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052797 CC Reg AgP . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 27, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg ---L Stover ---L McCarty --L O'Neill Garfunkel_ B. Review Agenda C. Appreciation to Troop 424 for Assistance at Clean-up Day 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes May 12, 1997 (Att.-#2A Minutes) B. City Council Executive Session Minutes May 12, 1997 (Att.-#2B Minutes) C. City Council Work Session Minutes May 19,1997 (Att.-#2C Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion Authorizing Advertisement for Bids for Joint Seal Coating Project (Att.-#3A Engineer's Memorandum) , B. A Motion to Adopt a Resolution Approving Intoxicating Liquor License On4 Sale, Intoxicating Liquor & Special Sunday Sales - Minnetonka Country : Club (Att.-#3B Proposed Resolution) I 4. MATTERS FROM THE FLOOR (No Council action will be taken.) s. INTRODUCTION AND DISCUSSION WITH LAKE MINNETONKA CONSERVATION DISTRICT EXECUTIVE DIRECTOR, GREG NYBECK 6 . PARKS. Report by Representative A. Report on May 13 Park Commission Tour and Meeting (Att.-#6A Draft Minutes) B. A Motion to Adopt a Resolution Making an Appointment to the Park Commission (Att.-#6B Proposed Resolution) " -# ~ CITY COUNCIL AGENDA - MAY 27, 1997 PAGE 2 OF 2 7. PLANNING - Report by Representative A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Picnic Shelter at Freeman Park (Att-#7 Proposed Resolution) Applicant: City of Shore wood Location: Freeman Park 8 . DISCUSSION OF DEMOLITION OF EXISTING RESIDENCE _ WATTEN PONDS (Att.-#8 Attorney's Memorandum) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS _ W A TTEN PONDS (Att.-#9 Proposed Resolution) 10. ADMINISTRATOR & STAFF REPORTS . A. Staff Report on Development Monitoring B. Administrator's Report on Southshore Senior Community Center Progress C. First Quarter. Progress Report on 1997 Priorities (Att.-# 1 OC Report) D. Report on Renaming Newsletter Contest 11. MAYOR & CITY COUNCIL REPORTS Report on Neighborhood Meetings with Amesbury, Amesbury West and Boulder Bridge 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#12) . ~. i.,,'~ fil,t:(, to' " -.Ii' r j. ~ ",' .~- . ~ <- " ":~ f: . ~~ \, ." ~-.' ....~ r"" ,: ,,:r~ ~ ~~ r~..,,~,", ~ ~ ~~., . ~ CITY OF SHOREWOOD MAYOR :rom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill JQhn Garfunkel 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 Tuesday, May 27, 1997 Agenda Item #3A: The City of Shorewood will be administering the joint sealcoating bid effort with Tonka Bay this year. As the lead agency, we are asking the City Council to authorize advertisement for bid for the joint sealcoating project. Agenda Item #3B: This resolution authorizes the issuance of the annual On-Sale Intoxicating . Liquor Licenses for the Minnetonka Country Club. Agenda Item #5: As suggested by the City Council, Greg Nybeck, the new Executive Director of LMCD, will be present to introduce himself and to briefly speak about current issues before the Commission. Agenda Item #6B: This resolution will make the appointment to Park Commission, f1lling the term of Sandy Trettel through 1997. Agenda Item #7: Following the public hearing the Planning Commission recommended approval of the Conditional Use Permit for the picnic shelter at Freeman Park. Agenda Item #8: Acting City Attorney Ron Batty will review John Dean's memorandum of May 19 regarding the demolition of the existing residence at Watten Ponds Development. Agenda Item #9: This resolution accepts the petition and actually levies for watermain trunk charges and special assessments for the Watten Ponds subdivision. The Resolution establishes the levy over 15 years at 7%. Agenda Item #IOC: The fIrst quarter progress report on the 1997 Council priorities may encourage discussion on what the Council wishes to work on over the summer. Agenda Item #10D: At this point no external suggestions have been received for the renaming of the newsletter. A Residential Community on Lake Minnetonka's South Shore' CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 12, 1997 COUNCIL C 5755 COUNl 7:30 P.M. DRAfT MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:31 p.m. and announced the City Council will convene in Executive Session following the regular portion of the meeting to discuss pending litigation with the City Attorney. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. Review Agenda . B. Administrator Hurm noted Agenda Item No. 7B should read "Report on Park Commission Consideration Regarding Snowmobile Report." The agenda was accepted as presented for May 12, 1997. 2 . APPROVAL OF MINUTES . A . City Council Regular Meeting Minutes - April 28, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for April 28, 1997, as amended on Page 2, Item 4, change "Laurel" to "Laurila"; Page 5, change to read "Principal Lloyd Law and Gene George." Motion passed 5/0. B . City Council Work Session Minutes - April 28, 1997 The City Council Work Session Minutes for April 28, 1997, were approved as submitted. ' C . City Council Work Session Minutes - May 5, 1997 O'Neill moved, Garfunkel seconded approving the City Council Work Session Minutes for May 5, 1997, as amended on Page 2, Paragraph 1, Sentence 2, change to read, "He was in favor of increasing affordable cost housing without violating existing zoning"; Page 7, Paragraph 6, Sentence 2, change to read, "The 100 percent policy would result in several property owners holding up the system in that neighborhood, or that several property owners will concede regardless 0 f the cost which would be imposed by the bank upon a sale of the property or even if not forced to hook up; Page 8 Paragraph 4, change "100 percent feasibility" to "financial feasibility" and add to the sentence "where objectors do not have to hook up." Motion passed 4/0. (Councilmember McCarty abstained.) IF ;}. it CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 2 3. CONSENT AGENDA Councilmember O'Neill requested the removal of Item F from the Consent Agenda to allow for further discussion with the City Engineer. This item will be discussed prior to consideration of Agenda Item 4. Mayor Dahlberg read the Consent Agenda as amended for May 12, 1997. .O'Neill moved, Stover seconded to approve the Motions on the amended Consent Agenda and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97-33, "A Resolution Approving a Liquor License for the American Legion" B. A Motion Approving RESOLUTION NO. 97-34, "A Resolution Authorizing Execution and Submittal of Hennepin County Recycling Agreement for 1997" A Motion Adopting RESOLUTION NO. 97-35, "A Resolution Approving a Setback Variance and Variance to Expand a Non- Conforming Structure for Rocky Waldin, 5755 Merry Lane" D . A Motion to Approve the Permanent Appointment of Chris Pounder as a Light Equipment Operator C. . E. A Motion Adopting RESOLUTION NO. Authorizing Extension of Probationary Position" 9 7 - 3 6, Period "A for Resolution Secretarial G. A Motion Adopting RESOLUTION NO. 97-37, "A Resolution Approving a Single Temporary Gambling License for Variety Children's Association" * * * A Motion Authorizing Advertisement for Bids of a Dump Truck Box, Plow and Accessories . Mayor Dahlberg explained the City is in the process of replacing two of the aging dump trucks. Councilmember O'Neill inquired whether the radios would be transferred from the present trucks to the new trucks. Engineer Brown explained the radios will be transferred to units which do not currently contain radios. Mayor Dahlberg noted the expenditure to be for approximately $24,000 in addition to the cost of the advertisement. Brown noted the total price for each truck, once completed, will be approximately $48,000. This includes a trade-in amount. Councilmember O'Neill questioned whether the snow plows on the trade-in vehicles could be used on the new trucks. Brown explained the cost in removing the plows and installing them on the new trucks would be similar to installing new plows. In addition, the removal of the plows from the trade-in vehicles would result in a decrease in the trade-in amount. Stover moved, O'Neill seconded authorizing advertisement for bids of a dump truck box, plow and accessories. Motion passed 5/0. . . CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 3 4. MATTERS FROM THE FLOOR - None 5. FRIENDS OF THE SOUTHSHORE SENIOR COMMUNITY CENTER - ANNUAL REPORT Bob Gagne, President of the Friends of the Southshore Senior Community Center, provided the Annual Report of the Community Center. Mr. Gagne reported in the period of one year, over $100,000 was collected for this project. He pointed out that in raising the $100,000, less than $500 was spent in achieving this goal. A list of the major fund contributors was included in the report. Mr. Gagne reported the furniture will be arriving soon and installed in the facility. He stated it is the goal of the Southshore Center to raise an additional $25,000 to cover the costs of the first year of operation. He noted to date approximately $9,000 has been raised. Mayor Dahlberg inquired when it is anticipated the Southshore Center will be opening. Administrator Hurm commented the main concern at this point is to be able to install the asphalt and curb and gutter. Councilmember O'Neill asked for the deadlines on the project. City Engineer Brown explained the deadlines to be May 1st for the building, May 15th for the parking lot and ball fields and June 1st for the landscaping. He noted the deadlines are weather dependent and therefore the dates may need to be adjusted. Councilmember O'Neill inquired relative to the interior of the building, noting the deadline has passed. Brown stated the contractor has been put on notice penalties will be incurred. Councilmember McCarty stated she did not want to see the contractor rushing through details, but would prefer to see that the work be completed correctly. Councilmember O'Neill requested a status report on this matter at the next regular City Council meeting. Mayor Dahlberg requested a summary of the services available at the Center. Mr. Gagne reported he has received inquiries relative to rental of the building. He stated there are kitchen facilities, activity rooms as well as conference rooms. Mr. Gagne explained this is a non-liquor facility, however he did not feel this would hinder rental possibilities. He noted this facility is available for the five south shore communities to utilize. Mayor Dahlberg inquired relative to the equipment which would be available at the Center for business meetings. Mr. Gagne noted there are VCRs, TVS and a sound system in addition to other equipment which will be available. Mr. Gagne extended his appreciation to Administrator Hurm for the extensive time and effort he devoted to this project. In addition, Mr. Gagne thanked the Council for instituting the Public Works Department in cleaning up the double bungalow area at the end of Glen Road. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 4 6. 