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CITY COUNCIL REGULAR MEETING
CITY OF SHOREWOOD
MONDAY, OCTOBER 28, 1996
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Stover
Benson
Shaw
McCarty
Mayor Bean
2 . APPROVAL OF MINUTES
City Council Regular Meeting Minutes October 14, 1996
(Att.-#2 Minutes)
3 .
CONSENT AGENDA - Motion to approve
Consent Agenda & Adopt Resolutions
items on
Therein:
A. A Motion to Approve Job Descriptions for
Secretarial & Part Time Clerical Positions (Att.-
#3A Proposed Job Descriptions)
B. A Motion to Authorize an Appointment of a Light
Equipment Operator (Att.-#3B Engineer's Memorandum)
C. A Motion to Authorize an Appointment of a Secretary
(Att.-#3C Staff Memorandum)
D. A Motion to Approve a Revised Contract for Desk Top
Publishing Services (Att.-#3D Proposed Agreement)
E. AMotion to Approve a Contract for Janitorial
Services (Att.-#3E Proposed Agreement)
F. A.Motion to Adopt a Resolution Making an
Appointment to the Park Foundation (Att.-#3F
Proposed Resolution)
G. A Motion to Adopt a Resolution Granting Approval of
the Final Plat of Woodside Second Addition (Att.-
#3G Proposed Resolution)
4 . MATTERS FROM THE FLOOR (Presentations are limited
to 3 minutes. No Council action will be taken.)
5 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING THE. SALE OF $ 860, 000 G. 0 . WATER REVENUE
BONDS, SERIES 1996A (Att.-#5 Proposed Resolution)
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CJ:TY COUNCJ:L AGENDA - OCTOBER 28, :1.996'
PAGE 2 OF 3
6 .
PLANNJ:NG
Report by Representati ve
A. A Motion to Adopt a Resolution Approving the
Concept and Development Stage Plans - Watten Ponds
P.U.D. (Att.-#6A Proposed Resolution)
Applicant: Abingdon Development Corp.
Location: 5370 & 5340 Eureka Road
B. A Motion to Direct Staff to Prepare Findings of
Fact Regarding Conditional Use Permit for Accessory
Space Over 1,200 Square Feet (Att.-#6B Planner's
Memorandum)
Applicant: Allan Larson
Location: 4320 Dellwood Lane
C. A Motion to Direct Staff to Prepare Findings of
Fact Regarding Conditional Use Permit to Co-locate
Personal Communications Services Antennas on
Shorewood Water Tower (Att.-#6C Planner's
Memorandum)
Applicant: SBA, Inc. (representing Sprint
Spectrum L. P . )
Location: 5500 Old Market Road
D. A Motion to Direct Staff to Prepare Findings of
Fact Regarding Appeal Interpretation of City Code
Regarding Non-conforming Docks (Att.-#6D Planner's
Memorandum)
Applicant: James Cabalka
Location: 58XX Christmas Lake Road
7 . CONSJ:DERATJ:ON OF MOTJ:ONS REGARDJ:NG PROPERTY
LOCATED AT 25565 SMJ:THTOWN ROAD
A. A Motion Regarding Safety Concerns Related to
Abandoned Property
B. A Motion Regarding Request to Abate" Charges Levied
8 . CONSJ:DERATJ:ON OF A REQUEST BY CJ:TJ:ZENS FOR A
BETTER ENVJ:ROmlENT TO AMEND ORDJ:NANCE 308
TRANSIENT MERCHANTS, SOLJ:CJ:TORS, PEDDLERS,
CANVASSERS AND GARAGE SALES (Att. -#8 Letter of
Request)
9 . CONSJ:DERATJ:ON OF A MOT I: ON TO ACCEPT A PETJ:TJ:ON '1'0
CHANGE EUREKA WAY. TO REU'l'J:HAN LANE (A t t . - # 9
Petition)
:1. o. CONSJ:DERATJ:ON OF" A MOTJ:ON AUTHORJ:ZJ:NG ACQUJ:SJ:'1'J:ON
OF A SNOWMOBJ:LE (Att.-#10 Administrator's Memorandum)
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
Executive Summary
Shorewood City Council Meeting
Monday, October 28, 1996
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Agenda Item 3A: In our ongoing efforts to keep job descriptions revised, enclosed are updated job
descriptions for the secretary position and part time clerical position. Action would be a motion to accept
. . these two job descriptions.
Agenda Item 3B: This action would be a motion appointing Chris Pounder to a Light Equipment Operator
position, subject to completion of all requirements. As described earlier, it is important to fill the position
now, before the winter season begins.
Agenda Item 3C: This action is a motion to authorize the appointment of Wendy Anderson to the open
secretary position. The same thorough process of hiring was completed for this position as was done for
the Light Equipment Operator position. The motion should include the recommending starting hourly rate
for this position of $11.42 (Step 3 on the salary chart).
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Agenda Item 3D: This is the same basic contract for desk top publishing services as approved several
months ago with the exception that it is with Connie Bastyr and that City equipment may be used. This is
only for newsletter design purposes.
Agenda Item 3E: After having completed a request for proposals process for City Hall janitorial services,
staff is recommending a contract with Drew Kriesel, 5400 Howards Point Road. The action would be to
authorize the agreement for services as presented in the packet.
Agenda Item 3F: Diane Anderson, who has been the Tonka United Soccer Association's representative on
the Shorewood Parks Foundation for several years has submitted her resignation. The Association is
recommending the appointment of Missy Carbonneau. She will fulfill the term of Diane, which is to expire
in March of 1998.
Agenda Item 3G: The Planning Director recommends approval of a two lot final plat called Woodside
Second Addition located on Woodside Road. A simple majority vote is required for approval.
Agenda Item 5: This resolution would approve the sale of $860,000 in General Obligation Water Revenue
Bonds for the 1996 water projects. It is important to note that the City has been able to maintain its A-I
bond rating.
Agenda Item 6A: Having received a recommendation from the Planning Commission for Concept and
Development Stage plan approval and approval of wetland and drainage plans from the Watershed District,
Abingdon Development returns to the City Council with a proposal to develop 10 lots on the west side of
Eureka Road, just north of Valleywood Lane. Since the Council's earlier direction to the Planning
Commission was to process the request as a P.D.D. zoning district, a second public hearing was held by
the City Council at its meeting of 14 October 1996. Staff and the Planning Commission have recommended
a number of conditions which go beyond traditional zoning requirements.
A Residential Community on Lake Minnetonka's South Shore
Executive Summary - Council Agenda October 28, 1996
Page 2 of 2
Additional conditions were discussed at the meeting on 14 October. After the public hearing, the
Council directed staff to prepare a findings of fact approving the request. Adoption of the
resolution requires a four-fifths vote.
Agenda Item 6B: Allan Larson requests a conditional use permit to build a detached gazebo on his
property which brings the total amount of accessory space at 4320 Dellwood Lane to over 1200
square feet. The Planning Commission agreed with the Planning Director's recommendation to
approve the C. U.P. The motion is to direct staff to prepare findings of fact which will require a
four-fifths vote for approval
Agenda Item 6C: SBA, Inc., on behalf of Sprint Sectrum, has requested a conditional use permit to
erect personal communication service (PCS) antennas on the Southeast Area Water tower. As you
are aware. AT&T already has antennas on the tower, plus an equipment building at the base of the
tower. Sprint also proposes an enclosure at the base of the tower, but no building is required. The
antennas being proposed are all located on the stern of the tower. After no residents spoke at the .
public hearing on this matter, the Planning Commission voted unanimously to recommend
approval of the C.U.P., subject to conditions proposed by City Staff. One of those conditions is
to draft a lease agreement between the City and Sprint. If agreeable to the Council the Council
should direct staff to prepare a resolution, including findings of fact and a draft lease agreement.
Additional information relative to going rates for lease agreements will be supplied to the Council
with the draft agreement. Approval of the C.U.P. requires a four-fifths vote of the Council.
Agenda Item 6D: After considerable testimony from area residents, the Planning Commission
found that there is insufficient evidence to support a claim by James Cabalka that docks located on
his vacant lot on Christmas Lake have been there long enough to be "grandfathered in". The
Commission voted unanimously to recommend denial of Mr. Cabalka's appeal to keep the docks
on an unbuildable parcel of land.
Agenda Item 7: This is the Naomi Carlson request for a refund of sump pump charges and legal
fees, which the Council has asked to be placed on this agenda. Brad Nielsen will give a verbal
report at the meeting as to the current safety status of the property.
Agenda Item 8: A group called Citizens for a Better Environment with its headquarters in Chicago
and a local office in Minneapolis is asking that we change our solicitors' ordinance to allow them to
go door to door in the City of Shorewood until 9:00 p.m. The current ordinance allows no
solicitation after sunset. Please review the material in the packet. The City Attorney will give a
summary report at the meeting.
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Agenda Item 9: This is a petition to change the name of Eureka Way to Reutiman Lane. The
Council should accept the petition but no one from Eureka Way has been notified to get input
regarding the proposed change. Therefore, we recommend that any decision be delayed to another
meeting.
Agenda Item 10: The City staff continues to research options on acquiring a snowmobile for this
winter so that the Police Department can enforce our snowmobile ordinance. We ask that the
Council discuss and consider authorizing the acquisition of a snowmobile from the Equipment
Replacement Fund for enforcement purposes.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 14, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1.
CONVENE CITY COUNCIL MEETING
DRAFT
Mayor Bean called the meeting to order at 7:31 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen;
Finance Director AI Rolek and Engineer Larry Brown.
.
B.
Review Agenda
Stover moved, Shaw seconded to approve the agenda for October 14, 1996. Motion passed
5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes September 23, 1996
McCarty moved, Benson seconded to approve the City Council Regular Meeting Minutes
of September 23, 1996, as amended on Page 2, Item No.4, Paragraph 1, Sentence 6,
change to read, "and hazards created for children while walking and biking to schoo!."
Motion passed 5/0.
.
B.
City Council Work Session Meeting Minutes September 30, 1996
Shaw moved, McCarty seconded to approve the City Council Work Session Meeting
Minutes of September 30, 1996 as submitted. Motion passed 4/0. Benson abstained.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for October 14, 1996.
McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to
adopt the Resolutions therein:
A. A Motion Adopting RESOLUTION NO. 96-90, "A Resolution Approving a
Lot Combination and Resubdivision for Mark Sass, Lots 10, 11, 12; Block
11; Minnewashta Manor."
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 2
B. A Motion to Approve a Contract for Services with Abdo, Abdo and Eick to
Audit Financial Statements for the Year Ended December 31, 1996.
C. A Motion to Approve the LMCIT Excess Liability Coverage and to Not
Waive the Monetary Limits.
D. A Motion Adopting RESOLUTION NO. 96-91, "A Resolution Amending
Public Hearing Dates and Times for Watermain Assessments for Project
Nos. 95-14, 95-15 & 95-16."
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Kate Lynch Bix, 25545 Orchard Circle, inquired as to the schedule for rebroadcast of the City .
Council Meetings and pointed out a consistent schedule has not been followed. Mayor Bean
stated the Cable Commission sets the schedule which is displayed on Channel 8 with the
meetings being rebroadcast at various times. Ms. Bix further noted Maple Plain broadcasts
Planning Commission meetings and she commented she appreciated this idea.
Chuck Cochran, 5915 Strawberry Lane, presented signed petitions to Mayor Bean in opposition
to the bike path. Mr. Cochran stated he has not heard any compelling arguments in support of a
bike path and that most of the residents with whom he has spoken have been opposed to this
idea. Mayor Bean noted the petitions would be submitted into the official record of the Council.
In addition, he pointed out 120 signatures had been previously received by way of petition in
favor of the bike trail. Mayor Bean stated the petitions would be referred to the Park
Commission as was done with the previous petitions which were submitted in support of the
path.
Scott Zerby, 5680 Christopher Road, presented an additional 53 signatures, for a total of 238 .
signatures, of residents supporting an off street trail. Mr. Zerby noted this to be a safety issue
relative to Smithtown Road rather than a trail issue.
Tom Richter, 25340 Smithtown Road, stated he is anxious to see the survey results with respect
to the trail. Mr. Richter suggested property owners donate 17 feet of their property for the
construction of the trail, stating that if the trail were built, he would use it.
5 . PARKS - Report by Representative
Dan puzak reported on the September 24, 1996, meeting of the Park Commission (as detailed in
the minutes of that meeting).
6. PLANNING - Report by Representative
REGULAR CITY COUNCIL MINUTES
OCTOBER 14,1996 - PAGE 3
This item was not addressed.
7. 7:45 P.M. PUBliC HEARING - REZONING FROM R-IA TO PLANNED UNIT
DEVELOPlVIENT (P.U.D.) FOR WATTEN PONDS CONCEPT AND
DEVELOPlVIENT STAGE PLANS - 5370 & 5340 EUREKA ROAD
A Motion to Direct Staff to Prepare Findings of Fact Regarding Watten Ponds
P.U.D.
Charles Dillerud appeared on behalf of the Dahlstrom Abingdon Partnership to address the
Council. He pointed out the City has spent a vast amount of time reviewing and considering the
request of the applicant. Mr. Dillerud spoke with respect to the developer's perspective and
how it relates to the P.U.D. District and the Comprehensive Plan.
.
Mr. Dillerud explained a number of the things the Planning Commission asked the developer to
address were at the behest of members of the public who spoke at the various public hearings.
Mr. Dillerud displayed a copy of the Shorewood Comprehensive Plan Land Use Map which
designates the subject area as low density residential, one to two units per acre. He pointed out
this site could be developed at a maximum of 18.85 units. Mr. Dillerud stated this was not the
proposal since 18.85 units would not fit this site.
Mr. Dillerud pointed out the Comprehensive Plan provides this site is planned for one to two
units per acre when zoned R-I C. The R-I C zoning exists to the north, east and south. The
Comprehensive Plan provides for a change in the zoning district map to R-IC with a highlight
that it be recommended for Planned Unit Development due to wetland configurations.
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Mr. Dillerud compared the lot sizes of the subject development with those of adjoining
neighborhoods. In addition, he stated the Planning Commission required the developer to address
the issues of custom grading oflots, specific tree preservation, roadway alterations, density, and
NURP pond location.
Mayor Bean opened the public hearing at 8:58 p.m.
Jim Marshall, 5320 Eureka Road, addressed the Council noting he has known Mr. Watten for
many years and was aware of the plans Mr. Watten originally had for the property. Mr.
Marshall expressed surprise at the plans which Mr. Watten has for the property at this time
stating he feels there are too many homes planned for this site. . Mr. Marshall wishes to
cooperate with the builder and discuss the mutual lot line and other aesthetics in the area. He
inquired how the Council will protect the trees and wetlands from future owners.
Renae Dussault, 26365 Noble Road, commented on development which took place on Noble
Road which resulted in large homes on very small lots. He did not feel there was any benefit to
the neighborhood. Mr. Dussault asked when tree preservation would be addressed on Noble
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 4
Road and noted to date there has not been any tree replacement. He stated he is not interested in
a P. D.D. or its benefits.
Greg Larson appeared on behalf of the Eureka Neighborhood Association, and stated the
Association has numerous concerns regarding this project. Mr. Larson stated the opposition to
the plan is not directed personally to the Wattens or the developer. He requested the
development be completed under current zoning with a one acre lot size. He stated the City and
the developer should prove to the residents this development is beneficial. Mr. Larson stated the
Association respects the property rights of the developer, however, he felt it would not be
unreasonable to expect the developer to abide by the same regulations the present property
owners are required to follow.
Mr. Larson stated he is opposed to the way P.D.D.'s are used and encouraged by the City. The
Association is opposed to the lot size and the setbacks which are a part of the plan. They feel
the large houses planned for the small lots changes the character of the neighborhood. Mr. Larson .
displayed a diagram of the Association's view of an acceptable P.D.D. which showed clustering
of the lots. Mr. Larson displayed another diagram depicting the setbacks from the wetlands.
Mr. Larson commented the property had been purchased with the full knowledge of the wetlands
and the wetland regulations and stated the developer should not be granted special considerations
or compensation. It was his belief the developer is in favor of a P.D.D. since it is considerably
more profitable than traditional zoning.
Mr. Larson presented a diagram of a proposed project zoned R-IA. He pointed out the Planning
Commission was in favor of the P.D.D. because it gives the City additional controls. Mr. Larson
commented that legally and ethically, the City needs to explain how the P.D.D. preserves and
enhances the present site characteristics and how it creates a more desirable environment.
Mr. Larson displayed the criteria for granting a variance stating the developer was not required to
meet these criteria even though Shorewood property owners would be required to meet the same .
criteria in requesting a variance to exceed the lot setbacks. He felt the P.D.D. is a special deal for
the developer.
Mayor Bean recessed the meeting at 9:24 p.m. and reconvened at 9:34 p.m.
Mr. Larson gave a slide presentation and commented the Planning Commission noted one of the
benefits of a P.D.D. is the ability to protect trees. He showed slides of the Heritage development
and stated the City justified the P.D.D., which justified the reduced lot sizes, based on promises
to make this site better. Mr. Larson pointed out the P.D.D. at Heritage was for wetland
protection, however erosion control barriers have not been maintained. The P.D.D. provided for
the protection of wetlands in exchange for smaller lots and reduced setbacks. With respect to
Heritage, Mr. Larson noted wetlands had become playgrounds and lawns.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 5
Mr. Larson showed slides of Gideon Woods and commented he felt it needed special protection
due to the span of mature maple and basswood forest on the site. In addition, there is a home of
state historical significance in addition to Indian burial grounds.
Mr. Larson commented that three years ago comments were made at the Planning Commission
that white pine and spruce trees no less than six feet would be used to create a buffer around
County Road 19. In addition, apple trees and fruit trees would be planted around the relocated
Gideon home, however, these plantings have not been accomplished. Mr. Larson was skeptical
of the City's ability to save 87 percent of the trees on the Watten property.
In closing, Mr. Larson expressed his opinion Mayor Bean had been extremely fair in allowing the
public to express their feelings on this matter.
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Duncan Storlie, 5375 Eureka Road, stated on behalf of the Neighborhood Association that no one
has ever had a personal vendetta against the developer or the Wattens. He noted the Wattens to
have been gracious neighbors over the years. Mr. Storlie expressed his opinion the project is
oversized and changes the character of Shorewood. He felt the Planning Commission should have
required a development zoned R-1A and could have compared this to a P.D.D. Mr. Storlie felt a
P.U.D. was the worst possible plan. He felt the Planning Commission, City Council and City
Staff had failed in allowing this P.U.D.
Mr. Storlie commented other options are available to the Wattens such as selling the property, a
smaller development with more expensive homes or mote expensive lots. Mr. Storlie felt this
plan was developed to allow for larger profits for the Wattens and the developer. He stated it is
the responsibility of the Planning Commission and the City Council to protect the community
from a development which is destructive and changes the character of the city.
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Mr. Storlie felt this development had cost him a considerable amount of money for water which
has been put in because of the development. He noted his property taxes will also increase as a
result of the development. Mr. Storlie did not feel he would receive any benefits from this
development.
Jerry O'Neill, 25540 Nelsine Drive, presented a handout listing his calculation of the various lot
sizes. He felt the neighborhood had progressed and as time goes on, the lot sizes have become
larger. Mr. O'Neill pointed out the majority of the neighborhood has larger lot sizes.
Pat Larson, 25535 Orchard Circle, stated the City Comprehensive.Plan reflects density and lot
sizes shall be the primary consideration in review of development requests. She stated previous
discussions of lot sizes have always evolved around averages or means. Ms. Larson consulted
with a statistician from the University and pointed out the appropriate way to discuss this
would be as median. It is the correct statistic to use when numbers are skewed by one large
value, such as Lot No.7. Ms. Larson felt the property should be developed under current zoning
requirements and noted the Comprehensive Plan states a P.D.D. must preserve natural features.
She stated the wetland and tree preservation ordinances could be enforced without the use of a
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 6
P.D.D. Ms. Larson commented that a P.D.D. gives away 10 percent in density to the developer
and does not consider the lot size.
Clay Atkins, 5735 Brentridge Drive, felt there could be better communication and that some
brilliant presentations had been made. He stated green strips, clustered housing and protecting
nature are more important than property owners opposing this development for their own back
yard.
Don Willis, 24835 Yellowstone Trail, stated he felt that Mayor Bean, the City Council, City
Staff and the Planning Commission are arrogant. He did not feel it was uncommon for developers
to be very nice in many ways to governance people particularly in small municipalities. Mr.
Willis felt the developer had offered incentives. In addition, Mr. Willis felt Planning
Commissioner Rosenberger was arrogant in letters he had written relative to subsidized housing
on Eureka Road.
Kate Lynch Bix, 25545 Orchard Circle, noted from minutes of the Watershed District meeting
that the Watershed District had directed the pond to be excavated in an existing wetland. A
sedimentation basin would be put in a Class I wetland which is shallow, thaws out first at the
end of the winter, and it provides the first accessible water and nutrients to migratory birds and
other creatures. It serves a very valuable purpose in the ecosystem. This is the only wetland on
the development of that class. Ms. Bix stressed this is a sedimentation basin which will collect
and filter all of the urban run-off that will be collected in the street. It will no longer be a wetland
because of the pollutants which will exist. Ms. Bix further noted the Watershed District will be
requiring a signed storm water facilities maintenance agreement from the City to take care of the
sedimentation basin.
Ms. Bix pointed out in their recommendations, the Watershed District placed conditions on the
permit that activities including, but not limited to mowing, yard waste, and fertilizer application
shall not occur within the wetland buffer zones.
Ms. Bix requested the restriction of the activities in the wetland buffer zone be noted in the deed
to the property so that when people purchase a property, there will not be any surprises. She
stated the managers of the Watershed District did not agree about destroying the wetland,
however, upon further recommendation, the motion passed because it met the guidelines.-
Kathy Thulen, 26390 Noble Road, cautioned if the development is approved, it will not stop
there, rather development will continue:
Judy Englund, 25555 Orchard Circle, recommended that homes of 1,000 square feet or less be
built on the east side of the property which would be consistent with homes adjacent to the
property. She further commented on the issue of the loss of the wetland noting she had
completed a thesis on mitigation which shows mitigation is not successful. Ms. Englund felt the
wetland needs to be enhanced and requested the mitigation policy be addressed.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14,1996 - PAGE 7
With respect to tree preservation, Ms. Englund stated clumps of trees must be taken into
consideration. She also pointed out that shrubs must also be taken into consideration along with
tree preservation. Ms. Englund inquired if 78 trees are planned to replace the 52 which are lost,
what type of trees are going to be used for the replacement.
Jerry Bix, 25545 Orchard Circle, stated only the developer had spoken in favor of this
development, however, a number of the Council's constituents have spoken against the
development. Mr. Bix felt more thought should be given to this issue before making a decision.
Carol Grones, 5535 Sylvan Lane, commented on the birds in their yard, and expressed her
opinion that new homes, nature and trees do go together and if the development is thought
through, it could work for everyone involved.
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Hearing no further public testimony, Mayor Bean closed the public hearing at 10:28 p.m. Mayor
Bean recessed the meeting at 10:28 p.m. and reconvened at 10:39 p.m.
Mayor Bean inquired if the zoning map had been inconsistent with the Comprehensive Plan since
1981. Planning Director Nielsen clarified that it hadn't been, however, with respect to the
Comprehensive Plan, the Planning Commission recommended in areas where the zoning and the
Comprehensive Plan do not match, the zoning should become consistent with the Comprehensive
Plan.
Mayor Bean asked in the event of a conflict between the Comprehensive Plan and the zoning
map, would the Comprehensive Plan be the guiding document. Attorney Keane noted the
distinction is that the Comprehensive Plan is the broad policy document that is to guide land use
decisions and the zoning ordinance is an implementation device of that policy document and the
implementation device should follow the policies in the Comprehensive Plan.
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Mayor Bean pointed out, having been a member of the Planning Commission in the past, that the
Comprehensive Plan was looked to from a guidance standpoint. In addition, Mayor Bean
pointed out if nothing was done in terms of a P.D.D., assuming the Wattens sold the property in
one acre pieces, the overall impact to the area would be a difference of four or five homes.
. Mayor Bean noted many people commented they were not against the development, but were
opposed to the number of homes being proposed for this property.
In terms of Mr. Larson's presentation with respect to benefits of a P.D.D. to the City, Mayor
Bean asked Mr. Dillerud to address the issue of how quickly reforestation would take place in
contrast to the Noble Road development. Mr. Dillerud pointed out with regard to Noble Road,
the portion most recently put in, the extension from the cul-de-sac to Edgewood is an Abingdon
project, however the second piece which went in was not Abingdon and was done under a
different set of ordinances with no tree preservation policy in place.
Mr. Dillerud pointed out when Heritage was completed, there was no reforestation policy in
place. He further pointed out the current tree preservation policy of Shorewood is different than
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 8
that which was applied to Heritage. Mr. Dillerud noted the tree preservation policy was not
violated in the P.D.D. plan.
