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121597 CC Reg AgP 1~ 12 December 1997 Re: Request for Special Conditional Use Permit 23115 Summit Ave., Shorewood - Ms Sondra Traylor -=:--,::::----------- .. 1!e::; i'f';, Ie:;' n \\ 'lIe: f"""'I ..'.:1) /L_ (':.-::/71,- !i \1; l"'li~\.., ,dlil ',_c< -' '~II\' .,u( ii' U~1 r":C"j'"1 -; :-:: '\ _ f IU ill d ,- '_'..i .l ,-' :9Q7 Iii i: iU U ' 1t,J~ 1~/ I W ; By To; Tom Dahlberg Mayor, City of Shore wood Ms. Traylor currently operates a chiropractic office in her home under a Limited Conditional Use Permit. Under your ordinances, this Permit was apparently awarded without notification of neighbors or hearings. She now seeks a Special Conditional Use Permit in order to add a non-resident employee to her office. Two hearings before yourPlanning Commission have served little purpose beyond exposing the fact that her property is not suitable for her operations: in order to get the Special permit, she will also need a variance to provide the minimal parking required for her proposed employee and clients. And there is no good reason to give a variance. This is a purely residential neighborhood, served by an inadequate street only 14 feet in width. A large proportion of the residents have small children. There is no justification for a commercial operation with resultant additional traffic, however limited, in this neighborhood. This is one reason a petition signed by many of the neighbors was presented to the Planning Commission. A Conditional Use Permit is intended to allow by exception activities not appropriate in a zoned area. Before you consider this one, you shouId ask yourself how you'd respond to a request to build a staffed office in this residential area, and have it designed as this building now exists, with parking and access that doesn't meet minimal city standards. It is unfortunate that some properties are not suitable by design or location for uses an owner might want, but it is not the city's obligation to correct the deficiencies. In this case, Ms. Traylor's use of her home as a residence would not be harmed by her inability to treat clients there, so there is no reason to grant a variance, and the Special permit should be denied. Arthur W. Partridge 6280 ~ummingbird Road CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of a conditional use permit under Section 1201.04 and Section 1201.20 Subd. 4.c. of the Shorewood City Code. 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The Applicant must provide a detailed signage plan including all business signs to be approved by the City Council. b. The Applicant shall submit a revised landscape plan providing additional landscaping south of the drainage pond and extending the existing MNDOT fence along the top of the landscape berm, connecting it to the southwesterly building. The plan must be prepared by a registered landscape architect and shall be subject to review and approval by the Shorewood Planning Commission and City Council. c. The Applicant shall submit a security plan for the proposed facility, which plan shall be subject to review and approval by the Shore wood Planning Commission and City Council. d. Management and maintenance of the proposed facility shall be provided by the resident caretaker for the property at 19545 State Highway 7. The Applicant shall submit protective covenants, subject to review and approval by the City Attorney, to ensure that the subject property remains in common ownership with the property at 19545 State Highway 7. In the event the property is ever separated in ownership from the property at 19545 State Highway 7, the owner of the subject property shall construct a new resident caretaker facility on the subject property. The Applicant shall submit an alternative site plan, showing where the resident caretaker facility could be located on the site. e. A lighting plan, and a grading, drainage and erosion control plan shall be subject to review and approval by the City Engineer. f. Grading, drainage and erosion control shall be subject to the requirements of the Riley Purgatory Bluff Creek Watershed District. g. The proposed drainage pond shall be maintained in perpetuity by the owner of the subject property. The pond shall be subject to annual inspection by the Watershed District. h. The Applicant shall revise plans for the proposed buildings so as to comply with the 15-foot building height requirement within 50 feet of any property line. The proposed blue trim color shall be eliminated from the east and south sides of the proposed buildings. The Applicants must provide cost estimates for all required improvements, including grading, paving, curbing, striping and landscaping. A letter of credit in the amount of 1.5 times the cost estimates is required to guarantee that site improvements will be completed. 1. :t it, ;~ " -2- ~ J . Hours of operation are limited as follows: Sunday - Thursday: 7:00 AM to 10:00 PM Friday - Saturday 7:00AM to 12:00 Midnight ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December 1997. Tom Dahlberg, Mayor ATIEST: James C. Hurm, City Administrator/Clerk -3- DEC-15-1997 16:49 FROM Dec. 12. 19~7 IO:55AM I j i I I ! j I j I i i I I 1 ~12.1991 Mr.lrim Omthwol l Friepds of the Southsbore Senior Center 5:75 Caumry. Club Road Sho d. MN 55331 Mr. Grathwol: j P~usly we discussed the potcl1tisl of other orgmizdio ~ alcoholic bEY~ If you. do decide to allow this I woWd suggat thm: you.pbtain a certificate of insmam:e that would name the F embI af 1fu: Scuthshore SenJor Center as additional insured with a limit ofnot less $1,000,000 per o~ Your insurance policy does not exclude for the serving of akohnlic ~s. but it does exclude coverage if you sell alcoholi beverages. Please review ~ .,.J 2 of WelT CMC (11-86)(Rm.11-96). If"J'lU . considoriDg tho SIlk of . c beverages, lW should () btain a. sepaI3.te policy for Please cill. me if you hav 1 any questions. Thank you. Sinry, ~ 4n.Lenz AI ExccutiVl: I I I j I I , I j I I RISK CONTROL C. FrELD & CO . 474e128 P.el1 NI). SUfi P. lit TO T.C. FIELD COMPA Y f"tt1$"ff <Nlllo.... S"'n Illll 530N<...rh~rS=e. 'sr..Paui,Minne:lOu 55101-(612) .8405 Fax: (612)!Z7-OWl Mailia; Addas P.O. 'BaIt a-ro16 · St. Pa:l. Mil: 55161- AnAilirmmve Aaioo. fmcl~ <1i? Jeffrey L. Foust 5165 Shady Island Road Shorewood, l~IN 55364 December 15, 1997 Commissioner Jim Pisula, Chairman Shorewood Planning Commission L ,:~ Dear Jim, f;:~ f' ~ ~, ~. i 1 I :{ 1 f ; ~ } 1 1 VIA FAX 474-2787 With regrets, 1 must resign my commission to the Shorewood Planning Commission effective Tuesday December 31, 1997. My business responsibilities involving ever increasing intemational travel, make it impossible to attend commission meets on any regular basis. I believe the citizens of Shorewood would be better served by someone that is able to conunit the necessary time to this important commission. I have enjoyed my time on the planning commission, and look forward to serving Shorewood in a reduced capacity through the Cable Commission, and any ad hoc special projectS at the pleasure of the Council. Regards, ~~ j i I 1 I t ~~ '7' /:. . .'-" .. '..... :3l..k:JOjltn:i :=S=::':f:i:II]':' l.jd90: SC I'; _, .......=l...l " . ~ J 1 c I ~."'4c..a- . DRAFT ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: ' Section 1: Section 1201.20 Subd. 4.c. (8) is hereby amended to read: (8) The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the City Council provided that: (a) A caretaker residence for an approved self-storage facility under the same ownership is located within 600 feet of the subject property. (b) The ppplicant shall submit a plan showing where a caretaker residence can be locatedfj the property in the future. ( c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the . property, or a caretaker residence for an approved self-storage facility under the same ownership, located within 600 feet of the subject property is provided. Section 2: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 15th day of December, 1997. t 4; :; Tom Dahlberg, Mayor I , J t ~. ATTEST: James C. Hurm, City Administrator/Clerk I i : t : l I . I ! i I 1 i J ! ,. MEMORANDUM' TO: FROM: '-. DATE: RE: FILE NO. ,11J ------ r- . CITY OF SHOREWOOD ,~/' ,5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55:331-8927. (612) 474-3236 , , FAX (612) 474-01280 www.state.netlshorewood 0 cityhall@shorewood.state.net Mayor and City Council Brad Nielsen 15 December 1997 Traylor C.U.P. -Alternative Site Plan J . 405 (97.31) Attached is the alternative site plan prepared by staff. This layout would bring the site into compliance wi~ the parking requirements of the Zoning Code. -~ =--......,- ~" A Residential Community on Lake Minnetonka's South Shore i I I , I r. i.. N~~\O~'~ I ~, oo.."~ ~r~ 1 ~ \ _ i '\ l<,~~ 'u~ r- f'. ~;' " ,,- ~ " / '. / >\ \ \ ,~ \"b~ //-\ .. , w ~~4. p.~' -Sd~ Trot"". ~ I..1f'b 4 T"'t~L ..1. - of ~ I l".elu :J Z I E)(\~+\1 W I Jr\Y~~~'1> . ! +4 j~(~i. <r I ! I L- - ~ ~ :J en .-. '1 " ' tA. · " '.\ " J! " i... .... r, .:\ .. ~;j .~o ~. ..., " '\ " '" I 0 : O' I ,,'lfi' "1' : ".-. , r:':'-.': ! ! ../, i... '(,: !~ f' I " ,q; .90 65.0 i . . . A ,,~~ .- ~ ., ..""';; - ...~"- ..~ :.~. ,.."'" A . ~ :.t U . .... ~ .' 0"" ' '" ...,. ..:..1 ~ _0. . ... . "' "', . .0'/ -.... .. . ----~.. .- . ., _ - - -.1 J I!'.. ....,~.. .11 ~7.e ..... " / /" . '. 0" " :..;..; I (- ~- ;:",,~; - "--.j !." I _ , . - " ._-< .... -- ... - :...... e:7:r:::."-"'y' ~.., ,~F/...., /c;...,,' ~' . , . , ,.. /0 _ _ / '/ ~ r,,':i~ ..::.~.!.l,":-,-; //,~~;. 6.-~ .~ 5 r ~ \ I .41 I~ I~ !~ I .. If.-.. ..... ~ " ~ ~ ~ I\j) r i~ IG I I ,. l~ i~ i ~ :,.. .. \-..: oj ~ ." . , i " . i'. I~ ~ ,,: ~ \~ i \:: .. ... I I . I I I - Att-.o.A r- '(:'lif:ll!" .,. . ?...: "-. - . - - <~i!-.f";'C~' . l!'!<':'-.". - ~ ~~;;.,:.;:' ~ .~'..:..~~~..~~~ .".;.~ ~~=.:.",~. ~ '".. ~ .' 7G1 ~~,u DRAFT CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR MINNESOTA MINI-STORAGE WHEREAS, Two S Properties, Inc. (the Applicant) has an interest in the real property located at 19395 State Highway 7 and 5170 Vine Hill Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section 1201.20 Subd. 4.c. of the Shorewood City Code, to build a self-storage facility on the subject property; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission and City Council, dated 29 October 1997, which memorandum is on me at the Shorewood City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 4 November 1997, the minutes of which meeting are on fIle at City Hall, and WHEREAS, the Applicant's request for conditional use permit was considered by the City Council at their regular meeting on 24 November 1997, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in a C-3, General Commercial zoning district. 2. That the Applicant's property consists of two parcels of land containing a total area of 2.5 acres, and having frontage on Vine Hill Road and the service road of State Highway 7. 3. That the Applicant proposes to remove an existing nonconforming, single-family residence and garage from th~ easterly parcel. 4. That the Applicant's property is characterized by a significant hill on the north half of the site, which drops off approximately 32 feet in elevation to a small wetland in the southeast comer of the property. 5. That the Applicant proposes to combine the two parcels of land, build one two-story building in the center of the property, surrounded by five, smaller single-story buildings, all of which will be accessed from a single driveway access on the west side of the property. 6. That the Applicant proposes to construct a storm water retention pond and a landscaped berm in the southwest comer of the property. " CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, DECEMBER 15, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will convene in Executive Session immediately following the regular portion of the meeting to discuss pending litigation. No action will be taken. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg _ Stover McCarty _ O'Neill Garfunkel B. Review Agenda 2 . APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes November 19, 1997 (Att-#2A Minutes) B. City Council Regular Meeting Minutes November 24, 1997 (Att.-#2B Minutes) C. City Council Work Session Meeting Minutes November 25,1997 (Att.-#2C Minutes) D. City Council Work Session Meeting Minutes December 1,1997 (Att.-#2D Minutes) E. City Council Regular Meeting Minutes December 3, 1997 (Att.-#2E Minutes) F. City Council Special Meeting Minutes December 3, 1997 (Att.-#2F Minutes) G. City Council Work Session Meeting Minutes December 8, 1997 (Att.-2G Minutes) 3. REPORT ON OPEN FORUM MEETING HELD DECEMBER 8 FROM 6:00 P.M. TO 7:15 P.M. ON ffiGHW A Y 7 IMPROVEMENTS 4 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: '0 A. A Motion to Approve a Three Year Extension oithe Recycling Contract with E-Z Recycling (Att.-#4A Proposed Contract) B. A Motion to Adopt a Resolution Approving 1998 Licenses for Refuse Haulers (Att.-#4B Proposed Resolution) C. A Motion to Adopt a Resolution Approving 1998 Licenses for Tree Trimmers (Att.-#4C Proposed Resolution) D. A Motion to Adopt a Resolution Authorizing Endorsement of a Grant Application for Tonka United Soccer (Att.-#4D Proposed Resolution) CITY CGUNCIL AGENDA - DECEMBER 15, 1997 PAGE 2 OF 3 E. A Motion Authorizing the Hire of a Secretary (Att.-#4E Staff Memorandum) F. A Motion to Adopt a Resolution Amending Resolution No. 97-104 By Changing Final Payment Amount (Att.-#4F Proposed Resolution) 5. MATTERS FROM THE FLOOR (No Council action will be taken.) 6. PARKS Report on December 9, 1997 Park Commission Meeting (Att.-#6 Draft Minutes) 7 . PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving the Preliminary Plat - Mary Lake Woods (Att.-#7A Planner's Memorandum & Proposed Resolution) Applicant James Wyman Location: 24020 Yellowstone Trail B. A Motion Directing Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Special Home Occupation Permit (Att.-#7B Planner's Memorandum) Applicant: Sondra Traylor Location: 23115 Summit Avenue C. A Motion to Adopt a Resolution Approving Zoning Code Amendment and a Conditional Use Permit for Self-storage Facility (Att.-#7C Proposed Resolution) Applicant: Todd Jones, representing Two S. Properties (MN Mini- Storage) Location: 19395 Highway 7 / 5170 Vine Hill Road 8. 8:30 P.M. PUBLIC HEARING - LIQUOR STORE OPERATIONS A. Consideration of a Motion Authorizing the Expenditure of Liquor Operation Funds in Relation to Reducing the Square Footage of the Waterford Liquor Store B. Consideration of a Motion to Approve a One Year Extension of Cooperative Operating Agreement and Lease with Tonka Bay Regarding Municipal Liquor Store (Att.-#8B Proposed Agreement) 9. REVIEW AND APPROVAL OF LIQUOR, WINE AND BEER RULES AND REGULATIONS FOR THE SOUTHSHORE CENTER AS PROPOSED BY THE FRIENDS OF THE CENTER (Att.-#9 Proposed Rules and Regulations) 10. CONSIDERATION OF AN ORDINANCE AMENDMENT REGARDING NON-INTOXICATING LIQUOR (Att.-#lO Proposed Ordinance) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION (Att.-#11 Proposed Resolution) 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PARK COMMISSION (Att.-#12 Proposed Resolution) 13 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1998 BUDGETS & APPROVING THE 1997 PROPERTY TAX LEVY COLLECTIBLE IN 1998 (Att.-#13 Proposed Resolution) .. CI'l'"Y COtJNCIL AGENDA - DECEMBER 15, 1997 PAGE 3 OF 3 14. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION A RESOLUTION APPROVING THE 1998 CAPITAL BUDGET (Att.-#14 Proposed Resolution) 15. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT ESTABLISHING THE 1998 RECYCLING FEE (Att.-#15 Proposed Ordinance) 16 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING THE 1998 PAY SCALE (Att.-#16 Proposed Resolution) 17. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING A NOMINATION TO THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS (Att.-#17 Proposed Resolution) 18. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring 19. MA YOR & CITY COUNCIL REPORTS Preparation for January 27,1998 Open Forum Regarding Snowmobiles on the LRTTrail 20. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#20) f. ------- 1. ~ :. . , ~ r ,; f, . -. 4 ;. r t' it ~ .. CITY OF /SHOREWOOD 5755 COUNTRY CLUB.ROAD. SHOREWOOD,MINNESOTA 55331-8927. (612)474-3236 FAX(612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net // /~- Executive Summary Shorewood City Council Meeting , Monday, Decembe~ 15,1927 Following the regular potion of the meeting, we' will go into Executive Session to discuss pending litigation. Agenda Item #3: After the minutes have been approved, this agenda item is intended to provide an 'opportUnity to relay to the general public the impressions of the City Council received at the open forum held between 6:00 and 7: 15 p.m., this evening. The City Engineer will report on what has been submitted to the Minnesota Department of Transportation regarding Highway 7 intersection safety improvements and the Council will have"an opportunity to provide re- direction. " ./' ' '-'. ~ - -. ~Agerida Item #4A: This motion would approve a new three year contract with E-Z Recycling as recommended by the six city recycling consortium that we are a partoL-The rate has gone from $ 1. 85/household/inonth to $2~05/householdlmonth. However, we/still feel this is a good agre~ment as we are one oithe lowest in Hennepin County for.weekly service ancfthis contract price is good for three years. o . Agenda Item #4B: This motion approves licenses' for refuse haulers for 1998. I 1- , Agenda Item #4C: This motion approves licenses for tree trimmers for 1998. Agenda Item #4D: This resblution is required if the City is to be a sponsor for Tonka Umtea- ~', ' Soccer to apply for a grant through the State Amateur Sports Commissio.n!. Enclosed is early '~~ IDformation on what is being applied fcr. A more detailed draft application should be availa~le before the meeting. If I hear of any concerns from Park Commissioners or Council memberS " before the meeting, I wilIihake the full Council aware of them. ' " : .', Agenda Item4E: This motion authorizes the hiring of Twila Grout for;the position of secretary., A cover memo and her full background is included in the packet. This is not a new position, but < ratherit is filling an old position. ' . '. ..........\"., '. Agenda Item #4F: This motion makes' an amendment to the fmal payment amount for the South Link watermain extension to $e City of Victoria. After a final audit Wl:!S conducted of the"~\ ' project, it was determined that an' omission had occurred in the pay voucher prepared by OSM '. Associates, mc. The Contractor is due $4,307.15. With this amendment, the complewted contract is $7,731.75 under budget. " . , . :\, '>:, , --,-.;,~, A Residential Community on Lake Minnetonka'sSouth Shore .,t Executive Summary - City Council Meeting of December 15, 1997 Page 2 Agenda Item #6: Park Commission Chair Bill Colopoulos has indicated he will be present to review with the Council the discussions held at the joint meeting of December 9. Agenda Item #7: Please review the minutes of the special Planning Commission meeting of December 9. Laura Turgeon will be present to present Planning Commission recommendations to the Council concerning a broader moratorium. Agenda Item #7 A: James Wyman has requested approval of a preliminary plat which would divide his property at 24020 Yellowstone Trail into eight single-family residential lots. The property contains nearly 17 acres, of which just over three is wetlands. The Planning Director has advised that the plat is consistent with City Codes, and recommends approval subject to a number of conditions. The Planning Commission agreed unanimously, adding conditions to the Planning Director's recommendations. Approval of the draft resolution contained herein requires a simple majority vote of the Council. Agenda Item #7B: Sondra Traylor has requested approval of a conditional use permit which would . allow her to bring in an outside employee to help her with her existing home occupation (chiropractor's office). Based upon input from area residents at the public hearing the Planning Commission expressed concerns with access to the site (Summit A venue is extremely narrow) and Dr.Trayor's ability to comply with parking requirements. Staff presented an alternative site plan which would bring the parking into compliance with the Code. Nevertheless, the Commission split its vote 3-3. Approval of the conditional use permit would require a four- fifths vote by the Council. Staff should be directed to prepare a findings of fact for the next meeting. Agenda Item #7C: This item has not been completed in time for this meeting and will be placed on the agenda for the first meeting in January. Agenda Item 8: The Finance Director and Liquor Store Manager will give a brief presentation concerning the current status of the Shorewood liquor operation. Following that there will be an opportunity for public and Council comments or questions. The Council then will be asked to consider #8A authorizing the Liquor Committee to negotiate and undertake a reduction in space for the liquor store at the Waterford Shopping Center; and #8B authorize by motion a one . year extension of the agreement with the City of T onka Bay regarding the City of Shorewood managing the Tonka Bay liquor store. The City of Tonka Bay has already approved this one year extension of the current three year agreement. Agenda Item 9: The proposed rules and regulations concerning liquor, wine and beer at the Southshore Center is included in the packet. The City Attorney has had an opportunity to review them and he will be able to make comments at the Council meeting. Agenda Item #10: The City Attorney has brought to our attention that State law now requires us to change our ordinance to remove references to the term "non-intoxicating" in our liquor ordinances. Agenda Item #11: Normally appointments to City Commissions are made at the first meeting in January. However, because several Council members will be absent during that meeting, this resolution makes appointments to the Planning Commission to take affect January 1, 1998. Agenda Item #12: For the same reason as Agenda #11, this resolution makes appointments to the Park Commission effective January 1, 1998. . . ".\. Executive Summary - City Council Meeting of December 15, 1997 Page 3 Agenda Item #13: This resolution adopts the 1998 budgets and approves the property tax levy as presented at the Truth in Taxation hearing. Agenda Item #14: This resolution accepts the projects identified in the Capital Improvement Program for 1998 as the Capital Improvement Budget for 1998. Agenda Item #15: This ordinance increases the recycling fee charged to residents from $1.00 to $1.50 per month per household effective January 1, 1998. This is as budgeted. Agenda Item #16: The amounts established in this resolution for wages, salaries and insurances are as budgeted for 1998. It is important to note that for contract employees, the actual wage will be set by contract. Agenda Item #17: This resolution would nominate the name of Robert Rascop to the Hennepin County Board of Commissioners to be considered for the Board of Managers for the Minnehaha Creek Watershed District. ... . . CITY OF SHOREWOOD WORK SESSION MEETING WEDNESDAY, NOVEMBER 19, 1997 MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAn 7:30 P.M. 1. CONVENE CITY COUNCIL WORK SESSION DRAft Mayor Dahlberg called the meeting to order at 7:39 p.m. A. Roll Call Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; Administrator Hurm; Planning Director Nielsen Councilm.ember McCarty B . Review Agenda The agenda was approved as presented. Present: Absent: 2. DISCUSSION ON COMPREHENSIVE PLAN - SENIOR HOUSING Mayor Dahlberg felt the goal or the intention of any senior housing which is higher density than that reflected on the zoning map should be a product of planning and re-working of the zoning map in a fashion which dedicates a particular area for senior housing after public hearings and research of the neighborhoods outlining their feelings. Mayor Dahlberg stated his policy would be to encourage the preservation of single level living which currently exists in Shorewood. He would not want any new development to eliminate the affordable housing and single level housing which the city now has. Any development which is higher density, whether it is senior housing or not, should be done on a dedicated basis after planning. Councilmember Stover felt the two questions which need to be decided are whether senior housing is a desirable goal and whether it needs to be affordable. Should the Council decide these are goals of the City, if a specific piece of property is zoned to a higher density than currently exists, that would increase the value of the land. When the value of the land is increased, the cost of the housing is also increased. Mayor Dahlberg stated he is not in favor of senior housing as a goal if that means special protection for that particular class with regard to the availability of that housing. He stated it would be a goal to implement single level housing in areas to increase the availability of that type of housing as well as preserving what already exists. Mayor Dahlberg stated he is in favor of having single level housing available in areas for seniors, but was opposed to actually designating seniors as a protected class by limiting the housing simply to seniors. Councilmember Stover felt the term "affordable" needs to be defined. She noted there is single level housing in the area, however, it is not affordable. Mayor Dahlberg did not feel the survey which had been done relative to senior housing had been competent. Counci1member Stover stated she would not be opposed to a new survey based upon Mayor Dahlberg's concerns. Councilmember O'Neill noted his agreement with Mayor Dahlberg. He felt Shorewood has already developed as a specific type of community and a high density development would not be consistent with the character of the community. 