1996 ANNUAL AUDIT REPORT - ABDO, ABDO AND EICK Steve McDonald, Abdo, Abdo and Eick, presented the City's 1996 Annual Audit Report. Mr. McDonald explained there was a decline in gross profit for each of the three liquor stores. In reviewing store No.1, he noted the rent expenditure to be an extremely high fixed cost. In order for this particular fund to break even, sales would need to increase approximately $300,000. Mayor Dahlberg inquired whether the rental rate per square foot for this particular store would be considered competitive. Finance Director Rolek felt this to be competitive given the market in the area. Councilmember O'Neill asked for a comparison of cost per square foot between store No. 1 and store No.2. Rolek stated the cost for store No.2 to be significantly lower. He pointed out the major difference between stores 1 and 2 to be the lack of common area maintenance expenses. At the time the lease on store No. 2 was negotiated, those types of costs were included in the lease agreement. Mayor Dahlberg remarked store No.2 has a more intense inventory turnover per annum than store . No. 1. Councilmember O'Neill suggested the Council review the possibility of either renegotiating or terminating the lease for store No.1. Mayor Dahlberg felt the inventory turnover rate needs to be . considered and a determination made whether or not some part of the rental space could be traded off in an effort to reduce the amount of space which is currently being rented. Currently there are retained earnings of $336,000 in the Liquor Fund. Traditionally fund transfers have been budgeted to the General Fund to reduce property tax burden and to assist in the funding of some of the activities in the General Fund. Rolek commented the Liquor Committee has been looking into possibilities relative to renegotiating the lease or other alternatives which may be available. Councilmember O'Neill inquired whether the recommendations which were made in the prior year were addressed. Mr. McDonald did not recall the exact recommendations, however, he felt if the recommendations had not been implemented, a notation would appear in the current report. Mayor Dahlberg commented on the increase in water consumption. Rolek explained the dry summer and increased lawn sprinkling would make up this increase. . Councilmember O'Neill inquired as to the water rate which is charged for residents who receive water from other surrounding cities. Rolek stated every resident pays the same rate for water regardless of the source. Councilmember O'Neill inquired relative to the operating expenses which reflected an expense of "other" in the amount of $44,000. Mr. McDonald stated this combines a number of miscellaneous expenses. Rolek stated he will provide a breakdown of the various expenses. He noted they include expenses such as bad debts, credit card expenses, as well as subscriptions and memberships. Mayor Dahlberg inquired as to the amount of bad debt which is absorbed through the liquor enterprise. Rolek noted it to be approximately $2,500. . . CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 5 Councilmember O'Neill inquired why the land owned by the City did not increase in value when the land of the residents increased. Rolek explained the land owned by the City is reflected at historical value. He noted the last appraisal was completed in approximately 1991 or 1992. Mr. McDonald stated the report was prepared based on generally accepted accounting standards. Mr. McDonald presented Finance Director AI Rolek with the Government Finance Officers Association's Distinguished Budget Presentation A ward. He noted this is the first year Shorewood has been a recipient of this award. He further explained considerable work is involved in qualifying for this award and it was ultimately awarded to only 17 recipients in the state of Minnesota. Mr. McDonald also presented Rolek with a Certificate of Achievement for Excellence in Financial Reporting. This is the fourth year in which this achievement has been presented to Shorewood. Mayor Dahlberg congratulated Rolek and Hurm for their performance in this area. 7 . PARKS - Report by Representative A. Report on April 29 Park Commission Meeting Commissioner Ken Dallman reported on the matters considered and actions taken at the April 29, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). B. Report on Park Commission Consideration Regarding Snowmobile Report Former Snowmobile Task Force Co-Chair Virginia Kolstad reported on the end of season information which has been provided. Information was compiled by Officer Keller through his tour of duty on the trail. Data derived from 911 complaints and police logs was also provided for the Council's review. Ms. Kolstad felt the enforcement this year did have an impact on the complaints which were received. A total of 13 residents fIled complaints this year compared to 23 residents in 1996. Not all were relative to the trail, but complaints also included trespass. Hurm pointed out there had been a campaign in 1996 to encourage residents to call in their complaints. A calendar of total patrol days and the number of citations and warnings issued was compiled for the Council's review. Total hours patrolling in December were 74 hours. Total hours in January were 33, February, 54, and March, 21. Ms. Kolstad was unsure of the accuracy of this information. These hours reflect only those logged by Officer Keller. Ms. Kolstad felt Officer Keller was very proactive in providing additional education, assisting people and patrolling various areas at varying times. Councilmember O'Neill requested a work session be set for further review of this matter. He felt the Council needs to discuss this matter prior to taking any public testimony on this issue. Councilmember McCarty noted the Park Commissioners felt the time has come for the Council to make a decision. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 6 Councilmember Stover was in agreement with Councilmember O'Neill that the Council should meet in a work session and decide how to proceed on this matter,. Mayor Dahlberg directed staff to include this topic on a future work session. Councilmember Stover suggested completing discussions of the Comprehensive Plan and the Capital Improvement Plan prior to discussion of this issue. Councilmember McCarty was in agreement with Councilmember Stover. Dahlberg moved, O'Neill seconded to discuss the setting of a work session relative to snowmobiles at the end of the meeting. Motion passed 5/0. 8. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their May 6, 1997, meeting (as detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Location: Mike Greer 6020 Galpin Lake Road . Councilmember O'Neill inquired what portion of the land is wetland. Nielsen stated approximately 2,173 square feet would be wetland. There is a fence which encompasses the wetland itself. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-38, "A Resolution approving a simple subdivision for Mike Greer, 6020 Galpin Lake Road. " Motion passed 5/0. B. Request by Jay and Dory Venero Regarding Greenhouse, 5985 Seamans Drive I. A Motion to Adopt an Ordinance Amending Section 1201.03 of the Shorewood Zoning Code Mayor Dahlberg inquired whether an amendment to the ordinance would be adjusting for very . small houses on a large lot and, in effect, liberalizing the possibility of accessory space. Nielsen stated this amendment is limited to greenhouses. It relates to the size of the lot. The provisions refer to extraordinary lot size, additional side yard setbacks, design and landscaping. Anyone with a smaller home on a larger lot would be eligible for similar treatment under a Conditional Use Permit for a greenhouse. Councilmember O'Neill summarized the issues discussed by the Planning Commission relative to this matter. He requested an opinion by the City Attorney relative to the approval of a variance. Attorney Dean stated the approval of the variance could be subject to challenge by a third party. He noted he has not had an opportunity to review this matter. He further noted the Council could be setting a precedent for other accessory uses. Councilmember O'Neill felt this precedent would be in existence for a one year period of time. Attorney Dean felt this could be an issue which would have to be addressed in remaining consistent with the rules. . . CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 7 Councilmember McCarty stated historically the Council has been very careful in complying with the criteria for granting a variance. Councilmember Stover noted her agreement and did not feel this situation to be appropriate for a variance. She cautioned ordinances should not be written f0r a specific case. A change in the ordinance should only be made when it is determined to be a reasonable change. She felt the recommendation of the Planning Commission to be very reasonable. Mayor Dahlberg summarized the two choices would be to approach this issue as a change in the ordinance or to grant a variance. Councilmember O'Neill did not feel there to be a good solution to this situation. He was m agreement with the Planning Commission's recommendation. He noted he would not be comfortable with granting a variance. Mayor Dahlberg felt a change in the ordinance would be reasonable in that this universalizes the benefit and other residents would be able to take advantage of this amendment. Nielsen provided a list of Conditional Use Permits which have been granted over the past two years. It depicted the zoning, lot size, floor area of the principle dwelling and proposed accessory space. Councilmember Stover did not feel this to be a variance case since the property is zoned residential, has an adequate house with an adequate garage and can be put to a reasonable use. Stover moved, McCarty seconded adopting an Ordinance amending Section 1201.03 of the Shore wood Zoning Code Regarding Accessory Structures. Motion passed 5/0. i i. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Variance for Accessory Space to Exceed the Floor Area of the Principal Dwelling (This item was stricken given the action taken on Item 8B(I).) iii. A Motion to Direct Staff to Prepare Findings of Fact Regarding Conditional Use Permits for Accessory Space in Excess 0 f 1200 Square Feet, a Special Home Occupation Permit, and a Special Purpose Fence Stover moved, McCarty seconded adopting RESOLUTION NO. 97 -39, "A Resolution Granting Conditional Use Permits for accessory space in excess 0 f 1200 square feet, a Special Home Occupation Permit, and a Special Use Fence to Jay and Dory Venero." Motion passed 5/0. Mayor Dahlberg recessed the meeting at 9:23 p.m. and reconvened at 9:32 p.m. 9. CONSIDERATION OF A MOTION AUTHORIZING SAFETY IMPROVEMENTS FOR THE SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH Councilmember McCarty felt this would be a good improvement for this intersection at an approximate cost of $2,900. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 8 Councilmember O'Neill inquired relative to the impact on visibility to the east at this intersection. Brown stated visibility is actually improved. He felt in turning to; the west the impact would be minimal. Councilmembers O'Neill and Garfunkel felt the visibility in this area to be poor and questioned whether these improvements will have an impact on visibility. Brown stated the intersection will be reviewed to determine what, if any, impacts will occur. He suggested meeting with Councilmember O'Neill at the intersection to review his concerns. Councilmember Stover asked if the home owner is satisfied with the proposed solution. Brown noted he is in favor of this solution. McCarty moved, Stover seconded authorizing safety improvements for the southeast quadrant of the intersection of Smithtown Road and Eureka Road South not to exceed $3,000. Motion passed 5/0. 10. CONSIDERATION OF A MOTION AUTHORIZING EXPENDITURE OF EQUIPMENT REPLACEMENT FUNDS FOR DRAGGING EQUIPMENT FOR ATHLETIC FIELDS . Councilmember McCarty was pleased the Little League will be able to see their funds put to good use. McCarty moved, Garfunkel seconded authorizing expenditure of Equipment Replacement Funds for dragging equipment for athletic fields. Motion passed 4/1. (Councilmember O'Neill was the dissenting vote.) 11. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported road restrictions are now off. Smithtown Meadows development was shut down while the builders replaced tree protection fencing as well as silk erosion control fencing. The Heritage Project has been experiencing a problem with mud and debris on the street. This . does not appear to extend into an existing neighborhood. Silk fencing may need to be required across the entire front of the lot to resolve this problem. A pre construction meeting was held relative to the Watten Ponds project. A special site meeting was held to discuss erosion control and tree protection. Requirements for the project were discussed. A weekly meeting has been established among the four primary individuals responsible for inspection of the environmental aspects of this project. Councilmember O'Neill asked what penalty would be assessed in the event a developer cuts down trees which have been designated to be preserved. Nielsen explained there would need to be prior approval. If this approval is not obtained, the developer would be subject to tree replacement. Mayor Dahlberg noted the trees to be preserved are marked and inventoried. Nielsen stated he will be attending a meeting relative to trade-offs in which trees which were marked for removal may be saved and a different tree taken out. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 9 Councilmember Stover recalled tree removal people used to be licensed. She questioned whether the developer cuts the trees himself or whether he uses a tree removal person. Brown stated the developers typically have their own subcontractor who performs the tree cutting. Brown was unaware whether or not the City could require a developer to have this particular subcontractor licensed. Councilmember Stover noted the motivation for licensing tree removal people was a safety issue to ensure training and insurance. Attorney Dean stated he will review this matter. Mayor Dahlberg felt it would behoove the Council to be very clear the tree preservation plan will restrict the developer from making a decision to remove a protected tree regardless of the sanction which will be imposed. Attorney Dean commented if a developer violates any provision of the PUD or the development plan, the property reverts back to the prior zoning which was in place on the property. . Nielsen expressed concern if a developer can do a better job of preserving more trees by an adjustment which would remove a tree which was originally determined to be saved, but he saves two other trees, he felt the net affect would be what the ordinance is looking for. Mayor Dahlberg felt staff may want to review the feasibility of formalizing the process of those types of decisions being made in the field. Councilmember O'Neill would prefer to see a fme rather than tree replacement given the fact a developer could remove a tree from another project for replacement of the tree which was removed. Councilmember O'Neill asked for comment from Attorney Dean relative to a possible fine. Attorney Dean explained there would not be a statutory limit on the amount of the fine, however, he felt it should be made clear the fine is not a criminal penalty, but an administrative sanction. He also felt the fine should be progressive in nature. Mayor Dahlberg directed staff to explore the possibility of an administrative policy sanction for developers violating the tree preservation plan as well as a procedure to monitor the plan. Nielsen suggested a Council subcommittee to address an approval process in the event a developer may want to make a change from the exact tree plan in which he would remove a tree which was scheduled to be saved, but save two other trees in the process. Councilmembers O'Neill and McCarty will meet with staff to address this issue. . B. Discussion of Ability to Help Flooded Areas Brown suggested if Council were inclined to send equipment, he would suggest a city operator be sent along for operation of the equipment. He further suggested if personnel were to be offered that it be on a volunteer basis. Hurm pointed out the employee would receive their regular pay. Brown stated liability and the costs of being away from city premises are considerations which need to be addressed. Hurm suggested this matter be referred to the City Attorney for his review. Mayor Dahlberg commented there may be a profound need in the Grand Forks area for mechanical personnel. He further commented on the City's experienced mechanical staff which may be interested in assisting in the clean-up efforts for a couple of days. Mayor Dahlberg suggested staff review the liability issues relative to supplying some mechanical assistance. Once a report is received, Council will give this matter further consideration. C . Report on School District Request for Safety Improvements CITY COUNCIL REGULAR MINUTES MAY 12, 1997 . PAGE 10 Hurm stated one option would be to request staff review these items and report back to the Council. Councilmember Stover was in favor of this suggestion. Brown stated a majority of the items are issues being discussed through the Comprehensive Plan as well as the Capital Improvement Plan process. Mayor Dahlberg directed staff to review this matter and report back to the Council. D . Report on Emergency Siren Repair Hurm noted all of the sirens have been tested and are all functional. They will be monitored to ensure they remain functional. 12 . MAYOR & CITY COUNCIL REPORTS Discussion of Work Session to Discuss Snowmobile Issue Councilmember O'Neill suggested setting a work session to discuss the snowmobile issue. Councilmember McCarty did not want to wait until September to discuss this, however, she felt th~ water policy to be a priority item. She requested the Council devote attention to each item as it . arIses. Mayor Dahlberg noted the Council appears to be in agreement to address this matter as soon as possible, however, the Comprehensive Plan and the Capital Improvements Plan are a priority. Councilmember O'Neill noted the priority list for 1997 has been provided. Hurm will attempt to add this to the next agenda for consideration. Councilmember O'Neill asked the Councilmembers to keep the priority list in mind. Councilmember McCarty reported she was contacted by a member of Penny Steele's staff inquiring as to the issues the communities are dealing with. She commented she did mention the Mayors Meeting on May 29th and it was noted Ms. Steele may be in attendance. Councilmember Stover reported the Friends of the Southshore Center have been discussing the difficulty of the intersection at County Road 19 and Smithtown Road. This matter will also be brought to the attention of the Tonka Bay Council. Councilmember Stover explained she had contacted Penny Steele's office and spoke with staff there relative to this matter. She also suggested the City contact the Hennepin County Commissioners relative to this issue. . Nielsen reported an offer had been received from Hennepin County engineers to assist in a study of this intersection. Consideration of this matter received a low priority in relation to other issues on the priority checklist. He suggested this may be a higher priority item now than it was a year ago when the priority list was initially established. Mayor Dahlberg noted with the Southshore Center opening, there will be increased traffic in the area as well as an increase in the number of people who are not familiar with this intersection. Nielsen stated this process with the County can be initiated at any time. He felt the study would be largely at the expense of the County. In addition, Brown pointed out the cost of the signal would be apportioned between the County and the cities of Shorewood and Tonka Bay. The City would probably be able to use state aid funds for payment of its share. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 . PAGE 11 The consensus of the Council was to direct staff to proceed with the study, however the Council is to be informed of any costs which would be incurred. Mayor reported he has received more e-mails and telephone calls relative to the antenna situation. He noted the Planning Commission will be holding a public hearing relative to this issue. Councilmember Garfunkel noted his understanding of the Telecommunications Act that placement cannot be denied based on environmental concerns. . Mayor Dahlberg reported on information he has reviewed relative to a possible moratorium on the placement of antennas. Attorney Dean will be sending a representative to the public hearing to address the legal aspects. In addition, there will be an electrical engineer present who has reviewed the RFR plans. The FCC has been contacted relative to their position on the environmental impact of these types of antennas. A number of reports have been cited relative to environmental concerns and staff will make an attempt to provide these for the Planning Commission's review. Mayor Dahlberg expressed concern that everyone have an opportunity to discuss this matter completely prior to a final decision being made. Attorney Dean stated there are limitations on the power of the City to regulate in the area of health affects. He noted a representative will be present to comment on those matters as well as scientific studies which are being undertaken. Mayor Dahlberg directed staff to consider holding the public hearing relative to this issue at the Minnewashta School. Establish Open Forum Meeting Topics for Next Month . Councilmember Stover responded to a concern raised by the Planning Commission regarding the Open Forum Meetings and the perception that it is a secret meeting. She noted the goal is to achieve better communication, but she felt more thought needs to be put into how to achieve this. Councilmember Stover suggested possibly a town meeting could be held on a Saturday. Councilmember McCarty was in favor of a separate day and separate time for the meetings. Councilmember Stover suggested holding the open forums on a work session evening to allow for recording of minutes. In addition, she suggested the Councilmembers take some time and give consideration to the issues they may want to schedule for discussion. Councilmember O'Neill asked for a report on the copy duplicator from Metro Sales. It was reported the software malfunctions have been resolved. CITY COUNCIL REGULAR MINUTES MAY 12, 1997 - PAGE 12 13. ADJOURNMENT Stover moved, O'Neill seconded to adjourn to Executive Session at 10:47 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD MONDAY, MAY 12, 1997 COUNCIL CHAMBERS EXECUTIVE SESSION FOLLOWING REGULAR MEETING MINUTES EXECUTIVE SESSION DRAFT 1. Mayor Dahlberg opened the meeting at 11:00 p.m. Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'N€ Garfunkel; City Administrator Hurm; City Attorney Dean; City Engineer Brown; Finance Director Rolek and Planning Director Nielsen. Absent: None 2. DISCUSSION OF LITIGATION MATTERS City Attorney Dean reviewed for the City Council several pending legal matters. He reviewed for them options in the Cabalka case and brought the Council up to date on the Johnson case. There was discussion on whether or not the City should appeal the latest Johnson case decision. 