Mr. Dillerud commented when the City and the developer reach an agreement, a development
contract is executed which could also include requirements with regard to tree preservation.
Generally this would provide the work be completed within one year. He noted other
municipalities require the developer produce a Letter of Credit or a one year guarantee as to the
survivability of the planting. Mr. Dillerud stated Heritage and Gideon Ponds are not comparable
to Watten Ponds since a tree preservation policy was not in effect at that time.
Mayor Bean asked Mr. Dillerud to comment on how the developer would do a better job relative
to issues such as erosion control. Mr. Dillerud stated he would not feel comfortable commenting
on the slides shown by Mr. Larson without first visiting the specific areas in person. With
respect to any potential silt fence policy violation, Planning Director Nielsen had suggested the
developer provide an escrow account which would allow the City to either order Public Works to .
correct the situation or hire a contractor to correct the situation and bill the developer directly. If
the developer does not pay the bill, the payment could be withdrawn from the escrow account.
Mayor Bean inquired if Mr. Dillerud could identify a time frame in which the project would be
completed. Mr. Dillerud felt it would be reasonable to expect the project to be completed in one
year. In addition, Mayor Bean asked if it would be reasonable to expect the homes going in to be
comparable to the Heritage or Noble developments. Mr. Dillerud stated at this time the style of
home had not been considered, however, the houses could very well be to the scale of the homes
in the Heritage development.
With respect to the 87 percent of trees which would be preserved, Mayor Bean inquired what
the 87 percent relates to. Planning Director Nielsen stated that figure relates to those trees over 8
inches in diameter or coniferous over 12 feet in height. The 13 percent which are lost are due to
houses, streets and utilities. Mayor Bean further inquired what type of trees would be used for .
replacement. Nielsen stated a recommendation was made to landscape and buffer the new
development from Mr. Marshall's property. The trees lost by virtue of the development would
be replaced on a lot by lot basis.
Mayor Bean asked Mr. Dillerud if it would be acceptable, in terms of the style or design of yard
landscaping, to limit the amount of grass area, leaving some yards in a wild state or clearing the
underbrush and putting in a sod yard which might mitigate some of the underbrush loss. Mr.
Dillerud responded to the extent the developer is not in the buffer zone in the rear of the homes,
measures could be taken to preclude this even further than the wetland buffer, possibly through a
conservation easement.
Mayor Bean noted one area of conflict to be the issue of smaller houses and asked Mr. Larson for
any suggestions as to what could be done to limit the size of the homes. Mr. Larson did not feel
the size of the homes could or should be limited, however, he felt certain size lots would be more
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 9
appropriate. He stated his belief one or two acre lots would be more appropriate for the size of
the homes being considered.
Mayor Bean clarified there is a restriction against the dumping of yard waste into the wetland
area. He noted the outlots had been defmed not as an extension of the existing lot, but that it is
actually identified as an outlot which is deeded to the City so the City has enforcement ability
over anyone using the wetland.
Mayor Bean further pointed out that the Comprehensive Plan has existed for a number of years
and that a P.U.D. where the City actually enters into a development agreement in which the city
is a party and which is recorded against the property, provides the City with better control over
that process than allowing the property to be developed on a piecemeal basis. Mayor Bean felt a
P.U.D. is worthwhile because of the requirements imposed with respect to custom grading,
conservation easement and wetland conservation as well as the ability to limit accessory space.
.
Councilmember McCarty asked for more insight into the ponding issue by the Watershed
District. Woody Love addressed the Council stating he is a board member of the Watershed
District, however, he was not appearing in that capacity. Mr. Love related that it was actually a
motion to call the question which was defeated. He noted the wetland issue had been considered
by the Watershed District on two occasions, the second time because of the concerns raised by
the Planning Commission.
Mayor Bean inquired if the Watershed District felt confident this would be a successful
mitigation. Mr. Love affirmed the District expected the mitigation to be successful. He pointed
out the two dissenting votes were due to concerns relative to altering a wetland.
Councilmember Stover asked where the City's responsibility lies in controlling something after a
property owner has moved in. Attorney Keane stated if there are restrictive covenants and a
home owners' association, stipulated requirements could be included or incorporated in the
development agreement which is filed with each parcel.
.
Councilmember Stover noted the deeds in the Waterford development included notations which
the property owners stated in public meetings they had no knowledge of. She also commented
the only way to ensure future enforcement is through a P.U.D.
Councilmember Benson stated he had heard a lot about the project and noted the public
testimony to be insightful. He commented he had observed success with the use of P.U.D.s and
noted them to be a valuable tool. Councilmember Benson felt the Council has listened and
adjusted and responded to the various concerns associated with this project. He stated very
concise points have been made and he has weighed and balanced them.
Benson moved, Stover seconded directing Staff to prepare Findings of Fact approving
Watten Ponds P.U.D., 5370 & 5340 Eureka Road, subject to staff recommendations.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 10
Councilmember Stover felt the proposal had been presented, debated, scrutinized and reviewed
extensively and was done under the Comprehensive Plan and other policies and regulations which
have been established since then.
Mayor Bean opined that a P.D.D. is the best way to develop this site. He felt the Findings of
Fact should provide that each site shall have a custom grading plan and tree preservation plan.
The Council would be looking for restrictions on all property with respect to detached accessory
space including a prohibition of tennis courts and conservation easements across the wetland
buffer zones to preclude any development or any landscaping of any nature into those areas.
Mayor Bean noted he would like to see an exact definition of distance, limiting the development
of lawns which would preserve as much of the natural undergrowth as possible. He felt a control
relative to phosphorous fertilizers should be included.
Mayor Bean recessed the meeting at 11 :48 p.m. and reconvened at 11 :49 p.m.
Motion passed 5/0.
.
Mayor Bean expressed appreciation to the public for their input and the manner in which it was
put forth. In addition, Mayor Bean pointed out he is not on Mr. Dillerud's payroll and there is
nothing in this decision for him. Councilmember Stover felt this could be stated on behalf of all
of the Councilmembers.
8. CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATED AT
25565 SMITHTOWN ROAD
A. A Motion Regarding Safety Concerns Related to Abandoned Property
B. A Motion Regarding Request to Abate Charges Levied
This matter was considered after Attorney Keane's reports. Planning Director Nielsen .
commented he had been informed by Ms. Carlson that the property had been secured with the
exception of one window. She has spoken with NSP and been advised she can turn the utilities
off through a control box which would allow her to turn on the electricity when working on 'the
premises. Mayor Bean asked this be inspected to ensure this has been done.
Benson moved, McCarty seconded to table this matter to the next meeting at the property
owner's request. Motion passed 5/0.
9. CONSIDERATION OF A MOTION REGARDING AN APPEAL TO NOTICE TO
REMOVE
Appellant:
Location:
John Morrissey
5115 St. Albans Bay Road
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 11
Planning Director Nielsen stated the subject property is almost entirely wetland area and the Mr.
Morrissey suggests because it is wetland area that it is exempt from the requirements of Chapter
501 which address hazardous materials and brush. Mr. Morrissey did not appear before the
Council.
Councilmember Stover noted the property owner does not live in Shorewood. She inquired if
Mr. Morrissey owns the property to either side of the wetland. Nielsen noted the records show
him as the fee owner. Councilmember Stover asked if the City would benefit from a wetland
easement. Nielsen noted the easement would need to be purchased.
Stover moved, Shaw seconded accepting the Planning Director's recommendation that
Public Works be directed to clean up the site if the owner fails to do so within 10 days.
Motion passed 5/0.
.
10.
CONSIDERATION OF A MOTION TO ADOPT
AMENDMENT AND SUMMARY ORDINANCE TO
SNOWMOBILES
AN ORDINANCE
SECTION 802
Mayor Bean pointed out one additional potential change to Section 802.02, Subd. 1 (e) which
would be for purposes of allowing snowmobiles in the Freeman Park parking lot on a one time
basis for training. Each occurrence would be by specific resolution.
Councilmember Stover suggested the language reflect "for such other locations and times as
designated by resolution of the City Council for supervised training."
Administrator Hurm noted on Page 3, Subd. 5, the Council might consider clarifying the speed
restrictions. He suggested changing the language to read "on public property within the City"
rather than "on any street or highway."
.
Councilmember Stover noted several people in attendance who may want to comment on the
snowmobile ordinance and asked if public input would be taken. Mayor Bean felt public input
would be appropriate, noting the issues of the LRT, Crescent Beach and Timber Lane access
points remain as open issues which need to be addressed by the Council.
Woody Love, commented that living and working by the trail, he appreciates the effort which has
been put into the ordinance, however, the speed limits have not been anywhere near 20 miles per
hour and there has been no enforcement. Mr. Love stated he would appreciate the Council
considering a sunset provision if the speed limits cannot be enforced this year, that this be the
last year of use on the trail. He noted the speeds tend to be lower on the streets. Mr. Love
stated his belief that the speed limit is unenforceable on the trail.
Mayor Bean noted his agreement and stated he feels the Public Safety Department needs to
realize this is an issue and patrol time needs to be spent on the trail. Mayor Bean also noted his
agreement if this situation cannot be controlled, it should be discontinued.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 12
Ingrid Schaff was present and noted she would make the same comments as have been previously
stated in the record.
Shaw moved, McCarty seconded adopting an ordinance amendment and summary
ordinance to Section 802 - Snowmobiles with modifications which have been made and
with the same concerns and considerations as expressed by Mayor Bean. Motion passed
5/0.
11. CONSIDERATION OF A MOTION TO APPROVE A STREET CLOSURE FOR
BIKE SAFETY TRAINING
City Engineer Brown expressed concern relative to general safety. He noted it was determined a
police escort would be appropriate to keep access open to the homes. Brown stated event
coordinators will need to wear traffic vests. In addition, Police Chief Young will be consulted .
with respect to the officer involvement.
Mayor Bean suggested Police Reserve officers could provide the escort. Brown stated this
would be discussed with Chief Young and approval would be contingent upon Chief Young's
approval.
Councilmember McCarty stated she would be in favor of this. Councilmember Benson was also
in agreement. Brown stated this event will be held on Sunday, October 27, 1996, from 1 :00 p.m.
to 3 :00 p.m. Councilmember Stover stated for the complete safety of the children involved she
would like the police escorts present for the two hour session.
Benson moved, McCarty seconded approving a Bike Safety Training on Sunday, October
27, 1996, from 1:00 p.m. to 3:00 p.m. along Smithtown Road from Minnewashta
Elementary School to Christopher Road with a police escort. Motion passed 5/0.
.
12. ADMINISTRATOR & STAFF REPORTS
This was addressed after Agenda Item No.6. City Attorney Keane provided an update on the
Ron and Dee Johnson litigation matter. He explained Mr. Johnson submitted a development plan
for approval in 1991 and the City approved a subdivision of his property along Vine Hill Road
subject to conditions relative to grading and wetland protection. Mr. Johnson was not in
agreement with the conditions and, therefore, brought suit against the City in 1992.
In June of 1993, a motion for Summary Judgment was considered on stipulated facts. The City
had prepared a field survey as part of those stipulated facts and it was discovered at that time
that the Waterford Pond control structure which was created near Waterford Circle created a
water backup onto approximately 9500 square feet of Mr. Johnson's 20 acres of property. The
City did prevail on all of their claims, however, the District Court Judge did direct the City to
acquire an easement over that portion of the property affected by the water backup. The City
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 13
commenced that proceeding. The sole issue remaining concerned the value of the easement which
was acquired for wetland purposes. This was a drainage ditch within a wetland and had been wet
for a millennia, according to a wetlands expert.
The Court appointed three Commissioners to determine the value of that easement and possible
damages to the Johnson property. The City's appraiser estimated the value of the easement to
be approximately $750. The City offered the Johnsons $1,000. The Johnsons argued damages
of approximately $600,000. The Commissioners awarded $2,000 for the easement and $3,000
for consequential damage to vegetation. Mr. Johnson appealed that and the City is currently
involved in ajury trial in Hennepin County District Court before Judge Olesky. Mr. Johnson's
demand remains in excess of $500,000.
Councilmember Shaw asked if this would be covered by insurance. Attorney Keane noted any
settlement would come out of the City's general revenue.
.
Attorney Keane also reported on a significant development in the Lloyd and Leanora Bache case.
The Baches brought a case alleging the City damaged their property by virtue of the approval of
the Harding Acres subdivision along Smithtown Road. The approvals took place in the 1980's.
Mr. and Mrs. Bache sought damages on the basis of claims of negligence, trespass, nuisance and
inverse condemnation for the communication of water across the Bache property which is
causing them to have a sump pump in operation most hours of the day and night.
On a Summary Judgment motion, Judge Christianson dismissed three of the four claims. The
judge concluded the claims of negligence, trespass and nuisance are appropriate for dismissal
based on the facts before the judge. Because Summary Judgment is not appropriate where facts
are in dispute, he was not prepared to issue the same ruling on the inverse condemnation.
.
Attorney Keane stated now that the other claims have been dismissed, the sole remaining claim is
the inverse condemnation, which is whether the water going across the Bache property has given
rise to the taking of the property for which the Baches should be compensated. This is not an
insurable item. Attorney Keane expects the City will be assuming the defense of that suit.
City Engineer Brown noted he has directed the contractor to complete the sodding of Smithtown
Road.
13. MAYOR & CITY COUNCIL REPORTS.
Mayor Bean noted that he has received word that the City will be receiving the Government
Finance Officers' Association Distinguished Budget Presentation award for our 1996 budget
document. He complimented Finance Director Al Rolek for all his work in preparing the budget.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14, 1996 - PAGE 14
14. ADJOURNMENT
Shaw moved, McCarty seconded to adjourn the meeting at 12:34 a.m. subject to the
approval of claims.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
.
ROBERT B. BEAN, MAYOR
e
-,...0;
Position
CITY OF SHOREWOOD
Secretary
Obiective and Scope
To perform clerical duties specifically pertaining to the Public Works, Engineering and
Parks Department; to receive telephone calls and visitors in a pleasant and business like
manner and to refer items which this position is not responsible for to the proper City
personnel; and to provide backup assistance to the receptionist.
Relationship
Reports to:
,
Executive Secretary/Deputy Clerk with additional daily direction given by
Public Works Director/Engineer
Specific Responsibilities:
.
1.
Engineering/General:
A. Answers telephone and in-person inquiries in a diplomatic and helpful
manner, providing accurate information, referring callers to appropriate
individuals, and recording accurate information in their absence.
B . Organizes and maintains up-to-date, accurate computerized records, data
and filing systems, for easy access and retrieval.
C. Assists in maintenance of administrative, project and property records by
ensuring information is accurate and up to date, and assists in general filing
needs.
D.
. E.
F.
G.
H.
1.
1.
Provides service directly, by conveying or collecting information, issuing
documents, or otherwise assisting in the services provided by the
department.
Initiates contact with other organizations or agencies as directed, to collect,
research, or disseminate information.
Prepares and distributes neat, concise, and accurate correspondence, reports
and other materials.
Maintains and schedules appointments for department head.
Informs supervisor of the status of work assignments and coordinates work
tasks with coworkers as appropriate.
Assists in department budget preparation, implementation and monitoring.
Assists others in tasks when asked or needed.
Adopted by the Shorewood City Council on
#3Pr
. Secretary
Page 2 of 4
II. Parks:
:;""
A. Prepares and distributes Park Commission and Park Foundation agendas
and packets.
B . Attends all Park Commission meetings providing secretarial support and
meeting follow-up, including the drafting of meeting minutes.
C. Acts as staff liaison to the Park Commission, providing staff support and
meeting follow-up for the City Administrator and Public Works Director.
D. Maintains all records and files on park information, park projects and
proposals, and maintains park related policies and procedures.
E. Coordinates the skating rink program, including but not limited to training,
scheduling, and supervising personnel and rink usage.
F. Coordinates, with the help of Minnetonka Community Educational
Services, the use of all fields within the City for athletic events.
.
III.
Recycling:
A. Reviews all correspondence regarding recycling and initiates appropriate
response or action.
B . Assists in coordinating recycling / environmental efforts and promotional
activities within the City.
C. Attends recycling meetings as the City representative.
IV. Elections:
A. Assists in the administration of all elections, including but not limited to
training of judges, organization of polling sites, and maintenance of files.
B.
Assists in the maintenance of election equipment and supplies.
.
REQUIREMENTS
Minimum Requirements:
1 . Education - high school graduate. Additional training in secretarial or
computer skills desired.
2. One to three years of experience after high school, to acquire work planning
and office practice skills.
3. Knowledge of correct English usage, including grammar and spelling;
visual proofreading skills; ability to type with speed and accuracy and learn
to use any required equipment.
4. Ability to compose routine answer to correspondence and inquires.
. Secretary
Page 3 of 4
5. Ability to use the computer efficiently for word processing, spreadsheet
computations, database management and other assigned applications.
6. Ability to work effectively with others, by offering to help, responding to
questions willingly, and looking for ways to improve cooperative efforts.
7 . Ability to learn and remember facts about the department and staff; ability to
plan ahead, accounting for interruptions and other unanticipated events.
8. Ability to exercise tact and discretion; skill in listening to others with interest
and conveying willingness to help; ability to respond promptly to other's
requests.
9. Ability to prioritize work effort so work is accomplished promptly and on
time.
10.
Ability to represent the employer positively and in a friendly manner; ability
to establish, over time, a network of contacts who have the information
needed.
.
11. Ability to organize a multitude of tasks, paper work, etc.
12. Ability to handle numerous interruptions and perform detail work
accurately.
13. Knowledge of election practices and procedures.
14. Ability to maintain confidentiality.
Physical Demands:
1.
.
While performing the duties of this job, the employee is regularly required to sit,
talk, see and hear. The employee frequently is required to use hands to finger,
handle, or feel objects, tools, or controls and to operate a variety of office
equipment. The employee is occasionally required to stand; walk; reach with hands
and arms; climb or balance; and stoop, kneel, or crouch.
2. Employee must occasionally lift andJor move up to 25 pounds.
3. Specific vision abilities required by job include close vision and the ability to adjust
focus.
The physical demands described above represent those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.
Work Environment:
1 . The work environment is that of a typical office.
2. The noise level in the work environment is moderately noisy on an occasional
basis.
CITY OF SHOREWOOD
Position
Part- Time Clerical Assistant
Obiective and Scope
Performs clerical duties under the direction of the Executive Secretary/Deputy Clerk.
Relationship
Reports to:
Executive Secretary/Deputy Clerk
Specific Responsibilities:
1. Assists the Deputy Clerk in performing duties and projects.
A.
Assists the receptionist with incoming telephone calls and refers callers to
the appropriate department. Answers routine questions. Provides backup
for receptionist during breaks and absences.
.
B. Assists with issuance of various City licenses, permits, applications,
scheduling, payments and mail.
C. Responsible for keeping central and property fIles with accurate, up-to-date
records and assists in general fIling when needed.
D. Prepares and distributes City Council agendas and packets. Responsible for
preparing the Council Chambers for scheduled meetings.
E. Assists the Election Clerk with various election duties such as: absentee
voting, registration, and clerical support.
F. Provides secretarial and general clerical assistance.
.
G.
In the absence of a recording secretary to the City Council, take minutes for
the meetings.
2. Performs other duties and assumes responsibilities as assigned.
REQUIREMENTS
Education and Skills:
1 . Education - high school diploma. Training in secretarial or computer skills is
preferred.
2. Knowledge of municipal office operations and filing systems.
3. Ability to compose routine answers to correspondence and inquiries.
4. Ability to use the computer efficiently for word processing, spreadsheet
computations, data base management and other assigned applications.
Adopted by the Shorewood City Council on
. Part Time Clerical Assistant
Page 2 of 2
Part- Time Clerical Assistant
5. Ability to work effectively with others, by offering to help, responding to questions
willingly, and looking for ways to improve cooperative efforts.
6. Ability to exercise tact and discretion.
7 . Must have outstanding grooming and deportment.
Physical Demands:
I . While performing the duties of this job, the employee is regularly required to sit,
talk, see and hear. The employee frequently is required to use hands to finger,
handle, or feel objects, tools, or controls and to operate a variety of office
equipment. The employee is occasionally required to stand; walk; reach with hands
and arms; climb or balance; and stoop, kneel, or crouch.
2. Employee must occasionally lift and/or move up to 25 pounds.
3.
Specific vision abilities required by job include close vision and the ability to adjust
focus.
.
The physical demands described above represent those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.
Wark Environment:
I . The work environment is that of a typical office.
2. The noise level in the work environment is moderately noisy on an occasional
basis.
3. Office equipment typically operated includes telecommunications systems,
computers, dictating machines, calculators, typewriters, and collators.
.
The work environment characteristics described above are representative of those an
employee encounters while performing the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the
essential functions.
fill
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO: Mavor and City Council
, ,"
FROM:
James C. Hurm~ City Administrator
,
Larry Brown, Director of Public Works
/I-~
.
DATE:
October 24, 1996
RE:
Staff Recommendation for Appointment to the Light Equipment Operators Position
As the City Council is aware, the promotion of Larry Niccum to Operations and Maintenance
Supervisory position has left an opening for the position of a Light Equipment Operator within the
Department of Public Works. Staff's recommendations for the filling of this position are included in this
report.
The City of Shorewood received 21 applications for this position. There were three cutoffs for the
process. The first cutoff involved review of their qualifications by their application. The second portion
of the screening involved a written test, with the final determination of the finalists being a hands on test
of equipment operation, and an oral interview. In all, the test was very rigorous which tested
knowledge ofthe field.
.
The successful candidate is Mr. Chris Pounder. Chris is a resident of the City of Mound and is a very
enthusiastic candidate who performed excellent throughout the interview process. Reference checks of
past and present employers all reflect a sincere dedication to his job. He has proven to be a great addition
to all of the teams he has worked with. In addition, Chris is also a member of the Mound Volunteer Fire
Department. Chris has stated that he will not be responding to fire calls during the normal hours of
operation. Chris' dedication, coupled with his knowledge of equipment should make a great addition to
the Public Works Department team. -
I would also like to state that the process used was very thorough. All of the public works staff were
able to meet with the finalists, with a majority of the team aiding in the evaluation in either the hands on
test or the oral interview panel. The entire department feels that Mr. Pounder would be a great addition
to the team.
Therefore, the City Administrator and staff are recommending that Mr. Chris Pounder be approved to the
position of Light Equipment Operator. He would begin the employment as early as two weeks from
notification of approval.
A Residential Community on Lake Minnetonka's South Shore
#35
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Applicant's Statement
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r authorize inVestigan;;Q of all stllements contained in thiS application ror emplaym.",t a,; may be~
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Dot applications ....,bdngacceplEQ.~ that ~, ...,.. ..' · -', .c '._ ..... '. ., ;_;;*\~;;.";,.
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- COMMENIS ANo'IN"IERPRETAnoN
.-..
.
.
To:
From:
Date:
Re:
Mayor and City Council
James C. Hurm, City Administrator
Teri Naab, Deputy Clerk
Larry Brown, Director of Public Works
October 23, 1996
Authorization to Hire Secretary
The full-time secretarial position has been advertised in several locations. We received
approximately 25 applications. Upon careful review of applications, testing and interviews
with the top candidates, it would be our recommendation to hire:
Wendy Anderson
3420 Bayside Road
Long Lake, MN 55356
Wendy has an educational background in public administration and social work. She
worked at the City of Deephaven as the City Clerkffreasure for three years, the City of
Long Lake as Assistant City Clerk for two years, and City of Mound as an Administrative
Aide for almost one year. We have contacted all her references and received very positive
feedback. Because of her extensive background with local government and her educational
background in this area we would recommend that she begin at Step 3 of the Salary Chart.
It would be best to have both this position and the Light Equipment Operator begin on the
same day so orientation could be together. We recommend a start date of November 12.
43L
.
.
Wendy S. Anderson
3420 Bayside Road
Long Lake, MN 55356
(612)476-4613
Dear City of Shorewood:
.
Working for the cities of Long Lake, Deephaven, Greenwood, and Woodland were the most
challenging and exciting environments I have experienced. Due to the nature of small city
offices, my multiple responsibilities included walk-in resident services and information, answering
phones, general filing, typing letters, attending Council meetings and composing Council
minutes, all facets of the financial/accounting department, and supervision of election activities.
Since my departure from city government (due to the parenting of small children), I have been
working in secretarial/clerical/administrative assistant positions part-time. I am experienced with
Microsoft Windows, Microsoft Word, Excel, Power Point, and Lotus 1-2-3.
The majority of my working career has been in city government, and I am very anxious to return
to this environment. I have a good understanding of the m.ultiple functions of city government,
and I have a history of good working relationships with residents, co-workers, and
Councilmembers and Mayors.
Thank you for this opportunity.
Sincerely,
Wendy S. Anderson
WENDY S. ANDERSON
3420 Bayside Road
Long Lake, Minnesota 55356
(612) 476-4613
OBJECTIVE
Seeking a friendly. challenging environment in an administrative position.
