the funding to be used for street reconstroction. MAY. -08' 97(THU) 08:38 TIMESAVER SECRET. TEL:612 421 9511 P.009 CITY COUNCIL WORK SESSION MlNUTES MAY 5.1997 . PAGE 9 Counci1member O'Neill requested infonnation relative to the assessment of roadway reconstruction on Strawberry Lane. Brown noted this matter will come before Council on May 12th for approval of plans, specifications and the advertisement for bids. Mayor Dahlberg felt a budget and a levy should be developed which would be adequate to cover the expense involved in roadway reconstruction. Counci1member Stover referenced an instance where property owners would be taxed for roads they never used or where they had paid for their new roadways at the time they purchased their new home and she inquired whether or not it would be fair to tax property owners for a setVice they will not benefit from in their life time. Councilmember O'Neill felt it was common practice to be assessed for a street to be rebuilt. Mayor Dahlberg noted he is neutral on this issue. . Brown summarized the direction he rec:eived to be to draft a letter tbat watermains are voluntary. however those hooked up will still be required to pay. He felt Ro1ek had raised a good point in that since the City is going to adopt a roadway policy, should it be done on the Strawberry Lane project with more of a public process of adopting the assessment policy. Mayor Dahlberg stated he does not want to be in a rush to adopt a new policy without the time to carefully ret1ect upon it. Brown remarked nonnally although the roadways are reconstructed approximately every 40 years. in a reclaim, there would be about 10 to 12 years. 3. ADJOURNMENT O'NeiU moved, Ganunkelseeonded to adjourn the City Council Work Session Meeting at 11:17 p.m. . RESPECTFULLY SUBMl1TED. Cheryl WalIat, Retordinl Secretary TimeSaver Off' Site Seeretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. BURM, CITY ADMINISTRATOR \. CITY OF SHOREWOOD RESOLUTION NO. 97-_ A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE SUNDAY & CLUB WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfIlled the requirements for the issuance of a special "Club License" for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a special Club License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 1997 to May 31, 1998, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant American Legion Post #259 Address 24450 Smithtown Road Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 12th day of May, . 1997. Tom Dahlberg, Mayor ATfEST: James C. Hurm, City Administrator/Clerk 1F3ft i';,~ jff ~l \, I .... ~ ',!'".~~ Minnesota Department of Public Safety UQUOR CONTROL DIVISION 444 Cedar St.. Suite 100 L, St. Paul, MN 55101-2156 (612)296-6434 Fax (612)297-5259 TTY (612)282-6555 ,,".~~!"~ j.T ':'" ..:..... ,,;"=>;.,d,~, ~~~-~'1' o!!,:'.~'t""; ~~ .~;.~. APPLICATION FOR CLUB ON SALE RETAIL LIQUOR LICENSE This application (PS 9016-94) shall be completed !:7f an officer of the club seeking a license. This application and the proof of Iquor liabiliy insurance must be filed w~h the city clerk orthe county auditor. To qualify for a license a club must have at least fifty members, been in cortinuous existence for at least three years, have an elected governing board and limit sales to members and bona fide guests on~. The annual ficense fee is set I:1t statute (M.S. 340A.408). Granting of a license !:7f the city or county is discretionary. Workers Compensation Insurance Company. UCENSEE'S SALES & USE TAX 10 NUMBER -r::t:. & ~ 4;2..14 /u ctE' CjSC3" 00 TYPE OR PRINT. Club Trade Name or DBA Corporation Name . '1./l. - 1 ~.- /l f " 1':::../ j U;:::,U LC '-~re...... License l...ocaIion(Street Address) -- It '1 ,--t;. 0_'> I e?4 7 / ,~' I 1,,1. '-C- b-/ ti /....- /2b, PDSF 1f.J(1 f11, LE"GtctV Are there any delinquent taxes on the property? DYes }(No Name of Member of Managing Board /6 - ;z , r-.r D,4Li.-~4A~ -S'- ~- 'I:;;. , G'i2-G- 4.- ;29- J-'-I ~ /(../<.;4 L The Ucensee must have one of the follONing: CHECK ONE .. A. OR -! B. OR " C. - Co. Poli~ g <::0 'i ' 9 c,;le To apply for a sales tax number call 296-6181 or 1-800-657-3777 , - , LeG10/V JD~r ~~t) Business Phone FROM 4>- J- 7 TO -,[:.3/- Courty State /-1 e;,J,d G ftl tJ Building ONnefs Address ,;z 7' 't~'-D SrAf r)l (D u.J AJ ...5.t-Io;Z.€ WOO b ;VI Club Managefs Name fl1A f- TY \) IE" t...;J iCiA.,z:-z. 7"1- 39F;). -..1-::r-.3.3/ J'.b, .r..r33/ t.-,;t(.: ~r Address .['7 g c. ~(A U /<.i4 PJ:> ' .:5N~lO:!w0.c n I !vf,-J I S.r33/ Address,..(7? 0 G" u../.-e- KA /2D I ..s fleR. e uJcoD ftl/V I rS..:331 Address ). 417.)...... Gi-G'IJ tJJ I ..:5Ho/~l.,i)()c.b !,;lNi ~-:331 Address Liquor Uability Insurance(Dram Shop) - $50,000 per person: $100,000 more than one person: $10,000 property destruction: $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM A Surety bond from a surety company with minimum coverage as specified above in A. A certificate from the State Treasurer that the Ucensee has deposited with the State, Trust Funds having a market value of $100,000 or $100,000 in cash or securities. Give Date of Club Charter if Veterans or Fraternal O~ anization Number of Years in Curren Quarters C-c; Dale of Incorporation /1,7 Number of Years of Continuous Existence 7 Z ofthe Club Will the Club be Issued a I.aNful Gambling License?)[YES [1 NO 33 Number of Club Members 4,.., c' J' ' , .YesXNo XYes w No :.., Yes,KNo rJ Yes ~No 4. [i Yes XNo 5. }(Yes :-: No 6. ;--"~-- 1. Are any members, officer, agents or employees paid profits from the sale of beverages to club members? Are any employees paid salaries? Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere? If yes, give names. dates and final outcome of violations. <Ji.-- 2. 3. Does any wholesaler or manufacture of alcoholic beverages aNn or have any interest in furniture, fIXtures or equipment for the licensed premises? If yes, give details. During the past license year, has a Summons been issued underthe Liquor Civil Uability Law(Oram Shop) M.S. 340A.802? If yes, attach a copy of the Summons. Will you serve liquor on Sunday? Amount of SUnday Ucense Fee .$ ;).CD I certify that I have read the a ove questions and that the anS'vVers are true and correct of my O\Nn knowledge. ~. Yes :.~ No IF UCENSE ISSUEO BY THE COUNTY BOARD: REPORT OF COUNTY ATTORNEY Date ';, I certify that to the best of my knONledge the applicants named above are eligible to be licensed. If no, state reason. Signature County Attorney County Oate REPORT BY POUCE DEPARTMENT OR SHERIFF'S OFRCE This is to certify that the applicant, and the associates, named herein have not been convicted within the past fIVe years for any violation of Laws of the State of Minnesota, or Municipal Ordinances relating to Intoxicating Liquor, exceJ:t s follONS: Police Department or Sheriff's Name Title Signature License U Granted 0 Denied License o Granted 0 Denied Signature City Clerk or County Auditor Date SIgnature Liquor Control Director Date IMPORTANT NOTICE ALL RETAil UQUOR UCENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL TOBACCO ANO FIREARMS. FOR INFORMATION CALL (612)290-3496 ~~ ~ Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar St., Suite IOOL St. Paul, MN 55101-2156 612-296-6430 . TIY 612-282-6555 . FAX 612-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MNLiquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code City/County where license approved MClONSS L. a. d E d' 05/3 1 /97 lcense eno n mg Shorewoo 10# 1331 Licensee Name Am leg 259 Trade Name Clarence Clofer Post Licensed Location address 24450 Smithtown Rd City, State, Zip Code Business Phone ( 6 1 2) 4 74- 398 2 Shorewood, MN 55331 LICENSE FEES: Off Sale $ On Sale $ 250.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership or the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Aoolicant's silmature on this renewal confirms the followinl!: Failure to reoort any of the followinl! will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy ofthe summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100, 000 surety bond may be submitted in lieu of liquor liability. Licensee Signature (Signature certifies Date Y..../ 6 ---97 e correct and license has been approved by city/county. City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-96 Indicate below chanl!es of corporate officers. partners. home addresses or telephone numbers: Indicate below any interest whatsoever. directlv or indirectlv in other liQuor establishments: Report below details of liQuor law violations (civil or criminal) that have occurred within the last five yeats. (Dates. offenses. fines or other penalties. includinl! LiQuor Control Penalties): . Reoort below details involvim! any license reiections or revocations: . City/County Comments: CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AUTHORIZING SUBMITTAL OF THE 1997 HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES WHEREAS, pursuant to Minnesota Statute 1I5A.551, by December 31, 1993, each County in the Metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each County must develop and implement or require political subdivisions within the County to develop and implement programs, practices, or methods designed to meet its, recycling goal; and . WHEREAS, pursuant to Minnesota Statute 1I5A.551, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County adopted a Hennepin County Funding Assistance Policy for Source Separated Recyclables on September 11, 1990, to distributed funds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds cities must meet requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, as follows: . 1. That the Council authorizes the submittal of the 1997 Hennepin County Grant application for Municipal Source Separated Recyclables. 2. That as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as indicated on the 1997 Hennepin County Recycling Grant Application and that the City will use county funds only for the purpose of implementing the City's waste reduction and recycling program. ADOPTED by the City Council of the City of Shorewood this 12th day of May, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administer ;Ft3B Contract No A 11447 AA Code Vendor No. *000070455 MUNICIPAL RECYCLING GRANT AGREEMENT THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County", through its Environmental Management Division, 417 North Fifth Street, Minneapolis, Minnesota 55401, and the CITY OF SHOREWOOD, hereinafter referred to as the "City", 5755 Country Club Road, Shorewood, Minnesota 55331. WITNESSETH: . WHEREAS, the County Board, by Resolution No. 97~4-200, on the 15th day of April 1997, authorized funding for Municipal Recycling Programs from January 1, 1997, through December 31, 1 997, and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section 115A.02 and 11 5A.03, as amended by the Laws of Minnesota 1992, Chapter 685, and Minnesota Statutes 473.8011; the Office of Environmental Assistance Solid Waste Management Development Guide/Policy Plan; Hennepin County's Solid Waste Master Plan; and Hennepin County's Residential Recycling Funding Policy. NOW THEREFORE, the County and the City agree as follows: I. SERVICES TO BE PROVIDED . 1. The City will operate its recycling program as more fully described in the Grant Application, Attachment A, which is incorporated and made part of this Agreement. 2. In addition to the services as referred to above, the City agrees: a. The City must recycle 18 percent of its residential waste stream. If the City fails to achieve this percentage goal, it will be required to submit a plan for County approval to increase abatement within 90 days of the submittal of the municipal year-end report. b. At a minimum, the City shall collect the following materials at curbside: 1. Newspaper and advertising supplements; 2. Corrugated cardboard; 3. Clear, brown, and green glass food and beverage containers; 4. Metal food and beverage cans; 5. All plastic bottles with a neck except bottles that previously contained hazardous materials or motor oil; and 6. Magazines and catalogs c. The City shall submit on forms provided by the County, a Semi-Annual Report and a Final Report which summarizes the major outcomes of its recycling program. The Semi-Annual Report will cover the first six months of the calendar year and shall be submitted by August 15, 1997. The Final Report covers the entire year and shall be submitted by February 15, 1998. d. All SCORE funds accepted from the County shall be used for waste reduction and recycling capital and operating expenses in the year granted; the City shall not retain any SCORE funds in excess of actual program expenses; and any unused funds shall be returned to the County. e. The City may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its recycling program which is funded by County SCORE funds. f. The City shall establish a separate accounting mechanism, such as a project number, activity number, cost center or fund that will separate recycling revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. . g. All recycling and waste reduction activities, revenues and expenditures are subject to audit by the County. h. The City must measure the set-out participation rate of its residents in curbside recycling during the month of October. The method used for measuring participation must be as submitted on the Grant Application. I. If the City does not contract for curbside services, the City will receive SCORE funds provided that at least 90% of the SCORE funds are credited back to residents and the City meet all minimum program requirements. The additional 10% of SCORE funds may be used for City administrative and promotional expenses. J. The City's municipal solid waste programs must be consistent with Minnesota Statutes, the County's Solid Waste Management Master Plan and all County ordinances. . II. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1997, and terminate on December 31, 1997. III. METHOD OF COMPENSATION 1. The County will distribute SCORE funds to the Cities only to the extent the County has received such funds from the State of Minnesota. The City will receive SCORE funds per the the formula below: 2 . # of Households Served Curbside Total SCORE Revenue Received by County from State of Minnesota = SCORE funds Distributed to City by City x Total # of Households Serviced Curbside in County The County shall pay the City an annual amount not-to-exceed $21,501. This amount is based upon previous SCORE fund amounts received by the County. Under no circumstances will the County's obligation of SCORE monies distribution exceed the City's proportion of SCORE revenues received by the County. 2. The County receives SCORE funds twice a year from the State of Minnesota. The County intends to distribute to the City its share of SCORE funds twice a year. The first distribution of SCORE funds will be made to the City following the receipt and approval of the City's Final Report for 1996. The second distribution will be made following the receipt and approval of the City's Semi-Annual Report for 1997. IV. HOLD HARMLESS AGREEMENT Consistent with the specific limits, exclusions, and conditions expressed in Minnesota Statutes, Chapter 466, the City agrees to defend, indemnify, and hold harmless the COUNTY, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any . respect, all obligations under this contract. V. INSURANCE 1. In order to protect the City and those listed above under the indemnification provisions, the City agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program or insurance policies as follows: 3 a. Commercial General Liability with the following coverages. Contractual Liability coverage must be included. General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Injury and Property Damage Fire Damage - Any One Fire Limits $600,000 600,000 600,000 600,000 100,000 b. Automobile Liability covering owned, non-owned, and hired automobiles or "Any Auto": Combined Bodily Injury and Property Damage - Each Occurrence 600,000 c. Workers' Compensation and Employers' Liability 1) Workers' Compensation. 2) Employers'Liability. Bodily Injury by: Statutory . Accident - Each Accident Disease - PolicV Limit Disease - Each Employee 100,000 500,000 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. 2. The above establishes minimum insurance requirements. It is the sole responsibility of the City to determine the need for and to procure additional coverage which may be needed in connection with this Agreement. If the City does not have a self-insurance program, the City shall not commence work until the City has obtained the required . insurance and filed with the County an acceptable certificate of insurance. The certificate shall: Name Hennepin County as certificate holder and as an additional insured for all liability coverages (except Workers' Compensation and Employers' Liability). List any exceptions to the insurance requirements Be amended to (1) show that Hennepin County will receive 30 days written notice in the event of cancellation, non-renewal, or material change in any described policies, and (2) delete the wording: "endeavor to" and "but failure to provide such written notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." 4 3. The City shall require that each of its subcontractors, while performing services in the operation of the city's recycling program, have and keep in force insurance as follows: a. Commercial General Liability to include the following coverage and limits of insurance. Contractual Liability coverage must be included. General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Injury and Property Damage Fire Damage - Any One Fire Limits $1,000,000 1,000,000 1,000,000 1,000,000 100,000 . b. Automobile Liability covering owned, non-owned, and hired automobiles or "Any Auto": Combined Bodily Injury and Property Damage - Each Occurrence 1,000,000 c. Workers' Compensation including Employers' Liability. 1) Workers' Compensation. If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Statutory 2) Employers'Liability. Bodily Injury by: Accident - Each Accident Disease - Policy Limit Disease - Each Employee 100,000 500,000 100,000 . An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. A certificate of insurance naming the City as certificate holder and as an additional insured shall be filed with the City prior to commencement of operations. VI. NON-ASSIGNMENT OF SERVICES It is agresd that nothing herein contained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expense, all personnel required for performing services under this Agreement. Any and all personnel of the City, or other persons, while engaged in the performance of any work or services required by the City, under this Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the 5 County, and any and all claims that mayor might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its elected officials, officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to any compensation rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay, and PERA. VII. COMPLIANCE WITH LAWS The City agrees to comply with all applicable state and federal statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provisions in Minnesota Statutes, Chapter 115A and 473.801 et.al. . VIII. AFFIRMATIVE ACTION The City and its contractors shall follow the City's Affirmative Action policy against discrimination. Hennepin County shall follow its Affirmative Action policy against discrimination. IX. DATA PRIVACY The City agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The City agrees to defend and . hold the County, its officers, agents and employees harmless from any claims resulting from the City's unlawful disclosure and/or use of such protected data. X. RECORD AVAILABILITY The City agrees that the County, the State Auditor or any of their duly-authorized representatives, at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent and involve transactions relating to this Agreement. Such material must be retained for five (5) years by the City. The City's accounting practices and procedures relevant to this Agreement shall also be subject to examination by any or all of the aforesaid persons as often as and during such times as aforesaid. 6 XI. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement and signed by both parties. XII. MINNESOTA LAWS GOVERN . The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. XIII. TERMINATION . This Agreement may be terminated by either party by written notice to the other party at least thirty (30) days prior to the specified effective date of termination. In addition, the County shall have the right to terminate this Agreement on ten (10) days' written notice if the City's performance is not timely or is substantially unsatisfactory or if the City has violated any of the covenants, agreements, or stipulations in this Agreement. Notwithstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the City. The County may withhold any payment to the City for the purposes set forth until such time as the exact amount of damages due the County from the City is determined. In the event the County does not receive any SCORE funds, this Agreement will be terminated upon written notice by the County. XIV. CONTRACT ADMINISTRATION In order to coordinate the service of the City with the activities of the Environmental Management Division so as to accomplish the purposes of this contract, Bob Thomas, Problem Materials & Recycling Program Manager, will manage this contract on behalf of the County and will serve as liaison between the County and the City. XV . CONTINUATION OF OBLIGATION The obligations and/or warranties of the City and the County shall survive the performance and cancellation or termination of this Agreement. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as to this day of , 1997. Approved as to form: COUNTY OF HENNEPIN STATE OF MINNESOTA Assistant County Attorney Date: By: Randy Johnson Chair of Its County Board Approved as to execution: And: County Administrator . Assistant County Attorney Date: Approved as to execution: CITY OF STATE OF MINNESOTA By: Title: . City Attorney Date: And: Title: And: (Title) CHECK ONE: Charter Option A _ Option B 8 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A VARIANCE TO ROCKFORD WALDIN TO ADD ON TO A NONCONFORMING STRUCTURE . WHEREAS, Rockford Waldin (Applicant) is the owner of real property located at 5755 Merry Lane, City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Applicant has an existing single-family dwelling, which dwelling is located entirely within the 75 foot lakeshore setback area; and WHEREAS, Applicant has applied for a variance to construct an addition at the rear of the existing building consisting of a two-story living space addition and a three- season porch addition on the south side of the existing building, which will lengthen the existing three-season porch by six (6) feet, both of which are within the setback area; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 25 March 1997, a copy of which is on file at City Hall; and . WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 1 April 1997 , the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant appeared before the City Council at a regular meeting of the Council held on 28 April 1997 , at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and WHEREAS, the City staff was directed by the City Council to prepare a resolution setting forth Findings of Fact and Conclusions approving the Applicant's request for a variance. 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 a lakeshore lot located in an R-IA/S, Single- Family ResidentiallShoreland zoning district which requires a 75 foot lake shore setback. 2. That the existing building on the property is located entirely within the lakeshore setback area and is therefore a nonconforming structure. 3. That the proposed rear-yard addition will extend approximately nine (9) feet into the lakeshore setback, and the porch addition at the south side of the existing building will extend approximately nineteen (19) feet into the lakeshore setback area, both of which additions will increase the nonconformity of the structure. 77- c._ . . 4. That any addition to a nonconforming structure which increases the nonconformity requires a variance pursuant to the Shorewood City Code. . 5 . That the two-story addition and the extended three season porch on the south side of the building have been designed as an integral part of the existing home and the building is architecturally appropriate for the area. 6. That due to the configuration of the lot and the location of the existing building on the lot, the Applicant has no alternative means of achieving a reasonable use of the property under the terms of the zoning code. 7. That the additions proposed by the Applicant constitute a reasonable use of the property and would have minimal impact on the neighboring properties. CONCLUSIONS 1 . That the Applicant has satisfied the criteria for the grant of variances under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth hereinabove. 3 . 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 12th day of May, 1997 Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk " 2 . . LEGAL DESCRIPTION "Lot 190 and that part of Lot 191, which lies sout.."lerly of the following described line: Commencing at the nort.."least corner of Section 3S, Township 117, Range 23, Eennepin County, Minnesota; thence south along ~~e east line of said Section 3S a distance of 103.00 feet; ~~ence southwesterly deflecting right 37 degrees, 15 mLlutes, 48 seconds a distance of 2224.14 feet to the point of beginning of the line to be described; thence sout..~easterly deflecting left 91 degrees 22 minutes 41 seconds a dist~lce of 56.57 feet, thence southeasterly deflec~ing right 9 degrees 55 ~~nutes 43 seconds a distance of 148.95 feet; t..~ence northeasterly deflecting left 68 degrees 30 minutes 2! seconds to t..~e shoreline of Chris~~as L~<e and said line t.'1ere ending, Auditor I s Subdivision Number One Hundred and ~~enty, Hennepin County, Minnesota, accordLlg to the plat thereof on file or of record in t..~e office of t..~e Registrar of Titles in and for said County. It . ",'" EXHIBIT A CITY OF SHOREWOOD MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neVshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator JP FROM: Larry Brown, Director of Public Works . DATE: May 7, 1997 RE: Permanent Appointment of Chris Pounder as a Light Equipment Operator Chris Pounder's probationary period ends on Monday May 12. Since the beginning, Chris has shown incredible enthusiasm for this position and continues to carry our his responsibilities with little direction necessary. In addition, Chris is very eager to learn new items or procedures. Both Larry Niccum and myself give Mr. Pounder a high rating and are recommending him for permanent appointment for the position of light equipment operator. . ~3D A Residential Community on Lake Minnetonka's South Shore . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION RELATING TO PROBATIONARY PERIOD OF SECRETARIAL POSITION WHEREAS, the City Administrator is charged with the management and oversight of personnel throughout the City of Shorewood; and WHEREAS, the secretarial position reports to the Executive Secretary / Deputy Clerk and the City Engineer; and WHEREAS, Wendy Anderson was hired to fIll the secretarial position on November 12, 1996; and WHEREAS, Wendy was placed on the. customary six month probationary period upon hire; and WHEREAS, the assessment of the performance and quality of work during the probationary period indicated a need for improvement; and WHEREAS, on April 17, 1997 areas of deficiency were reviewed with regard to this position; and WHEREAS, based upon improved performance, staff has recommended the probationary period beexrended up to three months during which time the performance and quality of work must show continuous improvement. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby accept the recommendation of the City Administrator to extend the probationary period for up to three months to provide an additional period of time during which continuous improvement of all job functions must be exhibited. ADOPTED by the City Council of the City of Shorewood this 12th day of May, 1997. Tom Dahlberg, Mayor A TIEST: James C. Hurm, City Administrator/Clerk $-3E CITY OF SHOREWOOD MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neVshorewood . cityhaU@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator J t'l; . ~/ FROM: Larry Brown, Director of Public Works . DATE: May 7, 1997 RE: A Motion Authorizing Advertisement for Bids for Two (2) Dump Boxes and Hydraulic Systems, and authorization for expenditure of funds for Two (2) Snow Plows, Sanders, and Radio Equipment. On March 24, 1997, the City Council authorized the purchase of two (2) cab and chasis for dump trucks. As an industry standard, the proceedure is to purchase the all of the various components of a dump truck separately. This originates from separate vendors supplying each piece, and the various purchasers requiring different specifications for the dump box, plows and accessories. . Statutory bidding requirements specify that purchases made over $25,000 be performed by a formal competitive bidding process. Amounts under $25,000 can be performed by obtaining two competitive quotations. Staff's original estimate of the dump box and hydraulic systems were under $25,000. The quotes received were approximately 500 dollars over the $25,000 statutory bidding requirement. Therefore, staff is seeking authorization to advertise for bids based on the specifications as shown in attachment 2. If authorized, bids would be opened on May 29, 1997 and presented for award at the June 9, 1997 City Council meeting. In addition, quotes for two snow plows and sanders have been obtained. The two quotes received are as follows: ~,'-- MacQueen Equipment Aspen Equipment $10,623.00 each set (excluding sales tax) $10,727.00 each set (excluding sales tax) For two plows, sanders, hydraulics systems and sales tax, the low bid amounts to $22,626.99. A Residential Community on Lake Minnetonka's South Shore 1t2f Mayor and City Council Authorize Ad For Bid May 7, 1997 Page 2 of2 In addition, staffis seeking authorization for expenditure of$I,400.00 for purchase of two radios, antennas, power harnesses for these dump trucks. The radios currently in the dump trucks will be moved to two other vehicles that presently do not have radios. Therefore, staff is recommending a motion which approves authorization for advertisement for bids for two dump truck boxes, hydraulic systems, and authorizes the purchase of the other appurtenances as outlined herein. . . . . .. CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION APPROVING A SINGLE TEMPORARY 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 has 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 single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to Variety Children's Association. Said raffle to be held on Monday, June 23, 1997 at the Minnetonka Country Club, 24575 Smithtown Road, Shorewood, Minnesota. ADOPTED by the City Council of the City of Shorewood this 12th day of May, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #=3&- 05/07/97 09:52 VARIETY*CHILDRENS*ASSOCIATION NO. 399 [;102 .. LG220 Rev013/96 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Reed OrganizB'fionilnfoi-rnatfon, " . (:..: "':, ,-:'>1.1....:_:,,-, --:-.; : ",j'" ",,- ,. : ", ," . ' . "-, - ...... -:", ",' , " ..Previous. iawfulgambling exemption number None Organization Name Variety Children~s Association Street City State Zip Code County 391 East River Road MinneR 011s Name of Chief Executive Officer of organization (CEO) First Name Last Name MN 55455 Henne in .Daytime Phone number of CEO Heiman (61 2) 624 - 6900 Daytime Phone Number of Treasurer reasurer Last Name . '. " . . 'Typebf/'ff>l1prof;tiJitJ~hizatlOif' Rubsam 332-0001 . Mr. Stacy D Fraternal D Veterans D Religious EJ Other nonprofit Check the box that indicates the type of proof attached to this application by your organization: [iJ IRS tetter 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 I. Gambli;'g.PfemisesJ~fotmation ";.c-,.. ,',"," ". '. . '!-j ".' '~:,y ::" ... ~i~~i:~:~~ H;~t=i:':~~i:': J";-' I Name of Establishment where gambling activity will be conducted City State Zip Code County . Street 24575 Smithtown Road Shorewood Date(s) of activity (for raffles, indicate the date of the drawing) MN 55331 Hennepin June 23, 1997 Checl< the box or boxes which indicate the type of gambling activity your organization will be conducting D "Bingo c;l Raffles D .Paddlewheels D .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 L . . 05/07/97 09:53 VARIETY*CH I LDRENS*ASSOC I ATION NO. 399 [;103 -.. , ':::. . !..:: .>:__~: :::-:> 'r-;:,,"; --:::,;;,i:;',<~~::::: !:' t,-:; _:~'!.;!,'i"~:~;?;:::~?~UI,~~.~:,):~l'!:r::, !!;t;q:~~.~~!~:~~i]t~1f.~I,!?i~!l:~/~:::~.!1:.<-: :_':' Local Unit; of GoveFnmel1t:;'Jdrisd,dtion Is this gambling premises located within city Iimitt;?D Yes D No If Yes, write the name of the City: City Name If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: D organized 0 unorgcmizcd 0 unincorporated Local. 'u~i{o?Gr;'~~F;;iij~~tTA~llIrdW/~~~fn~~t;' .... I. The city mllst sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion irthe gmnbling prcmi:;cs j:; notwithill city limits. 3. DO NOT submit this application to the Gambling Control Board if it is dcnicd by the local unit 01' govcrnmcnt. 4. NOTE: ^ Township may not deny an application. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st 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 AWlll"ClICSS of Application Application Signaturc ofpcrson receiving application Signaturc ofpcrson acknowlcdging application Date Received: Title of person receiving application Date Signed: Title of person acknowledging application .'Oath ',of .ch;ief';E;P~6iJti~~!~6f.iib(1;J,";;:;~,r::';;:'!';i', I have read this application and all information is true, accurate and complete. 1f,J; /~~/If---, Date: /40/ 1 /177 I I Submit the application at least 45 days prior to your scheduled 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 formshould.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 ~ontro! ~~ard (GCB) to <!etermin~ your compliance with Minnesota Statues and rules. g?vernin~ lawful gambll~g actiVitIes. All of the Informahon that you supply on this form will become publIc information when receIved by the GCB. 05/07/97 09:55 VARIETY*CHILDRENS*ASSoCIATIoN NO. 399 (;104 .. Internal Revenue Service Department of the Treasury District Diroctor Person to Contact: Taxr;a:rer Service Division ..' Telephono Number: 291-1422 41-6021101 MINNESOTA MEDICAL FOUNDATION Uni versi ty of :.:1.nne sota 5412 POWELL HALL MINNEAPOLIS, 41394086 RolerReplyto: ':::P/Eo 1342, TCMP1332 Date:AUG 24 :98\ 800 b Form Number: 990 MN 55455 Period Ended: June 3e, 1980 Exempt Status : 501(c)(3) We are pleased to tell you ~hat as a result of our examination for, the above periods, we will continue to recognize your organization as tax exempt. Your return for the above period hns been accepted as filed. We have indicated below whether there is a change in your liability for the unrelatcd business income tax as provided by sections 511 through 515 of the Internal Revenue Code. . A. [!] There is no change. B. . 0 There is no change; however, income and expenses per form 990. T were not reported correctly. See the att~chcd schedule. C. . 0 You will receive an examination report explaining the proposed adjustments. D. 0 Attached is an examination report explaining the proposed adjustments. However, as a result of the examination. we have noted one or more areas that should be brought to your attention. Those which are applicable to you are indicated on the attachment(s) co this letter. . Sincerely )'ours, District Director . Attl\chment(s) The Varicty Childrcn's Association (tol111crly Variety Cllrb Association) fonnlllly affiliatcd with the Minncsota Mcdical Foundation on March 1, 1992. As sllch, the Variety Childrcn's Association now utilizes thc tax exempt stllltls amI tux idcntification numbcr of thc Minnesota Mcdica1 Foundation. FI.RCMW 9.21 (5 .81) APlX) March 13, 1997 CERTIFIED PUBLIC ACCOUNTANTS AND OJNSULTANTS Members of the City Council City of Shorewood Shorewood, Minnesota . In planning and performing our audit of the general purpose [mancial statements of the City of Shorewood for the year ended December 31, 1996, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the City's ability to record, process, summarize and report [mancial data consistent with the assertions of management in the [mancial statements. A material weakness is a reportable condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the [mancial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. We noted the following reportable conditions that we believe to be material weaknesses. . Sel:rel:ation of Duties Our study and evaluation disclosed that because of the limited size of your office staff, your organization has limited segregation of duties. A good internal control structure contemplates an adequate segregation of duties so that no one individual handles a transaction from inception to completion. While we recognize that your organization is not large enough to permit an adequate segregation of duties in all respects, it is important, however, that you be aware of this condition. Other Matters The following are areas that came to our attention during the audit that we feel should be reviewed: General Fund The total fund balance decreased by $21,396 during 1996. The fund balance at year end was $1,522,952 and is designated for working capital. Member of American Institute of Certified Public Accountants Private Companies Practice Section liS EAST HICKORY STREET. SUITE \02 PO. BOX 1166 MANKAlD. MINNESOfA S6002.1166 (>071 62SB17 FAX (5071 l8&9Ll9 204 EAST PEARL STREET P.O BOX HS OWAlDNNA, MINNESOfA SS060.o14S (>071"'.9116 FAX (>07) .".o)91 1060 NORTHLAND PlAZA 1800 WEST 80TH STREET MINNEAPOUS. MINNESOfA S>411 t6111 8]~9090 FAX (6121 Jl96.1620 ~~ City of Shorewood March 13, 1997 Page Two APlX) ~ CERTIFIED PURlIC A(XX1U"TANTS AND CON';UlTANTS It is important to maintain an adequate fund balance for the following reasons: . Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not received until the second half of the year. An adequate fund balance will provide the cash flow required to fmance the General Fund expenditures. The City is vulnerable to legislative actions at the State and Federal level. Recent years have seen the State continually adjusting the local government aid and property tax credit formulas. An adequate fund balance will provide a temporary buffer against those aid adjustments. Expenditures not anticipated at the time the annual budget was adopted may need immediate Council action. These would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the fmancing needed for such expenditures. A strong fund balance will assist the City in maintaining or improving its bond rating. We target minimum fund balance for a city your size at approximately 40% of current year expenditures based on the factors described above. With total expenditures of $2,054,965 and transfers out of $424, 186, the $1,522,952 fund balance is 61.4% of all expenditures and transfers out. This is adequate to meet working capital needs. A summary of the 1996 operations is as follows: Budget Actual Variance - Favorable (Unfavorable) Revenue Expenditures $ 2396698 2092512 $ 2 457 755 2 054 965 $ 61 057 37 547 Excess (Deficiency) of Revenue Over Expenditures 304 186 402 790 98 604 . Other Financing Sources (Uses) Operating transfers in Operating transfers out 30 000 (424 186) (30000) (424 186) Total Other Financing Sources (Uses) (394186) (424 186) (30000) Excess (Deficiency) of Revenue and Other Financing Sources Over Expenditures and Other Financing Uses $ (90000) (21 396) $ 68604 1 544 348 $ 1 522 952 Fund Balance, January I Fund Balance, December 31 City of Shorewood March 13, 1997 Page Three APlX) ~ CERTIFIED PURLIC AC(X1UNH"JTS AND CON';ULTANTS A further detailed comparison of revenue and expenditures are as follows: Percent Increase of (Decrease) Revenue Source 1996 Total 1995 From 1995 Property Taxes $1 569653 63.87% $1489822 $ 79 831 Licenses and Permits 205 459 8.36 184 857 20 602 Intergovernmental Revenue 427 468 17.39 440 720 (13252) Charges for Services 45 245 1.84 20 505 24 740 Fines and forfeits 80 826 3.29 68765 12061 Interest 95 711 3.89 84616 11 095 Other Revenue 33 393 1.36 58 724 (25 331 ) Transfers from Other Funds - 30 000 (30 000) . Total Revenue and Transfers $2 475 755 100.00% $2 378 009 $ 79 746 1996 Revenue Taxes 64% . Intergovernmental 18% Charges 2% Other 1% Interest 4% Fines 3% Licenses 8% . . City of Shorewood March 13, 1997 Page Four AElX) ~ CERTIFIED PLRIC A'UJUNTANTS ANn C)NSULTANTS Programs Percent Increase of (Decrease) 1996 Total 1995 From 1995 $ 767 392 30.95% $ 719092 $ 48 300 689 904 27.83 647 633 42 271 472 607 19.06 432 759 39 848 109249 4.41 114 286 (5037) 15813 .64 8236 7577 424 186 ..l1J.l 404 225 19961 $2479 151 100.00% $2 326 231 $ 152 920 General Government Public Safety Streets and Highways Culture and Recreation Capital Outlay Transfers to Other Funds Total Expenditures 1996 Expenditures Culture and Rec. 4% Transfers out 17% Capital outlay 1% Streets & High. 19% Public Safety 28% General Government 31% Debt Service Funds Debt service funds are used to account for debt not accounted for in proprietary funds. The following recap matches the assets of each debt service fund with the bonds payable at year end. City of Shorewood March 13, 1997 Page Five AlIX) ~ CERTIFIEI' PURLlC AlXnLIXT..;NTS ANP G.)N~ULT.A,,~ Total Cash and Total Bonds Investments Assets Outstanding $ 168302 $ 277 963 $ 245000 3796 7507 920 000 7669 7982 7500 313 124 608 285 570 000 $ 492 891 $ 901 737 $ 1 742 500 1993 Improvement and Refunding Waterford III Tax Increment Shady Hills Stonn Sewer Improvement 191 Improvement and Refunding The 1993 and 1991 Improvement and Refunding issues should have enough resources to meet their obligations. The Waterford III Tax Increment Bonds are included in the report even though: . The bonds issued are tax increment revenue bonds The bonds are not backed by the full faith and credit of the City The bonds will be repaid only to the extent that tax increments are generated from the Tax Increment Financing District. The Shady Hills Stonn Sewer Improvement will be fmanced from a special tax levy against those properties in the Stonn Sewer District. Enter:prise Funds Liquor Fund A brief comparison with prior years is as follows: Store I 1996 1995 . Sales Gross profit Gross profit percentage $ 517 863 104 796 20.24% $ 373862 78 946 21.12% Operating loss $ (58993) $ (58702) Store II 1996 1995 1994 1993 Sales $ 713 620 $ 660437 $ 724 114 $ 753 648 Gross profit 139470 135 872 149562 142065 Gross profit percentage 19.54% 20.57% 20.65% 18.85% Operating income (loss) $ 19 126 $ 13 896 $ (6345 ) $ 7680 City of Shorewood March 13, 1997 Page Six AffX) ~ CERTIFIED PuIlUC An X1LJNTANTS ANI' CONSULTANTS Sales Gross profit Gross profit percentage Tonka Bay 1996 1995 1994 $ 473 557 $ 439 104 $ 25 073 97 788 93 564 5886 20.65% 21.31% 23.48% $ 7045 $ 3382 $ 1799 Operating income . A review of the gross profit percentage shows a drop of almost 1 % in each store. It would appear cost increases are not being reflected in price. Sales in all three stores total $1,705,040 so a 1% decrease in gross profit means a gross profit loss of$17,000. The operating loss in Store I of$59,936 has caused an overall net loss in the liquor fund of$28,403. Store I has rent of $70,954 and operating expenses of $163,789. The rent comprises 43% of operating expenses and 13.7% of sales. The Tonka Bay and Store II rent is 15% and 24% of operating expense and 2.9% and 4.0% of sales. This comparison shows the high fixed cost Store I is operating under. If the current trend continues, it will be impossible for Store I to make a profit. Other concerns were noted when we test counted the liquor inventory at Store I and II. No physical inventory was done in either Store I or Store II. The manager was relying on test counts done during the year. Enough counts were incorrect that we felt Store I had to be counted again. The problem appeared to center on the use of the computerized inventory system. More education of users would be beneficial in making this system work We strongly recommend a physical inventory be done at least once a year in all stores. Net income as a percent of sales for the three stores in 1996 is as follows: Store I Store II Tonka Bay . Sales Net income (loss) Net income (loss) as a percent of sales $ 517 863 (59936) (11.57)% $ 713 620 22 143 3.10% $ 473 557 9390 1.98% These percentages will not yield a significant return to the City. No transfers out of the liquor funds could be done this year because of the poor bottom lines. The City needs to closely analyze the liquor operations to detennine if they can be profitable in the near future. Water Fund A comparison of operations with prior years as a table and graphically follows: 1996 1995 1994 1993 Charges for services $ 259 228 $ 190 100 $ 184204 $ 154262 Penn its, connection fees 13 450 8466 78 688 18362 Total revenue 272 678 198566 262 892 172 624 Operating expenses excluding depreciation (170485) (163969) (159179) (139490) Operating income before depreciation $ 102 193 $ 34 597 $ 103713 $ 33 134 City of Shorewood March 13, 1997 Page Seven AffX) ~ CERTIFIED PURLlC AnDUNTANTS AND CONSULTANTS Water Operations $300,000 $250,000 $200,000 II Revenue $150,000 II Operating income $100,000 . $50,000 $- 1993 1994 1995 1996 The Water Fund has two debt issues outstanding totaling $2,780,000. The $1,920,000 G.O. Water Revenue Bond was issued in 1995 and currently has a balance outstanding of $ 1,920,000. Interest rates range from 3.96 to 5.50 percent and the fmal payment will be in 20 II. The $860,000 G.O. Water Revenue Bonds were issued in 1996 and will be paid through 2012. Sales increased $69,128 from the prior year. This increase is directly reflected in an increase in consumption. . Charges for services have increased each of the last four years but have been offset by increases in operating expenses. It is important to monitor water rates to ensure they are sufficient to cover operations and debt service. Sewer Fund A comparison of operations with prior years as a table and graphically follows: 1996 1995 1994 1993 Charges for services $ 698 882 $ 679 832 $ 668 530 $ 577 897 Permits, connection fees 20 566 28741 75 824 89 260 Total revenue 719448 708 573 744 354 667 157 Operating expenses excluding depreciation (547946) (520 927) (857 996) (504 026) Operating income (loss) before depreciation $ 171 502 $ 187646 $(113 642) $ 163 131 . . City of Shorewood March 13, 1997 Page Eight APlX) ~ $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- $(100,000) $(200,000) CERTIFIED PURLK: AUXllJNTANTS ANn CoNSULTANTS Sewer Operations II Revenue II Operating income 1993 1994 1995 1996 The increase in expenses was due mainly to MCES charge increasing $42,326 over the prior year. This is a 9.5% increase. Operating income is currently adequate in providing cash needs for the Sewer fund but it is important to ensure permanent increases in expenses are covered with revenue increases. Recycling Fund This fund was established in 1991 to account for the City's recycling activities. A comparison with prior years is as follows: Charges for services Operating expenses 1996 1995 1994 1993 $ 70 535 $ 46 883 $ 67 605 $ 79 023 (70 945) (f)9 734 ) (70 204 ) (f)7 721) $ (410) $ (22 851 ) $ (2 599) $ 11 302 Operating income (loss) Stormwater Management Utility Fund The fund was established in 1993 to account for the activities of the Stormwater Management System. A summary of the four years activities is as follows: 1996 1995 1994 1993 Charges for services $ 44491 $ 44 336 $ 44 065 $ 41217 Operating expenses (15033) (31011 ) (21 788) (3906) Operating income $ 29 458 $ 13 325 $ 22 277 $ 37311 . . City of Shorewood March 13, 1997 Page Nine AIIX) ~ CERTIFIED PLIBLIC AU:OUNTANTS AND CONSULTANTS * * * * * This report is intended solely for the use of management and Council. The comments and recommendations in the report are purely constructive in nature, and should be read in this context. Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting records and related data. If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your convenience. We wish to thank you for the continued opportunity to be of service and for the courtesy and cooperation extended to us by your staff. ~/OhtoJl~ March 13, 1997 Minneapolis, Minnesota ABDO, ABDO & EICK Certified Public Accountants " .. CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, APRIL 29, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CALL TO ORDER DRAFT Chair Colopoulos called the meeting to order at 7:31 P.M. 2. ROLL CALL Present: Chair Colopoulos; Commissioners Puzak, Bensman, Dallman, Arnst, Wilson arrived at 8:30 P.M.; Council Liaison McCarty; Administrator Hurm; Chief Young. Absent: None. . 3. REVIEW AGENDA There were no changes to the agenda. 4. APPROVAL OF MINUTES Regular Meetinp; of March 25, 1997: Administrator Hurm referred to his memo dated 4/29/97 regarding clarification of the March 25, 1997 meeting minutes. He stated that further explanation was necessary concerning a right-of-way statement he had made during that meeting. In the memo, Administrator Hurm noted that the right-of-way issue is one of many potential problems concerning an off-street trail on Smithtown Road. He requested that his memo dated 4/29/97 be made part of Park Commission minutes. Commissioner Dallman moved, Puzak seconded, to reference and attach Administrator Hurm's memo.dated 4/29/97 to these minutes (see Exhibit A). Motion carried unanimously. . Commissioner Arnst moved, Dallman seconded, to approve the minutes. of March 25, 1997 as submitted. Motion carried unanimously. Regular Meeting of April 8, 1997: Commissioner Dallman moved, Arnst seconded, to approve the minutes of AprilS, 1997 as submitted. Motion carried unanimously. 5. MATTERS FROM THE FLOOR There were no matters from the floor. 6. EVALUATION OF SNOWMOBILE DATA: '96-'97 SEASON Chair Colopoulos noted that the ARS (911) information was collated by Virginia Kolstad, and requested her to highlight the reports. Virginia Kolstad reported that she had compiled and analyzed last year's data and wanted to follow through with the same reporting format for this season's data. She referred to the report "Snowmobile Complaints: Database Comparison 1996 and 1997". These are the police records of activity and they fall into three categories: 1) Complaints initiated by the residents via 911 call 2) Actual incidents observed by the officers when they are out on the trail 3) Periods of time when the officers are patrolling the trail 1ft .. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, APRIL 29, 1997 page 2 She noted from last year's data ('95-'96 season) that frustrating situations occurred because officers were unavailable, unable to locate the violator, were out of position, etc. She also noted that the officers were frustrated because they were not able to apprehend the snowmobile violators from squad cars. This year's data revealed a different scenario: often an officer was available to respond to a complaint; the officer was taking action to prevent a violation (stopping snowmobiler before leaving their property, educating people on the Ordinance, passing out information); and the officer was able to apprehend a violator because the officer was actually patrolling the trail on a snowmobile. Virginia Kolstad referred to the December 1996 - March 1997 calendars, and observed that the number of citations significantly dropped over this time period: 77 citations in December 1996; 21 citations in January; 29 citations in February; and 15 citations in March 1997. Her interpretation of this data was that the enforcement had a significant impact and there were fewer violators. She also noted that there was a reduction of complaints throughout the season. She suggested that the data revealed that Officer Keller did an excellent job of enforcement. Commissioner Arnst questioned Virginia Kolstad's involvement with this year's snowmobile evaluation. Virginia Kolstad responded by stating that she had been working with Administrator Hurm as a resident to provide some input. Commissioner Arnst verified that Virginia Kolstad reviewed police reports, and questioned if she had spoken with residents who have come in with complaints. Virginia Kolstad responded that she had not spoken with residents regarding their complaints. . Tom Brown, 5570 Harding Lane, inquired if the MN DNR snowmobile data included complaints from the DNR Hotline. City staff will research this inquiry. Commissioner Arnst noted that the second page of the Database Analysis targeted four addresses and questioned the value of this information. Virginia Kolstad's analysis compared last year's addresses with this year's residential area of complaints. Her analysis shows that out of 99 resident complaints last year, 43% of those came from four households; and this year out of 57 complaints approximately 50% of those came from two households. Virginia Kolstad left the interpretation of this data to the Park Commissioners. There were no questions for Chief Young. Councilmember McCarty commented on the memo dated 4/29/97 addressed to the Park Commission from Councilmember O'Neill. Councilmember McCarty referenced the statement "I believe at this . point in time the Council is committed to continuing with the Task Force recommendations for the 1997/98 season..." She stated that the Council has not discussed this issue. Councilmember O'Neill's questions contained in the second paragraph of his memo are for Park Commission discussion items. Commissioner Bensman stated that the Park Commission was asked to evaluate and monitor the data for this current season. A City Council decision for snowmobile usage in Shorewood is necessary. Councilmember McCarty noted that the Task Force completed their work, and now the Park Commission has been requested to evaluate how well their recommendations were followed. Chair Colopoulos proposed submitting the '96-'97 evaluation data, in addition to the Snowmobile Task Force Report to the City Council for their review and action. Commissioner Bensman moved, seconded by Dallman, to recommend the new enforcement data be forwarded to the City Council for their consideration. Discussion followed regarding five questions and responses by Council as recorded in the minutes of the April 14, 1997 meeting: . . SHOREWOOD PARK COMMISSION MINUTES TUESDAY, APRIL 29, 1997 page 3 1) Should the Park Commission make general observations and recommendations regarding implementation of the plan? . 2) Should the Park Commission analyze the data from 1996/1997 and make comments? 3) Should the Park Commission determine further actions which could be taken to possible improve the program? 4) Should the park Commission make specific recommendations relative to the Timber Lane access and the LRT side trail? 5) Should the Park Commission take public input on their discussions or should this be deferred to the Council? Councilmember McCarty stated that the Council would like input from the Park Commission on Questions 1 through 4 prior to making a decision relative to a public hearing. Commissioner Bensman withdrew her motion. Commissioner Puzak stated that the Task Force was given a problem, and addressed it in several ways: changes in the Snowmobile Ordinance; curfew; patrol; and money. Evaluation this season should focus on how enforcement of the changes impacted snowmobile activity; and if they did not reduce/diminish the problem, then it would be appropriate to recommend a different approach. Commissioner Puzak said that one issue the Park Commission could address is signage. Current speed limit signs are too lengthy to be read from a snowmobile traveling 20 m.p.h. Commissioner Puzak said that a snowmobiler entering Shorewood from the lake may assume the speed limit is 50 m.p.h. Commissioner Arnst inquired if Hennepin County regulated the size of signs on the trail. Administrator Hurm said that the City would request Hennepin County to work with us on signage; however they do not oversee any activity on the trail during the winter months. If the City removed the snowmobile speed limit signs at the end of each season, Administrator Hurm did not foresee any problems with the county. Commissioner puzak moved, Dallman seconded, to recommend to Council that the speed limit signs be enlarged to be clearly legible from a snowmobile traveling at 20 m.p.h.; with at least 3" high lettering. Motion carried unanimously. Eric Jacobson, 6055 Riviera Lane, president of South Tonka Snowmobilers, noted that grant-in-aid funding for trail grooming is under DNR control. The DNR has standard signs that are to be used on trails supported by grant-in-aid funding. The speed limit signs found on streets and highways cannot be used on trails. Duane Laurila, 5595 Eureka Road, asked if the Park Commission is approving snowmobile usage on the trail because they are recommending enlarging the speed limit signs. Commissioner Puzak said that issue was not in the motion; they are only making a recommendation for signage. Commissioner Puzak moved, Bensman seconded, that the following reports received by the Park Commission be forwarded to the City Council for their consideration: Current SnoWmobile Ordinance; Memo dated 4/21197 Summary of South Lake Minnetonka Public Safety Department (SLMPSD); Memo dated 1/28/97 from Chief Young to Virginia Kolstad; Officer Keller's narrative of snowmobile activity during '96-'97 season; SLMPSD Activity Report '96-'97 Season spreadsheets; Database Comparison 1996 and 1997 (ARS) Summary and 1997 Snowmobile Complaint Log; MN DNR Report; '96-'97 Trail Walk Reports; 1996/1997 Snow Patrol Report; '96-'97 Snowfall Information; and Financial Report. Motion carried unanimously. 7. DETAIL OF MINUTES Chair Colopoulos opened discussion on the protocol for recording minutes of the Park Commission meetings. He thought the minutes should be a fair and accurate representation of what was said during the meeting; not a transcript. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, APRIL 29, 1997 page 4 Commissioner Bensman stated that if minutes are to be useful to the Park Commission as a recommending body, the minutes do not have to have the same accountability as minutes for a policy-making body. Minutes are to provide evidence that there was a discussion. Commissioner Arnst recalled when the Commission had to interpret a motion made at a previous meeting regarding the Request For Proposal (RFP) for the concession trailer at Freeman Park. The minutes were brief regarding this motion. Because the City Council is concerned with communication, and the fact that Park Commission minutes are now available on the Internet, she would prefer detailed minutes for reference purposes. Commissioner Puzak referred to Robert's Rules of Order stating that minutes are the official record of proceedings at meetings. Minutes should reflect the actions, motions, tab lings and proceedings of the meeting, and not as much of the conversation. He also stated that if the Park Commission finds an error or misrepresentation, then they will request the secretary to review and re-write as opposed to any Commissioner submitting an alternate section for their review. Commissioner Bensman suggested a synopsis of the meeting be presented on the web page in lieu of the actual minutes. Commissioner Puzak felt that information on the web page should be concise. Commissioner Wilson responded to Commissioner Arnst's concern about the minutes documenting the RFP motion because he was involved in that particular discussion. He noted that the Commissioners did refer to the minutes and found clarification of the issue. . 8. NEW BUSINESS Administrator Hurm reminded Commissioners that the two May meetings will begin at 6:00 P.M. for the park tours, followed by regular meetings beginning at 8:00 P.M. The Freeman Park picnic shelter and tennis courts will be discussed during the tour on May 13, and a public hearing for a Conditional Use Permit will be held on May 20 during the Planning Commission meeting. 