4t~A .. CITY COUNCIL WORK SESSION MINUTES NOVEMBER 19, 1997 - PAGE 2 Mayor Dahlberg felt it can be economically inefficient to force a mixed housing community where an infrastructure would have to be created for areas which are higher density. Councilmember Stover stated the infrastructure is actually more expensive with low density than with high density. Councilmember Stover noted there were 45 Shore wood residents who were willing to buy the senior housing units which were proposed by the Eagle Crest developer. The developer would not accept the letters of intent until such time as the development was approved by the City. She noted there is interest in senior housing by Shorewood residents. Councilmember O'Neill did not feel the proposed housing to have been affordable. Mayor Dahlberg stated he cannot support a high density approach to the senior housing market. He did not feel the term "affordable" could be determined. Councilmember Garfunkel stated what is affordable in Shorewood is different than what would be considered affordable in another city. Planning Director Nielsen explained the study identified three elements of senior housing which included step down housing, multiple family and care facility. The Senior Housing Task Force, the Planning Commission and the Council at that time were in favor of step down housing. Councilmember Garfunkel felt the ordinance needs to be reviewed and amended to reflect density up to a specific number given the interpretations which may arise in which a developer believes they have the right to expect the maximum number of units per acre as described in the ordinance. Mayor Dahlberg suggested eliminating senior housing from the ordinance until such time as the Council has been able to fully address the issue. Planning Director Nielsen explained this would suggest a moratorium on senior housing until the Council has arrived at a decision. . Mayor Dahlberg felt the ordinance should be clear and concise. Councilmember Garfunkel felt creating an ordinance which is clear and concise would actually allow more latitude. Mayor Dahlberg suggested the Council pass, by simple majority, a moratorium on senior housing until such time as this issue can be worked out. Councilmember Garfunkel noted his agreement. Councilmember O'Neill suggested a new survey be performed relative to this matter. Councilmember O'Neill stated he would like to ascertain whether senior housing is a goal of the . majority of the residents of Shorewood. Councilmember Stover stated if the word "affordable" is not utilized, lower or higher density is not necessarily implied. Senior housing could be permitted at the current density if the term "affordable" is not utilized. Councilmember Garfunkel felt the Council must determine whether or not it is a goal to promote affordable housing in Shorewood. Mayor Dahlberg stated this would not be his goal. Administrator Hurm felt this must be determined prior to performing a survey on this issue. Councilmember Stover noted the Council has worked for senior housing for a number of years. In that time, two developers have submitted proposals which were rejected by the neighborhood. She did not feel another developer would come in with a proposal for senior housing based on this history, therefore, senior housing should simply be eliminated from the ordinance. Councilmember Stover stated she would not be in favor of removing senior housing from the ordinance because she is convinced it is an admirable goal. She would not, however, object to a moratorium. CITY COUNCIL WORK SESSION MINUTES NOVEMBER 19, 1997 . PAGE 3 Councilmember O'Neill suggested placing a moratorium on senior housing and referring the matter to the Planning Commission for public hearings and recommendation back to the Council. Mayor Dahlberg noted the Council will need to provide the Planning Commission with direction relative to this matter. Nielsen felt they should be informed the density issue is paramount. Councilmember Garfunkel did not feel density to be the entire issue. He stated he has a philosophical issue with protecting a particular class of citizens. Mayor Dahlberg did not feel it to be a function of government to protect a class of relatively affluent seniors who are looking for a very specific solution in Shorewood. Councilmember Garfunkel noted his agreement. Mayor Dahlberg felt if there is going to be a higher density than allowed for on the current zoning maps, it will have to be worked out on a dedicated zoning basis. Nielsen inquired whether the Council is willing to consider higher density for senior housing if the community is willing to accept this. Mayor Dahlberg felt the Planning Commission should be informed the major issue is density as well as the question of whether or not it is appropriate for . government to be engaged in housing projects which are dedicated to a specific class of people. Mayor Dahlberg felt it to be the position of a number of the councilmembers that they are adopting a market driven housing policy. This housing policy is based on the current zoning map and the market will determine what will happen. Councilmember O'Neill explained his position that the majority of the residents do not want a higher density than currently exists. He did not feel the residents would be in favor of subsidies for senior housing. . Mayor Dahlberg felt any inconsistencies between the Land Use Plan and the Zoning Map should be resolved, opting for the lower density in each instance. Nielsen explained this will be discussed in an upcoming work session. It was felt an appropriate length of time for the moratorium would be approximately one year. Nielsen noted there are extensions which may be made to that one year period. Nielsen will communicate the concerns of the Council to the Planning Commission to assist in their review of this matter. Councilmember Stover stated that as a minority opinion, she would like to see what can be done to make housing affordable, even though the term "affordable" has not been defmed. CITY COUNCIL WORK SESSION MINUTES NOVEMBER 19, 1997 - PAGE 4 3. ADJOURNMENT Dahlberg moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 9:40 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ", . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, NOVEMBER 24, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAn 7:30 P.M. MINUTES CONVENE CITY COUNCIL MEETING DRAFT 1. Mayor Dahlberg called the meeting to order at 7:32 p.m. and announced the C an Executive Session at the conclusion of the regular City Council meeting : union negotiations with the Teamsters and AFSCME. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty (arrived at 7:35 p.m.), O'Neill and Garfunkel; Administrator Hurm; City Attorney Ron Beatty; Planning Director Nielsen; Engineer Larry Brown . B . Review Agenda Mayor Dahlberg read the Agenda for November 24, 1997. presented. The agenda was approved as 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes - November 10, 1997 O'Neill moved, Stover seconded approving the City Council Regular Meeting Minutes for November 24, 1997, as amended on Page 3, Paragraph 1, Sentence 2, change "in not participating" to "if the Livable Communities Act is unsuccessful." Motion passed 3/0. (Councilmember Garfunkel abstained.) City Council Work Session Minutes - November 10, 1997 O'Neill moved, Stover seconded approving the City Council Work Session Minutes for November 10, 1997, as submitted. Motion passed 3/0. (Councilmember Garfunkel abstained.) . 3. CONSENT AGENDA McCarty moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97-100, "A Resolution Establishing a Public Hearing Date Regarding Liquor Operations" B. A Motion Adopting RESOLUTION NO. 97-101, "A Resolution Approving a C.U.P. for an Institutional Wall Sign" Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 $ ,;tB CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 2 C. A Motion Adopting RESOLUTION NO. 97-102, "A Resolution Authorizing the Execution of a Planning Grant Agreement with the Metropolitan Council" D . A Motion to Approve a Sign Permit Applicant: Nordquist on behalf of Health Systems of Minnesota Location: 19685 State Highway 7 E. A Motion Adopting RESOLUTION NO. 97-103, "A Resolution Accepting the Public Improvements for City Project 95-14 Eureka Road Watermain Extension" F. A Motion Adopting RESOLUTION NO. 97-104, "A Resolution Accepting the Public Improvements for City Project 95-15 South Link Watermain Extension" Motion passed 5/0. . 4. MATTERS FROM THE FLOOR 5 . PARKS - Report by Representative Report by Commissioner Dallman on November 11, 1997, Park Commission Meeting Commissioner Dallman reported on the matters discussed and actions taken at the November 11, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). With respect to the issue of a skate park, Mayor Dahlberg felt perhaps it would be beneficial to privatize this type of facility or the actual management of it. He expressed his opinion there is probably sufficient support for such a facility. Councilmember O'Neill suggested directing the Park Commission to further investigate this matter as well as the possibility of creating this type of park on a regional level. It was noted the question of liability would need to be investigated. 6. PLANNING - Report by Representative . Planning Director Nielsen reported on the November 18, 1997, work session meeting of the Planning Commission, (as detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: James & Diane Agnew Location: 6065 Eureka Road Stover moved, O'Neill seconded, adopting RESOLUTION NO. 97-105, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet for James & Diane Agnew 6065 Eureka Road." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 3 B. A Motion to Direct Staff to Prepare Draft Zoning Code Amendment and Findings of Fact Regarding a Conditional Use Permit for Self-Storage Facility Applicant: Todd Jones, representing Two S. Properties (MN Mini-Storage) Location: 19395 Highway 7/5170 Vine Hill Road . Mayor Dahlberg inquired how many bays the new facility will contain. Mr. Jones stated it would be similar to the existing facility containing approximately 350 bays. Mayor Dahlberg asked how this will impact traffic to the facility. Mr. Jones noted on average, there would be 15 to 20 trips per weekday with slightly increased traffic on the weekends. Councilmember Stover noted there was neighborhood support for the first facility which was constructed. She commented the neighbors were in favor of the facility because there were no problems with noise or lights and the building itself sheltered the neighborhood from the highway. Councilmember O'Neill noted the only concern which was raised by the surrounding neighbors at the Planning Commission level was relative to the color of the building. Stover moved, O'Neill seconded directing staff to prepare draft zoning code amendment and findings of fact regarding a Conditional Use Permit for Self- Storage Facility for Todd Jones, representing Two S. Properties (MN Mini- Storage), 19395 Highway 7/5170 Vine Hill Road. Motion passed 5/0. C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Bank Facility with Drive- Thru Applicant: Location: Bayside Financial Corp. 23780 State Highway 7 O'Neill moved, Stover seconded directing staff to prepare Findings of Fact Regarding a Conditional Use Permit for Bank Facility with Drive- Thru for Bayside Financial Corp., 23780 State Highway 7. Motion passed 5/0. . 7. CONSIDERA TION OF A REQUEST TO WAIVE DELINQUENT UTILITY CHARGES Mr. John Conlin, 4530 Enchanted Drive, addressed the Council requesting the utility charges which have accumulated against his property, prior to his purchase of it, be waived. Mr. Conlin explained he has made numerous attempts to collect the charges from the previous owner to no avail. Mr. Conlin noted since Burnett Realty represented both the buyer and the seller of the property, there may be payment forthcoming from the realty company. Councilmember O'Neill suggested Mr. Conlin continue to pursue this matter, possibly through a conciliation court action. Councilmember Stover inquired whether these charges have already been certified. Engineer Brown noted they have not. Attorney Beatty noted if the Council were not to certify the tax by November 30th, the charges could still be certified next year to be applied to the 1999 taxes for the property . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 4 Councilmember O'Neill noted staff will continue to assist Mr. Conlin with this matter. Stover moved, McCarty seconded deleting the delinquent utility charges for John Conlin, 4530 Enchanted Drive, from the utility certification list for 1997. Motion passed 5/0. 8. CONSIDERATION OF A MOTION AUTHORIZING PREPARATION OF PRELIMINARY SURVEY FOR BADGER WELL AREA McCarty moved, O'Neill seconded authorizing the preparation of the preliminary survey for the Badger well area. Motion passed 5/0. 9. CONSIDERATION OF A MOTION APPROVING PRELIMINARY DIRECTION TO MNDOT REGARDING IMPROVEMENTS TO THE INTERSECTIONS OF TRUNK HIGHWAY 7 WITH LAKE LINDEN DRIVE, WOOD DRIVE, AND TRUNK HIGHWAY 41 Mayor Dahlberg inquired whether the study information which was compiled by MNDOT has been made available to the City. Brown stated the study has been completed and he will present the . results of the study to the Council at the December 15th meeting. O'Neill moved, Stover seconded approving preliminary direction to MNDOT regarding improvements to the intersections of Trunk Highway 7 with Lake Linden Drive, Wood Drive, and Trunk Highway 41. Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE WITH THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Councilmember Garfunkel noted the City will lose some opportunity for funding if the Livable Communities Act is rejected. Mayor Dahlberg is not in favor of making a decision relative to this issue until such time as the Council has completed their review and update of the Comprehensive Plan. Councilmember Stover stated the City's participation with the Metropolitan Council has resulted in . somewhat reduced sewer charges as well as the Metropolitan Council's assistance on the issue of transportation. McCarty moved, Stover seconded, adopting RESOLUTION NO. 97-106, "A Resolution Electing to Continue Participating in the Local Housing Incentives Account . Program under the Metropolitan Livable Communities Act for the calendar year 1998." Motion passed 3/2. (Mayor Dahlberg and CounciImember O'Neill were the dissenting votes.) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS - PROJECT NO. 97-06 LAKESIDE W A TERMAIN EXTENSION McCarty moved, Stover seconded adopting RESOLUTION NO. 97-107, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids - Project No. 97-03 Lakeside Watermain Extension." Motion passed 5/0. . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 1997 - PAGE 5 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Planning Director Nielsen reported one building pennit has been issued on the Watten Ponds Development and site work has begun. Wetland mitigation will also begin in the near future. The Watershed District had advised this mitigation not begin until such time as the ground is frozen. Mayor Dahlberg inquired whether it would be beneficial to individually mark the trees which are to be removed as well as those which are to be saved. Nielsen felt this would be beneficial. B. Report on Messages Received on the Shoreline 13 . MAYOR & CITY COUNCIL REPORTS Councilmember O'Neill reported on the meetings which have been held relative to the Youth Coalition and various options which have been suggested relative to youth activities. 14. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting to Executive Session at 9:04 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD WORK SESSION MEETING TUESDAY, NOVEMBER 25, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL WORK SESSION DRAFT Mayor Dahlberg called the meeting to order at 7:38 p.rn. A. Roll Call Mayor Dahlberg; Councilmembers Stover, O'Neill and Garfunkel; Administrator Hurm; Planning Director Nielsen; Planning Commissioner Champa Councilmember McCarty B . Review Agenda . The agenda was approved as presented. Present: Absent: 2. DISCUSSION ON COMPREHENSIVE PLAN LAND USE SECTION Nielsen explained it is important the Comprehensive Plan Land Use Section and the Zoning Districts be consistent given the current statutory requirements. Mayor Dahlberg was of the opinion the zoning map should be utilized since it is the stable, recognized policy by which people have been guided, although he would be open to reviewing the possibility of lower density in the areas suggested by the Comprehensive Plan. CounciImember Stover felt if a property has been developed since the zoning districts were changed, then the zoning should be changed to reflect the appropriate zone so that the current homeowners are not in nonconformity. Nielsen noted there to be 15 areas throughout the city in which the land use is contrary to the actual zoning district. Each area was reviewed by Nielsen and input received from Council as follows: The consensus of the Council was to change the Land Use Plan to reflect a lower density. The zoning map would then remain as it currently exists. The consensus of the Council was to change the Land Use Plan to reflect RID zoning and the existing development pattern. The consensus of the Council was to change the Land Use Plan from 0 to 1 units per acre to allow for 1 to 2 units per acre. CounciImember O'Neill questioned whether a public hearing will be required when making changes to the Land Use Plan. Nielsen explained a citywide public notice will be utilized. CounciImember O'Neill expressed concern there be some sort of hearing at which time the neighbors would have an opportunity to express their concerns relative to how a piece of property is zoned and/or developed. . Area 1: Area 2: Area 3: #~~ CITY COUNCIL WORK SESSION MINUTES NOVEMBER 17, 1997 . PAGE 2 Councilmember Stover felt an individual homeowner's rights to be more important than the neighborhood's opinion of how an individual homeowner should develop their own property. With respect to Area No.3, Councilmember Stover suggested the property owner be asked which zoning he prefers, the RIA or RIC. The consensus of the Council was to leave the current zoning in place. Nielsen pointed out public hearings were conducted relative to the 1995 Comprehensive Plan which is currently in effect. There is however, a need to review the current Land Use Plan to bring it into conformity with the existing zoning. Changes in the Land Use Plan will not require any additional public hearings, however, revisions which are made to the Comprehensive Plan will require public hearings. Mayor Dahlberg believed the goal of the Council to be to stabilize the zoning which currently exists. Area 4: The consensus of the Council was to keep the current zoning and change the Land Use Plan to reflect 0 to 1 units per acre. Area 5: The consensus of the Council was to keep the existing zoning in place. Mayor Dahlberg suggested the zoning remain as it currently exists given its longstanding history. . Nielsen noted if the ownership of the property were to change, the current zoning provides for a larger commercial operation. Mayor Dahlberg expressed concern a change in zoning at this time could be construed as a taking of the property. Nielsen commented given the limited size and nonconformity of the property, there would not be many options for changing the existing operation. Nielsen felt given the limitations of this property a taking would be somewhat minimal. Councilmember O'Neill and Mayor Dahlberg were in favor of leaving the existing zoning in place. Area 6: The consensus of the Council was to leave the RIA zoning in place. Nielsen noted this to be a moot point since the property has been developed more consistent with RIA than RI C. He suggested leaving the RIA zoning in place as opposed to changing the zoning to RI C. Area 7: The consensus of the Council was to keep the existing RI C zoning in place. Nielsen pointed out a change to R2A zoning would result in an increased density. Mayor Dahlberg was opposed to changing the zoning to R2A. Councilmembers Garfunkel and O'Neill noted their agreement. . Councilmember Stover asked if RIC zoning would preclude a development such as an earlier proposal which had been made for senior housing type condominiums. Nielsen explained that zoning would not allow a 39-unit condominium project. Mayor Dahlberg suggested as the senior housing issue proceeds over the next several years that public hearings be held to investigate the possibility of rezoning this area to a dedicated senior housing area which would be relatively low density. Councilmember Stover was in favor of changing the zoning, however the consensus of the Council was to keep the existing zoning. Area 8: Nielsen did not recommend applying commercial zoning at this time and explained the intent would be to bring the uses of the property into confol1IlaI1ce with the Lakeshore Recreational zoning district. It was the consensus of the Council to keep the existing RIA zoning in place. , ,fk Area 9: It was the consensus of the Council to change the Land Use Plan to reflect the existing commercial uses. CITY COUNCIL WORK SESSION l\HNUTES NOVEMBER 17, 1997 - PAGE 3 Nielsen recommended changing the Land Use Plan to reflect low to medium density residential, 1 to 2 units per acre. Councilmember Garfunkel suggested specifying one unit per acre since there is a potential for two units to be built on one acre. Mayor Dahlberg noted his agreement. It was the consensus of the Council to change the Land Use Plan to reflect 0 to 1 units per acre. It was the consensus of the Council to change the Land Use Plan to public and the zoning district to RIA. Mayor Dahlberg suggested keeping the RIA zoning, however, he may be willing at some point to look at possible incentives to the owner to do something different with this area. Councilmember Garfunkel was in agreement. This will result in a change in the Land Use Plan lowering the density to 0 to 1 units per acre. Mayor Dahlberg stressed the Land Use Plan must be as clear as possible. The consensus of the Council was to change the Land Use Plan to low density residential, 0 to 1 units per acre. It was suggested the work session currently scheduled for Monday, December 1, 1997, at 7:30 p.m. be rescheduled to begin at 6:00 p.m. rather than 7:30 p.m. Area 10: Area 11: Area 12: Area 13: . Area 14: Area 15: Nielsen recommended changing the existing zoning from Rl C to R2B or higher. Mayor Dahlberg was in favor of keeping the existing zoning in place. He was opposed to increasing the density to R2B. Councilmembers Garfunkel and O'Neill were in favor of changing the Land Use Plan rather than the current zoning. It was the consensus of the Council to change the Land Use Plan to reflect the existing zoning. The consensus of the Council was to change the Land Use Plan to medium density residential, 2 to 3 units per acre. 3. ADJOURNMENT Garfunkel moved, Dahlberg seconded to adjourn the City Council Work Session Meeting at 9:57 p.m. Motion passed 4/0. . RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: YOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD WORK SESSION MEETING MONDAY, DECEMBER 1, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DRA~T \ Mayor Dahlberg called the meeting to order at 6:04 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill and Garfunkel, __A..u.u~rrat6fHtirm; Planning Director Nielsen; Planning Commissioners Kolstad, Champa and Turgeon (arrived at 6:22 p.m.) Absent: Councilmembers Stover and McCarty B . Review Agenda . The agenda was approved as presented. 2. DISCUSSION ON COMPREHENSIVE PLAN LU-! Item No.3 - Councilmember O'Neill suggested removal of the last sentence which refers to the development of smaller lot sizes. Mayor Dahlberg suggested Item No.3 be eliminated entirely since it become irrelevant. Item No.4 - Mayor Dahlberg felt the single goal be to keep the affordable housing which exists and encourage builders to construct smaller homes on the larger lots. He did not feel it should be a specific goal of the City to maintain a variety of housing. Any housing which complies with the zoning map would be acceptable. Nielsen will rewrite Item Nos. 3 and 4 to reflect the Council's goal of preserving the current housing which exists and adherence to the existing zoning map. . LU-4 Mayor Dahlberg felt Item No. 11 should be deleted entirely given the fact there will be a moratorium on senior housing at which time the ordinance relative to senior housing will be rewritten. Councilmember O'Neill expressed his agreement. LU-5 Paragraph 2 - Mayor Dahlberg suggested defining the coordination of the development of small parcels which are developed at different times. Paragraph 4 - It was the consensus of the Council to strike this paragraph noting that in the event of a discrepancy, the zoning map will control. :tF~D CITY COUNCIL WORK SESSION MINUTES DECEMBER 1, 1997 - PAGE 2 Paragraph 6 - The consensus of the Council was to.leave the last sentence as it currently reads. Mayor Dahlberg suggesting deleting the sentence relative to "the lack of affordable housing options presents an area of concern." He stated he would like to revisit this issue at some point in the future. Mayor Dahlberg felt the entire section relative to senior housing should be deleted and the Council revisit this issue at some point in the future and rewrite this section of the Plan. Nielsen pointed out the purpose of the moratorium which has been proposed is to provide an opportunity for the Council to study the issue. Mayor Dahlberg expressed concern relative to protecting a specific class of citizens by labeling housing as being specific to seniors. LU-7 Item No.2 - Councilmember O'Neill asked for an explanation of this provision. Nielsen stated this provision relates to physical barriers which separate neighborhoods, reducing the impact of those such as a trail system which may connect various neighborhoods. Mayor Dahlberg felt this item should be restated since the current language is extremely abstract. LU-9 . Item No.9 - Mayor Dahlberg felt this could be stricken since the Council will rely on the existing zoning map. Item No. 13 - Councilmember O'Neill stated he is not in favor of cluster homes. The consensus of the Council was to delete the reference to cluster homes. Councilmember Garfunkel felt the Council should provide a vision to the Planning Commission and then refer the Comprehensive Plan to the Planning Commission for their review and recommendations. Item No. 16 - Councilmember Garfunkel suggested deleting this provision. Councilmember O'Neill was in agreement as was Mayor Dahlberg. LU-17 The consensus was to rewrite this section, deleting the reference to cluster housing. Nielsen suggested there also needs to be some clarification as to where PUD will be utilized and under what provisions. Councilmember O'Neill clarified it had been the agreement of the Council to delete "cluster" from the Comprehensive Plan as a goal of the City. . LU-21 Last Paragraph - Nielsen noted this paragraph can be deleted since there are no plans to change density from low density to low to medium density. LU-27 With respect to a transitional area between lower density residential uses and high density uses such as commercial, the goal is to locate the greater density of population nearer to the activity center and major traffic area. CITY COUNCIL WORK SESSION MINUTES DECEMBER 1, 1997 - PAGE 3 LU-32 Councilmember O'Neill inquired whether the City has inventoried the existing housing stock. Nielsen explained that is being addressed by staff. Mayor Dahlberg felt this section should be deleted and the Council will address it at some point in the future. LU-35 Councilmember O'Neill inquired whether Item No.2 had been done. Nielsen explained parks are the primary focus for any of the neighborhoods. With respect to Item No.5, Councilmember O'Neill suggested striking the reference to planned unit development. LU-36 Item No. 16 - Mayor Dahlberg did not feel this to be a realistic goal. Councilmember O'Neill noted the Planning Commission addressed this issue and there were no locations identified. TR-7 . Item No.2 - It was the consensus of the Council to strike this provision. TR-8 . Item No. 11 - Councilmember O'Neill felt this should be addressed on a case by case basis since the lay of the land would affect the decision to utilize curbs and gutters. Councilmember Garfunkel noted his agreement. Mayor Dahlberg suggested new developments should consider curb and gutter, however, the City will not mandate it. Nielsen noted new developments are currently required to construct curb and gutter. Nielsen felt this issue could best be addressed by Engineer Brown. Mayor Dahlberg inquired whether the City wants to impose architectural controls on a development. Councilmember O'Neill suggested adding the provision that other drainage solutions will be considered when more economical and practical. Mayor Dahlberg commented if it is an aesthetic issue, he would not want to mandate the use of curb and gutter, nor would he want their use to be prohibited. In the event of an ecological, environmental or stormwater management issue, there could be circumstances under which not having curb and gutter might be mandated on a case by case basis. This could also apply in the alternative where curb and gutter might be mandated for similar reasons. Nielsen suggested rewriting the provision to provide that new development shall have curb and gutter where necessary to accommodate drainage. Item No. 14 - The consensus of the Council was to strike the reference to cluster and PUD. Item No. 15 - Mayor Dahlberg felt this to be an appropriate issue for a referendum. Hurm commented Hamline University completed a study relative to garbage collection in Shorewood. This information can be provided at a work session for Council review. Hurm also stated if the City were organized similar to Excelsior or Tonka Bay, the taxpayers would save approximately $150,000 to $200,000 per year in garbage collection alone. This does not factor in the damage which is done to the streets. Mayor Dahlberg felt the residents should be informed of their choices. CITY COUNCIL WORK SESSION MINUTES DECEMBER 1, 1997 - PAGE 4 TR-9 Item No.2 - Councilmember O'Neill addressed the issue of situations where snowplows must work around boats and other items which are parked in the street. Nielsen felt this provision applies to parking lot situations which should periodically be reviewed. Councilmember Garfunkel suggested some type of ban relative to on-street parking. Mass Transit - Item No.4 - The consensus of the Council was to strike this provision. TR-17 Item No.3 - Councilmember O'Neill inquired relative to the provision recommending the length of cul-de-sac streets be reduced from 2,000 feet. Nielsen explained a cul-de-sac of 2,000 feet would be considered hazardous. It is recommended this provision be reduced to 1,000 feet. 3. ADJOURNMENT O'Neill moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 7:30 p.m. Motion passed 3/0. . RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDA Y, DECEMBER 3, 1997 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. DRAFT Mayor Dahlberg called the meeting to order at 7:35 p.m. He also anTIC" Council Meeting will be recessed at 7:45 p.m. and a City Council Specie conduct the Truth In Taxation Public Hearing. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Finance Director AI Rolek; Engineer Larry Brown . B . Review Agenda Mayor Dahlberg read the Agenda for December 3, 1997. Administrator Hurm requested the addition of Item 5A, Consideration of an Ordinance Amendment Regarding Liquor at the Southshore Center, and Item 5B, A Motion Regarding the Consumption of Liquor at the Southshore Center. The agenda was approved as amended. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - November 12, 1997 Dahlberg moved, Garfunkel seconded approving the City Council Work Session Meeting Minutes for November 12, 1997, as amended on Page 1, Last Paragraph, change "planning city" to "Plan A city"; Page 2, Paragraph 1, change "planning city" to "Plan A city"; change to read "systematically documented clear policy." Motion passed 5/0. . B. City Council Work Session Minutes - November 17, 1997 Dahlberg moved, O'Neill seconded approving the City Council Work Session Minutes for November 17, 1997, as amended on Page 1, Item 2, Paragraph 6, change "necessary" to "necessarily." Motion passed 5/0. C. City Council Work Session Minutes - November 19, 1997 D. City Council Regular Meeting Minutes - November 24, 1997 E. City Council Work Session Minutes - November 25, 1997 Dahlberg moved, O'Neill seconded tabling consideration of the City Council Work Session Minutes for November 19, 1997, the City Council Regular Meeting Minutes for November 24, 1997, and the City Council Work Session Minutes for November 25, 1997, to the December 15, 1997 meeting of the City Council. Motion passed 5/0. -It";tE: CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 2 F . City Council Executive Session Minutes - November 24, 1997 Dahlberg moved, O'Neill seconded approving the City Council Executive Session Minutes for November 24, 1997, as submitted. Motion passed 5/0. 3. CONSENT AGENDA Stover moved, McCarty seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion to Approve a Block Party Request - July 4, 1998 from 9:30 a.m. to 11:00 a.m. B . A Motion to Authorize the Execution of Deferred Loan Repayment Agreement - 20390 Excelsior Boulevard Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None . 5. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the December 2, 1997, meeting of the Planning Commission, (as detailed in the minutes of that meeting). Mayor Dahlberg recessed the meeting at 7:54 p.m. to convene the City Council Truth in Taxation Meeting. Mayor Dahlberg reconvened the Regular City Council Meeting at 8:29 p.m. A. CONSIDERA TION OF AN ORDINANCE AMENDMENT REGARDING LIQUOR AT THE SOUTHSHORE CENTER Bob Gagne, 24850 Amlee Road, Chairman of the Friends of the Southshore Senior Center, was in attendance. He explained to the Council there have been 25 requests for the rental of the facility. He noted the rental fees and fundraising has been utilized to pay for the facility. Mr. Gagne noted the Center is dependent upon the rental of the facility to meet the operating expenses. Mr. Gagne explained there have been rental inquiries in which potential renters have wanted to be allowed to have alcohol on the site. He noted this is currently not permitted, however, he requested wine and beer be allowed to be served on the premises. The Council was provided with a list a potential requirements which were developed by the Friends of the Southshore Center. Councilmember Garfunkel questioned whether there is a need for a liquor license. Attorney Dean explained under the local ordinance, a liquor license is required when alcohol is furnished either by sale or by gift, although the state statute refers to a licensing activity as being one where alcohol is served as part of a commercial transaction. He did not feel a license should be required given the manner in which the activities are structured at the Center. Attorney Dean recommended the policies and regulations relative to this issue be reviewed by the League of Minnesota Cities Insurance Trust. . Mayor Dahlberg inquired whether the request would be restricted to beer and wine. Attorney Dean explained this would include any alcoholic beverage. The proposed ordinance amendment addresses the intoxicating liquor provision of the ordinance. CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 3 Mr. Gagne noted he will be obtaining a copy of the rules and regulations which are currently utilized at the Minnetonka Senior Center. Councilmember O'Neill requested Gagne supply the Council with a copy of those regulations. Councilmember Stover stated the Friends group intends to establish stringent restrictions to avoid the possibility of any problems associated with the use of alcohol in the facility. Councilmember O'Neill stated he supports the request, however, he would like to review the rules and regulations prior to voting on this matter. Mayor Dahlberg felt procedurally there would not be a problem with acting on this matter since the Council will have the opportunity to review the rules and regulations before they are put into effect. Councilmember Stover suggested granting approval contingent on the review and approval by the City Council of the policies and regulations. Stover moved, McCarty seconded adopting ORDINANCE NO. 325, "An Ordinance Relating to Prohibited Acts and Conditions Amending Shorewood City Code Section 403, Subd. 11." Motion passed 5/0. . B. A MOTION REGARDING THE CONSUMPTION OF LIQUOR AT THE SOUTHSHORE CENTER Garfunkel moved, O'Neill seconded approving the consumption of liquor at the Southshore Center subject to review and approval by the City Council of the policies and regulations for such consumption. Motion passed 5/0. Hurm noted the Center cannot allow beer or liquor to be served until the Council has reviewed and approved the policies and regulations relative to such consumption. Councilmember Stover requested this matter be placed on the next agenda for further consideration. Attorney Dean asked Mr. Gagne to provide the proposed policies and regulations to the League of Minnesota Cities Insurance Trust for their review as well. 6. CONSIDERATION OF A RESOLUTION AND AN ORDINANCE ESTABLISHING A MORATORIUM ON SENIOR HOUSING . Attorney Dean explained this proposed moratorium would apply to any elderly housing which would require a Condition Use Permit or a Planned Unit Development. Garfunkel moved, O'Neill seconded, adopting ORDINANCE NO. 326, "An Ordinance Regarding Development of Elderly Housing Projects as Conditional Uses and Establishing Interim Regulations Pertaining to the Same." Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) Garfunkel moved, O'Neill seconded, adopting RESOLUTION NO. 97-108, "A Resolution and Ordinance Establishing a Moratorium on Senior Housing. " Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 4 7. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring City Engineer Brown reported relative to the lakeside watermain extension, several applicants have voiced concerns relative to property issues and have requested the project be put on hold until such time as these issues can be addressed. He explained this project will likely be advertised and bid in the spring. Mayor Dahlberg inquired relative to the Shady Island Bridge. Brown stated bituminous has been applied to the bridge deck and the bridge has been opened to a 14-foot width. He anticipates the bridge will be opened to its full width in the spring. Mayor Dahlberg inquired relative to the Gideons Wood Development. Brown explained telephone calls have been made to Mr. Bruce Newton relative to the storm sewer process. He was also notified screening with the berm and fence was available. Brown noted he has not received any response to his inquiries. Finance Director Rolek reported he has met with a number of residents relative to the Truth in . Taxation statements and encouraged any residents with questions relative to their statement to contact him. 8. MA YOR & CITY COUNCIL REPORTS Attorney Dean explained he has received a letter from Mr. Paul Weingarden, the attorney for Eagle Crest, suggesting the Council may want to reconsider their denial of Eagle Crest's request based on his belief the facts do not support the Council's decision and the City would likely lose in litigation of this matter. Attorney Dean was of the opinion the case is defensible. He will make Mr. Weingarden's letter available to the Council for their review. Councilmember O'Neill commented on the preservation of green space in Shorewood and requested this matter be considered in January. He also raised the issue of home occupations and suggested the Planning Commission be directed to review the ordinance and ascertain what other cities are doing in this regard. Mayor Dahlberg noted his agreement. Councilmember Stover commented on new state laws relative to snowmobile regulations and . questioned whether those will be sent out to the registered snowmobile owners in Shorewood. Hurm stated this could be done. Councilmember Stover requested the Police Department also receive a copy of the regulations. Councilmember Stover inquired when lighting can be anticipated at the County Road 19/Country Club Road intersection. Brown stated the signal has been scheduled for 1999. Brown has inquired whether the Hennepin County Capital Improvement Program could be amended to allow this work to be completed in 1998. He will contact Hennepin County Commissioner Penny Steele to request her assistance in this matter. Councilmember O'Neill asked that information relative to accidents in this area be obtained from the police department and provided to Commissioner Steele as well. Brown was uncertain how easily this information could be obtained. Councilmember Stover inquired whether there is sufficient space to accommodate a right turn lane to accommodate traffic coming from Smithtown intending to travel to County Road 41. Brown. stated this can be addressed as part of a signal justification report. . . CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 3, 1997 - PAGE 5 Planning Commissioner Turgeon noted the information relative to a moratorium on senior housing was not made available to the Planning Commission at the meeting in which they recommended a moratorium on senior housing. She asked for direction from the Council relative to what is expected of the Planning Commission relative to this issue. Mayor Dahlberg suggested the Commission focus on instances of Conditional Use Permits and Planned Unit Developments. 11. ADJOURNMENT Stover moved, McCarty seconded adjourning the meeting at 9:30 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TolVi-fiAHLBERG;MAYOR"--- JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING WEDNESDAY, DECEMBER 3, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING DRAFT Mayor Dahlberg called the meeting to order at 7 :54 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill anu \.TdflUIlKt::l; Administrator Hurm; City Attorney John Dean; Finance Director Al Rolek; Engineer Larry Brown Review Agenda B. Mayor Dahlberg read the Agenda for December 3, 1997. . 2. TRUTH IN TAXATION PUBLIC HEARING Finance Director Rolek provided a summary of the 1998 Proposed Annual Operating Budget which proposes a growth in expenditures of 4.77 percent from 1997. In addition, changes made by the legislature in the property classification rates has resulted in an increased tax rate for 1998 from 17.479 percent to 18.295 percent. Administrator Hurm reviewed the 5-year Capital Improvement Program and City Engineer Brown reviewed the public works aspects of that program. Councilmember O'Neill expressed concern relative to reclamation versus reconstruction of the roadways since he is unsure the subsoils in the City are adequate to attempt a reclamation project. Mayor Dahlberg opened the public hearing at 8:28 p.m. Hearing no public testimony, he closed the public hearing at 8:29 p.m. . 11. ADJOURNMENT Mayor Dahlberg adjourned the meeting subject to reconvening the regular meeting at 8:29 p.m. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #"~f CITY OF SHOREWOOD WORK SESSION MEETING MONDA Y, DECEMBER 8, 1997 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Dahlberg called the meeting to order at 6:15 p.m. A. Roll Call CONFERENCE ROOM 5755 COUNTRY CLUB. ROAD 6:15 P.M. DRAFT Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel. Administrator Hurm was available to greet applicants. B . Review Agenda Present: The agenda was approved as presented. . 2. INTERVIEWS WITH PLANNING & PARK COMMISSION APPLICANTS The following people were interviewed for the vacancies on the Park and Planning Commissions: . Applicant Paula Callies, 20465 Radisson Road Deborah Borkon, 5590 Shore Road Jim Pisula, 26175 Shorewood Oaks Drive Laura Turgeon, 24670 Amlee Road Jeffery Bailey, 19660 Sweetwater Curve Jerry Hayes, 19680 Chartwell Hill Steve Hertzenberg, 26115 Shorewood Oaks Drive Jay Venero, 5985 Seamans Drive Mark Themig, 21780 Lilac Lane Martin Wellens, 4755 Lakeway Terrace Gina Hertzenberg, 26115 Shorewood Oaks Drive Chuck Cochran, 5915 Strawberry Lane Dan Puzak, 23830 Smithtown Road Ann Packard, 5735 Brentridge Drive Neil Anderson, 5815 Club Lane Judy Farniok, 25404 Smithtown Road Commission Planning Planning Planning Planning or Park Planning Planning Planning Planning Park Planning Park Park Park Park Park or Planning Park Franklin Svoboda, 25580 Nelsine Drive, formally withdrew his application prior to the meeting. Judy Farniok's interview was conducted via conference call. Patrick Collins and John Healy were unable to attend the meeting. 3. DISCUSSION AND CONSENSUS OF APPOINTMENTS AND DIRECTION TO STAFF TO PREPARE A RESOLUTION OF APPOINTMENT FOR DECEMBER 15 MEETING The Council was very pleased with the number and quality of the candidates for Commission positions. Mter discussion, Council came to consensus that the following names should be included in resolutions of appointment to be considered at their December 15, 1997 regular meeting: :fJ.lr CITY COUNCIL WORK SESSION MINUTES DECEMBER 8, 1997 - PAGE 2 Planning Commission Paula Callies Jeffery Bailey Patrick Collins Park Commission Dan Puzak Mark Themig Chuck Cochran There was also a consensus that should a vacancy occur during 1998 on the Planning Commission, Deborah Borkon will be asked to fill the vacancy, and should a vacancy occur during 1998 on the Park Commission, Ann Packard will be asked to fill the vacancy. 4. ADJOURNMENT Stover_moved, McCarty seconded to adjourn the City Council Work Session Meeting at 10:22 p.m. Motion passed 5/0. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . ..... '.. AGREEMENT FOR RECYCLING COLLECTION This agreement is made on the 1st day of January, 1997, between the City of Shorewood located at 5755 Country Club Road, Shorewood, Minnesota 55331 ("City") and E-Z Recycling, Inc. located at 875 North Prior Avenue, St. Paul, Minnesota 55104, a Minnesota corporation. The purpose of this statement is to set forth terms and conditions for recycling collection by E-Z Recycling for the City. The City and E-Z Recycling agree as follows: SECTION 1. OBLIGATIONS. A. E-Z Recycling shall provide once-a-week pickup services for all recyclable materials at all residential properties, not to commence prior to 7:00 a.m. on Wednesdays for the mainland, and Thursday for Enchanted and Shady Islands. B. Materials to be collected - E-Z Recycling will collect the following recyclable materials, placed by the resident in or near a container placed at curbside and assuming the preparation of materials: . All fiber materials including: newspaper and inserts, office paper, mixed paper including all junk mail, cardboard, magazines, and phones books. This excludes textiles. All materials can be mixed and bundled or bagged in craft bags and left in or next to recycling bins. . Glass - Mixed clear, brown and green glass food and beverage containers. Lids and labels may be present. Metal Cans - Unsorted aluminum, steel, tin and bi-metal cans. Labels may be present. Plastics - Unsorted plastic food and beverage containers with a neck. Promotions will ask people to remove lids. Improperly prepared recyclables, that is recyclables not reasonably free of food, dirt or other contaminants, or materials other than those specified above can be left in the container along with an education tag identifying that materials as not being collected in this program. E-Z Recycling will be responsible for providing education tags, and informing the residents on source separation and the proper way to recycle. The city shall be notified of each education tag issued and the reason for the tag. The third time an education tag is left at a residence for commingling - the material will be left with the tag. E-Z Recycling will educate residents by dropping flyers, brochures andlor recycling information in the residents recycling bins on a periodic basis. E-Z Recycling will be responsible for educating collection vehicle drivers. 1f4 A- I .r iIf"'- C. Reporting Requirements - E-Z Recycling will be required to report the following information: E-Z Recycling must report weights of recyclables collected on a monthly basis. E-Z Recycling must provide certified weight receipts for all materials collected within 15 days of the end of the month for the previous month. If each material is not weighed separately on an ongoing basis E-Z Recycling must indicate the procedure that will be used to determine individual material breakdowns. The City may require E-Z Recycling to separately weigh each material at any time at it's discretion and at no additional cost to substantiate accuracy of the proposed procedure. E-Z Recycling must report, by individual materials and amounts, where materials are delivered for recycling. State law requires counties to ensure that the materials are recycled. Consequently, if E-Z Recycling delivers materials to a broker, E-Z Recycling must report what end market the broker used. Summaries by brokers and end markets must be provided within 15 days of the end of the month for the previous month. Brokers or recyclable processors receiving materials must have the appropriate state and local permits or licenses. If materials are stored for a period longer than 30 days by E-Z Recycling, the amounts of materials by type and location of storage must be reported. E-Z Recycling must report the gross revenues received from the sale of recyclables, by material, on a monthly basis. . E-Z Recycling must provide set-out rates using a method acceptable to the City for all households placing recyclables out for collection during the months of May and October and must be reported within 15 days of the end of the respective months. D. Equipment Requirements: E-Z Recycling must obtain a license from the County for each recycling vehicle or trailer. There is no fee for the license. All vehicles must be maintained in proper working condition and be available for inspection by the City. Vehicles should be equipped with warning flashers, a broom and shovel for spills. E-Z . Recycling's name and telephone number must be displayed prominently on both sides of all vehicles. Each vehicle must be signed as a "recycling" vehicle. The city must be notified in advance if any vehicle other than the typical recycling vehicle is used for colleotion purposes. E. Missed Collections: A procedure for receiving and responding to complaints of missed collections shall be prepared by E-Z Recycling and approved by the city. F. Holidays: A procedure for holiday collections shall be agreed upon by the City and E-Z Recycling at least 6 months prior to any change. G. Market Development: E-Z Recycling agrees to provide the City of Shorewood with 25% of collected newsprint upon 15 days prior written notice. H. Inclement Weather: On collection days where inclement weather affects collection - pickup will be moved to the following day. .l. SECTION 2. PAYMENT. A. The City will compensate E-2 Recycling for the performance of its obligations as follows: Curbside Collection - $2.05 per stop per month for weekly collection based on 2,400 households. Totals to be reviewed annually. SECTION 3. MATERIAL REVENUE SHARING. E-2 Recycling agrees to pay the City of Shorewood 50% of proceeds from the following collected materials when the value of the material exceeds the stated value at local markets agreed upon by the E-2 Recycling and the City of Shorewood. Markets are to be reviewed quarterly and agreed upon. . Material Newsprint (loose unbaled) Cardboard (loose unbaled) Glass (mixed unsorted) Plastic (mixed unsorted) Cans (mixed unsorted) Price per Ton $30.00 20.00 30.00 36.00 570.00 SECTION 4. TERM. The term of this agreement shall be January 1, 1997 to December 31, 2000. At the end of the term of this agreement, the parties may make a new agreement or extend or modify the terms of this agreement. SECTION 5. CANCELLATION. Either party may cancel this agreement at any time, without cause, upon ninety (90) days written notice to the other party. In such event of termination, E-2 Recycling shall be entitled to payment of those services furnished up to the termination date. The city has the right to cancel this agreement at any time upon E-2 Recycling's violation of the terms of this agreement. . SECTION 6. GENERAL CONDITIONS. A. All services and duties performed by E-2 Recycling pursuant to this agreement shall be performed to the satisfaction of the City and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations as a condition of payment. E-2 Recycling agrees to comply with Minnesota Statutes 181.59, relating to non-discrimination. B. E-2 Recycling must obtain and provide the City with a certificate of insurance indicating the following minimum levels of insurance coverage are in effect: Workers' Compensation Contractor's Public Liability Insurance Property Damage Automobile Public Liability Statutory $1,000,000.00 $100,000.00 $1,000,000.00 The Certificate of Insurance shall contain a provision that the coverage will not be canceled without thirty (30) days prior notice to the City. C. E-2 Recycling shall indemnify and hold harmless the City, it's employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable as a result of the fault of E-2 Recycling or it's employees. D. The provisions of this agreement are severable. If any portion hereof is, for any reason, held by a Court of Competent Jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the agreement. E. This agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. CITY OF SHOREWOOD E-Z RECYCLING, INC. By: By: Mayor By: By: City Administrator J.. . . . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS WHEREAS, the Shorewood City Code Section 507.05 provides for the annual licensing of refuse collectors in the City; and . WHEREAS, said Section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this application and fulfilled the requirements for the issuance of a License for Refuse Collection. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Refuse Collection be issued for a term of one year, from January 1, 1998 to December 31, 1998, to the following applicants: Permit # Firm Name Address 98-001 Blackowiak & Son 1195 Sunnyfield Rd N. Mound, MN 55364 98-002 Randy's Sanitation Box 169 Delano, MN 55328 98-003 Quality Waste 1901 W 144th ST Control Inc. Burnsville, MN 55306 98-004 Waste Management 12448 Pennsylvania Ave S Savage,MN 55378 98-005 Chaska Sanitation 731 Victoria Dr Chaska, MN 55318 98-006 Veit Container Corp. 14000 Veit Place Rogers, MN 55374 98-007 Waste Technology Inc. 5232 Hanson Court Crystal, MN 55428 ADOPTED by the City Council of the City of Shorewood this 15th day of December, 1997. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR tt'-l8 . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmers. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Tree Trimming be issued for a term from January 1, 1998 to December 31, 1998, to the following applicants: Permit # Firm Name Address 98-008 Shorewood Tree 9715 Fenner Ave SE Delano, MN 55328 98-009 TreeCare P.O. Box 358 Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 15th day of December, 1997. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR =/t'i(!' ~ . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION AUTHORIZING THE APPLICATION FOR FUNDS FROM THE MIGHTY KIDS GRANT PROGRAM OF THE MINNESOTA AMATEUR SPORTS COMMISSION WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides funds to assist political subdivisions of the State of Minnesota for the development of youth sports and recreation programs; and WHEREAS, the City of Shorewood is desirous of entering into a Youth Soccer Development Partnership with the Tonka United Soccer Association. NOW, THEREFORE BE IT RESOLVED THAT THE City Council of the City of Shorewood: 1. Estimates that the total cost of developing said program shall be $40,000 and the City of Shorewood is requesting $20,000 from the State General Fund. The matching $20,000 shall come from the Tonka United Soccer Association. 2. That the City Administrator is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December, 1997 Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk *41) Reel Good 1JiJ12/11/97 11' 612 470 0232 COMMITTEE DRAFl' a work in progress as of 12 :55 PM, December 11, 1997 Mighty Kids Grant Proposal Required Components Application Cover Sheet Resolution(s) of local applicant Agreements & Arrangements: by and between entities involved Community Organization Overview Program Overview Program Objectives Line item budget showing costs and disbursements for: Salary & Fringe Equipment Facility Rental Facility Upgrade Transportation Match Requirement: how much and where it's coming from. (1)12:55 PM 02/4 '"' . . ~ Reel Good 1:1' 612 4700232 1JiJ12111/97 <3> 12:56 PM Cl3l4 COMMITTEE DRAFT a wort< in progress as of 12 :55 PM, December 11, 1997 Mighty Kids Grant Proposal for the Youth Soccer Development Partnership Program between The City of Shorewood and T onka United Soccer Association a Non-Profit, Charitable Corporation . Program Overview This is a combined teaching and facility improvement program between Tonka United Soccer and the City of Shorewood. The teaching component of the program is intended to increase the number of children participating in the entry-level, instructional and recreational soccer program of Tonka United Soccer Association. This program will teach the skills and lessons of the game of soccer as a team sport and healthy. life-long physical activity to more of the youth of the 11 communities that Tonka United serves. especially those who might otherwise not have the resources to pay their own tuition. The program curriculum is focused on less experienced girls and boys ages 5 - 11, who are just beginning to learn the game. They'll have the opportunity to participate in a program that has been expertly developed and will be taught by excellent coaches. The primary educational objective of the program is to build a foundation of solid technical skills that will give beginning players more facility in playing the game, and more confidence to participate at a higher level, encouraging them to continue playing. In order to achieve this objective, a professional coach will be hired to work with the Director of Coaching to The facility improvement portion of the program directs funds, matched dollar for dollar by Tonka United, at improving existing facilities to assure community- wide access and use of facilities which are located in one of 11 municipalities served by Tonka United. The educational portion of the program will require additional use of a Shorewood City Park, which is in need of upgrade and infrastructural improvement in order to support this community-wide sports educational effort. The facility improvement funds will go to re-surface. crown and irrigate 3 full size multi-purpose fields over 3 years. The City of Shorewood has permitted Tonka United to use of Freeman Park to create and administer soccer programs that serve Shorewood and 10 neighboring municipalities for 10 years. Directing this funding at the improvement of the facility will allow the City to continue to focus its considerable commitment toward maintenance. . Reel Good 11' 612 470 0232 1fiJ12111/97 ~12:56 PM Cl4l4 COMMITTEE DRAFl' a work in progress as of 12 :55 PM, December 11, 1997 Program Objectives Increase team sports participation opportunities for all children in the Mi nnetonka School District. Encourage participation in an active, healthy team sport . Improved self esteem through cooperative support in a competitive athletic environment. Bond the participants with other children that have like interests in order to provide peer support for positive associations and decisions within each child's peer group. Teach the lessons of team play and cooperative participation in a creative sports environment. Provide adequate facilities for increased long-term use of existing facilities. Improve the bond and working partnership between the largest independent non-profit youth sports organization in the community with a key municipality which it serves and depends on. '"' . . . . ~ To: Mayor and City Council James C. Hurm, City Administrator Teri Naab, Executive Secretary I Deputy Clerk Larry Brown, City Engineer December 10, 1997 From: Date: Re: Secretarial Position For the last several months we have diligently tried to fill a secretarial position at City Hall. Due to the nature of the job market and the requirements of the position, it has been quite a difficult process. We are happy to inform you that recently we received an application for this position from Twila Grout. Twila did very well in both the practical and oral interview process and has acceptably met all other requirements of the position (Le. background check, reference check and physical). Twila has worked for the past 15 years for an insurance company in varying positions starting as a receptionist and working her way up to a supervisory position. Unfortunately for her, the company decided to move its corporate headquarters out of state. If hired, Twila will be offering clerical support to both the Engineering I Public Works Department as well as Administration. We feel her background makes her a well qualified candidate and look forward to welcoming her on our team. Staff recommends the hiring of Twila Grout, effective immediately, at Step 1 ($10.46) for the Full-time Oerical position of the salary scale. / I HE !: Name: 0rDo-L ~t -r wi la. First Aef\ee Middle Number . l~~ Street Apt. Number . Address: .-- ffiooY0- City m~ St:1te 553104- Zip Code Phone: I I I _If . ~,-",,,,,,,,,,,, Home Work Social Security Number : 11 " - l.J- . -' Are you a citizen of the United States? ~ No If YOU:lIe noe, do you have Bureau of Immigration approvai to wor'.. in the U.S.? (If hired by the City you :lIe required co show proof or eiigibility.) Are you willing and available to work overtime and shift work? ~ No Have you served a sentence in jail or been convicted for' a misdemeanor or felony for which a jail sentence could have been imposed? , Yes ~ (You may answer "no" if the conviction or criminal records have been annulled. sealed. set-aside, or purged or if you have been pardoned pursuant to the law.) . If "yes," please attach a separate sheet with an explanation. Information concerning this question will not be used to automatically bar you from employment. Type of Work: Temporary Permanent t/" Seasonal Part. Time Date Available: AS {J(P Circle the highest Grade Completed: Hi9:h School 9 10 11 @)orGED College 13 14 15 16 Post Graduate iYIA or PhD ~ ~ Educational Information Course of List Diploma Last ye:Jr Did you or de2ree & School S wdv completed Graduate? year obtained High School 1 'J(j) 4 B No Dlplo(Y\CL. - j lCi'lg College 1 2 .. 4 Yes No j Other (Soecify) '01'\ cey.f-. i98D 1 2 3 4 @ No Special Skills and Qualifications . List any correspondence courses. seminars. wor'AShops. training, and skills acquired that might relate to this position and summarize special job-related skills and qualifications acquired from employment or other experience. ('~ ckt:sse; m- ikrtllfy C00f->\eY 'S'JwJ C,ert i-~-Ies ill -1Dm;l, t-xeel} Accf:ss, ~boJd'"Po\r.-t: J:Yt-levr1cl..- u);t1l.IDuJs Go, - ~s ; ~YY\e ffuxt~ev'I'l€rL-\: t\8Joha}l~rs ~IsJ AsS~~(e ~~ul11J).S ,i~DYl~lleJ ~~ \rC/H\.IYt<j ~€ +rO-lnJl~ - .5+w.. e; : ~~.(e. - M.<ee' - . ls + (}U,tYlM~ , ;hv'-e ~ \\'& \"$. {}Jcitiru:; over List any current licehSes, registrations, or certificates tllat you ossess. license number, class and State of issue. . , ~~~~;~'~~irlf(-1\!1'!~,~::~i~~~""-;'~: ...f~:,~ . ~'.;.: -". ., ,.:".,~';::""F::,~'.~:~: '. ..",">.'. ,.", .,:.~.,~~<>c~,. " :'.'~'::''-'''; .' ..' '., ..... .~. .:' .' ,~,~~ijJ::" <;- .:. ':,:,;f:.-'. ,~,::;'" . - .-.::(.:..-.....-,... -+..-,. ".. ~. .. . TO: BE: CQ,MPLETED<BY APPLICANTS FOR LABOR AN]}'SKmLED':<:r"::"i~ TRADFPOSITIONS ONLY.. .... . '. :~,!~;... .....:::':~::;.;:.0~~;~-r~~~\~#~:~ft-~;-;:g. .t~~~';s~tL~~~.1~:~~~S!~~;~}~0?i~'t.~...c:')i;~~~l~~~i~~4'i '~:'.~ .;,:.;,.;"':':-"'>._;0',,:"::- ~-.... . 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Pkumect Ccorci~.r. c.fUjJ{ernenfepL v1Qt0 ~v:il ClS~~ Lobs Con1wI Aep~enhh~ l'nspxhoVl re;D1s: -r~pw. ~ Ccm.ool.rer6(b W(~q{eJrApt{on0 CQl11MQYcUal DltQ5 $E'c.re~: . ~~.p~e5 . . . dc& cl[~ha orb p~ep: .. ... ... f> .. - .. ..' ...:.. .. . . e~6fU~+:.. rIOO.- c. . ... .... ..... .. ~1p~~(~~P(:;s~ ~~ . '" ~/ MAYOR Tom Dahlberg . CITY OF SHOREWOOD COUNCIL Krist! Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.neVshorewood cityhall@shorewood.state.net \ MEMORANDUM . TO: Mayor and City C01{ncil James Hurm, City Administrator . ~/ ~OM: Urry Brown, DF~r of Public Works ~i, DATE: December 11, 1997 RE:' Consideration of a Motion to Amend Resolution 97-104 By Changitig the Final Payment Amount - South Link Watermain Extension On November 24th, 1997, the City Council.approved Re~olution97-104 for final payment to GL Contracting in the amount of $19,168.91. 1'-' - Since that time, the_Contractor has completed a final audit of the project and has discovered that the final pay voucher prepared by OSM Associates, Inc. 'did not include certain materials in the ~ount of $4,307. 15. - . . OSM has rechecked the pay quantities and has ,verified! that-ihis amount was accidentally omitted from the pay voucher. . Therefore, the final close out payment should be revised to reflect a total final payment amount oI$23,476~oK . / I am g!ad to report that the original contractam~un:tfor this project i~$I54,80i.50 versus the actual final construction cost/totalingSI47,069.75, which includes this revision.,. Therefore, staff is recommending approval of the . attached resolution.' making an amendment to Resolution 97-104 revising the final payment to GL Contracting for the amount of$23,476,06. / /-:---.., A Residential Community on Lake Minnetonka's South Shore' #-4F , CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AMENDING RESOLUTION 97-104 REVISING FINAL PAYMENT AMOUNT FOR THE SOUTH LINK WATERMAIN IMPROVEMENTS, PROJECT NO. 95-15 WHEREAS, the City of Shorewood has entered into a contract with GL Contracting, Inc. for City Project No. 95-15, South Link Watermain Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, Resolution 97-104 was adopted by the Shorewood City Council on November 24th, 1997 accepting said project and authorizing final payment for an amount equal to $19,168.91, and; . WHEREAS, it has been determined that the correct final payment is $23,476.06, NOW, THEREFORE BE IT RESOLVED that: The Resolution 97-104 is amended to authorize final payment to GL Contracting, Inc. in the amount of $23,476.06, and the outstanding balance not already paid to the Contractor as part of the final payment in the amount of$4,305.15 is hereby authorized. ADOPTED by the City Council of the City of Shore wood this 15th day of December, 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk . .. CITY OF SHOREWOOD RESOLUTION NO. 97--1.04 A RESOLUTION ACCEPTING SOUTH LINK W ATERMAIN IMPROVEMENTS, PROJECT NO. 95-15, AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with GL Contracting, Inc. for City Project No. 95-15, South Link Watermain Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, . WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. . 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shorewood this 24Th day of November, 1997. ATTEST: az(), i {, .. CITY OF SHOREWOOD COUNCILIPARK COMMISSION MEETING TUESDA Y, DECEMBER 9, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCILIP ARK COMMISSION MEE'I DRAFT Chair Colopoulos called the meeting to order at 7:32 p.m. A. ROLL CALL Present: Chair Colopoulos; Commissioners Puzak, Dallman, Arnst, Packard and Bensman; Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; Administrator Jim Hurm; Engineer Larry Brown Absent: Commissioner Wilson; Councilmembers Stover and McCarty . B . REVIEW AGENDA Chair Colopoulos read the Agenda for December 9, 1997. The agenda was accepted as presented. 2. DISCUSSION OF PROCEDURES FOR CONTINUATION OF REVIEW OF THE CITY'S TRAIL PLAN Mark Koegler, Hoisington Koegler Group, Inc., was present to facilitate the discussion. He began with a brief explanation of his background and the service he provides. Mr. Koegler explained the objective of the meeting is to determine whether there is an interest in proceeding with a trail plan. He noted the scope of the Park Commission is to determine the level of community support for a trail system in the City of Shorewood. This scope is broad and not specific to a particular area . Mr. Koegler explained his expectation the meeting will result in direction to proceed or not proceed. If there is a decision to proceed, he felt it should be accompanied by a commitment to abide by the outcome. Mr. Koegler did not want to see the Commission and the Council agree to things they are not committed to following through on. He noted this is not meant to predetermine the outcome in any way. Mr. Koegler felt a process could be structured by which to determine the broad issue of a trail system in Shorewood. Mr. Koegler explained the handout including the objective to be accomplished, the process to be followed as well as a list of tasks to be completed. Commissioner Bensman stated the intent of the Commission to be that once a fmal report is completed, the end result would be respected by the Council. Mr. Koegler clarified if there is support, that support will be documented and a recommendation made to the Council. At that point, the recommendation would be considered by the Council for their final decision. He noted the Park Commission is attempting to provide the Council with a comfort level that the community either does or does not support a trail system. $0 " .".. ) CITY COUNCIL/PARK COMMISSION MINUTES DECEMBER 9, 1997 - PAGE 2 Mayor Dahlberg asked how the conclusion can be arrived at without actually knowing the specifics of the plan. Mr. Koegler stated this process is geared toward determining whether there is community support for a trail system. Councilmember Garfunkel noted his agreement with Mayor Dahlberg. They felt the community would need a concrete plan to review in order to be able to express an opinion one way or the other relative to a trail plan. Mr. Koegler felt there must first be a determination whether or not there is support for a trail system within the community. Mr. Koegler explained the working group referenced in his proposal would consist of community members and not councilmembers or commissioners. This group would attempt to look at specific issues the residents may have. He explained the detail issues could be addressed by this group and depicted in computer graphics to demonstrate how a trail could fit into a particular type of landscape. Mr. Koegler stated an entire list of specific issues will result as a part of the process. These issues will include personal property concerns residents may have as well as general safety concerns, aesthetics and the cost involved. Commissioner Bensman suggested looking at this as a trail system presupposing one trail is connected to another trail. She felt there would always be individuals in favor of a trail as well as . opposed, however, the trail needs to be addressed as a system with which to move through the community. Mayor Dahlberg pointed out each part of the system must be viable to be connected. Commissioner Bensman stated she would want to avoid going through the entire process, leading people to believe a trail system will be developed and then it is halted by several citizens who are opposed to a trail system. Mayor Dahlberg felt one of the factors which will need to be addressed is whether residents would be in favor of exchanging some property rights for the construction of a trail system. Commissioner Puzak referenced a survey which was completed a year and a half ago asking whether the community wants a trail system. He noted a significant number of residents expressed an interest in a trail system, however, he felt there to be a lack of confidence in the survey given the f~ct an abstract question was asked and there is some question relative to the answer which was gIven. Commissioner Puzak explained this is a very costly design process which would require the Park . Commission, Planning Commission and Council work together on this issue. He noted the Commission does not want to expend the time and funds on this issue to find the Council is opposed to a trail system. Councilmember O'Neill stated there is significant interest in a trail system, however, this interest wanes when a property owner is made aware how close the trail will be to their front door. He felt the difficultly to be retre-fitting a trail to a city which is already substantially developed. Commissioner Puzak felt there to be two major barriers to proceeding. He noted no one has a great deal of confidence the community wants a trail system. There is an issue of the immediately adjoining property owners. He did not feel an entire trail system would affect more than 10 or 12 percent of the community. The second issue is the detail and the potential for encountering barriers and how they can be addressed once they are encountered. Mayor Dahlberg felt the process could be shortened by presenting alternative plans. Commissioner Puzak noted the Commission was unable to shortened the process, however, he felt with the cooperation of the Council, this may be possible. Mayor Dahlberg suggested the Council could assist in shortening the process. CITY COUNCILIPARK COMMISSION MINUTES DECEMBER 9, 1997 - PAGE 3 Councilmember O'Neill suggested rather than a citywide trail system, creating a trail system for one neighborhood at a time. He suggested speaking with the residents fIrst and then proceeding. He inquired whether this would be a viable option. Mr. Koegler explained anything the community does must reflect the needs and the interests of its residents, however, it must be in balance with what the community as a whole is attempting to achieve. Mr. Koegler related his belief there is a benefIt to people of different neighborhoods coming together to discuss the issue. The process being presented is geared toward a grass roots level. Mayor Dahlberg stated a top down management approach would be rejected. He explained Shorewood is a diverse city with very different neighborhoods and one way to keep peace is to empower neighborhoods. Commissioner Puzak remarked the nature of trails is that of an interconnecting pathway between communities, neighborhoods or housing developments. He stated the value of a trail system is that it does bridge the neighborhoods. . Mayor Dahlberg stated he is unsure the community feels it is essential to ensure the entire community is interconnected. . Commissioner Puzak felt two different plans may be appropriate. One would be a west side plan which would focus around the LRT. There may be a very different concept for the east side. Commissioner Puzak felt it would be benefIcial to work with Excelsior in developing a link. He also suggested a pedestrian bridge over Mill Street to cross Highway 7. Commissioner Puzak pointed out the island area is not included in either plan. Mayor Dahlberg suggested pressure could be taken out of the trail plan if it were not looked upon as a transportation solution for people to move through the community. Commissioner Puzak commented that the trail may be three distinct pieces, but expressed concern that breaking it down into very small neighborhood pieces, the entire concept may be lost. Councilmember O'Neill stated it is the job of the Council, the Commission and the engineers to assure the various trails all flow together. He commented he is also opposed to utilizing a top down method of allowing a majority of the city decide for everyone there will be a trail system throughout the city. Mayor Dahlberg stated in some regard there is a property rights issue involved which.will probably be a Council policy related issue. Commissioner Puzak noted there are barriers to proceeding which indicates the City must utilize a fair, open and creative process in either breaking through the barriers or in going around them. Councilmember Garfunkel inquired what happens when an obstacle is encountered with no technical way around it. He asked whether the trail would be put in regardless of the feelings of the residents. Mr. Koegler asked what threshold of resistance the Council is willing to tolerate. Mayor Dahlberg felt creativity to be a tremendous key to the issue. Commissioner Puzak expressed concern that opportunities are missed as time goes by. He felt the Planning Commission should also be involved in this planning. CITY COUNCIL/PARK COMMISSION MINUTES DECEMBER 9, 1997 - PAGE 4 Councilmember O'Neill stated if a neighborhood is opposed to a trail through their neighborhood, the Council will not force a trail through. Mr. Koegler stated this process will attempt to gain a better understanding of some of those issues, wherever they happen to occur, so the City can be in a position to create a solution around a particular issue. He pointed out this is a grass roots process as opposed to a top down process. Councilmember Garfunkel felt it would appear to be a top down process to the neighborhoods. Mr. Koegler felt with sufficient publicity of the process there will be a better understanding among the residents. Commissioner Packard asked what option is available if Mr. Koegler's plan is not utilized. Councilmember Garfunkel felt the alternative would be to drop the plan. .J Engineer Brown questioned whether a survey could address the personalized issue of whether there would be support for a trail which comes through a property owner's front yard. Mayor Dahlberg felt most residents would not be in favor of the trail coming through their property, however, they would be willing to compromise. Brown asked how the plan would be adapted to go around a neighborhood which chooses not to .. participate. Councilmember Garfunkel commented this does not have to be an all or nothing issue. Mayor Dahlberg stated if the overwhelming majority of the City wants a system, the Council would not stand in their way. Councilmember O'Neill felt each area must be addressed independently. Councilmember Garfunkel commented on the issue of stability which a resident expects when they move into the community. He stated changes must be approached seriously and cautiously. Chair Colopoulos felt there to be an issue of degree of support and the number of opposition could be reduced through creativity in addressing the issue. Councilmember Garfunkel stated the fIrst step is to fmd out if the residents really want a trail system. He felt a survey should come before a community forum. Chair Colopoulos inquired in what priority this matter should be addressed. Councilmember O'Neill felt if a citywide trail system is something a majority of the citizens want it could be handled as a priority, however a defInite plan needs to be presented. Councilmember Garfunkel felt the outcome of the survey can depend on how the questions are asked. Mayor Dahlberg stated the residents need to be asked, through a survey, how-they feel about a trail going through their own property. Mayor Dahlberg stated he would like to review this matter further. He noted there is a safety issue which has been raised relative to a potential trail on Smithtown Trail given the close proximity to higher speed traffic. There is also an issue of whether or not bicycles will be permitted on the trail. Mr. Koegler stated the set of issues which are ultimately determined may lead the City to believe early on there are areas of the community were a trail simply cannot be accomplished. He explained the Commission's intent was to utilize a grass roots approach to determining the issues. Mayor Dahlberg and Councilmember O'Neill stated they cannot commit to abide by the outcome. Mr. Koegler stated the intent was for the Council to have a comfort level that this is the right approach to obtain answers relative to a citywide trail plan. Chair Colopoulos felt, based upon his experience with the Snowmobile Task Force, the contentious nature of debate and discourse will yield a more complete outcome than would otherwise be achieved. . I. "'" CITY COUNCILIPARK COMMISSION MINUTES DECEMBER 9, 1997 - PAGE 5 Councilmember O'Neill felt the Commission should proceed through the survey and public forums and then re-evaluate the issue. He felt there to be sufficient interest to proceed. Chair Puzak questioned whether the Council is comfortable with the Commission proceeding on this issue. Mayor Dahlberg stated he would like to review the matter before coming to a decision. He would like specific ideas on how this can be accomplished. Councilmember O'Neill noted the Park Commission will be getting the citizens involved in the process. Councilmember Garfunkel was in favor of obtaining information, but would like there to be Council check points along the way. Commissioner Puzak suggested the survey which is sent out be approved by the Council. Mr. Koegler noted this to be standard procedure to obtain Council's approval of the survey. . Mayor Dahlberg commended the Park Commission on their work in inviting the Council's participation to discuss the viability of the process and giving the Council management oversight of the project. Mr. Koegler commented Council involvement is essential at each one of the steps. Commissioner Puzak summarized there is consensus among Mayor Dahlberg and Councilmembers O'Neill and Garfunkel that the Commission will proceed with the caveat there be management oversight by the Council. He requested another open forum be held between the Commission and the Council before the Council reaches a final conclusion on this matter. It was agreed that if a dispute arises, there will be a resolution meeting between the Commission and the Council. Councilmember O'Neill noted there is a Council Liaison at the Park Commission meetings and did not feel the Council would need to meet with the Park Commission at every step. Councilmember Garfunkel inquired relative to the cost which is involved in this process. Mr. Koegler explained the process, including the survey, will cost approximately $10,000. The survey will cost from $4,000 to $5,000. Mr. Koegler summarized implementation of the process will begin. The Council will be kept informed and will have oversight capacity. The format will be formulated relative to the community forum. This will include a communication plan. 11. ADJOURNMENT . Dallman moved, Puzak seconded adjourning the meeting at 9:15 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial, Inc. ... CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 2, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER DRAFT Chair Pisula called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Pisula; Commissioners Turgeon, Borkon, Lizee, Kolstad and Champa; Planning Director Nielsen; Engineer Brown; Council Liaison O'Neill Absent: Commissioner Foust . APPROVAL OF MINUTES Planning Commission Minutes - November 18, 1997 Borkon moved, Turgeon seconded approving the Planning Commission Minutes of November 4, 1997, as amended on Page 1, Item No.1, Paragraph 1, Sentence 2, change to read, "intended that the policy"; Paragraph 4, Sentence 4, delete "given" adding a period after "changed"; Page 2, Paragraph 1, change "right-of- ways" to "rights-of-way"; Paragraph 7, Sentence 3, change "reorganization of the information" to "reorganized format." Motion passed 4/0. (Commissioners Kolstad and Champa abstained.) Commissioner Turgeon requested the addition of Item No.5, a discussion with Bob Gagne, Chair, Friends of the Southshore Senior Community Center. 