3. ADJOURN There being no further business the meeting was adjourned at 12:27 p.m. RESPECTFULL Y SUBMITTED. James C. Hurm, City Administrator ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR -f:F;2.B CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDA Y, MAY 19, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:45 P.M. 1. MINUTES CONVENE CITY COUNCIL WORK SESSION DRAFT Mayor Dahlberg called the meeting to order at 6:50 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; and Administrator Hurm attended the discussion portion of the meeting. B. Review Agenda 2. INTERVIEW APPLICANTS FOR VACANCY ON PARK COMMISSION . This portion of the work session was held in open session in the Conference Room at City Hall. Interviews of approximately 10 minutes in length were conducted with Roxanne Martin, Peter Hajjar, Ann Packard and Chuck Cochran for the purpose of filling the vacant position on the Park Commission for the remainder of 1997. Following the interviews, discussion was held by the City Council. All members of the City Council were very impressed with the quality of the four individuals interviewed. A majority of the members of the City Council indicated that Ann Packard's name should be placed on the appointment resolution for consideration at the next City Council meeting. The other candidates should be asked to resubmit their names for reconsideration at the end of the year when more openings will be available on the Commission. This portion of the work session was adjourned at 7:43 p.m. 3. COMPREHENSIVE PLAN AND CAPITAL IMPROVEMENT PROGRAM REVIEW . The work session was reconvened in the Council Chambers at City Hall. Paul Kachelmyer, MNDOT, made a presentation to the Council. Kachelmyer distributed a diagram of the improvement projects which are planned for State Highway 7 between Highway 41 and St. Bonifacius for the next three years. For the current year, the road will be repaved as exists. It is anticipated the safety improvements for the next 10 to 15 years will be completed in the year 2000. Kachelmyer stated the shoulders of the roadway will be paved, lO-foot wide black top, at some point in the future. It is also intended that all of the intersecting streets which pose a safety concern along that stretch will be closed. In some cases, turn lanes will be added. A signal light is planned as well for the intersection of County Road 19 and Smithtown Road due to the amount of traffic in that area. Mr. Kachelmyer explained in the situation of an existing road where all of the land surrounding it has been developed, the intent would be to make that road safer or able to handle larger volumes of traffic. The way this is accomplished is to reduce the number of access points and make the remaining access points function well. .~~e,. CITY COUNCIL WORK SESSION MINUTES MAY 19, 1997 - Page 2 Mr. Kachelmyer explained MNDOT prqposes closing half of the existing access points in order to improve the others. He further explained there is a potential for the State to offer a program whereby if the City is willing to proceed with the work of closing the access points and constructing frontage roads which would allow other access points to be closed, the State would generally be willing to provide the funds for this type of project. If the City were to choose not to propose that work to be completed, the State would then close the access points in the year 2000 and the opportunity to obtain State funding to improve Yellowstone Trail and create the frontage roads would be lost. Councilmember Stover commented :MNDOT had striped Highway 7 to the west with the intent it would expand to five lanes at some future point. Mr. Kachelmyer did not feel this expansion would occur. Engineer Brown commented the City has the opportunity to obtain funding beyond the cost of a particular project when an effort is made to combine several different projects. Councilmember O'Neill inquired relative to community input. Mr. Kachelmyer noted the State will. hold public meetings relative to the proposed work. Planning Director Nielsen explained it had been contemplated the City would hold neighborhood meetings. Mr. Kachelmyer stated if this was done at the City level, there would not be a need for NINDOT to hold further hearings. Brown inquired whether the funds are separate from state aid type funds in which participation would be a consideration, or since there are safety improvements, if there are some amenities which are included. Mr. Kachelmyer explained these particular funds can be allocated as MNDOT sees fit. :MNDOT had recognized that projects can be accomplished easier and less expensively by the individual cities rather than by:MNDOT. Administrator Hurm asked what the standards would be for the roadways. Mr. Kachelmyer stated because they are not considered state aid roadways, the standards and specifications would be determined by the City. Mr. Kachelmyer stated he will be making a proposal for the work to be completed over the next three years and explained he will need to know whether or not the City is willing to proceed with . the closure of the access points. He noted he will be back before the Council at some point this . summer seeking.approval of the plan. Planning Director Nielsen explained the City has identified the intersection at Highway 41 as an area in need of improvement. As a part of that project, it is anticipated the Lake Linden access would be closed and that traffic would be brought to a signal light intersection on Highway 41. There have been a number of complaints relative to the traffic on Wood Drive. It was noted there is no right turn lane available in this location. During the corridor study, some of the residents of this neighborhood felt the neighborhood would be receptive to this idea. It is anticipated that Pleasant Lane, which is the connection between Yellowstone and Highway 7, will be straightened and a turn lane constructed to make this a better intersection. Seamans Drive is considered one of the worst intersections because of the intersection with Yellowstone Trail and the close proximity to the highway. The access at Seamans Drive would be closed and Yellowstone extended. An improved turn lane would be constructed in the Eureka area. Moving farther to the west, it was suggested two or three access points would be eliminated, brining them over to Eureka which is the collector street. . . CITY COUNCIL WORK SESSION MINUTES MA Y 19, 1997 . Page 3 Councilmember O'Neill questioned the need for a frontage road between Eureka and Seamans Drive. Nielsen stated this would allow for residents to travel about Shorewood without having Ito enter the Highway. . Councilmember O'Neill questioned whether this work would actually be necessary. He raised concerns relative to the costs of maintaining these areas. Nielsen stated there is a senior development anticipated for the area in question and this would allow for seniors to travel the frontage road to the Shore wood Shopping Center as well as Excelsior without having to utilize Highway 7. This would also apply to people utilizing Freeman Park. Councilmember Stover commented for some time it has been felt that an additional street would be necessary east/west to alleviate some of the traffic in the area. Councilmember O'Neill remarked that other than in consideration of the anticipated senior center, he did not feel there to be sufficient traffic to warrant the addition of a frontage road. Mayor Dahlberg noted it would be important to gather neighborhood input in this regard. He also questioned whether there would be substantial increases in traffic given the fact Shorewood is almost completely developed. Engineer Brown commented the Shorewood population will probably not increase, however, the traffic on Highway 7 will continue to increase dramatically. Nielsen noted his agreement. Councilmember Stover felt it important to close private driveway accesses onto Highway 7 and provide a safer access to and from those homes. Councilmember O'Neill stated he was not opposed to any of the access closings, however he was not in favor of a frontage road. Mayor Dahlberg stated he would not promote a dramatic change. He expressed a desire to study all of the alternatives for developing the subject areas before making a decision. Mayor Dahlberg felt it would be legitimate to frame what is going to happen in terms of one set of defined values relating to road safety, closing accesses and traffic flow, however, he felt there to be other values involved in this context which are equally important. He felt there may be a number of competing values which need to be considered. Mr. Kachelmyer stated he will need a response from the Council within two months, otherwise he will need to propose the plan from the perspective of MNDOT completing the work. Mayor Dahlberg did not feel this time frame would be feasible. Mr. Kachelmyer stated he would need a feeling of guidance from the City as to whether or not the City wishes to pursue these projects. Brown felt staff and Council could work together to develop a plan to be presented to MNDOT and then seek public input. The Council would have the option of telling MNDOT that the plan failed from the public standpoint and approval would be denied. Mayor Dahlberg was not in favor of this process. Councilmember McCarty explained the Council will only need to express a desire to consider this matter and then hold public hearings to obtain input from the residents. After that input is received, a final decision can be made by the Council. Councilmember McCarty felt the City would be better off doing this work on its own since the City and its residents will have more input into the project. CITY COUNCIL WORK SESSION MINUTES :MA Y 19, 1997 - Page 4 Mayor Dahlberg inquired as to the steps taken once a plan is submitted to MNDOT. Mr. Kachelmyer stated given the amount of acc:ess closure anticipated, the City could request sufficient funds to construct the continuation of Yellowstone Trail. The City would not be responsible for payment of the project. Mr. Kachelmyer explained it is the responsibility of MNDOT to consider the safety of people using Highway 7. He felt if the access points are not addressed, there will be a significant potential for injuries and/or deaths in these areas. Mayor Dahlberg wanted to ensure the Council makes a decision based on the desires of the citizens as opposed to agreeing to a plan simply to obtain State funds. Councilmembers Stover and McCarty did not feel the plan would be accepted for the purpose of obtaining State funds, but that the plan would be accepted for the improvement it brings to the City of Shorewood. Councilmember Stover noted the funds are simply a benefit to the plan. Mayor Dahlberg recessed the meeting at 8:47 p.m. and reconvened at 8:55 p.m. Strawberry Lane . Engineer Brown reported the Watershed District will allow the reconstruction of Strawberry Lane without the requirement of a NURP pond as long as it remains in the existing footprint. Based on the Watershed District's directives, OSM has been instructed to complete plans and specifications for a reconstruction of the roadway at the current width of approximately 20 to 22 feet wide without curb and gutter. A number of minor improvements will be considered in an effort to alleviate some of the drainage problems in the area. A drain tile will be placed the length of Strawberry Lane and will be placed on both sides of the roadway with a rock shoulder. MNDOT has recommended this procedure over the years in an effort to allow for drainage of the sub soils. It is anticipated this work will lengthen the service life of the roadway. Concern were raised by the residents in the area relative to the speed of cars traveling northbound . on Strawberry Lane. It was proposed that adjustments would be made to the curve at 62nd Street, , making it a sharper turn, resulting in a