9. ADJOURNMENT Commissioner Arnst moved, Bensman seconded, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 9:10 P.M. RESPECTFULLY SUBMITTED, . Wendy Anderson Park Secretary . . exhilxf A April 29, 1997 Memorandum To: From: RE: Park Commission James C. Hurm Clarification on the March 25, 1997 Park Commission Meeting Minutes At the last Park Commission meeting Commissioner Pat Arnst submitted a sheet of additional minutes for the March 25, 1997 meeting. In those minutes I was attributed as saying that it is the City's position that we do not have right-of-way problems on Smithtown Road. That clearly did not come across as I had intended. Therefore I feel further explanation is in order. Pat Arnst asked the question: "I think there is a lot of valuable information here, but there is one question that keeps coming up in my mind and that is: What are our right-of-way problems on Smithtown Road? Do you know the answer to that? I think if we have seven or eight pieces of property that we have a definite problem with, how much time do we want to spend until we have resolved what our problems are in that areaT That question deserves a much more thorough and thoughtful response: There are clearly a whole range of issues to be addressed regarding an off-street trail on Smithtown Road. Potential right-of-way conflicts is one of a number of potential problems: . There are strong feelings against an off-street trail by properties along the route. . The City's policy generally has been to incorporate trail construction with the reconstruction of a street. Smithtown Road is no longer scheduled for reconstruction. . Funding mechanism - because Smithtown Road is not scheduled for reconstruction, State MSA funds cannot be used. This then would affect the fund balance in the City's trail fund, thereby affecting other potential trail projects. . There have been lengthy petitions both for and against an off-street trail. A trail would need to be designed around existing trees, boulders, bushes, and mailboxes. . There are significant drainage concerns that a trail design would need to take into consideration. . Some homes are very close to Smithtown Road, raising privacy concerns and causing a shift of the trail. . Some landowners may now claim ownership to what had been State right-of-way over many decades. At some point when we know how much right-of-way will be needed, we will need to identify and talk with those who feel they own and should receive compensation for that right-of- way. It is good to have a committee of the Park Commission work with staff to devise a schedule for reviewing the Smithtown trail question. I am not convinced that right-of-way questions are any more pressing than any of the other questions and challenges before the Commission. CITY OF SHOREWOOD PLANNING COMMISSION MEETING - TUESDAY, APRIL 15, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Vice Chair Turgeon called the meeting to order at 7 :03 p.m. ROLL CALL Absent: Vice Chair Turgeon; Commissioners Borkon (arrived at 9:25 p.m.), Champa, Foust, Kolstad, Lizee; Councilmember Garfunkel; Planning Director Nielsen; City Attorney Dan Greenswig Chair Pisula; Council Liaison O'Neill Present: . APPRO V AL OF MINUTES Lizee moved, Kolstad seconded approving the April 1, 1997, Planning Commission Meeting Minutes as amended on Page 3, Paragraph 6, Sentence 3, change "would" to "would not"; Page 4, Paragraph 9, change "do" to "does"; Page 7, Reports, change Paragraph 1 to read, "Commissioner Turgeon commented on the March 24, 1997 City Council Meeting and Chief Young's presentation during Matters from the Floor. She felt staff should not present information as Matters from the Floor, but should be placed on the agenda so the presentation can be noticed." Motion passed 4/0. (Commissioner Foust abstained.) 1. ZONING ORDINANCE DISCUSSION - ACCESSORY BUILDINGS (GREENHOUSES) . Vice Chair Turgeon was in contact with the Department of Agriculture relative to their requirements as they relate to greenhouse structures. Mark Zabel, Department of Agriculture, was in attendance. Jay and Dory Venero were present along with their son, Mafk-Mike. Vice Chair Turgeon raised a concern of where the fertilizers and pesticides go when the plants are watered. She explained a water recycling system which would recycle and contain the water. Mr. Zabel explained the Department regulates pesticides and fertilizers but not the water itself. There would be no enforcement implemented unless it became apparent there was a direct threat to a water resource. He stated he would recommend the water recycling approach which Vice Chair Turgeon described. Mr. Zabel explained the Department does regulate the bulk storage of pesticides and fertilizers. The volume for pesticides would be anything over 55 gallons. He further explained there are specific cut off points for bulk storage of pesticides and fertilizers. In cases where bulk storage becomes a factor, primary and secondary containment becomes necessary. Primary containment would relate to packaging and secondary containment would relate to diking or some means to protect against a general release so that the substance could be recovered if it were to leak into a dike. Planning Director Nielsen inquired of the Venero' s the type of pesticide they would envision using in their operation. Mike Venero stated it would be minimal. Vice Chair Turgeon noted this issue was raised due to the Venero's' high water table. Mr. Venero stated the golf course has the same - f' PLANNING COMMISSION MEETING APRIL 15, 1997 - PAGE 2 high water table and in his opinion they are using several hundred pounds of chemicals on the greens, including fertilizers. Vice Chair Turgeon reminded this amendment to the ordinance is not specific to the Venero's, but will address any future proposals which are presented. Mr. Zabel stated occasionally the Department will inspect greenhouses for back flow prevention as well as for chemicals and insecticides in the hose sprinkling system would require a permit. However, an inspection of a lower scale operation such as the Venero's are requesting would be complaint driven. In the case of restricted use pesticides, there is a state requirement the person performing the application obtain a commercial restricted use pesticide application license. Nielsen asked Mr. Zabel about the setback which would be required from private wells. Mr. Zabel explained that to be a Department of Health requirement. The Department of Agriculture would be concerned with the bulk storage requirement. Mr. Venero stated it would not be his intent to use the well, but rather the ground water. Commissioner Champa pointed out the fertilizer is applied to the plants and not directly into the ground other than spillage. He felt this to be a rather insignificant issue. Commissioner Lizee felt this to be a more significant issue and noted many cities are requiring water recirculation system to ensure the water is not going back into the ground. She stated the Commission must look at the big picture rather than simply the request at hand. Vice Chair Turgeon noted her agreement. Commissioner Kolstad inquired whether the ordinance amendment needs to be made specific to greenhouses. She noted anyone having a problem with their lot, whether lot size or house size, is inconsistent with the zoning requirements. The Commission could then have some flexibility in working within the ordinance regardless of the use which is proposed. She suggested looking at the broader issue of accessory buildings. Commissioner Kolstad stated she would not be in agreement with making an exception for greenhouses. She suggested in those situations where the lot or primary building is inconsistent . with the district zoning requirement, the Commission could be given flexibility to allow accessory space up to two-thirds of the maximum of either the lot size or the house size. . Mr. Zabel commented the discussion sounds more like a garden with a cover on it. Commissioner Champa agreed and stated there are larger gardens within the city than the greenhouse being proposed. He noted his agreement with Commissioner Kolstad. Commissioner Kolstad felt greenhouses should probably have their own set of regulations due to the nature of the vegetation and the length of time a greenhouse is in use as opposed to a garden. Nielsen stated a home occupation would require a Conditional Use Permit and the conditions could be worked into that permit. Vice Chair Turgeon suggested an Interim Use Permit. Nielsen stated he would look into this. He did not feel there was a difference between the Interim Use Permit and the Conditional Use Permit. Commissioner Kolstad stated the be Refit would be that the Interim Use Permit would giYe the City some control in that the property could be inspected to ensure the use had Rot changed felt the benefit of an Interim Use Permit is that there is a time limit on it.. Nielsen explained if the conditions of the Conditional Use Permit are violated the permit can be revoked. PLANNING COMMISSION MEETING APRIL 15, 1997 - PAGE 3 Attorney Greenswig noted there is also the option of licensing home occupations. This gives the City the opportunity to review on a regular basis whether the conditions set by the City are being met. The City would also have the opportunity to change those conditions upon the conditional grant of the license. Commissioner Champa remarked if greenhouses can be handled with a Conditional Use Permit, each application could be considered separately. He stated he would like to pursue the suggestion of Commissioner Kolstad. Commissioner Foust was in agreement with Commissioner Kolstad. Commissioner Lizee would like to pursue that suggestion as well, but would also like to pursue specific regulations for greenhouses. Nielsen suggested working on the concept presented by Commissioner Kolstad and bringing it back to the Commission for their consideration. He further suggested addressing the issues and concerns associated with greenhouses. Those concerns could be incorporated into this particular Conditional Use Permit to be used as a model for future requests or those concerns could be included in this particular Conditional Use Permit and then incorporated into the ordinance at a future date. . Attorney Greenswig pointed out there are some provisions in state law which restrict the ability of cities to regulate the use of pesticides. Commissioner Champa asked whether or not spill stations are a requirement for the mixing of pesticides. Mr. Zabel stated that would depend on the size of the operation, but it would not be required for an operation the size Mr. Venero is requesting. With respect to drainage, Mr. Venero proposed an earth floor with surface crushed rock. He commented the amount of fertilizer he intends to use in this operation would be similar to that used on a lawn. . Mike Venero stated he would fertilize according to the light. In higher light concentrations, more fertilizer would be required. Low light conditions would result in less fertilizer. Commissioner Foust inquired whether any glass vents would be used in the building. Mike Venero noted it to be a requirement in this state to use tempered glass. He provided samples for the Commission to view. In response to lighting concerns, Mike Venero stated there are energy curtains which can be used throughout the year. He further stated he does not anticipate high intensity lighting. Mr. Venero stated he probably will not light the greenhouse at all. Vice Chair Turgeon suggested limiting the lighting from 9:00 a.m. to 6:00 p.m. there be no lighting between the hours of 9:00 p.m.. and 6:00 a.m. Commissioner Turgeon inquired as to the heating which will be used. The Venero's stated it would be natural or LP gas, but would not be wood burning. Commissioner Champa noted there is nothing in the ordinance to prevent a wood burning stove in a home. He felt this should be addressed at some point as well. Nielsen stated he will prepare a draft of an ordinance amendment which will be presented at the May 6, 1997 meeting. Mike Venero suggested relating the square footage of accessory space to the remaining square footage of the property less the foot print of the house. PLANNING COMMISSION MEETING APRIL 15, 1997 - PAGE 4 Vice Chair Turgeon felt it would be difficult to arrive at an average within a zoning district versus a neighborhood. Commissioner Kolstad felt Mr. Venero's suggestion te- could be a solution to the problem. Vice Chair Turgeon asked Nielsen to provide the pros and cons for each scenario along with an analysis of each. Vice Chair Turgeon recessed the meeting at 8:33 p.m. and reconvened at 8:40 p.m. 2. DISCUSS ADULT USE ORDINANCE City Attorney Greenswig addressed thisissue. Nielsen presented a draft ordinance for review. Commissioner Foust asked if there could be a joint powers cooperation in this regard or is it possible Shorewood is too small or too residential to allow this type of use. Commissioner Kolstad also inquired whether Shorewood would be considered too residential for this type of use. Attorney Greenswig felt it would be unlikely the other cities would want to accommodate this sort of request for Shorewood. He explained at this point, the Council will need . to approve or disapprove any request which would come forward, and it would be that decision which could give rise to a lawsuit. Vice Chair Turgeon felt the spaces available would be somewhat limited. Attorney Greenswig pointed out if the shopping center were the only land which is reasonably feasible and accessible, whether or not the applicant could get the landlord to lease, would be between the applicant and the landlord and would not be a concern of the City. Attorney Greenswig noted the proximity to churches, daycares and liquor stores would be considerations in reviewing possible locations. Commissioner Kolstad questioned Section 309.02, Subd. 1, and the definition of an adult establishment. Attorney Greenswig noted this would include bars. Nielsen stated the ordinance would allow a video store to have a back room type area which would allow for a certain percentage of adult materials. Commissioner Kolstad questioned Section 309.03 and the reference to an establishment not being located within a certain number of feet of an agricultural preserve. Attorney Greenswig stated agricultural land is often thought of as residential as well as a place were children would visit on field trips. . Nielsen inquired whether a daycare or church would be disallowed from locating within the same distance to an adult establishment. Attorney Greenswig felt this would create a nonconforming use and the zoning map would then require an amendment which would allow for another location for the adult establishment to relocate. Commissioner Champa asked if a specific area could be designated for adult use establishments and requested that information be specified in the ordinance. Nielsen stated this could be somewhat regulated by radiuses from various types of uses, but it would not be favorable to specify one particular area. Commissioner Kolstad questioned the type of investigation the Chief of Police would be conducting as referenced in Section 309.06, Subd. 4. Attorney Greenswig stated he would be looking to see there are no prior convictions and that the applicant meets the requirements for a license. . . PLANNING COMMISSION MEETING APRIL 15, 1997 . PAGE 5 Commissioner Lizee suggested questioned the area zoned C-2, on the corner of Eureka and Smithtown as a possible location. Nielsen stated the Comprehensive Plan speaks to down zoning the area residential. In addition, he felt these uses would be limited to the C-3 zoning areas. Nielsen noted this matter will come back to the next study session for further review. 3. REVIEW PLANNING COMMISSION PRIORITIES CHECKLIST Nielsen stated the Council is reviewing the Comprehensive Plan and the Capital Improvement Plan at this time. Some changes will be made to the Comprehensive Plan. He noted the changes to the Natural Resources section of the plan were minimal. He felt the biggest concern at this time would be for the Planning Commission to revisit the setback and buffer requirements for wetlands. (Commissioner Borkon arrived at 9:25 p.m.) Nielsen stated anything which amends the Comprehensive Plan will require a public hearing. In addition, a more significant issue such as the municipal water system will require a public hearing. Nielsen pointed out the Comprehensive Plan and zoning must be made consistent and this will be a priority item. Commissioner Champa inquired what the deadline would be for completion of the Capital Improvement Plan. Nielsen stated the Capital Improvement Plan leads to the budget, however, the deadlines are self imposed. He noted budget discussions generally begin in June. Vice Chair Turgeon suggested identifying the issues which can be dealt with during the time the Council is working on the Comprehensive Plan. Nielsen anticipated by the end of June the Planning Commission will have direction from the Council relative to the Comprehensive Plan. Nielsen distributed the Planning Commission Priority Checklist and reviewed the tasks and projects remaining to be addressed. Vice Chair Turgeon listed six items which the Commission can begin to address since they are separate from the Comprehensive Plan -subdivision ordinance, LR District regulations, lake access, refuse hauling, steep slopes and grading ordinances. Vice Chair Turgeon suggested the issues of steep slopes and grading be first considered. This section would then be completed. 4. MATTERS FROM THE FLOOR - None 5. REPORTS Commissioner Kolstad. Discussion of New Urbanism 1997 Commissioner Kolstad reported on her attendance at the New Urbanism 1997 seminar which was presented by Town Planning Collaborative and provided a handout to the Commission relative to a traditional neighborhood design. In addition, she provided photos depicting this concept. She stated the theory would be to develop neighborhoods as opposed to developments and to be more of a traditional neighborhood rather than a transportation oriented development. . Commissioner Borkon questioned whether some diversity is being given up given the fact the units are very similar. Commissioner Kolstad stated this happens due to the high density which is recommended. Vice Chair Turgeon felt this would be a good idea for senior step-down housing. .: PLANNING COMMISSION MEETING APRIL 15, 1997 - PAGE 6 Commissioner Kolstad felt this would be a good solution for an affordable housing type community which could include residential with some commercial to provide convenience. Vice Chair Turgeon reported on the City Council work session on April 7, 1997, at which time the Council addressed the issue of the Capital Improvement Plan. A letter was distributed from Chair Pisula relative to this meeting with the Council. Commissioner Turgeon expressed concern that people who want water will not be able to get it. She felt they are being denied an opportunity that other people are being afforded. Councilmember Garfunkel stated his opinion is water is not a right of a citizen of Shore wood, but rather a service. Commissioner Kolstad noted there had been five people on the Council who had decided the citizens wanted municipal water and there are now five people on the Council who have decided the citizens do not want municipal water. She stated she would really like to know what the residents of Shorewood want. Commissioner Borkon suggested another surveyor referendum to ascertain the wishes of the community. Commissioner Lizee felt another survey would be appropriate. Councilmember Garfunkel did not feel the results would be different from the study which was completed in 1991. . Commissioner Lizee commented the legacy needs to be considered and the City needs to be responsible for the future and consider what will happen in the future in the reality of economics. Commissioner Borkon felt because there is controversy on this issue and it is not known one way or the other how the residents feel on this issue, a surveyor referendum should be pursued. She stated she does have a concern relative to fmances and the legacy that is being left for the future. Commissioner Champa felt another issue to be addressed should be fire protection which is available for the residents by way of fire hydrants and felt this could be a source of revenue. Nielsen stated that a fire hydrant charge had been considered. Commissioner Champa also felt the Council should get public input on whether or not the residents of Shorewood want municipal water. Councilmember Garfunkel stated this will be explored to see where people stand on this issue. A communication strategy relative to planning and zoning was distributed regarding the Venero's' . greenhouse request. Nielsen requested the Commission review the form and advise him of any additions they would like to see in the form. The Commission approved of the form as presented. 