EDUCATION
MASTER OF PUBLIC ADMINISTRATION
University of Denver, Denver, Colorado
MASTER OF SOCIAL WORK
University of Denver, Denver, Colorado
BACHELOR OF ARTS
Gustavus Adolphus College, St. Peter, Minnesota
PROFESSIONAL
SKILLS
ADMINISTRATIVE
City ClerklTreasurer
Office of the City ClerklTreasurer for three cities' operations. Directly responsible to
Mayors and respective City Councils. Prepared $2.5 million annual budgets and
presented to Councils for approval, produced monthly financial statements, control of
all financial investments, supervised three office staff, election activities, supervised
accounting functions, maintained Special Assessment files, comprised biweekly
Council agendas, researched/recommended purchase of computer network system.
.
Administrative Assistant
Responsible for Accounts Receivable, Accounts Payable, General ledger, customer
sales and service.
Administrative Aide
Comprised the Specifications for Bids package which awarded contracts to recycling
haulers for Mpls. Recycling Program.
Administrative Aide to City Manager
Designed curbside recycling program for City of Mound, MN. Conducted citizen
advisory meetings, preparation of annual budget, and presentation to City Council.
Follow-up analysis and evaluation of program.
.
MANAGERIAL
Accounting Assistant! Office Manager
Responsible for Accounts Receivable, on-the-job training with DataWrite and
QuickBooks computer accounting programs, customer service and other office duties.
Manager, Retail Store
Responsible for hiring, training, scheduling, termination, and general supervision
of 4-6 sales staff. Recorded daily sales, inventory control, and customer sales/service.
HUMAN SERVICES
Social Worker
Managed caseload of adolescents in Social Services Agency, entailing counseling and
coordinating meetings with other professionals for care of dysfunctional adolescents.
Sept '96
February '94-
Sept '96
.
February '96-
Sept '96
January '93-
February '94
August '87-
Decem ber '90
.
Novem ber '85-
August '87
Aprit '85-
Novem ber '85
Wendy S. Anderson
3420 Bayside Road
Long Lake, MN 55356
Work History
General Office. "Temporary" Worker
Manpower, Inc.
Plymouth Office
544-4200
Assistant to Insurance Agency Mal'1ager
Allstate Insurance Agency
4530 W. 77th Street, Suite 115
Edina, MN 55435
(612) 831-2308
Accounting Assistant/Office Manager
McWilliams & Shavlik, Ltd.
1865 West Wayz;rta Boulevard, Suite 206
Long Lake, MN 55356
(612}473-8300
Administrative Assistant
Windemere Studios
972 Medina Road
Wayzata, MN 55391
(612}449-9155
City ClerklTreasurer
City of Oeephaven, City of Greenwood, City of Woodland
20225 Cottagewood Road
Oeephaven, MN 55331
(612}474-4755
Assistant City Clerk
City of Long Lake
1964 Park Avenue
Long Lake, MN 55356
(612}473-6961
Administrative Aide
City of Mound
5341 Maywood Road
Mound, MN 55364
~~
.
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT, made this day of
19__, by and between THE CITY OF SHOREWOOD, a Minnesota
municipal City, (the City) and Connie Bastvr (the Contractor) .
INTRODUCTION:
WHEREAS, the City is a Minnesota-municipal City engaged in the
business of providing municipal services; and
.
WHEREAS, the City desires to retain the Contractor to provide
Desktop Publishing Services and both parties desire to enter into an
agreement for such services upon the terms and conditions contained
herein (the Agreement); and
WHEREAS, the Contractor will, pursuant to this Agreement, render
services in the course of an independent occupation representing the
will of the City only as to the result of his/her work and not as to the
means by which it is accomplished.
NOW, THEREFORE, in consideration of the mutual promises contained
herein,
IT IS HEREBY AGREED:
1.) Enoaoement - Throughout the term of this Agreement, the City
may periodically contact the Contractor to perform Desktop Publishing
Services.
2.) Term - The term of this Agreement shall commence on the date
hereof and shall continue for a period of twelve (12) months unless
terminated earlier as provided herein by Section 7. The parties may
extend the term for an additional twelve (12) month period by written
agreement.
-#3[:)
3.) Extent of Services The Contractor is free to devote time,
attention and energy to other businesses in which the Contractor may
be engaged. The Contractor is not in any way granted an exclusive
right to undertake desktop publishing services for the City.
(a) The Contractor will be paid $20.00 per hour. The
Contractor will be responsible for billing the City after the
completion of each job.
(b) The Contractor will be available for on an on-call
basis.
(c) The Contractor will coordinate work with the Executive
Secretary/Deputy Clerk.
.
(d) The Contractor is responsible for all costs associated
with providing this service other than those specifically
provided for in this Agreement.
4.) Remuneration - Subject to the provisions of Section 7, said
City agrees to pay the Contractor $20.00 per hour in accordance with
the City's general paYment practice for consulting work. The cost
for desktop publishing services associated with the quarterly City
newsletter shall not exceed .75 hours per page unless additional time
is authorized in advance by the Executive Secretary/Deputy Clerk.
The Contractor is responsible for the production of a draft
newsletter and subsequent final document in a format acceptable to
the printer designated by the City. This not-to-exceed figure
includes up to three reviews and requested revisions by City
personnel.
.
5.) Tools and Transoortation - The Contractor is responsible for,
and will provide, all necessary tools and transportation in
connection with the performance of any work for the City. Uoon
reauest by the contractor, the City may allow use of City owned tools
in the exolicit oreoaration of the newsletter or any other document
commissioned by the City.
..~
6.) Performance - The Contractor agrees to perform all work in a
professional manner. The quarterly newsletter is scheduled to be
mailed sometime in February, May, August and November. The
Contractor agrees to format the newsletter in draft form within three
(3) days of receipt of the articles. The final document must be
completed within five (5) working days from the date of receipt of
the articles.
7.) Work Product. All work product produced by the Contractor
pursuant to this Agreement shall become the exclusive property of the
City. The Contractor shall not use or reuse City work product
without the express written consent of the City.
~ 8.) Termination - In addition to expiration of the term specified
in Section 2, either party may unilaterally terminate this Agreement
for any reason. Such termination shall be effective upon receipt of
written notice by the non-terminating party.
~
9.) Contractor's Obliaations Uoon Termination - Upon termination
of this Agreement for any reason, the Contractor shall immediately
return to the City all property and records of the City in his/her
possession and discontinue further representation of himself/herself
as an independent contractor of the City
10.) Nature of Relationshio - The Contractor shall conduct
his/her business as an independent contractor, and not as an employee
of the City, for all purposes including, but not limited to, federal
tax, FICA, Social Security withholding and unemploYment insurance
purposes. Neither the City nor the Contractor shall be responsible
by any agreement, representation, or warranty made by the other, nor
shall the City be obligated for damages to any person or organization
for personal injuries or property damage arising directly or
indirectly out of the conduct of the Contractor's business or caused
by the Contractor's actions, failure to act, conduct, or negligence.
The Contractor agrees to indemnify and hold the City harmless for any
act, failure to act, conduct, or negligence pursuant to this
~.
Agreement. As an independent contractor, the Contractor shall be
responsible for the payment of all income or other taxes incurred as
a result of remuneration paid to the Contractor. The Contractor shall
also be solely responsible for providing workers compensation
insurance. Finally, as an independent contractor, the Contractor
shall not receive any of the fringe benefits or participate in any of
the plans, arrangement$ or distributions that the City provides to
its employees.
11.) Worker's Compensation Insurance - The Contractor agrees to
maintain, at his/her own expense, worker's compensation insurance to
fully protect both the Contractor and the City from any and all
claims for injury or death arising from the performance of this
Agreement. The Contractor agrees to waive, and does hereby waive, any
responsibility of the City to provide Worker's Compensation Insurance
to the Contractor.
.
12.) Indemnitv - The Contractor agrees to indemnify and hold the
City harmless from and against any and all claims by or on behalf of
any person arising from the Contractor'S actions, failure to act,
conduct, or negligence while performing services pursuant to this
Agreement. The Contractor shall indemnify costs and expenses incurred
in connection with any such claim, or in connection with any action
or proceeding brought thereon, including attorneys' fees and
expenses. Upon notice by the City, the Contractor shall defend the
City in any such action or proceeding.
.
13.) Entire Aareement - This Agreement contains the entire
agreement between the parties and no amendment hereto shall be valid
unless made in writing and signed by the parties. There is merged
herewith all prior and collateral representations, promises, and
conditions concerning the Contractor and the City. This Agreement
supersedes and nullifies any preexisting agreements between the
parties relating to the subject matter of this Agreement.
-"
.
14.) Severable - In the event any portion of this Agreement shall
be held to be invalid, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
15.) Bindinq Effect - This Agreement shall be binding upon and
inure to the benefit of all the parties hereto, their heirs,
executors, administrators, permitted assigns and successors in
interest.
16.) Notices - Any notice required or permitted to be given under
this Agreement shall be sufficient if in writing and sent by
registered or certified mail to the Contractor's residence or to the
principal office of the City, whichever shall be applicable.
.
IN WITNESS WHEREOF I the parties have executed this Agreement on
the day and year first above written.
THE CITY:
By:
James C. Hurm
Its: City Administrator
THE CONTRACTOR
Approved as to Form by
Timothy Keane, City Attorney
Date
..
To:
Mayor and City Council
James C. Hurm, City Administrator
From:
Teri Naab, Deputy Clerk
October 24, 1996
Date:
Re:
Janitorial Contract
.
Jeff Reinhart has been cleaning City Hall for several years. Recently he indicated he will need to dissolve
his association with the City as soon as possible due to a move out-state. Under the current contract we pay
$65 for weekly service ($3,380/year). The contractor also provides supplies and equipment. During the
winter months, Jeff would clean the foyer mid-week if called (maybe once or twice during the season).
After advertising and sending out a mailing to janitorial companies, we received four (4) quotes for cleaning
City Hall and the Council Chambers. All quotes include supplies and equipment. The quotes received are as
follows:
.
Drew Kriesel.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$230/monthly
5400 Howards Pt Rd, Shorewood
Jorissen Building Maintenance Inc.,............................ .$ 195.00/monthly
3860 Monaltrie Ave, Wayzata plus $20/per each
additional cleaning
(approx. 6 months)
A & K Service...... .......... ......... .................. .... .......$303.52/monthly
18701 Stratford Rd, Ste 140, Minnetonka + second cleaning
Nov/March
Orient Cleaning Service Inc. .............. .. . . . .. . . . . . . . .. . . .. . . . .$377/monthly
Chanhassen includes bi-weekly cleaning of foyer
during winter months
Mr. Kriesel currently works part time for Senior Community Services and has corne to us highly
recommended by Ben WithlJ.art. It is anticipated that he will also be doing the janitorial services at the new
Senior Communit)<.~ices../Given the outstanding recommendation and the fact that he lives so close,
staff recommends contracting with Mr. Kriesel for Janitorial Services.
The yearly charge for Mr. Kriesel's services would corne to $2,760, which is approximately $620 less than
what we are currently paying. In additional to providing mid-week cleaning service of the foyer area, he is
willing to corne in more often if necessary at no additional charge.
.#F3E
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JORISSEN BUILDING MAINTENANCE. INC.
3860 MONALTRIE AVENUE
WAYZATA, MINNESOTA 55391
PHONE 473-9330
~~
lDJ~ ,r;;~::)/
.l 'lei - 4l9s6 111
! By /.!}!
~/
October 4, 1996
James c. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
We submit the following proposal for the cleaning of the
offices for the City of Shorewood one time per week as per
the "Request for Proposals" mailed to us dated 10/2/96.
Jorissen Building Maintenance, Inc. furnishes all labor,
cleaning supplies and equipment. we carry Workers Com--
pensation and Liability Insurance, certificates of insur-
ance sent upon request. Paper supplies, soap and light
bulbs are supplied by the City of Shorewood.
These services to be performed at a mOnthly rate of $195.00.
During w"inter months when an extra cleaning of the foyer
and reception area is needed, there will be an additional
charge of $20.00 per time.
.
References will be furnished upon request. Jorissen
Building Maintenance, Inc. has been in business since 1965
serving the Excelsior, Minneton.l{a, Wayzata and surounding
areas.
Signed:
~-
"%>' .'
d!d",~-,~ ~//. v~~~
/Mi~n A. Jo:i~~ei . .
Jorlssen Bull~g MaIntenance, Inc.
16/11/1996 14:21
47494213
PAGE 602...
A & K Service
Painting and Cleaning
18701 Stratford Rd. Ste. 140
Minneronka. Minnesota 55345
CommerciaJ - IndustriaJ - Residential
Bonded and Insured
8usiness (612) 474-6258 Fax (612) 474-9420
October I ], J 996
James C. Hurm~ City Administrator
City of Shorewood
5755 Country Club Road
Shon::wood, MN. 55331
RE: CLEANING SERVICES AT SHOREWOOD CITY HALL
.
After viewing the site at Shorewood City HaU on October 1 t. 1996, we would like to submit the
following proposa 1 to provide interior cleaning service:
TO CLEAN AND MAINT A1N SERVICES AS DESCRIBED IN
<<CITY OF SHOREWOOD :
REQUEST FOR PROPOSALS
CLEANING SERVICES AT CITY HALL"
DATED 10..2-96
TOT At;
SALES TAX
TOT AUPER MONTH
S 285.00
t8.!2
SJ03.s2
.
REFERENCES AND INSURANCE CERTJFrCA TES SUPPLIED UPON REQUEST.
If you have any questions, feel free to call. Thank you for your consideration.
Sincerely,
t,/ li}ly! ' ,
, ''{(l?l<. ~ :NI "{/-l{d:,.!J:/y.rJ
Kathy ~evissen
A & K SERVICE
TELEPHONE 474-6258
Bonded' Honest. Dependable' References
Residential. Commercial
Orient Cleaning Service, Inc.
P.O. Box 114 . Chanhassen. MN 55317
ORIENT CLEANING SERV]
P.O. BOX J.J.4
CHANHASSEN, MM. 553J.~
MARIA P. PEDEN
President
(612) 4704134
Pager 622-8448
--~-/-.- "
~,
October 8, J.996
Dear James,
We hereby propose and agree to perform the following
janitorial services for CITY OF SHOREWOOD located at 5755
Country Club Road, Shorewood. We clean once a week
anytime after 5:00 p.m. on Friday or weekends.
~ ENTRANCE AND RECEPTION AREA:
J.. Dust window sills
2. Wipe glass doors and windows for finger prints
3. Dust furnitures
4. Sweep and mop the floor
NOTE: CLEAN TWICE A WEEK DURING WINTER MONTHS
GENERAL OFFICES AND PRIVATE OFFICE:
~
J.. Empty all garbage and recycle
2. Dust window sills
~ 3. Dust furnitures and equipments
4. Vacuum the floor
5. Spot clean carpet notify staff if unable to remove
the spot
COUNCIL CHAMBERS:
J.. Dust furnitures
2. Vacuum the floor
3. Spot clean the carpet
Closet:
J.. Dust window sills
2. Sweep and mop the floor
KITCHENETTE:
J.. Empty the garbage and recycle
2. Clean microwave
3. Clean counter top
4. Wipe the table
5. Clean the sinks
5. Sweep and mop the floor
RESTROOMS - ( 2 )
1. Empty all garbage
2. Clean and sanitize toilet and unirals
3. Clean the mirrors
4. Clean sinks and vanities
S. Sweep and mop the floor
DRINKING FOUNTAIN:
1. Clean and polish fixtures
BASEMENT STEPS:
1. Vacuum
MONTHLY:
1. Dust blinds
2. Vacuum fabric chairs
3. Polish all wooden chair arms, conference tables,
lobby tables and council chamber table
4. Check cobwebs
.
AS NEEDED:
1. Defrost refrigerator
( notify staff if it needed so they can turn off)
2. Clean entry announcement boards and metal door
framing
QUARTERLY:
1. Clean ceiling light fixtures
2. Wipe baseboards and all ledges
EQUIPMENT AND SUPPLIES:
.
We will furnish all the cleaning supplies and equipment
necessary to perform the herein specified work.
INSURANCE:
We carry Liability Insurance coverage of $1,000,000
minimum combined single limit for your protection.
PRICE:
We agree to perform the above outlined services for the
sum of THREE HUNDRED SEVENTY SEVEN DOLLARS. ( $377.00 ) per
month OR EIGHTY SEVEN DOLLARS ( $87.00) per week. Our rate
includes all cost for labor, materials, equipment, taxes and
insurance required to fulfill the cleaning specifications as
outlined in this proposal.
PAYMENT:
Payment shall be due every 30th of each month.
CHANGE IN WORK PERFORMED:
.
The above price is based upon the areas to be serviced
and the frequency of service outlined in the specifications.
If there are changes in the area or services, the Owner
agrees to negotiate a reasonable price adjustment.
MODIFICATION:
The parties may from time to time request changes in
this agreement. Such changes, including any increase or
decrease in the amount of the Contractor's compensation which
are mutually agreed upon by and between the Owner and the
contractor, shall be effective when incorporated in written
amendments to this agreement.
RIGH TO TERMINATE:
.
This contract maybe terminated by either party by
providing the other party thirty (30) days written notice.
ACCEPTANCE:
By:
The above specifications,
are satisfactory and are hereby
shall take effect as of
Contractor: O/~'e/lIC/ec7/Jin; )t'rv,IA,-(. Owner:
A/1.., . .J )0: ~
IV ( tc4--..c.... ), .~
;) I L
/1..u2. '- rA-,-I'
price, terms and conditions
accepted. This agreement
1996.
.By:
Title:
Title:
J:NDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT, made this day of
, 19__, by and between THE CITY OF SHOREWOOD, a Minnesota
municipal City, (the City) and (the Contractor) .
INTRODUCTION:
WHEREAS, the City is a Minnesota-municipal City engaged in the
business of providing municipal services; and
WHEREAS, the City desires to retain the Contractor to provide
Janitorial Services and both parties desire to enter into an agreement
for such services upon the terms and conditions contained herein; and
WHEREAS, the Contractor will, pursuant to this agreement, render
services in the course of an independent occupation representing the
will of the City only as to the result of his work and not as to the
means by which it is accomplished.
.
NOW,
herein,
THEREFORE,
in consideration of the mutual promises contained
IT IS HEREBY AGREED:
1.) Term - The term of this Agreement shall commence on the date
hereof and shall continue for a period of twelve (12) months unless
terminated earlier as provided herein by Section 7. The parties may
extend the term for an additional twelve (12) month period by written
agreement.
2.) Extent of Services The Contractor is free to devote time,
attention and energy to other businesses in which the Contractor may
be engaged. The Contractor is not in any way granted an exclusive
right to undertake janitorial services for the City.
.
(a) The Contractor will be paid $ .00 per month.
The Contractor will be responsible for billing the City on a
monthly basis.
(b) The Contractor will perform all services listed on
Exhibit A and attached hereto.
(c) The Contractor will coordinate work with the Executive
Secretary/Deputy Clerk.
(d) The Contractor is responsible for all costs associated
necessary cleaning supplies, equipment and required
insurance.
(e) The Contractor will be available for on an on-call
basis when available.
4.) Remuneration - Subject to the provisions of Section 7, said
City agrees to pay the Contractor $ .00 per month in accordance
with the City's general payment practice.
.... . , .
5.) Tools and Transportation - The Contractor is responsible for,
and will provide, all necessary tools and transportation in
connection with the performance of any work for the City.
6 ) Performance - The Contractor agrees to perform all work in a
professional manner and in accordance with industry standards.
7.) Termination - In addition to expiration of the term specified
in Section 2, the Contractor may unilaterally terminate this
Agreement for any reason. Such termination shall be effective upon
receipt of written notice by the non-terminating party.
8.) Contractor's Obliaations Upon Termination - Upon termination
of this Agreement for any reason, the Contractor shall immediately
return to the City all property and records of the City in his/her
possession and discontinue further representation of himself/herself
as an independent contractor of the City
9.) Nature of Relationship - The Contractor shall conduct his/her.
business as an independent contractor, and not as an employee of the
City, for all purposes including, but not limited to, federal tax and
unemploYment insurance purposes, Neither the City nor the Contractor
shall be responsible by any agreement, representation, or warranty
made by the other, nor shall the City be obligated for damages to any
person or organization for personal injuries or property damage
arising directly or indirectly out of the conduct of the Contractor's
business or caused by the Contractor's actions, failure to act,
conduct, or negligence. The Contractor qgrees to indemnity and hold
the City harmless for any such act, failure to act, conduct, or
negligence pursuant to Section 11 of this Agreement. As an dependent
contractor, the Contractor shall be responsible for the paYment of
all income or other taxes incurred as a result of remuneration paid
to the Contractor. The Contractor shall also be solely responsible
for providing workers compensation insurance. Finally, as an
independent contractor, the Contractor shall not receive any of the
fringe benefits or participate in any of the plans, arrangements or .
distributions that the City provides to its employees.
10.) Worker's Compensation Insurance - The Contractor agrees to
maintain, at his/her own expense, worker's compensation insurance to
fully protect both the Contractor and the City from any and all
claims for injury or death arising from the performance of this
Agreement. The Contractor agrees to waive, and does hereby waive, any
responsibility of the City to provide Worker's Compensation Insuranc~
to the Contractor,
11.) Indemnitv - The Contractor agrees to indemnify and hold the
City harmless from and against any and all claims by or on behalf of
any person arising from the Contractor's actions, failure to act,
conduct, or negligence while performing services pursuant to this
Agreement. The Contractor shall indemnify costs and expenses incurred
in connection with any such claim, or in connection with any action
or proceeding brought thereon, including attorneys' fees and
expenses. Upon notice by the City, the Contractor shall defend the
City in any such action or proceeding.
-.... ' ;
.
.
12.) Entire Aareement - This Agreement contains the entire
agreement between the parties and no amendment hereto shall be valid
unless made in writing and signed by the parties. There is merged
herewith all prior and collateral representations, promises, and
conditions concerning the Contractor and the City. This Agreement
supersedes and nullifies any preexisting agreements between the
parties relating to the subject matter of this Agreement.
13.) Severable - In the event any portion of this Agreement shall
be held to be invalid, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
14.) Bindina Effect - This Agreement shall be binding upon and
inure to the benefit of all the parties hereto, their heirs,
executors, administrators, permitted assigns and successors in
interest.
15.) Notices - Any notice required or permitted to be given under
this Agreement shall be sufficient if in writing and sent by
registered or certified mail to the Contractor's residence or to the
principal office of the City, whichever shall be applicable.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year first above written.
THE CITY:
THE CONTRACTOR
By:
James C. Hurm
Its: City Administrator
Approved as to form by
Timothy Keane, City Attorney
Dated
... ~ ~..-,.
Exhibi t A
Janitorial Services Contract
Dated:
The Contractor shall permit the following services in the timeframe
described:
Areas to be Cleaned
Include:
o Entrance and Reception
Area
o General Offices
o Private Offices
o Washrooms
o Ki tchenet te
o Closet
o Council Chambers
.
Duties will include the following:
Weekly:
. Vacuum all carpeted areas, including stairs to basement.
. Sweep and mop all hard floor surfaces.
. Dust office equipment and furniture. Desk tops if accessible.
. Clean and sanitize restrooms and water fountain.
. Clean main entry door glass areas.
. Wipe all counter work areas.
. Empty all waste baskets and recycling bins.
. Spot cleaning of carpet. Notify staff if unable to remove a spot.
. Mid-week cleaning of foyer and reception area (especially during
winter months) . ~
Monthly:
. Dust blinds and window sills.
. Vacuum fabric chairs.
. Polish all wooden chair arms, conference tables, lobby tables, and
Council Chamber dais table.
Quarterly:
. Clean ceiling light fixtures.
. Wipe baseboards and all ledges.
As Needed:
. Defrost refrigerator.
. Clean entry announcement boards and metal door framing.
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION MAKING AN APPOINTMENT TO
THE SHOREWOOD PARK FOUNDATION BOARD OF DIRECTORS
WHEREAS, per the directives of the Articles of Incorporation of the
Shorewood Parks Foundation, the Shorewood City Council makes appointment to the
Board of Directors for the Foundation; and
WHEREAS, the Bylaws for the Foundation require that each Director be
appointed for three years or until his or her successor shall have been appointed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood that the Shorewood Park Foundation Board of directors consists
of the following individuals, and that the highlighted individual is hereby appointed with
terms to take affect immediately upon the passage of this resolution and shall expire as
indicated herein:
.
Term
Expires
.
3/15/99
3/15/99
3/15/99
3/15/99
3/15/99
3/15/98
3115198
3/15/98
3/15/98
3/15/98
3/15/97
3/15/97
3/15/97
3/15/97
3/15/97
Organization
Tonka Football Association
South Shore Softball
Senior Representative
Shorewood Park Commission
At Large
South Tonka Little League
....il~p~iilm~~gSoccer.
Tonka Men's Club
Shorewood Park Commission
At Large
American Legion
Minnetonka Youth Hockey Assc.
