072897 CC Reg AgP
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 28, 1997
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Dahlberg___
Stover
McCarty ___
O'Neill
Garfunkel
B. Review Agenda
2 . APPROVAL OF MINUTES
A. City Council Work Session Minutes July 8,1997 (Att.-#2AMinutes)
B. City Council Regular Meeting Minutes July 14, 1997 (Att.-#2B Minutes)
C. City Council Work Session Minutes July 14, 1997 (Att.-#2C Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
A. A Motion to Adopt a Resolution Approving a Temporary Gambling Permit
for the Clarence Clofer Squadron 259 (Att.-#3A Proposed Resolution)
B. A Motion to Approve a Block Party Request for August 23, 1997 from 4:00
to 10:00 p.m. (Rain Date August 24, 1997) - Noble. Road (Att.-#3B
Application)
A Motion to Adopt a Resolution Authorizing Application for a Metropolitan
Council Planning Assistance Grant (Att.-#3C Proposed Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
C.
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5. 7:30 P.M. DISCUSSION WITH SENATOR ED OLIVER ON
PROPERTY TAX REFORM
6 . PLANNING - Report by Representative
A. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#6A
Planner's Memorandum & Proposed Resolution)
Applicant: Dale Nelson, representing Don Christensen
Location: 4905 Suburban Drive
B . A Motion to Direct Staff to Prepare a Resolution Regarding a Preliminary
Plat (Att.-#6B Planner's Memorandum)
Applicant: Chuck Oberg
Location: 5590 Christmas Lake Pt
CITY COUNCIL AGENDA - JULY 28, 1997
PAGE 2 OF 2
C. A Motion to Direct Staff to Prepare a Resolution Regarding a Preliminary
Plat (Att.-#6C Planner's Memorandum)
Applicant: Peggy Greer, represented by Michael Greer
Location: 6045 Chaska Road
7 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
SUPPORTING THE CITY OF EXCELSIOR IN A GRANT
APPLICATION (Att.-#7 Proposed Resolution)
8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO
EXECUTE A QUIT CLAIM DEED AND EASEMENT FOR THE
SOUTHSHORE CENTER (Att.-#8 Proposed Resolution)
9. ADMINISTRATOR & STAFF REPORTS
A. Staff Report on Development Monitoring
B. Review Summer Work Session Schedule
10. MA YOR & CITY COUNCIL REPORTS
A. Mayor's Report on Meeting with Gideons Woods Homeowners'
Association
B. Report on Highway 7 Informational Meetings
C. Report on Coordinating Committee Meeting
- Discussion on Options for Animal Control
11. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#11)
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WSB
350 Westwood Lake Office
8441 Wayzata Boulevard
Minneapolis, MN 55426
B.A. Minelsteadt, P.E.
Bret A. Weiss, P.E.
Peter R. Willenbring, P.E.
Donald W. Sterna, P.E.
Ronald B. Bray, P.E.
& Associates, Inc.
612-541-4800
FAX 541-1700
iij~CG!~r
ll'~ JUL 25 1997'
By
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July 22, 1997
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Mr. Brad Nielsen
City Planner
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Warten Ponds - Tree Protection Spruce Trees
WSB Project # 1074.01
Dear Brad:
This letter is written in response to your request to provide comment on the construction
impacts that may have occurred to the two Spruce trees in Lot 2 at Watten Ponds.
My understanding is that these two trees have been impacted. What I have been told is that
originally the tree protection fence was placed very close to the two tree trunks and not at the
drip line as required. This fence was then taken down and dirt was stockpiled within the drip
line. The contractor, directed by you and Phil Tipka, the construction observer, removed this
stockpile. In the process of removing this dirt six inches of top soil was also removed from
the existing grade and tree roots were exposed. The contractor then was told to cover the
roots back up. This has been completed and the tree protection fence is now in place at the
drip line. All this work was completed with bob cats that would have compacted the soil.
These two Spruce trees were also originally part of a dense woods. Their form is open and
sparse and very susceptible to wind damage because they are no longer protected by
companion trees. This fact and the construction impacts may really have hurt the trees.
Construction damage can take as long as two years to appear on a tree. These trees will need
to be watched closely in that it appears as if damage may have occurred. There are some
practices that could encourage the health of the trees. Aeration of the soil beneath the drip line
could help alleviate the impacts of compaction. Fertilize the trees with an organic fertilizer in
order to encourage growth. Grass is a competitor with trees for food and moisture. It is
recommended that a wood chip mulch be placed beneath the trees under the drip line so that
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Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
,
Page 2
Tree Protection - Spruce
July 22, 1997
they do not have to compete with grass or lawn mowers!
If you have any questions or would like to discuss this further please feel free to call me at
541-4800 or 340-1662. Thank you.
Sincerely;
4,.~ Yh-~
Laurie McRostie
Landscape Architect
c: Larry Brown, P.E., City Engineer
Phil Tipka, WSB
Don Sterna, WSB
H.F.1163
---~
May 19. 1997
Papa
Current Law HF 2163 Target
Payable Payable Class Rate
1998 1998
Residential Homestead:
< 572.000 1.0% 1.0% -
S72.ooo - S75.ooo 2.0 1.0 -
>575.000 2.0 1.85 -
Residential Nonhomestead:
Single unit:
< 575.000 2.3 1.9 1.25%
> 575.000 2.3 2.1 1.85
2-3 unit and undeveloped land 2.3 2.1 -
Market-rate Apartments:
Regular . 3.4 2.9 2.5
Small cities 2.3 2.3 -
Low-illcome Apartments:
Title II 2.3 2.0. -
Farmer's Home Admin 2.0 1.9. -
Commercialllndustrial:
< 5100.000 3.0 2.1 -
$100,000 - 5150.000 4.6 2.1 -
> 5150.000 4.6 4.0 3.5
Seasoaal Recreadonal Commercial:
Homestead resortS (Ie) 1.0 1.0 -
Seasonal resortS (41:) 2.3 2.1 -
Seasoaal Recreadonal Residemial:
<$72,000 1.5 1.4 -
572.000 - 575,000 2..5 1.4 -
>575.000 2.5 2.5 -
Public Utility:
Personal propeny 4.6 4.0 3.5
Attadled machinery 4.6 4.0 3.5
Land '" buildings 4.6 4.0 3.5
Disabled homestead 0.45 0.45 -
AgriculturallaDd IE buildiDp:
Homestad:
<5115.000 0.45 0.4 -
> 5115.000:
. < 320 acres 1.0 0.9 -
> 320 acres 1.5 1.4 -
Non-Homestead 1.5 1.4 -
Class rates under R.F. 2163
. These classes are replaced by a new low-income housing class 4d effective for taXeS
payable in 1999, with a class rate of 1.0%
Research Department
Minnesota House of Representatives 600 State Otnce Building
- -_._- -_. .--- - -- ----- -.-------
Lead Republican SenillOr
Bill Belanger
(296-5975)
Researcht!1'
Ward Einess
(296-4106)
Republican Memben
Bill Belanger
Dick Day
David Knutson
Arlene Lesewski
Ed Oliver
Gen Olson
Pat Pariseau
Linda Runbeck
Committu CluIir
Doug Johnson
Highlights
-Property TaJC Rebate
-Levy Limits
-Senior Citizen Property
TaJC Deferral
-TaJC Exemptions
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THE OMNIBUS TAXBIU [Chapter23!]
Property Tax Reform and Rebate
Property Tax Rebate: In 1998 a $500 million property tax rebate will be distributed
to Minnesota homeowners and renters. The rebate will be calculated as a percentage of
homeowners' and renters' "pay 1997" property taxes and claimed as a refundable credit on
the 1997 state income tax form, filed in 1998. The rebate will equal approximately 20% of .
"pay 1997" property taxes.
K-12 General Education Levy: The state will reduce the general education levy by
$93 million for taxes payable in 1998 and thereafter.. In addition, the state will take over the
costs of the alternative facilities bonding levy. This levy takeover has a cost of $15.3
million. .
Target Class Rates: In addition to the above mentioned class rate changes, target class
rates are established in law for commerciaVindustrial property (target class rate; 3.5%),
apartments (target class rate; 2.5%) and residential non-homesteads (target class rate; 1.25%
first $75,000 of value, 1.85% value over $75,000). Progress will be made towards achieving
these target class rates as surplus revenues are captured in the Property Tax Reform Account
mentioned below.
Education Homestead Credit In order to insulate homeowners from the property tax
shifts associated with the class rate reductions, an education homestead credit is established.
The education homestead credit will provide a direct benefit to homeowners for education
costs which are a state responsibility. The credit will be shown on the property tax statement
as a state paid offset to the state controlled general education proPertY tax. For each
homestead, the education homestead credit will be equal to 32% of the state determined
general education levy, up to a maximum credit ofS22S. For "pay 98" property taxes, the
education homestead credit will have a cost of S 1 58 million.
Property Tax Reform Account: A property tax reform account is established. The
account will be funded with 60 percent of annual surplus revenues. On a biennial basis, the
governor will be required toreco~end a new class rate schedule for all properties. A
revised class rate schedule must include reductions in the class rates of
commercialfmdustrial property, aparunents and residential non-homesteads until such time
as ~ target class rates are achieved. The governor must further recommend an
appropriation of monies from the property tax reform account for pmposes of achieving the
specified class rate compression while mitigating the shiftina of tax burdens on other classes
of property. The mitigation of the property tax shift can be accomplished by increasing
funding of the education homestead credit, increasing the property tax refund and/or
increasing the state share of education funding (reduce K-12 general education levy).
Levy Limits: For cities and counties with a population in excess of2,Soo, a two year
levy limit will be implemented for taxes payable in 1998 and 1999. The levy limit will allow
93
94
for annual increases in the implicit
price deflator and growth in the
number of households. It also
allows for special levies outside the
limit for: I) bonded indebtedness;
2) flood costs; 3) levies to fund
matching requirements for federal
or state programs; and 4) levies
authorized via referendum and
spread on market value.
Miscellaneous
Property Tax
Provisions
Wind Energy Conversion
Systems: For taxes payable in
1998, large wind energy conversion
systems (defined as those which are
used as an electric power source
and produce more than 12
megawatts of energy) will be taxed
in the following manner: 25 percent
of the market value of all property
is taxable; this includes the
Additional levies above the
limit may be imposed with voter
approval and are spread on tax
capacity.
Renter's Credit:
Under current law, the
renter's credit is based on
the actual property taxes
attributable to the rental
unit. The bill changes the
calculation of the renter's
credit so that its based on
18 percent of gross rent.
($10 million increase in
the renter's credit)
Class Rate
Restructuring: One of
the central features of the
property tax reform
package is a substantial
restructuring of the class
rate structure. The
compression of the rates
contained in the bill
should result in
meaningful property tax
relief for commerciaV
industrial and rental
property, but more
importantly the rate
compression should
function as a restraint on
spending as homeowners
are required to pay for a
greater share of the
property tax levy. The
class rates for the major
categories of property
will be as follows for
"pay 98". [See Table)
Current
Law
Residential Homestead
Under 575,000
1.0
Over 575,000
2.0
COlDmerciallIndustrial
Under $150.000
Over $150,000
3.0 or 4.6
4.6
Residential NonbolDestead
Under $75,000
Over $75,000
D.plexes & Triplexes
2.3
2.3
2.3
ApartmeB"
3.4
Cabias
Under $7S,000
Over S75,000
1.5
2.5
Farm:Lalld & Buildiap
HomateDd 1Jndu 320 QCf'a..