1. PUBLIC HEARING RENOVATION C.D.P. FOR SHOREWOOD NURSERY . Applicant: Brian Pipkorn, Akorn Services, Inc. Location: 23505 Smithtown Road - Mr. Dennis Pipkom was in attendance along with Brian Pipkom, Bill Aske, and Architect Wayne Jeske. He noted the business conducted by the nursery is 50 percent retail and 50 percent landscaping. Mr. Pipkom stated the objective is to improve the appearance of the property and provide a more desirable atmosphere for their customers. Mr. Pipkom stated the recommendations of staff are acceptable. He addressed the issue of staff recommendation "A" relative to the driveway on Wood Duck Circle. Mr. Pipkom explained a driveway has been eliminated and he would like to keep the driveway depicted on the diagram because it provides good access for employees of the nursery. It also relieves congestion during the spring months. With respect to recommendation "D", with the constraints of the lot size, he stated it would be helpful to use the area up to the lot line which is public property. There would be only plant stock and nonstructure type materials in this area. #7 PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 2 Chair Pisula opened the public hearing at 7 :25 p.m. Craig Hewitt, 5727 Wood Duck Circle, was in agreement with the staff recommendation to eliminate the access on Wood Duck Circle. He expressed. concern relative to lighting and fencing of the property. He was also concerned the bin storage area could be moved so that it will not impact the nearby residence. Hearing no further testimony, Chair Pisula closed the public hearing at 7:26 p.m. Mr. Pipkorn explained a four foot high cyclone type fence will be utilized for security purposes. Mr. Jeske addressed the lighting issue explaining the lighting will be in compliance with the ordinance which provides there shall be no lights which shine outside of the property lines. Commissioner Borkon raised the issue of ingress and egress from County Road 19. She noted this to be a difficult turn given the speed on County Road 19. Nielsen explained the eastern most driveway is wider to accommodate the traffic coming in and out of the property. He noted Hennepin County's approval will be required relative to the revised access to the highway. Commissioner Champa suggested constructing one larger driveway. Brian Pipkorn felt this would . create congestion on the property. He felt the driveway could be widened if he were allowed to cut into the City's setback area. Nielsen noted the driveway is currently approximately 35 feet wide and he expressed some concern Hennepin County may not approve a driveway of this width. Commissioner Borkon questioned whether there is a need to accommodate an area for discarded statuaries and things of this nature. Mr. Aske did not feel such an area would be necessary, noting all of this debris which had been on the site has been discarded. Commissioner Kolstad asked whether there would be a problem with trees in the eastern setback area. Nielsen stated if there were a 6-foot wooden type fence to screen the materials, this may be acceptable. The materials which are placed in this area could not be higher than the fence. Commissioner Kolstad felt the applicant should be required to maintain shrubbery and trees around the eastern and southern perimeters which would provide a screen between the site and the adjacent residences. Commissioner Lizee inquired how stormwater runoff will be accommodated. Nielsen explained . the runoff will come down the driveway and will go into the existing pond. Commissioner Lizee questioned where the overflow parking is located. Nielsen stated there is room for a single car to park along the display area. The code requires 16 spaces and there are currently 19 on the site without the overflow space. Commissioner Lizee asked whether this will be a holding or growing type of greenhouse. Mr. Aske stated it is a holding type greenhouse. Commissioner Lizee inquired relative to water recirculation for the greenhouse and whether pesticides and fertilizers are used on the premises. Mr. Aske explained at this time, everything is watered by hand. He stated well water is primarily used with some fungicide which was used on the roses. Mr. Dennis Pipkorn commented there will be no bulk storage of pesticides or fertilizers on the site. Commissioner Borkon raised the issue of water run off after fertilization. Nielsen suggested Engineer Brown review the issue of drainage and report back to the Commission. Commissioner Champa felt car traffic from Wood Duck would be acceptable, however, he did not feel trucks should be allowed through this access. PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 3 Commissioner Borkon inquired whether fertilizers are utilized on the site. Mr. Aske stated there are no fertilizers used other than on the roses. He stated the only fertilizers which will be sold on the site will be Miracle Grow and spray bottles of insecticide. Commissioner Turgeon expressed concern relative to what types of materials would be allowed to be stored in the setback area. In addition, she inquired whether the applicants have obtained the approval of the owner of the property relative to this request. Mr. Pipkorn noted this has not yet been obtained. Commissioner Turgeon stated she would like to see the necessary approvals from the property owner, MNDOT, the City Engineer, in addition to hardcover calculations relative to this request. Chair Pisula commended the applicants for the effort they have put into their proposal. Commissioner Borkon noted there are concerns relative to hard surface cover, drainage, ingress and egress as well as the owner's approval. She suggested tabling this matter to allow the applicant an opportunity to address these issues at the next meeting of the Planning Commission. . Council Liaison O'Neill felt it would be helpful to obtain further information relative to the greenhouse as well. Commissioner Borkon noted her agreement. Borkon moved, Turgeon seconded tabling consideration of the C.U.P. for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505 Smithtown Road, to the January 6, 1998, meeting of the Planning Commission. Motion passed 6/0. 2. PUBLIC HEARING - PRELIMINARY PLAT - MARY LAKE WOODS Applicant: Location: James Wyman 24020 Yellowstone Trail ~. Mr. Wyman was in attendance. He thanked Planning Director Nielsen and staff for their assistance in this matter. Mr. Wyman explained he and his wife intend to occupy the existing home on Lot 7. As a result, Mr. and Mrs. Wyman have a strong vested interest in the quality of the development. Jim Orr, Schoell & Madson, Inc., was in attendance. He commented on the requirement for a _ gravel drive in the area of the NURP pond basin. Mr. Orr did not feel there to be a need for access to be provided to the NURP basin. He felt the remaining concerns raised by staff could be addressed and resolved. Chair Pisula opened the public hearing at 8:31 p.m. Jim Hamstra, 23930 Yellowstone Trail, expressed concern relative to the water level of the lake and felt the well needs to be maintained. Mr. Hamstra offered to provide information to Engineer Brown relative to the high and low water marks of the lake. John Legler, 5955 Country Club Road, expressed concern relative to the access which is proposed for the southerly edge of his property line. He would like to ensure the existing seclusion and wooded feel of the property is maintained. Mr. Legler felt if a green space of 70 feet could be maintained between his property line and the edge of the road, this would provide ample space for him to address the issue of screenage. Mr. Legler asked the Commission to take into consideration this development will impinge on the secluded nature of his own lot. He noted a number of trees PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 4 will need to be removed and expressed concern relative to the replacement of the trees to provide screenage between the properties. Hamilton May, 5765 Echo Road, expressed concern relative to access to the turn around from his lot as well as the ability to hook up to sewer service. He inquired relative to an easement for sewer service. Mr. May referenced a lawsuit involving Mary Lake and explained the ownership of the well was vested in the Condons. At the time the water level reaches the 952 water elevation, the cost of operation of the well shifts from the City to the Condons. . Art Beniek, 24240 Yellowstone Trail, expressed concern relative to the location of the lot line. Mr. Hamstra questioned whether there will be a pedestrian access easement between Lots 6 and 7 down to the lake. He felt it should be limited to pedestrians with snowmobiles being prohibited. Peggy Wilson, 24140 Yellowstone Trail, expressed concern relative to the traffic. She noted three accesses to Highway 7 have been closed which has resulted in a significant amount of traffic and this project will add the traffic of seven households. She felt this should be taken into consideration when addressing the closure of accesses to Highway 7. Hearing no further testimony, Chair Pisula closed the public hearing at 8:45 p.m. Mr. Wyman remarked he is open and willing to work with property owners in the area. He is willing to work with the Planning Commission and adjacent home owners in developing a landscape plan. He noted there are approximately 114 trees which will require replacement. Mr. Wyman stated if the maintenance of the well passes on to him, he would like to continue to operate it and would be willing to work with the neighbors in addressing the issue of the lake level. Mr. Wyman stated he would be happy to comply with subdivision requirements relative to the sewer easement necessary for Mr. May's property. With respect to the pedestrian access to the lake, Mr. Wyman stated he has considered this, however, he would like additional time to further consider this matter. . . . , , PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 5 Commissioner Kolstad inquired whether there are any regulations relative to operating a deep well. Nielsen noted this would not be allowed today. The current well was court ordered because of the disturbance to the seal on the wetland. He noted the DNR is opposed to reactivating these type of wells. Mr. Hamstra stated in the last 12 years, the well has probably been used in two or three of those years. Commissioner Kolstad questioned whether Lot 8 could be further subdivided at some point in the future. Nielsen stated the inadequate width would make it difficult to make two separate lots. Commissioner Kolstad suggested a change in zoning to RIA to make it consistent with the current development and avoid the possibility of a subdivision at some point in the future. Nielsen did not feel this property could be developed without very substantial variances, however the site does meet the RIA requirements. Dave Witer, 23820 Yellowstone Trail, noted his agreement with Commissioner Kolstad's suggestion relative to a rezoning and expressed concern the spirit of Mr. Wyman's intent would be lost upon a sale of the property. Commissioner Kolstad commended Mr. Wyman on his sensitivity and commitment to making this a quality development. She suggested considering the rezoning of Lot 8 as well as exercising some control over the use of the well. Commissioner Kolstad stated she would like to see the planting of some of the 114 replacement trees to take place along the north side of the roadway or any part of the roadway which adjoins other residential properties. Commissioner Borkon commended Mr. Wyman on the spirit of his plan. She expressed concern relative to the letter Engineer Brown received from Paul Hornby of OSM. She expressed concern relative to the speed limit of 30 miles per hour on Mary Lake Trail. Nielsen noted this is a state requirement. Commissioner Borkon commented relative to the easement for the NURP pond and she felt it important there be access to the pond. Commissioner Turgeon felt this to be a workable plan. She commented in 1999 there will not be municipal water available in this area and therefore wells would be required. Commissioner Turgeon asked that the issue of the Mary Lake well be investigated and clarified. She is opposed to a gravel Class V driveway and would prefer the drive from the Wyman's property be brought through to the NURP pond. Chair Pisula asked whether the issue of traffic needs to be addressed. Nielsen stated the Highway 7 access closures are currently being reviewed by the Council. Chair Pisula noted some concern had been raised relative to Lot 8 which is in the RIC district. He asked whether this property needs to be rezoned or whether this matter can be addressed through a covenant. Nielsen stated if Mr. Wyman does not object to RIA zoning, this would create a 50-foot front yard setback as opposed to a 35-foot front yard setback. Mr. Wyman stated he would like to review the front yard setback prior to making a decision. Commissioner Champa commented would like to review the area and if there is a viable alternative to curb and gutter, he would like that to be considered. He would prefer a solution more consistent with the aesthetics of the surrounding area. Council Liaison O'Neill explained to Mr. Wyman the majority of the Council would probably favor a variance relative to not using curb and gutter, however, he stated the Council would not force him to not utilize this option. Mr. Wyman stated he would like to review this matter. PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 6 Turgeon moved, Lizee seconded approving the preliminary plat - Mary Lake Woods for James Wyman, 24020 Yellowstone Trail, subject to staff recommendations, and consideration being given to a rezoning of Lot 8 from Rl C to RIA subject to the owner's approval and deleting Item No. 8 of the Preliminary Grading and Drainage Plan of OSM & Associates. Motion passed 6/0. Chair Pisula recessed the meeting at 9:33 p.m. and reconvened at 9:40 p.m. 3. PUBLIC HEARING - PRELIMINARY PLAT - MARY LAKE ADDITION Applicant: Location: Judith Gleason, representing O'Dell Tinnesand 5910 Minnetonka Drive Planning Director Nielsen recommended this matter be tabled to allow the applicant sufficient time to demonstrate he has the ability to obtain the easement over the adjoining property as well as the necessary Watershed District approval. Mr. Roger Anderson was in attendance and addressed the issues which were raised by the City Engineer. The Commission was provided a copy of a letter dated November 14, 1997, from Troy Gamble, . Professional Engineer, Roger Anderson & Associates, to Nielsen responding to questions and concerns which had been raised at the October 7, 1997 meeting ofthe Planning Commission. Mr. Anderson reviewed this letter in detail. Chair Pisula opened the public hearing at 9:49 p.m. Roger Luebke, 5915 Minnetonka Drive, stated water is flowing through the culvert underneath Minnetonka Drive and it therefore does exist. He noted the culvert has not been identified by metal detectors because it is not constructed of metal. Mr. Witer commented relative to easements stating he would not be inclined to grant an easement relative to a storm sewer. He expressed concern relative to preserving the existing trees and this easement would result in the loss of a number of trees. He stated he will keep an open mind, but his inclination is that he would not be in favor of an easement. Mr. Witer felt there to be drainage issues and he requested additional information relative to easements. . Hearing no further testimony, Chair Pisula closed the public hearing at 10:00 p.m. Commissioner Kolstad questioned who performed the wetland delineation. Mt. Anderson explained a wetland delineation has not been completed, however, a wetlands expert could be utilized. Commissioner Kolstad inquired whether there has been a resolution regarding the culvert on Minnetonka Drive. Mr. Anderson felt this issue can be addressed. Commissioner Kolstad asked about the stormwater calculations and who prepared them. Mr. Anderson noted he had prepared them and had been more conservative in his calculations than the City had been. The calculations have been submitted to the City for review. Commissioner Kolstad expressed concern that this is a low area which sometimes floods and asked how the wetland delineation is being handled. Nielsen explained when a wetland is not apparent, the City relies on the applicant's consultants to perform the necessary testing. If there is a question relative to the wetland, the matter is referred to the Watershed District. PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 7 Commissioner Turgeon questioned whether these issues can be resolved given the fact this request has already been tabled twice since October and there does not seem to be substantial progress which has been made. Mr. Anderson noted he received the City Engineer's letter just the day prior to this meeting. In addition, he noted his understanding this matter has been tabled on only one prior occasion. Commissioner Turgeon commented the points raised in the report of OSM will need to be addressed at the February 3, 1998 meeting of the Planning Commission. Turgeon moved, Lizee seconded tabling the request for preliminary plat - Mary Lake Addition for Judith Gleason, representing O'Dell Tinnesand, 5910 Minnetonka Drive to the February 3, 1998 meeting of the Planning Commission. Motion passed 6/0. 4. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION PERMIT . Applicant: Location: Sondra Traylor 23115 Summit Avenue . Dr. Traylor was in attendance. She did not feel backing out of the driveway to be of concern based upon her experience. She felt there would consistently be only one car in the driveway. Based upon her observations, there has been overlapping of patients only once per day. Dr. Traylor inquired whether she would be able to obtain a variance relative to the number of parking spaces which are required. Nielsen explained a variance could be requested, however, Dr. Traylor would be required to demonstrate hardship which does not allow her to make reasonable use of the property without the variance. He felt it unlikely a hardship could be demonstrated. Commissioner Borkon inquired what would become of the nonconforming paved area. Nielsen explained it would be eliminated. Chair Pisula opened the public hearing at 10:30 p.m. Art Partridge felt this to be a commercial use which has been permitted without a public hearing. He felt if a doctor office is to be permitted, the property should be zoned in that fashion. Mr. . Partridge remarked if Dr. Traylor's business is such that an employee is required, perhaps a commercial office space would be more appropriate. Mr. Partridge noted there haye been cars parked in the nonconforming area all week. Commissioner Turgeon pointed out this employee would be hired for purposes of office type work and would actually not be increasing the business. Mr. Partridge expressed concern relative to how this situation would be monitored. Jane Partridge felt a mistake had been made in issuing a home occupation permit which allows this use on the property. Commissioner Borkon inquired relative to the requirements for a Conditional Use Permit. Nielsen explained the issues of traffic, parking, signage, and hours of operation are to be considered when issuing a Conditional Use Permit. Hearing no further testimony, Chair Pisula closed the public hearing at 10:36 p.m. PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 8 Dr. Traylor noted she has spoken with the adjacent neighbors who do not have a problem with this request. Mrs. Partridge stated she is not opposed to Dr. Traylor's business, but she is opposed to the business being expanded. Commissioner Borkon asked how many hours it is anticipated the employee would be working. Dr. Traylor anticipates this person would work four mornings per week from 9:00 to 12:30 or 1:00 p.m. The employee would work a maximum of 26 hours per week with the office being open Monday through Thursday. Commissioner Borkon commented she is sympathetic to the concerns of the neighbors and the potential impact to the neighborhood. She stated she would be in favor of a Conditional Use Permit with a review provision as well as set guidelines which would contain documented reasons for denying the Conditional Use Permit. Commissioner Champa noted the street to be narrow, consisting of only 14 feet. He felt the safest thing to do would be to leave the nonconforming area in place even though it would require a variance. He did not feel the proposed resolution to be as safe as the existing conditions. Commissioner Champa suggested the Commission give consideration to a variance. Nielsen pointed out a variance has not been requested, however, a hardship would need to be determined. Commissioner Turgeon expressed concern relative to safety in backing out of the driveway given the proximity to the curve and stated she would not be in favor of a variance. . Chair Pisula did not feel the increased use should be granted given the limited area which exists at the subject site. He explained a variance would require a determination that the applicant does not have reasonable use of her property. Borkon moved, Champa seconded denying a C.U.P. for Special Home Occupation Permit for Sondra Traylor, 23115 Summit Avenue given the configuration of the lot impeding ingress and egress to the property. Motion failed 3/3. (Commissioners Kolstad, Lizee and Turgeon were the dissenting votes.) Commissioner Turgeon noted the applicant has a limited home occupation permit, she is not intending to expand the business and, therefore, the traffic is going to remain the same. She noted ingress and egress were apparently not a problem in issuing the limited home occupation permit and the patients were permitted to park in front of the garage. . _ Commissioner Champa stated he would be in favor of granting the Conditional Use Permit if the current nonconforming parking area were to remain in place. Commissioner Turgeon commented she would be agreeable to a review of the Conditional Use Permit after a specified period of time. Commissioner Borkon remarked that possibly the limited home occupation permit should not have been given originally because the location is not conducive to business given the characteristics of the property. Nielsen noted Dr. Traylor is in compliance with the original limited home occupation permit. Nielsen explained this matter may proceed on to the Council for their consideration where a 4/5 vote would be required. Commissioner Kolstad stated she would be willing to look at the possibility of a variance if legal information were provided relative to what is considered to be reasonable use. Commissioner Champa suggested looking at the possibility of a variance. Commissioner Borkon would be willing to explore the possibility, but would make no promises. Commissioners Turgeon and PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 9 Lizee felt it would be very difficult to grant a variance. Commissioner Pisula stated he would not consider a variance. This matter will come before the City Council for their consideration on December 15, 1997. COJ;nmissioner Champa requested a joint work session be scheduled with the Council relative to vanances. Mr. Partridge commended the Commission on taking the time to visit the property and to spend the amount of time on this issue as was spent on the larger issues. 5. DISCUSSION OF CENTER ISSUES WITH BOB GAGNE. CHAIR, FRIENDS OF THE SOUTHSHORE SENIOR/COMMUNITY CENTER . Bob Gagne was in attendance and reported there have been 25 requests for the rental of the facility. He noted the rental fees and fundraising has been utilized to pay for the facility. Mr. Gagne noted the center is dependent upon the rental of the facility to meet the operating expenses. Mr. Gagne explained there have been rental inquiries in which potential renters have wanted to be allowed to have alcohol on the site. He noted this is currently not permitted, however, he requested wine and beer be allowed to be served on the premises. Mr. Gagne distributed a list a potential requirements which were developed by the Friends of the Southshore Senior/Community Center. It was noted there is a provision in the Conditional Use Permit which prohibits the use of alcohol on this site. The following information was provided to the Planning Commission by Mr. Gagne. Points to discuss at the Park Meeting regarding the request to serve wine and/or beer at the Southshore Center. 1 . People from our community are requesting to use the facility for special parties where they would like to serve wine. Example, the Townhouse Association who wanted to have a Christmas dinner for the group did not rent because they could not serve wine with the meal. . 