Rotary Club
Minnetonka Community Education
At Large
Appointee
Jim Wilson
Scott Hansen
Robert Noren
Ken Dallman
Bill Keeler
First
Appointed
5/96
7/94
5/96
7/94
9/94
David Steinkamp 3/95
;\m;!~~~i;I!!,fj~l'lp~!p......lq~~~.'..'.
Jim Lattemer . 7/94
Sandy Trettel 7/94
Charlie Cox 3/95
Donald Kronberg
Tom Heiberg
Don Kelly
Tad Shaw
Gordon Lindstrom
6/96
7/94
3/95
7/94
7/94
Non-Voting, City Administrator Jim Hurm 7/94
Non-Voting, City Councilmember Jennifer McCarty 4/95
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 28th day of October, 1996.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator
.fF3 F
CITY OF SHOREWOOD
RESOLUTION NO. 96
A RESOLUTION APPROVING THE FINAL PLAT OF
WOODSIDE 2ND ADDITION
WHEREAS, the final plat of Woodside 2nd Addition has been submitted in the manner
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewoed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
,
1 . That the plat of Woodside 2nd Addition is hereby approved.
2 . That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the Water Assessment Agreement, attached hereto and made a part
hereof, on behalf of the City Council.
3 . That this final plat and the attached Water Assessment Agreement shall be filed and
recorded within (thirty) 30 days of the Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
"
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th
day of October, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~~
41 ~/
LEGAL DESCRIPTION
Lots 1 and 2, ,.Scotts Subdivision" in Lot 2, Section 31, Township 117, Range 23 West
said Lot 2. .Scotts Subdivison. is free of the foot path right of way as dedicated on
the recorded plat thereof.
That part of Government Lot 2, Section.31, Township 117: Range 23, described as
beginning at the northeast corner of Lot 1, "Scotts Subdivision" in Lot 2. Section 31, I
Township 117. Range 23 West; thence northwestelry along a line which forms an angle of
30 degrees 32 minutes with the north line of said Lot 1 at the northeast corner thereof
a distance of 5.66 feet to a point mar~ed by Judicial Land MarK; thence continuing along
said last described line a distance of 201.94 feet to a point marked by a Judicial Land
Mark; thence continuing along said. last desribed line to the Shore of Lake Minnetonka;
thence southwesterly along said shore to its intersection with the north line of said
Lot 1; thence east to the point of beginning.
,
Exhibit A
.
.
." ,.
]I)
Blanket Issuer Letter of Representations
[To be Completed by Issuer]
City of Shorewood, Minnesota
[Name of Issuer]
[Date:
Attention: Underwriting Department - Eligibility
The Depository Trost Company
55 Water Street; 50th Floor
='iew York, NY 10041-0099
Ladies and Gentlemen:
This letter sets forth our understanding with respect to all issues (the "Securities") that Issuer
shall request be made. eligible for deposit by The Depository Trust Company ("OTC").
To induce OTC to accept the Securities as eligible for deposit at OTC, and to act in accordance
with OTCs Rules with respect to the Securities, Issuer rep~nts to OTC that Issuer wiD comply
with the requirements stated in DTC's Operational Arrangements, as they may be amended from
time to time.
Note:
Schedule A contains statements that DTC believes
accmately describe DTC. the method of effecting book-
entry traJisfers of securities distributed through DTC, and
certain related matters.
Very truly yours,
City of Shorewood, Minnesota
( Issuei')
By:
Received and Accepted:
(Authorized Officer's Sign.atwe)
James Hurm, Administrator/Clerk
(Typewrite :\ame &: TItle)
THE DEPOSITORY TRUST COMPk'~
5755 Country Club Road
(Street Address)
Bv:
,
Shorewood
(City)
MN
(State)
55331-8927
(Zip)
(612) 474-3236
(Phone Number)
1FS-
.., .
KENNEDY & GRAVEN
CHARTERED
470 Pillsbury Center. Minneapolis. Minnesota SS40Z
Telephone (612) 337-9300
Facsimile (612) 337-9310
$860,000
General Obligation Water Revenue
Bonds, Series 1996A
City of Shorewood
Hennepin County, Minnesota
We have acted as bond counsel in connection with the issuance by the City of Shorewood,
Hennepin County, Minnesota, of its General Obligation Water Revenue Bonds, Series 1996A,
originally dated as of November 1, 1996, in the total principal amount of $860,000. For the
purpose of rendering this opinion we have examined certified copies of certain proceedings taken
by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds,
and certain other proceedings and documents furnished by the City. From our examination of
such proceedings and other documents, assuming the genuineness of the signatures thereon and
the accuracy of the facts stated therein and continuing compliance by the City with its covenants
to comply with the Internal Revenue Code of 1986, as amended, and based upon laws,
regulations, rulings and decisions in effect on the date hereof, it is our opinion that:
.
1. The Bonds are in due form, have been duly executed and delivered, and are valid
and binding general obligations of the City, enforceable in accordance with their terms, except
as such enforcement may be limited by Minnesota or United States laws relating to bankruptcy,
reorganization, moratorium or creditors' rights. .
2. The principal of and interest on the Bonds are payable primarily from net revenues
of the water system of the City and from special assessments levied or to be levied on property
specially benefitted by local improvements, but if necessary for the payment thereof, ad valorem
taxes are required by law to be levied on all taxable property in the City, which taxes are not
subject to any limitation as to rate or amount.
.
3. Interest on the Bonds is not includable in gross income of the recipient for federal
income tax purposes or in taxable net income for Minnesota income tax purposes, and is not a
preference item for purposes of the computation of the federal alternative minimum tax, or the
computation of the Minnesota alternative minimum tax imposed on individuals, trusts and estates,
but such interest is includable in the computation of "adjusted current earnings," used in the
calculation of federal alternative minimum taxable income of corporations, and is subject to
. Minnesota franchise taxes on corporations (including financial institutions) measured by income
and the alternative minimum tax base. We express no opinion regarding other federal or state
tax consequences arising with respect to the Bonds. The Bonds are not arbitrage bonds and are
not private activity bonds.
We have not been asked and have not undertaken to review the accuracy, completeness
or sufficiency of the offering material relating to the Bonds, and accordingly we express no
opinion with respect thereto.
Dated at Minneapolis, Minnesota,
CAP1l0557
SH185-6
.
.
. ..
Extract of Minutes of Meeting
of the City Council of the City of
Shorewood, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Shorewood, Minnesota, was duly held in the City Hall in said City on Monday, October 28,
1996, commencing at 7:30 o'clock P.M.
The following members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's $860,000 General Obligation Water
Revenue. Bonds, Series 1996A.
The City Administrator/Clerk presented a tabulation of the proposals which had been
received in the manner specified in the Terms of Proposal for the Bonds. The proposals were
as follows:
C:APllOS71
SH18S-6
-f .
After due consideration of the proposals, Member
then introduced
the following resolution and moved its adoption:
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $860,000 GENERAL
OBLIGATION WATER REVENUE BONDS,
SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County,
Minnesota (City) as follows:
.
Section 1.
Sale of Bonds.
1.01. The proposal of (Purchaser) to
purchase $860,000 General Obligation Water Revenue Bonds, Series 1996A (Bonds) of the City
described in the Terms of Proposal thereof is found and determined to be a reasonable offer and
is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued
interest to date of delivery, for Bonds bearing interest-as follows:
Year of
Maturity
Interest
Rate
Year of
Maturity
Interest
Rate
1998
1999
2000
2001
2002
2003
- 2004
2005
2006
2007
2008
2009
2010
2011
2012
.
True interest cost:
1.02. The sum of $ being the amount proposed by the Purchaser in excess
of $848,820 will be credited to the Debt Service Fund hereinafter created. The City
Administrator/Clerk is directed to deposit the good faith check of the Purchaser, pending
completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
CAPII0571
'SH185-6
proposers forthwith. The Mayor and City Administrator/Clerk are directed to execute a contract
with the Purchaser on behalf of the City.
1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Section 444.075 (Act), in the total principal amount of $860,000, originally dated November 1,
1996, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l,
upward, bearing interest as above set forth, and maturing serially on February 1 in the years and
amounts as follows:
Year Amount Year Amount
1998 $55,000 2006 $60,000
1999 55,000 2007 55,000
2000 60,000 2008 60,000
2001 55,000 2009 55,000
. 2002 60,000 2010 60,000
2003 55,000 2011 55,000
2004 60,000 2012 60,000
2005 55,000
1.04. Optional Redemotion. The City may elect on February 1, 2006, and on any day
thereafter to prepay Bonds due on or after February 1,2007. Redemption may be in whole or
in part and if in part, at the option of the City and in such manner as the City will detennine.
If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as
defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will
determine by lot the amount of each participant's interest in such maturity to be redeemed and
each participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
.
Section 2.
Registration and Payment.
2.01. RelZistered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds will be payable on August 1 and February 1 of each year, commencing August 1,
1997, to the registered owners of record thereof as of the close of business on the fifteenth day
of the immediately preceding month, whether or not that day is a business day.
CAPl10571
SH185-6
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in \\iTiting, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new
Bonds of a like aggregate principal amount and maturity, as requested by the transferor.
The Registrar may, however, close the books for registration of any transfer after the .
fifteenth day of the month preceding each interest payment date and until that interest
payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no .
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on the Bond and for all other purposes, and
payments so made to a registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar
CAPl10571
SH185-6
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by fIrst class mail (postage prepaid) not more
than 60 and not less than 30 days prior to the date fIxed for redemption to the registered
owner of each Bond to be redeemed at the address shown on the registration books kept
by the Registrar and by publishing the notice if required by law. Failure to give notice
by publication or by mail to registered owners, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption
will cease to bear interest after the specifIed redemption date, provided that the funds for
the redemption are on deposit with the place of payment at that time.
.
2.04. Appointment of Initial Registrar. The City appoints
, , Minnesota, as the initial
Registrar. The Mayor and the City Administrator/Clerk are authorized to execute and deliver,
on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, the resulting corporation is authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon
30 days' notice arid upon the appointment of a successor Registrar, in which event the
predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar
and must deliver the bond register to the successor Registrar. On or before each principal or
interest due date, without further order of this Council, the Finance Director must transmit to the
Registrar moneys sufficient for the payment of all principal and interest then due.
CAPllOS71
SH1BS-6
2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the
direction of the Administrator/Clerk and executed on behalf of the City by the signatures of the
Mayor and the Administrator/Clerk, provided that all signatures may be printed, engraved or
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. Notwithstanding such execution, a Bond will not
be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution
unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on a Bond is conclusive evidence that it has been authenticated and delivered under
this Resolution. When the Bonds have been so prepared, executed and authenticated, the
Administrator/Clerk will deliver the same to the Purchaser upon payment of the purchase price
in accordance with the contract of sale heretofore made and executed, and the Purchaser is not
obligated to see to the application of the purchase price.
.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
[Face of the Bond]
No. R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
$
.
GENERAL OBLIGATION WATER REVENUE
BOND, SERIES 1996A
Rate
Maturity
Date of
Original Issue
CUSIP
November 1, 1996
CAPl10571
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Registered Owner: Cede & Co.
.
The City of Shorewood, Minnesota, a duly organized and existing municipal corporation
in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $ on the maturity date specified above with interest thereon from
the date hereof at the annual rate specified above, payable August 1 and February 1 in each year,
commencing August 1, 1997, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by
, Minnesota, as Bond Registrar, Paying Agent,
Transfer Agent and Authenticating Agent, or its designated successor under the Resolution
described herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith and credit and taxing powers of the City have been and
are hereby irrevocably pledged.
The City may elect on February t, 2006, and on any day thereafter to prepay Bonds due
on or after February 1, 2007. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity
are called for redemption, the City will notify The Depository Trust Company (DTC) of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot
the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for
financial institutions and within the $10 million limit allowed by the Code for the calendar year
of issue.
Additional provisions of this Bond contained on the reverse hereof have the same effect
as though fully set forth in this place.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives. .
CAPl10571
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IN WITNESS WHEREOF, the City of Shorewood, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Administrator/Clerk and has caused this Bond to be dated as
of the date set forth below.
Dated:
CITY OF SHOREWOOD, MINNESOTA
(Facsimile)
City Administrator/Clerk
Mayor
(F acsimile)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
.
By
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $860,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on October 28, 1996 .
(the Resolution), for the purpose of providing money to aid in financing various improvements
to the water system of the City, pursuant to and in full conformity with the Constitution and laws
of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapter 475 and
_the principal hereof and interest hereon are payable from the net revenues of the water system
of the City and from Special Assessments levied against property specially benefitted by system
improvements in a special debt service fund of the City, as set forth in the Resolution to which
reference is made for a full statement of rights and powers thereby conferred. The full faith and
credit of the City are irrevocably pledged for payment of this Bond and the City Council has
obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any
deficiency in net revenues and Special Assessments pledged, which taxes may be levied without
limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds
in denominations of $5,000 or any integral multiple thereof of single maturities.
CAP 11 0571
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IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the water plant system free from
competition by other like utilities; that adequate insurance on said plant and system and suitable
fidelity bonds on employees will be carried; that proper and adequate books of account will be
kept showing all receipts and disbursements relating to the Water Fund, into which it will pay
all of the gross revenues from the water system; that it will also create and maintain a General
Obligation Water Revenue Bonds, Series 1996A Debt Service Fund, into which it will pay, out
of the net revenues from the water system and Special Assessments a sum sufficient to pay
principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies,
for any deficiency in required net water system revenues and Special Assessments.
.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same date, subject to reimbursement for any tax, fee or governmental charge required to be paid
with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this. Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required, and that the issuance
of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory
limitation of indebtedness.
The following abbreviations, when used in the inscription on the face of this Bond, will
be construed as though they were written out in full according to applicable laws or regulations:
CAPl10511
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TEN COM -- as tenants
ill common
UNIF GIFT MIN ACT Custodian
(Cust) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
Act. . . .
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
.
F or value received, the undersigned
hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
attorney to transfer
within Bond, with full power of
does hereby irrevocably constitute and appoint
the said Bond on the books kept for registration of the
substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
.
Signature Guaranteed:
Signature(s) must be guaranteed by a [member of the Medallion Signature Program.] [national
bank or trust company or by a brokerage fIrm having a membership in one of the major stock
exchanges. ]
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
CAPllOS71
SH18S-6
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
.
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of the Registrar
Cede & Co.
Federal ID #13-2555119
.
3.02. The City Administrator/Clerk will obtain a copy of the proposed approving legal
opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete
except as to dating thereof and will cause the opinion to be printed on or accompany each Bond.
Section 4.
Payment: Security: Pledges and Covenants.
4.01. (a) The City will create and continue to operate its Water Fund to which will
be credited all gross revenues of the water system and out of which will be paid all
normal and reasonable expenses of current operations of the water system. Any balance
therein are deemed net revenues and will be transferred, from time to time, to a General
Obligation Water Revenue Bonds, Series 1996A Debt Service Fund (Debt Service Fund)
hereby created in the Water Fund, which fund will be used only to pay principal of and
interest on the Bonds and any other bonds similarly authorized. There will always be
retained in the Debt Service Fund a sufficient amount to pay principal of and interest on
all the Bonds described in the resolution authorizing the sale of the Bonds, and the
Administrator/Clerk must report any current or anticipated deficiency in the Debt Service
CAPl10571
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Fund to the City Council. There is appropriated to the Debt Service Fund (i) capitalized
interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase
price of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the
Purchaser upon closing and delivery of the Bonds.
(b) The proceeds of the Bonds, less the appropriations made in paragraph (a),
together with any other funds appropriated during the construction of the Projects financed
by the Bonds (as identified in Resolution No. 96-86) (Projects) will be deposited in a
separate construction fund to be used solely to defray expenses of the Projects and the
payment of principal and interest on the Bonds prior to the completion and payment of
all costs of the Projects. When the Projects are completed and the cost thereof paid, the
construction account is to be closed and any balance therein is to be deposited in the Debt
Service Fund.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long
as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following .
covenants and agreements:
(a) The City will continue to maintain and efficiently operate the water system
as public utilities and conveniences free from competition of other like utilities and will
cause all revenues therefrom to be deposited in bank accounts and credited to the water
system accounts as hereinabove provided, and will make no expenditures from those
accounts except for a duly authorized purpose and in accordance with this resolution.
(b) The City will also maintain the Debt Service Fund as a separate account
in the Water Fund and will cause money to be credited thereto from time to time, out of
net revenues from the water plant and system and Special Assessments in sums sufficient
to pay principal of and interest on the Bonds when due.
(c) The City will keep and maintain proper and adequate books of records and
accounts separate from all other records of the City in which will be complete and correct .
entries as to all transactions relating to the water system and which will be open to
inspection and copying by any bondholder, or the bondholder's agent or attorney, at any
reasonable time, and it will furnish certified transcripts therefrom upon request and upon
payment of a reasonable fee therefor, and said account will be audited at least annually
by a qualified public accountant and statements of such audit and report will be furnished
to all bondholders upon request. .
(d) The City Council will cause persons handling revenues of the water system
to be bonded in reasonable amounts for the protection of the City and the bondholders and
will cause the funds collected on account of the operations of the water system to be
deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance
Law.
CAPl10571
SH185-6
( e) The Council will keep the water system insured at all times against loss by
fire. tornado and other risks customarily insured against with an insurer or insurers in
good standing, in such amounts as are customary for like plants, to protect the holders,
from time to time, of the Bonds and the City from any loss due to any such casualty and
will apply the proceeds of such insurance to make good any such loss.
(f) The City and each and all of its officers will punctually perform all duties
with reference to the water system as required by law.
(g) The City will impose and collect charges of the nature authorized by
Minnesota Statutes. Section 444.075 at the times and in the amounts required to produce.
together with any Special Assessments designated as a source of payment of the Bonds,
net revenues adequate to pay all principal and interest when due on the Bonds and to
create and maintain such reserves securing said payments as may be provided in this
resolution.
.
(h) The City Council will levy general ad valorem taxes on all taxable property
in the City, when required to meet any deficiency in net revenues.
(i) The City has levied or will levy special assessments (Assessments) against
property specially benefitted by the construction of system improvements in accordance
with the procedures of Minnesota Statutes, Chapter 429 payable in such installments as
the City Council has determined by resolution, and all payments of the Assessments will
be credited to the Debt Service Fund for payment of prior principal and interest on the
Bonds together with net system revenues herein pledged for payment of the Bonds.
.
4.03. It is hereby determined that the estimated collection of net revenues and
Assessments for the payment of principal and interest on the Bonds will produce at least five
percent in excess of the amount needed to meet, when due, the principal and interest payments
on the Bonds and that no tax levy is needed at this time.
4.04. The City Administrator/Clerk is authorized and directed to file a certified copy of
this resolution with the Taxpayer Services Division Manager and to obtain the certificate required
by Minnesota Statutes, Section 475.63.
Section 5.
Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records
of the City relating to the Bonds and to the fmancial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their
knowledge or as shown by the books and records in their custody and under their control, relating
to the validity and marketability of the Bonds, and such instruments, including any heretofore
furnished, will be deemed representations of the City as to the facts stated therein.
CAPl10571
SH185-6
5.02. The Mayor and City Administrator/Clerk are authorized and directed to certify that
they have examined the Official Statement prepared and circulated in connection with the
issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein
as of the date of the Official Statement.
Section 6.
Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the .
Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of
the Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States if the Bonds (together with other obligations
reasonably expected to be issued in calendar year 1996) exceed the small-issuer exception amount
of $5,000,000.
(b) F or purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City fmds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate
entities of the City) during the calendar year in which the Bonds are issued and outstanding at
one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section .
148(f)( 4)(C) of the Code.
6.03. The Cityfu.nher covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
CAPll 0571
SH185-6
.
.
(b) the City designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 1996 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 1996 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System: Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company,
New York, New York, and its successors and assigns (DTC). Except as provided in this section,
all of the outstanding Bonds will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(Participants) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of
any notice . with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other. than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bond, and for all other purposes. The
Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on
the order of the respective registered owners, as shown in the registration books kept by the Bond
Registrar, and all such .payments will be valid and effectual to fully satisfy and discharge the
City's obligations with respect to payment of principal of, premium, if any, or interest on the
CAPl10571
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Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the
Administrator/Clerk of a written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of
DTC; and upon receipt of such a notice, the Administrator/Clerk will promptly deliver a copy
of the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The form of Blanket Issuer Letter of Representations
proposed to be submitted to DTC, which is on file with the Administrator/Clerk and presented
to this meeting (Representation Letter), is hereby approved, and the Administrator/Clerk is
authorized to execute and deliver the Representation Letter in substantially the form on file, with
such changes therein not inconsistent with law as the Administrator/Clerk and the City Attorney
may approve, which approval will be conclusively evidenced by the execution thereof. Any
Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds
will agree to take all action necessary for all representations of the City in the Representation
letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at
all times.
.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certifj.cates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owner in accordance with the provisions of this Resolution. DTC may determine
to discontinue providing its services with respect to the Bonds at any time by giving notice to the
City and discharging its responsibilities with respect thereto under applicable law. In such event,
if no successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices
with respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. Participating underwriters need not comply with the continuing disclosure
requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under
the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount
less than $1,000,000. Consequently, the City will not enter into any undertaking to provide
continuing disclosure of any kind with respect to the Bonds.
CAPllOS71
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF SHOREWOOD )
I, the undersigned, being the duly qualified and acting Administrator/Clerk of the City of
Shorewood, Hennepin County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on October 28, 1996 with the original minutes on file in my office and the extract is a full,
true and correct copy of the minutes insofar as they relate to the issuance and sale of $860,000 .
General Obligation Water Revenue Bonds, Series 1996A of the City.
WITNESS My hand officially as such Administrator/Clerk and the corporate seal of the
City this
day of
, 1996.
City Administrator/Clerk
Shorewood, Minnesota
(SEAL)
.
CAPl10571
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.
.
STATE OF MINNESOTA
TAXPAYER SERVICES DIVISION MANAGER'S
CERTIFICATE AS TO
REGISTRATION WHERE NO AD
VALOREM TAX LEVY
COUNTY OF HENNEPIN
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of Shorewood, on
October 28, 1996, relating to General Obligation Water Revenue Bonds, Series 1996A, in the
amount of $860,000, dated November 1, 1996, has been filed in my office and said obligations
have been registered on the register of obligations in my office.
WITNESS My hand and official seal this _ day of
, 1996.
TaXpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
By
Deputy
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#"-
.
.
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 1, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
t>-~~
tC>""
.~
MINUTES
CALL TO ORDER
Chair Borkon called the meeting to order at 7:01p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Foust, Kolstad, Lizee, Turgeon; and Planning
Director Nielsen.
Absent:
Commissioners Pisula and Rosenberger; Council Liaison Benson.
APPROVAL OF MINUTES
Turgeon moved, Lizee seconded to approve the September 17, 1996, Planning
Commission meeting minutes contingent on Commissioner Rosenberger's
approval of one correction on Page 5, and as amended on Page 6, Paragraph 2,
Sentence 1, change "part" to "park" and change "passed" to "brought to a vote."
Page 6, Item 3, add "Commissioner Kolstad expressed concern that residents
choose between the 2-foot and 4-foot setback options." Page 3, Paragraph 7,
Sentence 1, change the sentence to read, "Mr. Dalhberg asked if anyone was
expert enough to make a determination that a particular situation is a P.U.D."
Page 5, Paragraph 11, change "anyone" to "everyone." Page 4, Paragraph 2,
Sentence 2, change "City standards" to "the City's perspective." Motion passed
5/0.
1. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200
SQUARE FEET
Applicant:
Location:
Allan Larson
4320 Dellwood Lane
Chair Borkon announced the case and reviewed the procedures for a public hearing. Planning
Director Nielsen reviewed the request in detail. Corey Beyer, Mr. Larson's son-in-law, appeared
on Mr. Larson's behalf.
Chair Borkon opened the public hearing at 7:20 p.m. Hearing no public testimony, the public
hearing was closed at 7:20 p.m.
Commissioner Lizee asked if there will be any electrical in the gazebo. Nielsen noted he anticipates
there will be lighting, but stated any outside lights would need to be hooded so they are not visible
from the lake.
Commissioner Turgeon expressed concern with respect to future landscaping. Nielsen explained
Mr. Larson had obtained advice from foresters recommended by the City with respect to this issue.
Chair Borkon thanked Mr. Beyer for attending the meeting and commented the Commission
appreciates Mr. Larson's attempt to preserve the wooded look of Shorewood. Chair Borkon noted
this matter will come before the City Council for their consideration on Monday, October 28,
1996, at 7:30 p.m.
;\,;
PLANNING COMMISSION REGULAR MEETING
OCTOBER 1, 1996 - PAGE 2
Turgeon moved, Foust seconded approving a Conditional Use Permit for
accessory space over 1200 square feet for Allan Larson, 4320 Dellwood Lane,
subject to staff recommendations. Motion passed 5/0.