6. ADJOURNMENT Lizee moved, Foust seconded to adjourn the meeting at 11:30 p.m. Motion passed 6/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeouts for deletions. . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR MICHAEL AND MICHELLE GREER WHEREAS, Michael A. and Michelle L. Greer (Applicants) have an interest in certain real property in the City of Shorewood, legally described as: "Lot 179, Auditor's Subdivision Number 135, Hennepin County, Minnesota"; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into two parcels legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements legally described in Exhibits B, attached hereto and made a part hereof; and WHEREAS, the Applicants and all other parties holding an interest in said real property have agreed to record a wetland conservation restriction contained in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the real property legally described herein be divided into two parcels, legally described in Exhibit A. 2. That the City Clerk furnish the Applicants with a certified copy of this resolution for recording purposes. 3 . That the Applicants record this resolution, together with the drainage and utility easements legally described in Exhibit B, and the conservation restriction contained in Exhibit C with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of May 1997. Tom Dahlberg, Mayor ATTEST: .. James C. Hurm, City Administrator/Clerk B,A~ Le2al Descriptions: PARCEL A "That part of Lot 179, Auditor's Subdivision No. 135, Hennepin County, Minnesota, which lies northeasterly of the southwesterly 200.00 feet of said Lot 179." PARCELB . "The southwesterly 200.00 feet of Lot 179, Auditor's Subdivision No. 135, Hennepin County, Minnesota." . Exhibit A . . -' Fonn No. 28.M - QUIT ClAIM DEEI) Minnesota Unirorm Conveyancing Blanks (1918) Miller.Dovis CIl., SI. I'oul IUllivi(hutl(s) 10 COfporation Of rnr1nership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: --SL65_ Date: April_.j9.91 (reserved ror recording dolo) FOR VALUABLE CONSlDERA TI0N. MichaeLA~GreeLand Michelle L._Greer, husband and.wife -----.----- .n __. ___.__....._. .... .. __ _....__._.__.._____._._.____.__., Grantor(s), C...;uilnJ ~lRt..s) hereby convey(s) and quitclaims to City_olShorewood___.__mn..._ ____.__ , Grantee, Minnesota_________ County. Minnesota, described as follows: a munidpaLcorporation real property in under the laws of ____ Hennepin A permanent easement for drainage and utility purposes. over. under and across the most northerly, westerly and southerly 10 feet of the following described property: That part of Lot 179. Auditor's Subdivision 135, Hennepin County, Minnesota, commencing at the most Northeasterly corner therof, which point shall be the point of beginning of the land to be herein described; thence Southwesterly along the most Easterly line of said Lot a distance of 178.11 feet; thence westerly along a line to a point on the most Westerly line of said Lot lying 121.65 feet Southwesterly of the most Northwesterly corner thereof; thence Northeasterly along the most Westerly line of said Lot a distance of 121.65 feet to the most Northwesterly corner thereof; thence Easterly along the most Northerly line of said Lot to the most Northeasterly corner thereof, the point of beginning, and there terminating. (ir ",ore SplICe is needed. conlinue on bock) together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here Michael A.Greer STATE OF MINNESOTA COUNTY OF Michelle L. Greer }~ The foregoing instrument was acknowledged before me this______ day of by MichaeLA._Greer..and..Michelle..L-Dreer,Jlusband-and-wife, April , 19..97_ , Grantor(s). NOTARIAI.STAatr OR SFAL(OROTI1F.R Tm.F. OR RAI'IK)t SIGNA TURI! OF PERSON T AKINO ACKNOWI.I!DGMENf TaJi Slalements for the real property described in this instrument should be sent to (include ..ollie A"d address or Oronlee): TillS lNSTRUl'tF.NT WAS DRAFTED BY (NAME. ArtD ADDRESS): City of Shorewood 5755 County Club Road Shorewood, MN 55331 Bradley W. Solheim Melchert, Hubert, Sjodin & Willemssen, 121 West Main Street Suite 200 Waconia, MN 55387 612-442-5155 Exhibit B-1 CONSENT OF MORTGAGE . Victoria State Bank, a corporation organized and existing under the laws of the State of Minnesota, is the holder of a certain mortgage, dated , and recorded , as Document No. , Office of the County Recorder, Hennepin County, Minnesota, running in its favor from Michael A. Greer and Michelle L. Greer, husband and wife, as joint tenants, against the easement track described in the attached Quit Claim Deed. The mortgagee hereby consents to and subordinates its interest in said property to the foregoing grant of easement, dated the. day of , 1997, by and between Michael A. Greer and Michelle L. Greer, husband and wife, and the City of Shorewood, a Minnesota municipal corporation. Dated this _ day of ,1997 Victoria State Bank " By: Its Exhibit B-2 . . STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of , 1997, by of Victoria State Bank, a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY: MELCHERT, HUBERT, SJODIN & WILLEMSSEN, P.L.L.P 121 West Main Street, Suite 200 Waconia, Minnesota 55387 (612) 442-5155 (bws:dmv) CONSERV A nON RESTRICTION THIS AGREEMENT, made and entered into this day of 1997, between Michael A. Greer and Michelle 1. Greer, husband and wife ("Owners") and the CITY OF SHOREWOOD ("Shorewood"), a municipal corporation and statutory city under the laws of the State of Minnesota. WITNESSETH: Owners, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, 'sell and convey to Shorewood" its successors and assigns, forever, a Conservation Restriction in accordance with Minnesota Statutes ~84.64,' for the purposes hereinafter specified, over, on and across that tract or parcel of land lying and being in the City of Shorewood, County of Hennepin and State of Minnesota, described in Exhibit A attached (conservation area), TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging, or otherwise appertaining. . . , Exhibit C Owners, for themselves and their heirs, representatives, successors, and ; assigns, covenant with and represent to Shorewood,. its successors and assigns, that Owners are well seized in fee of the conservation area and have good right to convey pursuant hereto the interests hereby conveyed and that the easement area is free from all encumbrances, except real estate taxes and installments of special assessments payable therewith. Owners further covenant and agree that they will warrant and defend the conservation area in the quiet and peaceful possession of Shorewood, its . successors and assigns, for the purpose herein granted, subject to the encumbrances set forth above. The parties agree that the statutory purpose for this Conservation Restriction is to restrict the conservation area for purposes of retaining it, or the water areas therein, predominantly in their natural, scenic, open or wooded condition, or as a suitable habitat for fish and wildlife. To affect that purpose, Owners, for their heirs, representatives, successors and assigns, do hereby covenant and agree: . 1. That they will neither construct or place buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the groun4in the conservation area. 2. Dump or place soil or other substance or material as landfill, including trash, waste or unsightly or offensive materials in the conservation area. 3. Remove or destroy trees, shrubs or other vegetation contained in the conservation area. 4. Excavate, dredge or remove loam, peat; gravel, soil, rock or other material or substance in such a manner as to affect the surface of the conservation area. 5. Use or permit the use of the land, or water area contained therein, in such a way as to allow it to remain predominantly in its natural condition. 2 6. Conduct activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation and fish and wildlife habitat preservation in the conservation area. 7. Conduct other acts or uses detrimental to the retention of the land and the water area of the conservation area 8. Shall not grant to Shorewood the right to use or improve or permit the public to use or improve the conservation area as a park or for other public purposes. 9. This grant shall in no way prevent the owners or their invitees from the use of the conservation area in a manner not contrary to those restrictions specified above. 10. The rights and remedies accorded the parties hereto are as set forth in Minnesota Statutes 984.65. . 11. This grant shall run with the land and shall be binding on all present and future owners of the conservation area. 12. If any provision of this Conservation Restriction is held to be invalid or unenforceable, all other provisions shall, in all respects, remain in full force and effect and be valid and enforceable. IN WITNESS WHEREOF, Owners have caused these presents to be executed this day and year first above written. . Michael A. Greer Michelle L. Greer Ato. ~ ~ .) EXHIBIT A That part of Lot 179, AUDITOR'S SUBDMSION NO. 135, Hennepin County, Minnesota, described as follows: Commencing at the northeasterly comer of said lot; thence South 21 degrees 19 minutes 45 seconds West, assumed bearing, along the easterly line of said lot, 22.00 feet to the point of beginning; thence westerly and southwesterly 27.65 feet along a curve, concave to the south, having a radius of 48.00 feet, a central angle of 33 degrees and a radius point on the easterly line of said lot distance 70.00 feet southwesterly of the northeasterly comer of said lot; thence southwesterly 98.23 feet, along a compound curve concave to the southeast, having a radius of 84.00 feet and a central angle of 67 degrees; thence southerly and southeasterly, 39.74 feet along a compound curve, concave to the northeast, having a radius of 33.00 feet and a central angle of 69 degrees; thence easterly, along a compound curve, concave to the north, having a radius of 50.00 feet, a central angle of 44 degrees 11 minutes 42 seconds, a distance of38.57 feet to the easterly line of said lot; thence North 21 degrees 19 minutes 45 seconds East along said easterly line, 112.2 feet to the point of beginning. . . ~. MAYOR Tom Dahlberg COUNCIL Kristi Slover Jennifer McCarty Jerry O'Neill John Garfunkel CITY OF SHOREWOOD 5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood · cityhall@shorewood.state.net :MEMORANDUM . TO: FROM: DATE: RE: Planning Commission, Mayor and City Council Brad Nielsen 25 March 1997 (Revised 4 April 1997) Venero, Jay and Dory - C.U.P for Accessory Space in Excess of 1200 Square Feet/Variance to Exceed Floor Area of Principal Structure/C.U.P. for Special Home Occupation Permit/C.U.P. for Special Purpose Fence Fll..E NO.: 405 (97.05) BACKGROUND . Jay and Dory Venero own the property at 5985 Seamans Drive (see Site Location map - Exhibit A, attached). For thepast several years they have operated a small gardening business under a limited home occupation permit The Veneros now wish to construct a combination garden shed and greenhouse at the rear of the property (see Exhibit B), the area of which, when combined with an existing garage, exceeds 1200 square feet. They have requested a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. Since the total amount of accessory space also exceeds the floor area of the principal structure on the property, they have requested a variance to the size limitations imposed by the Code. An additional conditional use permit is required because the applicants' current home occupation will now be conducted within an accessory building. Finally, the applicants propose an eight-foot high fence to enclose their garden area to protect it from deer. This also requires a conditional use permit. The subject property is zoned R-IA, Single-Family Residential and contains 82,522 square feet of area (1.89 acres). The site is currently occupied by the applicants' home and an existing garage. Single-family homes border the property on the north and south and across Seamans Drive to the west. The Minnetonka Country Club lies to the east of the property. The existing home contains approximately 1862 square feet of area between two stories. The existing garage contains 1210 square feet of area. The proposed garden shed/greenhouse contains 1500 square feet of floor area. Exhibit C shows an outline of the proposed building. The applicants describe the construction of the proposed building as follows: ,4:.-- . One half of the new building will be garden shed, one story, 2x6 frame construction with an asphalt shingle roof, horizontal lap siding and a single 9'x7' overhead door on the west end A Residential Community on Lake Minnetonka's South Shore' ~.'B. i . Venero, Jay and Dory C. U.P.' s and Variances 25 March 1997 . The greenhouse half of the building will be approximately 1-2 feet shorter than the shed, aluminum frame with honeycomb Lexan panels The applicants have submitted a written description of their request (Exhibit D) which also contains comments from their neighbors. ISSUES AND ANALYSIS The applicants' request involves several sections of the Shorewood Zoning Code including conditional use permit procedures, variance procedures, accessory buildings and home occupation requirements. Following is how the applicants' proposal compares to the Code: A. . . B. Conditional Use Permit - Accessory Space Over 1200 Square Feet. Section 1201.03 Subd. 2.d.(4) sets forth four criteria for this type of C.U.P. 1. The total amount of proposed accessory space on the property (2710 square feet) exceeds the floor area above grade of the existing home (1862 square feet). For this the applicants' have requested a 848 square foot variance. The variance will be discussed in detail further on in this report. Without a variance the applicants could build an additional 652 square feet of accessory space. . 2. The total amount of accessory space does not exceed 10 percent of the minimum lot size for the R-IA zoning district (.10 x 40,000 sq. ft. = 4000 sq. ft.). 3. The proposed building will be located 50 feet from the rear property line, 60 feet from the north property line, and 145 feet from the south property line. This complies with R-IA setback requirements. The building is 13.5 feet in height. Due to the relatively flat nature of the property, site grading and alteration necessary to accommodate the structure are considered to be minimal. 4. The shed portion of the building will be similar in materials and architectural character to the existing home and garage. The greenhouse will be most visible from the golf course. Conditional Use Permit - Special Home Occupation Permit. Shorewood's Zoning Code contains provisions for allowing residents to conduct businesses on residential property. The Veneros currently operate under a "limited home occupation permit". Since the business will now be extended to an accessory building, a conditional use permit for a "special home occupation permit" is required. Section 1201.03 Subd. 12 contains the requirements for home occupation permits. In evaluating this request the Planning Commission and Council should review this section of the Code in its entirety. Following are provisions which deserve particular attention: d.(I) General Provisions "(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses." 2 Venero, Jay and Dory C.U.P.'s and Variances 25 March 1997 . C. D. . "(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fIre and police recommendations." d.(3) Requirements - Special Home Occupation "(b) Special home occupations may be conducted within an accessory building." It should be noted that under their current limited home occupation permit, only people residing on the premises may work there, clientele are limited to one at a time and over-the- counter sales of merchandise is restricted. A special home occupation permit may have one employee who does not live there, may carry stock-in-trade incidental to the business, and may serve more than one client at a time. It should also be realized that the City can impose additional conditions on the permit to address special concerns which may be identifIed. Conditional Use Permit - Special Purpose Fence. Section 1201.03 Subd. f.(ll) states "Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by issuance of a conditional use permit." Ordinarily fences in residential districts are limited to six feet in height. The applicants propose an eight foot high lattice fencewith approximately three foot horizontal cross members in order to keep deer from damaging their garden. The example shown in the photograph submitted by the applicants is heavily landscaped. The landscaping proposed in their written request consists primarily of deciduous plants and vines. If the fence is to be approved, it is recommended that the applicants be required to submit a detailed landscape plan including some coniferous shrubs to soften the mass of the fence during the leaf-off seasons. Variance - Accessory Space in Excess of Principal Structure Floor Area. As mentioned earlier in this report the applicants can build approximately 652 square feet (roughly 24' x 27') of additional accessory space in conformance with the Code. Combined with their existing garage, this equates to a six-car garage. They have requested a variance of 848 square feet in order to build the shed and greenhouse. Criteria for the consideration of variances is contained in Section 1201.05 Subd. 2. of the City Code. Subd. 2.b. sets forth specific criteria, all of which must be satisfIed in order to grant a variance. Following is how the applicants request complies with the Code: 1. There are no special circumstances (e.g. soils, water or topographic conditions) which are peculiar to the applicants' property. The lot is relatively level and contains no wetlands. As stated by the applicants, their problem arises from the size of the house, which could be made larger if they so choose. 2. The provisions of the Code do not deprive the applicants from rights commonly enjoyed by properties in the R-1A zoning district. They are allowed under the Code to have the same amount of accessory area as the floor area of the principal structure above grade. While this may be less than a property with a larger house on it, it is more than a property with a smaller house on it. 3. The need for the additional accessory space stems largely from the applicants' business needs. The 652 square feet which is allowed under the Code would easily . accommodate two vehicles. 3 . .' Venero,Jay and Dory C. U.P.' s and Variances 25 March 1997 4. Granting the additional space would confer a special privilege on the applicants which is not available to other properties in the same district. The applicants cite other similar buildings but are not specifIc as to which ones they are. Presumably, these other structures existed before the current codes and are "grandfathered in". Large accessory buildings are not characteristic of the neighborhood in which the applicants live. 5. The applicants' request suggests that extra accessory space is necessary to make reasonable use of their larger lot. However, besides a single-family residence and space equivalent to a six-car garage, they are allowed to conduct their gardening business on the property. This is viewed as being a reasonable use of residential property . RECOMMENDATION Although the three conditional use permits involved in this application are easily resolved, the applicants' request hinges on their ability to obtain a substantial variance to the Code. Simply put, the variance does not meet the criteria for granting an exception to the existing rules. This was suggested to the applicants in a pre-application conference with staff. It was also suggested that the types of arguments they make in support of their plans would be more appropriate in a discussion of amending the existing regulations. Nevertheless they chose to apply for a variance rather than an amendment. It is important to know that the current regulations for accessory buildings are the result of considerable study from the early 80' s. After years of discussion, it was determined that Shorewood was a residential community, and that accessory structures should not be the dominant feature on a lot. The rules establish a residential proportion between accessory buildings and the size of property. With some minor amendment after the initial adoption of the rules, they have been very effective in allowing residents adequate accessory space while preserving a residential scale. While the variance can not be supported, there appears to be some neighborhood support for some type of change in the rules. There may, for example, be some merit in considering a zoning text amendment which might create some exception for greenhouses. . If the Planning Commission agrees, the applicants should be directed to make such an application. If such an amendment is to be considered it is suggested that the applicants scale down the shed portion of their building to the amount they would be all.owed under the current Code (approximately 652 square feet). If greenhouses are to be exempted in any fashion, considerations should be given to lot size, architectural design and building materials and landscaping. cc: Jim Hurm John Dean Jay and Dory Venero 4 I I , y' 0 ~ I . 