2. We would develop policies regarding the serving of wine and/or beer such as: . a. No kegs - beer must be served out of cans or bottles. b. Wine and/or beer can only be served with food. c. Beer and wine (including champagne) may be served at activities must include the serving of food. These beverages must be provided by the organization, group or persons hosting the activity or event. d. No compensation of any nature may be exchanged for beer or wine. This includes donations, advance sale tickets and tips. e. Beer and wine may only be served until 10:30 p.m. on week nights and 12 midnight on Friday and Saturday evenings. f. All parties consuming beer and wine in the Dining Room shall be required to conform to all City and State liquor laws. PLANNING COMMISSION MINUTES DECEMBER 2, 1997 - PAGE 10 g. Beer and wine may only be consumed within the Community Center. h. In activities or functions where beer and/or wine is served, it may be required that the organization or group hire a police officer for all or part of the event. Commissioners Champa and Kolstad felt if beer and wine are to be permitted, an off duty police or security officer should be present. . Champa moved, Turgeon seconded recommending consideration of the request for beer and wine or liquor for the Southshore Senior Community Center. Motion passed 6/0. Chair Pisula recessed the meeting at 11 :30 p.m. and reconvened at 11 :35 p.m. 6. DISCUSSION - PROPOSED MORATORIUM ON SENIOR HOUSING Commissioner Turgeon felt a study would have to be completed to justify a change in the ordinance relative to senior housing. She felt it to be necessary to have the input of the citizens . before a change can be made. Commissioner Borkon questioned what sort of format the Council would intend to use. Nielsen commented the Council has expressed some basic concerns relative to the ordinance and he was unsure at this point whether a survey will be necessary. Nielsen stated the Planning Commission will receive the Council's concerns along with the current ordinance. It was noted there is Council concern relative to protecting a specific class of people. Density is another area of significant concern. Commissioner Turgeon questioned whether it would be more appropriate to place a moratorium on all development of lot splits of three or more if certain pieces of property are to be considered for specific types of development which may be set aside for more affordable type housing. Nielsen commented the Council discussed affordability and Mayor Dahlberg questioned why seniors are single out as a protected class. Council Liaison O'Neill commented the issue became the fact that any parcel can be turned into higher density. He felt the approach of the current Council may be to designate one or two pieces of land so the affected neighborhood is aware that particular piece of . land may some day be a higher density. . Borkon moved, Kolstad seconded supporting a one year moratorium, _or less if resolved sooner, on senior housing. Motion passed 5/1. (Commissioner Lizee was the dissenting vote.) Commissioner Lizee felt the moratorium should encompass more than senior housing. 7. MATTERS FROM THE FLOOR Roger Champa addressed the issue of dogs running at large within the City. It was noted dogs must be leashed or under voice command. It was suggested the Commission revisit the ordinance relative to dogs and the use of invisible fence. Nielsen stated this would be an issue for the Council to address rather than the Planning Commission. 8. REPORTS CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 9, 1997 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER DRAFT Chair Pisula called the meeting to order at 7:03 p.m. ROLL CALL Present: Chair Pisula; Commissioners Turgeon, Lizee, and Kolstad . Absent: Commissioners Borkon, Foust and Champa 1. DISCUSSION - RESOLUTION AND ORDINANCE REGARDING THE MORATORIUM ON SENIOR HOUSING Chair Pisula noted the resolution had not been available to the Commission at the time the matter was discussed. Upon a review, it became apparent there were some questions which would have affected the discussion. He felt there may be some suggestions which can be made which would align themselves with the goals of the Council. Chair Pisula stated the purpose of the meeting is to review the ordinance and make suggestions to the Council relative to the ordinance and ways which it may be made more effective. . Commissioner Turgeon suggested since there is going to be a moratorium, possibly a moratorium on PUDs as a whole should be considered. This would create an opportunity to review and reconsider the existing criteria. Commissioner Kolstad suggested reviewing the zoning ordinance as it relates to PUDs, including senior housing. Chair Pisula noted the major concerns of the community tend to be related to Planned Unit Developments. Commissioner Lizee suggested extending the moratorium to include the remaining large parcels of property within the city. She suggested lots of two or more be included in the moratorium. Commissioner Kolstad stated if the moratorium is specific to PUDs, a plan for a straight subdivision could be requested and the City would have no control over it. Commissioner Lizee felt since the Council is addressing the Comprehensive Plan, the code book and the zoning districts, all of the elements need to be addressed. Commissioner Lizee suggested including subdivisions of three or more. PLANNING COMMISSION SPECIAL MEETING DECEMBER 9, 1997 - PAGE 2 Chair Pisula felt there would be community opposition to including subdivisions of two or more. He stated it is possible for people to bring forth development projects on the remaining land which do comply with the ordinance and where the residents surrounding the property are included in the process and then a proposal is presented which satisfies everyone. Chair Pisula felt there to be a common ground on the issue of Planned Unit Development where there is current PUD zoning or a proposal comes forward which requests a PUD. Chair Pisula pointed out the community is almost 90 percent developed. The projects which arise now are likely to be infill type projects. The projects where a PUD is likely to be used will raise the greatest concern and probably be the most challenging. Chair Pisula felt the moratorium should be broadened to include PUD which will serve the interests of the community as well as the City. Commissioner Kolstad summarized the properties currently zoned PUD, tagged PUD, developed PUD or PUD requests would be included in the moratorium. . Commissioner Turgeon noted clustering is a major component of a PUD and this issue will need to be addressed. Clustering needs to be defined as well as a determination made when it is appropriate to use it. Commissioner Kolstad stated there may be times when clustering is appropriate. Commissioner Kolstad suggested the concept of limiting the percentage of the building pad with respect to the lot size. This would preserve green space as well as trees. Commissioner Turgeon reported on the City Council Meeting of December 3, 1997, and discussed various issues which will be referred to the Commission for review and consideration. Turgeon moved, Kolstad seconded adding to the ordinance the issues of readdressing the POO criteria, further clarifying it, looking at where it is zoned, looking at where proposals would warrant use of PUD, and limiting the building size to a percent of the lot size. Motion passed . 4/0. Commissioner Turgeon will present this recommendation to the Council on December -15, 1997, and request they consider including these issues as a part of the moratorium. 2. ADJOURNMENT Lizee moved, Turgeon seconded adjourning the meeting at 7:30 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off-Site Secretarial, Inc. i CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474:0128. www.state.netlshorewood · cityhall@shorewood.state.net MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen . 25 November 1997 Mary Lake Woods - Preliminary Plat 405(97.34) BACKGROUND . Mr. James Wyman has submitted a preliminary plat for his property located at 24020 Yellowstone Trail (see Site Location map -Exhibit A, attached); He proposes to subdivide the property into eight single-family residential lots as shown on Exhibit B. The property consists of a number of parcels of land which have been assembled over the years by the previous owner. The total area of the property is 16.97 acres, of which approximately 3.13 acres exist as wetlands. . The terrain of the property consists of a series of hills, separated by two wetlands, all of which are connected by a lOO-foot wide strip of land which was used years ago as streetcar right-of-way. Mary Lake, which lies on the east end of the property, is actually classified as a wetland. Upland vegetation on the property consists primarily ofa mix of hardwood deciduous trees scattered throughout the site with open areas of grass which coincide. with some of the higher elevations. The subject property is zoned R-IA, Single-Family Residential, except for the northeasterly two acres which is zoned R-IC. Mr. Wyman's home is located on the southeasterly 3.7 acres of the site. Land use and zoning surrounding the property are as follows: North: Single-family residential; zoned R-IA and R-IC East: Wetland (Mary Lake) and single-family residential; zoned R.l C South: . Single-family residential, zoned R.;;lA West: Country Club Road, then golf course; zoned R-IA The applicant has submitted the following exhibits supporting his request: . Exhibit C - Preliminary Grading and Drainage . . Exhibit D -.Preliminary1Jtility Plan . Exhibit E - Existing Tree Inventory (partial) A Residential Community on Lake Minnetonka's South Shore 1ft . Memorandum Re: Mary Lake Woods Preliminary Plat 25 November 1997 ~ ISSUES AND ANALYSIS Upon review of the applicant's plaIls, the Shorewood Comprehensive Plan, Zoning Code and Subdivision Code, the following issues should be considered in the evaluation of this request: ----' '-, A. Comprehensive Plan. The proposed use of the property is consistent with the Shorewood Comprehensive Plan, which recommends low density residential (0-1 units per acre) development for the area in which the property is located. B. Zonin~ Code. Single-family residential homes are permitted uses in the R-IA and R-IC zoning districts. Following is how the proposed plat complies with lot size requirements of the R-1A and R-1C districts: Lot Area* e. Required R-1A/R-1 C: Lot 1: Lot 2:- Lot 3 Lot 4: Lot 5: Lot 6: Lot 7: Lot 8 40,000/20,000 sq. ft. 47,678 sq. ft. 45,562 sq. ft. 44,042 sq. ft. 42,712 sq. ft. 46,035 sq. ft. 43,876 sq. ft. - 162,152 sq. ft. 81,594 sq. ft. " *Exc1usive of wetland Lot Width Lot Depth 120' 1100' 145'* 127' 172' 195' . 130' 165'* 380' 145'* 150' 1120' 265' 301' 163' 150' 314' 235' 452' 280' * As can be seen by~e table above, all of the proposed lots meet or exceed the minimum requirements of the Shorewood Zoning Code. Despite this compliance, some modification of lot widths is recommended. Exhibit F shows 'the required setbacks for each lot. Despite its area and width, Lot 3 is left with a very limited buildable width, due to the wetland buffer and setback requirement. Since Lots 1 and 2 are wider than what is required, it is recommended that the lot lines be shifted~. over so as to increase the buildable width by_~pproximately 17 to 20 feet"", ,_ ., The proposed subdivision results in one small outbuilding on Lot 7 becoming nonconforming in terms of the' rear yard setback. This can be' remedied by moving or removing the building in question, or by adjusting the lot line between Lot 6 and Lot 7 so as to comply with the rear yard setback requirement. Lot 6 can not, however, be reduced below 40,000 square feet in area. e I I The point at which Lots 5, 6, and 7 come together should be recoflfigured so as to' eliminate the triangular portion of Lot 5. The rear lot line of Lot 7 can simply be extended southwesterly to meetthe side lot line of Lot 5. In addition to c1eani,ng up <,the property lines, it eliminates the tiny triangular "island" formed by the drainage and utility easements.-- , -2- Memorandum Re: Mary Lake Woods Preliminary Plat 25 November 1997 B. Subdivision Code. . . 1. The proposed street has a 75-foot right-of-way, due to topography and the existence of a metropolitan sewer interceptor which is located along the northwesterly edge of the property. This exceeds the minimum requirement (50')prescribed by the Code. The 1000 foot long street is the maximum length recommended cul-de-sac streets. The width of the proposed street appears to be consistent with the Code. The applicant should be directed to modify the angle at which the new street intersects with Country Club Road, making it as close to 90 degrees as possible. Street design will be addressed in greater detail in a separate report from the City Engineer. It.shouldbe noted that the applicant was asked to extend the cul-de-sac right-of-way so as to provide access to the property to the north. This - property has potential to be subdivided, but does not have adequate frontage on Echo Road. Although unusually shaped the proposed cul-de-sac provides the required frontage for the adjoining property owner. The applicant has shown drainage and utility easements, 10 feet wide along all lot lines. An additional 20-foot easement has been provided for the outlet from the NURP pond shown at the rear of Lot 5. Lots and block are numbered per the Code. , PrelimInary grading arid drainage are shown on Exhibit C. This plan will be. addressed by the City Engineer. Some concern has already been expressed regarding the west end of the plat draining into two off-site wetland areas., A~ part of the fmal plat review for this project, the applicant will have to obtain approval by the Minnehaha Creek Watershed District. Detailed runoff calculations and pond size will be reviewed as part of the . final plat. 2. 3. 4. ~, The City Engineer has recommended that a class 5 driveway be provided for access to the NURP pond. This driveway would be located between Lot 4 and Lot 5.-" Park dedication fees will amount to $7000 for this project ($1000 per lot). Credit hasbeengivenJor the lot with existing house on it. 7. Local sanitary sewer access charges (LSSAC) will amount to $7000 for this project ($1000 per lot). Similar to park dedication credit has been, given for the lot with existing house on it. 5.. 6. \, 8. Sanitary sewer is available to the property along its northwesterly boundary. Since this is a metro line, approval for tb:e proposed connections will have to be obtained from Metropolitan Council Environmental Services (MCES). 9. City water is not immediately available to the site, and it is assumed that private wells will be proposed. -3- Memorandum Re: Mary Lake Woods Preliminary Plat 25 November 1997 C. There is an existing well located near Mary Lake which was the subject of a lawsuit back in 1975. It appears that the result of the lawsuit was that the City is to maintain and operate the well, which pumps water into Mary Lake, until such time as it can be determined that a 952 water elevation has been restored: Staff is researching the status of that ,case: If it is found that the City is no longer responsible for the expense of operating the well, it raises the question of potential abandonment or future responsibility by private parties. This situation does not adversely affect the preliminary plat, " but needs to be resolved prior to fmal plat approval. The applicant also- advises us that a number of test wells which were previously located on the property are in the process of being abandoned. Although Lot 7 is large enough to resubdivide, it is not necessary to require a resubdivision sketch at this time. This portion of the property is somewhat separated from the rest of the site by topography and the proposed drainage pond. It also has direct access to Yellowstone Trail. This lot could easily be divided into two lots, or three if a small cul-de-sac, were extended into the property from Yellowstone Trail. Wetland Protection. The subject property adjoins six wetland basins of various sizes. The applicant's plans show the required 35-foot wetland buffers and additional 15-foot building setbacks on the three basins which are located south of the proposed road. On the westerly two basins north of the proposed road, the applicant has shown 16.5-foot buffers, apparently consistent with Watershed District requirements, but not with the City's requirements. No buffer or setback is " shown on the northernmost wetland basin. The applicant's consultant has been advised of this discrepancy." " 10. . D. , There are two areas in which the proposed road will encroach into wetland buffer areas. The road cuts between two small wetland pockets immediately east of Country Club Road. While encroachment into the buffer area, is unavoidable, it appears that the work can be done without encroaching into the wetland itself. Similarly, some encroachment will occur in the buffer for the wetland immediately north of the proposed cul-de..:sac. Shorewood's'wetland regulations allowfor such encroachment where it is unavoidable. It is not necessary to mitigate for the disturbed buffer areas, however, wetland vegetation should be restored to the extent possible. .~ .~.. As part of the final plat a plan must be prepared showing the proposed location of wetland buffer monUments. Tree' Preservation. The applicant has provided an inventory of existing significant trees on the property. Only trees located in areas where site alteration may occur have been shown. It is expected that areas not inventoried will be fenced off from construction activity. Without having a tree preservation plan to review, it seemS'. apparent that the applicant will be faced with the maximum number of replacement trees- eight per acre. Based upon approximately 14 acres of land, excluding wetlands, 114 replacement trees may be required. .,^ . -4- Memorandum Re: Mary Lake Woods Preliminary Plat 25 November 1997 There appears to be one area in which additional trees could be saved. The NURP pond is located in one of the more densely wooded areas of the site. It may be possible to move the pond somewhat and reconfigure it so as to require less tree removal. The applicant's engineer should work with the City Engineer to modify the pond somewhat in order to preserve as many trees as possible. The fmal plat should include a tree preservation and reforestation plan. RECOMMENDA TION Although several items need to be addressed as part of the final plat for this project, the preliminary plat is considered to be consistent with Shorewood's Comprehensive Plan and development regulations. .' It is recommended that the preliminary plat be approved subject to the following: 1. Shift the lot lines for Lots 1-3 so as to give addition31 buildable width to Lot 3. . . 2. Move or remove the small outbuilding located in the northwest comer of Lot 7 to comply with the 50,..foot rear yard setback requirement. In the alternative adjust the rear lot line of Lot 7 so as to be 50 feet from the building. " 3 . Detailed stormwater runoff calculations should be submitted with the fmal plat. Grading, drainage and erosion control plans should be subject to review and approval by the City Engineer and the Minnehaha Creek Watershed District. 4. Prior to release of a fmal plat the applicant must pay $7000 in park dedication fees and $7oooin local sanitary sewer access fees. 5. The appliCant must obtain approval from MCES for the proposed connection to the interceptor sewer. . The City must resolve the issue of the Mary Lake well. If City involvement . - in th~ operation or expense of the well will continue, an easement must be provided over Lot 8. If the well is to be privately maintained, some agreement must be made for its continued use and maintenance. 7. The applicant's fmal plans should include a landscape plan, prepared by a landscape architect, showing tree protection and replacement, and ~' restoration of the wetland buffer areas which will be disturbed by road construction. Consideration should be given to reconfiguring the NURP pond to save as many trees as possible. 6. , 8. Final plans should include a class 5, driveway for access to the NtJRp pond. ,- 9. In addition to drainage and utility easements over the wetland areas, the applicant must also provide conservation easements. Final plans should include a plan showing where wetland buffer monuments will be placed. Protective covenants should be required. advising future homeowners of the City's wetland restrictions. . -5- '-"'-. - PREPARED BY: FEBRUARY 1992 SHOREWOOD PLANNING DEPARTMENT VNORTH~ g ~ L~ ~\TH ~~ I I I \ ~ t/ 10 (t:1 &i c,ov- I I I 1 il ..-.. I ~ I I I ~ I 1 ;---0 I : I l- i 1 L-z , 1 I <l: :GLEN ::E ~:I _II I ; : i , I : I ! I E~ ! :: : , ; I : I <l: :.J i ..J , t-a I t; I Not to Scale '" ~'~.'_.' "' '. ~ (GIDEONS BAY) ( i ~ \ , . :' J ' ' , . _____,_1 '-------'1 r I L Exhibit A SITE LOCATION Mary Lake Woods - Preliminary Plat 'aY 12 11 :11 :32 F:\ENG\62BB4\OOl\P01\62BB4001 MSS . r ~i in ~ a: ~ ~ Ie I !CiS .~a.1 aaa. I ~$~11 3t' i ~ w~ ~!~:r ~<11 !~~! ; !!b . J: ~;~i ii , , ~ili ; --- --" ~ t ,,-- ~ . !-- '_A U" i --" /_- Z~~ - --" -~~S .:. /_- :Z~.. .. ~;; ,-; o ~';:a" :: --- :g':~; ~ ~Ia J olIJ~ !g j~iii~ ~i~! ~: ::c~ 0 ~ ~.3s - ~ I -e- I ... .. ~ '" ... '" Zz 0 <2 g 2 >0" .;; ~g ~ (I)- Will 2~ <;; en ., I- ... ... ... J: z en .... ::l on <.J "- 0 _LOfJ#lfJ<S ~ LOT SO" St.OQC 1 1 47618 2 "~2 J ..... .. "2712 . ...,. I 438" 7 1121~ a 1194 ". ; / ./ ,:.'-., LEGAL DESCRIPTION MARY LAKE WOODS ._---~. OWNER/DEVELOPER JAMES WYMAN 24020 YELLOWSTONE TRAIL SHOREWOOD, MINNESOTA 55331 ENGINEER/SURVEYOR SCHOELL & MADSON, INC. 10580 WAYZATA BLVD. MINNETONKA, MINNESOTA 55305 SHEET INDEX SHEET NO. OESCRIPTIOH PllEUUINAR'f PlIoT PllEUUII'IARY GR.oDIHC ol< EROSION CONTROL PVoN PllEUUINARY UTIU1Y PVoN TREE LOCATION PVoN WElLANO LOCATION PVoN .\ SITE INFORMATION . TOT.... GROSS PROPER1Y NIEA R.O.w. DEIlICATION NET OEVELOPAIlI.E NIEA TOT.... ~ or Ul1S AVERAGE LOT SIZE TOT.... Ilf;VEI.OPtll CENSm' CURRENT ZONING: RI-A, Rl-C ~ROPOSED USE IS SINGLE FAMU TYPICAL LOT DETAIL ~~ . 120 . !llJ>QC NO. ~ '20 <.Of_ !.EllENO -,i~5- ooara QISIIlIC: CDfI'OUR .. ,,~.: tIENQtES DISIIiIC SPOf Q!.VAJ'IQN _._._ llOOIItSEDOIErJF_ 739.358 s.F. OR '8.9733 AC- 89.332 s.F. OR 2.~ AC- ll5O.024 s.F. OR 14.9225 AC- 8 81.~ S.F. OR l.87 AC- 05l UNITS PER ..eRE ; ; ; i i i i i f I TYPICAL EASMT_ . UN LOf NO. fl---l I!! I r'" '..---i ~ I I ~ ~ I Is ;;; I I ~ I!! I LJ___J LOf...... (sa. FT.) REM LOt UHE """" n II h~) I ,.. I (.....J1 I~ I --' I - ll~ LJ-_ ..... i:) . --" , . .~.""":<, !lENCHIlARK: TOP RIHC OF MH ON WES1 SlOE OF COUHlRY ew8 RO. :100 FT NORTH OF YEU.OWSTONE TR ELEVAt10N _961.s8 ~..::\ , ~ !a56 ;>>IG( . (aJ/1c, I- ... ..... J: en en c o ... OzC ~J:~it s W8)- ... 0 ~ ~~. Z ::<111- ci S.... ~! z ~,-;i! t Exhibit B PRELIMINARY PLAT o o I ... co co N <0 OJ OJ ::< o o q 10 ., N ~ o '!> o o ;; 10 ul N '" <.5 z ~J li: " :..; ~ ~ '. o > !l~ ,-, m MOl . 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Nov 12 11:26:36 F:\ENG\628.84\OOl\P01\62884001 M8B LECENO wi' <ncwM 'ttWJI DDCID OCISIIC SfOIItM SEWO DENOItS PROPaSm sroRM SEWER lrSN~ ::....~~ ~':,;J~,...... _ ODCJI'E$ CDSnHC SAHItMT SEWER ~ <::AN o;rwf~ I IXN01'ES PROPOSED $NI1'M't sr<<R - . - - - . - DO<<J1tS WEItNCI l!ICIUNI>>IIY NOTES: ,. IfrCIMOU,IL W€LL$ WU BE INStIUtD AI nMC 01 HOW( COHS1RUCnOH. _GlIOl.INOtLrMflOII1'C~\ alCA$IlJC.~oIdOl'lECtDlI'( """"'..... . !ttl2lI'fOEO" tfJIID 1'UaGI ra Q1llR1'fl.QlII~ _an--l\ ::=.Cf.-l UfilOlSN.... SOl. SMlU.atD.U'. /€MIlfC SMiGMf snat ....u /IlJI#fCW'1QjIIIC "~ sr.....as srm. snwI '~Mw..1.-.nt...rs. 2 snwos ~ __ :x.,~d :I'I'lW'SAfST-...o<<SECnllId INSIDE DROP SECTION MANHOLE DET AL =",mo(~~~~ tOLW.. SU SiP'EOFOTlClN ac. t1J Vlacqt)fllCJiO.AlS'NOITI'lIlCICEDUC 1II~YS,l ~ CAaUND €U\lIUlOf'l 10 TCP' 0#' CIISflfC. 011 AS lMlC:TDt ... """""""'" . " ..""~ """"" ,1" (AIIQ -..... -...... 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" \~'"'' """ , , ,to'-" " , , \ \ \ \ \ i I , ' / { / /\ / ", D- c:c :E w w a: .... el Z - I- en - >< W ....... ,/ \ 'ON':J~-:]I'l'O ~'08-"'l; :XVJ IML-'''; (1:19) lj;~t; "" '\')fN()1JNHfn I Juns .OW^T1flOR VIVZA.YM ()Vf;OI Cl:JWI]S lVlJI]nH0UW4J . 9M1Sl1 110$ Rr]NNYld . StKJ.l.J^BnS . $YJ1Hr.JN] ':>Nl 'NOSOVI'i '" 1130H:>S -e- I L661 !l3B01:JO :31VO N" 'OOOM:lHOHS NVWAM sawvr "Y1OS]Nfflft .to lIVlS )IoU .to P"" lH1 trJCmR Wl1N~N] 'MfI)SUIOBd Oltf1Io;olH '-1110 V "" I lYM1. ow NOI$l~olrs t:JJMlO Aft WlOf<<l 110 )ft ,. 0ltN.rnr.. SYIlI l1fOo1)M W 'HOUY3rJDJdS "W1.l IIMI l'ftU A.JUHJ:J .umIJH I ,- .- ..... .... I / I r '~ -.-.- I 'j 'I'" ,>-. (,It::j~~.!;~1 il~ll- - ... , ~ ~ ir~ Iii :iI~- - I 'i~ '._Iilitf!:iI~~I'11 I ~ I ~I .~ l~liCW ~1t.. , I I ~ · ~I ai. 1\r.,1 I to, . '. 'i II 'I ii il , '" , . , ~I 'ill; I .- ./ .( I '21 ,I ~~ \ W\ ~~.. ~~ Ii .<<4\f1 \ / r:' ,: 'I II' .. :ili ''ir #'1 I / l i~. 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'I['wat ( IXHOIIS CllS1I'C SI'OIN srwm 1'l" 1'N wwrR DrHOItS NOPOSm SfCRW SEIlER oaoooaaaooaaoa CIENCJItS DtQSION CCINIRCI. sa" ttNCt ~=~~EUW1CIN ~ DtM:PtS IIOQC. CCId1'RUCI1CIM (HI1WtCE CONSTRUCTION NOTES: t. :.:=. ~.~ ~,:k IXSIQI. PAVEIIENT SECTION . ~ ~ J1:oa.~:~~-* ~ a. $ (toa& CRUSHm QUMRr SfQN() ~,- -... ~ TOI!'" TIIEIIOI PaSrSStW.l.KSPWCEltfCICltUJElt -~- FAIlIIIC SLTATION FINCI! lIENCHIINlIC: TOP IlINC OF WI ON W(ST SlOE or COUNlRl' Q.ue RD. _ FT NORIIt OF 'YEllOWSTONE TR ELEVATION - '&1 ~ ilCQlC -59 PAC:E I (13/,74) ,..:'...... // // >-~ .1- _"/ ....., <.1 ,/ ;.. ./ '} //-< /-" i " ,I \ '-.\ \ t \ \! \ i d .. ': \1 ...~.-.!. --~,!:: ...-,.- .-/-'~- ~ / -"" \, ..............'\ " \~ -----.... /' " " / ',"../ .---' , .---'.. ~,/' .... ,.. , 1/ I f . I I ~ o I ~ I ; '~\ \\~ \" I ." \ ,," ", ;i ".." .. . .~ \ \ \ \ \ "'" ''\ \ '. ,.../...... \\ \\\ \ ~ 1'11\ I r-~ /\ \: f~~~'; \:',....,.~,....:!...."lll\,\.l.:.i,,~,'.'.:...... ' \ ' // ,"---'\, i I . : ! " -'," '-" \,;~--J I .,' 1/.,././ ! , "--" ".\\ "'" '" .' ,\\ \', \ '~-" '-...... '" '- : """',\' '" ,,"_. f .j , ~ \ \ '\ ,....... " '" ">.'''-,--/ / j ~ ,....: "",,, '-"" ......._-..-' ~."Uis.>~........~~::~~~~~ ."........ ~"'~\. \ ~....., "'.,-....,. \ ~ ' :........'" .-\,- .~ '" . \. /-J '~:''''~\' .:".\ .... \ \.......,,0>-. ,,\" '.' ..: i " ',,, ' , , ,-> ". , "" \J~ " .." " "- . ..., z' .::) !;\:~ \10i J~ I RS4 i: i ~, i , . , ' \ \ \ \ , \ ~ " - -''S~?;/ 0 ~ 100 0CI5f OAWM' ~ .---- INlI-I5LI /It SCAL.E IN ...e7.4 5 FEET '" PAJJf{ //,..\~ ,/ , .' 11 .. \ \ I ! " ! . j : Ii i\//"__ " i "..-\ \, "-...J ;1 ;\ I CZ1~ I { / ,,/ . ~"'. j " /:...--\\ : ", ,/J- ! I :. !~ii ~!~I I ~~!:!~ ali6~ i ~!~; l!~l ~'t<~ i !S~! ~ .~.~ I s~i; e~~! .' i ._~ ~ ~!. i ~=e- :J -H ~ ~ :i~;ca~! o. ~ ~:ll~ ~1tI~ ~ 100 <h a! =~~ ~ h ::f ~i i 1':- w~ai~:i O<3~g na~- c VI -.~ I ... '" ~ IX Zz 8 ':2 g :::I )oa ,;,j ~g ~ (I)~ ...~ :::10 .:~ VI ~ >- "" "" ... :t: z VI ... ::; It'l ... ..... 0 N III >- "" c:l !!! en C Vi z Q C 0 e -; Cl Oz.. 0 .~c:l I ... ... ;:! al ;: wg~ al N ... ~ 0 Cl '" ... ... C~~ ci J: ~ ..I~c:l z ... ~ %>- >- :>Ollie <.J z "" ... a:: ~ .., ... 0 ... ~ = g:: Exhibit F BUILDING SETBACKS J ./\ November 25.1997 t&"\ ~~~ P.02 NOV-26-1997 11:04 L" AS.o;Oclute!:> Engineers Architects planners Surveyors . . Mr. Larry Brown, P .E. Director of Public Works City of Shorewood 5755 Countly Club Road Shorewood, MN 55331 Re: Mary lake Woods Preliminary Plat Review Dear L.any: We have completed our review of the preliminary Pial: for the above-referenced project. submitted by SchOeR & Madson. Inc., dated October, 1997 and have the following comments: Preliminary Plat 1) The alignment at the proposed street, Mary Lake Trail, should intersect the east right-of-way line of Country Club Road at a right angle. The proposed aflQOlTl8nt intersects Country Club Road at about a 6S degree angle bearing bom north to east. 2) The radius of the northbound lane entering the cul-de-sac may be too tight if the applicant proposes to construct a center planting island in tho cul-de-sac. 3) The preliminary plat should include the NWL and HWL (for a 100 - year storm runoff event) of each wetland contained within or in part by the proposed pial: boundary. 4) The preliminary plat should include the low floor elevation for each lot. set at an elevation not less than two feet above the HWL for a 1OQ-year storm runoff event lElvel or the natural overflow for the corresponding lowland for each lot (whichever level is higher), and four feet above the groundwater elevation. Preliminary Grading and Drainage Plan 1) The rock construction entJanCe should not be less than fifty feet in length. 