2. PUBLIC HEARING - C.U.P. TO CO-LOCATE PERSONAL
COMMUNICATIONS SERVICES ANTENNAS ON S.E. AREA WATER
TOWER
Applicant:
Location:
SBA, Inc. (representing Sprint Spectrum L.P.)
5500 Old Market Road
Chair Borkon announced the case and requested a review of the matter from Planning Director
Nielsen. Nielsen explained the request in detail.
Chair Borkon open the public hearing at 7:36 p.m. Hearing no public testimony, the public
hearing was closed at 7:36 p.m.
Anne Marie Solberg, SBA, Inc., appeared along with Rick Boyd, Brian Schilling and Scott .
Schackelman of Sprint Spectrum.
Chair Borkon asked if other companies wanting to install equipment would also require ground
boxes. Nielsen noted each company would have its own ground equipment, although this .
equipment is getting smaller and less conspicuous. Nielsen noted a direction from the Planning
Commission was to consider amending the ordinance so these items are not given a Conditional
Use Permit, but would be considered permitted uses with conditions.
Chair Borkon felt it was unfortunate no one had attended the public hearing because she feels this
type of request will become more and more of an issue. Chair Borkon asked how to assure future
antennas will look approximately the same. Commissioner Foust noted the size and shape of the
antenna is generally dictated by physics. Mr. Schackelman stated if another company came in
desiring to mount antennas on the water tower, it would be expected the antennas would be similar
to those being used by Sprint.
With respect to monthly rental, Commissioner Foust pointed out the League of Cities has
completed an extensive study with regard to zoning requirements and financial arrangements made .
by other cities. Nielsen noted the City has received that study.
Chair Borkon stated her major concern is the boxes on the ground and the potential for
accumulation. She commented if smaller boxes become available for a company already on a lease .
with the City, she would like to require the smaller boxes be used and the ground equipment be
screened. Commissioner Foust suggested a vault type box which could be buried underground,
however, Mr. Boyd noted periodic maintenance would be required for the ground equipment and
therefore a vault type facility would not be feasible.
Chair Borkon inquired as to the availability of documentation which reveals the boxes or antennas
are hazardous to surrounding areas. Nielsen commented in the Telecommunications Reform Act,
the federal government has determined there is no environmental hazard and cities may not refuse a
company's request on the basis of potential or perceived environmental hazard.
Commissioner Lizee asked if the ground unit would cover the entire space allotted. Ms. Solberg
noted the platform provides space for two units. She further commented the space has been
designed for expansion. In addition, Commissioner Lizee inquired when Sprint plans to have the
antennas installed. Ms. Solberg stated they would like the work completed before winter.
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PLANNING COMMISSION REGULAR MEETING
OCTOBER 1, 1996 - PAGE 3
Commissioner Foust inquired when the capacity would be exhausted on this site. Mr. Boyd noted
with the ability to add a second BTS unit, he does not anticipate exhausting the capacity.
Commissioner Kolstad inquired if a mailing had been completed to residents in the area. Nielsen
stated notice had been sent to all residents within 500 feet of the site.
Commissioner Kolstad stated she would like restrictions on how the antennas look on the water
tower. Commissioner Foust related his understanding this conditional use was only for PCS and
no other services. Nielsen confIrmed this is specifIc to their request. Chair Borkon clarifIed the
Planning Commission is not discussing amending the ordinance to allow uses with conditions, but
that the Commission is discussing a C.U.P. Nielsen noted an ordinance amendment would come
back at some future time, possibly a work session in October.
Commissioner Foust inquired how many cell sites Sprint has identifIed for placement Shorewood
and Mr. Boyd confIrmed this to be the only site.
Turgeon moved, Foust seconded approving a Conditional Use Permit to co-locate
personal communications services antennas on the Shorewood water tower for
SBA, Inc., (representing Sprint Spectrum L.P.), 5500 Old Market Road, subject
to staff recommendations. Motion passed 5/0.
Chair Borkon noted this issue will come before the City Council for their consideration on
Monday, October 28, 1996, at 7:30 p.m.
3. PUBLIC HEARING - APPEAL INTERPRETATION OF CITY CODE
REGARDING NONCONFORMING DOCKS (Tabled at the 9/3/96 Planning
Commission Meeting)
Applicant:
Location:
James Cabalka
58XX Christmas Lake Road
Chair Borkon announced the case and reviewed the procedure to be followed for a public hearing.
Chair Borkon then requested a review of the matter from Planning Director Nielsen. Nielsen noted
this matter had been tabled at the September 3, 1996, meeting of the Planning Commission to
allow Mr. Cabalka an opportunity to provide verifIcation that the dock on his property was in
existence prior to the City's current codes.
Mr. Cabalka appeared to address the Commission. He stated he attempted to respond to the
direction of the Planning Commission and focused on the primary issue of grandfathering.
Mr. Cabalka noted he withheld a letter from the Hillius family regarding, at the time of their pre-
purchase, how Mr. Cabalka explained about the dock and their property. He noted comments have
been made there was no dock at the time of the Hillius sale to Kuester in 1990 and he stated he
would address those comments if it became necessary.
Mr. Cabalka pointed out the Planning Commission received many letters, some which were
unsolicited, from people who recall a dock having been in existence for many years. Mr. Cabalka
was not in agreement with comments made at the September 3, 1996, Planning Commission
meeting indicating four power boats were noticed at the dock and that there has been increased
activity at the dock.
Chair Borkon opened the public hearing at 8:16 p.m.
PLANNING COlVIMISSION REGULAR MEETING
OCTOBER 1, 1996 - PAGE 4
Kevin Kuester, appeared to address the Commission stating he was curious about a document
which was falsified to the City. Chair Borkon clarified that even though Mr. Cabalka states there
were two docks on property, he asked the surveyor at the time of the survey not to show the
second dock on the property because he would not have been in compliance with the local
ordinance. That was the reason the dock in question was not reflected on the original survey.
Hearing no further public testimony, the public hearing was closed at 8:19 p.m.
Chair Borkon asked for input on how the Planning Commission would be expected to proceed on
this issue. Nielsen stated the Planning Commission is required by the ordinance to make
determinations on appeals of the zoning ordinance. Chair Borkon asked if the City Attorney
should be included in this discussion. Nielsen stated the City Attorney has been copied on this
material and he had not noted any suggestions on this matter.
Chair Borkon noted Mr. Cabalka had been asked to produce proofby way of letters and written
documentation, however, she did receive calls and letters to the contrary. Chair Borkon pointed
out she has not seen any conclusive evidence to show a dock had been in existence.
Commissioner Turgeon did not feel the burden of proof had been met.
Commissioner Foust felt Mr. Cabalka had complied with the request of the Planning Commission.
Commissioner Turgeon pointed out he had been asked to obtain other proof as well.
Commissioner Kolstad noted other situations could come up in the future and she did not feel
enough evidence had been presented to support this issue one way or the other and that conclusive
evidence to support the claim would be needed.
Commissioner Lizee noted her concurrence with Commissioner Kolstad. Chair Borkon noted her
concurrence as well. Commissioner Turgeon noted the Planning Commission had asked for aerial
photos, surveys and letters. She pointed out the Planning Commission received a few letters and
an equal number to the opposite.
Chair Borkon asked for any other evidence which could be provided. Mr. Cabalka noted it would
be hard to prove. He pointed out in going into a civil suit, the burden of proof will transfer to the
City rather than himself. He feels he has done everything humanly possible to prove his point.
Mr. Cabalka feels things are hidden by nature and there would not be any aerial surveys which
would show the dock due to ice on the lake.
Commissioner Kolstad suggested if Mr. Cabalka is able to come up with any new evidence, this
could possibly be addressed by the City Council.
Chair Borkon asked what uses of the property would still be able to Mr. Cabalka. Nielsen stated
the beach could be used for fishing, swimming and picnicking.
Turgeon moved, Kolstad seconded to deny the appeal of the interpretation of the
City Code regarding nonconforming docks for James Cabalka, 58XX Christmas
Lake Road. Motion passed 4/1. Foust was the dissenting vote.
Chair Borkon noted this matter will come before the City Council on Monday, October 28, 1996,
at 7:30 p.m. She informed Mr. Cabalka if he is able to locate conclusive evidence, it would be
imperative to bring that with him to that meeting.
Chair Borkon suggested Mr. Cabalka speak with Mr. Zinn with respect to possible aerial photos of
the area. Planning Director Nielsen noted the city may have some information with respect to other
aerial photos and suggested Mr. Cabalka call him regarding this. Commissioner Lizee also gave
Mr. Cabalka another source to contact.
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PLANNING COMMISSION REGULAR MEETING
OCTOBER 1, 1996 - PAGE 5
4. MATTERS FROM THE FLOOR - None
5. REPORTS
Commissioner Kolstad reported on the City Council Work Study Session in which the Council
addressed the snowmobile ordinance. City Administrator Hurm was instructed to put together an
implementation plan to be reviewed. In addition, the lake access issue will be referred to the
Planning Commission.
Commissioner Kolstad also thanked everyone for their thoughts and wishes at the recent death of
her mother.
Commissioner Lizee reported on the Park Commission meeting. The trail survey was reviewed
and there is support for an off street trail or improved trail in various locations. Commissioner
Lizee reported a petition was presented to the City Council for an off street trail on Smithtown
Road from County Road 19 to the Victoria border. This matter will be referred to the Park
Commission to consider.
Commissioner Kolstad suggested looking at ways to make a more extensive effort to ensure people
are informed of public hearings. Nielsen commented the notices are currently sent to residents
within 500 feet of the subject area. The legal requirement would be to send notice to residents
within 350 feet of the subject area. Chair Borkon inquired if the Shorewood notifications in the
Sun Sailor could perhaps have a border so they stand out more. In addition, the City of
Shorewood newsletter could reflect upcoming public hearings. Nielsen pointed out the City pays a
certain rate for legal notices.
Commissioner Turgeon suggested a particular type of envelope noting a public hearing notice is
enclosed. Commissioner Lizee was in agreement with this. Chair Borkon suggested posting signs
on property which is the subject of a public hearing. Chair Borkon asked Planning Director
Nielsen to approach the City Council with this request. Nielsen stated he will also check with
other communities to ascertain their noticing procedures.
6. ADJOURNMENT
Lizee moved, Turgeon seconded to adjourn. the meeting at 8:58 p.m. Motion
passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat
Recording Secretary
TimeSaver Off Site Secretarial
,.. :t-2;'1996 11:0938All
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Page 1 of
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CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE
PLANS FOR WATTEN PONDS P.U.D.
WHEREAS, Dahls1rom Abingdon LLP (Applicant) has an interest in real
property located in the City of Shorewood, County of Hennepin, legally described in
Exhibit A, attached hereto and made a part hereof; and
"WHEREAS, the Applicant has applied to the City for approval of a rezoning of
the property from R-1A, Single-Family Residential to R-1C, Single-Family Residential,
and a conditional use permit for his Concept Stage Plans for the cons1ruction of a
residential planned unit development known as Watten Ponds P.U.D., containing twelve
(12) single-family lots on approximately 14.7 acres ofland; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
27 February 1996 and 2 March 1996; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in memoranda to the Planning Commission, dated
1 March 1996; and
WHEREAS, the Planning Commission conducted a public hearing on the
request on 4 March 1996, after which it recommended to the City Council that the
request be denied; and
WHEREAS, in his letter, dated 22 May 1996, the Applicant requested that the
City Council not take action on his request and that a revised application be referred
back to the Planning Commission; and
WHEREAS, the Applicant applied for a rezoning of the property from R-1A,
Single-Family Residential to P.U.D., Planned Unit Development Dis1rict, and requested
approval of Concept and Development Stage Plans for the cons1ruction often (10)
single-family residential lots; and
WHEREAS, the Applicant's revised plans were reviewed by the City Planner
and his recommendations were duly set forth in a memorandum to the Planning
Commission, dated 21 June 1996; and
b.A.
:t-24-i99b 1209: 38AM
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Page 3 of
WHEREAS, the Applicant's revised plans were reviewed by the City Engineer
and his recommendations were duly set forth in a memorandum to the Planning
Commission, dated 30 August 1996; and
WHEREAS, after taking additional public testimony, at its regular meeting of 17
September 1996 recommended approval of Concept and Development Stage Plans for
the Watten Ponds P.U.D., subject to conditions; and
WHEREAS, the Applicant's revised plans were considered by the City Council
at a public hearing at their regular meeting of 14 October 1996, at which time the City
Planner's memorandum, the City Engineer's memorandum, and the minutes of the
Planning Commission were reviewed, and comments were heard by the City Council
from the Applicant, the staff and members of the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the existing zoning of the property is R-1A, Single-Family
Residential and that the northerly portion of the property is also subject to the
requirements of the S, Shoreland (overlay) District.
2. That the total area of the property is approximately 14.7 acres, consisting
of three parcels, two of which are occupied by existing single-family dwellings, and of
which approximately 4.9 acres are City-designated wetlands.
3. That the Applicant proposes to remove the existing dwelling on the
northerly parcel, and subdivide the entire property into 10 single-family lots, . one of
which will have the remaining existing dwelling on it.
4. That the lots range in size from 20,277 to 144,416 square feet in area and
average 36,330 square feet in area.
5. That the proposed net density of 1.05 units per 40,000 square feet is
consistent with the Shorewood Comprehensive Plan which recommends a density of one
to two units per 40,000 square feet for the property.
6. That a wetland delineation report was prepared by the Applicant' s
engineers, which identified additional wetlands on the property which are protected by
the Wetland Conservation Act (WCA).
7. That the Applicant proposes has designated all wetland areas on the
property as outlots to be dedicated to the City of Shorewood.
:t-24~1996 12:09:38/J!
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Page 4 of
-2-
8. That 1he Applicant proposes to cons1ruct a retention pond in 1he nor1hwest
comer of1he property, which pond will be cons1ructed to National Urban Runoff
Program (NURP) standards.
9. That1he Minnehaha Creek Watershed District (MCWD) has approved
1he Applicant's Permit Application No. 96-158, dated 19 September 1996, subject to
conditions.
10. That 1he property is significantly wooded and is characterized by steep
topography in 1he sou1hwest portion of1he property.
11. That 1he Applicant has submitted a detailed tree inventory of 1he property,
consistent wi1h Shorewood's Tree Preservation and Reforestation Policy.
12. That 1he revised plans for 1he property propose to protect a row of large
evergreen trees on 1he sou1h side of1he proposed road and a stand of large maple trees
in 1he nor1heast comer of 1he site.
CONCLUSIONS
A. That 1he density of 1he proposed plan is wi1hin 1he guidelines of 1he
Shorewood Comprehensive Plan and Zoning Code.
B. That 1he Applicant's request for Concept and Development Stage P.U.D.
approval for 10 single-family residential lots (including one of1he existing homes) is
hereby approved, subject to 1he following conditions and restrictions:
1. Deed restrictions shall be recorded against Lot 7, Block 2 stating
1hat will not be further divided.
2. The Applicant shall dedicate a conservation easement over 1he
steep slopes on 1he west side of Lot 7, Block 2.
3. A minimum 3 S-foot natural buffer will be maintained adjoining all
City-designated and Wetland Conservation Act wetlands. The City reserves 1he
right to impose a greater wetland setback for certain lots at 1he time final plans
are approved for 1he P.U.D.
4. A IS-foot s1ructure setback shall be maintained from 1he buffer
areas referenced in 3. above.
5. The Applicant shall dedicate wetland conservation easements over
1he City-designated and Wetland Conservation Act wetlands and 1he buffer area
required in 3. above.
. :t-2H936 1209:38AM
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Page 5 of
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6. Upon completion offinal grading, the Applicant shall cause his
surveyor to place survey monuments locating the wetland buffer area of each lot.
7. The Applicant shall record deed restrictions against all lots
abutting wetlands restricting fencing, mowing, yard waste disposal and fertilizer
application within wetland buffer areas.
8.
follows:
Required minimum setbacks within the P.UD. shall be as
Front
Rear:
Side:
Side Abutting S1reet
Wetland Buffer/Setback:
35 feet*
40 feet
10 feet
35 feet*
35/15 feet**
* For purposes of this P.UD. the front of Lot 1, Block 1 shall be
the southerly lot line abutting the new s1reet
** The wetland buffer and setback may be increased in the final
plan stage of the P.UD. process for certain lots
9. Prior to any site grading commencing on the property the
Applicant must erect construction and 1ree preservation barriers adjacent to the
most sensitive areas of the property.
10. Individual lots shall be custom graded observing the following
measures for each homesite:
a.
Submit a 'tree preservation and reforestation plan with each lot.
Initial staking of the house should include staking of construction
barriers.
Tree preservation plans should indicate 1rees to be saved and
where construction barriers and fencing will be located. The .
preservation plan must indicate what type of warning signage will
be placed around tree protection areas.
Building plans shall indicate where utilities will extend into the
house.
A working zone not exceeding 15 feet should be shown on all
building plans.
Building plans must indicate where stockpiled materials will be
placed. .
All building permits shall include a cash escrow to guarantee
maintenance of construction fencing and erosion control barriers.
The escrows will be used by the City to maintain the barriers if
the builders fail to do so.
b.
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d.
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~ ~t-21-1996 1209:!AX
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Page 6 of
11. The Applicant must submit a landscape and reforestation plan as
part of his [mal plan submission.
-4-
C. City Council approval of the Concept and Development Stage
Plans is subject to all applicable standards, regulations, and requirements offue
Shorewood City Code, including, but not limited to the following:
1. Section 1201.25 regarding the procedures for review and
approval of Planned Unit Development zoning districts;
2. Section 1201.25 Subd. 6.(b)(1) regarding the purpose of
concept plan approval.
D. Approval of the Concept and Developments Stage Plans is not
intended, nor does it act to grant approval of a Final Plan which is
required pursuant to Section 1201.25 Subd. 6(d).
Adopted by the City Council of the City of Shorewood this 28th day of October,
1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DAlE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
30 September 1996
Larson, Allan - C.U.P. for Accessory Space in Excess of 1200 Square Feet
405 (96.22)
BACKGROUND
Mr. Allan Larson proposes to construct a gazebo on his property located at 4320 Dellwood Lane
(see Site Location map - Exhibit A, attached). Since the total area of accessory space on the
property will exceed 1200 square feet, he has requested a conditional use permit pursuant to
Section 1201.03 Subd. 2.d.(4) of the City Code.
The subject property is zoned R-IC, Single-Family Residential and is also subject to the
requirements of the S, Shoreland District. As can be seen on Exhibit B, the property is
occupied by Mr. Larson's existing home which includes an attached garage and a detached
garage for which Mr. Larson received a conditional use permit in 1992. It should be noted th3;t
the applicant's property consists of two lots which have been legally combined into one parcel.
The total area of the site is 49,576 square feet.
The proposed building is hexagonal in shape and contains 177 square feet of floor area. As part
of a major addition and remodeling project part of the existing attached garage is being
converted to living area, leaving 847 square feet. The detached garage contains 964 square feet.
Combined with the garage areas, the gazebo brings the total amount of accessory space to 1988
square feet. Including the new addition and converted garage space, the house will contain
4900 square feet of area.
ANAL YSIS/RECOMMENDATION
Following is how the applicant's request complies with the City's Code requirements:
1. The total area of accessory space (1988 sq. ft.) does not exceed the total area above grade
(4900 sq. ft.) of the existing structure.
2. The total area of accessory space does not exceed ten percent of the minimum lot size for
the zoning district in which it is located (.10 x 20,000 sq. ft. = 2000 sq. ft.).
A Residential Community on Lake Minnetonka's South Shore
~J3
.
.
Re: Larson, Allan
C.U.P. for Accessory Space
30 September 1996
3. The proposed building complies with the setbacks of the R-1C/S zoning district. Total lot
coverage on the property, including the proposed gazebo is 24.7 percent.
4. The architectural character (building materials, roof pitch, etc.) of the proposed building is
consistent with that of the existing house and garage.
The applicant's proposal is considered to be consistent with Shorewood's zoning requirements.
Approval of the C. U.P. is therefore recommended.
BJN:ph
cc:
Jim Hurm
Tim Keane
Allan Larson
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Exhibit B
PROPOSED SITE PLAN
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Featured Gazebos are created by Outdoor Designs-
. a small group of craftsmen with a history of exceptional
wood finishing experience. We use only hand selected
Western Red Cedar for our proven construction detail. And,
we pre-assemble many of our hand crafted parts to make self-
installation a breeze.
The unique floor pictured is constructed of hand-selected
2x6 tongue and groove cedar. This is built on a 2x8 cedar
framework, and can be purchased pre-assembled.
Specifications: ARCHWOOD PALISADE LAKELlNE MARQUEE SYLVAN GRANDVIEW
Specifications in Inches Except
Where Indicated Otherwise 13' 16' 13' 16' 11' 13' 16' 11' 13' 16' 13' 16' 11' 13' 16
A: Height. Base to Spire Tip 156 162 156 162 143 150 162 143 150 162 156 162 143 150 162
B: Height, Base to Cupola 120 122 120 122 108 114 122 108 114 122 120 122 108 114 122
C: Wall Panel Height 90 90 90 90 84 84 90 84 84 90 90 90 84 84 90
0: Base to Top of Rail 18 18 24 to 30 33 33 33 33 33 33 18 18 33 33 33
E: Height of Floor 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9
F: Width of Panel 62 72 62 72 50 62 72 50 62 72 62 72 50 62 72
G: Width of Door 36 36 30 30 30 30 30 30 30 30 30 36 30 30 36
H: Overall Width Including Overhang 170 199 170 199 145 170 199 145 170 199 170 199 145 170 199
I: Gazebo Width, Flat to Flat 150 175 150 175 121 150 175 121 150 175 150 175 121 150 175
J: Gazebo Width, Point to Point 162 188 162 188 131 162 188 131 162 188 162 188 131 162 188
K: Square Footage 130' ln' 130' ln' 84' 130' 177' 84' 130' ln' 130' ln' 84' 130' 177'
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Sizes listed are :t %"
Specifications Subject to Change Without Notice
. Outdoor Designs · 197 George Street · Excelsior, MN 55331 · 612/474-8328
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Perimeter bench seating can be pur-
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Exhibit C
PROPOSED GAZEBO
-.. "
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
:MEMORANDUM
.
TO:
FROM:
DATE:
RE:
Planning Commission, Mayor and City Council
Brad Nielsen
26 September 1996
Sprint Spectrum, L.P. - Conditional Use Permit for Communications Equipment
on Southeast Area Water Tower Site
FILE NO.:
405 (96.21)
BACKGROUND
SBA, Inc., representing Sprint Spectrum, L.P., has requested approval of a conditional use
permit to locate communications equipment at Shorewood's Southeast Area Water Tower site.
.
The property is located at 5500 Old Market Road (see Site Location map - Exhibit A, attached),
contains 40,000 square feet of area and is zoned R-IA, Single-Family Residential. Land use
and zoning surrounding the property are as follows:
North - State Hig.p.way 7, then single-family and two-family senior housing, ~
zoned R-2A
East - Commercial and two-family residential (also single-family residential to the
southeast), zoned P.U.D.
South - cemetery, zoned R-IA
West - open space (part of S.T.H. 7 r.o.w.), zoned R-IA
In August the City Council authorized SBA to make an application for a conditional use permit.
The applicant proposes to lease approximately 400 sqQare feet of space near the base of the
water tower for their equipment. They also propose to install as many as 12 antennae on the
pedestal of the water tower. The applicant's plans include Exhibit B, Site Plan and Exhibit C,
Proposed Elevations. A letter from SBA, dated 9 September 1996 (Attachment 1), provides
additional background for the request. Attachment 2 contains a proposed landscape plan.
A Residential Communitv on Lake Minnetonka's South Shore
GG
.
.
Re: Sprint Spectrum, L.P.
C.U.P. for Communication Equipment
26 September 1996
ISSUES AND ANALYSIS
A. Telecommunications Reform Act of 1996. This federal law, adopted in January of 1996,
allows cities to maintain local zoning authority over wireless communication facilities,
however, the law states that local government shall not 1) unreasonably discriminate among
providers of functionally equivalent services; 2) shall not prohibit the provisions of
personal wireless services; and 3) shall not regulate the placement, construction and
modification of personal wireless service facilities on the basis of the environmental effects
of radio frequency emissions to the extent that such facilities comply with the FCC's
regulations concerning such emissions. Therefore cities cannot outright prohibit PCS
antennas in all districts.
The Planning Commission began studying PCS in May of this year (see Planner's
memorandum, dated 16 May 1996) and came to the conclusion that using existing facilities
in the community (e.g. water towers) is preferable to constructing additional freestanding
towers or monopoles. The Sprint application is consistent with the Planning
Commission's recommendations.
B. Ground Equipment. As shown on Exhibit B, the applicant proposes a fenced-in enclosure
measuring approximately 20' x 20' to secure their equipment. Unlike the existing AT&T
equipment currently loc"ated on the property, the new PCS equipment is smaller and
requires no building. The enclosure is tucked back behind the AT&T facilities which are
already very well screened from residential view.