..
Under S1I5,000
Oversns,ooo
.45
1.0
Homestead Over 320 QUU.
Under SI15.000
Over $11S,000
.45
1.5
1.5
Agricultural NonholDestead
Pay 98
1.0
1.85
2.7
4.0
1.9
2.1
2.1
2.9
1.4
2.5
foundation and support pad, the
supporting and . protective
structures, and the turbines, blades,
transformers and related equipment.
Biomass Property Tax
Exemption: Attached machinery
and other personal property that is
part of a system that generates
biomass electric energy will be
exempt from property taxes for a
period of five years from the time
the facility is constructed. In
addition, the exemption is only
effective upon approval of the
governing bodies of the
county, city/town and school
district.
Golf Courses: In an
effort to level the proverbial
competitive playing field
between municipal golf
courses and certain privately
owned golf courses, a
provision was included in the
tax bill that will provide a
reduced property tax class
rate for certain privately
owned golf courses. In order
to qualify for the preferential
class rate the golf course
must satisfy the following
criteria: I) privately owned
and open to the public on a
daily fee basis; 2) located in
a county with a municipal or
county owned golf course or
located in a county with a
population of less than
50,000; and (3) does not
discriminate.
.4
Installment and Lease
Purcbase Agreements: An
obligation created by a lease
purchase agreement for
personal property or a lease-
purchase agreement for real
property, if the amount of the
contract for purchase of the
real property is less than S 1
million, will not be included
in the calculation of net debt
limits and does not constitute
debt under any other
statutory. provision.
.9
.4
1.4
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1.4
Taxes & Tax Laws
95
Limited Market Value: The
"limited market value" law is
intended to insulate property
owners from substantial increases
in their assessed valuations so that
they are not hit with the entire
amount of the valuation increase in
one year. The tax bill strengthened
the '.limited market value" law to.
provide that the annual increase on
a qualifying property's market
value cannot exceed the greater of
( 1) ten percent of the preceding
year's value or (2) one-fourth
(current law is one-third) of the
difference between the current
assessment and the preceding year's
assessment. In addition, the
"limited market value" law is
extended until 2001. This change in
the formula should provide some
tax relief to cabin owners who are
experiencing rapidly escalating
property values.
Cabin Tax Credit: A new tax
credit is created for cabin owners
who experience annual property tax
increases in excess of 10 percent.
Under this property tax credit, if the
net property tax payable on cabin
property increases more than 10
percent over the net property taxes
payable in the previous year, and if
the amount of the increase is at least
$100, a claimant is allowed a
nonrefundable income tax credit
equal to 75% of the first $300 of
the increase over 10 percent.
(Biennium cost of $2 million)
Truth in Taxation
In order to provide a more
accurate representation of what
level of government is responsible
for what portion of a taxpayer's
property tax bill the truth-in-
taxation notice will be revised.
Rather than having the focus of the
notice be on a comparison of the
property owner's current and
proposed property taxes, the focus
changes to the local government's
spending. The new notice will
compare the proposed property tax
to the tax that would be levied on
the property if spending did not
change compared to the current
year. There will be four columns on
the new notice. The first column
will be the actual taxes payable in
the cUrrent year. The second
column will be the tax changes due
to spending factors. The third
column is the tax change due to
other factors such as valuation
changes and state aid changes. The
fourth column will be the proposed
property tax amount for the
following year for each taxing
jurisdiction. In addition , the new
notice will include three tax
amounts for school districts: the
state-determined school tax, the
voter-approved levies and other
school levies.
Senior Citizen
Property Tax Deferral
Beginning in 1999, a property
tax deferral program for senior
citizens with total annual household
incomes of less than $30,000 will
be established.
In order to qualify for the
deferral program the following
criteria must be satisfied: 1) The
property must be owned and
occupied by a person 6S years of
age or older, 2) the total annual
household income of the
homeowners must not exceed
$30,000; 3) the homestead must
have been owned and occupied by
at least one of the owners for at
least 15 years preceding application
for deferral; 4) there must be no
delinquent taxes, penalties, interest
or special assessments on the
property; and 5) the total unpaid
balance of debts secured by
mortgages and other liens against
the property must not exceed 30010
of the market value of the property.
A qualifying applicant may
defer the property tax on their
homestead that exceeds 5 percent of
their household income. The state
pays the deferred taxes, and the
deferred taxes constitute a lien on
the property. The deferral
terminates if the property is sold,
the homeowner dies, the property is
no longer a homestead, or the
taxpayer chooses to discontinue the
deferral.
Business Tax Study
The Legislative Coordinating
Commission (LCC) will conduct a
study on business taxation,
including telecommunications. The
study is to look at the corporate
franchise tax, the sales tax on
business purchases, and the
property tax on businesses. The
study is to analyze the effect of
substituting other forms or types of
business taxation for these taxes.
The L.C.C. is authorized to hire
consultants to help prepare the
study and may appoint a working
group of legislators to be involved
in the study. The Deparnnent of
Revenue and business groups are
also to be involved in the study.
Tax Increment
Financing
Local Abatement Autbority:
A local unit of government is
authorized to abate its tax on a
property. It may do so if: 1) it
expects the benefits to the political
subdivision from the proposed
abatement agreement to at least
equal the costs to the political
subdivision; and, 2) it finds that
doing so is in the public interest,
because it will increase or preserve
the tax base, provide jobs, provide
or help acquire or construct public
facilities, redevelop or renew
blighted areas, or provide access to
services for residents. The
maximum duration of an abatement
is ten. years. In any year, the total
amount of property taxes abated
may not exceed the greater of five
percent of the current levy, or
$100,000. This abatement authority
is perceived as a viable alternative
to traditional tax increment
fmancing.
96
Use of Increment from
Redevelopment Districts: The
provision governing use of
proceeds of tax increments from
redevelopment districts is amended
to provide that the costs include,
but are not limited to, those costs
that are listed in current law. The
allowable uses are expanded to
include costs of the rehabilitation of
strUctures and removal or
remediation of hazardous
substances.
Caps on Land Acquisition:
The bill loosens restrictions on
acquiring land with TIF bonds.
Allows land to be acquired without
a development agreement if the
acquisition of the land is not funded
by bonds that are secured by tax
increment from the acquired
property .
Eliminate Fiscal Disparity
Contribution Elections for New
Economic Development Districts:
Newly certified economic
development TIF districts will no
longer be eligible for the option in
current law that allows application
of the fiscal disparities law in a TIF
district under which the fiscal
disparities contribution from
properties in the district is made by
. the municipality and not by the
properties in the district. Under this
new TIF provision, property within
an economic development district
certified after June 30, 1991, would
be. treated the same for purposes of
the application of fiscal disparities,
as would property outside the
district in the municipality.
Economic Development
Districts: The permitted use for tax '
increments derived from an
economic development district is
expanded to allow two types of
commercial facilities. One such
commercial facility is a "qualified
border retail facility". In order to
qualify, the commercial facility
must satisfy the following criteria:
1) be located in a small city (pop.
5,000 or less) within one mile of the
state border and outside the seven-
county metropolitan area; 2)
contain at least 25,000 square feet
of retail space; and 3) without the
use of tax increment financing, the
facility will locate in another state
or country.
Tax increment can also be
utilized to assist a separately owned
commercial facility of up to 15,000
square feet that is located in a city
of 5,000 or less.
Joint Legislative TIF Task
Forc'e: A task force comprised of
six house members and six Senate
members will be established for
purposes of recodifying the TIF law
and to recodify and combine the
development authority laws into a
single development authority with
uniform powers.
Buffalo Lake TIF: The TIF
district located in Buffalo Lake will
be exempt from the LGAlHACA
offset provision if the ethanol
facility to be constructed in the
district is certified by the
Commissioner of Agriculture to
qualify for state payments by
December 31, 1998.
Brooklyn Center TIF:
Exempts the Brooklyn Center TlF
district from the five year rule until
December 19, 2004. The five year
nile requires spending to be
completed, bonds to be issued, or
binding contracts to be entered
within the five year period.
Gaylord TIF: Allows Gaylord
to extend the duration of the TlF
district until December 3 I, 2008.
Minneapolis Housing
Transition District: Authorizes the
creation of a housing transition
district in order to satisfy the
requirements of the consent decree
issued in the case of Holman v.
Cisneros. The district may consist
of: 1) parcels that contained public
housing projects demolished or
required to be demolished by the
, ,
.
,
consent decree; and, 2) additional
acreage not to exceed an amount
equal to 10% of the areas of the
parcel that contained public housing
subject to Holman.
Sales and Excise Taxes
Tax Expansions: Food and
Beverages Prepared by the Retailer
(Donut Tax): Most food and drinks
prepared for immediate
consumption will be taxable. All
food and drinks sQld on premises
where admission is charged will be
subject to the sales tax. In addition,
in-store deli items, ice cream treats
sold in individual servings and
bakery products that are consumed
on the premises will be subject to
the sales tax. [Biennial revenue
increase of$6.3 million}
Indoor Plant Care: Under
current law garden planting and
maintenance are taxable services.
This provision would extend the
sales tax to indoor plant care
services. [Biennial revenue increase
of $ 1.4 million}
Tax Exemptions
Permanent Exemption for
Used Farm Machinery: The
current-law sales tax exemption for
used farm machinery is made
permanent. New farm machinery
will continue to be taxed at the rate
of 2.5%. [Biennial cost of $2.5
million}
Replacement Capital
Equipment: Beginning July I,
1998, replacement capital
equipment will be exempt from the
sales tax. This is a recommendation
of the Sales Tax Advisory Council.
[Bienniai cost of $3. I million}
Materials Used or Consumed
in Providing Taxable Services .
(Pyramiding): Beginning in year
2000, materials used or consumed
in providing taxable services will be
exempt from the sales tax. The list
T cues & T cu Laws
97
of taxable services that will qualify
for this exemption includes laundry
and dry cleaning, car washing,
building cleaning, detective
services, pet grooming, lawn care,
massage, and animal boarding. This
is a recommendation of the Sales
Tax Advisory Council. [A cost in
the 2000-0/ biennium of $/5.8
million}
Veterans Homes, State
Hospitals, and Nursing Homes:
Provides a prospective sales tax
exemption for purchases made by
veterans homes operated by the
veteran's homes' board of directors
and purchases made by hospitals
and nursing homes owned and
operated by the State of Minnesota.
[Biennial cost of$I.2 million}
For-Profit Hospitals: Adds
the gross receipts from the sale of
tangible personal property and the
storage, use, or consumption of
such property by a hospital to the
list of items exempt from sales tax.
F or purposes of this exemption,
hospitals are defined as a hospital
licensed under Minnesota Statutes
Chapter 144, or a hospital licensed
by any other jurisdiction. [Biennial
cost of $200,000}
Non-Profit Hospitals: Adds
the gross receipts from the sales of
tangible personal property and the
storage, use, or consumption of
such property by a hospital to the
list of items exempt from sales tax.