2) The proposec::llow point, catch basins and culvert located at about station 0+70 should be reloc8led to abeut station 1+00 (+) so the first 10o-feet of Mary Lake Trall drains a~ from COuntry Club Road and toward the catch basins. This W11lresult in an Increase in street grade to the north east of this Iowpoint, however, the street grades should be HI\t'Illllll.00CI0riPD0ft\112&87.1A11 300 PaIk Place East ms w.,zata BaIlleVM'd MinIIe8pGIIs, _ 55416-1228 612-695-6775 FAX 612-59506713 1-aao-753-5775 NOU-26-1997 11:05 . . ~WCan\112Sl17.l.A8 P.03 able to be designed in accordance with City requirements (0.5% to 6.0%). 3) The proposed grading of Lot 1, Block 1 may result in draining runaff from the right-Qf-way across the nal1h west comer of the lot. A drainage easement or redirection of runoff will be required. A similar condition also exists for Lots 3, 4,6 and 8. 4) OSM aid not receive stonn water runoff calculations far this proposed development. The 1975 Comprehensive Stormwater Study indicates the extension of a 36-inch storm sewer through this proposed developmQOt parallel to the sanitary sewer aBgnment. This storm sewer was sized based on a 5-year storm runoff event and the pipe size will need to be increased to hancl1e a ten-year event used in current runoff calculations. The City may want to consider right-of-way and easement options for routing this trunk stonn sewer through this area. We recommend the City wait until an updated storm water stUdy be performed for this drainage sub-basin and adjacsnt sub-basins before constructing the stonn sewer indicated in the 1975 stUdy. 6) The planS do not incftcate the NWL or HWL for the two wettands located at the intersection of Country Club Road and Mary Lake Trail. AIIhough the 1975 Comprehensive Stormwater Study indicates these wetlands drain to the west. the post-development HWL may overtop Country Club Road. 5) 7) An vertical and horizontal CUlV8S proposed for Mary Lake Trail should be in accordance with design criteria for a 30 mph design speed for stopping sight distances. S) The grading Be drainage plan propose to leave an existing draintile in service with an apparent outlet to the NURP pond. The city may want to inspect the soundness of this draintile and consider an overland drainage route in lieu of the existing tile. 9) The proposed plan does not indicate a permanent access to perfonn maintenance operations on the NURP pond. 10} The riprap for the NURP pond outlet structure should be channelized and extended to Mary Lake to reduce potential erosion. 11) The NURP pond outlet structure/skimmer utirlzes a 4-inch orifICe Joca1ed about 1.3-feet below the NWL This arnlCe may be subject to frequent freezing and resulting in higher pond levels during snow melt periods. 12) The drainage easement along the souU'lem portion of Lot 4 and the NOU-26-1997 11: as P.B4 northern portion of Lot 7 should be relocated to contain the existilg draintile. The drainage easement between Lots 7 & 6 should also be widened to the south to provide enough easement for a potential overflow. 13) The existing culVert between Lots 6 and 8 should be in$pected and replaced as part of this project if it is in poor condition. 14) The proposed pavement section may be inadequate as shown on the plans. Pavement section design should be detennined after a soil boring report has been submitted for raview. The SCS soils data indicate poor soil conditions for street purposed near the Mary lake Trail and Country Club Road Intersection. 15} The overflow elevation of Mary Lake appears to be about elevation 959. the lots acttacent to Mary Lake should indicate low floor elevations at least 2-feet above this elevation as woU as 4-feet above the groundwater levels. . 16) We suspect a 12.jnch culvert exists crossing Country Club Road near the intersection wiIh Maty Lake Trail. The 1ocation and condition of this culvert should be verified to ensure posftive drainage of the wetland at this intersection. 17) The plans submitted do not indicate a NURP pond for the wGSterly one- third of the proposed street. Mary Lake Trail. 18) The NURP pond may only be designed for the drainage from the proposed roadway. The pond should b8 sized for all draKtage from the site that reaches this area. The City may want to consider a potential regional pond for future use within this development for the sub-basins draining through this area to Mary Lake. Preliminary Utility Plan 1) TIle Implementation Plan Report for water distribution system improvements, prepared in 1996, indicates extension of a trunk watermain along Country Club Road in 1999. This water extension would provide City water to this development rather than the constructIon of seven new wells. . 2) I here appears to be an exilSliny w$lllocated Just north eEISt of 1ho proposed cukiCHaC. It is currently unclear whether this is a monitoring weft or a water supply weD for one of the adjacent parcels. TIle purpose of this well should be detarmi1ed before final plat approval 3) The proposed sanitary sewer system indlCateS the constructIOn of an inside drop section to existing manholes. We recommend 1he use of an outside drop since an inside drop becomes an obstruction for H:\97\lOO,Clll\CW>COII\1 12U7.1.A11 . . NOU-26-1997 11:06 P.05 maintenance operations. However. the pUbrlC sanitary sewer could be eliminated by eonstructing individual 4-inch services to each lot with clean-outs placed at the right-of-way line fo.r each service. These services could be core dnlled into the existing sanitary sewer and connected with a water tight boot. This preliminarY plat review has been performed from an engineering standpoint with regard to grading. drainage, street and underground utility design issues. If you have any questions regarding our review of this development plat, please do not hesitate to call me at sg5.5696. SinCGrely. ORR SCHELEN MA VERON AND ASSOCIATES, INC. " ~\ \ -=- . Paul T. Hornby, P.E. Project Manager f c: Brad Nielsen - Dirctor of Planning - City of Shorewood H.~1i2llllT.LA8 TOTAL P.05 DAFT CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR MARY LAKE WOODS . WHEREAS James Wyman (Applicant) has an interest in certain land within the City of Shorewood and has applied to the Council for preliminary plat approval of a plat to be known as Mary Lake Woods; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 25 November 1997, which Memorandum is on fIle at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's consulting engineer and his recommendations have been duly set forth in a letter to the City Engineer, dated 25 November 1997, which letter is on fIle at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 2 December, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1 . That the Applicant's request for preliminary plat approval of Mary Lake Woods is hereby approved. 2. That such approval is subject to the recommendations set forth in the City Planner's Memorandum, dated 25 November 1997, the recommendations set forth in the consulting engineer's letter, dated November 1997, and the terms and conditions contained in the minutes of the Planning Commission meeting of 2 April on fIle at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December 1997. Tom Dahlberg, Mayor ATIEST: James C. Hurm, City Administrator/Clerk i I ~ '1, A, Yl CITY OF SHOREWOOD 5755 COUNTRY CLUB. ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state.net MEMORANDUM . TO: FROM: DATE: Planning Commission, Mayor and City Council Brad Nielsen 3 November 1997 RE: Traylor, Sondra - C.D.P. for Special Home Occupation Permit FILE NO. 405 (97.31) BACKGROUND . Dr. Sondra Traylor is the owner of the property at 23115 Summit A venue (see Site Location map - Exhibit A, attached). Since May of 1996 she has provided chiropractic services in her home pursuant to a limited home occupation permit. Dr. Traylor now proposes to employ a part-time person who does not live on the premises to help her with general office and reception duties. In order to do this Dr. Traylor has applied for a conditional use permit, pursuant to Section 1201.03 Subd. 12 of the Shorewood Zoning Code. Dr. Traylor's property is zoned R-1C, Single-Family Residential and contains approximately 47,148 square feet of area. Land use and zoning surrounding the subject property is residential, including the area to the south which is located in Chanhassen. Exhibit B contains the applicant's written request for a conditional use permit. Exhibit C is her site plan and Exhibit D is a sketch of the floor plan of her home. ANAL YSIS/RECOMMENDA TION Section 1201.03 Subd. 12.d. sets forth 10 general provisions for home occupations and four specific conditions relative to special home occupation permits. The applicant has addressed these conditions in her request letter. With the exception of parking, her request appears to be consistent with the requirements of the Code. Due to the substandard width and existing grades on Summit Avenue, it is extremely important that all parking associated with the home occupation occur on the property and not on the street. It is worth noting that the applicant's home exists as a nonconforming structure. The house is only 19+ feet from the right-of-way of Summit Avenue, while the R-1C zoning district requires a front yard building setback of 35 feet. The required setback is shown on Exhibit --:: Pesicer-::-aJ Cor:r:!Lini-'-' ],-: _2:;-?~i1;nner]I..c.,{.::-:~/:.'.-,-: -.~...-:) ,6 .., . . Memorandum Re: Traylor C.U.P. :3 November 1997 C. The Home Occupation section of the Code refers to the parking requirements found in Section 1201.03 Subd. 5. This section states that "required parking" shall not be located within the front yard setback area of the property. A minimum of three parking spaces are required for the proposed use - one for Dr. Traylor, one for the proposed employee and one for a patient (assuming no overlap in patients). Two of these spaces can be accommodated within the existing garage, however, inadequate room exists for a third car without it being in the required setback. Although the applicant states that she parks inside of her garage, a letter from neighboring residents (see Exhibit E) alleges Wat patients park in a paved area south of the existing driveway. Our review of aerial photos indicates that this area appears to have existed prior. to the applicant's ownership of the property, however, it does not comply with current Code requirements. Despite the property having enough frontage for two driveways, the paved area is approximately 35 feet wider than the maximum width (25 feet) for driveways. There is also some concern about adding parking to the existing driveway (e.g. on the north side of the garage) due to the proximity of the existing driveway to the street comer. If the Planning Commission and Council feel the applicant's request has merit, it is recommended that the following conditions be included in any approval: 1. . The applicant must provide one additional paved parking space on the north side of tlle garage. 1. . The nonconforming paved area south of the existing driveway be removed and restored to lawn area. Prior to issuance of a C.U.P. the applicant should be required to provide a cash escrow or letter of credit and enter into an escrow agreement guaranteeing that the paved area would be removed and restored no later than 1 June 1998, and that the parking space referenced in 1. above be paved by the same date. In the mean time the nonconforming paved area should be posted with "no parking" signs. The applicant and employee must park inside the garage during business hours. Although difficult to do, this condition should be monitored over the next 12 months. It is anticipated that neighboring residents will report violations. :3 . Any conditional use permit should be limited to annual or biannual review by the Planning Commission. Violations of the conditional use permit will result in revocation. 2. cc: Jim Hurm Larry Brown John Dean Sondra Traylor -2- , -ieo-r3$---~Z8 105 /V :------- ( 18) 191 :l ZIO :.......--... Z:!l...... I . . : ( 19) . ------------~------------ , ~ .. .. \S (20) : .,.. ./ (31) . :'?OO I .- ,I' 1. 1611 I ....1 .;:;/ I I~ ,-------------- :S (ZI) ...~~,f.T ~ ~ ......... .;Q~. rTT ( 4) 344.07 i13~ 17\1 ( 6) SUC~ID :':"! (:::1 ~, , I , , . I ......:~ : ~;;:. : ... I"" .J'~'JI. . .......:. (, ,t.,;::,O.: \ -" . , ;t~ ; ,78 \ 10) i : #. ,- '\ ; ~'-'''''' '..- . :X 00 ,~. C. h a.l\ h a. S ; e ~, I ~..;t ( ..J!- r C. c . Exhibit A ~!~2 T~.~.;C.~cLT(~:..~' T Sondra L Traylor. D.C. 23115 Summit Ave. Excelsior, MN 55331 (612) 474-5289 October 6,1997 City of Shorewood RE: Residential Conditional Use Permit for Sondra Traylor's home office . Dear City of Shorewood Council Members: In May 1996 I received a Limited Home Occupation permit from the City of Shorewood. My home business meets all the General Provision Requirements for the Limited Home Occupation Permit. In June 1996, I opened a part-time Chiropractic office in my home. It has been wonderful! One of the best decisions I've ever made. In the fourteen months the office has been operating in my home, I have done all the patient work and paper work myself. The time has come to streamline my life a little more and take offmore stress. I would like to obtain a Special Home Occupation, Conditional Use Permit which will allow me to hire a person to help me part- time. The person will be assisting me with general office work and some telephone receiving. The hours of the office are Monday through Thursday, 9:00 am to 12:30 pm and 2:30 pm to 5 :30 pm. Closed Fridays. The office is open 26 hours per week. The person would be working any where from 10 to 26 hours per week. I anticipate an average of four mornings per week, . I was advised to cover the General Provisions that are required that my office met to receive the Limited Home Occupation Permit, which I received fourteen months ago. a. There is no light glare, noise, odor or vibration. b. No equipment creates electrical interference. c. The business has not changed the outside of the premises. d. All the internal features are as customary in a residence. e. There is no exterior storage of equipment or materials. f. All fire and building codes are met. g. There are no exterior or interior displays or signs that are visible from outside the building. r- . ,.' p t:.XnIOlt :..., ~ 0DT T(" ~ -'. T~' _:: _-__ h. The business complies with the City Nuisance Ordinance. 1. The business does not operate between 9:00 pm and 7:00 am. j. Parking is easily accommodated in the current drive way, in which three cars can park across, and only two will be used at a time. (I park my car in the two car garage, so it will not be counted in the driveway parking spaces.) This parking meets the 25' requirement from the curbline. There is also a nice walkway to the front door. . Enclosed please find the following documents: _ List of property owners within 500' of my property line. - Dimension Plan of Lot and Area, including set-backs. - Location of building on the lot. - Floor Plan with Office area marked. _ Information on parking for patient and the employee. . -Proof of Ownership: The abstract is on file with FirstSecurity Title, and I have provided a copy of their notice that it is on file with them, as well as refinancing papers from February 1993. Also enclosed is a copy of the satisfaction of mortgage from Hennepin County recorder's office, for the second mortgage paid off in April 1997. Please let me know if you need further verification of ownership. Please feel free to call me if you have any questions, I will be happy to help. I want to thank you in advance for considering and hopefully approving my request for the Special Home Occupation Conditional Use Permit. Thank you. Sincerely, ~~CL-r;~ ~ If'~lIJv'.R... : u.. 70-tAS~7 o~ phoN. ~ i..\ 74 -> 2.t;;7' ~';o;.' 474-53'117 ,\ . J...1..,\f!V . 'f,~-/1 ;/ \ '__'V' . '__ t-1i ~ . !:~ -Sll+~ -trot"'. Co- \.Jf"b ~ f"~..e. of ~-t,...e-1u :J I E~i"'+i1 ~ I d n"4.~..'1 > _I t~ je$'4~ <t I / ,/ I ? I i'" I ~ i) ,..,1 ;0 ", t"" rU) !/ fi V t;/ ~ ~'0<i- ~" ~~ / \~ Cb \~\J\ '0 .... . . f J f(1C' ic,j. ""! ~ v':' . .. ; ;. c ~ ;/:Ji1' I ' (;.ferll . !~)~ , (it ,-- r~ 0 A( / ..?~\ / _ ' \ \t' ./ ~V // . ~. ------- / /' ------------ -..'7c'~~/{ /' :;;--{'~. . _',':':"'; // ':.:' :::7"5/04 .' ,_ .. d'...;. f-///7e 0: ,-5" /'.,? _/"1 / ,- - . ---~,/"",:(.-".............- - ( -' -' J-Ll I o' ' ..-: "~ \ - -\- 1-' . ;lllWl.' ~, >> "" ." '\.. '" "J ~ ').. r(') .~ '- \J ..... ~~ ~ . ....J.,...... I , _ -'. -- . . --t.\" ~) "" ,~~ . ~ " : :.Ii)'(. :^ ;' ~ .co', A: ,j b l' .. / I I 325.46 340.46 ;..~-;- ~ .- I' '-' ~ ,,/ -- .:= r;,. (./ ,-:. .;; / ,/;7,0 /",- / _ ,_ r / -~ 7- /.3 5 91 3 0 II E . - ..._. --.! !l.. i~. 11/ - "..i... .- . . : J /-~-~.,-, - .._c_1 .1' - " I ~\ I ~~ I~ I~ f ''V'- I '- If--.. "- ~ " "- ..;.. , I~ IV] , I !. I'\. I $ I I r. , v I ~ i~ I ':A. I' ,\~- '...... i ,J , I I 4- NOV'~~t",v\i('\ ! ~: F"~ 4"'~ ~ [ ~ i "', i ;Q.; !~ f~ J- - ~ ~ ~ (J) __ tS" 2~/"'/..::J~ ,,/" . .... .r __ .... I' ~I -.,.( ~p .-",,;. ,I / ~ ,_/7S/C/'''' .-? .. . ....<;' ::::.:::..u.t.;.. /. .. -: I ...' / / ;~~ ,- - / ,- . ,_ .;... ,-; '~T /3 90 65.0 Exhibir C '~. ~------ ~- , ., ";: i'" 'J "- " i -\... i " ''4 1\ I' v'. ,,' \ , t ," ~, ...; , I ; ..' r f' .\ '\l \1\ () ~} 0\- 1\) U' o \.j '- l.Jj "~O,tA~'ng , :r - -~ \ ''-t.vJ OJ. l' ., 1() -v,qllA"('TlfI . ;. f' i" j .3 -) ll) 1'," r.\~~".. 00 h' \~t P -:;' . rL. . :- ~o':" .~ ~~.. J \ i!, "t , . J. ,l 1 . ~. t,. J t- .! ... _ .J. .ol,t,S-"' .' ~ "0 . 't' '" .. ' '1 ~!u IJ~ 3~ r<0 . - 'U'1" .fA. ,. ~~g .,'"., ~ i ~ ~ 'fI! ~ fl.: ~A') ~.~ J.:'~: ~t" -'iJ,.-4~ . ::_'.___' '" ():".... ''ir1( __. o:r~ C 'l.I....~ - ~ ror;?< o - <? 9t:....fl'::. o ~_. J<.~, r.,r::; ..... I l I ~ ~. ,10 -... '.... I _. oJ ~~ j o '.)1 " ..' ,O' ~ I ,~ j J c:1 <. -. 0 ..~ . . .. ,.. .... . ,,: ., , ~, u l :, t 'l j co p1 . E 1'~ -a 1 'f c(.'-J '.. . ...... I. \ ~ <) . E J. p 1 " :& \ \ ~ t: , 1 'r' _' ~n . 0 Z4- ~ d. - or t r .1tl.. ...... .f' I) .J . _. '" . ~' . ~~ )1. ~~. '" r'" ~~.O [0 7 (4. J,h'~ . - ::11 ';J (., ~,). 1 .... r~~ (0.: 'J ._~() e (f" . ) ';;: ,. ~ 11 '.':- . '\:, '.' I ) 1'.. . .'..1 .1 cO . -> , ,",0 C:'. ! 11 ,.' I:~r'(;.;~)' , : I : ~ !. ...,.' ;. ~~'. ~ :.'. 'oo ~ ;.- t u 1 r .' .. " .. - r :to :r .. \ t If " . r . ~ I ~ 1-- ~ ,,".?--'J'''- \. ~ t; \ -- .. t 1M Exhibit D FLOOR PLAN ...--- -~..- --.----...--- .. -............-..- -' "l I? I=. ---.-..--..... 10/28/1997 16:10 6124703990 T FRANZEN FIL [PAtiOP Y Fax /I "1'7 -0 I :J.. 25 PhonB It October 28. 1997 post-/r Fax Note 7671 To E!,.."d{ I e./Son CoJOept. Phone /I City of Shorewood Mr. Bradley J. Nielsen Planning Director 5755 Country Club Road Shorewood, MN 55331 Faxlt RE; Request for Conditional Use Permit for a Special Home Occupation Permit for ~ondra Traylor 23115 Summit Avenue Dear Mr. Nielsen: . We are property owners living on Hwnmingbird Road. Summit Avenue turns into Hummingbird Road at the Hennepin ICarver County line. Most of us live within 500 feet of Sondra Traylor's property line. We received notice of the Public Hearing for a Conditional Use Permit for a Special Home Occupation Permit for Sondra Traylor and wish to submit our written comments for review at the Public Hearing. We are opposed to the approval of the Conditional Use pennit as the street on which we all live is not designed to handle the traffic to the Traylor home should her business increase as a result of having an additional employee. This is a residential not a commercial street and we feel that if her business necessitates having an additional employee, she should move to a commercial location. Summit AvenueIHummingbird Road is only 15 feet wide and cannot accommodate two cars meeting on the road. In addition, there are several young children living on Hummingbird Road who frequently ride their bikes on the street. . Those clients currently seeing Ms. Traylor at her home do not park in her driveway but park in the Paved Turn Around Area. (See attached illustration) This situation violates the parking provisions in the Limited Home Occupation permit. In addition, because of the angle of her driveway, there would not be room to park three cars across and still comply with the requirements that "No vehicle shall be parked closer than twenty five feet (25') from the curb line or edge of the paved street surface. " On one occasion, a client afMs. Traylors was unfamiliar with the location of her residence. She was speeding and passed Ms. Traylor's home. This client used the Franzen residence driveway (6260 Hummingbird Road) to turnaround. . The client backed into and knocked over their mailbox. Mrs. Franzen witnessed the incident. The client drove to Ms. Traylor's home and when confronted by Mrs. Franzen, she offered no apology and initially denied what had happened. While this was an isolated incident, it was due to a client from Ms. Traylor's home business. In summary, our primary opposition to this request is that Summit A venueIHummingbird Road Exhibit E ".:1=1 G HB 0 R H :JIJ[) :~r--", f\ . c....., .._- . Hl/28/1997 16: 113 6124703990 T FRANZEN PAGE 133 10/24/97 15: 1.. X 612 474 0128 P.0t / ... \ t ~ ~ ~ .... ~ f.,. "- ~ LIJ ~ ::> ~ z t;;) LIJ ~ ~ ~ '" . ~ - ~ - .:.. \ r) 10 \ 4. L- lot} ~ \ 0 ~ Z ~ , " l- '\' ~ I~ ---- ~ - 'i... ~ I' "- il .- ~ 'f0 .. ." / - 4. ~ . */ i \) ::J ~ ') i (f) - ~ / . , J t 80 ." ) 0 ! 65.0 .0,' I .' j I~~ I , , ,., ' I -... '; /, 87.8 ..._.. J / J {..i(7tsler/y e~!t"/Js/&)/7 o/" ~h..;' S~.vrh P/7~o..c/of/.3 SHOREWOOD LIQUOR IMPROVEMENT PROGRAM June, 1997 On April 25, 1997 the Minnesota Municipal Beverage Association Executive Director Paul Kaspszak submitted a written report following their analysis of Shorewood's liquor operations. The report listed many suggestions for improvements in our liquor operations but concluded that the profitability of the facilities can be increased. . In early May, the Shorewood Liquor Committee met with the Liquor Store Manager, Finance Director and City Administrator to thoroughly review the report. Following that 2.5 hour meeting, the Committee concluded that every effort should be made to improve the liquor operations and make it profitable again. This summary report was requested at that meeting. Goal: It the goal of the Shore wood Liquor Improvement Program to transform Shorewood liquor operations into a winning team with excellent and improving service to customers, with 100% control over sales to minors, and with improving financial performance. Principles: The team of Shorewood liquor employees will develop their own principles under which to function, however, the following areas are deemed core principles under which the operation should function: . ~ Total integrity, professionalism, friendliness ~ Courtesy and responsiveness to customers ~ Continuously strive to improve service to customers ~ Tolerate no mistakes in sales to minors ~ Hire good people, train them well, and empower them to reach goals and provide excellent service Page 1 of 3 ~8 ~~ ~ ,- Personnel Principles: The following values are basic for all City functions professional development; and respect for City employees who with fair treatment, proper training, and willingness to let them excel, will take pride in association with the City and serve the people well. The following core principles are to be followed in employee relations: ~ Develop and live a shared vision of success ~ Everyone on the team needs to know where they stand, always ~ Listen/and communicate affIrmations and concerns ~ Train and retrain Because all employees need to know where they stand and what they need to do to improve, a performance improvement plan will be done by the employee and the manager. This will include personal goals and training needs. . A personnel policy handbook will be developed so that personnel policies are clear and understandable. SpecifIc and attainable, yet challenging, goals should be constantly set by the team. Three Keys: The three keys in realizing success are: communication, shared decision making, and coordination. . The manager should attempt to meet with the Assistant Managers on a weekly basis. A typical agenda of these meetings would be: ~ Purchasing ~ Scheduling ~ Marketing - Creative ideas ~ Work vacation schedules ~ Staffreview ~ Customer comments and concerns Page 2 of 3 => Training and staff development opportunities => Other items Assistant Managers will be empowered to run the stores and make the decisions necessary to do so. The weekly team meetings will be very important in coordination of buying and marketing opportunities. What's good for the team may not always seem the best for the individual store yet constant work at communication and teamwork will benefit the whole operation. Overhead/Lease: '. One of the major financial problems of the operations is related to the expensive lease at the Waterford store location. A team of the Liquor Committee will be responsible for addressing this problem. The Bottom Line There needs to be a sense of urgency among the Liquor Committee and the Liquor Operations Team. Because the liquor operations have not been profitable for two years, a public hearing is required by State Statute before the end of the year. Simply put, if our Shorewood Liquor Improvement Program does not show significant improvements over the next six months, the operations likely will be closed down. The good news is the Liquor Committee is convinced that if we accept this as a positive challenge and develop and work on a plan as a team, we can transform Shorewood Liquor into a successful . operation once again. James C. Hurm, Shorewood City Administrator Bill Josephson, Shorewood Liquor Store Manager Page 3 of 3 City of Shorewood Liquor Operation Income/Loss Data 1990 1991 1992 1993 Total Net Income (Loss) 76,601 108,557 57,485 45,108 Transfers to General Fund 20,000 25,000 35,000 40,000 120,000 . Total Net Income Transfers to (Loss) General Fund 1994 1 ,256 40,000 . 1995 (38,553) 30,000 1996 (28,403) 1997* 1,084 70,000 Total Transfers 190,000 * through 10/31/97 ~.,.. ",,...,. City of Shorewood Liquor Operation Income/Loss Data Net Income (Loss) Before Transfers Shorewood Vine Hill Plaza 1990 35,521 41,080 1991 52,041 56,516 1992 30,188 27,297 1993 31,564 13,544 . Net Income (Loss) Before Transfers Old Market Shorewood Road Plaza Tonka Bay 1994 (543 ) 1 ,799 1995 (58,688) 16,242 3,893 . 1996 (59,936) 22,143 9,390 1997* (45,311) 35,031 11,364 * through 10/31/97 EXTENSION OF COOPERATIVE OPERATING AGREEMENT AND LEASE AGREEMENT BY AND BETWEEN THE CITIES OF SHOREWOOD AND TONKA BAY RELATING TO THE TONKA BA Y MUNICIPAL LIQUOR STORE WHEREAS, the Cities of Tonka Bay and Shorewood entered into a Cooperative Operating Agreement and a Lease Agreement (the Agreements) relating to the operation of the Tonka Bay Municipal Liquor Store on December 8, 1994; and, WHEREAS, the original term for the Agreements is set to expire on December 31, 1997; and, WHEREAS, the Agreements have proven to be mutually beneficial to Tonka Bay and Shorewood; and, WHEREAS, Tonka Bay and Shorewood mutually desire to extend the Agreements. . NOW, THEREFORE, the parties agree to extend the term of the Agreements for a period of one year, to expire on December 31, 1998, under the original terms and conditions as stated in the Agreements. CITY OF TONKA BAY CITY OF SHOREWOOD By: Doug Keller, Mayor By: Tom Dahlberg, Mayor ATTEST: ATTEST: . City Clerk City Clerk Dated this 9th day of December, 1997. 