slowing of the traffic. The neighbors present at the neighborhood meeting were in favor of this solution. Brown noted he will be attending a meeting which has been scheduled with the Watershed District. He farther noted at this point, he anticipates holding an informal neighborhood meeting to discuss this project. Hurm suggested the Council make a decision whether or not this work will be completed without a special assessment. If the work is not assessed, the construction would require approximately $503,000 annually. When assessment funds are used, assessed at one-third of a typical rural 24- foot cross section, approximately $285,000 would be required annually. Mayor Dahlberg inquired whether the Council would be inclined to consider an assessment policy, or if they would prefer to complete the Strawberry Lane project and then consider an assessment policy at some point in the future. . . CITY COUNCIL WORK SESSION MINUTES MAY 19, 1997 - Page 5 Hurm inquired whether a pavement reclamation would be a better plan than a reconstruction of the roadway. He questioned whether a reclamation could be completed at a third of the cost as well as a third of the time, allowing the Council time to decide on a policy. Brown did not feel a reclamation would address the subgrade problems which exist on-Strawberry Lane. He stated a pavement reclamation would be adequate for approximately 10 to 12 years at approximately 60 percent of the cost. Councilmember Stover recalled Strawberry Lane was not previously addressed because of the lack of an assessment policy at that time. She recalled the first Assessment Policy Task Force was convened in the early '70s. To date, there has not been an assessment policy established. Councilmember Stover noted the Task Force had discussed that any lot which is dividable, the assessment would be deferred until it is subdivided. She farther recalled the Task Force had been established due to the requests which were made by area residents who expressed an interest in having their streets rebuilt. Councilmember Stover commented if the Council is going to establish an assessment policy, a financing policy will be needed to keep the assessments as fair as possible and keeping the work as cost effective as possible. Mayor Dahlberg felt residents would question why the assessment would not be included as a part of their property taxes. Councilmember Stover noted there are a number of public hearings which would be held and at that time the Council would be made aware of any neighborhood which would be opposed to this type of assessment. Councilmember Garfunkel expressed concern with requiring the residents of Strawberry Lane to pay for the reconstruction of Strawberry Lane when many residents in the city utilize this road to commute throughout the city. This would result in significant wear to this roadway. Councilmember Garfunkel inquired what action the Council would take if the residents expressed opposition to the reconstruction of Strawberry Lane. - Hurm commented reclamation technology is a relatively new process and was not an option which was available at the time the issue of Strawberry Lane was discussed. Mayor Dahlberg felt there may be options other than an assessment available. He stated if it is going to be difficult to complete projects such as Strawberry Lane on an assessment basis, he asked why the Council would not be planning to communicate to the residents of Shorewood that a tax levy and/or an increase in the tax levy is being considered over a specified number of years in order to pay for the roadway reconstruction. Councilmember O'Neill expressed that a high tax bracket would pay a disproportionate share of the cost of rebuilding the roads. Councilmember Stover recalled the Task Force had considered how much property taxes would need to be increased if property taxes alone were going to pay for roads if that method were used, there may be more neighborhoods requesting their roads be rebuilt since the funds to pay for the work are a part of the General Fund. Concern had also been raised relative to not taxing the seniors out of their houses. The Task Force felt this method would eliminate the fixed income household. Mayor Dahlberg inquired how an assessment would affect those same households. Councilmember Stover noted residents over age 65 on a fixed incomes would be eligible for a deferment. Councilmember McCarty felt although this is a difficult decision to make, it is time for an assessment policy to be established for the benefit of the entire city. CITY COUNCIL WORK SESSION MINUTES MA Y 19, 1997 . Page 6 Brown felt an assessment policy would take considerable discussion and debate, yet there is a public process which needs to be considered. He expressed concern with setting a precedent if the work on Strawberry Lane were to be completed without the benefit of an assessment policy. Councilmember Stover felt the residents of Strawberry Lane are aware of the assessment policy which has been discussed over the past couple of years. She felt the infrastructure of the City to be the responsibility of the Council. This infrastructure needs to be maintained and that maintenance needs to be paid for. She felt the question to be who will be paying and for which project. Councilmember O'Neill felt it was unfortunate an assessment policy had not been adopted at an earlier time. He questioned whether a set fee could be imposed which would fund road improvements and maintenance throughout the city as opposed to a levy where a group of people pays more and another group pays less. Hurm did not think this was an option, however, he will research the matter. Brown stated there can be unit assessments which would be assessed on a street by street basis. Mayor Dahlberg felt the residents of Shorewood agree that their street is part of the universal infrastructure of the city. Because of that, he felt the assumptions tends to be that there would be a universal or unit assessment for that. Councilmembers O'Neill and McCarty felt this to be a common procedure for most municipalities. . Hurm noted there had been a debate relative to whether or not residents living along MSA and/or collector streets would be subject to an assessment for street repairs. Councilmember Garfunkel remarked it would be difficult to complete the work on Strawberry Lane this year even if the City were to establish an assessment policy given the pubic hearing process. Brown felt it may be possible, however reconstruction would probably not be able to begin until October. Councilmember O'Neill inquired whether patching could carry the road over for another year. Brown felt the road would be in difficult shape, however, it would be possible to continue patching. Brown noted the streets have been inventoried and a priority list developed for completion of street ~~ . ~ Mayor Dahlberg suggested this may be an issue to be discussed at an open forum meeting. Councilmember O'Neill noted the roads need repair and that work needs to be paid for, therefore, he felt an assessment to be the fairest way to handle the situation. Brown suggested possibly utilizing Strawberry Lane as an example and performing an informal survey to obtain resident input. He commented he did not feet a reclamation would achieve the best cost per dollar. Mayor Dahlberg asked to see a spreadsheet relative to road reconstruction as well as the revenue sources and fund totals for those years. Hurm noted it would be difficult to estimate the year in which a particular road would need reconstruction. Brown stated an engineer can only make a best estimate when the roadway is going to need to be reconstructed. He pointed out there are some indicators which assist in this estimate. Councilmember O'Neill did not feel it would be necessary to have spreadsheets relative to this situation. Councilmember Garfunkel stated Strawberry Lane needs to be addressed and other projects will flow from that decision. . . CITY COUNCIL WORK SESSION MINUTES lVIA Y 19, 1997 - Page 7 Councilmember McCarty pointed out four of the Councilmembers are expressing a desire to review an assessment policy. She felt the way in which the Council performs due diligence for the City is to establish a policy prior to the reconstruction of Strawberry Lane. Mayor Dahlberg stated he could not vote on a policy without a plan for road reconstruction which can be compared to the annual budget relative to that plan. He commented that information may suggest there is cash flow adequate for the project and then a determination would need to be made relative to distributing it to various projects. Councilmember Stover felt the Council could budget a certain distance of roadway to be addressed every year. Brown stated a reconstruct is not always the answer. There are other options such as sealcoats and overlays on newer roadways which will strengthen and prolong the life of the roadway. The dollar spent on preventative maintenance is worth twice the dollar of reconstructing. Councilmember O'Neill suggested getting an written response from the Watershed District relative to the time frame in which Strawberry Lane can be addressed. Brown noted a plan could be submitted and approved prior to the Council making a decision relative to payment of the project. Senior Housing Councilmember Stover inquired whether or not there is an existing proposal for senior housing. Nielsen noted he has a meeting scheduled on Friday relative to such a proposal. Councilmember Stover noted there to be a number of reasons seniors want to move out of their homes into another home of a certain style in the area. Councilmember O'Neill inquired relative to fees which are imposed on this type of project. Nielsen noted local sanitary sewer access. charges and park dedications fees are reduced for development of senior housing. He further commented the has been some consideration given to a reduction in the water assessment fees. Councilmember O'Neill felt density would be an issue he would like to address relative to senior housing. He inquired as to the proposal which will be submitted later in the week. Nielsen stated he has viewed a sketch of the proposed development, however, the developer is working on the number of units which will be necessary to proceed with this plan. Councilmember O'Neill questioned whether senior housing could happen in Shorewood given the costs of land. Councilmember Stover felt it could be possible. With respect to density, she felt the size of affordable housing would be one story and small in size such as cottage style homes. Councilmember O'Neill and Mayor Dahlberg felt density to be the main concern to the residents. Councilmember Stover felt it necessary to have background information relative to the developer regarding such things as other projects they have completed, fmancial background and where the funds will be obtained for their project to ensure their follow through on the project. Hurm suggested offering assistance to the developer in obtaining TIP with the provision the City would retain title to a portion of the development and once specific requirements are met, the developer would receive the title. CITY COUNCIL WORK SESSION MINUTES MA Y 19, 1997 - Page 8 7. ADJOURNMENT Dahlberg moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 10:58 P.M. RESPECTFULL Y SUBMITTED. Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . ;,. 