F or purposes of this exemption,
hospitals are defmed as a hospital
organized and operated for
. charitable purposes within the
meaning of section 50le (3) of the
Internal Revenue Code and licensed
under Minnesota Statutes Chapter
144 or by any other jurisdiction.
[Biennial cost of$200,OOO}
Construction Materials for
Correctional Facilities: The gross
receipts from the sale of and
storage, use, or consumption of
construction materials and supplies
are exempt from the sales tax if
purchased for use in a project to
construct or improve an adult or
juvenile correctional facility in a
county, home rule charter city or
statutory city, and if the project is
mandated by state or federal law,
rule or regulation. [Biennial cost of
$2 million}
Construction Materials for
Science Museum: Construction
materials for the Minnesota Science
Museum are exempt from sales tax.
[Biennial cost of$900.000}
Region-Wide Public Safety
Radio Communications System:
Provides a sales tax exemption for
the sale of products or services used
for the construction, ownership,
operation, maintenance, and
enhancement of the backbone
system of the Region wide Public
Safety Radio Communications
System. [Biennial cost of SI
million}
Alfalfa Proc:essinl Facility:
Provides a sales tax exemption for
construction materials and supplies
used in constructing an alfalfa
processing facility that develops
agricultural products made from
alfalfa leaf material or produces
biomass energy fuel for electricity
from alfalfa stems. To qualify for
the exemption the total capital
investment in the project must be at
least $50 million. [Biennial cost of
$500,OOO}
Wind Energy Conversion
Systems: This provision reinstates
the sales tax exemption applicable
to the sales of wind energy
conversion systems and the
materials used to manufacture,
install, construct, repair or replace
the systems if the systems are used
as an electric power source.
[Biennial cost of$700,OOO}
Court Transcripts:
Transcripts of verbatim testimony
by a court reporter to parties or
their representative will be exempt
from sales tax. This exemption is
retroactive to January I, 1992.
[Biennial cost of$]'2 million}
Charitable Gift of Motor
Vehicle: No longer will sales tax
be owed on the transfer of a motor
vehicle by way of a gift to a
501(cX3) organization when the
vehicle will be used exclusively for
religious, charitable or educational
purposes. [Biennial cost is minimal]
Payment of a Share of Tribal
Tax Agreements to Counties: Ten
percent of the state's share of the
revenue derived from the tax
agreements with the tribal
governments will be appropriated to
certain counties that have a tribal
casino located within their borders.
A county qualifies for a revenue
payment if one of the following
conditions are satisfied: 1) the
county's per capita income is less
than 80 percent of the state's per
capita income; or,
2) 30 percent or more of the total
market value of real property in the
county is exempt for ad valorem
taxation. Currently, the counties of
Scott and Goodhue are the only
counties with casinos that would
not qualify for a revenue payment.
[Biennium cost of between $1.0- I. I
million}
Local Option Sales and
Use Taxes
Uniform Local Sales Tax
Rules: Uniform rules for the
implementation and administration
of local sales taxes are established;
The uniform rules include the
following: 1) Local tax rate applies
to all taxable sales, regardless of
lower or higher state rate on certain
sales; 2) Complementary use tax
apP.1ies to all local option sales
taxes; 3) All state exemptions apply
to local option taxes; and 4) All
collection and administration of
local option sales taxes is to be
conducted by the Commissioner of
Revenue, except those imposed by
political subdivisions which
98
collected and administered their
own taxes prior to January I, 1998.
This is a recommendation of the
Sales Tax Advisory Council.
City of Willmar Local Sales
Tax: The City of Willmar is
authorized to impose an additional
sales and use tax of up to one-half
of one percent on all items and
services subject to the state general
sales tax. The proceeds of the local
sales and use tax will be utilized to
pay the capital and administrative
costs associated with the
acquisition, construction. and
improvement of the Willmar
Regional Library project.
Cook County Local Sales
Tax: The County of Cook is
authorized to expand the use of
revenues generated by the Cook
County sales tax. Specifically, local
sales tax revenues may be used to
pay the costs of remodeling the
North Shore Care Center and
providing additional improvements
to the North Shore Hospital.
Income Tax
Long Term Care Insurance:
Beginning in year 2000, taxpayers
will be able to claim a state income
tax credit equal to 25% of long term
care premiums not deducted for
federal income tax purposes. The
maximum total credit is $200 for
married couples and $100 for all
other taxpayers. In order for the
policy to qualify for the credit the
policy must provide a minimum of
$100,000 of lifetime, long term care
benefits and include inflation
protection that meets or exceeds the
standard specified in federal law.
[cost for 2000-01 biennium ofSl.9'
million}
Job Training Credit/Refund
(RISE): A job training
credit/refund is established for
purposes of providing businesses
with an incentive to hire and train
difficult to employ individuals. The
program allows a tax credit equal to
the sum of placement fees paid to a
job training program upon hiring a
qualified program graduate and
retention fees paid to a job training
program for retention of a qualified
graduate of the program. The total
amount of credits available is
limited to $1.2 million over five
y~ars. The program will be sunset
after five years. [Biennium cost of
5300,000)
Third-Party Bulk Filers: The
Commissioner of Revenue will be
responsible for registering,
monitoring and regulating third-
party filers in order to help ensure
that they are being operated in a
fiscally sound manner. {One time
cost of$250.000}
State Mandates
In an effort to acquire more
comprehensive data regarding the
fiscal impact that state mandates
have on local units of government,
a diVIsion of state and local
mandates is created within the
Department of Finance. Upon
request of the tax chairs or the
ranking minority members of the
tax committees, the Department of
Finance will be required to prepare
a fiscal note regarding legislation or
a rule that imposes a mandate on
local governments. In addition, any
legislation introduced after June 30,
1997 that seeks to impose a
mandate on political subdivisions
must include an attachment from
the author that explains why and
how the mandates are.. to be
imposed and descriptions of efforts
to involve the impacted local
governments in creation or
development of the mandate.
Biennially, the Department of
Finance will be required to prepare
a report regarding the costs
imposed on local governments of
certain sta~e mandates.
Prevailing Wage
The state prevailing wage law
will be applicable to the
construction, remodeling or
improvement of an educational
facility with an estimated cost of
more than a SIOO,Ooo,
Local Government
Lobbyists
Local government associations
will now be required to report to the
state auditor the amount they spend
lobbying on behalf of their
association members. Specifically,
local government associations will
be required to file an annual report
with the state auditor and
association members delineating the
proportionate amount of each
members's dues that are expended
for lobbying purposes.
Items That Did Not
Pass
Income Tax Rebate
The Governor's original
proposal to return $750 million to
the taxpayers via an income tax
rebate was not enacted. Instead a
$500 million property tax rebate
was enacted.
(
,.
... '"'.
L~
Permanent Income
Tax Rate Reduction
A couple of bills were
introduced that would have reduced
the income tax rate applicable to the
first income tax bracket from 6% to
4%. This reduction would have
provided an annual tax decrease of
approximately S560 million.
f
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.
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128' www.state.net/shorewood' cityhall@shorewood.state.net
Executive Summary
Shorewood City Council Meeting
Monday, July 28, 1997
Agenda Item #3A: This resolution approves a temporary gambling license for Saturday,
September 13, 1997 for the Clarence Clofer American Legion Post #259 for bingo, raffle and
tipboard activities.
Agenda Item #3B: The action here would be just a motion to authorize closing off Noble Road to
through traffic near the west end cul-de-sac from 4 to 10 p.m. on Saturday, August 23 (rain
date Sunday, August 24). The Police Chief and Fire Marshal have reviewed and approved the
request with the understanding that access for emergency vehicles will be maintained.
Agenda Item #3C: Because grant application deadlines do not always coincide with City Council
meeting dates, this resolution will need to be approved by the City Council before our
application for planning funds will be completed. Many cities in the metropolitan area are
applying for the funds through the Metropolitan Council to assist in planning efforts. We
estimate that we would receive $3,000 to $4,000 to help us financially with the many planning
efforts we will be involved in over the next year.
Agenda Item #5: Senator Oliver has been invited to attend a City Council meeting to discuss last
legislative session and the topic of property tax reform. He is able to attend this meeting and
will be present at approximately 7:30 p.m.
Agenda Item #6A: Don Christensen initially requested a three lot subdivision for his property at
4905 Suburban Drive. After considerable discussion at the Planning Commission, the
applicant revised his request to divide the property into two lots, both of which comply with
the requirements of the R-1C zoning district. The Planning Commission voted unanimously to
approve the simple subdivision. The proposed resolution requires a simple majority vote by
the City Council.
Agenda Item #6B: Dr. Charles Oberg and three of his neighbors would like to rearrange the lot
lines between their properties to reflect existing use of the properties and eliminate driveway
easements on their lots. The Planning Director has recommended approval and the Planning
Commission agree unanimously to approve. Approval by the City Council requires a simple
majority vote.
A Residential Community on Lake Minnetonka's South Shore
.
.
Executive Summary - City Council Agenda for July 28, 1997
Page 2 of 2
Agenda Item #6C: Michael Greer has requested approval of a subdivision to split the property at
6020 Galpin Lake Road into two lots. You may recall that this property was part of an earlier
division this year. The two new lots comply with the requirements of the Shorewood Zoning
Code. The Planning Commission agreed with a recommendation by the Planning Director to
recommend approval of the division subject to removal of the existing stable building within
six months of Council approval of the division. Approval requires a simple majority vote of
the Council.
Agenda Item #7: This resolution authorizes the City of Shorewood to be a sponsor for the City of
Excelsior for their Federal Transportation Enhancement Fund application for $688,928 in
IS TEA funds for the project entitled "Excelsior Streetcar Line Completion."
Agenda Item #8: This resolution authorizes the execution of documents that are necessary to
convey the Senior Community Center land to the cities of Deephaven, Excelsior, Greenwood,
Tonka Bay and Shorewood, as agreed to in 1996 in the Cooperative Agreement for the
development signed by all five cities.
CITY OF SHOREWOOD
WORK SESSION MEETING
TUESDA Y, JULY 8, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
DRAFT
Mayor Dahlberg called the meeting to order at 7:42 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, and O'Neill; Administrator
Hurm; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI
Rolek.
Absent:
Councilmember Garfunkel
.
B . Review Agenda
The agenda was approved as presented.
2. DISCUSSION OF CAPITAL IMPROVEMENT PROGRAM,
SPECIFICALLY WATER AND STREET POLICIES
The Council reviewed a list of water policy questions which also outlined the existing policy for
each policy area as well as the suggested policies which had been discussed at a prior work
session.
There were no changes made to the Council's suggested policies as outlined for Questions 1.1,
1.2, and 1.3.
Question 2.1
.
Water is on Smithtown Road. Smithtown Circle is a cul-de-sac off of Smithtown Road with five
homes on it. If they submit a 100 percent petition for water, what would they pay per unit?
The suggested policy was that a feasibility study would need to be done and the project would have
to be financially feasible. The formula would be the actual cost minus oversizing, minus water
revenue over the break-even point. Total costs were not to be less than $5,000.