4F8B . . PROPOSED ALCOHOLIC BEVERAGE POLICIES FOR THE SOUTHSHORE SENIOR / COMMUNITY CENTER 1 . Alcoholic beverages may not be consumed at the Community Center without the express prior written consent of the Friends of the Southshore Senior / Community Center. 2. Alcoholic beverages may be served at activities and events held in the large dining room. These activities must include the serving of food. These beverages must be provided by the organization, group or persons hosting the activity or event. If additional space is needed, e.g. renting the small conference room to accommodate additional people, the same policies would pertain. When alcoholic beverages are to be served, a police officer will be on duty, at the expense of the renter, for the last 3 hours of the event. Variations in the time alcoholic beverages are to be served may alter the need for a police officer to be on duty, for example where alcoholic beverages will not be served throughout the event, but the party intends to have a toast before or wine during dinner. 3. 4. No compensation of any nature may be exchanged for alcoholic beverages. This includes donations and/or advanced sale tickets. 5. Alcoholic beverages may only be served until 10:30 p.m. on week nights and midnight on Friday and Saturday. 6. All parties consuming alcoholic beverages in the Center must conform to all City and State liquor laws. 7. Alcoholic beverages may not be consumed outside the Community Center building. 8 . A certificate of Insurance is to be provided by the sponsor of the event showing that the sponsor has liquor liability insurance of at least one million dollars covering the event and naming the City of Shorewood as an additional insured. 12/11/97 #-9 , , ., . . CITY OF SHOREWOOD OFFICIAL SUMMARY OF ORDINANCE NO. The following is the official summary of Ordinance No. _, approved by the City Council of the City of Shorewood, Minnesota, on December 15, 1997. ORDINANCE NO. AN ORDINANCE RELATING TO THE LICENSING OF THE SALE OF 3.2 PERCENT MALT LIQUOR AND AMENDING CHAPTERS 402 AND 1301 OF THE SHOREWOOD CITY CODE The Ordinance updates Chapters 402 and 1301 of the Shorewood City Code relating to liquor. State Statutes required the term "non-intoxicating" to be removed and replaced with the term "3.2 Percent" within all City ordinances. Ordinance No. _ provides for that change. A complete copy of the Ordinance is available for inspection by any person at the office of the City Clerk. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk JBD134799 SH230-2 #:10 ORDINANCE NO. AN ORDINANCE RELATING TO THE LICENSING OF THE SALE OF 3.2 PERCENT MALT LIQUOR AND AMENDING CHAPTERS 402 AND 1301 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as follows: Section 1. Chapter 402 is amended as follows: The title is amended to read: CHAPTER 402 NONINTOXICATING 3.2 PERCENT MALT LIQUOR 2. Section 402.01 is amended by amending subdivision 3 thereof to read as follows: . NONINTOXICf..TING 3.2 PERCENT MALT LIQUOR: Any malt beverage with an alcoholic content of more than one-half of one percent (.5%) by volume and not more than three and two-tenths percent (3.2%) by weight. 3. Section 402.02 is amended to read as follows: Subd. 3 402.02 LICENSE REQUIRED: No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale and otherwise, or keep or offer for sale, any nonintoxicating 3.2 percent malt liquor within the City without fIrst having received a license as hereinafter provided. 402.03 APPLICATION FOR LICENSE: Every application for a license to sell nonintoxicating 3.2 percent malt liquor shall be made on a form supplied by the City and shall state the following: Subd. 1 Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 Subd. 8 JBD134799 SH230-2 The name of applicant; His age; Representations as to his character, which such references as may be required; . His citizenship; Whether the application is for "on sale" or "off sale"; The business in connection with which the proposed license will operate and its location; Whether applicant is owner and operator of the business; How long he has been in that business at that place; and ..-, Subd. 9 Such other information as the Council may require from time to time. Applications shall be filed with the City Clerk, and it shall be unlawful to make any false statement in an application. 5. Section 402.05 is amended by amending subdivisions 1 and 2 thereof to read as follows: Retail "on sale" licenses, which shall permit the sale of notHntmucating 3.2 percent malt liquor for consumption on the premises only; and Retail "off sale" licenses, which shall permit the sale of notHntoxicatiflg 3.2 percent malt liquor at retail in the original package for consumption off the premises only. 6. Section 402.07 is amended by amending Subdivisions 1 thereof to read as follows: Subd. 1 Subd. 2 Subd. 1 Bond, Insurance or Cash Required: Any person or corporation licensed to sell retail nonimoxicating 3.2 percent malt liquor at on sale or off sale shall demonstrate proof of fmancial responsibility with regard to liability imposed by Minnesota Statutes, section 340AA09 to the Commissioner of Public Safety as a condition of the continuance, issuance or renewal of his license. Proof of fmancial responsibility may be given by filing: . a. A certificate that there is in effect an insurance policy or pool providing for the following minimum coverages: (1) Fifty thousand dollars ($50,000.00) because of bodily injury to any one person in anyone occurrence and subject to the limit of one person; in the amount on one hundred thousand dollars ($100,000.00) because of bodily injury to two (2) or more persons in anyone occurrence; in the amount of ten thousand dollars ($10,000.00) because of injury to or destruction of property of other in any occurrence; or . (2) Fifty thousand dollars ($50,000.00) for loss of means of support of anyone person in anyone occurrence and subject to the limit of one person; one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in anyone occurrence; or b. A bond of a surety company with minimum coverages as provided in subdivision a( 1) above; or c. A certificate of the State Treasurer that the licensee has deposited him one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for the trust funds having a market value of one hundred thousand dollars ($100,000.00). 7. Section 402.10 is amended by amending subdivisions 2 and 6 thereof to read as follows: JBD134799 SH230-2 Subd. 2 Subd. 6 , Sales to Certain Persons Restricted: No nonintoxicating 3.2 percent malt liquor shall be sold or served to any intoxicated person or to any person under twenty-one (21) years of age. a. No minor shall be permitted to consume nonintoxicating 3.2 percent malt liquor on the licensed premises. No minor shall be permitted to sell or serve nonintoxicating 3.2 percent malt liquor in any "on sale" establishment. b. Closing Hours: No sale of nonintoxicating 3.2 percent malt liquor shall be made on any Sunday between the hours of 1 a.m. and 12 noon. No sale shall be made between the hours of 1 a.m. and 8 a.m. of any other day. 8. Section 402.11 is amended to read as follows: Subd. 1 402.11 PROHIBITED ACTS INVOLVING MINORS: No minor shall misrepresent his age for the purpose of obtaining nonifltoxicatiag 3.2 percent malt liquor. No person shall induce a minor to purchase or procure nonintoxicatiag 3.2 percent malt liquor. No person other than the parent or legal guardian shall procure nonintoxicating 3.2 percent malt liquor for any minor. No minor shall have nonimoxicating 3.2 percent malt liquor in his possession with the intent to consume it at a place other than the household of his parent or guardian. 9. Section 402.13 is amended by amending subdivision 1 thereof to read as follows: Subd. 2 Subd. 3 Subd.4 Subd. 1 . The violation of any provisions or condition of this Chapter by a nonintoxicating 3.2 percent malt liquor licensee or his agent shall be grounds for revocation or suspension of the license. . Section 2. Chapter 1301 is amended by amending those parts of Schedule A to Section 1301.02 shown below as follows: Nonintoxicating 3.2 Percent Malt Liquor License - On-Sale Nonintoxicating 3.2 Percent Malt Liquor License - Off-sale Nonintoxicating 3.2 Percent Malt Liquor License - Temporary License JBD134799 SH230-2 300.00 50.00 25.00 CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve on the Park Commission; and WHEREAS, the City Council did complete 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 appointments to the Planning Commission effective January 1, 1998 through December 31,2000: Planning Commission: Member 1. Patrick Collins 2. Paula Callies 3. Jeffery Bailey Term 2000 2000 2000 . Said appointments complete the seven member Planning Commission which consists of the following additional members: Member Jeff Foust Virginia Kolstad Christine Lizee Roger Champa Term thru 1998 thru 1998 thru 1999 thru 1999 BE IT FURTHER RESOLVED that the City Council designates Deborah Borkon to fill any vacancy on the Planning Commission which might occur during 1998. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator # JI CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve on the Park Commission; and WHEREAS, the City Council did complete 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 appointments to the Park Commission effective January 1, 1998 through December 31, 2000: . Planning Commission: Member 1. Dan Puzak 2. Chuck Cochran 3. Mark Themig Term 2000 2000 2000 Said appointments complete the seven member Park Commission which consists of the following additional members: Member Pat Arnst William Colopoulos, Jr. Mary Bensman Ken Dallman Term thru 1999 thru 1999 thru 1998 thru 1998 BE IT FURTHER RESOLVED that the City Council designates Ann Packard to fill any vacancy on the Park Commission which might occur during 1998. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator 4t1~ CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ADOPTING THE 1998 BUDGET AND APPROVING THE 1997 PROPERTY TAX LEVY COLLECTIBLE IN 1998 WHEREAS, the 1998 Budget and 1997 property tax levies collectible in 1998 for the City of Shorewood were submitted and made available for public review at City Hall on November 26, 1997; and, WHEREAS, a Public Hearing, upon notice duly given, was held on December 3, 1997, for the purpose of receiving comments from the public regarding the adoption of such budgets and property tax levies; and, WHEREAS, the adoption of the 1998 Budgets and 1997 property tax levy collectible in 1998 was held over to a subsequent hearing held on December 15, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . 1. That the following budgets are adopted for 1998: General Fund Water Fund - Operating and Debt Service Sewer Fund Recycling Fund Stormwater Management Fund $2,758,893.00 776,169.00 1,054,466.00 85,992.00 124,523.00 2. That the following sums be levied for 1997, collectible in 1998, upon taxable property in the City of Shorewood for the following purposes: General Fund $2,204,314.00 Less: HACA (421.496.00) Total Levy $1,782,818.00 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of December, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #/3 . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION ADOPTING A CAPITAL IMPROVEMENT BUDGET FOR THE YEAR 1998 WHEREAS, the Shorewood City Council wishes to carefully plan and coordinate City public capital purchases and projects over a five year period matching physical needs with financial resources; and WHEREAS, the City Council has adopted a Capital Improvement Program for the years 1998 through 2002 for this purpose; and WHEREAS, it is the intention of the City Council to have the first year of the five year Capital Improvement Program document serve as the capital budget for year 1998. . NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts those purchases and projects identified to be made in the year 1998 in the Project Schedule of the 1998-2002 Capital Improvement Program (attached hereto) as its 1998 Capital Improvement Budget. BE IT FURTHER RESOLVED, that the adoption of said budget authorizes purchases, and preliminary project expenditures up to and including feasibility study for those projects identified to be undertaken in the year 1998 pending City Council approval of appropriate agreements and operating budget adjustments. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 15th day of December, 1997. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR -Jrltf ..... ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1301.02 OF THE CITY CODE, RESIDENTIAL RECYCLING FEES Section 1. Section 1301.02, Schedule A of the Shorewood City Code is amended as follows: Type of Charges/Fee Residential Recycling Fee Charge/Fee $1.50/montb/household Section 2. This fee shall take effect on January 1, 1998. Section 3. This ordinance shall be in full force and effect from and after its passage and publication. . ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 15th day of December, 1997. ATTEST: TOM DAHLBERG, MAYOR .MES C. HURM, CITY ADMINISTRATOR ttlS CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION REVISING THE CITY OF SHOREWOOD'S WAGE AND SALARY RANGE CHART FOR 1998 AND SETTING THE MONTHLY CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES WHEREAS, the City Council established the current salary and wage range chart for City employees by its Resolution No. 96-122; and, WHEREAS, the City Council established the current monthly contribution toward the monthly insurance premium for City employees by its Resolution No. 95-10; and, WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart and monthly contibution towards monthly insurance premiums for City employees within the parameters of State Statutes. . NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year 1998 as listed on Exhibit A, attached to and hereby made a part of this resolution. 2. The City's contribution toward the monthly insurance premiums for City non-contract employees is hereby set at $353.00 per month for the year 1998. BE IT FURTHER RESOLVED that this resolution shall be effective January 1, 1998. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 15th day of December, 1997. . Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #/~ EXHIBIT A CITY OF SHOREWOOO PAY PlAN /PAY RANGES 1998 aJARENT RAI\X3E posmON STEP 2 3 4 5 Exec. Secty.lDeputy Clerk 5 31,585 33,559 35,533 37,507 39,481 Receptionist/Secretary 3-4 22,409 23,809 25,210 26,610 28,011 FfT Clerical 3-4 22,409 23,809 25,210 26,610 28,011 PfT Clerical 3-4 19,856 21,097 22,338 23,579 24,820 Election Clerk 18,910 20,092 21,274 22,456 23,637 Finance DirectorfTreas 5 44,276 47,043 49,810 52,578 55,345 Senior Accounting Clerk 5 27,128 28,823 30,519 32,214 33,910 . Planning Director 5 42,532 45,191 47,849 50,507 53,166 Building Inspector 5 34,007 36,133 38,258 40,384 42,509 Planning Assistant 5 30,228 32,117 34,006 35,895 37,785 Light Equipment Operator 27,030 28,720 30,409 32,099 33,788 Public Wks Working Foreman 30,315 32,210 34,104 35,999 37,894 Supervisor of Oper. & Maint. 5 36,919 39,227 41,534 43,842 46,149 City Engineer/Pub Wks Director 5 48,080 51,085 54,090 57,095 60,101 Administrator/Clerk 5 51,140 54,336 57,532 60,729 63,925 . ~ Liquor Operations Manager 5 34,601 36,764 38,927 41,089 43,252 Liquor A~sistant Manager 5 23,728 25,211 26,694 28,177 29,560 Liquor Clerk 14,474 15,379 16,284 17,188 18,093 NOTES: 1. Step 5 is the normal salary/wage cap (TOP). It is based on averages for similar positions in cities with similar populations, number of employees, location and job descriptions. 2. Normally, an employee would be hired at Step 1 - 80% of the TOP 3. After probation (6 months), an employee would go to Step 2 - 85% of the TOP. 4. After 1 year, an employee would go to Step 3 - 90% of the TOP. 5. After 2 years, an employee would go to Step 4 - 95% of the TOP. 6. After 3 years, an employee would go to Step 5 - 100% of the TOP. This plan, like the proposed Union contract, would allow us to hire a person at Step 2 if the person is highly qualified and/or has significant experience and we need to offer a higher wage to attract them. It should also allow us to offer up to Step 4 after probation for the same reasons. Employees may move more slowly through the range if not meeting expectations, and the City should be able to exceed Step 5 for exceptional performance. CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION MAKING A NOMINATION TO THE MINNEHAHA CREEK WATERSHED BOARD OF MANAGERS WHEREAS, two of the three seats on the Board of Managers of the Minnehaha Creek Watershed District up for appointment are to be from Hennepin County; and WHEREAS, the Minnesota Watershed Law provides that municipalities with any watershed district within the metropolitan area may nominate persons to serve on the Board of Managers of the watershed district from which the County Board of Commissioners appoints the manager; and WHEREAS, municipal nominations are to be presented to the Hennepin County Board by January 8, 1998; and WHEREAS, in Resolution No. 97-93 the Shorewood City Council has nominated Woody Love to a seat on the Minnehaha Creek Watershed District Board of Managers; and . WHEREAS, Robert Rascop has voiced an interest in serving on the Minnehaha Creek Watershed . District Board of Managers; and WHEREAS, Robert Rascop has a distinguished record of service on the City Council and as Mayor of the City of Shorewood and as a Board member on the Lake Minnetonka Conservation District, including serving many years in the various capacities of the Executive Board; and WHEREAS, Robert Rascop is known to have an open management style, is a good listener and has a "user friendly" approach to public service. NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council nominates Robert Rascop to the Minnehaha Creek Watershed District Board of Managers, and urges the Hennepin County Board of Commissioners to appoint him to this position. ~ ADOPTED by the City Council of the City of Shorewood this 15th day of December, 1997. . ATTEST: TOM DAHLBERG, MAYOR i- r {, i ~ I r ~ ~; JAMES C. HURM, CITY ADMINISTRATOR #/7 . CKNO 22021 22022 22023 22024 22025 22026 22027 22028 22029 22030 22031 22032 22033 22034 22035 22036 22037 22038 22039 22040 22041 22042 22043 22044 22045 22046 22047 22048 22049 22050 22051 22052 22053 22054 22055 22056 22057 22058 22059 22060 22061 . CHECK APPROVAL LISTING FOR DECEMBER 15, 1997 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 4, 1997 TO WHOM ISSUED PURRlSE JAMES HURM MILEAG8'EXPENSES NORTHERN STATES POWER UTILITIES WASTE MANAGEMENT WASTE REMOVAL CARL ZINN ESCROW REFUND-REPLACE CK MARLIN'S TRUCKING FRBGHT QUALITY WINE & SPIRITS LlQUORIWINE PURCHASES PERA PEPA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -G. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPT OF REVENUE STATE TAX WITHHELD ARMOR LOCK & ALARM QTRL Y MONITORING LAWRENCE BROWN SOFTWAREtTONERlMILEAGE BROWNING FERRIS IND. DEC RECYCLING KATHLEEN HEBERT SEC 125 REIMB JAMES A. MARTIN COMPUTER CONSULTING METRO COUNCIL ENVIRONMENT NOV. SAC BRADLEY NIELSEN SEC 125 REIMB BRADLEY NIELSEN MILEAGE JOSEPH PAZANDAK MILEAGE DANIEL RANDALL BOOTREIMB ALAN ROLEK SEC 125 REIMB STAR TRIBUNE SECRETARY AD US WEST COMMUNICATIONS ROBERT H. MASON INC. REDEEM BONDS 45,49,53,57 TRIVESCO REDEEM BONDS 44,48,52,56,60 PAUL N. STEINER REDEEM BONDS 43,47,51,55,59 MARK Z. JONES REDEEM BONDS 46,50,54,58 BELLBOY CORP. UQUOR PURCHASES BELLBOY BAR SUPPLY MISasUPPL Y PURCHASES DAHLHEIMER DIST BEER PURCHASES DAY DISTRIBUTING BEER PURCHASES EAST SIDE BEVERAGE CO BEERlMISC PURCHASES FLAHERTY'S HAPPY TYME CO MISC PURCHASES GRIGGS, COOPER & CO LlQUORIWINE/MISC PURCHASES HONEYWELL PROTECTION SVC QTRL Y MONITORING JOHNSON BROS. LIQUOR CO LlQUORIWINE PURCHASES LAKE REGION VENDING MISC PURCHASES LEEFBROS. MATS MARK VII BEERlMISC PURCHASES Page 1 AMOUNT $78.54 2,697.37 220.51 300.00 55.20 4,333.41 2,466.94 1,533.36 929.00 156.50 145.25 1,139.45 145.12 155.27 33.66 240.00 1,800.00 2,821.50 101.00 255.47 53.90 85.94 179.59 260.18 396.73 35,547.96 44,434.95 44,434.95 35,547.96 4,382.05 410.21 894.10 4,103.60 15,103.30 154.40 14,898.15 83.07 6,713.12 860.1 5 26.20 5,296.70 . . CKNO 22062 22063 22064 22065 22066 22067 22068 CHECK APPROVAL LISTING FOR DECEMBER 15, 1997 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 4, 1997 TO WHOM ISSUED MARLIN'S TRUCKING NORTH STAR ICE PAUSTIS WINE CO PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THE WINE COMPANY THE WINE MERCHANTS PURFC6E FREIGHT MISC PURCHASES WINE PURCHASES UQUORIWINE/BEER PURCHASES UQUORIWINE PURCHASES WINE PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $241.60 108.00 451.90 12,133.61 936.11 404.10 75.00 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR DEC. 15, 1997 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT 22069 ADAI1' S PEST CONTf~:OL, INC PEST CONTFmL 22070 EARL F. ANDERSEN. INC. SIGNS 22071 BOYER TRUCK PARTS EQUIP MAINT 22072 CHAMPION AUTO STORE W344 SUPPLIES 22073 CHILLICOTHE TELEPHONE HEADSET 22074 COMPUSA DIRECT COMPUTER SERVER MUN BLDG TRAF CON CITY GAR CITY GAR GEN GOVT 11UN BLDG 22075 DAVE PERKINS CONTRACTING PAY VOUCHER W9-FINAL PMT -------- .76 E-Z RECYCLING INC. NOV F.:ECYCLING CONTRACT F-:ECYCLIN 22077 FEED-RITE CONTROLS, INC. CONTAINER RENTAL WATER DE 22078 FINA FLEET FUELING FUEL UNIFORMS CITY GAR 22079 G & K SERVICES CI TY GAF< 22080 HAMLINE UNIVERSITY REGISTRATION-J. HURM '98 ADMIN 22081 HENNEPIN COUNTY TREASURER POSTAL VERIFICATIONS 22082 HOPKINS PARTS COMPANY EQUIP 1"1AINT 22083 JAY BROTHERS. INC. SHADY ISLAND BRIDGE-PV3 .084 KUSTOI-l SIGNALS, INC 22085 LAKELAND ENG EQUIP CO EQUIP 11AINT AMESBURY WELL SUPPLIES 22086 LIFE AND SAFETY II'1/H 1ST AID KI T 22087 MAC WAREHOUSE MACLAN PRO-PACK 22088 MEDTOX LABORATORIES RANDOM DRUG TEST 22089 METRO SALES. INC. INK 22090 OFFICE DEPOT OFFICE SUPPLIES 22091 MINNCOMM PAGING PAGER 22092 MN SUN PUBLICATIONS LEGAL ADS LEGAL ADS-65526 SKATING RINK AD-62731 *** TOTAL FOR MN SUN PUBLICATIONS 22093 MINNEGASCO UTILITIES UT ILl TIES Page 3 GEN GOVT CITY GAR CITY GAR WATER DE PARKS & MUN BLDG GEN GOVT GEN GOVT CITY GAR 60.17 168.70 12~1. 26 J.8.56 69.65 l,566.6l 1.068.93 4,255.0() 15.00 458.53 36l.27 654.00 131.52 68.04 50.302.65 19.55 439.27 53.68 703.00 46.00 140.58 356.02 8 dU' . ,t 80.40 FINANCE 202.00 PARKS & 130.20 412.60 . WATER DE (.IIATER DE 166.78 739.28 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR DEC. 15, 1997 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT UT IL.l TIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES *** TOTAL FOR MINNEGASCO 22094 MINNETONKA-CITY OF WATER PURCHASE 9-11/97 22095 MINNETONKA COUNTRY CLUB APPRECIATION PARTY .2'~096 WM. MUELLER & SONS, ;;.:;;.:* H..JC. BLACKTOP SAND TOTAL FOR WM. MUELLER. & SONS, 22097 NAVARRE TRUE VALUE WARMING HOUSE SUPPLIES SLDG f.lr~INT *** TOTAL FOR NAVARRE TRUE VALUE 22098 ORR,SCHELEN,MAYERON/ASSOC OCT GEN ENG OCT GEN ENG OCT 1,^IfHEF.; ENG OCT ENG-SADGER FIELD . OCT ENG-SR cn:.; OCT ENG-SHADY ISLAND SRD OCT ENG-SLDRISADGER OCT ENG-SO LINK *** TOTAL FOR ORR,SCHELEN,MAYERONI .99 POTTS, KENNETH N. NOV PROSECUTIONS 2210() PROSTAFF TEMP HELP 22101 RED WING'S MOBIL SERVICE EQUIP MAINT 22102 RIVER VALLEY AUTO PARTS EQUIP MAINT 22103 SCANTFWN EQUIP MAINT CONTRACT EQUIP MAINT CONTRACT EQUIP MAINT CONTRACT *** TOTAL FOR SCANTRON L I QUOF< ',A,IATER DE CITY GAR PARKS & f"IUN SLDG LIQUOR L I QUOf.; WATEr:.: DE COUNCIL 137.95 253.72 1,210.64- 109.66 296.71 106.13 88.32 687.91 64.86 2,031.55 STREETS . 205. l.1 SNOW & I .1,100.83 1,306.54 PARKS & 11.56 CITY GAR 74.54 86.10 sn:':EETS I,^!ATEF.; DE 5.15.15 255.00 212.50 580.95 1,514.38 8,991.96 671.10 340. ()O PROF SER 13,081.04 1,508.33 GEN GOVT CITY GAR CI TY GiAR 79C'.50 24.50 .107.59 FINANCE 709.00 WATER DE 354.50 SEWER DE 354.50 1,418.00 22104 SATELLITE SHELTERS, INC WARM HOUSE RENT-CATHCART PARKS & 22105 SUPERAMERICA FUEL 22.106 TIGHTROPE CLEAN WATER TOWER 22107 TIME SAVER OFF SITE SEC COUNCIL MTG MINUTES PLAN COMM MTG MINUTES *** TOTAL FOR TIME SAVER OFF SITE 22108 TOLL GAS & WELDING EQUIP MAHH b. CITY GAR \A,'ATER DE i- I 758.24 221.89 I 3,480.00 GEN GOVT 450.15 PLANNING 325.00 T/S.?S. CITY GAR 60.00 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR DEC. 15. 1997 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- -----------.------------- -------- ----------- 22109 TONKA AUTO AND BODY SUPP EQUIP MAINT CITY GAR 16.56 22110 TSP/EOS SR eTR CONSULTING-BOND -------- 14.324.71 22111 TWIN CITY WATER CLINIC WATER TESTING 20.00 WATER DE 22112 UNIVERSITY OF MINNESOTA SEWAGE WKSP-PAZANDAK. J. PROT INS 165.00 22113 WATERPRO METER CURB STOP LIDS *** TOTAL FOR WATERPRO 22114 WSB AND ASSOCIATES . CONSTRUCTION OBSERVATION CONSTRUCTION OBSERVATION CONSTRUCTION OBSERVATION CONSTRUCTION OBSERVATION CONSTRUCTION OBSERVATION FOR WSB AND ASSOCIATES *** TOTAL *** TOTAL CHECKS FOR APPROVAL *** TOTAL CHECK APPROVAL LIST . Page 5 WATER DE 195.10 WATER DE 352.85 547.95 STREETS SEWER DE 3.535.00 858.50 50.50 176.75 50.50 4.671.25 107.661.39 355,486.47 C H E C K R E G I t" T E R ;;) CHECK CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUI"IBER At"!OUN T Cm"l 1" ()9 97 110 CONNIE D. BASTYR 212430 49.44 CO!"1 12 09 9l 115 LAtlo}RENCE A. BFWI,...IN 212431 1432.48 Cm"l 12 09 q'" 150 HEATHER A. BLECHTA 212432 34.6'::;. , I CO!"1 12 09 q'" 325 ANGELA M. COLE 212433 355.39 , I CO...1 12 09 97 500 CHARLES ,., DAV'I S 212434 ll2.58 ;;). COM 12 09 9l l15 JAi"IES C. EAKINS 212435 lll.60 COM 12 09 9l 1115 KORTNIE M. HANSEN 212436 49.52 COM 12 09 9l 1190 KATHLEEN A. HEBERT 21243l ' '1 '7 '" bo_. , ~ COM 12 09 q'" 1400 PATRICIA R. HELGESEN 212438 554.85 , I COrl 1'" 09 9l 1430 KELLY 1"1- HENTGES 212439 l3.63' .L. cm"! 12 09 9l 1550 JAMES C. HURI'i 212440 2149.55 COi"1 12 09 9l 1575 TROY M. IVES 212441 22.62 COM 12 ell:} 9l 1601 BRI AN D. JAKEL 212442 109.10 cm"! 12 ('q q'" 16/5 UROS JELICIC 212443 213.53 ,) , , I COM 12 09 q'" llOO JEFFREY A. JENSEN 212444 900. lS , I . COi"1 12 09 9l 1800 DENNIS D. JOHNSON 212445 886.22 COM 12 09 9l 2100 WILLIAM F. JOSEPHSON 212446 632.94 cm"l l'~> 09 9l 2500 SUSAN M. LATTERNER 21244/ 642.68 .- cm"l 12 09 9l 2800 JOSEPH P. LUGo\lo}SKI 212448 854.28 COrl 12 09 9/ 2805 JASON R. LUND 212449 3.19.42 cm"! 12 Cl9 9/ 2900 RUSSELL R. MAR~:ON 212450. 32.35 cm"! 12 09 9l 3000 THERESA L. NAAB 212451 601.58 COt"1 12 C'9 q'" 3100 LAtlo}RENCE A. NICCUM 212452 1124.40 , I COrl 12 09 q'" 3400 BRADLEY J. NIELSEN 212453 8l2.89 , I cm"! 12 09 9/ 3435 ANDREW C. OTTEN 212454 99.01 COM 12 09 9l 3500 JOSEPH E. PAZANDAK 212455 1085.65 cm"! 12 09 q'" 3580 CHRISTOPHER J. POUNDER 212456 855.61 , ,I COM 12 09 9l 3600 DANIEL J. f~ANDALL 21245/ ...!I....O ....;.. ~b,l.._O cm"! 12 09 9l 3701 BRIAN 11. ROERICK 212458 115. l2 COM 12 09 q'" 3800 ALAN J. ROLEK 212459 1].42. ()3 , I COM 12 ()9 9l 3815 MICHAEL J. RUFFENACH 212460 344 ;'28 . COrl 12 09 9l 3850 TANYA M. SCHIERMAN 212461 81.04 'COM 12 09 9l 3900 CHRISTOPHER E. SCHMID 212462 448.44 COM 12 09 9l 3910 R CONRAD SCHMID 212463 l2.03 COM 12 09 9'7 4050 BERNARD J. SCHNURR 212464 152.35 COM 12 09 9l 4200 BRENDA L. SMITH 212465 200.91 COM 12 09 Q'" 4575 REBECCA A. TARVIN 212466 180.35 , I COM 12 09 97 4577 PAMELA J. HELLING 21246l 209.06 COM 12. 09 q'" 4750 RALPH A. .WEHLE 212468 680. l5 , l ::IC::/CX:lCTO TALS:lC::ICX:lC 20598.65 Page 6