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.neUshorewood · cityhall@shorewood.state,net MEMORANDUM FROM: TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works If' . DATE: May 25, 1997 RE: Authorization for Advertisement for Bids Bituminous Seal Coating for Streets This item is consideration to place an Advertisement for Bids for the Bituminous Seal Coating of streets within the Cities of Shorewood and Tonka Bay. By joining projects with the City of Tonka Bay, theoretically the bid price should be lower as an economy of scale. Shorewood has offered to administer the contract this year. In the past, Tonka Bay has administered the contract. Staff is recommending that the following streets be sealcoated this summer. . Cajed Lane Afton Road West 62nd Street Country Club Road Beverly Drive Cathcart Drive Boulder Bridge Lane Boulder Bridge Circle Boulder Bridge Drive As part of the Capital Improvement Program, the City budgets $30,000 for sealcoating each year. Based upon this amount, the above streets are recommended for this year project. This motion will also be forwarded to the City of Tonka Bay for their consideration. If approved by both cities, the advertisement will be placed in the official newspaper and the Construction Bulletin. Once bids have been accepted and approved by the City Council, staff will mail notices out to the residents along these streets. In addition, temporary no parking signs will be posted the day before the sealcoating begins. If acceptable, a motion to authorize placement of an Advertisement for bids for bituminous sealcoating of streets within the Cities of Shorewood and Tonka Bay would be in order. A Residential Community on Lake Minnetonka's South Shore . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR & SPECIAL SUNDAY SALES 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 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 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 Minnetonka Country Club Address 24575 Smithtown Road Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 27th day of May, 1997. . Tom Dahlberg, Mayor ATIEST: James C. Hurm, City Administrator/Clerk fI:: 3 B J~~ ~ Minnesota DepartmCDt of Public Safety LIQUOR CONTROL DIVISION 444 Cedar SI., Suite 100 L, SI. Paul, MN 55101-2156 Fax (612)297-5259 (612)296-6430 TIY (612)282-6555 CERTIFICA TION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or released until the S20 Retailer ID Card fee is received by MN IIqllorControl "' "...... P' .., ... . .-- ,.- .., -. L/<. 0<- '}o ") ~u.*, Workers Compensation Insurance Company 7L s..J-. () ^ Jl. Policy# UI v A I.. 3'0 ~~ "f"7 LlCENSEE'SSALES &USETAXID# 80.780.11 S Toa I forsalestaxnumber,caIl296-618Iorl-800-657-3777 ISSUING AUTHORITY COUNTY OF Hennepin DOB Trade Name or DBA c Minnetonka Country Club City 4575 Smithtown Rd. (PO Box 360 Exce sior) CITY OF Shorewood Licensee Namc (Corporation, Partnership, Individual) Minnetonka Countr Club Assn.I Business Address Shorewood Zip Code 55331 License Type (Check one or both) License Period County ~Sale ~Sunda From 6-1-97 To5-31-98 Henn. On Sale License Number On Sale Fee Sunday License Number Sunday Fee Business Phone 3585 7 500.00 3585 200.00 0.70.-5222' If a artnenbi state tbe Dame and address of each artner: If a co oration state tbe Dame and address of each offICer. Partner/Officer Name (First, middle and last) DOB Title Address Bohdan Witrak /30! 5 Pres. PO Box 218 Excelsior, Mn. 553 1 Partner/Officer Name (l-'irst, middle and last) Ruth B. Witrak DOB Title 1/18 19 VP Address Same Partner/Officer Name (First, m.iddle and last) DOB Title Address The Licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Cleek one A. Liquor Liability Insurance (Dram Shop) - $50,000 per person; $100,000 more than one person; SIO,OOO Property Deslroction; S50,000 and $100,000 for loss of means of support. or DB. A bond of a surety company with minimum coverage as specified above in A. or A certificate from the State Treasurer that the licensee has deposited with thc Slate, Trul>1 Funds having a market value of S 100,000 in cash or securities. DYes mJIN 0 During the past license year has a SUIIUDOns been issued under the Liquor Civil Liability Law (Dram Shop)? If es, attach a co of the summons. Check those items that apply Transaction Type 0 New 0 Revoke/Cancel o Transfer 0 S ion Transfer of ownership from (Name and Address) DC. Circle one Suspeod/Revoke/Cancelled From To I certilY that this license was approved in an official meeting by the governing body of the city or county. Date IMPORTANT NOTICE An relailliquor licensees must han a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco and Firearms. For infonnation call (612)290-3496 PS 9011-94 ,/~:fOF ~~'-" (!j/<~"'~........ !,I .,' I ~~.\""~'!l~' Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar St., Suite l00L St. Paul, MN 55101-2156 612-296-6430 . TTY 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 MN Liquor 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 0 N S S City/County where license approved License Period Ending 05/3 1 /9 7 Shorewood ID# 3585 Licensee Name Minnetonka CC Assn. Inc. Trade Name Minnetonka Country Club Licensed Location address Box 360 City, State, Zip Code Excelsior, MN 55331 Business Phone ( 6 1 2) 474 - 5 2 2 2 LICENSE FEES: Off Sale $ On Sale $ 7, 500 . 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 followin!!: Failure to reoort any of the followin!! 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 of the 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 (5....4. J - (..A./ _~ ~ - p ~ _ Date ~).. ').. L QC1 ) (Signature certifies all above information to be 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 r . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, MAY 13, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 8:00 P.M. MINUTES DRAFT 1. CALL TO ORDER Chair Colopoulos called the meeting to order at 8:00 P.M. 2 . ROLL CALL Present: Chair Colopoulos; Commissioners Puzak, Bensman, Dallman, Arnst, Wilson; Council Liaison McCarty; Administrator Hurm; City Engineer Brown; and Charlie Davis from the Public Works Department. Absent: None. 3 . REVIEW AGENDA Chair Colopoulos added "Discussion of Park Tour #2" as agenda item #7.a. 4 . APPROVAL OF MINUTES Commissioner Puzak moved, Wilson seconded, to approve the minutes as submitted. Motion carried unanimously. 5. MATTERS FROM THE FLOOR . There were no matters from the floor. 6. PRELIMINARY APPROVAL OF FREEMAN PARK PICNIC SHELTER AND TENNIS COURT Administrator Hurm noted that a public hearing is scheduled for the Planning Commission meeting on Tuesday, May 20, 1997. A Conditional Use Permit is required because an accessory building is proposed in the park. He requested that a Park Commissioner be present during this public hearing. Chair Colopoulos volunteered to attend the public hearing. Commissioner Puzak requested that a sign be placed at the proposed picnic shelter location notifying patrons of the park that a public hearing is scheduled. Administrator Hurm said that this information was in the May newsletter and approximately 150 residents were notified of the public hearing with a map highlighting its proposed location. Commissioner Puzak moved, Dallman seconded, to recommend to Council to proceed with the Public Hearing and the plans to build a picnic shelter (approximately 26' x 38') and that the location be marked with a sign prior to the public hearing. (pA .. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MAY 13, 1997 page 2 Commissioner Dallman inquired when the sign would be placed at the park. City Engineer Brown suggested that an existing sign could be modified, stenciling a notification on it, and placing it in the park. Approximate manpower and time would be 6-8 hours for one Public Works' employee. Commissioner Wilson suggested a sign also be placed at the proposed tennis court location because of the large impact on that space. Commissioner Bensman questioned if the sports organizations were notified of the public hearing. City staff will rectify this concern. Commissioner Puzak withdrew his motion. Councilmember McCarty noted that Council receives a form for every public hearing, with options for additional communication with residents. Council did not request signage for this public hearing. Dallman moved, Arnst seconded, that the Park Commission recommend to the City Council to approve the Freeman Park Picnic Shelter in the dimensions and location suggested by the City Engineer. Motion carried unanimously. City Engineer Brown showed the Commission members a catalog of picnic shelters available, and . noted that the recommended shelter was chosen based on several factors: 1) structure is vandal- resistant; 2) beams not accessible to children crawling on it; 3) price is mid-range;4) attractive arched beams; 5) steel poles; and 6) roof shingle design will withhold winter weather conditions. He also reported that $25,000 has been budgeted for this project. Commissioner Arnst inquired about existing roof materials on buildings at the park, stating that she would like the picnic shelter roof to be consistent with other roofs within the park. Council- member McCarty requested that the roof color remain consistent, not necessarily the roof material. City Engineer Brown said that if wooden shakes (roofmg material) were recommended instead of asphalt shingles, an additional 20% cost would be realized. City Engineer Brown stated that the proposed vendor has an established, nationwide business so in the event a second picnic shelter is proposed, the same design would be available. Commissioner Dallman moved, Bensman seconded, to recommend to City Council to approve the construction of the tennis courts, side-by-side on a single pad, and to insure that the playing field funs north-south (not east-west as shown on the public hearing map) and placed in a location between the softball field parking lot and the eastern edge of the park; and within the stipulations of the park budget for the tennis court construction. . Commissioner Puzak commented that this motion does not concur with the current drawing of the tennis court location at Freeman Park. If the tennis courts are to be built as stipulated in the motion, the location of the tennis courts would be turned 90 degrees and moved north of the drawing's current location. He questioned if this action would eliminate future amenities from being built near that location. Engineer Brown responded by referencing the Freeman Park Master Plan, and the proposed amenity affected would be the open, outside hockey rink. The current trend for hockey rinks is indoor arenas, and that option would not be affected. Administrator Hurm was concerned that the recommended location for the tennis court may eliminate. any kind of hockey rink to the north. Chair Colopoulos requested an architectural drawing be available to the Park Commission for evaluation prior to a recommendation of a tennis court location. Commissioner Arnst proposed that the tennis court be deleted from the public hearing, and to table this discussion until a scaled drawing is provided at the next meeting showing the impact upon the master plan and proposed hockey arena. Chair Colopoulos requested that scaled separate pieces of cardboard of the tennis court and hockey arena be provided to reposition during the next meeting. . " . . SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MAY 13, 1997 page 3 Administrator Hurm urged the Park Commissioners to leave the tennis court issue on the public hearing agenda because the approximate location is on the map, and to take comments from the public. Commissioner Dallman withdrew his motion. Commissioner Puzak moved, Arnst seconded, to table the tennis court discussion until the May 28, 1997 meeting when a scaled drawing will be provided. Motion carried unanimously. 