7 . ( 20) "'I~ I 8, . . I 2'~ I I I ,'" I ,i . I :8 I 611 I . I ( 3:3) I 0 I I I I I , I I I , , om::,:"!- 70 ~.' I .!.' _ _ -=--- 0 .:. ':i 71 (3) \ ~ NORTH 1" 200. - - 4"+ u,,('~ Sub" Ject Property or> 8'~ - .... 0> (21) ~ +-.- ---------- ~ ------ ~ 72 --------- - ':" ! . j ~ @": ; 'fl,\.~\~w.; t1-~ (;;, I 4'cf"~ ~.;-.... on on .~ "'ri . ..,-~..... ~ - (26) v~... ~ J51.18 ... PART OF LOT t t1) 26 '\~ lit ! .... ~ ... ... i --:izo-r1 ~ . I I I . I . I . , I . I . I . . I I I ~ 2\0 .--_.-.--_.-----~~ ~~i\.~o \.~~~~~~S) ( 16) :;;: , I I . I , . ... - ! . J ... ... ~ 2. ROOS . , I I I I j...39..... ~ Z5 ~I ': ,I .(17) 'i ~ 1 ..-J3-0J' .... ( IT" O-ZO">>' ... 15) "l:. rs-J62.l ~ Ls-lOO .... ... 8: I ~ ~b lr-JZl:3J ... "'..:, I .. f ,. " .e ..~. , ~_ _ ~t'~ .-'.t...a I ' ~ . ~ . ~ 7' I \ S ..... . ...... .,,,,, " " ........ .', ,. _-----------"---,"---C"- --=......' ! ".. · ,,' .. . ...-:z-----,----"'-'-- :51 -' I . ".., 31. e'1 ( 10) .. '" ------- - . ~ ..... ZIt) , , . in '! .- :z ~ - 7.15.. zz ~OOS 62 <. ..... .'. P.s \ 5 (24) 1'1 OF LOT 60 1 .. (23) _-::02.69 ~i\ 3' (ZZ)~ c:. -::o~2\ W\ ~ YI ( II) ",...._'l' ... !: 2 (Z I) .. \~ 9 ..;. ''iJ' ~U ,,;~ :;~ . ... ~ !...J ....J ~...... :x: on !: .... ... ... ~ ~ '$;; -- ~~ .. .. .. ~~.~ I ~ ~ (20) OC 0- f.!) ~ ...,..-f' f. ,\~,-,-CS . ~1 c.Je ~')1. ,''i'(..~ Exhibit A ./ X.- SITE LOCATION MAP I 1 I"'/~I fr f ! " kU\ i J i-- - -Me ? Y'O'(J\f>Jl '~::'Q~~J~ ~.~ 1 t.,."h'~ Iv-e~ [. ~olf >f c.o.>(~ ~ ~ NORTH //~3D" ~ , ~ t. (vloc.lL- r'~c...- ~(,dr.Lt", f' ] i t- I . .. ,I i ; · )<-.1. ?~~~ dlf{ d. J. . t'\ht~ I ~! ~ . i ~ " ~ - ;. + ~ I ; I' - Lti . ~ \ I ! . . o r- -- o -J L-.. o .1. /;,f .~Z:,/ \ 'rl-::.--' - 1-\ ! ~---~ /Jew'q, . (!A.,'{\'_h it\...'\ Plr) : l//fle.S J , . " 'J ~Si(\~ ~ "" . -~ j ~ -... .." i e;J ,.~ IV ,C: - -.J <u () c: 't (t ~ ) . . . ........ 1 I \0 I ::E ::J J{ ~ J( ~-f7fl/Y1 e ~ t-,lL{. . ~, -y----~,..r-~..... \:'.710.,i ).,r-- ~~ ,"'-- ExhibitB : ~ _ SITE PLAN .,' ":\\<%"< :Z: I ;". ." - ",<c''-'''''::' ~ 'y~", ~3.10 / '..~~.:-~~j~...~:'.. ." " . . at. ~ /w AJ~ P(0~ t!~/ a ><k ~ c~. }w/ --ru0--j'Y' -d.. :.,; ~y 7 ~l'~ kv-t, ~.~. /,,)/ ~ d<Y07- o<~~ ---~~ ~~~~ju---~r~ t ", 3''1 ~:7'"' .~ -7\' .0V J/e,(f ic..o I /Jol1/(d;. dAtte,4/ "':-"---~-'----"~:""-~""'- ._- .,.. , , 102 fj:~ 1"< I~:/, . <:7' ~ ~ G RI\d-e- C~u.eie - Exhibit C BUILDING ELEVATION . . f. H ~ cnpy. n_~ ."., MEMORANDUM TO: FROM: DATE: SUBJECT: Brad Nielsen Jay & Dory V enero March 7, 1997 Variance/Conditional Use In addition to the the items we submitted to you at our meeting on March 3, we have enclosed the additional items you have requested: . Additional information for Conditional Use (Page 2) Variance requirements (Page 3, 4) Legal description for the 14' along our east line (page 5) Building elevation (Page 6) Additional information on plan to include existing trees and size and existing garden area. . . . . The initial packet is also included - pages 7 through 21. We understand that getting this information to you today (Friday, March 7) will allow these materials to be presented in April. Enclosed are our checks for the fees for the Variance - $300.00 and for the Conditional Use $200.00. Please call us if you require additional materials. Note that we are including 5 sets. Exhibit D APPLICANT'S WRITTEN REOUEST 1201.04: ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. Subd. 2. Amendments - Initiation: The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Ordinance. Any person owning real estate within the City may initiate a request to amend the district boundaries or text ofthis Ordinance so as to affect his own real estate. Weare requesting now that amendments be made to change the text and district boundaries. The ordinance as it now stands is extremely biased. In fact, we also must request a variance because our home isn't large enough to meet the square footage requirement stipulated under this ordinance.. We moved to Shorewood in 1973. At that time these ordinances weren't in place. In the mid 80's we tore down 3 large buildings on our property. Ifwe had not removed them, we would have much more square footage than what we are requesting. The buildings removed were a chicken coop, large hay shed, and a large 2 stall garage with the typical addition to the back to accommodate the longer cars. . We are requesting that the Planning Commission and City Council motion to make changes to this ordinance. Subd. 3. Conditional 'Use Permit: a.Purpose: The purpose of a conditional use permit is to provide the City of Shorewood with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or future factors ad the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. . We don't know how many greenhouses or garden/storage buildings exist in Shorewood -- but we do know they exist. There is a greenhouse on Eureka Road within several blocks of our home, a greenhouse/poly house, large storage on Smithtown, a very large garage just next door to us -- and on and on. We all know of the discrepancies. The City's answer to this is that they were in place prior to the change in the City's ordinance. Have there been exceptions after the ordinance was in place? 1201.05: ADMINISTRATION, VARIANCES AND appeals: Subd.2. Conditions Governing Consideration of Variance Requests: Under current ordinance we are required to request a variance because the square footage of our home doesn't accommodate our request. In fact, if our home were only 10' wider, we wouldn't be required to request a variance. In that we have two acres of land, we will consider this an extreme hardship if our request is denied or modified. Indeed it would seem very odd, especially since we have removed farm type buildings -- with sizes that would far exceed the square footage that we are now requesting. It's been years since we've been able to store one of our vehicles in the garage. Our garage provides winter protection for one car. The balance of the garage stores our lawn tractor, sprayer, lawn vacuum, etc. We need to also have garage space for our other vehicle. The new shed will be used to store the lawn equipment, yard tools and supplies and provide a potting area and all around storage space. Reducing the size of the shed/greenhouse would not be practical. Again, we have two acres. If our house were only 10' wider, this variance wouldn't be neccessary. . Deer population. Shorewood's deer population is ever increasing.. The deer problem to us may be seen as the same for us as every home owner in Shorewood. But, it's much more to us and any serious gardener. We've had our complete vegetable garden wiped out, we've had specimen plants destroyed. Gardening is more to us than a "hobby" or a means of supplemental income, Gardening is our golf, our boat, our snowmobile, our camper, our summer fitness, our relaxation, our respite away from our fast paced work life, our peace and quiet. It is in fact our long range plan for our retirement years. One might say that - it's our life! Some years ago I came across this poem. In old green gardens hidden away From site of revel! and sound of strife -- Here may I live what life I please, Married and buried out of sight. . We hope you can appreciate what a big part our gardening plays in our lives. If you do, you can understand why we want to extend this summer activity into the winter by means of a greenhouse. While we are a good many years from retirement age, this project is really with our retirement in mind. While many dream of spending winters in Florida or Arizona, our plans ate for expanding and improving our gardens and plant materials, enjoying our love for orchids, and our desire to hybridize and bring rare and new plants to our area, and share them with our fellow gardeners.. Will this plan make improvements to our yard? Will it improve the view our neighbors have? We think it will: · We now have an electric fence around our vegetable garden -- which is onsitely and undesirable. This will be replaced with an attractive arbor. (Picture on page .) · The arbor will conceal a grape arbor which is not particularly good looking. · The arbor will conceal our compost heaps. · The arbor will conceal our cold frames. · The arbor will be planted with climbing and flowering perennials -- such as roses, clematis, wisteria, porcelain vine, hydrangea. · The shed will be styled with paned windows and flower boxes. It will have charm. · The greenhouse will not be a poly house. · Everything about the project will be done to have an end result that will look good and that our neighbors will be pleased with. . . c. Application for a variance shall set forth reasons that the variance is justified in 0 rider to make reasonable use of the land, structure or building, and that the variance is the minimum variance necessary. What is reasonable use of a 2 acre parcel? We have a modest house and we have a garage. We have many flower gardens and a large garden plot for vegetables and propagation of flowers. We try to grow enough vegestables to last us through the winter. What do we want? We want to build a shed to be used as a garden shed/greenhouse and enclose the vegetable plot with an arbor in place of the electric fence which will hide our compost heaps, etc. We need the storage space so we aren't forced to store our lawn vacuum, trailer, sprayer, etc., outside -- we need to keep our vehicle in the garage this coming winter season. We had 3 farm buildings which probably weren't too reasonable for a residential area. When we put the addition on our house in the mid 80's, the building inspector at that time said that if all building contractors built like our addition was being built, he would be out of a job. 'With the exception of the block work for the basement, the addition was built by us. Again, we want to emphasize that the project will be done well with the end result always in mind. Miscellaneous: We understand that the arbor we are proposing falls under the guidelines of a building in regards to the height allowance of 8'. The arbor will be used around our existing vegetable/flower garden and around three sides of the proposed garden shed/greenhouse. This will be a very pleasing architectural element to our landscape and allow us to remove the onsitely electric fence which we've been forced to use. The arbor plans are based on an article from the Garden Design magazine and we have included a color photograph in this packet. The arbor will have all the architectural details including the finials. One exception will be that the lattice will be more open. i;"'/':;'_/: ~ Owners Jay A. Venero and Doris A. Venero . . ) .- Description After Lot Splits Lot 70, except the North 2 acres thereof, Auditor's Subdivision Number 133, Hennepin County, Minnesota, also the South 13 feet of the North 2 acres of Lot 70, Auditor's Subdivision Number 133, Hennepin County, Minnesota. The South 276.01 feet of the most westerly 14 feet'of Lot 5G~ Auditor's Subdivision Number 133, Hennepin County, Minnesota, as measured along and at right angles to the most westerly line of said Lot 50. . - EXHIBIT I -.' ~~ _~,~>.I March 3, 1997 Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, Mn 55331 RE: Conditional Use Dear Brad: We are submitting the following materials as required for the Conditional Use Permit. . $200 Application Fee Conditional Use Application Survey of our property located at 5985 Seamans Drive Certified list of properties within 500' of 5985 Seamans Drive Mailing labels of above addresses Description of request Also enclosed - comments from eleven of our neighbors, pictures of some of our existing gardens . . . . . . . As you know, we presented our request for a greenhouse/garden shed to you and the planning commission last year. Because of the positive comments made by members of the commission we have decided to now make our formal request. You may recall we also presented pictures as well as written comments from eleven (11) of our neighbors. We are very happy that all were very positive and pleased with the prospects of adding to our gardening endeavors. (We have provided copie's of our neighbors comments in this . packet.) The style of our gardens more closely relates to the English Cottage type gardens. The proposed garden shed/green house and arbor will carry through with the architectural style to compliment our gardens. We are very concerned about the appearance of our property. The building and arbor under this plan are intended to improve and enhance our property and will allow for additional gardens. The plants we grow are extremely attractive (hosta and shade and sun perennials.) We grow newer varieties and the addition of a greenhouse will allow us to become involved with hybridizing to create better and even more attractive plants. We are providing pictures of our garden and a picture of the arbor style to be used. Feel free to call us should you have any questions. Jay & Dory Venero 5985 Seamans Drive 474-8550 /.-. . . Jay & Dory Venero 5985 Seamans Drive Description: Combined garden shed/greenhouse building - 1500 square feet to be located on the northeast part of our lot as diagramed on the enclosed survey. An arbor is also to be built to completely enclose the west, eaSt and south walls of the building. Arbor areas are shown with dashed - - - - - - - lines on the plan. Greenhouse will be of a high grade with lexan type "glass". (This will not be apoly house.) Pictures are enclosed of a garden shed which will give a flavor of the styling intended as well as a magazine photo of the arbor. On close look, you will notice details such as finials. The arbor will have the well built characteristics such as seen at the NIn. Landscape Arboretum. Intended use: Arbor will enclose our plant growing area and vegetable garden and to keep out our growing deer population. The greenhouse will be used to grow plants as well as future work to hybridize. Please also refer to our cover letter. ~ _,:jC,,_ '" H.I -f-", . . . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Name: / '-1/<.. 0 l/Vt ( I<:_-+;J.A.J"C-~ Comments: Jay and Dory Venero 5985 Seamans Drive 474-8550 Address: 59~ S- 0?Y.:) -J~.;LI? v..-a-- ~ -- ; - ~. ,,--;' . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. . ~ Name: ,..Ie., '.J ...... j '1// N'itlt.. 'ur/Address: ~ ,...., '1\/'./ '/; r" 1./( f" vI 6tJIJ Jctl......../!v I ,//2 Comments: w(? J)t:- lit' V jj t:w G .4v (.' J f ~ 'T,t/V .-<' tV -? .-4 I!.('- Ju' .e (- /'n Tl ..;v/") .;}1k:J CN 6:[ 0 /,,-v- zl..< :?' ~ rvrcc 51-CPTl Y -1,../ t:JJ /{ ,:;,' {--A U '" (; ~e. I 11J. 06 t-(~ . [-'Ill- lvt'", '- n rtl ~Y,'O If/If ( r/..J .,i (/!!L.f>' 1/'i,I ;'V\AA:Y' l/tt=/Z. j-,1r't."t I.A '" r:J C VI.r2 '':-'p-t;J(.2 0, TI/6Y /1"'''1/6 //t1 r<' "II' Y v F 77..; f- r tl' 66J {,.J e v (.. FLf1I'J r {: {j (<:; r rz t:f?!' fI'/ {; ("4f1.N6 11-16 r./(:1oJ t/Rt"""n..;) Tilt!> IY-c;/l /.JL~tJ ~AW' ]"'1 b:;J.fEc..," L {Tv bJJ ~'1,pEN - )J~.rr f'6 yJr-J(, /,..J~t?_/~ /.JV'ot'/ R-I'-I;-J - (vli1 rc.;!lrALJ ~., Jay and Dory Venero u ~ 5985 Seamans Drive . \" (\ 474-8550 d ~ ~ //~- ~".""""f...... f,f ~..J .~. . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the garclenip.g season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Address: Jay and Dory Venero 5985 Seamans Drive 474-8550 --'/. . , ~.___;::"f~~ . . ~ Dear Neighbor We are contemplating putting up a greenhouse so we thought we would poll the neighborhood to see ifthere were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Name:/~Uvtwt ktJJ--kL Address: buCC Sicvm.mJ Comments: fLJUU-s. ~ Utw,v Jay and Dory Venero 5985 Seamans Drive 474-8550 /'-~;t5( ,d-- . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request \vith the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- :which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardeni~g season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Name: Address: Comments: ~u Jay and Dory Venera 5985 Seamans Drive 474-8550 r,;::: .::- ,.,.~. --- '* ( /. . . ~ Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see ifthere were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Name: Address: Comments: ~ ~~ o.1w .... ~~ ()./ Jay and Dory Venero 5985 Seamans Drive 474-8550 - r';; '- ~ " . . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Name: ?\-\\\\' T- So-..\'-..d\. " 6 -eeL Address: Wlcu ~~ Comments: ~ I .~ :7 Jay and Dory Venero 5985 Seamans Drive 474-8550 ?5 :: . . - c . Dear Neighbor We are contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Address: 'JVV i)-. ~d '::~7~, ~ Jay and Dory Venero 5985 Seamans Drive 474-8550 ~* <.,./ "'~ ~ ;. .. c' '\ ., . . Dear Neighbor Weare contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. . Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. /h., Comments: Jay and Dory Venera 5985 Seamans Drive 474-8550 1") .~ .. 6'''t. . . Dear Neighbor We are contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would ~o, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. Address: Jay and Dory Venero 5985 Seamans Drive 474-8550 s br'ive.. \ .. ," .. ~ . . Dear Neighbor We are contemplating putting up a greenhouse so we thought we would poll the neighborhood to see if there were any objections prior to going through submitting our request with the City. We've had several conversations with Brad Neilsen regarding this and it seems a conditional use permit would be required -- which costs $200.00 to apply for. We love our garden work and look forward to being able to extend the gardening season by having a greenhouse. Anything we would do, of course, would look very nice. This would fit into our landscape plans which would also include an arbor and fenced area in the back yard. ~ Comments Q~ ~ 7 '1-, Lie G\ u\0 ~'- Jay and Dory Venero 5985 Seamans Drive 474-8550 :--':; t /' ___ /-. _fI' Proposed Amendment to Section 1201.03 Subd. 2.d.( 4) (4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed three (3) in number, or one thousand two hundred (1,200) square feet in area in the R-IA, R-IB, R-IC, R-2A, R-2B and R-3A Districts, or one thousand (1,000) square feet in area in the R-ID, R-2C, R-3B and R-C Districts, except by conditional use permit as provided for in Section 1201.04 of this Ordinance. In addition the following conditions shall apply: (a) In no case shall the The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions: (Ord. 226, 6 11 90) (i) The lot on which the greenhouse is to be located shall contain a minimum of 80, 000 square feet of area. In no case shall the lot area be reduced to less than 80,000 square feet in area. . (ii) Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located. (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council. (iv) In no case shall the total area of accessory buildings exceed seven percent (7%) of the minimum lot area for the district in which the property is located. (Ord'--J _-_-97) (b) In no case shall the total area of accessory buildings exceed ten percent (10%) of the minimum lot area for the district in which the property is located. . (c) In evaluating the conditional use permit, the City shall take in to consideration the location of existing and proposed structures, site drainage, and landscaping. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (Ord. 168, 6-24-85) Note: Proposed deletions are highlighted with strikeouts and additions are highlighted with italics. . . D-R-A-F-T CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING CONDITIONAL USE PERMITS FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET, A SPECIAL HOME OCCUPATION PERMIT AND A SPECIAL USE FENCE TO JAY AND DORY VENERO WHEREAS, Jay and Dory Venero (Applicants) are the owners of certain real property located at 5985 Seamans Drive 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 Applicants propose to build a garden shed and greenhouse structure which will be used, in part for their gardening business; and WHEREAS, the total amount of accessory space of the new structure, when combined with existing accessory space on the property will exceed 1200 square feet of area, for which the Applicants have requested a conditional use permit; and WHEREAS, the Shore wood Zoning Code requires a conditional use permit to conduct a home occupation within an accessory building; and WHEREAS, the Applicants have experienced problems with deer damaging their nursery stock and they propose to erect a fence which is higher than six feet to protect their plants; and WHEREAS, the Shorewood Zoning Code requires a conditional use permit for special purpose fences; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 25 March 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 tlieir regular meeting on 1 April 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 12 May 1997 at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-IA, Single-Family Residential zoning district and contains approximately 82,522 square feet. 2. That the existing home on the property contains approximately 1862 square feet of floor area above grade. 8.~.m 3. That an existing garage o~ the property contains approximately 1210 square feet of area. 4. That the Applicants currently conduct a small gardening business, pursuant to a Limited Home Occupation Permit which has been issued by the City. 5 . That the Applicants propose to build a combination garden shed and greenhouse and a fenced enclosure at the rear of the property, as shown on Exhibit B, attached hereto and made a part hereof. 6. That the garden shed/greenhouse will contain 1500 square feet of area, which, when combined with the area of the existing garage, brings the total area of accessory space on the property to 2710 square feet. 7 . That the Shorewood Zoning Code prescribes four criteria for granting conditional use permits for accessory space in excess of 1200 square feet, and following is how the Applicant's request complies with the Code: . a. The proposed area of accessory space (2710 square feet) exceeds the floor area above grade of the proposed home (1862 square feet). (1) The property contains more than 80,000 square feet of area (82,522 square feet). (2) The proposed side yard setbacks for the garden shed/greenhouse are more than double that required for the R-IA zoning district (60 feet north; 145 feet south). (3) The Applicants have agreed to submit a landscape plan to be approved by the City Council. (4) The total amount of accessory space on the property (2710 square feet) will not exceed seven percent (7%) of the minimum lot size for the R-IA zoning district (.07 x 40,000 =2800 square feet). . b. The total amount of accessory space does not exceed ten percent (10%) of the minimum lot size for the R-IA zoning district. c. The proposed garden shed/greenhouse structure complies with the height and setback requirements of the R -1 A zoning district. Grading and site alteration necessary to accommodate the new building will be minimal. d. The architectural character and materials for the proposed building will be consistent with the character of the existing home and the neighborhood in which it is located. 8. That the proposed wood lattice fence will be eight feet in height, with three-foot horizontal cross members designed to discourage deer from damaging the enclosed garden area. 9. That use of an accessory building for a home occupation requires a Special Home Occupation Permit which is subject to the conditional use requirements of the Shorewood City Code. 2 CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicants' request for conditional use permits for accessory space in excess of 1200 square feet of area, a Special Home Occupation Permit and a special purpose fence. 2. That this approval is subject to the following conditions: a. The property shall not be reduced from its current size. b. The greenhouse portion of the proposed building 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. The proposed building must be constructed in compliance with the Minnesota State Building Code. c. d. . e. f. g. h. The use of fertilizers and pesticides shall comply with the applicable rules and regulations of the Minnesota Department of Agriculture Lighting within the greenhouse portion of the building shall be turned off between the hours of 9:00 p.m. and 6:00 a.m. Heating for the building shall be limited to natural gas, LP, or electric appliances, but not including woodburning appliances. The Applicants shall submit a landscape plan providing coniferous shrubbery located so as to break up the visual mass of the fenced-in enclosure. The Applicants shall comply with the requirements of the Special Home Occupation Permit contained in the Shorewood Zoning Code, except that: (1) The Applicants have agreed to limit the number of customers or clients to one at a time. The Applicants have agreed that employees of the home occupation shall be limited to those people who reside on the premises. 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. . (2) ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of May, 1997. ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk 3 CITY OF SHOREWOOD MAYOR Tom Dahlberg COUNCJL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474:0128 . www.state.neVshorewood · cityhall@shorewood.state.net MEMORANDUM . TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~ FROM: DATE: May 7, 1997 RE: A Motion Authorizing Safety Improvements for the Southeast Quadrant of Smithtown Road and Eureka Road South. Attachment 1 is a memorandum dated May 5, 1997 to the Mayor and City Council which explains the safety improvements and restoration that is being requested at 5705 Eureka Road South. Normally minor roadway modifications are completed without authorization from the City Council. However, in this instance the modifications being requested are being discussed to outline current traffic safety problems for this area, and to help resolve a long standing issue of encroachment onto a private property. . I believe attachment one outlines the scenario thoroughly. Therefore, if the City Council agrees with the recommendations, staff is requesting authorization to complete these items in attachment one as part of the local roadway reconstruction fund. It is estimated that these improvements will cost approximately $3,000. I will present a final estimate at the City Council meeting. A Residential Community on Lake Minnetonka's South Shore :#9 MAYOR Tom Dahlberg. CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474:0128. www.state.neVshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~ May 5, 1997 . FROM: DATE: RE: 5705 Eureka Road David Stubstad Property Southwest Quadrant of Smithtown Road and Eureka Road South The City has received two separate requests from Mr. Stubstad, property owner of 5705 Eureka Road. Mayor Dahlberg and myself met with Mr. Stubstad on April 28, 1997 to discuss these issues. The first issue is with regard to damage to an existing retaining wall along the subject property which occurred as part of the Smithtown Road Watermain Project (City Project 95-16). Although the existing wall was in a severe state of deterioration, Mr. Stubstad has requested that the City replace . the wall in its entirety. During previous conversations with Mr. Stubstad, it has been stated thatit is the contractor's responsibility for the restoration of the wall. Mr. Stubstad stated that it is the City's responsibility to replace the wall, and does not want to want to wait for the contractor to respond the Issue. In researching this issue, it was also found that the inside of the radius of the roadway of Smithtown Road and Eureka Road South encroaches onto Mr. Stubstad's property corner (refer to attachment 1). It was suggested that if Mr. Stubstad were willing to grant the City a permanent easement for the encroachment, we could easily justify letting a separate project to build a complete retaining wall in exchange. Mr. Stubstad declined stating that he did not want to incur any more encumbrances for the title of his property. ,... The second issue that was discussed was with regard to a letter received by the City of Shorewood from Mr. Stubstad dated April 8, 1997 (refer to attachment 2). It was noted that South Lake Minneotnka Police Department has increased their efforts to patrol speed levels on Smithtown Road. In addition, a stop sign which does not meet traffic warrants increases the problem as drivers tend to speed up to make up for lost time and increases the number of unnecessary accelerations as cars start up from a stopped condition. A Residential Community on Lake Minnetonka's South Shore Attachment 1 . . 5705 Eureka Road Property Restoration May 5, 1997 Page 2 of2 After reviewing both of these issues, it was discussed and agreed that there is a compromise which may help address both issues. Since the radius at the southeast quadrant encroaches unto Mr. Stubstad's property, this radius could be reduced (refer to attachment 2). This will not only reduce the encroachment onto the property, but will reduce the width of the intersection. This decrease in the width of the lane should slow traffic as they make their turning movements. This will reduce the amount of retaining wall required while adding some "traffic calming" amenities to the intersection. Mr. Stubstad felt that this was a good compromise. This issue is tentatively scheduled for action on the May 12 City Council meeting. ~!$~-~~~~------~^>~ -----__ 0)" ----+----x <o~ ,,'-0 --- - ?i" - --l- " \>.<0 0) :2()_~~,~~-------- -______ ~~ --E::9- - - "" - \>. I -____ \>." ____ 0)" -~ 163 I _~. <0" ---- 1-~ " 0)" + . --- -- "- -. " ,,-"- "\ c;;:----- . . 0) , I 0) IH 0 U S d 5705 o + R 16HT OF - WI\V 6M ITf1TO\,o..I",l RD I I -I I I I I - I+-- E.~E P A\J':'E:M.eNT" I :rlR 1C::...rr OF vJhY I EUR'E.\Or R~ I 10 5 0 I ~ . In.. SCALE I ~\J 11/\<0" I 10)' . \+ . I~ ARE~ OF P1WE::!'^,EN\ l<E..",,-Q\{AL Attachment 1 April 8, 1997 Ic\ I r;;; (01 c: In \-\ /7 I C;;; :-. ' IIOIU;;~~:C: U w u:;;/n\i I~~ APR ~ ~97 ~I Mayor Dahlberg City of Shorewood 5755 Country Club Rei. Shorewood, .MN 55331 . Re: Traffic on Smithtown Road Dear Mayor: We are residents of Shorewood and write to request your assistance with a serious and dangerous tr~ffic problem that is occurring near our home. Our address is 5705 Eureka Road. Our house is located at the comer of Eureka Road and Smithtown Road, and the front of our house, including the driveway, front Smithtown Road. . As you are certainly aware, the posted speed limits on Smith town Road and Eureka Road are 30 mph. However, the majority of the vehicles traveling along these residential streets are ~eat1v exceeding that speed. Since our driveway is located an a slight hill, when the traffic is traveling at speeds in excess of the posted limi~ it creates a dangerous situati.on for us to pull into or out of our driveway. To make matters wo~ many drivers feel the need to spin their tires or accelerate quickly from the stop sign at Eureka Road and Smithtown Road. This reckless behavior combfued with excess speed makes it difficult for pedestrians to safely gain access to the LRT trail. We write to request your assistance in addressing these problems. We have several suggestions which could be implemented. First, the police department does not appear to be concentrating any traffic enforcement effortS in this area. The moming and afternoon rush hours, as well as 8:00 p.m. to 11 :00 p.m. seem to be the most problematic times of the day. We would request heavy traffic enforcement at these time whenever possible until the problem begins to resolve itself. Second, maybe the city should look into lowering the speed limit throll~h the area. Other residential streets in Shorewood are posted at 20 mph. While we are aware that Smithtown Road and Eureka Road are main streetS which. feed into ather residential a.re3S, there is conside......wle pedestrian traffic through the area as people walk, run or bike to the LItT trail. Vehicles traveling at a high rate of speed are not conducive to the pedestrian traffic which results from locating the trail iniliat area. Attachment 2 Finally, a three way stao at the inte.~ecrion might heIo. Tne ather interSection of Smithtown Road and Eureka Road is con~iled by S'..op signs in all ~ons.. A three ~ stop would work to keep the speeds down. We would apfJleciate your help in addressing these issues. It is ITrf unde..--sranding that you are also a resident of this same area of the city and are probabLy aware of at least some of the problems already. I am sure many of our nei~hbors also share these <:anc=mS. Please feel free to offer the use of our driveway to the police department in their traffic effons if it would be useful. Thank: you in advance for your assistance. . Sincerely, [LQJQ@ ;-""""-t-v ~ ~-4 David J. Stubstad r Jennifer Vander Ploeg . <" CITY OF SHOREWOOD MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474:0128 . www.state.netlshorewood . cityhall@shorewood.state.net MEMORNWUM TO: Mayor and City Council James Hurm, City Administrator r FROM: Larry Brown, Director of Public Works . DATE: May 7, 1997 RE: A Motion Authorizing the Expenditure of Funds for Dragging Equipment for Athletic Fields. Over the last 12 months, the Department of Public Works has fielded several complaints regarding the dragging of the ag-lime portion of the ball diamonds within the city parks. As the City Council is aware, staff has discussed several options to create, or purchase an attachment or machine which has the capability of grooming the ball diamonds as desired by the associations. . Currently, staffis dragging the ball diamonds with a drag manufactured at the public works garage, and is comprised of gutter brooms from the street sweeper. This dresses the very top surface of the diamond, but does not have any downward dragging capabilities to smooth out the rough areas of the field. In addition, this attachment does not loosen the aggregate that gets compacted by the foot traffic during the games. In researching out methods used by other municipalities, staff was informed that the City of Richfield has constructed an attachment for their tractor which works well. Staff went and reviewed this machine. This drag works for fields that are constructed all of ag-lime as it can be attached to a tractor that has a.large turning radius. Shorewood's fields have a turfinfield and do not allow for a large machine to maneuver around without pushing a portion of the ag-lime onto the grass areas. In an effort to appease the softball and little league associations, Public Works Staffhave been spending additional time making sure that he ball fields are dragged every day and brooming the ag- " lime which spills over on the turf areas of the field. The current time being spent to drag all of our fields is. taking approximately 3.5 hours per day for one person. Staff also researched what machines are made for this purpose and are being used by other cities. Attachment 1 and 2 are two machines that are commonly used for this purpose. One is A Residential Community on Lake Minnetonka'sSouth Shore )0 or Mayor and 'City Council A Motion for Equipment Purchase May 7, 1997 Page 2 of2 manufactured by Toro and is called a Sand Pro 3000. A similar model is known as a Cushman Bunker Rake. Quotes received for the pieces of this equipment are as follows: Toro Sand Pro 3000 Cushman Bunker Rake $7770.00 $7979.50 (excluding sales tax) (excluding sales tax) These machines have the power to scarify the ag-lime while providing a tight enough turning radius to be used on our turf fields. It is estimated that the time to drag the fields will be reduced to . . approximately 2.0 hours since the grass areas will not have to be broomed of the excess ag lime the current machine leaves behind. Attachm~nt 3 is the equipment schedule for Public Works. These funds are set aside each year for the replacement of equipment, as required. Staff is proposing that the Sand Pro be funded using the dollars scheduled for replacing the John Deer AMT Utility Cart, and a portion of the $3.000 donated by the little league to purchase this machine. Once the John Deere utility cart wears out, the back half of the cart would be cut off and converted to serve as a trailer for the Sand Pro to do fertilizing, weed spraying, and other duties that are currently being done with the utility cart. Thissubstitution in the equipment replacement schedule broadens the use of the equipment without adding an additional item to the equipment schedule. If the City Council approves this equipment purchase, a motion would be in order to approve the purchase of the Toro Sand Pro as itemized in this report. . Attachment 1 ~. May-OB-97 ~2:~~P Cushman@ Groom Master P.03 . MANEUVERABLE . Tight tumin~ muius . 2- or ,"i.wheel hyJrolllllric drive . Enclusl.."t1 ~el1r hox with 8.8: I stccrin~ rntio . 8-indl ground d~'m';lllCC . PRODUCTIVE . 12. S hr. Kuhota ~lic::d M 16 hI'. Bril.:~s and Stmtton Vanguard V-Twin gas . 40" Imlll hlllde wiJeh .71. 'i" mkc width .64" !:Ilia iVlIfor width . )7" spiker artadlllll.!nt . Up to 10.5 Illph [mwllnl rnmsport speed . VERSATILE . Rear rake for smo()fhin~. mid- mount cultivlltur to lift and loosen, :lnd ftont hlade to push S<1ndfS<lj( . Spiker tilT light acrntion . AJjustahle halogen heaJligln . . SERVICEABLE . Tilt-up tt.'llr engine lIhrrluJ lor easy access . W'lrl~lwidc llealcr pllrts lInd service l1el work . . EASY TO OPERATE . Single JlI..'l.lal hydrostatic clll\rml . Easily l1ccessihle C01\lmls and vinyl-dlld adjusmble sent . Rdt-Jrivc disenW'~elncnt for col(1 starring . a. RANSDMES CUSHMAN RVAN rnr'Tne n-: R.:sull"!l Attachment 2 . .,. ~ - i3 ~ )0 ! 0;; ;;; ... ; rn; ~ ~ ;;;;~ ~~~~~~;~ g~~~~~Q ;_Q:OS(ln; -f - m : = .. 0 o ~ i'" g ~ ; ~~;;~~~~~ ~~~ii~i~ gg~$!!ii~g ~ i ; Q ,. 0 ). .. "' ,..~=.,,%O> o~_m~~~&l~ ; gz~2ii~ o!ii~g~~~~ ~"'"''=lli!:~'" >0:;11> ,..#m iii :II ." % g...:II o3c:Q ~/II~ ~c::D.- ~;az >;;o~ ~iE g~~. oc: __-",zm~ :Ill: -'0'; (D- .Q_;!~; ~i - :II .",.. <. 00:11 ~~ ~ ::Jl /II i ~ i ~ ~ % ~ c:~ ~ co ~ J ie~ :. /II (l1! ~ 0 ~: Oat;! ~ :i .~ CD! ~ ~~ Z;;;- 1i- ~ ;. ~ 2?: ~ i! ~ Ill'" lii ~i ..~ i!: ~ /II ~ c: ~ . >- - - ~ t") =- s ~ = - t..., ~ . .. ;; ! ~ ... : .. .. ! ~ ~ : ~ : : : ~ .. .. ~ o ~ .. ; ~ : : ~ ! 0 E ~ to ~ = ~ g ; fP. II' E :; 2: ~ i ~ :0 to '" ! I ! ;;:t..~ : i :,; 0 o 0 ;; ~ ]I ::c :II Z' Q 0 a c ~ i ~ : ~ ! ~ i s .. ~ = 'i ~ ~ ~ ~ ,.. ~ - ;s ~ ~ i ~ ; ~ to - '" $ S ~ $ .. .. .. .. ;; ~ ~ g e : ~ ~ : : : : : :~;;;:::~ .g~ggg~ ! ~ ; i ~ ~ ; " t: ~ ~ ~ Ut ;i~~:~a : ~...~~~~ ~ :. 0".." I'IlI ;! > :It ~ ~ -c f ." ! ! i ! ! ~ : ; ; ; iil!!!!!~! ~ ! ~ . . . = ~ ! ~ . ~ K i~~s~~i~ii . . l .. .. ". . ~ ~ . .. ! ::: .. i:: . ... i ~ .. = ~ ... ::: .. .. .0 ~ ... ~ .. .. .. ~ ... .. ; ... .. .. .. .. .. .. : .. ... :;: 5 .. .. i ~ s ;; ~ .. .. ! = ! ~ ~ ... .. ~ ... .. ~ ; .. 15 ;; :: ......::! .. I S ~ '- ; ~ ! ... . .. :: . ~ .. i ... ~ ~ .. .. .. X ,., : .. ~ ~ 8 % 0'" o"::::IIto. j; % ::c :: In " ~oo~g.. ~~~: ~ ;:II :>> ~ g 1ft ~ .... 0 () >> ~ ~ ~ ~ ; ,.. : : :. : ~ $ S .. .. .. ;; ; j ~ ~ ! i o .... ;: ~ ~ ~ .. ~ .. .. ;;; ~ ! ;; ~ .. ! : .. ;: ... .. E ;; .. ;; I: ~ ::! ~ ... ... .. c. .. : :: .. ! ~ 1; .. .. :: .. .. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .... ~ 6 '" ~ ~ ;;; ~, to '" t :: : : : of :: ~ 0 0 l: - ~~:t'21_=S8 ~ ;= ~ ~, n g i s I ~ ~ ~:~)7_,..~~ e ~ ~ ; 1ft 1ft l: 0 '" '" '" '" Cl g ~ ." '" '" '" ~ :0 : ~ 2 i s CJ i i ~ ~ " " g .. -: = ... .... ~ J : ~ .. ~ s: .... n '" i!! ~ ~ no 1ft :0 o dIo ..~~ "" ~ '" '" ;) n !s In :! ~ 8 :: ; ;; g z Q to :0 ~ 1; /II " :( ; Q ; i ~ ~ Q 0 ; ~ : ; ~ : ! ! I ! ! ! ~ i :- .. = ~ . ! 0 E i i ~ ~ ~ ~ ~ E ~ .. S (~~ ~ \J ... .. .. o .. ~ ~ 0: '0 :: . ~ ~ ~ .. .. .. .. ~ E 1: w :: .. ::: :.. :: ... ... .. .. c,. D ;; ; .. .: .: : o 0 w w i ;; ~ ~ ;; __ ~ .... .. I g g .. .. ~ ~ ~ 8 .. .. ; '" .. ... ! g ~ ~ ~ Iii 0 ~ .. .. ~ ~ ... . .. .. 