Mayor Dahlberg felt this would be a clear policy if a break-even point were established, however,
he noted that point would be somewhat arbitrary. He commented he would not want to deny an
area which has a 100 percent request for water their feasibility for that by arbitrarily restricting the
break-even point. He stated it would be much more reasonable to stretch the break-even point out
five or seven years to make the project more feasible. Mayor Dahlberg suggested five years would
be a good target for breaking even on the infrastructure.
Councilmember Stover felt the existing policy simplifies the situation by setting a $5,000
assessment per unit. She stated under the suggested policy, different property owners would be
paying different amounts for the same service.
~A
COUNCIL WORK SESSION MINUTES
JUL Y 8, 1997 - PAGE 2
Councilmember Stover inquired whether the Council would prefer residents are encouraged or
discouraged to hook up to water and stated she would prefer the Council not do either. Mayor
Dahlberg wanted this issue to be neutral. Councilmember McCarty commented she felt people are
discouraged from hooking up.
Mayor Dahlberg commented if property owners are given a reasonable break -even period, the
policy would be neutral. He stated this would be as neutral as any business which offers a service
for a price. Councilmember Stover pointed out the City is a monopoly in that property owners
either have their own water or they have City water, but they do not have any alternative choice.
She did not feel property owners should be charged more or less than someone else who is
receiving the same water service. Councilmember Stover was in favor of charging a flat fee and
noted everyone pays the same fee for sewer service.
Councilmember O'Neill raised the issue of feasibility and asked at what point the Council would
determine a project is not feasible. Nielsen explained this would be determined through a review
of the project feasibility study which will include an analysis of the break-even point.
Mayor Dahlberg felt applying the same standard of a five year break -even period would be fair to
all neighborhoods. The alternative would be for the Council to consider each request on a case by .
case basis in determining financial feasibility.
Brown suggested a possible alternative would be to develop a standard in which the City meets the
legal requirements for determining feasibility from a statutory standpoint. Staff would also
calculate the break-even point. It could also be calculated to meet the break-even criteria in the
event residents are willing to pay a higher amount.
Mayor Dahlberg and Councilmember O'Neill stated this is a compromise which would be
acceptable to them. Mayor Dahlberg stated the Council could discuss the number of years over
which a project must break even as a standard or guide. He felt it would be preferable to utilize a
guideline rather than an absolute standard to avoid a situa40n where someone would be denied due
to borderline feasibility. .
Mayor Dahlberg asked if the Council would be willing to adopt a five year break-even period as a
guideline. Nielsen stated consideration would need to be given to how long the City could fmance
a project. If the system is not building, there will not be excess funds to cover the cost.
Rolek stated at the present time, property owners are assessed over a 15 year period of time. He
felt five years would be a somewhat limited period of time and that 10 years may be more
appropriate.
.
Councilmember O'Neill pointed out on smaller projects, due to the difficulty of obtaining bonds,
the financing would have to be picked up by the City. He also pointed out the City would need to
have the funds to invest.
It was decided to amend Sentence No.3 of the suggested policy to read: "The formula would be
actual cost minus oversizing minus water revenue over the break-even point as set by Council
guidelines. "
There were no changes made to the Council's suggested policies as outlined for Questions 2.2 and
2.3.
.
.
COUNCIL WORK SESSION MINUTES
JULY 8, 1997 - PAGE 3
Question 3.1
Water is on Smithtown Road. Smithtown Circle is a cul-de-sac off of Smithtown Road with five
homes on it. A petition from four of the five neighbors is submitted for water.
The suggested policy was that four would pay the cost of the project minus oversizing minus water
revenue over the break-even period. The fifth person would not need to participate but would need
to sign off on the project.
Councilmember Stover suggested changing Sentence 1 to read, "Four would pay the cost of the
project minus oversizing minus water revenue over the break -even period and the assessment
would not be less than $5,000 per house."
There were no changes made to the Council's suggested policies as outlined for Question 3.2.
Question 3.3
What if the fifth resident wants to hook up at a later date, what would the charge to that property
be?
The suggested policy was they would pay the same as what the others paid for the project plus
inflation.
Councilmember McCarty remarked the fifth person should pay back the neighbors. The neighbors
are then paying more to make up for the fifth person. Rolek pointed out the project cost divided by
four property owners results in a higher assessment. The fifth person would then eventually pay
the higher price which was paid by the neighbors. Councilmember McCarty felt uncomfortable
with this given the additional burden it places on the surrounding neighbors.
Councilmember Stover suggested the four neighbors pay their assessment and the City fund the
assessment of the fifth person with the knowledge the City will recover the funds at some point in
the future. Mayor Dahlberg stated this could be a possible approach in determining the financial
feasibility of a project.
Councilmember O'Neill was in agreement with Councilmember Stover's suggestion of the City
funding the assessment of the fifth person. He stated he is not in favor of the surrounding
neighbors funding the project for the fifth person. In addition, he would not be in favor of the
windfall which the City would actually gain from this particular policy.
Mayor Dahlberg felt Councilmember O'Neill was changing his position in an extremely
fundamental way. He noted Councilmember O'Neill's previous position had been that a property
owner should pay whatever the cost of municipal water becoming available to their property.
Mayor Dahlberg suggested if the City retains the ability to determine feasibility, this will ensure
property owners will not be over assessed. In addition, the Council could use some. flexibility in
determining the feasibility of a project and this would ensure that property owners wanting water
will actually get it. Mayor Dahlberg pointed out if the City is paying the fifth assessment, this may
be the determining factor in whether or not the project is feasible.
Mayor Dahlberg stated there will be a judgment call relative to feasibility on a case by case basis.
Brown stated the Council will have to determine the guideline for what is considered feasible for
statutory purposes.
COUNCIL WORK SESSION MINUTES
JULY 8, 1997 - PAGE 4
Nielsen pointed out it will still be necessary for the four residents requesting water to obtain the
approval of the fifth in signing off with the knowledge the fifth person will eventually have to pay
the assessment.
Mayor Dahlberg stated he wants the system to be available when it is petitioned for.
Councilmember McCarty stated she also wants it to be viable.
Question 4.0
A petition is received for water in an area where it is not available. A trunk main would need to be
extended to provide the service. What would the cost be for each unit that petitioned for water?
The suggested policy was the petition must be 100 percent (including sign-off). The project must
be financially feasible. The project includes trunk main. Formula is cost minus oversizing minus
water revenue over the break -even period.
The question was raised if there is a need to extend the trunk main, would the people along the
trunk main who are not petitioners also have to sign off. Mayor Dahlberg and Councilmember
O'Neill stated they would. .
Rolek pointed out in the event the trunk main must be extended in the area of people who are not
petitioners, but sign off on the project, this cost would have to be covered by the City and this
would affect the financial feasibility of the project.
Brown remarked the City would need to keep track of all of the various assessment costs for the
point in the future when a resident who signed off on the petition would decide to connect to water
and be required to pay the assessment.
Councilmember McCarty stated another point relative to feasibility is the fact that potential hook
ups could be improving the water system by connecting more wells and allowing it to operate more
efficiently.
Councilmember McCarty expressed concern that a large number of people could petition for water,
however, if one person refused to sign off on the petition, the petition would not be successful.
MayorDahlberg recalled the Council had discussed at a prior work session that under such extreme .
circumstances, the Council could, by 4/5 vote, make an exception and accept the petition.
It was decided the Council will further discuss setting a percentage given the fact there is a
substantial difference between a 15/1 petition and a 4/1 petition. Councilmember McCarty
commented this language would be acceptable, as long as a percentage is addressed.
The suggested policy will be amended to include, "A 1 00 percent petition can be changed by a 4/5
vote of the Council." The Council will further discuss what the exact threshold will be.
Question 5.1
It has always been the City's policy to require commercial and multi-family units to hook up to
water within 90 days of it becoming available. Should this policy continue?
The suggested policy was not for buildings of four or fewer units. Yes for commercial,
apartments of over four rental units and anything requiring a sprinkler system.
COUNCIL WORK SESSION MINUTES
JULY 8, 1997 - PAGE 5
Brown reported he has received calls from NSP relative to water and running a 6-inch watermain.
NSP stated this is not a budgeted item at this time. Councilmember Stover suggested exceptions
and variances could be considered.
Question 5.2
If so, what would be the cost for water for these types of development (example, four unit multiple
family)?
The suggested policy was cost. Mayor Dahlberg commented this should be a minimum of $5,000
to cost. Councilmember Stover felt in the case of a larger development such as the Shorewood
Shopping Center, that type of facility should pay a higher cost than a single family residential
property.
.
Mayor Dahlberg anticipated the assessment for a multi-family unit to be higher since it is a more
expensive project. Brown clarified a larger pipe is run for a multi-family unit. Mayor Dahlberg
remarked if it is more expensive to supply water to a multi-family dwelling as it would be to supply
it to a commercial unit, he would not have a problem with assessing them more.
Hurm provided a copy of the current policy relative to the method of assessment. Councilmember
Stover stated the policy would stay the same with the Rate of Assessment being $5,000.
Question 6.1
If a developer of a new development submits a 100 percent petition for municipal water, will water
be extended to the area?
The suggested policy was yes, if fmancially feasible and if water is immediately adjacent.
Properties where main goes by must agree with or sign off on the project.
The language of the suggested policy was changed to, "Yes, if financially feasible. Council will
take into account all other policies when determining financial feasibility."
Question 6.2
. At what cost?
The suggested policy was cost minus oversizing.
Councilmember Stover recalled the minimum of $10,000 was initially established with the thought
that new lots are being created and the new lots have not contributed to the water system over the
years as have the existing lots.
Rolek clarified under the existing policy, new lots were charged a $5,000 assessment in addition to
a $5,000 connection charge.
Mayor Dahlberg was comfortable with the idea that charging $10,000 would shorten the break-
even period. If the actual cost is ultimately more than $10,000, then the assessment would be the
actual cost.
Brown pointed out some developers are installing their own watermains which would affect the
cost. Mayor Dahlberg clarified there would be a minimum cost of $5,000 plus the $5,000
connection fee.
COUNCIL WORK SESSION MINUTES
JULY 8, 1997 - PAGE 6
The suggested policy was amended to read, "Cost, but no less than $5,000, plus a $5,000
connection fee."
3. REPORTS
Brown reported the Public Works Committee met and discussed pavement management. A
number of the cities are beginning three to five year seal coating programs.
Currently $30,000 is budgeted for this work. Brown stated these funds will cover only a small
fraction of the city. With increasing roadway reconstruction costs, Brown believed maintenance a
far better solution than attempting to catch up and pay the costs of reconstruction of the roadways.
Brown suggested contributing additional funds toward preventative maintenance rather than
reconstruction. He stated the funds would be obtained from the roadway fund and this would be a
better cost alternative.
Brown also reported on the situation with the Smithtown Road contractor relative to the failing
pavement. Brown is recommending to OSM, who is in agreement, that options be explored with .
the contractor taking the mill down Smithtown. It would be a total cost to the contractor to mill and
overlay the roadway. In addition, the contractor would also pay the cost of mill for the City's
portion of the roadway and the City would cover the cost of the overlay.