Attachment 2 contains a proposed landscape plan for the facility. The plan proposes to
move three of the existing spruce trees on the west side of the tower to the north, add two
six - foot spruce to the northwest of the enclosure and plant a row of large arborvitae along
the west side of the new fence. This is a continuation of the low maintenance landscape
plan which has already been established on the site.
The plan proposes an access easement which will wrap around the water tower to the
equipment area. There is still some question as to whether the applicant will require a
permanent surface for periodic maintenance of the equipment. If a surface is required for
vehicles the City Engineer recommends that it be minimal width and bituminous.
C. Antenna Configuration. The proposed antennas will be located around the pedestal of the
water tower, just beneath the paint rings. Measuring 6"w x 2"d x 64"h, and weighing only
nine pounds, these are the least conspicuous of antenna styles. It is recommended that the
antennas be required to be the same color as the water tower so as to blend in. The
applicant is required to prepare an engineering study to guarantee that there will be no
electrical interference with nearby properties or other equipment on the tower. Connections
to the tower must be designed and inspected by a structural engineer.
D. Lighting. Given the location of the antennas on the pedestal no additional lighting is
required on the tower. The plans do not indicate if any security lighting is proposed, but if
it is it should be kept to a minimum and hooded so that the source is not visible from
nearby properties or streets.
2
Re: Sprint Spectrum, L.P.
C.U.P. for Communication Equipment
26 September 1996
E. Lease Agreement. The City has a lease agreement with AT&T for the equipment already in
place on the water tower site. This agreement should be updated to include:
.
· Monthly rental and duration of the agreement (the League of Minnesota Cities has
compiled a considerable amount of information on this topic which will distributed to
the Council)
· Insurance coverage
· Financial coverage
· Understanding of existing and future co-location requirements
· Waiver of liability in the event the antennas must be removed (e.g. for tower
maintenance)
· Supervised access to the water tower for antenna construction and maintenance
· Equipment and landscape maintenance (the City will continue to maintain the grounds,
the applicant will be required to replace landscape materials which may be lost)
· Antenna replacement to be subject to design approval by the City Council (dish
antennas will not be allowed)
RECOMMENDATION
.
The applicant has submitted a photo image of how the proposed antennas will appear on our
water tower. This will be available for review at the public hearing on Tuesday, 1 October. It
is recommended that the applicant's request for a conditional use permit be granted on the basis
of the plans submitted. This approval should be subject to the following:
1 . The applicant must enter into a lease agreement to be negotiated with the City Council.
2. Plans and specifications are subject to review and approval by the City Engineer.
3 . The applicant must provide a cash security or letter of credit extending for two growing
seasons to guarantee that proposed landscaping will be provided.
cc: Jim Hurm
Larry Brown
Tim Keane
Anne Marie Solberg
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EXISTING ANTENNA
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SECTION OF' TOWER AND COMPOUND F'ACING WEST
SEE OWG MSC208A 1
09/18/96 GENERAL REVISIONS F"OR ZONING
1 08/02 96 ISSUEO F"OR ZONING
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2. APPROXIMATE RUNS 0, COAX CABLE FROM RFFE TO ANTENNA ARE 210'
FOR SECTOR I, 200' FOR SECTOR 2, '80' FOR SECTOR 3.
3. CENTERLINE ANTENNA ELEVATION A80vE GRAOE IS 88' -0" ANTENNAS TO 8E
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MINNEAPOLIS MTA SITE 208
Exhibit C
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FAX: (612) 830-1924. Phone: (612) 830-1555
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September 9, 1996
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Planning Commission Members
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
ATTN: Bradley J. Nielsen
":>'/
RE:
Co-location of Antennas on City of Shorewood Water Tower
5500 Old Market Road, Shorewood, Minnesota 55331
Application for Conditional Use Permit Per City Code Section 1201.04
by Sprint Spectrum, L.P. Minneapolis
.
Members of the Planning Commission:
Please find enclosed an application for a Conditional Use Permit to co-locate Personal Communications
Services (PCS) antennas on the above-referenced property. This request is being made by SBA, Inc. on
behalf of Sprint Spectrum L.P. (SSLP).
.
SBA, Inc. is a telecommunications consulting firm specializing in wireless telecommunications site
development. SBA, Inc. has been retained by SSLP to lease. zone, and construct Personal
Communications Services (PCS) tower and antenna sites within 11 counties of the Twin Cities metro
area and a small portion of Wisconsin. SSLP is an alliance of the following four major corporations: 1)
Sprint Corporation; 2) Tele-Communications Incorporated (TCI); 3) Cox Communications; and 4) Comcast
Corporation. This alliance will enable SSLP to provide consumers with a variety of telecommunication
services, including focal telephone service. long distance telepl:1one service. wireless communications, and
cable services.
A Conditional Use Permit is requested in order to complete construction of a national PCS infrastructure
network now being developed by SSLP. The City of Shorewood is strategically located within the
Minneapolis Major Trade Area (MTA). The above-referenced site was chosen based on the following
criteria: '
· compatibility with adjacent fand uses;
· consideration of applicable zoning and permit requirements;
. a willing landlord;
· absence of topographic obstructions such as towers, mountains. hills, buildings, etc.;
· coverage and capacity requirements for the'service area as identified by
SSLP Radio Frequency (RF) Engineers.
The ground-site will encompass a leased area of approximately 400 square feet. A pre-assembled Base
Transceiver Station (BTS) will be placed within the leased ground area at the base of the water tower. The
BTS contains radio frequency transceivers and self-contained batteries for back-up power and houses
SHWCCD,DOC
ATTACHMENT 1
radio, computer and climate control equipment for this site. It is connected to amplifiers, commercial
electrical service and public T-1 Line service. SSLP will pay for all costs of actual electrical and telephone
service used at the site. A control unit equipped with its own built-in HVAC will be located inside the BTS.
More than one BTS may be necessary to provide adequate service for the antennas. This equipment may
be sheltered by an enclosed shed. No water or plumbing will be necessary for this site. Landscaping and
safety features will be provided in accordance with the City Zoning Ordinance.
Up to twelve directional antennas will be mounted on the tower in three sectors oriented at 000' , 120' , and
240' from true north. The antennas attached to the tower will transmit and receive FCC-approved radio
signals which carry voice and data between the PCS system users and the SSLP central switching
network. The physical size of the antennas may vary, but the average size of an antenna is approximately
6 feet long and 12 inches wide.
SSLP will be responsible for all maintenance issues that arise in connection with or as a result of the
antenna site. A site plan and drawings of this project accompany the attached application.
.
Interference Issues
SSLP will resolve technical interference problems with other equipment located at the site before co-
locating. The PCS system operates on a specific set of channels licensed exclusively to SSLP by the
Federal Communications Commission for provision of high quality mobile service for the benefit of the
public good. SSLP is currently licensed to operate in over 29 major markets nationwide with hundreds of
antennas.
Compliance With Laws
SSLP will substantially comply with all applicable laws relating to its possession and use of the Site. All
SSLP wireless sites must be operated in accordance with our FCC license to provide PCS service to this
area.
Insurance
SSLP will procure and maintain a public liability policy, with limits of $1,000,000 for bodily injury, $1,000,000
for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to the City within
thirty (30) days of written request. Such policy will provide that cancellation will not occur without at least
fifteen (15) days prior written notice to the City..
.
Conclusion
We hope this correspondence and enclosures explain our application and address the requirements by
your city ordinance. Should you have any questions regarding the attached Application for Conditional Use
Permit or would like to discuss PCS technology further, please feel free to contact me at 612/830-1555,
extension 235. SSLP and SBA, Inc. appreciate the assistance that we have received from the City Staff
and we look forward to working with you to better serve the public in this area.
Thank you in advance for your consideration of this matter.
Sincerely, ~
2~v
SBA Inc. Zoning Manager
I\userslanneman\wpdalaICUP/SHWOOO.c:oc
SHWCCO.DOC
EXHIBIT A
Sprint Spectrum, L.P.
Application for Conditional Use Permit
5 1~;-;T H:CTRl'M .\lINNE,\?Ol.iS
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I Site Information:
Applicant
Contact
Site Location
Current Zoning
Municipal Utilities
Sprint Spectrum, L.P. Minneapolis
Dale Runkle, Zoning Manager, SBA, Inc.
5500 Old Market Road, Shorewood, Minnesota 55331
R-1A, Single Family Residential District
The Site is presently not served by municipal utilities.
.
I Adjacent Zoning
1-
Direction
North
South
East
West
Zone
R-2A Single and Two Family Residential District
R-1A Single Family Residential DistrictlS Shoreland
PUD Planned Unit Development
R-1A Single Family ResidentiallPUD Planned Unit Development
I Case History
The subject site is located on a portion of:
The South 200.00 feet of the East 200.00 feet of lot 34. AUDITOR'S SUBDIVISION NUMBER 141.
Hennepin County, Minnesota.
.
1 Introduction
Sprint Spectrum, L.P. Minneapolis is requesting a Conditional Use Permit in order to construct a wireless
telecommunications tower.
Exhibits are attached as follows:
Exhibit A-1 - Application for Conditional Use Permit and Fee
Exhibit A-2 - Site development plan, which shall include:
(a) Location of all buildings on lots, including both existing and proposed structures.
(b) Location of all adjacent buildings located within five hundred feet (500') of the
exterior boundaries of the property in question.
(c) Location and number of existing and proposed parking spaces.
(d) Vehicular circulation.
(e) Architectural elevations (type and materials used in all external surfaces).
(f) Location and candle power of all illuminators.
(g) Curb cuts, driveways, numbers of parking spaces.
Exhibit A-3 -Dimension plan, which shall include:
(a) Lot dimensions and area.
(b) Dimensions of proposed and existing structures.
SH'lVOOD.COC
.
(c) "Typical" floor plan and "typical" room plan.
(d) Setbacks of all buildings on property in question.
(e) Proposed setbacks.
Exhibit A-4 - Grading Plan, which shall include:
(a) Existing contour.
(b) Proposed grading elevations.
Certificate of Survey
(c) Drainage Configuration.
(d) Storm sewer catch basins and invert elevations.
(e) Spot elevations.
(f) Proposed road profile.
Exhibit A-5 - Landscape plan which shall include:
(a) Location of all existing tress, type, diameter, and which trees will be removed.
Certificate of Survey
(b) Location, type and diameter of all proposed plantings.
(c) Location of and material used for all screening devices.
Exhibit A-6 - Legal description of property under consideration
Exhibit A-7 -Proof of ownership of the land for which a conditional use permit is requested.
Please note that Sprint Spectrum and the City of Shorewood are presently negotiating a
lease for purposes of this Conditional Use Permit Application.
Exhibit C - Certificate of Survey
Exhibit D - Construction Drawings
Exhibit E - Aerial Map
Exhibit F - Information Regarding Fencing of Site
The Conditional Use Permit is being requested pursuant to City Code Section 1201.04.
I Findings
Criteria 1:
The criteria required for the granting of Conditional Use Permits are listed below with findings:
.
Finding 1:
Criteria 2:
Finding 2:
Criteria 3:
Finding 3:
Criteria 4:
Finding 4:
SHWOOD.JCC
The proposed use will be consistent with the City Comprehensive Plan.
Allowing PCS antennas to be located on this site, subject to reasonable conditions, is
consistent with the purpose and intent of the Zoning Ordinance and Comprehensive Plan
The proposed use is compatible with present and future land uses in the area.
The use as conditioned is compatible with present and future land uses in the area.
Utilizing the existing water tower will both minimize the number of telecommunications
towers in the City of Shore wood and provide additional income to the City of Shore wood.
The use will not tend to or actually depreciate the area in which it is proposed.
There is no evidence that the use as conditioned will be injurious to the uses and the
enjoyment of other property in the immediate vicinity or would substantially diminish or
impair property values within the area.
The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
The proposed use can be accommodated with existing publiC services and will not
overburden the City's service capacity. The proposed use requires electric and telephone
EXHIBIT B
Sprint Spectrum, L.P.
Application for Conditional Use Permit
PCS Technology & Information
Background
In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the range of 1,850 to
1,990 MHz band of the radio spectrum for 51 Major Trading Areas (MTAs) of the United States for use as
Personal Communications Services. SSLP purchased licenses for 29 of these 51 MT As. These licenses, in
combination with the licenses awarded to its affiliates and other providers, will enable SSLP to offer
seamless Personal Communications Services virtually anywhere in the country.
What is PCS?
PCS is a new wireless telecommunications service that is personalized to the individual. PCS
technology will allow a variety of telecommunication services, including:
.
· Local and long distance telephone services;
. Cable services;
· Portable telephones and facsimile transmission capability;
. Paging:
· Numeric paging using the portable telephone screen;
· Interactive paging (2-way paging which allows the sender to track where the
message is sent, and when it has been received.);
· Voice mail service;
· Caller 10;
· International roaming capability; and
· In the future, computer use and video images will be available through the PCS network.
The types and features of services that each subscriber desires will be customized to his or her unique
needs. Telephone numbers used in PCS handsets will be assigned speCifically to an individual user, a
Personal Communications Number (PCN). The main advantage of a PCN is access to a variety of
features and services with a single telephone number. A PCN will also allow the network to track the
individual at all times.
.
Benefits of PCS over Cellular
PCS has several advantages over existing cellular telephone service, including improved service quality
through the use of digital technology, enhanced service features, increased mobility, more compact radio
equipment, and lowered price.
Digital Technology
PCS utilizes the latest digital technology. This will facilitate improved call clarity, but
more importantly, clean data communication. A PCS customer will be able to
communicate through voice and data simultaneously using the same handset without
interference to either activity. In addition, computer users will be able to run applications
and retrieve data faster from remote locations using their handset. PCS technology also
assures less static and fading than current cellular technology and results in fewer
dropped calls.
Improved Security
Digital technology provides more security than analog, the technology traditionally used
by the cellular industry. Calls in digital format cannot be overheard with the simple
SHWOCD.DOC
.
.
scanners currently used to eavesdrop on cellular calls. Eavesdropping on PCS
transmissions is technically possible yet requires special equipment and technical skill
which most eavesdroppers lack.
Increased Mobility
PCS allows greater mobility through seamless roaming across PCS and landline service
areas. The portable PCS handsets may be taken anywhere and will function with
consistent clarity and power.
One Telephone Number
Each individual subscriber of PCS will be assigned a Personal Communications Number
(PCN). The main advantage of a PCN is that it will allow access to a variety of features
and services with a single telephone number. A PCN will also allow the network to track
the individual at all times. regardless of location or service provider.
Lower Cost for Service
PCS service providers anticipate that the cost of PCS to their customers will be
significantly less than the cost of cellular service. While the initial cost for the service
and handsets will be similar to that of cellular, as demand increases, both carriers and
manufacturers will be able to lower their price significantly.
Increasing Demand
There is a growing demand for wireless services as evidenced by the fact that subscriptions to
cellular telephone systems in the U.S. are expanding at the rate of over 28,000 new subscribers
per day. SSLP's PCS system will provide the infrastructure needed to meet the growing demand
for wireless services and provide service to a broader cross-section of the community than existing
cellular systems. PCS will improve residential and business communications services and provide
more efficient and reliable wireless 911 emergency service.
SHWOODDOC
~c ·
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Sprint Spectrum L.P.
2900 lone Oak Parkway
Suite 140
Eagan. Minnesota 55121
Telephone: 612.686.2600
Fax: 612.4540578
September 18, 1996
Mr. Bradley J. Nielsen
City Planner
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
Re: Sprint Spectrum, L.P. Co-location of Antennas on Water Tower
. Members of the Planning Commission:
Please find enclosed for your information and review a copy of a landscaping plan for the
above referenced matter. Pursuant to your request, we are proposing a landscaping plan
that is substantially similar to the landscaping provided by AT&T at their existing facility.
The AT&T site is surrounded by arbor vitae approximately 7' tall and several pine trees.
We will attempt to duplicate this for purposes of consistency. We will also place several
pine trees around the site.
.
Also, as discussed during your meeting with Anne Marie Solberg on September 12, 1996,
several of the pine trees presently located on the site may have to be removed and
replanted. Our intention is to replant these trees immediately after removal if possible. In
the event this is not feasible due to the weather or any other unforeseeable conditions, we
will ball and burlap the trees for replanting at a later date. Please be assured that in, the
event the replanting is not successful, we will replace these trees when the weather
conditions allow.
I hope this correspondence addresses any concerns you may have regarding the
landscaping issues for the proposed co-location. Thank you in advance for your
consideration of this matter. Should you have any questions or concerns, please feel free
to contact me at 612/686-2730.
~rJg~J
Richard Boyd
Network Operations Manager
Sprint Spectrum, L.P.
ATTACHMENT 2
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.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.
Planning Commission, Mayor and City Council
Brad Nielsen
1 October 1996
Sprint Spectrum - Proposed Equipment
405 (96.21)
Attached are color photographs of the equipment proposed to be used by Sprint at the
Southeast Area water tower site. The antennas shown are photo images imposed on and
actual photo of the Southeast Area water tower. The other photos show the ground
equipment.
.
cc:
Jim Hurm
Tim Keane
Larry Brown
GC
A Residential Community on Lake Minnetonka's South Shore
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236
IvtEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.
Planning Commission, Mayor and City Council
Brad Nielsen
29 August 1996
Cabalk~ Scott - Appeal to Zoning Violation Notice
405 (96.18)
BACKGROUND
.
Mr. Scott Cabalka owns a small, unbuildable parcel of land abutting Christmas Lake (see
Site Location map - Exhibit A, attached); In June of this year, based upon neighborhood
complaints, the property was inspected and found to have a number of dock structures
where no principle dwelling exists on the lot. Upon review of the property records it was
determined that the docks in question may not have existed as of 1981. A zoning violation
letter was sent to Mr. Cabalka (see Exhibit B). Mr. Cabalka's attorney responded in a letter
(Exhibit C), dated 24 June 1996, stating that a dock existed on the property since
approximately 1955, but provided no evidence to that effect. We then sent his attorney the
evidence upon which we based our conclusion and an application form for an official
appeal (see Exhibit D). This appeal has been scheduled for a public hearing on 3
September 1996. Mr. Cabalka has submitted the information contained in Attachment 1 in
support of his appeal.
ANAL YSIS/RECOMMENDATION
There are three issues to be resolved in this case:
1. Has a dock or docks been continuously been maintained since at least 21 January
1965? This is the date upon which Shorewood's dock regulations were first
adopted. It should be noted that the Code states that nonconforming structures
which are discontinued for 90 days can not be reestablished. Given the seasonal
nature of docks we have determined that docks must be put out at least each year to
maintain any "grandfather rights".
2. If a dock has existed since 1965, has it been increased in size or number? It should
be noted that some flexibility has historically been allowed for dock length
depending on lake levels. During the mid 80' s for example, many docks in the
community were extended to reach deep enough water to float boats.
A Residential Community on Lake Minnetonka's South Shore
I'"
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. ~
.
.
Memo re: Cabalka Zoning Appeal
29 August 1996
3 . Should outdoor storage of boats be allowed on the property? This is an accessory
use which is not allowed without a principle dwelling.
The process for making an appeal is found in Section 1201.05 of the Shorewood Zoning
Code. Although the procedure for an appeal is the same as a variance request, it differs
from a variance in that the appellant does not have to demonstrate "undue hardship". He
does have the burden of proof, however, to show that the administrative order (in this case
the zoning violation notice) or zoning interpretation is incorrect. None of the evidence
provided is conclusive (e.g. there are no aerial photographs showing the old docks or
affidavits from people familiar with the property). A receipt from Mark Hurd Aerial
Photography is included in the appellant's material, but copies of the aerials have not been
provided.
It is possible that resident testimony at the public hearing may shed additional light on this
matter. If Mr. Cabalka has additional evidence to share, it is recommended that the matter
be tabled pending adequate time to review and report on it. Mr. Cabalka is on notice by
copy of this memorandum that the 60-day time limit for reviewing zoning requests will be
extended for this purpose.
If no better evidence can be provided, it is recommended that the docks be removed per the
original zoning violation letter.
cc: Jim Hurm
Tim Keane
Scott Cabalka
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Exhibit A
SITE LOCATION
Cabalka appeal
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236
.
20 June 1996
Mr. Scott CabaIka
5321 Golden Valley Road
Golden Valley, l\1N 55422
Re: City Code Violation
. Dear Mr. CabaIka:
Due to recent inquiries and complaints, it has come to our attention that a dock has been
constructed on property you own, in violation of Section 1201.03 Subd. 14 of the City Code
(Regulations Applicable to Shoreline Property). A copy of the Code section is attached for your
review. This is to advise you that the dock must be removed no later than 8 July 1996.
The City of Shorewood does not issue permits for residential docks, however, it has adopted, by f
reference, the Lake Minnetonka Conservation District regulations. The City Code also places
certain other restrictions on docks and similar structures. Docks are considered to be accessory l\
structures and, as such, are only allowed on properties where a principal use exists. In a (1
residential zoning district, the principal use of the property would be a residence or house. Every
occupied lakeshore lot is allowed one (1) dock for the sole use of the property's occupants.
Docks existing on.lakeshore land which is unbuildable due to its size, shape or other circumstances
are nonconfonning structures. These docks may be legal or illegal nonconforming structures
depending on their "grandfathered" status which would relate to the age of their existence and
regulations existing at that time. Legal nonconforming structures may remain in their original size,
shape and location, but are not allowed to be increased in size or use.
Failure to comply with these regulations will result in the City taking whatever action may be
necessary to correct the violations at the property owner's expense. Your property will be
reinspected for compliance after 8 July 1996. If you wish to appeal this matter to the City Council,
you must do so, in writing, before 8 July 1996.
I will be out of the office until 1 July. If you have any questions relative to this matter please do
not hesitate to call me after that at 474-3236.
CITY OF SHOREWOOD
~~!rd-J
Planning Director
cc:
Tim Keane
Exhibit B
ZONING VIOLATION LETTER
Dated 20 June 1996
A Residenrial Community on Lake MinnercnKa':; S
.
.
KELLY LAW OFFICES
Established 1948
351 SECOND STREET
EXCELSIOR, MINNESOTA 55331
MARK W. KELLY
WILLIAM F. KELLY (1922-1995)
(612) 474-5977
FAX 474-9575
June 24, 1996
Mr. Bradley J. Nielsen
Planning Director
City of Shorewood
.5755 Country Club Road
Shorewcod, MN 55331
RE: Al1.eged Cit;y Code Vio1.a"tion
Caba1.ka Christ:mas Lake Road. propert:g
Dear Mr. Nielsen:
I represent the Cabalka family. Your letter of June 20, 1996
demands that they remove their dock from their Christmas Lake lot.
The letter also allows that the structure may, in fact, be a legal
nonconforming use "grandfathered" under the city code.
Please be advised that my client's dock predates the adoption of
the ordinance section in question and has been maintained on the
property since on or about 1955. As such, it is a legal
nonconforming structure with which the city has no right to
interfere. If however, the city insists on pressing this matter my
clients will defend and in addition assert their constitutional
rights.
It is our hope that on review your office will find that this
matter does not merit further attention. If however, you can
conclude that this should be pursued either by criminal prosecution
or civil claim, be advised that this letter constitutes a notice of
appeal to the city council of such action.
Sincerely,
,. -/ /~.
7< ~./~'7
w. Ketly -7
MWK:ek
CC: Cabalka
Exhibit C
APPELLANT'S ATTORNEY'S LETTER
Dated 24 June 1996
PROPERTY FILE
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
12 July 1996 .
:Mr. Mark Kelly
Kelly Law Offices
351 Second Street
Excelsior, l\1N 55331
.
Re:
Cabalka Zoning Violation Appeal
Dear Mr. Kelly:
This is in response to yourletter, dated 24 June 1996. Your letter indicates that the dock in
question predates Shorewood's dock regulation, but provides no evidence to that effect.
Our best evidence of the violation comes from the property flies for the Cabalka property,
in which a memo from the Cabalkas in 1981 (Exhibit A, attached) discusses a proposed
boat dock. This is also supported by a survey of the property (see Exhibit B, attached)
which is of sufficient detail to show the dock on the Cabalka' s homestead parcel, but not
on the parcel shown as Part of Lot 186. Finally, there appear to be at least two
complainants who would be willing to testify as to the previous status of the property
relative to docks.
.
In reviewing this matter with the City Attorney, he suggests that I forward Section 1201.05
of the Zoning Code to you, along with an application form for a formal appeal of this
office's interpretation of the Code. Your letter of 24 June 1996 does not constitute a
written application for an appeal. The application form and the Code section are enclosed
for your use. Your client must correct the violation or make application for an appeal by 18
July 1996. If you simply wish to have more time to provide evidence of your client's
position, let me know prior to the 18th and we will schedule the request for the 22 July
1996 City Council meeting.
If you have any questions relative to this matter, please do not hesitate to contact my office.
Sincerely;
CITY OF SHO~OOD .
0w-d1t.y;(. /jddL. /
Bradley J. ~~n
Planning DIrector
cc:
Jim Hurm
Tim Keane
Scott Cabalka
Exhibit D
RESPONSE LETTER TO MARK KELLY
Dated 12 July 1996
A Residenrial Communiry on Lake Minne
~.