0; I ~ ~ .. .. . ;;; co co i : ~ ~ :: :0 .. ;! ~ n .. ~ .. ~ . !l ;; " ~ .. 8 .. ~ i i I ~ w ~ ~ ! ~ ;; .. .. .. .. E ~ ~ ~ .. .. .. z 11 ~ e .. ...) " .. m ~ .. "" ". ! . = ; i co . .. " 0 2 .. ;; 0 .. = .. ;- . .. ~ .. ~ 3 .. s 2 ;; .. -: III ... S = C -6" ~ " ... a .. .. '" ;. co 11- :0 .. ~ ~ ~ i'. W i ... So ~ !!~ _!!.a:=- -.~.:; }-2 ~ sr. . t i I i a III" :II .gia.; f;!';~ ~ = ~ - ~j~:. s: C' Q ~ (') = ~ i ;:- ~ .. ~ if .. ~ t i :- ; : 2 i J ,. : c i . -: 2' 0 ! l :1 ~ 2" ;; 1: ~ g 6 ~ = "' ~ ~ ~ " n $ III 0 -; .. III ID :. !Z! m ,; ;; -< = E c n ." 00 ~~ ....0 lit co .,. III en :l g ~ ~ m ;; ~ in ~ > :II (') :II ~ ; -< Q en S ~ m III ~ 5 ;!: III "' > :II :II % ." ." (l S S m 5 5 ~ % .. .. ;; !!: .- ;- ... &" .~ ~ ;:; go .. - '" .. ;; ~ . ...- .'" .. ~... -~ ... .. ~ ! ii; .. .. .. IS .. .. .. .. "'10 $ ... .. ... !" .. -... 8 -... .~ ! ..... .. .. ... go .. ::: co ;: .~ ... .j i ... & !!: ~ c; ... ... .. .. ... co .. -;;; :; ... .... ;; .. ~ j = ... ... ... . ... ... ... ... ... ... ... .! :! ~ :! 0 .. .. g .... ... .. ~ .. !!: S . ... ... .. ... .. ~~ ;:; .~ .0 _.t:/I .. ... .. ... .. ... ~ -.... ~ . ... .. .. .. c;; ili ... .go ~ ... .. '" .. .. .. .. ... ~ .. l:: .. ~ w ... ... -; c; .... .~ '" ... 8 . . ... .. ... ... '" .~ .. .. ... ~ .... c; g ~ ... ... .c; .. ... .. ... i .. .0 .... ~ .. .. ... ... .. ... .:!l ... IS i s .s .. .. .. .. .. c; ~ ~ '" 8 ~ .... ... ... w ~ ... ;; l!l . ~ .. 8 ~ .. ! . 0 ... ... ... ~ 2 ... .. .. ::: ~ ~ i ... .. ... '" 1: ... .. ... ... ... ... .s ... ~ ~ .. c; ~ ... :!l ~ .0 ~ ~ ;:; c; .i ... .", .. ~ :!l .. .. ;: "" .... 5 ~ -:r co ~ 2: ~ 21 ;:: ~ G ." ~ toO ,.. :; ~ :II C) 0 C III 2' ;; " " ~ '" ~ . 0 ::> toO 1;; "' c c ;:: .. 3 ~ III g 3 % ~ ... n . Q; ... co ~ S .. 6 c 3 3 .. .;: !!. .. CD .. 1- ~ .. Co 2- 0; ;;; 1- = " ~ CD =- 0 3 ;) C ::l Co s: CD "S! . .2- ~ .. !l iii Co 50. II . LMC 145 University Avenue West, St.. Paul, MN 55103.2044 phon.:: (612) 281.1200 · (800) 925-1.122 Fax: (612) 281-1299 .. TDD (612) 281-1290 L-9UG of Mmrrelfou. Citifls ~ Citiu proltlOti~ ~nflrt.:" To: From: Re: Minnesota Mayors The League of Minnesota Cities Help for flood affected cities . Cities helping cities--it's a natural phenomenon when disaster strikes. City response to the unprecedented flooding is overwhelming. We heard from many cities last week: Cities needing flood assistance information, and cities offering their equipment, personnel and even money to meet those needs. With that in mind, we've created the Cities Helping Cities program. Through the program, we plan to match cities that need help in restoring municipal operations and services with cities that have equipment and personnel available. We've spent the last few days calling cities directly affected by floods. They told us what help they need, and we've entered that infonnation into a database. If your city needs assistance and bas not been contacted, call Theresia Perry at (612) 281-1200 or (800) 925-1122. . Now we need to know what is available. The second page of this fax lists equipment and personnel needed by flood affected cities. If your city is able to provide assistance, please complete the form and fax it back to the League. We will then try to match up needs with the assistance available. Fax your completed forms to the League at (612) 281-1235. Keep in mind that clean-up and recovery efforts will go on for many months in the most severely flooded cities. Even if your city can't help now, help will be needed in the coming months Many cities have asked us if they could donate money to help flood-stricken cities. Hutchinson has already donated $5,000. Roseville wants to pledge some of its state snowplowing money and hopes other cities will consider similar action. To help cities and other organizations make donations) the League has created the LMC Flood Recovery Fund. This fund is being handled by the League of Minnesota Cities Research Foundation. All money received will be distributed to cities needing assistance to restore municipal operations. For more information, contact Finance Director Dave DuBord at (612) 281-1200. Donations can be sent to: The League of Minnesota Cities' Flood Recovery Fund 145 University Ave. W. St. Paul, MN 55102-2044. Thank you for your help. If you have any questions, contact Theresia Perry at (612) 281-1200 or (800) 925-1122. 1:"d AN EQUAL OPPO:R:rUNITYI AFFIRMATIVE ACTION EMPLOYER 53111J NW ~o 3n~~31 Wd80:21 * II f3 2,6, 01;: ~d~ - Cities Helping Cities The following is a list of some of what will be needed to get affected communities back in the business of providing for the health, safety and welfare of citizens. If your city is able to provide any of the following, please circle the appropriate item. list the number available and indicate when the equipment or personnel would be available, Fax tbis form back to the League at (612) 281-1235. Equipment How many? When available? Personnel How many? When available? Administrative personnel Front end loaders Building officials . Motor graders Civil engineers Sweepers EMT's Dump trucks Fire fighters Generators Office help Pumps Operations Hoses Police officers Traffic control signs Communications equipment Records management Vehicle mechanics . Other WaterIWastewater plant operators Other City Contact person Title Phone Fax I~ Ify.. have any q...ti..... ..atact Tberesia P.try at (612) 281-1200.r (800) 925-2211 t ~ ---"- 2'd S3I~IJ NW jO 3n~~31 Wd80:21 ~6, 0E ~d8' April 25, 1997 .:'~ IF i (-'-Ie ; i \\P _: '.! ....:. I~ ':01 J;;~: \./ : .:.. ,i , : " : ,. '''' i,'i'. ,,:,' . : ,; ..! -... ,~.1 ;UC. , t.,:.,h... ~ p",/, Mr. J1Il1 Hurm, City Manager.~" City of Shorewood = . 5755 Country Club Road Shorewood,~ 55331 Minnetonka '-'---Pu'Dlic Schools ~ -- -- ---- Learning Today for Success Tomorrow Dear Mr. Hurm, This is to follow up on the communications on roadway hazards that began last year at about this time between our offices. You may recall that our communications came about as a result of the requests of many residents who were experiencing considerable anxiety over the fact that their children would be walking farther to school bus stops. At that time concerns over roadway hazards which had previously gone unnoticed by residents were added to their other more long-standing safety concerns. . Your city became aware of the situation when it received a letter from me which included a meeting invitation to discuss the safety needs of residents. I explained in the letter and at the meeting that the need to alter the location of many school bus stops was a result of past legislation which eff~ctively reduced funding for school transportation by a significant amount. Fewer doUars translated into fewer buses, which in turn resulted in the need for children to walk fanher from their homes. I also explained that, even in cases where children did not have to walk farther, the public discussion on "walking distances" had drawn much attention to the safety concerns that already existed in and around neighborhoods. . The enclosed listing is being submitted to your attention as a result of our previous discussion on the need to identify and eradicate roadway safety hazards for children and motorists. This listing is. one of twelve city, county, and state lists which I've compiled over the course of a year. Like the others, it is the summary input of the many people, including parents, school bus drivers, motorists, etc. who have communicated their safety concerns to my office, and have requested that we share them with you. Thank you in advance for anything that your office might be able to do in the way of improving the conditions on your particular list. Some improvements may be relatively easy and inexpensive, while others may need to be included in your Capitol Improvement Plan. Since each list is of a different length and contains a different number of "Needs" categories, I will have to leave it to your best judgment on how the improvements might be accomplished. However, at your request, I'd be glad to participate in a discussion of the circumstances of why some needs may be more pressing than others. Sincerely, ~~~ Transportation Supervisor enclosure Finance and Operations 3621 County Road 101. :\Iinnetonka. :\Iinnesota. 35345 F.\~ #11 C- -/ Minnetonka School District #276 OTY OF SHOREWOOD ROADW A Y HAZARDS FOR CHILDREN Needs Locations "Bus Stop Ahead" Signs: Smithtown Road, east of Boulder Bridge Circle Smithtown Road, west of Boulder Bridge Circle Cathcart Drive, both side at Aster Trail curve Shorewood Oaks Drive, north of Highway 7 Galpin Lake Road, north of Galpin Lane Powers Blvd, south of Apple Road Powers Blvd, north of Lilac Lane Vine Hill Road, north of Shady Hills Road Nfinnetonka Blvd, north of Forest Drive Minnetonka Blvd, north ofFernCToft Drive 4/25/97 North side South side East side West side West side East side West side East side East side . Street Lighting Howards Point Road & Brentridge Drive (North & South ends) Bus Stop Waiting Areas: Smithtown Road, east of Wood Duck Cr Smithtown Road & Wedgewood Drive County Road 19 & Glen Road Vine Hill road & Shady Hills Road :iYfinnetonka Blvd & F erncroft Drive Trail/Path Between: Woodside Drive to Boulder Bridge Drive Kathleen Court to Brynmawr Place Brentridge Drive (center) to Howards Point Road Glen Road to Harding Lane Murray Street to Bracketts Road Forest Drive to Suburban Drive F erncroft Drive to Minnetonka Blvd Suburban Drive to West Lane South side Northwest comer Southwest comer Southwest comer Northeast corner . Roadside Walkways: Smithtown Road (sections) Howards Point Road (sections) Lake Virginia Drive Cathcart Drive Strawberry Lane (sections) Edgwood Road Grant Lorenz Road Eureka Road (sections) Wildrose Lane Wedgewood Drive Valley Wood Road Murray Hill Road Chaska Road Galpin Lake Road Brackett's Road Apple Road Powers Blvd Christmas Lake Road Radisson Inn Road Vine Ridge Road Excelsior Blvd Covington Road ( sections) . . Minnetonka School District #276 Page 2 Needs Roadside Walkways (continued): CITY OF SHOREWOOD ROADWAY HAZARDS FOR CHILDREN Locations Yellowstone Trail Echo Road Minnetonka Drive Academy Avenue Tee Trail Wood Drive Linden Drive Sweetwater Curve Near Mountain Blvd Muirfield Circle Rustic Way Suburban Drive Manor Road Vine Street St. Albans Bay Road Hazard Comments From School Bus Drivers: Radisson Inn Road is too thin for two way traffic. Solution: Make it one way or widen it. Powers Blvd & Lake Lucy Rd. Vehicles come too fast over the hill on Powers. Solution: "Blind Intersection Ahead" signs. Traveling Non Minnetonka Drive, turning (L) W on County Rd 19. Poor visibility for seeing oncoming traffic. Solution: Check and correct reason for 'Door visibility. CHECK APPROVAL LISTING FOR MAY 12, 1997 COUNCIL MEETING CHECKS ISSUED SINCE APRIL 25, 1997 CKNO TO WHOM ISSUED PURFnSE AMOUNT 20686 US POSTMASTER WATER METER CARD POSTAGE $180.28 20687 US POSTMASTER MAY NEWSLETTER POSTAGE 560.1 0 20688 PERA PEPA 2,425.64 20689 ICMA RETIREMENT TRUST 457 DEFERREDCOMP 847.37 20690 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 929.00 20691 MN DEPARTMENT OF REVENUE STATE TAX WITHHELD 1,292.70 20692 KATHLEEN HEBERT MILEAGE/SEC 125 REIMB 239.55 20693 JAMES HURM MILEAGE 86.94 20694 JOSEPH LUGOWSKI SEC 125 REIMB 131.11 20695 JOSEPH PAZANDAK MILEAGE 73.30 20696 US WEST COMMUNICATIONs/ADVERTISING 1,293.48 . 20697 WASTE MANAGEMENT WASTE REMOVAL 188.27 20698 TOTAL REGISTER SYSTEMS HAND HELD SCANNER 527.18 20699 GTE DIRECTORIES ADVERTISING 39.00 20700 HONEYWELL PROTECTION OTRL Y MONITORING 103.25 20701 QUALITY WINE & SPIRITS L1QUORiWINE PURCHASES 1,898.10 20702 PERA MAY PERA LIFE INSURANCE 45.00 20703 MEDICA MAY HEALTH INSURANCE 5,353.45 20704 HEALTHPARTNERS MAY HEALTH INSURANCE 2,912.51 20705 LEAGUE OF MN CITIES MAY DENTAL INSURANCE 585.63 20706 MINNESOTA MUTUAL LIFE MAY srr DISABILITY 94.50 20707 UNUM LIFE INSURANCE MAY LIFE INSURANCE 87.60 20708 AFSCME COUNCIL 14 MAY DELTA DENTAL 224.00 20709 DREW KRIESa APRIL JANITORIAL 230.00 20710 CITY OF TONKA BAY MAY RENT/96 PERCENT RENT 2,472.05 20711 GRIFFIN COMPANIES MAYRENT-WATERFORDLlQ 6,901.00 . 20712 TOWLE REAL ESTATE MAY RENT-PLAZA L1Q 3,358.79 20713 ANCHOR PAPER COMPANY NEWSLETTER PAPER 249.50 20714 BRADLEY NIELSEN SEC 125 REIMB 100.00 20715 NORTHERN STATES POWER UTILITIES 2,871.93 20716 US WEST COMMUNICATIONS 178.98 20717 BELLBOY CORPORATION L1QUORIMISC PURCHASES 4,577.07 20718 DAY DISTRIBUTING BEERlMISC PURCHASES 8,533.35 20719 GRAPE BEGINNINGS,INC WINE PURCHASES 112.00 20720 GRIGGS, COOPER & COMPANY L1QUORiWINE/MISC PURCHASES 11,879.84 20721 JOHNSON BROS LIQUOR CO L10UO~NE/BEERPURCHASES 3,728.24 20722 LAKE REGION VENDING MISC PURCHASES 1,364.96 20723 LEEF BROS MATS 26.20 ..20724 MARK VII BEERlMISC PURCHASES 1,942.32 20725 MARLIN'S TRUCKING L10UORiWINE FREIGHT 229.60 20726 NORTH STAR ICE MIse PURCHASES 357.96 Page 1 . . CKNO 20727 20728 20729 20730 20731 20779 CHECK APPROVAL LISTING FOR MAY 12, 1997 COUNCIL MEETING CHECKS ISSUED SINCE APRIL 25, 1997 TO WHOM ISSUED PAUSTlS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THORPE DISTRIBUTING CO THE WINE COMPANY UNIGLOBE PURFnSE WINE PURCHASES L1QUORiWINE PURCHASES L1QUORIWINE/MISC PURCHASES BEERtMISC PURCHASES WINE PURCHASES AIRFARE/CAR-GFOA CONF-ROLEK TOTAL CHECKS ISSUED Page 2 AMOUNT $649.98 4,132.08 1,159.29 15,525.40 788.24 414.00 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR MAY 12, 1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION -------- ------------------------- -----------------~------ 20732 EARL F. ANDERSEN, INC. BELT SWING-PARKS 20733 BARCO MUNICIPAL PRODUCTS SHOP SUPPLIES 20734 BIFFS, INC. PORTABLE TOILET RENTAL 20735 BRYAN ROCK PRODUCTS, INC. ROAD ROCK PARKS ROCK *** TOTAL FOR BRYAN ROCK PRODUCTS, DEPT. PARKS & CITY GAR PARKS & AMOUNT 98.65 65.52 1.144.12 STREETS 550.32 PARKS & 2.322.56 2.872.88 20736 C.H CARPENTER LUMBER REPAIR FENCE-PLOW DAMAGE CITY GAR 20737 CHANHASSEN-CITY OF JAN-MAR ANIMAL CONTROL CATCH BASIN REPAIRS 4Ij738 CHASKA SLDG CENTER. INC 20739 COORDINATED BUSINESS SYST COPIER MAINT (APR-JUL) 20740 CROSSTOWN-OCS. INC. COFFEE PROT INS STREETS MUN BLDG MUN BLDG 20741 EXCELSIOR CHAMBER OF COMM 4TH OF JULY CELEBRATION COUNCIL 20742 FINA FLEET FUELING FUEL 20743 HENNEPIN COUNTY TREASURER MARCH PRISONER EXPENSE CITY GAR POLICE P 20744 HENN CO GENEr~AL SERVICES SPECU~L ASSESSt1ENT-TAXES MUN BLDG 20745 HENNEPIN COUNTY TREASURER PROPERTY OWNERS-FREEMAN BATTERIES SHOP SUPPLIES *** TOTAL FOR HOPKINS PARTS COMPAN 20746 HOPKINS PARTS COMPANY . 20747 JERRY'S FRAME INC. ALIGNMENT 20748 KENNEDY & GRAVEN MARCH GENERAL LEGAL MAR LEGAL -BLDR/BADGER 'AlA MAR LEGAL-SMITHTOWN WA *** TOTAL FOR KENNEDY & GRAVEN 20749 LARKIN. HOFFMAN. DALY... JOHNSON LEGAL FEES 45.95 3.624.20 80.30 414.00 86.97 1.000.00 515.03 156.00 1.690.41 PARKS & 151.25 CITY GAR 145.98 CITY GAR 78.29 224.27 CITY GAR 137..50 PROF SER 5.592.03 -------- 1,-082~OO -------- 580.00 7,,254.03 PROF SER 20750 LEAGUE OF MN CITIES INS T INS DEDUCTIBLE-PLOW ACCI MUN BLDG 207&1 LIGHTNING LEGAL COURIER COURIER 20752 LONG LAKE POWER EQUIPMENT DETHATCHER RENTAL ENGINEER CITY GAR PRINTER/COMPUTER MEMEORY MUN BLDG 20753 MAC WAREHOUSE RAMP EXTENSION MAT + TAX CITY GAR 20754 MANN MADE PRODUCTS 20755 MEDTOX LABORATORIES RANDOM DRUG TEST Page 3 108.00 500.00 27.00 170.05 992.00 56.39 46.00 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR MAY 12. 1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ ------~- -------~--- 20756 METRO SALES, INC. 20757 MINNCOMM PAGING 20758 MN STATE TREASURER 20759 MN SUN PUBLICATIONS 20760 MINNEGASCO . *** TOTAL COPIER/DUPLICATOR PAGER VEHICLE INSPECTION SEASONAL HELP/LEGAL AD UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR MINNEGASCO PROJECTS 13.594.73 CITY GAR 4.26 CITY GAR 8.00 GEN GOVT 128.00 WATER DE WATER DE LIQUOR WATER DE CITY GAR PARKS & MUr-.1 SLOG LIQUOR LIQUOR 20761 WM. MUELLER & SONS, INC. ASPHALT/BLK DIRT/DUMP FE STREETS 20762 NAVARRE TRUE VALUE 20763 ORR.SCHELEN.MAYERON/ASSOC . *** TOTAL 20764 PETERSON ENVIRONMENTAL 20765 PITNEY-BOWES INC. 20766 POMMER COMPANY. INC. SHOP SUPPLIES FEB~MAR ENG REB~LL FEB-MAR ENG REBILL FEB-MAR GENERAL ENG FEB-MAR BLDR/BADGER ENG FES-MAR TOWER ENG FEB-MAR SO LINK ENG FEB-MAR SMITHTOWN ENG FES-MAR STRAWBERRY LN EN FEB-MAR SHADY ISLAND ENG FEB-MAR ENG REBILL FOR ORR.SCHELEN.MAYERON/ CITY GAR PROJECTS 85.46 123.63 59:-80 81.54 412.42 32.88 104.10 42.86 35.04 977.73 1,032.43 11.40 42.50 297.50 427..20 1.189.48 610.50 226.10 1,257.50 682.00 8,902.50 85.40 13.720.68 RON JOHNSON HEARING-WITN PROF SER POSTAGE METER RENT (AUG) MUN BLDG PLAQUE-TRETTEL 20767 PRECISION COMPUTER SYSTEM FINANCE USER GROUP MTG 20768 RED WING'S MOBIL SERVICE TIRE REPAIR 20769 SATELLITE SHELTERS. INC 20770 SUPERAMERICA 20771 TIME SAVER OFF SITE SEC COUNCIL FINANCE CITY GAR REPAIRS TO TEMP W/H-CATH PARKS & CITY GAR FUEL COUNCIL MTG MINUTES 20772 TDt..IKPt AUTO AND BODY SUPP SHOP 3UPPLIES Page 4 GEN GO\lT CITY GAR 328.33 210.86 56.29 .110.00 10.50 182.80 298.99 .1.56,. .50 44.82 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR MAY 12. 1997 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- --------~--------_._----- -------- ----------- EQUIP MAINT CITY GAR 5.92 *** TOTAL FOR TONKA AUTO AND BODY 50.74 20773 TWIN CITY GARAGE DOOR CO. EQUIP MAINT CITY GAR 102.75 20774 UNITOG RENTAL SERVICES UNIFORMS CITY GAR 438.9.1 20775 WACONIA FARM SUPPLY EQUIP MAnn CITY GAR 67.84 20776 WATERPRO WATER METER PURCHASE \lJA TER DE 2.094.96 20777 WILSONS NORTHWEST NURSERY ARBOR DAY TREES-REUTIMAN PARKS & 35.1.45 20778 MN LANDSCAPE ARBORETUM . WETLAND SYMPOSIUM PU~NN I NG 70.00 *** TOTAL CHECKS FOR APPROVAL 55,468.67 *** TOTAL CHECK APPROVAL LIST 147.369.41 . Page 5 l_: d i:: C }<. t: (; i ~ !::. . . " '''~ I r, CHEC:<, CHE:CK. Ei"iPLO'y'i::E Nt'; '''iE C:i4E~C:~:. C:rl~:C:F. "T\tF:-J!:: DAn:: r"~ U f'i E. E F~: r-J,Uiit?; E ," l~f"iOUr,J,T C()I''i 4 ,/,.::.j 97 80 II-JE:r'~DV S ANDERSON 211 71t ~t (,(;0 ......."..... . . ,<' ,.- COM 4 29 ')7 108 ,3EC:(:;'4 D - Bi~3T'iR 211.775 2.5 . .5:2 COr'i 4 ~2'~) 97 110 Cm'.iN I E D .. 8~;3TYR 2,1.1"77 \{) 3;33 .. 25 c:m'i ,q. :29 97 liS Li~j/-iPEr~CE ,.. E;ROi.JJN 2117Tl .1433>4 .13 ;-i . COI"i 4 2<;; r:,:;7 150 }..tE;:.) -r r-iE: R (~"" ELECHTA 21177;~; 8.5.". ~.' It.' CC)i''i 4 "?I;~ 97 3Li_~'::, (~NGELi::; M COLE 2117'79 278 .. 8J. COh 4 2'9 97 .500 CHAf~~LES t.... DAVIS 211780 7-5~..~ 70 ..:)'" . COr'i 4 "}I.~j 97 77':5 JAME:S C:.. Ef~i<. I NS 2:L1781 717 .. 60 Cm'i 4 ",~"~) ')7 1150 SUD~NrJ.E h GRAHN ~211782 rz 5,1 . ~. .. COM 4 :2':;1 97 1,190 K.ATHLEEi'~ l' HEBERT 2.1.17~3~3 ... ... .,,:. 54 .-i c.'c~..:::. COh 4 29 97 1400 PATFHCIA R. HELGESEN 211784 617 4'; " .-' Cm1 4 2':) 97 .1415 SHAIAlN D .. HEMPEL 21.1785 20 .. 26 COM 4 29 97 1550 .JAl"iES C . HURM 211786 1748. 30 COI"i 4 2~:} '9'"1 .1601 BF~IAN D., .]i41<.EL 2.11787 1::','2 ., 34 COh 4 ~;'9 97 .1700 JEFF~~EY A.. JENSEr.~ 211788 944. 40 . c:C) r'i 4 .?(~ 97 1800 DENl'-l I S D JOHNSON 21.1789 834 .. '~)5 COI"i 4 2(? 97 1')45 r;Ai~IL''t'N J. .JONES 211790 70 .. 8.1 COjvj 4 2'~~.i 97 2100 1M T LL T i';;vi r- .. JOSEPHSON 211791 1~\..3 :'.2 ..94 C:OI"i 4 :2~:) 97 2500 SUSAN 11 . LA TTERi'J.ER 211792 642.6G COl1 4 2') 97 2f;OO ,J 08f:FlH i:;) L UGQi,I.j:3:--:. I :21179::":' 8(:>':':', .. 34 I .. COr; 4 2'~) (;i7 :28i),5 ,J (:~30N i"-< . LUrJ.D 21J. T)4 2"7.5 . 3<;) COf1 4 :2':~ 97 2901.) r~U8SELL ~~ . MARROr~ :211795 32 .. 3.5 COf1 4 '7'9 97 3000 THERESA L . NAAS 211796 ,':'.0:2 .. 37 COl'1 4 2 "::} 97 31!.)1.) LA IIJ F<~ I:: 1'1 (:E A . NICCUM 211797 107(:i ,,06 COf1 4 2'~) 97 3400 8r~f~DLE'y' .J .. riIELSEN :21.L798 t.~ 73 . 70 C:()j....j 4 2t::.I <?I 7 2t4~1-5 ANOi.~'EiM c.. OTTEH '/~117':;>9 2U . 20 CC)11 4 :2~~ ''-;)} 3500 .JO:3EPH E . PAZAt-4DAK 211800 .t()~.:,t.l " 47 C01"i 4 ::2 ~~'; 97 3.S;3() CH~~ I STOPHEi:;: J. POUr-1DEH 2i.L801 741 .. -:.J~3 C ()i1 4 29 97 3 c.,l)() DANIEL .J . RANDALL 211802 941 ...:'3 COM 4 2~~ ':~7 ,3701 ;317<'Ii::JN 1'1.. ~~OEi:;:IC{ '2.1.18()~:, 82"4 01. cCrI"i 4 2'::.j ')7 37.5() SH;:;NNOH A.. i~~O.I GER 211804 106 . ;~~2 . COj'1 4 :2'::1 97 ~5.S00 ;:.)LAj',~ .J .. RGLEK 2.1.1805 LL42 " 83 COi''i 4 2~:) 97 38~l~5 t"iICl-If.'!EL J. I;>UFFEr~ACH 21180":., 264 .. .13 COi'1 4 :.~'::-~ 97 3900 CHRISTOPHEr< E . SCHMID 21..L807 605 . 3~.2 COM 4 2~~ 97 3910 R CONRAD SCHMID 211808 37 . 5c~2 COf'i 4 29 97 4190 DANA G. SHAIAi 2.11809 202. 03 e011 4 29 97 4577 PAMELA T .. TURNQUIST 21.1810 t.\ c., t, . 02 COM 4 29 97 4750 i~~ALPH A .. WHiLE 21.181:L 660. St,l *:*** TOT ALS**** 20818..1() Page 6