Brown reported compaction reports came back indicating the density requirements were met,
however the overlay was insufficient. He pointed out the wet weather has allowed for the
maximum amount of failure to the roadway. Brown explained from a practical standpoint of
interruption and inconvenience, milling and overlay is the best alternative.
It was the consensus of the Council to follow Brown's recommendation. Councilmember Stover
was in favor of not inconveniencing the residents.
4. ADJOURNMENT
Dahlberg moved, Stover seconded to adjourn the City Council Work Session
Meeting at 9:38 p.m. Motion passed 4/0.
.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST: .
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDA Y, JULY 14, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
CONVENE CITY COUNCIL MEETING
DRAfT
1.
Mayor Dahlberg called the meeting to order at 7:34 p.m. and announced the City Council will
convene in Work Session format upon adjournment of the regular meeting.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel;
Administrator Hurm; City Attorney John Dean; Engineer Larry Brown.
Review Agenda
B.
.
MayorDahlberg noted the addition of Agenda Item 2D to consider the June 16, 1997, Work
Session Minutes from the Watten Ponds Development Site. Engineer Brown requested Agenda
Item No.7, be modified to "Consideration of a Motion to Adopt a Resolution Accepting Feasibility
Report for the South Link Lateral Extension". The agenda was accepted as amended for July 14,
1997.
2. APPROV AL OF MINUTES
.
A. City Council Work Session Meeting Minutes - June 16, 1997
O'Neill moved, Garfunkel seconded approving the City Council Work Session
Meeting Minutes for June 16, 1997, as amended on Page 3, Paragraph 2, change
Sentence 2 to read, "Mayor Dahlberg believed this was a clear cut policy;" Page
4, Item 3, change Sentence 2 to read, "The residents expressed an interest in
designing a bridge as a surrogate speed bump." Page 5, Paragraph 2, Sentence 3,
change to read, "10 mile per hour speed limit design"; Page 6, Paragraph 5,
change to read, "The consensus of four members of the Council;" and add,
"Mayor Dahlberg believed the liability issue did not necessarily prohibit
alternative designs." Motion passed 5/0.
B . City Council Regular Meeting Minutes - June 23, 1997
Stover moved, McCarty seconded approving the City Council Regular Meeting
Minutes for June 23, 1997, as amended on Page 3, Item 8A, Paragraph 3,
Sentence 5, change "pointed out" to "asked if"; Page 4, Paragraph 7, change to
read, "Mayor Dahlberg expressed concern that the violations raised could be
observed by staff on a 10-minute drive through of the development." Paragraph
10, Sentence 1, change to read, "Mayor Dahlberg commented that the City is only
questioning 1 of the 17 violations which were raised." Page 5, Paragraph 1,
Sentence 1, change "stating" to "stated"; Item B, Paragraph 1, Sentence 3, add
"of the land." Paragraph 5, Sentence 3, change "with" to "without"; Paragraph 6,
change "Greenhaven" to "Deephaven"; Page 6, Paragraph 1, change to read,
"Councilmember O'Neill noted he has requested staff obtain a report from Chief
Young relative to the amount of time Officer Keller spends patrolling a particular
area. " Motion passed 5/0.
#~B
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 2
C . City Council Executive Session Meeting Minutes - June 23, 1997
Stover moved, Garfunkel seconded approving the City Council Executive Session
Meeting Minutes for June 23, 1997, as submitted. Motion passed 4/0.
(Councilmember McCarty abstained.)
D . City Council Work Session Meeting MinuteslW atten Ponds
Development - June 16, 1997
O'Neill moved, Dahlberg seconded approving the City Council Work Session
Meeting MinuteslWatten Ponds Development for June 16, 1997, as submitted.
Motion passed 3/0. (Councilmembers McCarty and Stover abstained.)
3. MATTERS FROM THE FLOOR
Fred Dresser, 5480 Gideon Woods, appeared representing the Gideon Woods Association and
thanked Mayor Dahlberg and Councilmember O'Neill for the time they have spent with the
Association reviewing the problems they are experiencing.
Mr. Dresser distributed a priority list to the Council. He stated there is a Universal Outdoor sign
on the corner of the Gideon Woods property and County Road 19. This sign was scheduled for
removal on July 1, 1997, however, given the $2,000 per year the Association receives relative to
that sign as well as the benefit it creates in providing a barrier from the car lights and noise from
County Road 19, the neighbors have signed a petition requesting the sign not be removed.
Planning Director Nielsen explained both the ordinance and the development agreement require
removal of the sign. Councilmember Stover recalled the intent of the City had been to remove
signs of this type from the community.
Mayor Dahlberg explained many of the issues of the Association are such that the Association may
have to hire legal counsel and one of the reasons the Association would like to keep the sign on the
property is to offset the costs they will incur.
MayorDahlberg stated the Council will need to explore whether the value in taking the sign down
is an abstraction where the value of keeping it there is quite concrete.
Councilmember O'Neill suggested this be added to a future agenda and the sign be allowed to
remain in the meantime. Councilmember Stover stated she would like to have a legal opinion on
the matter. She would also like to know the ramifications the City could face relative to other
people who were not allowed to keep a sign on their property.
City Attorney Dean stated one of the issues for the Council to determine when this matter is
address is whether or not there is any precedential value which might have a damaging effect. He
also stated the Council has a right for a brief period of time to delay on any further action while the
Council considers whether or not an ordinance amendment is appropriate.
Mayor Dahlberg directed this matter be returned to the Council for review and consideration on
August 11, 1997.
A. DISCUSSION WITH POLICE CHIEF RICK YOUNG ON TRAFFIC
CONTROL MEASURES
Councilmember O'Neill explained there have been many requests from residents for things such as
speed bumps and the consensus of the Council was to address these issues through enforcement.
.
.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 . PAGE 3
Chief Young stated it would not be possible to log where Officer Keller has been working. This
would be reflected in the citations which he issues, however, the computer was unable to track this
information in the past. He stated it would be possible to do that particular task from this point on.
Chief Young reported the number of citations are going down due to the increase in calls the police
department receives. He pointed out when an officer is called to a location, this takes him away
from traffic enforcement.
Chief Young also pointed out there has been an increase in filles, so financially there is not much
of a drop, however, the police department takes into consideration the number of citations issued.
In a one year period of time, Chief Young explained the average officer wrote 277 tickets.
Shorewood Officer Keller issued 523. During this period of time, Officer Keller also had 677
enforcement contacts of which 215 were for speeding.
Chief Young believed there to be 12 to 18 trouble spots in the City. The majority of the complaints
appear to be during the afternoon rush hour. He explained there has been spot patrolling of these
areas. Chief Young stated from an enforcement standpoint, this would require additional funds
either for an additional officer or overtime for existing officers.
.
Chief Young estimated it would cost approximately $16,000 over the summertime for officer
overtime. He stated departments with high traffic enforcement experience a lower crime rate and
better public relations because the department is responding to the concerns of the neighborhoods.
Mayor Dahlberg reported on a ride-along with Officer Keller. He observed there were few cars
speeding, however, Officer Keller had been enforcing the speed limits in that particular area the
previous week.
Chief Young commented over the past 12 months, there was a state grant program which allowed
for overtime enforcement. An application has been made for grant funds to cover the overtime
costs of additional enforcement.
.
Councilmember Stover inquired whether the hiring of the Shorewood officer has made a difference
in the amount of traffic control time of the Joint Powers officers. Chief Young did not feel this
made any difference. Councilmember Stover requested traffic control statistics to reflect the time
spent in Shore wood by officers other than Officer Keller. Chief Young stated he will gather that
information.
Councilmember O'Neill proposed a work session discussion relative to the possibility of allotting
additional funds to provide for overtime enforcement.
4 . PARKS . Report by Representative
Park Commissioner Pat Arnst reported on the actions taken and matters considered by the Park
Commission at their meetings of June 24 and July 9, 1997, (as detailed in the minutes of those
meetings).
5. PLANNING . Report by Representative
Planning Director Nielsen reported on the actions taken and matters considered by the Planning
Commission at their meeting of July 1, 1997, (as detailed in the minutes of that meeting).
A. A Motion to Approve an Extension to File the Final Plan of Water's
Edge P.U.D.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 4
Applicant:
Bill Blegens
20295 Manor Road
Location:
Stover moved, O'Neill seconded approving an extension to file the final plan of
Water's Edge P.U.D., for Bill Blegens, 20295 Manor Road to November 11,
1997. Motion passed 5/0.
B . A Motion to Reconsider a Variance Request
Applicant:
Richard and Ingrid Hoyt
Location: 5710 Ridge Road
McCarty moved, Stover seconded approving a reconsideration of the variance
request for Richard and Ingrid Hoyt, 5710 Ridge Road. Motion passed 5/0.
C.
A Motion to Establish a Public Hearing Date and Consideration of a
Referral Back to the Planning Commission for Reconsideration of a
Variance Request for Final Action to be Taken by the Council on
August 11
.
Applicant:
Richard and Ingrid Hoyt
Location:
5710 Ridge Road
Councilmember Stover inquired whether the public hearing would be held by the Planning
Commission or by the Council. Attorney Dean explained there would be no requirement to send it
back to the Planning Commission at all.
Councilmember Stover commented this would generally be sent back to the Planning Commission
in light of new information. She pointed out new information has not been presented, however,
this matter is being presented for reconsideration. Attorney Dean explained there is no public
hearing required at this time.
Councilmember McCarty wanted a public hearing on this matter and she felt it could be heard by .
either the Councilor the Planning Commission. Councilmember Garfunkel believed this public
hearing should be held before the Council rather than the Planning Commission.
Mayor Dahlberg was also in favor of holding a public hearing. Councilmember Stover stated there
would be a benefit to the Planning Commission holding the public hearing in that they are used to
holding public hearings and members of the Council could certainly attend the meeting.
Councilmember Stover was in favor of giving the Planning Commission the option of holding a
public hearing on this issue. In the event they choose not to hold a public hearing, the Council
could then hold the public hearing.
Mayor Dahlberg would support a public hearing, however, in light of the fact there has been no
new or additional information presented, he felt it would be understandable if the Planning
Commission does not want to hold a hearing, but rather defer to the Council to hold the public
hearing.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 . PAGE 5
Stover moved, McCarty seconded, requesting the Planning Commission decide at
their July 15, 1997 meeting whether or not they want to hold a public hearing in
reconsideration of a variance request for Ingrid and Richard Hoyt, 5710 Ridge
Road, with final action to be taken by the City Council on August 11, 1997.
Motion passed 5/0.
If the Planning Commission does not wish to hold a public hearing, the Council will hold the
public hearing on August 11, 1997.
D. A Motion to Adopt a Resolution Approving a Conditional Use Permit
for Accessory Space
Applicant:
John Majestic
5840 Eureka Road
Location:
Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-52, "A
Resolution Approving a Conditional Use Permit for Accessory Space for John
. Majestic, 5840 Eureka Road." Motion passed 5/0.
6. CONSIDERATION OF A MOTION REGARDING STREET LIGHTING AT
BRYNMA WR
.