7. DISCUSSION OF PARK TOUR #1 Notes from Park Tour #l are attached to, and made a part of, these minutes. Regarding Cathcart Park, it was noted that players should be kept off the playing area for at least two weeks. Signage was requested to "Stay Off Grass", and a letter to the sports organizations be sent regarding suspension of sports activities. Commissioner Wilson stated that the grass will not be "tough turf' until the end of the summer. Chair Colopoulos was under the assumption that activities scheduled at Cathcart have already been rescheduled to other fields. The Park Commissioners agreed that Public Works place a sign "Field Closed Until Further Notice" and to remove the sign at their discretion. Chair Colopoulos requested that Landscape Structures be contacted regarding the chipping of paint on the playground equipment, and to inquire if it is covered under warranty. Commissioners Wilson and Bensman discussed the possibility of placing "Center Car Here" signs at Freeman Park where cars are parallel parking. Additional car space would be available if they parked perpendicular or at a 45 degree angle to the swamp side of the road. Administrator Hurm said that if the games were scheduled five additional minutes apart, parking availability would be better. Charlie Davis, Public Works employee, noted that there are 26 soccer nets on the three designated soccer fields. Commissioner Arnst commented that she would not recommend losing green space to accommodate additional parking space because soccer was overutilizing the soccer fields. Commissioner Wilson stated that the soccer organization was managing for as many children as possible. He suggested inviting Missy Carbonneau, Tonka United Soccer, to attend the next Park Commission meeting. City Engineer Brown stated that numerous phone calls to the soccer organization have been made delineating which fields are designated for soccer. Commissioner Wilson suggested building a storage bin for the soccer nets if space was a problem. Chair Colopoulos stated that guidelines need to be established with the soccer association; as well as their current usage of the fields. Charlie Davis said that the soccer fields were seeded approximately eight years ago. Discussion followed regarding responsibility of the City or Tonka United Soccer for reseeding and maintenance of the soccer fields if overutilization of the soccer area continues. 7.a. PARK TOUR #2 Park Tour #2 will commence on Wednesday, May 28,1997 at 6:00 P.M. at Cathcart Park to re- evaluate the condition of the grass seed. Park Commissioners will continue to Manor Park, then to SHOREWOOD PARK COMMISSION MINUTES TUESDA Y , MAY 13, 1997 page 4 Silverwood, and finish at Badger Park. The regular Park Commission meeting is scheduled at 8:00 P.M. 8 . NEW BUSINESS Councilmember McCarty reported that the City Council will schedule a work session to discuss the snowmobile issues. Councilmember McCarty also reported that the City Council approved purchase of a Sand Pro for dragging the fields. 9 . ADJOURNMENT Commissioner Dallman moved, Bensman seconded, to adjourn the meeting at 9:25 P.M. Motion carried unanimously. RESPECTFULL Y SUBMITTED, Wendy Anderson Park Secretary , a . . . . Cathcart Park Park Tour 5/13/97 Seeding * Recommendation of NO GAMES played at Cathcart all summer. * Charlie has seeded in fall '96, spring '97 and two weeks ago. * Wilson suggested staying off field. * MCES can hopefully reschedule all activities. Picnic Tables * Request six (6) additional picnic tables to be placed in wooded area. Tennis Court * Question was raised if sealing cracks would create more problems than just leaving cracks alone, as the cracks are not creating a safety hazard now. * Two gates to tennis courts need sliding catch ("U" shaped) to latch doors. Playground * Sand out grooves from ice skate blades on curved slide. * Green paint on structure is peeling. Check out warranty on paint with Landscape Structures company. Charlie stated that PW has green paint for equipment. * Motorcycle structure needs three (3) nut clamps (white) - to cover sharp bolts protruding in front area of motorcycle. Freeman Park Park Tour 5/13/97 Field #1 * Larry Brown recommended taking one field out per year for maintenance. This. field should be the first to be completely re-built. * Puzak suggested writing a letter to the sports organizations of our intentions to take one field out of commission each year. Park Commission and/or Public Works will need to prepare a maintenance schedule for each field. Field #2 * Colopoulos would like to see this field a "first -class regulation field", including grass in infield area and rebuild pitcher's mound. . Proposed Picnic Shelter Area * Brown and other Commissioners stood in square marking approximate location of picnic shelter. It will be open-sided, holding 6 tables, and approximately 26' x 38' total ground space. Shelter will have steel posts and wooden arch. * Is this area large enough to handle a family reunion? * Brown noted that catalog has other larger shelters. * Public Hearing scheduled for Tuesday, May 20 at Planning Commission Meeting. . * A second picnic shelter is a possibility, 50' -75' from location of proposed picnic shelter mentioned above. * Discussion of removal of rotting maple tree adjacent to proposed location of picnic shelter. Wilson recommended it be removed for safety reasons. Other Commissioners requested trimming the rotted sections. Wilson stated the tree is rotting in middle of trunk at its base. Consensus was to leave the tree there. * Water Fountain to be placed east of picnic shelter across walking trail. Tennis Courts * Brown noted that it was originally going to be placed in an area which is now a drainage area. Proposed location oftennis courts (two side-by-side) farther south next to parking lot. . . Freeman Park Tour, page 2 May 13, 1997 * Courts have to be positioned so that balls are played north-south; not east-west as currently laid out on map. * Position of tennis courts have to take into consideration the proposed location of a hockey rink north of the softball parking lot. * Puzak suggested that if tennis courts needed to be lower on east side (to make courts level), to make a retaining wall along east side - that may act as a sound barrier from tennis balls for the homeowners adjacent to that location. Concession Building (proposed) * Hurm noted that the proposed permanent concession building location is near the site where the temporary concession trailer is parked. Soccer Fields * Charlie recommended taking 1/3 of the soccer playing area each year (in August) to top- dress it (fertilize and re-seed). He suggested starting with the east end of the soccer fields. Crescent Beach Park Tour 5/13/97 Shoreline * Clean up shoreline of garbage and weeds. * Brown noted that time is split between Tonka Bay and Shorewood for maintenance. Dock . Brown explained that two years ago some dock boards were replaced, however they were not replaced with treated wood. They are now rotted and need replacement again. Suggestion of budgeting money for next year in conjunction with Tonka Bay to purchase roll-out dock. This would be a lot less labor intensive in the spring and fall. . There may also be a 25' dock length which would be acceptable for this beach. Lifeguard Chair . Request an umbrella for protection from the sun and UV rays. . Suggestion of red reflection tape placed on posts of lifeguard chair for snowmobilers. Parking Lot . Check into paving parking lot - could use street maintenance funds instead of park funds. . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION MAKING AN APPOINTMENT TO PARK COMMISSION WHEREAS, a vacancy exists on the Park Commission due to Sandra Trettel's resignation in April, 1997; and WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve and complete the vacant term on the Park Commission; and WHEREAS, the City Council has completed a review and selection procedure for appointment to said Commission. . NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Shorewood hereby makes the following appointment to the Park Commission effective immediately: Ann Packard Term expires Dec. 1997 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of May, 1997. Tom Dahlberg, Mayor ATTEST: . James C. Hurm, City Administrator -iF 10 8 .. ., 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: FROM: DATE: RE: Planning Commission, Mayor and City Council Brad Nielsen 15 May 1997 Freeman Park Picnic Shelter - C. U.P. FILE NO.: 405 (97.11) BACKGROUND Several years ago the City adopted a master plan for the development of Freeman Park. Among the improvements proposed for the park is a picnic shelter, proposed to be located north of the Little League fields parking lot and playground equipment area (see Vicinity map - Exhibit A, attached). Section 1201.10 Subd. 4.b. of the Shorewood Zoning Code requires that public recreational buildings be processed by Conditional Use Permit. A public hearing has been scheduled for 20 May 1997. . ANAL YSIS/RECOMMENDATION Section 1201.10 Subd. 4.d. of the Zoning Code sets forth several criteria for the consideration of conditional use permit for a recreational building. Following is how the proposed shelter complies with the Code: The minimum side yard setback requirement for the R-IC Zoning District, in which the Park is located, is doubled, to twenty feet. The proposed shelter is approximately 165 feet from the nearest property line and 350 feet from the nearest home. ~1 A Residential Community on Lake Minnetonka's South Shore . . Memo Re: Freeman Park Picnic Shelter 15 May 1997 Page two The building is separated from nearby residential development by a heavily wooded area. Once planned to be located further to the west on the site, the building has now been located to take advantage of an open area to the east. This results in minimal site alteration and no loss of trees. It also relates better to the parking lot and play equipment areas. Parking is in place for Freeman Park. As mentioned above the shelter is located so as to be convenient from the Little League Fields parking lot. The proposed shelter is consistent with the Shorewood Comprehensive Plan and is compatible with residential development. Based upon the preceding it is recommended that the conditional use permit be approved so that construction of the shelter can take place this summer. cc: Jim Hurm Larry Brown John Dean Park Commission ;J - ..--- --- . ! i I i Ii .Q' ~I ~I ii ~t I . - .... J - ~ ~ FRla:.\IAIII,.AItI( ~.._- -""-- ) '----- ~~,---- r .. Exhibit A FLANAGAN SALES 612 633 1515 P.04 0 ~ 0: ~ (,) 0 8::E Z <>- .::1 ~< i< \lJ 01= oal t:!o ai~ <\lJ (1. zO: ~>- <<) _1lJ O-J ::Eo. Zz j;S \lJ 0 . I ~~~ ~ ... ~<~ ~ \lJ < 8 -J< tJ ~o II) 0 tJ ~1I)0: <0 11)1&.1&. <<) lOq~~ . ~ Eo. '" ~ j 0 <::) ~tJO " ~ :i! =<:; ::: \lJ :I: I"l ::It 11)011) 0 0. tJ ): al ): 0 al ~ . ~ j 0 a:: < 0.. < a:: S: 0 0 . o t:! o. ~ j:!CJ)< <10. ~;.,~ ~oz -J1.IJO 01= 000.. j!:!~0 < a a:: ~ O. 1-(1)"""(;) z~z ~~::1~ I=~--J <olrlO ~(.J~(.J ~oll)u:l ~8~t:! a.. 3: 1&.11) \ \, I~ I/! =~ 0-: :z lrl""" 'I ";\lJ , v;~ . a::: .,.e" 0: lZ1 ::3 r:.J ..... - rn I1a. o ..... ~ ~ ~ ~ > ~ C,) 0 -- \lJ 0: IlJ ~ a::: r:1 e" ::a~ o 0 en I"l - ....., 15- 5 5 Exhibit B a::l ~ .. ~ 1.IJ < 8 0 III 0 0 .8-,L a::l ~ 0 "g-,I;, ..::::. ~ -J I"l ::e -< 0 Q. 0 ~ ): m lZ1 ): t5 en ~ rz:l ~ 0 . :I: ~ a:: rn (1. < a:: ~ :I: 0 0 III ~ ;::l ....: ~ 0 b III IlJ ~ < III tt: I j~ E-< g ~ :z: III 30 0 Co:) 1 .... 810 E-< C,) ffio rz:l 0 rn o..S .