-
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........-
DATE: March 3, 1981
TO: Shorewood City Planning COmmission
FROM: James and Betty Cabalka, Shorevood Residents
5885 Christmas Lake Road
SUBJECT: Boundary Revision Option(s)
What are the options for our family use of Cabalka property adjoining
existing residential property Tract A, but described as "part of 186"
outside of Tract Asurvey~ See the attached diagrams.
Prouosed Qution #1:
(Se~ Diagr~m "A")
Move the boundary of separation to the south
approximately 70 feet and thereby r~duce Tract A.
A denial of this plan appears likel7 since a
proposed use by Cabalka fam~r includes building
-a sma.Li ooat dOCK on the site without an established
residence .-'Ci ty ordinance prohibits land use of this
.type in Sliorewood.
.
Further denial appears likely since any home
construction could violate city ordinances pertaining
to "non buildable sites".
Prouosed Out ion #2:
(See Diagram "B")
Remove the separation bounds-~ and expand Tract A to
a larger property.
.
Consider uevly enl~ged single site an approvable
buildable site for construction of a second, small
residence on the enlarged Tract A.
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Attachment 1
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CHRISTMAS LAKE
1 9 5 4-96
CABALKA
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CHRISTMAS LAKE
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SNAPSHOTS ON THIS PAGE SHOW THE PRIMITIVE CONDITION OF LAND PURCHASED BY
BETTY AND JIM CABALKA FROM MRS. HOPWOOD IN 1954. THE CABALKAS CLEARED
THE LAND OF BRUSH THEMSELVES AND HAD IT SURVEYED INTO FOUR PARCELS. THEY
CUT DOWN OAK TREES ON A HOMESITE USING A TWO PERSON HANDSAW AND BEGAN
BUILDING THEIR HOME IN 1955.
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THE FEW LAKE SHORE DOCKS CONSTRUCTED AL.ONG CHRISTMAS LAKE ROAD WERE vERY
PRI/7lITI\/E AS :~[1Ovm IN THESE PICTURES. THE APPROACH TO A DOCK ~'~A;3 ;-:,i)
TUNNELED BY f.'1fJSKRi;TS THAT Sl.lALL LOGS WERE PLACED ON T:"E:: GIWUNU IN 2./:-n::;.s
TO PHOV-IDE FIR!"'! FOOTING IN ORDEE TO F.E.seE THE DOCK.
.u. SECONDAR":{ DOCK WAS BUILT BY A NEIGHBOR BOY v~tiC) WANTED P:. FLACE TO L,.SUNCH
HIS BOAT. WHEN WE GRANTED PERHIS~3ION, THE SECONDARY{ D(iCE<: HAS GSED FCiR
LAUNCHING S!~lALL BOATS, RUBBER RAFT:3, ::;UNFIStl S..~ILBOAT, .SND Sl'(.iEING .'-':.
HUGE JARI AQUATIC WEED CUTTER ~jO[JNTED ON A SHELL LAKE CELiA}=;: STRIP F"-:\~T.
THAT WEED CUTTER IS CURRENTLY STORED :IN THE GARAGE OF DR. GEO.PGE NC;?.EN
AND NO LONGER USED AS IT WAS DURING THE EAPLY 1960"S AND 1970"S.
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R?V1SIONS A SECONDARY DOCK HAD Al,READY EXISTEI) ON THE ~~?ARATE LJUT FOR
f~JEf~Rl:~:{ 1'~'~Et\rTy" -F IV'tE ~"E..~~F~S. THE PF~E:'3El'~CE elF TH...c.~T ~3EC~(Jt'LC;..~F:."{ r)Cj(~r( F'E:EI)A TElj
l~I-IE 'l I LIJAC';E (iF SH()Rr~~'7i~)c';rJ, THEI'1 I~:r'JC)~.~t'l t~f. .E ){\_~}E'.L,:31 (}R 'r()~'y!~J ~~ r~ I?- _' _~t'1I) l'llC)2. T
CER1'Alt'~L~l FrREI1ATED Tr~E ~~.I-1()RE~"-!':)C!I! CIT....{ (iE.[)If'JArJ(:ES ?..D"JPTE:i II',.} 1973 1i~HJ>:~r~
l.11\111'ED l..TrJr-;jE~EE. C)F [JOCKS F:ER F:ARCEL.
vE HAD A CONCEEN ABOUT FOS:3IBLE LOSS OF OUR. SECONDfl.EY DCiCK AND VIA THIS
198i f'dEl\1CJ ~;~E ALS(J S()U\3HT A~:C:EF:TAt'lCE OF A "r~Ev,T" I)c)(;r'~ Ar'J[j BCJ(11\lrJAF~y" (~I-1At~J(;ES.
.
.
s-
1981 AND 1984 SHOREWOOD CITY COUNCIL HEARINGS
1981-AND 1984: "THAT DOCK WOULD BE GRANDFATHERED"
THE CABALKAS REQUESTED THAT THE SHORE WOOD PLANNING COMMISSION CONSIDER
A POSSIBLE PROPERTY LINE REVISION BETWEEN TRACT A AND THEIR ADJOINING
LOT. THIS MATTER DID EVENTUALLY GO BEFORE THE SHOREWOOD CITY COUNCIL
FOR CONSIDERATION. AT THAT IME AND AGAIN BEFORE THE CITY COUNCIL IN
DISCUSSION OF THEIR CHRISTMAS LAKE PROPERTY, MR. CABALKA CONVEYED HIS
CONCERN ABOUT RETAINING AN EXISTING DOCK OF LONGSTANDING USE AT THE
~JOINING PARCEL. ONE COUNCIL MEMBER COMMENTED, " THAT OLD DOCK
~OULD BE GRANDFATHERED" , SINCE IT WAS IN PLACE BEFORE ORDINANCES THAT
NOW APPLY.
.
f&
.
.
DNR INTEREST IN CABALKA CHRISTMAS LAKE RESIDENCE FOR LAKE ACCESS 1983-84
WHEN THE CABALKA FAMILY BEGAN THE PROCESS OF SELLING THEIR CHRISTMAS LAKE
PROPERTY DURING 1983-84, THE DNR EXPRESSED INTEREST IN PURCHASING THE
CABALKA PROPERTY FOR USE AS A PUBLIC ACCESS AND PUBLIC PARK. THE DNR
OFFICIALS EXPLAINED THEY WOULD MOVE THE HOUSE TO AN EMPTY LOT IN A
DIFFERENT LOCATION AND CREATE A PARK ON THE HIGHER GROUND WHERE MANY
BIG TREES WERE LOCATED. THE LOWER GROUND WOULD WOULD BECOME A PUBLIC
ACCESS TO THE LAKE AND ADJOINING PARKING FOR VEHICLES AND BOAT TRAILERS.
THE CABALKA FAMILY TOLD DNR OFFICIALS THEY WOULD NOT SELL THEIR PROPERTY
TO BE USED FOR THAT PURPOSE. "WHY NOT?", WAS THE DNR RESPONSE. JIM
CABALKA EXPLAINED THAT SUCH A SALE FOR THAT PURPOSE WOULD DESTROY THE
IMMEDIATE NEIGHBORHOOD AS THEY HAD KNOWN IF FOR MANY YEARS. THE VALUE
OF NEARBY HOMES'WOULD BE ADVERSELY INFLUENCED AND NEIGHBORS WOULD BE
EXTREMELY UNHAPPY WITH THE NOISE, TRAFFIC, AND RELATED DISTURBANCES.
WHEN MR. HARVEY MACKAY LEARNED OF THE DNR PROPOSAL AND THE CABALKAS
RESPONSE TO IT, HE EXPRESSED PROFOUND GRATITUDE TO JIM CABALKA.
7
i'rUR
o
~.
Ch
....I
o
~
INTERSTUDY
_SIOR
.IENTS
NOREN
MADDY
SOUIRES
BENSON
BENSON
'; .:; ER
WHITMORE
"jGER
SMITH
DANSER
MACKAY
STROHM
5
FAYAEl.D
WITRAK
HOLCOMB
WTTRAK
ARNE
N
1990
CHRISTMAS ~KE
B
~
~\U~"
J. "
THIS IS THE LOCATION OF D()CKS USED FOR APPROXIHATELY FOR:T{ YEARS. SECTIONS OF
THE EARLIEST DOCK STILL REMAIN P~D CAN BE SEEN THERE UNDER A CURRENT DOCK.
THIS SNAPSHOT WAS TAKEN OF A DOCK AT THE SITE AND IT NEEDED TO BE REPLACED
AS IT SUBMERGED IN YEARS OF HIGH WATER, N~D HAD BEEN LENGTHENED GREATLY TO
REACE OPEN WATER DURING A SEVERE DROUGHT. (LMCD AUTHORIZED LAKE SHORE
O~mERS TO EXTEND THEIR DOCKS TO THE OPEN WATER DURING THE DROOGHT. )
DURIN;3 ALL THOSE YEARS NOT ONE COt.'lPLAINT WAS MADE AND SHOREv~OOD OFFICIALS
EXPRESSED NO CONCERNS ABOUT THE DOCK UNTIL JULY 1996.
DUE TO HIP REPLACEMENT SURGERY A WATER LEVEL CP~OE BOARDING PLATFORM IS
BESIDE THE CURRENT DOCK TO FACILITATE ENTRY AND EXIT FROM OUR CANOE.
.
.
a
v
~
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"- 1\\
~ I \\
ft A~~ AA~ I i-^~l/:~~ \\
A A A APfi! ^.~~~ ~A~ \,
^lAA/lAJ i\ I .~. ~ I\h~ll \
jA~^}~:1 ~ LJ
. ~ g,
~l
dj
CrlRIST}~.S LftKE POAD
nmER~-7ATER DOCK
~~VED 1993 '1
__ n...-""
. ...erl ~
I I
......... I ~
. ..,
1996
ITESTER . - .
KUESTER
CABft~KA
~ I Z/ '
CHRIS~~S LAKE RO~~
/c
/'
1985 f ,.//
/
A A ~ ~ A 1 f I /,/,/
}.Il A ~^i\,~ J /
. I\/f ~ 1 J{ ;{ ... I t\. A faA A 'S\ i{ ,,1;.. i\ . A,( ,//<'
'\.\ If /{ /" .1 { .....~Y\.s~\ r\ A ~ f,A 4 d \. ..'~
· ~ ,\ .A A A 1 fi l~~ A J /' /{ I ) ;{ A A A .~__ __~.....---
1\ ~- A I J I J;- A f ~__~_J!_L----" ."
I'!~ 1\ I~ {i l\ j D.......- I
----- -
CABALKi\
HULIUS
I
1;2. I / I
.. t..
'- -c.: ~ !..............c,...o
Ill>. - J3""'t;. _ OPEN t-?ATER
'=:1 ~.... ----.
1987 MtrD 8 ~1UD 1087-8<
1988 - \
1=1 \ \
- \
E1 MUD
~ft'D
!-AUD
. NUD
//'/
".....//
~"1m
. ,l J.~ A\ ~ M^b~A~ I~^~
,{J A J l ~ ^tt{'/AAAAAA~~A
1 _~A(1 ;t.I\AI.AJ^
t I A t1 ~ )1 A = A;( 1" "
,. I - It ,.\ A A ^ It 1. A
~ j\ i\ = ^ If ^ ^ '^ I" A 1\ ....-,-.
) , J A ^ ^ . A _-----.-.:----.
--
CABALKA
HILLI'US
I
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I~/I
....
-
/
/
j
-"
..
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./
,........~"...
~ ~- .........
.~ -*'
1990-91 ~~ ,~. ~
HIGH ~~ ~ I""'" /
.,.., I I ..,.,.,
'~ ,;/
HATER . ~ ~.....l - \ /'
COVERS ~l:: It It 1,(, A, . \ \ //
A I \ I I A J ( '\ 1 ! A A \ //
i' A Atl. 1\ ^ 1\ A." \ ..
DOCK I "j\ ~ I ^ A. "~,, )//-
:\ '\ ). ^. ~ ^ ^ ^ ^ _/~!-~._/.I~.
"\/{ ^ /t}. AA 1 .~
--
,
C'.ABALKA
I Z 1/
1991 KUESTER
II
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N
.
.
1996
*REMAINING SECTIONS OF EPRLIEST DOCKS
'*
C~-NOE PLATFORM NOT VISIBLE TO NEIGHBORS
""'..11'..........,.-
/2
.
.
-- MARKHURD SALES ORDER =- Sales Order No: 5689
Date: 07/31/96 File In: 4001000 Amount: $30.00
Archive As: Chrg Time To: 4001000 Tax: $0.00
Date Promised: 07/31/96 L:x G: MHrep: LLJ Shipping:
Time promised: Payment Terms: COD Rushcharge:
Authority: verbal Tax Status: service Total: $30.00
BILL TO --: Client No: SHIP TO: Y (y/n) - Ship Via:
Company: JIM CABALKA Company: JIM CABALKA
Address: Address:
Address: Address:
City: State: MN City: State: MN
Phone: (612) 933-2740 Zip: Phone: (612) 933-2740 Zip:
Attn: MR. JIM CABALKA Attn: MR. JIM CABALKA
Fax: Fax:
Special Instructions: PHOTO OBSERVATION SESSION OF THE S 1/2 OF SECTION 35
Tl17, R23 IN HENNEPIN CO., MN. YEARS VIEWED: 1962 AA-3-28, 1965 AQC-347,
1967 BDR-3-168 AND 1971 CLK-47, 48. 4 TOTAL.
-Qty- What Scale Symbol = Exp No Amount -
* RESEARCH $30.00 :
;
,
i
I
I
I
I
.tructions:
YEARS VIEWED:
AA-3-28
AQC-347
BDR-3-168
CLK-47,48
PAID IN FULL WITH CHECK.
$3000fCF/
(/
/4
~~"":~:::'~~'~~::s.;:;;:;tii/!Jj;"~~~fJJj3!iJI:~"':'~ -r.;~::'____;-::=::"::-'_:...:::;t.:..~~=: ~:_:cw:"~~ ~..-,-,.,. ~~~:~~ ~~ ~--,..~~ ~ ~;.,~7;;;JijJiJ;ij!. ~
~"
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t.
t
,
Star, Tribune,
1;:
fied A~s 'Insid~/Picture Classified on Back rage
Saturday
September 7/1991
1R
. /'
. .,.~ ii, ....: .
,..-~.
'...
....--
~~'i:
." ,~h"
Parade of'Homes
~~
, The house
below, on
Christmas
Lake in
Shorewood,
was moved to
make way for
the house at
far left,
designed by
Minneapolis
architect,
Tom Ellison.
At left, Ellison
stood in the
top-floor
master
bedroom with
Stephen Bruce
the builder.
builders show 537 houses
By Ingrid Sondstrom
Staff Writer
A ~ew cedar-shingled hO~ on a hill overlooking
Christmas Lake in Shorewpod was swarming with
workers this week putting .pI sod, shrubs, deck railings,
fireplace mantles, toilets and carpeting.
The scene was replicated h~ndreds oftirnes around the
Twin Cities as 537 homes were readied for the start
Sunday of the 41st annual Parade of Homes.
year. Builders hope to sell all the homes in the parade, .
, worth a total of more than $125 million, plus enough
a~ditional houses to keep them busy all year.
In the Twin Cities the event is popular even with people
who are not in the market for a new home. According to
Vi Traynor, executive vice president of the Minneapolis
Builders Association. about 200,000 people are expected
to tour the homes this year. -
"Our whole industry, right down to individual
tradesmen, put their hearts and souls and energies into
Parade continued on page 2R
This 15-day event is the Minneapolis and St. Paul
builders associations' biggest marketing event of the
August 1996
Christmas Lake Neighbors:
.
Our intent in writing to you is to explain a forthcoming mailing from the City of
Shorewood. That mailing announces a public hearing, September 3, at
Shorewood City Hall. The topic, RShorewood City Code Violation" pertains to a
legal-sized dock at the Cabalka Christmas Lake property. A complainant
alleges Cabalka violation of a city code in that "their dock has grown, Rand
possibly the Cabalka long-standing dock rights should not be "grandfathered. R
We believe the dock is "grandfatheredR since we have maintained a dock at that
site dating from the 1950's, and presence of a dock at that site since the 1950's
predates relevant city ordinances by many years.
Our continuing forty plus years of annual property taxes and Christmas Lake
Association fees are evidence of our continuous interest in care of Christmas
Lake environmental quality. Revisions to our dock during the mostly recent ten
years include authorized lengthening (for all LMCD lake shore owners) to reach
open water during a severe drought, removal and replacement of that
lengthened dock as water level rose much higher thereby submerging the
entire dock. The submerged dock was removed in 1992 - 93 and replaced by
one of lesser length, but above water level. At that time we attached a short,
canoe-boarding platform at water level, and an eight foot sloping ramp to assist
our entry into and disembarking from the canoe. A section of the canoe platform
rests upon an underwater 1950's vintage dock section which could not be
removed.
.
Your understanding in this matter would be greatly appreciated as our family
begins to defend our property rights during scheduled public hearings.
Sincerely,
Betty Cabalka
Jim Cabalka
..
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
26 September 1996
Cabalka - Dock Appeal
405 (96.18)
Attached are letters submitted by Jim Cabalka which support his contention that a dock existed on
his property prior to the City's current codes. Also attached are letters which tend to dispute the
existence of the dock.
This item is scheduled for further consideration at the 1 October Planning Commission meeting. If
you have any questions regarding this matter, please call me.
cc: Jim Hurm
Tim Keane
Jim Cabalka
.
A Residential Community on Lake Minnetonka's South Shore
u;b~
..
BILLY L. MADDY
5330 Beacon Hill Road · Box 220 )
Minnetonka, MN 55345 I
(612) 988-7786 v.
fiLE COP ,i
/
f.
~ >t.,.
/7
II
~:./ :L/... .: .
August 31, 1996
TO: Mr. Brad Neilson, City Planner
City of Shorewood
Dear Mr. Neilson:
.
A former neighbor, Mr. James Cabalka, has asked me to write
and corroborate some events of some of our years at Christmas
Lake. The bay Mr. Cabalka and I were on is shallow (maybe
because this is the corner with the channel that carries the
lake's overflow to Lake Minnetonka). Silt and other debris is
probably carried into and filled up this area of the lake.
This bay, being shallow, was an invitation for aquatic nuisance
weeds to thrive.
We tried many things to try and salvage weed-free areas to
realize some water recreational value from the lake.
.
At one point, we went together and hired a commercial aquatic
weed harvester. This commercial weed harvester told us then that
we neighbors would have to keep at it or the weeds would grow
right back. At this point, Mr. Cabalka was instrumental in organ-
izing neighbors to purchase a Jari underwater weed cutter.
Dr. Noren, a neighbor and CO-owner of the cutter, donated a
boat that the equipment could be permanently installed on for
more convenient use. The donated boat was moved around from
neighbor to neighbor as needed to help control the weeds.
This boat and the weedcutter caused a need for extra dockage
or a second dock. I recall that Mr. Cabalka had an extra dock in
thos~_years_~_
~eoI1_~ rec:alled that it ..'Y.?:.s~959 when we bought the Jari weed-
cutter. These were the years our families were growing up and
needed boats, canoes, ski boats, fishing boats, paddle boats,
etc.--all requiring dockage. It is not feasible to make a dock
any longer than 50 ft. So, to accommodate the extra watercraft,
I recall Mr. Cabalka had two docks. I added another section to
my dock to form an "L".
Another guy that shoUld recall Cabalka's second dock should be
Dr. Noren's middle son George. Young George and I were asked
"
page 2
August 31, 1996
TO: Mr. Brad Neilson
to do some aquatic weed mowing one afternoon. We walked down to
Cabalka's shore to prepare the equipment for use. The weedcutter
was top heavy and caused the boat to want to tip. If one got
careless and did not keep the rig properly trimmed, the boat
would tip over. George and I got careless, andover we went.
So George and I got to view Cabalka's second dock from a unique
"water's edge" perspective!
Very truly yours,
~
. :---
Billy L. Maddy
988-7786
.
"
MR. BRAD NIELSEN, PLANNING DIRECTOR
AND SHOREWOOD PLANNING COMMISSION MEMBERS
CITY OF SHOREWOOD, MINNESOTA
THE ATTACHED MATERIALS ARE SUBMITTED AS FURTHER CONCLUSIVE EVIDENCE
YOU HAD REQUESTED IN ADDITION TO EARLIER LETTERS FORWARDED FROM OUR
LONGTIME NEIGHBORS, DR. AND MRS. GEORGE NOREN, AND MR BILL MADDY.
ADDITIONAL MATERIALS INCLUDE THE FOLLOWING:
1. LETTER FROM DR. LEE HERMANN, CHRISTMAS LAKE RESIDENT
4It 2. LETTER FROM JOHN AND MARY SCHMITT, CHRISTMAS LAKE RESIDENT
3. LETTER FROM MR. LARS ANDERSON, FORMER CHRISTMAS LAKE RESIDENT
I HAVE WITHHELD ONE LETTER FROM MR. AND MRS. JERRY HILLIUS WHO PURCHASED
THE ADJOINING PROPERTY FROM THE CABALKA FAMILY IN 1985, THEN SOLD IT TO
MR. AND MRS. KUESTER IN 1990. THEIR LETTER ACKNOWLEDGES PRESENCE OF THE
CABALKA DOCK AND BOAT THROUGHOUT HILLIUS'S INTERVAL OF PREPURCHASE AND
OWNERSHIP. SINCE THE RECENT CONCERN FOCUSES ON GRANDFATHERING PRIOR TO
1965 ENACTMENT OF RELEVANT CITY CODES, I HAVE INCLUDED ONLY THOSE DOCUMENTS
PERTAINING TO THAT TIME UNLESS OTHERWISE REQUESTED BY PLANNING DEPARTMENT.
AN ATTEMPT WAS MADE TO CONTACT SURVEYORS (ISRAELSON ASSOCIATES) USED BY
CABALKA FAMILY IN 1981. VERIFICATION OF DIRECTIONS GIVEN TO SURVEYORS
BY MR. CABALKA WAS REQUESTED BY ONE MEMBER OF THE PLANNING COMMISSION.
SEVERAL TELEPHONE CALLS REVEALED ISRAELSON ASSOCIATES HAD GONE OUT OF
.SINESS SEVERAL YEARS AGO. A COpy OF THE ORIGINAL RECEIPT FOR SERVICES
QUESTED BY MR. CABALKA IN 1981 IS INCLUDED.
JAMES CABALKA
~CZ~
SEPTEMBER 22, 1996
-----__________ ___nu_________;__________ ~. J/ - 19 9 ~
------A9- ~r,/_~--: ___
~ .' r:~ dZZlt-U
~ ~ .-.~~J
~dk-~ ~j~~~~
. A::h~~ ~ ~~_
-----y~~ _.- /~ci .
J)_,~~~<._ /~J-'
'.. rf~~~~~
----~~--/J?-'-';;~~F. .
~~~~+-/~A
------------r-j-~~~
{j "'-r ?
-. ~-~~~~--
.
.
.
lA'
Israelson & Associates, Inc.
CONSULTING ENGrNEERS, LAND SURVEYORS
SUITE 185,9100 'W'EST BLOO~'HNGTOl'i FREEWf..Y . S:"'OO!v1:NGTON. MINNESOTA 55431 . PHONE: 884-5371
STATEMPn
TO: James Cabalka
5885 Christmas Lake Rd.
Excelsior, MN 55331
DATE: 2-28-82
h
I
PROJECT NO. DATE !NVOICE AMOUNT PAYMENT ,A..'10UNT i BALANCE DUE
104-278 6-25-81 I $ 618.78 I $ 618.78
I I
7-14-81 I $ 618.78 0
I I
7-25-81 280.00 280.00
I
9-21-81 80 .00 200.00
10-19-81 70.00 130.00
11-14-81 40.00 90 . 00
1-18-82 50.00 40.00
2-17-82 40.00 0
I 8,98 :7<9
I
I I
.
!
CURRENT
OVERDUE
FINANCE CHARGE BILLING
30 DAYS
60 DAYS
90 DAYS & OVER
TERMS: PAYMENT IN FULL WITHIN 30 DAYS FRm~ Dfl.TE OF INVOICE
A l!% PER ilONTH FINANCE CHARGE WILL BE tI;.Dt: 0/\ ALL PAST DUE ACCOUNTS
TrANK YOU
, .
~"''a
: ".:;~ :'(~ : ~_ [1 \/ f;'
,,~\ ,,; p 2 3 1996 ~!
4tt, f}ldAjr 1;;~~~ ~t4f IY~ ~~., I
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a~ ili fL)floY'/L itt At r &-t~t/~tt $
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. - '. \jf.R,tf,~ ~~ft,~~. .~ ~~
... . tm ck4vJ ;ptf~LefiM wrt(,(?tv~ ~ wati.
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. -liw ~ }U;fd;U t!u /lo~, A{;?,l tlu d/Uo... .)ie- .