Mayor Dahlberg noted surveys were sent to 48 residents relative to street lighting with only six
surveys being returned. He further noted two of the six surveys were opposed to the lighting and
four were in support. Councilmember Stover pointed out one of the surveys which was returned
did not appear to be either for or against the lighting, but was just questioning it.
Engineer Brown explained the lights were installed as a part of the development and then after a
period of time, the lights were energized by the developer. Questions were then raised as to
whether or not the lights should have been energized at that time.
Councilmember Stover pointed out this was not a part of the development agreement, but that the
lights were a compromise between the lights installed by the developer and a less intensive light.
Planning Director Nielsen stated the majority of the residents of Brynmawr did, however, support
the lights.
Mayor Dahlberg expressed concern only 6 of the 48 questionnaires were returned.
Councilmember McCarty recalled at the time this issue was raised, there were many people present
to address this issue. She felt the lack of response to the questionnaire could be interpreted to
mean the residents are satisfied with the lights as they currently exist. Mayor Dahlberg believed this
to be a reasonable interpretation.
Councilmember Stover suggested there may be different residents in the area now than when this
issue was initially raised. In addition, this may have been a broader survey than necessary in that
some of the residents may not be in close proximity to the light and may not be able to see it or
even be aware of it.
Mayor Dahlberg stated if there is a significant change of heart in the neighborhood, this could be
brought to the attention of the Council for further consideration.
Councilmember O'Neill stated unless there is a legitimate safety concern, he is not in favor of street
lights in Shorewood. Councilmember Stover pointed out there were guidelines which were
followed at the time this matter was considered.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 6
Mayor Dahlberg suggested a Mayor's meeting for this area to further discuss this matter. He noted
he intends to make some telephone calls to the residents to gain their input.
Dahlberg moved, O'Neill seconded tabling this matter to the August 11, 1997,
meeting of the City Council for further consideration.
Councilmember Garfunkel asked Mayor Dahlberg what methodology he intends to use. Mayor
Dahlberg stated his intention to schedule a Mayor's Meeting with the Brynmawr neighborhood to
discuss any issues the neighborhood may have, including the issue of the lights.
Motion passed 4/1. (McCarty was the dissenting vote.)
7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING FEASIBILITY REPORT FOR THE SOUTH LINK LATERAL
EXTENSION
Engineer Brown reviewed the feasibility report in detail.
Councilmember Stover noted that two of the five petitioners have already been assessed. Brown
stated that assessment was levied at the time watermain was completed along Smithtown Road
since they benefitted from that watermain. Councilmember Stover inquired whether those $5,000
assessments are included on the assessment roles at this time. Brown confirmed that they are.
.
Councilmember Stover stated that technically those two properties could, at substantial expense,
hook onto the water system at a significant distance. Brown noted that to be true. Councilmember
Stover asked approximately how much it would cost for those property owners to hook on.
Brown estimated it would cost approximately $17,000 for one property and approximately $8,000
for the other since it would be approximately half of the distance.
Councilmember Stover inquired how much the cost would be for an average lot abutting a street
with watermain available. Brown stated it would be approximately $800 to $1,200.
Mayor Dahlberg clarified the total cost of the project is divided by five petitioners and he suggested
the $10,000 which was already paid by two of the petitioners could be deducted from the total cost .
of the project. Hurm pointed out those two assessments were taken into consideration when water
was put in on Smithtown Road and then should not be taken into consideration in the current
project.
Mayor Dahlberg reported there have been work session discussions relative to analyzing the cost
and the profitability of a particular project through a break-even analysis.
A feasibility cost alternative analysis was prepared and distributed to the Council. This analysis
was reviewed by Administrator Hurm who pointed out a 15 year break-even point was utilized.
Mayor Dahlberg explained to the petitioners the 15 year break-even time period and the potential
cost of approximately $12,000. Brown explained it could potentially cost approximately $6,000 to
hook up the water from the City main to the home itself.
Bill Wicka, 27930 Srnithtown Road, did not feel the properties which were assessed during the
Smithtown Road project benefitted from that project given the fact it will possibly cost them an
additional $17,500 to hook up to the watermain.
Dahlberg moved, Garfunkel seconded recessing the meeting at 9:34 p.m. Motion
passed 5/0. Mayor Dahlberg reconvened the meeting at 9:46 p.m.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 7
Brown stated due to the outcome of the feasibility report, a public hearing was not scheduled and
plans and specifications were not obtained. He noted contingencies were significantly reduced
and/or eliminated to reduce the analysis. .
Brown suggested obtaining contractor input to determine whether the figures in the analysis are
reasonable. Mayor Dahlberg wanted the feasibility report expanded to include the break-even
analysis alternative.
Councilmember Stover felt staff should obtain input from the property owners to determine their
continued interest in pursuing this project.
Dahlberg moved, O'Neill seconded tabling this matter to August 11, 1997, and
directing staff to expand the feasibility report including a break even analysis and
to gather input from the petitioners for the South Link Lateral Extension for
further consideration at the next meeting. Motion passed 5/0.
8.
CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING A PETITION AND LEVYING FOR W ATERMAIN TRUNK
CHARGES AND SPECIAL ASSESSMENTS - WATTEN PONDS
.
O'Neill moved, Garfunkel seconded to reconsider a Resolution Accepting a
Petition and Levying for Watermain Trunk Charges and Special Assessments for
Watten Ponds. Motion passed 5/0.
McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-53, "A
Resolution Accepting a Petition and Levying for Watermain Trunk Charges and
Special Assessments - Watten Ponds." Motion passed 5/0.
9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING BIDS AND A WARDING A CONTRACT FOR A JOINT
SEALCOA TING PROJECT
.
Brown explained the total base bid to be $46,344.32. This is in combination with Tonka Bay with
$23,878.32 representing Shorewood's portion of the cost. The award of the contract is based on
the total base bid.
McCarty moved, Stover seconded adopting RESOLUTION NO. 97-54, "A
Resolution Accepting Bids and A warding a Contract for a Joint Sealcoating
Project to Allied Blacktop." Motion passed 5/0.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING BIDS AND AWARDING A CONTRACT FOR PROJECT NO.
95-19 SHADY ISLAND BRIDGE
Brown stated Jay Brothers is a good contractor who does quality work, however they are
aggressive and he would expect to see change orders on a few of the items. Based on their low bid
and the history of the quality work of the contractor, Brown felt this to be a worthwhile bid. He
also pointed out performance and payment bonds will be required.
Stover moved, McCarty seconded adopting RESOLUTION NO. 97-55, "A
Resolution Accepting Bids and Awarding a Contract for Project No. 95-19 Shady
Island Bridge to Jay Brothers, Inc., in the amount of $266,267.03." Motion
passed 5/0.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 8
Councilmember Stover inquired whether there is any system by which smaller vehicles could be
utilized by the school district and other services during the time of this construction. Brown stated
during construction, staff would hope 'these services would utilize smaller vehicles from a
construction, safety and liability standpoint.
Attorney Dean will investigate this matter to determine whether there are statutory restrictions
which may be imposed during the period of construction.
11. ADMINISTRATOR AND STAFF REPORTS
A . STAFF REPORT ON DEVELOPMENT MONITORING
Nielsen reported Phil Tipka has been inspecting the Watten Ponds and Marsh Pointe construction
sites on a daily basis. The developer of Watten Ponds is currently in the process of resolving
differences with the Watershed District.
Mr. Tipka has requested additional erosion control fencing which has not been put in place. The
developer has been contacted and the pump has been turned off so the pond cannot be pumped .
until the erosion control is in place. A meeting has been scheduled with the developer to direct the
relocation of some of the tree protection fencing and to discuss some of the other site issues before
the project is again underway.
With respect to Smithtown Meadows, the street and utilities are in. Staff expects landscaping to be
completed by the end of July.
The fencing of Marsh Pointe has been damaged in several locations. Mr. Tipka has addressed this
issue with the developer and issued punch lists both on the Watten Ponds and Marsh Pointe
projects.
Mayor Dahlberg inquired relative to a piece of curbing which was placed on the LRT. Brown
stated the developer has been advised this must be removed. Staff will be meeting with Mr.
Dillerud to discuss various issues on the site and this will be included in that discussion.
Brown reported on the Southshore Center and stated that measures have been taken to ensure the
project is completed to specification and the contractor is off the site. A punch list has been .
developed and steps are being taken to secure contractors to ensure these items are completed.
Brown reported Badger Field has been sodded and staff was very pleased with the performance of
the contractor.
Councilmember O'Neill reported he has inspected the erosion fence at Marsh Pointe and noted the
inspector was on top of this issue. Brown stated a daily punch list is developed and faxed to the
developer.
Mayor Dahlberg asked if the NURP pond on the Smithtown Meadows site meets the requirements
of the Watershed District. Brown stated that project was approved prior to the Watershed District
requiring NURP ponds.
CITY COUNCIL REGULAR MINUTES
JUL Y 14, 1997 - PAGE 9
B . DISCUSSION ON COMMENTS FROM THE SHORELINE
Hurm reviewed some of the resident input which was received relative to the Shoreline. One of the
suggestions was to implement a volunteer motor moratorium where on the third Sunday of every
month of the summer, residents would voluntarily not operate chain saws, lawn equipment and the
like.
Mayor Dahlberg felt this could be approached on a neighborhood basis. Councilmember McCarty
didn't feel any action would be required of the Council, but that the message will get out to the
neighbors.
Hurm reviewed a suggestion relative to signage in Freeman Park and that the City Park entrance
sign at the park be changed to reflect the name of the park. The resident suggested this would
reduce the amount of traffic through Shorewood Oaks in looking for City Park. Hurm stated there
may be some changes in the coming year and it may be appropriate to refer this matter to the Park
Commission for their consideration. Councilmember O'Neill stated it can be a difficult park to
find. Hurm noted the Park Capital Improvement Plan has funds allocated for signage of Freeman
Park.
.
C.
DISCUSSION ON WORK SESSION SCHEDULE
The consensus of the Council was to follow the schedule suggested by staff to hold work sessions
on August 18 and August 26.
12. MAYOR & CITY COUNCIL REPORTS
Mayor Dahlberg requested a meeting with the Department of Transportation regarding closure of
the various roadways along Highway 7.
A. ESTABLISH OPEN FORUM MEETING TOPICS FOR NEXT
MONTH
Councilmember O'Neill proposed an open forum relative to snowmobiles. Councilmember
McCarty did not feel it would be possible to hold an open forum on this particular issue. A work
session in August will be set aside for consideration of the snowmobile issue.
.
B . DISCUSSION ON POLICE CONTRACT
Mayor Dahlberg recalled the Council had been interested in extending the police contract from a
five year contract to a ten year contract and essentially leaving the provisions of the contract as they
exist. If a change in the formula is indicated, this change should take place on a gradual basis.
Mayor Dahlberg reported he will be meeting with the other mayors and will relay this information
to them.
Gideon Woods
MayorDahlberg and Councilmember O'Neill met with the Gideon Woods neighborhood. There
were discussions relative to utilizing the escrow to cover some of the unfinished items in the
project. In addition, the sign issue was discussed.