~....: ;So z% lZ1 < << fQ ~85 Q.11.. ~ . a:1IJ IIJ~ CD a~ ~r= ~ I c... ~ lIle ... z::: ::It~ ~ 3~ ~ . o III 0::) ~~ 1Il:= I . CD 1 N FLANAGAN SALES 612 633 1515 ..- <O~~ XC III N~~ P.03 15-39 Exhibit C RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A PICNIC SHELTER IN FREEMAN PARK WHEREAS, the Shorewood Park Commission (Applicant) proposes to construct a building in Freeman Park to be used as a picnic shelter; and WHEREAS, the Shorewood Zoning Code allows public recreational buildings by conditional use permit (C.D.P.) subject to certain conditions; and . WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 15 May 1997, which memorandum is on file at City Hall; and WHEREAS, the Shorewood Park Commission reviewed the plans at its 13 May 1997 meeting, the minutes of which meeting are on file at City Hall, and recommended approval of the proposed building; and . WHEREAS, after required notice, a Public Hearing was held and the Applicant's application was reviewed by the Shorewood Planning Commission at its regular meeting on 20 May 1997, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 27 May 1997, at which time the Planner's memorandum, the minutes of the Park Commission and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the proposed building is one story in height, measures 30' x 38', with steel posts supporting a wooden arched roof structure over a concrete floor. 2. That the proposed design of the building is consistent with building plans which have been considered by the Shorewood Park Commission for park buildings. 3. That the location of the proposed building IS approximately 350 feet from nearby homes. 4. That the building and its location are consistent with the City's master plan for Freeman Park. . CONCLUSIONS That the conditional use permit for the construction of a pICnIC shelter in Freeman Park is hereby granted. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of May 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 2 - Kennedy 470 Pillsburv Ccmer 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: atrys@kennedy-graven.com -= CHARTERED : iL- .,J- "~';\ f'J .J. Y X, \I l~ - 1 QV ~~._--'.' 20 109-" I.... ( -..-- :1 \, ii & Graven (, ; c, \ JOHN B. DEAN Artorney at Law Direct Dial (612) 337 -92fJ7 May 19, 1997 . Tom Dahlberg, Mayor 25270 Smithtown Road Shorewood, MN 55331 RE: Watten Ponds Dear Mayor Dahlberg: Dahlstrom Abingdon, LLP, the developers of Watten Ponds have made application for the issuance of a demolition permit for the removal of the structures currently located on Lot 2, Block 3 Watten Ponds. The question has been raised whether or not the approvals previously granted by the city preclude the demolition of those structures. You have asked me to review the record of the proceedings and provide the city with my opinion. I have now had an opportunity to review city records involving this matter and the applicable provisions of the City Code; and based upon my review I have reached several conclusions: . 1. Although the residence on Lot 2 was the subject of discussion, the written record does not disclose that its retention was reviewed as an important feature to the development. Although I was not involved in these discussions, I had the impression that, at least in part, the references were used to avoid confusion as to how many homes, in total, were being considered. 2. Resolution No. 96-95 (October 28, 1996) which approved the concept and development stage plans for the Watten Ponds PUD did contain references to the remaining existing residence; but did not contain any condition affirmatively requiring that that structure be preserved. In fact the structure was never even specifically identified in the text of the Resolution but was referred to as "one of the existing homes." 3. The development agreement for Watten Ponds is likewise silent regarding any restriction to be placed on Lot 2, Block 3. Because development agreements are ordinarily recorded, it would have been a likely instrument to contain such a restriction. SH:30-1.4 #8 JED123.iQ3 Tom Dahlberg May 19, 1997 Page Two On the basis of the foregoing, and my review of the applicable provisions of the City Code, it is my opinion that the demolition of the structures located on Lot 2, Block 3 Watten Ponds is not prohibited by the terms and conditions imposed on the development through the PUD process. Consequently, the application for permit should be reviewed and acted upon in the ordinary course. ~~ 'L- Qn B. Dean . JBD:ds cc: James Hurm Brad Nielsen City Council . ..73D123103 SH230-1.:i CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR W A TERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS WHEREAS, the City has received a petition from the developer requesting that watermain trunk charges and special assessments for Watten Ponds Subdivision be levied against such parcels; and, WHEREAS, the petitioners have within their petitions waived their rights to a public hearing and their rights of appeal of such levies; and, WHEREAS, the City Council has reviewed such petitions at a regular meeting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota: . 1. That such petitions, attached hereto and made a part hereof, are hereby accepted and that watermain trunk charges and special assessments are hereby levied. 2. That the assessment roll, attached hereto and made a part hereof, be known as Levy No. 13983, Watten Ponds Water Trunk Charges and Special Assessments, and payment of such levies shall be amortized over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at seven percent (7.00 %) per annum from the date of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from the date ohhis resolution until December 31, 1998. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of May, 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #:9 Attachment to Resolution No. 97- Adopted May 27, 1997 page ] . Assessment Roll . Parcel Addn First Name Last Name House Street City # PID Code Owner Owner or # Company Name 1 29-117-23-44-0042 06052 Dahlstrom 4100 Berkshire Lane Plymouth Abingdon, LLP 2 29-117-23-44-0043 06052 Dahlstrom 4100 Berkshire Lane Plymouth Abingdon, LLP 3 29-117-23-44-0044 06052 Leonard V & 5370 Eureka Rd Shorewood Jaoueline Watten 4 29-117-23-44-0047 06052 Leonard V & 5370 Eureka Rd Shorewood Jaoueline Watten 5 32-117-23-44-0035 06052 Leonard V & 5370 Eureka Rd Shorewood Jaoueline Watten 6 32-117-23-44-0036 06052 Leonard V & 5370 Eureka Rd Shorewood Jaoueline Watten 7 32-117-23-44-0037 06052 Leonard V & 5370 Eureka Rd Shorewood JaQueline Watten 8 32-117-23-44-0038 06052 Leonard V & 5370 Eureka Rd Shorewood JaQueline Watten Totals . . 1997 City Council Priorities Status Report: Key: 1 = Completed 2 = Work has begun/Iikely to be reached in 1997 3 = Work to begin later/Iikely to be reached in 1997 4 = Priority should be reconsidered Completed or 5 = Not likely to be addressed in 1997 Finalized 1st 2nd 3rd 4th Qtr Qtr Qtr Qtr Top Priority Items: Review the water policy in the Comprehensive Plan, the water capital 2 improvement program and funding for the program Implement strategies in improving communication 2 Review the trail plan ,., ;:) Reconsider the street reconstruction assessment policy as recommended 3 by a task force several years ago Undertake a storm water management plan 3 South Lake Minnetonka Public Safety Department contract renewal 2 needs to be completed in 1997 Decide on involvement in the Watershed District's requirement for a wet 214 pond at Minnewashta School and work with the Watershed District on the question of a large regional pond rather than numerous small ponds throughout the City Reevaluate design criteria for City streets 3 Improve relations among cities with joint elected official meetings at 2 various times throughout the year Identify Comprehensive Plan items to be reviewed in detail (this 2 includes zoning, land use and subdivision ordinance review) Second Priority Items: Consider options for purchasing green space (referendum?) 3 Evaluation of City liquor operations/business plan 2 Sanitary sewer - review III strategies, re-evaluate strategies to reduce 3 sewer rates, and re-evaluate the sump pump inspection ordinance Actively participate in the Lake Minnetonka Cable Commission's efforts 3 to negotiate a new cable television contract with Triax Cable Re-evaluate senior housing strategies 3 Undertake a transit needs assessment and develop a strategy to improve 214 service or reduce costs for transit Develop plans for improved safety at intersections: County Road 19 3 and Manitou Road; and Seamans Drive, Yellowstone Trail, Highway 7 Undertake safety studies in specific areas such as the Minnewashta 3 School Third Priority Items: Re-evaluate snowmobile issues/determine the future of the 2 implementation plan The Planning Commission should develop a commercial maintenance ,., ;:) code for Council consideration Consider an incentive system for high performing employees 3 Develop a strategy to improve paramedic rescue response times 3 Pursue burying utility lines 3 Consider requiring a conduit be installed for use by utilities in City 3 right-of-way - . . Updated )/12/97 41= JOc.. Subject: action items for Boulder Bridge Date: Thu, 22 May 1997 10:24:18 -0500 From: "Tom Dahlberg" <dahlberg@member.coITI> To: "Jim Hurm" <cityhall@shorewood.state.net> CC: "Guy Marsala" <GMARSALA_aCNVR-HQ@intemet.navarre.com>, "David Heitkamp" <dheitkamp@focusfinancial.com>, "Dan Lindsey" <dlindsey@visi.coID> Memorandum Date: 5/22/97 To: Larry Brown, Jim Hurm From: Torn Dahlberg Re: Boulder Bridge action items ~s you know we Boulder Bridge opportunity to fashion. had a delightful meeting with the Board of Directors of the neighborhood association. They have given us a great simply provide our basic services in a very responsive The neighborhood meetings are particularly interesting because they give the residents of Shorewood themselves the opportunity to set our agenda, getting us focused on things we're sure someone cares about. Here's the action items that carne out of that meeting: 1. Paint the pumphouse. Jerry looked at the pump house and found the trim needs immediate attention. We should therefore proceed to do the whole thing. In my opinion the siding needed some paint asap. .. Seal coating and dip in road. There's a dip in the road that needs to be replaced while we seal coat. Torn Wartman at 470-9618 can make sure you know the specific location. So can I. As we seal coat we should use the blue trap rock. Once again, I know Torn Wartman can help you with making sure the rock is compatible with the present look an feel of the roadway. Let me know if there are any challenges here. 3. Recommending additional boat slips, reconfiguration of the boat slips to Bob Rascop. Jim, we need to schedule a meeting with Bob Rascop to talk about a request to reconfigure the dockage for Boulder Bridge. You should set this meeting between me, Jerry O'Neill and Bob asap. Please inform Torn Wartman of it at 470-9618. Torn mayor may not wish to attend the initial meeting. We'll find out. 4. Smithtown Road reconstruction. This issue is dependent on our overall planning for road reconstruction in Shorewood. I will plan to get back to Boulder Bridge on this as we develop the plan. Next Steps: Jim and Larry, please let me know when the pump house painting is, or can be scheduled for, as well as the seal coating and the blue rock. If you see any potential hang ups get them to me asap, and I will coordinate with you. Thanks for helping set up this meeting Jim! There's no substitute for direct contact with the customers. I would enjoy having you along next time. I know you'll like this process. . .