.;ytit-h. -. 1f ;it Lf;d. 6&. /y'~~, d if!- d~.r .'?!.. . &.~-. /JJ1L,;&r;~;y
{IL ~ cd! ~ 41~ -tt JUHr[ a~ 711ft, !.dd~
4:6w1~'l ffi;l'l!k * J{e tJ4,~clp #'~ J14tru1_ ·
O1,J'l rf'l'-C Lkv~v'4cr\. ~+-- __:tj(d Ld~J..
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Y . 'tJ - r- f' ,P ~/ / oY-
.
.
. 9-03-1996 1 :01PM
FROM TECH LEARNING CAMPUS 612 535 2131
P.1
fiLE COpy
...1
i~/ 2__;'< /~~ - .:,~~/ ~l'../~~-i-'-":-'<
.: !
September 3. 1996
To: Brad N.. Building Inspector
From: Mike Pierro, resident at 5880 Christmas lake Road
Re: Cabalka Hearing
I have been asked to provide recollections pertaining to the presence or absence of a
dock at the current Cabalka property. All that I shall say is the truth as I know it. It is
always difficult to "get in the middle" of controversy between neighbors, but I assume
offering what one honestly recalls should be taken in the spirit intended.
As to the presence of a dock at the current Cabalka site, since our moving to 5890
Christmas lake Road in 1973 to the date of the property "split- (Cabalka home and most
of the property sold) I recall no dock on the current Cabalka site. J believe I would
unquestionably recall it being there if it were used. I'recall being quite interested in the
dock usage/rights along the lake. Mrs.' Danser and I each have 40' of the 80' in lot
164(property next to Caball~as'). Mrs. Danser wasn't living here when we moved in{her
house was rented) so I could not ask her. But I did inquire with Hennepin county and
neighbors. I do not recall a dock being on the property in question during that inquiry.
.- .
n~rr:i;': .0' .
Robert W. Fayfield 10) ~;;.~ 0 1996 . iL'
6005 Christmas Lake Road ~ w
Shorewood, MN 55331 By
September 27, 1996
Shorewood Planning Commission
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
Dear Commissioners,
.
You have asked me for my recollections as to the history of the dock located on the
small piece of Christmas Lake shoreline property currently owned by someone in the
Cabalka family. This is the property immediately to the North of the Kuester property at
5885 Christmas Lake Road.
I do not recall ever seeing a dock used in that location, just off Christmas Lake Road,
until the current dock was put there by the Cabalkas several years ago. The dock for
what used to be the Cabalka home, now the Kuester home, was always located much
further to the Southeast, about where the Kuester dock is now.
I have lived at my current address (South of the Cabalka location) since 1942, except
for a few years during which I lived in Excelsior and Chanhassen, but continued to
spend time at Christmas Lake. I conservatively calculate that I have passed that
location about 50,000 times over that period.
.
Enclosed for your reference is a map showing my estimate of the current and historipal
locations of the dock; note that the Kuester property was the Hillius property at the time
this map was made. Let me know if you would like any additional information.
Very truly yours, / y ~
,~44~
Robert W. Fayfield
encl.
.
LAKE MINNETONKA
HI /"a:;e;c~
7c'C.<:-
lj;c ,H7ol/J
CHRISTI
~
.
HORSE
FARM
TROENDLE WILSON
OWEN
BENNETI
LAKE LUCY RD
HOBBS
.
.
The Shorewood Planning Commission
5755 Country Club Road
Shorewood, Minnesota 55331
_J.ii~~- [ED'W~~-l
j (I'"'T 11996-
i \ lit.!
.j U
By
-=
Dear Commission Members:
I purchased our first piece of property on Christmas Lake in 1936. My family and I
moved to the house on the corner of Christmas Lake Road and 3rd in 1942. The land
and home on the pOint (now owned by the Mackays), was bought in 1954 from Mr. and
Mrs. Hopwood. At that time, I had the opportunity to purchase the entire parcel
including the property later purchased by the Cabalka's, but I chose not to buy the
larger piece, only the approximately 5 acre point. I walked the property in question
several times before making my decision and do not recall a dock anywhere along
lakeshore. When I purchased the point there were two driveways to that 10cation.One
followed the lake,the other was higher off Christmas Lake Road (the current Mackay
driveway).
The Cabalkas had one dock in the present location of the Kuester's dock. I drove by
the single dock many times daily on the Cabalka property as I followed the upper
driveway. I used the upper driveway until we moved away in1970. A second dock was
not constructed or used by Mr. Cabalka during my time on Christmas lake.
Sincerely,
J~ z: ~,
Harry E. Benson
820 Santa Vera Drive Apt 102
Chanhassen, MN 55317
474-8746
8usan Benson
Consullanl
Producl Developmenl - Calalo8 - Relail - Imparl - Domeslic
September 30. 1996
I:~~(C~~~~~
l~ OCT 11996 1Y
I By
Shorewood Planning Commission
5755 Country Club Road
Shorewood, MN 55331
Dear Commission Members,
.
I first moved to Christmas Lake in 1965, living with my in-laws while
looking for a home to purchase. After living in Richfield during the interim,
we were able to purchase our current home at 5820 Christmas Lake Road
in 1967.
During these first years we worked on the house and shoreline. We were
asked if we would like to share in the ownership of a "weed cutting"
machine owned and used by~. Maddy, Dr. Noren, and ~. Cabalka. We
used it a few times (along with a bed spring) to reduce the weeds. The boat
and weed cutter were housed at either~. Maddy's or~. Cabalka's docks.
As I remember it, they were moored at a separate leg of~. Cabalka's
dock immediately adjacent to his regular dock.
.
The current dock being used by the Cabalka's was built only after the sale
of the homesteaded property to the Hillius'.
Sincerely,
/~~ 0 ~.J
Susan O. Benson
5820 Chrislmas Lake Road - 0horewccd. MN 55331- (612) 474-6432
FROM L H D L LTD. 15TH FLOOR
....
...
113.23.1996 17:24
P. 2
MEMORAN)>U!\1
LARKIN. HOFFMAN, DALY & LlNDGREN, I.JTD.
Attornoys t Law
1500 Norwest Financial i"'cnlor
7900 Xcrxos Avenuo South
Bloomington, Mlnneaotat:5431
TOlepl1ono: (612) 83 .3800
FAX: (612) 89 -3333
TO:
Mayor Bob' Bean
~e~bers ?f.the City Council
CItY. AdmlI1tstrator Jim Hurm
Tim; Keane, City Attorne~
FROM: ,
DATE:
, i
I '
Oct9ber 23,' 1996
.
RE:
Can~assing'by Citizens for a Better Environment
, ,
' ' ,
' , '
Please find atta~hed ~ dem~d letter from the Canvassing by Citizen for a Better Environment
relating to the dity Of Shore\:Vood' s regulation of solicitors, canvassers and transient merchlU1ts.
We can dif;cuss'this matter at the Council meeting on October 28, 19~6.
TJK/psb
Attaohment
0249568.01
.
#8
FROM L H D L LTD. 15TH FLOOR
10.23.1996 17:24
P. 3
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,
, LARKIN, HOFFMAN, DALY & LINDGRBN, LTD.
^TTOMNEYS AT LAW
,-
:r
1&00 NORWI;:ST FIN^NCIAL CENTe~
7000 XERXES AVENUE SOUTH
PlOOMINGTON. MINNESOTA 1I5431.1104
TelEPHONE (812) 836-3800
FAX (812) 808-3333
_...........l.
WIU.INoII c:.~ A
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October 23, 1996
,
i
. i
Stephep A.K. Palm~r, ES9'
Jenner ~ Block :
One 113M Plaza
I
Chicagb, Illinois 60611 i
Re: City of Shorewoo~
DRA~D
~
.
Dear Mr. Paltner:
This letter is o1Terect in re~ponse to your letter of October IS, 1996, to the Mayor of the City of
Shorewood. Robert !Bean; As indicated in City Clerk Ted Naab's letter of March 14, 1996, to St~phen A.
Noel, Staff A1tomey for t~e Citii,ens for Better Environment, the City of Shorewood's Ordinance relating
to canvassing and door.t~~door solicitations does provide a process where persons aggrieved by the
Ordinance may app~al to ~he City Council. J encourage Citizens for a Better Environment to exhaust their .
administrative remedies prior to commencing legal action.
Should you have any que~tions, ~lease contact me at (612) 896-3203.
Sincerely.
Timotq.y J. K:eane, ror i :
LARKlN, HOFFMAN, DALY &. LINDGREN, Ltd.
TJK/psb
co: Robert Beall, Mator
James C. Hurm. City Ad~inistrator
0249547.01
LAW OFFICES
DRAFT
~ENNER &
BLOCK
WASHINGTON OFFICE
A PARTNERSHIP INClUOING PROFESSIONAL CORPORATIONS
SUITE: IZOO SOUTH
ONE IBM PLAZA
CHICAGO, ILLINOIS 60611
LAKE FOREST OFFICE
ONE WESTMINSTER PLACE
LAKE FORE:ST. IL 60045
(70S) 295-9200
(70S) 295-7610 FAX
601 THIRTEENTH STREET, N.W.
WASHINGTON, D.C. 20005
(202) 639-6000
(202) 639-6066 FAX
(312) 222-9350
(312) 527-0484 FAX
October IS, 1996
--
'~Ie ~ ,C= Ii i~/7 IE;;' "I
i....,.'...,..: iC.' 1.1.../7 1,.-- i:V/ Is IU\
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":"1\ ., -,- . 7 -1Q96 I
;': ':\ ,jl i;" lvv I Ii
illU 0
i
j By
STEPH EN A. K. PALM ER
VIA CERTIFIED ~AIL
-
Robert Bean, Mayor
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
Re: Canvassinq by Citizens for a Better Environment
Dear Mayor Bean:
Our client, Citizens for a Better Environment
("CBE"), has advised us that the cut-off for canvassing
activities in the City of Shorewood was recently changed from
9:00 p.m. to sunset pursuant to City Ordinance No. 265
("Ordinance"). This restriction on the hours of solicitation
constitutes a violation of CBE's rights under the First and
Fourteenth Amendments of the United States Constitution.
See, e.q., Citizens for a Better Environment v. Villaqe of
Schaumburq, 444 U.S. 460 (1980).
-~
The Ordinance is presumptively invalid because it
discriminates based on the content of the speech being
regulated. Simon & Schuster. Inc. v. Members of the New York
State Crime Victims Bd., 502 U.S. lOS, 115-16 (1991);
Leathers v. Medlock, 499 U.S. 449, 447 (1991). Although the
Ordinance purports to ban all solicitation in Shorewood after
sunset, it selectively bans only certain solicitations.
Shorewood, Minn., Code of Ordinances, ch. 308.11(6).
Specifically exempted from the ban are persons who engage in
eight categories of speech. Shorewood, Minn., Code of
Ordinances ch. 308.06. Because the Ordinance treats these
speakers and their speech more favorably than CBE and its
speech, the Ordinance is content-based. As a result, it
discriminates on the basis of viewpoint and is presumptively
invalid. City of Cincinnati v. Discovery Network, Inc., 113
S. Ct. 1505, 1516 - 1 7 ( 1993) .
Based on the foregoing, we hereby request that the
City of Shorewood amend the Ordinance to allow canvassing
.
. Robert Bean, Mayor
City of Shorewood
February 29, 1996
Page 2
effective. The Wateska decision also is significant because it not only affirmed the lower
court's injunction against the ordinance in question, but it also sustained an award of
damages in favor of the plaintiff.
As demonstrated by the foregoing caselaw, CBE has a constitutional right to
canvass until 9:00 p.m. As noted in both the Kenosha and Wateska cases, the most
effective time to canvass door-to-door is in the late evening, when more people are home.
These findings are confirmed by CBE's own experience. In fact, CBE has found that it is
not financially feasible to send canvassers to the City of Shorewood if they are prohibited
from soliciting after sunset, which in turn makes it impossible for CBE to effectively
COnUTI1.lnlCate 1t3 message.
By this letter, CBE requests that the City of Shorewood amend its ordinance to
permit canvassing until 9:00 p.m. If Shorewood is un~illing to do so, CBE will have no
other recourse than to immediately seek full legal redress, seeking to enjoin the
enforcement of the ordinance, damages for CBE' s denial of its First Amendment rights,
lost contributions and dues, and any other relief the court deems just. CBE will also seek
reimbursement of its attorney fees and costs of litigation. We hope that this will prove
unnecessary. While CBE is prepared to take such action, we believe litigation should only
be a last resort, and sincerely hope that we can resolve this matter in an amicable fashion.
e
Because CBE has incurred and will continue to incur lost revenue as a result of the
impairment of its First Amendment rights, we are requesting that the City of Shorewood
respond with its position no later than the close of business on March 22, 1996. If you
have any questions prior to that date, please call me at (312) 939-1530.
Very truly yours,
~~
Staff Attorney
,
....
PETITION TO CHANGE EUREKA WAY
TO
REUTIMAN LANE
TO: Honorable Councilmembers, City of Shorewood
WHEREAS, there presently exists a roadway in the City of
Shorewood bearing the designation "Eureka Way;"
WHEREAS, on July 4, 1915, E.rnest Reutiman and family
homesteaded in what now is the City of Shorewood and said
.
roadway provided access to their homestead and that of some
of their descendants; and
WHEREAS, the Eureka neighborhood is already well remembered
by other street designations including a~ more major thoroughfare,
Eureka Road, which joins Smithtown Roa~ to highway #7; and
WHEREAS, the City has properly seen fit to remember other
early settling families by designating roadways with their sur-
"'J~' '
names;
.
NOW, THEREFORE, the undersigned hereby Petition that the
certain roadway in the City presently designated as "Eureka
Way" be redesignated as thereafter known as "Reutiman Lane."
Name
Address
Date
!
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.
To:
Mayor and City Council
!.f.. :/
If -
From:
James C. Hurm, City Administrator
Date:
October 24, 1996
Re:
Acquisition of Snowmobile
We have been looking into options in acquiring a snowmobile for use by the Police
Department for enforcing regulations in Shorewood. We have looked into possible use of
the Excelsior Fire Department snowmobile; leasing a machine; a possible donation of a
machine; discussing with the Police Coordinating Committee, the Police Department
purchasing a machine; making arrangements with the Water Patrol for use of one of their
machines in that they are going to be temporarily located out of Tonka Bay this winter (this
is not an option at this point); and purchase of a machine by the City of Shorewood. The
last option could be relatively cost effective in that low mileage snowmobiles retain their
value quite well. There are funds in the equipment reserve account which could be used
and when the snowmobile is sold, replaced. The loss of resale value is estimated to be
about the same as leasing a machine for the season (approximately $1,000).
Because it is important to be ready for the snowmobile season, we think it is important for
the Council to discuss the issue and consider authorizing up to $6,000 for the purchase of a
snowmobile out of the equipment reserve fund with the understanding that we will continue
to pursue other reasonable alternatives.
~D
.
.
To:
From:
Date: ,
Re:
Mayor and City Council
James C. Hurm, City Administrator
Teri Naab, Deputy Clerk
October 23, 1996
Schedule of City Council Meetings on Cable TV
At the last City Council meeting, a resident inquired about the schedule of broadcast times
of City Council meetings. She stated a consistent schedule was not being followed.
Mr. Daniels from the Lake Minnetonka Cable Commission informed me that current the
Commission is broadcasting meetings of eight city councils. Due to the limited number of
"prime time" spots and the varying length, all meetings are aired on a rotating basis. He
stated this has always been the policy and will continue to be in the future. He did note that
all meetings are aired at least two times and sometimes even three. Air times are listed on
Channel 8 or residents are welcome to call him for specific viewing schedules.
With regard to broadcasting Planning Commission meetings, Mr. Daniels indicated the
Commission does not have the funding available to provide such a service. Any additional
meetings would have to be paid for by the individual organization.
IF/J
'\ ..
.
CKNO
19480
19481
19482
19483
19484
19485
19486
19487
19488
19489
19490
19491
19492
19493
19494
19495
19496
19497
19498
19499
19500
19501
19502
19503
19504
19505
19506
19507
19508
19509
19510
19511
.
CHECK APPROVAL LISTING FOR OCTOBER 28, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE OCTOBER 16,1996
TO WHOM ISSUED PURFOSE
FIRST STATE BANK FED/FICA TAX
PERA PERA
ICMA RETIREMENT TRUST 457 DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA COUNTY SUPPORT/COLL CHILD SUPPORT -C. SCHMID
MN DEPARTMENT OF REVENUE SEPTEMBER SALES & USE TAX
MN DEPARTMENT OF REVENUE STATE TAX
A T& T LONG DISTANCE
KATHLEEN HEBERT SEC 125 REIMB
INTNL CONF OF BLDG OFFICIALS ANNUAL DUES
BRADLEY NIELSEN SEC 125 REIMB
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE/FILM
ALAN ROLEK MILEAGE/CONF EXP
US WEST COMMUNICATIONS
MIDWEST COCA-COLA MISC
EAST SIDE BEVERAGE CO BEER/MISC
GTE DIRECTORIES ADVERTISING
LEEF BROS MATS
MARK VII BEER/MISC
QUALITY WINE & SPIRITS CO L1QUOR/WINE
THE VICTORIA GAZETTE ADVERTISING
DEPT OF PUBLIC SAFETY/L1Q RETAILERS CARD FOR L1Q/WINE
PEPSI COLA COMPANY MACHINE RENTAUMISC
BELLBOY CORPORATION L1QUOR/MISC
BELLBOY BAR SUPPLY MISC/SUPPLlES
MIDWEST COCA-COLA MISC
GRIGGS, COOPER & COMPANY L1QUOR/WINE/MISC
HONEYWELL PROTECTION QTRL Y MONITORING
JOHNSON BROS LIQUOR L1QUOR/WINE
LAKE REGION VENDING MISC
MARLIN'S TRUCKING FRBGHT
19513
19514
19515
19516
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
THE WINE COMPANY
WORLD CLASS WINES, INC
L1QUOR/WINE
L1QUOR/WINE
WINE
WINE
TOTAL CHECKS ISSUED
Page 1
AMOUNT
$7,385.59
2,229.36
796.30
842.00
139.44
11,808.00
1,260.01
5.49
187.50
85.00
100.00
5,250.50
112.94
333.55
48.93
462.40
11,885.00
84.10
25.17
3,545.50
3,078.32
41.25
60.00
219.88
4,660.55
29tL59
440.5[~
7,981.50
103.21?
5,349.6St
1,181.42
295.20
-"-"':f6S-;C4
6,424.11
1,785.51
81.35
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
OCT. 28, 1996 COUNCIL MTG
CHECKlt
VENDOR NAME DESCRIPTION
DEPT.
AMOUNT
19517 AMERICAN ENGINEERING
WATER TOWER
2,639.20
19518 AFHWORKS
PAINT FOR VOTING SIGNS
GEN GOVT
16.90
19519 BARCO MUNICIPAL PRODUCTS LANYARDS
SIGNS/BATTERY
*** TOTAL FOR BARCO MUNICIPAL PROD
WATER DE 187.53
CITY GAR 60.16
247.69
19520 BRYAN ROCK PRODUCTS, INC. BALLFIELD ROCK-FREEMAN
Pf~RKS &
. 442.31
19521 BRC ELECTIONS-MIDWEST REG SUPPLIES
VOTING BOOTHS
*** TOTAL FOR BRC ELECTIONS-MIDWES
GEN GOVT 52.51
GEN GOVT 1,000.00
1,052.51
.0.70
__1_.4..
CROSSTOI"IN-OCS,
INC.
COFFEE
MUN BLDG 55.38
TRAF CON 160.37
PFWF SER 3,853.33
PROF SER 40.15
E.A. 3,893.48
19523 EVANGELINE SPECIALTIES
STREET SIGNS
19524 ERICKSON, ROLF E.A. NOV ASSESSOR FEE
ASSESSOR SUPPLIES
*** TOTAL FOR ERICKSON, ROLF
19525 EXCELSIOR-CITY OF 4TH QTR FIRE PROTECTION
3RD QTR WATER PURCHASE
*** TOTAL FOR EXCELSIOR-CITY OF
FIRE PRO 32,444.75
WATER DE. 2,999.26
35,444.01
19526 FEED-RITE CONTROLS, INC. FLORIDE PUMP/CHLORINATOR WATER DE
2,913.39
19':;.27 GAME TIME
"s" HOOK PLIERS
PARKS &
152.70
.9528 HOPKIHS P(~RTS cm1Pf~rN OIL FIL TEF~S/HITCH PIN
19529 LEAGUE OF MN CITIES INS T WORKERS COMP INS
PUB WKS 47.72
MUH SLOG 17,850.00
19530 LONG LAKE POWER EQUIPMENT 2 CYCLE OIL
CITY GAR 33.97
19531 LONG LAKE TRACTOR/EQUIP
CAB DOOR SHOCK
PUB (1,)KS
46.51
19532 MTI DISTRIBUTING COMPANY IRRIGATION PARTS PARKS & 0.00
. - _. ._....- .. 'lRR"IGf-tT10N- PAJ:nS' ~-----'-PAr~"K.S .~'^"'''-30 .~1-:~
*** TOTAL FOR MTI DISTRIBUTING COM 30.21
19533 M C I TELECOMMUNICATIONS LONG DISTANCE
t1UH SLOG
14.32
19534 METRO COUNCIL EHVIRONMENT NOVEMBER WASTEWATER
SEWER DE 40,059.00
19535 MIDWEST ASPHALT CORPw
ASPH~~L T
STREETS
2, -582 .. Ll.:?
19536 OFFICE DEPOT
OFFICE SUPPLIES
GEN GOVT
274.90
19537 MINNESOTA ON-LINE
I;.IEB SEf--<V I CE FEE
GEN GOVT
.. [~E:l
.1. ') '~,3n i'4Ut'1 T TECH, 1: (jC:.
NOVEMBER MAINTENANCE
I/.)(~TEF? DC
:3 '\ ~)()()-.
Page :2
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
OCT. 28, 1996 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- -------------------------- ------------------------ -------- -----------
NOVEMBER MAINTENANCE
*** TOTAL FOR MUNITECH, INC.
19539 NAVARRE TRUE VALUE SUPPLIES
SUPPLIES
SUPPLIES
*** TOTAL FOR NAVARRE TRUE VALUE
19540 ROLLINS OIL CO. DEGREASER
1954.1 SAM'S CLUB BLDG SUPPLIES
19542 SHOREv.JOOD TREE SERVICE TREE REMOVAL
.543 SO LK MTKA PUB SAFETY DEP NOVEMBER BUDGET
.19544 TIME SAVER OFF SITE SEC MINUTES
.19545 TONKA BAY-CITY OF ADDL LIQ LIABILITY INS
.19546 TONKA PRINTING CO. BUSINESS CARDS
BUSINESS CARDS
*** TOTAL FOR TaNKA PRINTING co.
.19547 TWIN CITY WATER CLINIC WATER TESTING
.19548 WATERPRO
METER REPAIR PARTS
WATER METERS
*** TOTAL FOR WATERPRO
4If549 WIDMER, INC.
19550 MN SUN PUBLICATIONS
REPLACE 2 STANDPIPES
SEWER DE 2,600.00
6,500.00
CITY GAR 2.75
GEN GOVT 5.08
-------- lM19
9.02
CITY GAR 205..19
MUN SLOG .1.14.27
TREE MAl .159.75
POLICE P 36,046.29
GEN GOVT 234.50
-------- .165.00
PUS WKS .103.3.1
CITY GAR .103.30
206.6.1
WATER DE
20.00
WATER DE 24.1.33
WATER DE .1,920.4.1
2,161.74
WATER DE
.1,6.19.00
.1955.1 VICTORIA GAZETTE(THE)
LEGAL ADS/JANITORIAL/LEO GEN GOVT
283.87
LEO ADVERTISMENT
*** TOTAL CHECKS FOR APPROVAL
*** TOTAL CHECK APPROVAL LIST
Page 3
GEN GOVT
20.00
.155,787.08
235,460.07
..
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;::: f'i FJ L_ 0 'yO E E j"'!A i1 E
HU1'113EF<~
101 SCOTT M. BARTLETf
110 CONNIE D. BASTYR
115 LAWREHCE A. BROWN
120 ROBERT 8. 8EAN
125 BRUCE En BENSON
32S ANGELA M. COLE
375 JODI An DALLMAN
500 CHARLES S. DAVIS
.775 JAMES C~ EAKINS
870 KELLY P. FLANAGAN
1105 KERr ANNE GRAF
1190 KATHLEEN A. HEBERT
1400 PATRICIA R. HELGESEN
1415 SHAWN D. HEMPEL
1445 JASON On HENDRICKSON
1550 JAMES C. HURM
1'70() ,JEFFREY A. JENSEN
1800 DENNIS Dn JOHNSON
19.50 MAR"l-:IN L.. JONES
2100 WILLIAM F. JOSEPHSON
2500 SUSAN M. LATTERNER
2800 JOSEPH P. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R~ MARRON
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