Mayor DaWberg reported a meeting was held with the Games Trust, the owner of the land. There
is a plan of action to get the last four units built. Councilmember O'Neill stated at this time,
everything is in the preliminary stages.
CITY COUNCIL REGULAR MINUTES
JULY 14, 1997 - PAGE 10
13. ADJOURNMENT
Stover moved, O'Neill seconded adjourning to a work session at 10:44 p.m.
subject to the approval of claims.
Councilmember O'Neill noted a memo was received from Hennepin County relative to a study on
Highway 19 and the study revealed this highway is an appropriate place for installation of a signal
light. Mayor Dahlberg suggested laying out the details from a budgetary standpoint as well as any
impact this project may have on the City.
Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Ofr Site Secretarial
ATTEST:
.
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
CITY OF SHOREWOOD
WORK SESSION MEETING
MONDAY, JULY 14, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
FOLLOWING REGULAR MEETING
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 10:45 p.m.
DRAfl
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Garfunkel, Stover, McCarty, and O'Neill;
Administrator Hurm; Planning Director Brad Nielsen; Engineer Larry Brown
Review Agenda
B.
The agenda was approved as presented.
.
2.
DISCUSSION OF DEVELOPMENT MONITORING AND TREE
PRESERVATION POLICY
Attorney Dean pointed out the Tree Preservation Policy is not enforceable in cases where there is
no PUD agreement or some other type of contract with the developer.
Councilmember Stover recalled the Tree Preservation Policy was never intended to affect a private
person's property either before or after a home is constructed, however, the policy was to address
major, large scale developments.
Nielsen stated the way the current policy is written, any new home would be subject to this policy,
but it is not intended to prevent a property owner from subdividing their property. Councilmember
Stover stated she would not want to tell a new resident where he can or cannot have the trees on his
own property. She felt this to be a different issue from a developer who would come in and clear
cut land.
.
MayorDahlberg stated the practical issue has to do with developers who clear cut for the purpose
of efficiency. Councilmember Garfunkel stated he would not want to make the policy too
restrictive. He felt that an individual person who comes in, buys a single lot and clear cuts it is as
damaging as the person who comes in and buys ten lots.
Mayor Dahlberg raised the question of whether or not a property owner would be allowed to cut all
of the trees on their personal lot. Councilmember Garfunkel stated the policy covers the period of
construction, but that once a home is built on the property, the property owner would be free to
remove the trees if he so desired.
Mayor Dahlberg stated his understanding the Council would not want to consider a policy which
exercises control over the resident's property. For the purposes of this policy, a developer or a
construction business would be defmed and the policy would apply to them.
# ;2C-
CITY COUNCIL WORK SESSION MINUTES
JULY 14, 1997 - PAGE 2
Councilmember Stover was concerned the policy takes away a person's right to do what they want
on their own property. Councilmember Garfunkel questioned why the rights of a developer would
be different than the rights of the private homeowner. Councilmember Stover stated developers are
in the business for profit and negotiations can be done during the development agreement.
Administrator Hurm noted that this policy applies to every person who takes out a building permit
for a new home.
Engineer Brown suggested there needs to be modification to the plan relative to construction and
determination of which trees can and cannot be saved. He felt the Council should defme a policy
which is flexible. Mayor Dahlberg stated he could envision a tree preservation policy which would
allow staff and inspectors on an ongoing basis to be on the site marking specific trees that are
going to be saved and marking other trees where there is no hope they can be saved.
Councilmember O'Neill remarked there needs to be a provision in the policy to incorporate
categories of trees. Mayor Dahlberg suggested categories such as trees that will be saved, trees
that will attempt to be saved and trees which will defmitely be removed. Nielsen stated this can be
addressed in the current policy more properly through the plan approval process where these trees
would be identified. .
Mayor Dahlberg suggested it would be an effective policy if the process were altered to allow the
tree preservation plan to be completed after some work is done on the development area and then
designations could be made and trees could be marked and preserved at that time.
Hurm felt this could be accomplished with the use of a forester to make those determinations.
Councilmember Stover questioned whether this would be an additional staff person or a contract
forester. Hurm stated it would be a contract forester.
Nielsen was in agreement with Mayor Dahlberg's suggestion and commented once the initial road
work is cut in, a fmal plan could be completed at that time.
Mayor Dahlberg remarked. there needs to be clear accountability and the policy needs to articulate
the categories and specifically state there is no guarantee that something that is labeled as attempted
to be saved will actually be saved. This would be left to the goodwill of the developer and the
City.
.
Hurm pointed out the policy provides that some or all of the cost of a forester may be charged back
to developers. The forester would inspect individual home building sites as well as developments.
He explained Attorney Dean has advised that a charge for forestry inspections cannot be charged
on the building permit. Hurm pointed out that through a development agreement, a developer
could be subject to a charge which would pay for the forester, however, the forester charge could
not be applied to someone building an individual home and the City would have to pay that charge.
Brown pointed out Watten Ponds is still viewed as a development, however, individual property
owners are applying for building permits. Councilmember Stover felt a person who wants to live
there, should be able to do what they wish with their own lot. Councilmember O'Neill raised the
issue of a developer who buys a lot and builds a home which will be sold upon complete.
Councilmember Stover felt this would be a different situation.
Mayor Dahlberg believed a forester would be a good idea in a particular situation and the Council
could decide this on a case by case basis. He stated the Council would have to rely on staff to
ensure there is a tree preservation plan is in place.
.
.
CITY COUNCIL WORK SESSION MINUTES
JULY 14, 1997 - PAGE 3
Councilmember McCarty suggested a tree dedication fund similar to the park dedication fund.
Attorney Dean advised the City cannot collect a fee in connection with a building permit process. It
would be proper to impose a surcharge to developers to help finance the work of a forester beyond
the work they might provide for those kinds of activities. He noted many of the individual lots
require Conditional Use Permits and variances and other approvals by the City which would give
rise to fees and charges which could be used to defray some of the costs.
Attorney Dean stated if the only approval a person needs from the City is a building permit, the
mechanisms and standards and procedures for issuing a building permit are entirely controlled by
state law and the City could not impose an additional fee. The fees currently in place are the result
of a regulatory requirement which is placed on a property owner.
Councilmember Garfunkel inquired what it would cost to have a forester perform an inspection.
Nielsen estimated approximately $30 to $35 per hour to be on site inspecting trees. He also
estimated it would take several hours of inspection time on the site depending on the size of the lot
and the number of trees.
Mayor Dahlberg stated there is an enforcement issue relative to whether there is sufficient staff to
really enforce the Tree Preservation Policy. He commented this issue will need to be addressed.
Mayor Dahlberg clarified there needs to be defined categories in the policy at the time of the site
plan so neighbors are well aware of which trees will be saved and which ones will be removed.
There will also need to be a determination as to whether a forester is to be used and if the City has
sufficient staff to cover enforcement.
Councilmember McCarty asked at what point the City could determine whether a tree survives or
not since it could take up to five years for this to become known. Nielsen felt this to be an issue
where the City would need to look to the advice of a forester.
Brown stated there is a replacement provision in which a developer would have to replace any tree
which was to be saved and was then removed.
Councilmember McCarty commented a forester can only give an opinion and would not be able to
make a guarantee whether a tree is going to live or die. Hurm stated the City would have to be
reasonable in that a developer cannot be held accountable for a period of five years. He also
cautioned the City could be responsible for spending thousands of dollars removing dead trees
from the boulevards because it was attempted to save every tree.
With respect to changing the policy to include an administrative monetary penalty for taking down
trees which were supposed to be saved, Attorney Dean provided a draft of a policy for purposes of
discussion and explained the policy in detail.
Mayor Dahlberg expressed concern that after a few years, residents may complain they are being
judged by an unelected municipal authority if the City Administrator were to serve as the hearing
officer. He suggested enhancing this provision to indicate the resident may have his matter heard
in District Court.
Mayor Dahlberg would like to proceed with incorporating the idea that the Tree Preservation Policy
cannot necessarily be completed in advance of the developer beginning his work. Trees would
also be categorized as those which will be attempted to be saved, those which must be saved and
those which will not be saved.
CITY COUNCIL WORK SESSION MINUTES
JULY 14, 1997 - PAGE 4
Hurm suggested the Council's ideas be drafted and brought before the Planning Commission for
their consideration and review.
Councilmember Stover stated nothing in the policy should prevent building on an existing lot of
record provided that such building shall be designed to save as many trees as possible.
4. ADJOURNMENT
Dahlberg moved, O'Neill seconded to adjourn the City Council Work Session
Meeting at 11:45 p.m. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl WalIat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
i'c ,;-.
.
.
.
.
..
CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing
of certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims arising out
of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such a
license and has agreed to all terms and conditions of the agreement contained in the license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the terms, and
conditions of the license be issued to Clarence Clofer Squadron 259, Sons of the American
Legion. Said activities to be held on Saturday, September 13, 1997 at the Clarence Clofer
Post 259 - The American Legion, 24450 Smithtown Road, Shorewood, Minnesota, and
will include bingo, raffle and tipboard activities.
ADOPTED by the City Council of the City of Shorewood this 28th day of July, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~3ft
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o Religious
o Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
o IRS letter indicating income tax exempt status
[2l Certificate of good standing from the Minnesota Secretary of State's office
o A charter showing you're an affiliate of a parent nonprofit organization
o Proof previously submitted and on file with the Gambling Control Board
Name of Establishment where gambling activity will be conducted
CLrt~ef7C~ (/... --e,f fb T ~b9 71
Street City
f!meA/(., - J-,e Ion
State Zip Code
County
a;.. l/ 'I SO ~ I'YJ 11M fo iN Y\ IfJ f' hwfe"T.I 0 f/ d
Date(s) of activity (for raffles, indicate the date of the drawing)
/11/J
5:)3:5 I
flennl 'e/l
~efJt
/3
/
/D;97
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
IZ9 *Bingo gj Raffles 0 *Paddlewheels 0 *Pull-tabs 1:8;1 *Tipboards
*Equipment for these activities must be obtained from a licensed distributor
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
L L
Is this gambling premises located within city limits?~ Yes 0 No
If Yes, write the name of the City: / '
City Name ->hotfe tVO 0 0(
If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: 0 organized 0 unorganized 0 unincorporated
1. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Control- Board, the exemption will be issued not .
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to speCifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of
Application
Signature of person receiving application
/~. /L~~ c-/-
Date Received: { /1 ( 0
Title of person receiving application
Township Acknowledgment of Awareness of
Application
Signature of person acknowledging application
Date Signed:
Title of person acknowledging application
I have read this application and all information is true, accurate and complete.
.
%of~
Date: 7-10 -; '7
Submit the application at least 45 days prior to your scheduled date of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (Le. large print, braille) upon request.
Questions on this form .should-be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
,Stl
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s\a.\e of MinneSOlq
4241.
--
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
I, Joan Anderson Growe, Secretary of State of
Minnesota, do certify that: Articles of Incorporation,
duly signed and acknowledged under oath, have been filed on
this date in the Office of the Secretary of State, for the
incorporation of the following corporation, under and in
accordance with the provisions of the chapter of Minnesota
Statutes listed below.
This corporation is now legally organized under the
laws of Minnesota.
corporate Name: Clarence Clofer Squadron 259 Sons of
The American Legion
corporate Charter Number:
1P-528
Chapter Formed Under: 317A
This certificate has been issued on 04/11/1997.
Secretary of State. ,
'. .': ~ \. ,:' ...,.:...:..... '., ,.:.'. \, ,.~:;.~ ':a:tZL'::::";::~::::': :/'.' ':.:?il;;:'X:~t:;.~}::-: /,?:~~~~~Hj[;,~~~~~~;:.~~f:~~~rf;'~~~~~~jf&tits<t,J~ti:~~,~::~&Jf~i(:'~K;JI~~i!:;
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City of Shorewood
PARTY REGISTRATION AND PERMIl~____
\ \ '\ '.~ - -
u u
Pursuant to Chapter 505 of the Municipal Code application for a party is made as follows:
Party to be Re~istered: Any person or persons sponsoring a party at which it may reasonably be
anticipated that there will be more than seventy five (75) persons in attendance shall, prior thereto,
register such party with the City Clerk, giving the location, date, time, purpose, names of all
sponsors and the number of persons it is anticipated will be in attendance.
.
Permit for Additional Parties: Within a period of six (6) months following such party, no additional
party or parties, at which it may reasonably be anticipated that there will be more than seventy five
(75) persons in attendance, shall be permitted at the same location unless the person or persons
who propose to sponsor the same shall first have obtained a special permit therefor approved by
the City Council. Application for such permit shall be made to the City Clerk.} . ,/" il
"~ 70:;;.:..0 'uobk ,ef.:!. hr.:ur\(,J{d-< '-/1/,1..5' ;l. I
Party Location: N()!~LE KuFD -- fitfU!' trV/ Date of Party: !1()6./~5
Number of Persons (anticipated) to Attend: /:< :5 Time: 4,-<7JVI - I() ~frt
........ r I' ' /' :I,
Purpose: 1:12 (0;' h;:v J, 0/)// 00C / <:2. (
Ii
Sponsor's Name(s): ~~ -1719,; ~~..l,
Special Parking or Safety Provisions: /I,/{;{.t? I /
-I-{ ~, '_
!" I\..~ c'~, tl. ,
/7(,/) ,.,,7. .J.o,>,~
-' . tl /-;1 :"\ ~f- ,A ., ,I. '?'-
".,c~~'-.' ' '--L.)~ ( ~_/.G.,r~4/)77Y:tv
;' / /
I.. ' ,/
c,l-C /)-r'" tf/) ,~ ~Lr n 1/'./7
'i--i"-Q. I L- 1 c-J c. .5 0. c..
.
Prohibitions: {l,A.,fO-,
a. No person shall, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00)
A.M., congregate because of or participate in any party or gathering of people from which
noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons
residing in any residential area.
No person shall visit or remain within any residential dwelling unit wherein such party or
gathering is taking place except persons who have gone there for the sole purpose of
abating the disturbance. (Ord. 101,8-14-78)
b.
Enforcement: A police officer may order all persons present in any such group or gathering from which
such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse
from said party in lieu of being charged under this Chapter. (19~7 Code) /A.) 337-(Ph '3 7
"P . ~.rz::.v~<,;t/;v-r--J '"';
Applicant's Signature: //')!..-f~cY/} /Jlu/1/l;~/ "/01- o..<s:>--oate: l-j~7 /1.199 "r-
:, </ / ,
- -- - - - -- -- - - - - - -- - - - - _: - - - - - - -- - - - -For Office Use Only - - - -- - - - -- - - - - - - - _,v.;_ -- - -- -- - --
SLMPSD: "
Fire Marshal: (:;'z,t,,~~~
City Registration: /
Additional Requirements: /!('C~7 H)Z
~ /J;~'J ,....;r;-;;' q( j57;>
Original:
Copy to:
City of Shorewood
South Lake Minnetonka Public Safetv Department
Applicant '
fF3B
JUL-14-1997 08:27
SOUTH LAKE MINNETONKA PD
612 474 4477 P.01
. !~I' .[e!c rr# n \ViL~~. :.
i' JUL I 11997 U :
City f Shorewood I :
PARTY REGIST TION AND PERMfIy I
SLMPSD:
Fire Manha1:
City Registration:
Additional Requirements:
ProhlbltlqlllG
l. N'~ person sbaU. between the
A.M.. COOJte8ldB because of or
noise emanates of a sufficient "
IeSidiog in any residential atea.
b. No penon sbaU visit or remain . . any residentiaJ dwelIina unit whelein such party or
~L-i8.a:~(........ persons who have gone there for tbe sole pfI1pOSe of
IUIl'I W 'VAU. r,8-14-78) .
EDI01'-". ApolicooOicetmayordetaU proreotinauy such group or ptheriDg1iom wbicb
sucb.noise l'!mlWates, otbertban the or tenams of a d\VelIing unit. to ~ dispene
fromRaidpartyinlieuofp,chatged this~) 41 337-:-(,(,/~7. .
lJ-a .~1/99T-'
-...------,or 0IIIce v. 0Id.,----.....---...--:'..__fl...........___..
Date: f - J "f -C,7
Date:
Dade:
Pumuaat to Chaprm- 50S oftbe Mum Code appIicalio.n for a party is made as followS:
Partv to ~tere4: Any person or lBOns spousodng a party at which it may n:asooably be
aruki Cbat ther8 will ~ more 1baIi ~ five Os) pet'BODs in aUa1dance shall, prior theeto.
regisw such {lIrty wid1 the Oty . givmg tbe locadoo, date. 1ime. purpose. names of all
8pOD8Ol'S and 1tie aumber of pmsoos it. llDticipafBd will be in att~
. of six (6) mondJs following such party. DO addidonal
1. be aoticipated that there will be mete than .seveaty 1m
. at the same location unless the person or persons
first ha\'O obtained a special pmDit Ibiefor approved by
't shall be !Dade to dle City Oe:rk.
DIIte of Party: ,tl( ll.., ~~
Time: 1 L1/VJ - /0 -"""1.
r 7
.
of Clm o'clock (10:00) P.M. and 8CVOIl o'clock: (7:00)
'pate in any party or ~ of people from which
so as to distmb tho peqce, quiet or repose of pot'IOWI
.
Qd&IDIIl:
Cai:r ...
C!l;yat SIIlIlwaod
So.idalM. aov.na.....hWlcS*J ~
~1IIIt
TOTAL P.01
J
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CITY OF SHOREWOOD
RESOLUTION NO. 97-
A RESOLUTION AUTHORIZING APPLICATION
FOR A METROPOLITAN COUNCIL
PLANNING ASSISTANCE GRANT
WHEREAS, Minnesota Statutes sections 473.851 requires local units of
government to prepare local comprehensive plans with land use controls that are consistent
with planned, orderly and staged development and with metropolitan system plans; and
WHEREAS, Minnesota Statutes sections 473.854 and 473.867 authorize the
Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for
the award and disbursement of planning assistance grants and loans; and
WHEREAS, Minnesota Statutes 473.867 authorizes the Council to give funding
to local units of government to review and amend their local comprehensive plans, fiscal
devices and official controls; and
WHEREAS, the City of Shorewood requires a planning assistance grant to
complete comprehensive planning activities in such areas as land use, transportation,
housing, stormwater management, and park and trail planning.
NOW, THEREFORE BE IT RESOLVED THAT the City Clerk /
Administrator is hereby authorized to submit an application to the Metropolitan Council for
a Planning Assistance Grant to update and revise the City of Shorewood's Comprehensive
Plans; and
BE IT FUR1:HER RESOLVED that a certified copy of this resolution shall be
submitted with the Planning Assistance Grant Application.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 28th day of July, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~3L
J "l
CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB,ROAD - SHOREWOOD, MINNESOTA 55331-8927 -(612) 474-3236
FAX (612) 474-0128. www.state.neUshorewood. cityhaU@shorewood.state.net
July 18, 1997
.
Linda O'Connor, Office of Local Assistance
Metropolitan Council
Mears Park Centre
230 East 5th St
St Paul, MN 55101-1634
Dear Ms. O'Connor:
.
Enclosed please fmd the Local Planning Assistant Grant Application from the City of
Shorewood. I will work with Brad Nielsen, the Shorewood Planning Director, in being
grant project directors. Persons having signature authority include myself, James C.
Hurm, City Administrator and Tom Dahlberg, Mayor. Attached to the application is a
project work plan summary which identifies activities and the project cost estimates. The
City Council resolution in support of the grant application will be forwarded to the
Metropolitan Council following consideration at their July 28 meeting.
As you can see from the work plan, the City of Shore wood has much work yet to do in
completing its revision of its Comprehensive Plan. We have work to do in the areas of
land use, transportation, housing, stormwater management, park and trail planning. We
will work with other Lake Minnetonka area communities in cluster planning efforts in a
number of areas, including: stormwater management, transportation, and even housing.
Thank you for this opportunity to apply for funding through the Metropolitan Council to
assist us in our planning efforts.
Sincerely,
CITY OF SHOREWOOD
bH~
City Administrator
Enclosures
A F?esidentiai Communiry on LaKe Minneronka's Sourh Shore
\-
.
.,.
PLANNING GRANT WORK PROGRAM
Expenditure
Estimate
Land Use:
Update Land Use Inventory
Planning Director 40 hours
Planning Assistant 40 hours
PrintJPublish Comprehensive Plan
$1,200.00
800.00
1,000.00
Transportation
Traffic Study Related to Highway 7 Corridor Improvements
Consultant 7,500.00
City Engineer 80 hours 2,560.00
.
Housin~
Housing Plan Inventory
Planning Director
Planning Assistant
40 hours
80 hours
1,200.00
1,760.00
Stormwater Mana~ement Plan:
Planning Director 20 hours
City Engineer
Consultant
600.00
10,000.00
60,000.00
.
Park & Trailin~ Plannin~:
Park Planning Consultant
Trail Planning Consultant
Total Project Expenditure Estimate
6,000.00
6.000.00
$97,828.00
.
.
.
}UL-15 97 08:31 FROM:
TO:SHOREWOOO
PAGE: 07
APPENDIX A
APPLICATION FOR
LOCAL PLANNING ASSISTAi'4CE GRANT
Name ot Community
Cit of Shorewood
, Name of Contact (Contract Administrntor)
James C. Hurm
Address
(City, Zip)
Club Rd
Telephone .and Fax
MN 55331
(512)474-3236 fax 47 -0128
GRANT AMOUNT REQUESTED
Total amount may not exceed 75 % 0 the total CO$t 0 tire work
FUNDIN"G CRITERIA AND OBJECfIVES
20 000.00
1. . Reta~~~~ip' .~:)l~i~n~l Gr~~~:~jr~i~gy;ii~~:~~~~!!~~~P'ft~~0~ 1~~~.~:::
o .onilJle,"'lirti ":f~~ l"t ~".. :,:;-~~";~:"~:':~~i!-"....:t~::~~:~ti~~'rntE~~:f!~~--:.~:t~;::: ;:b:~!{::i~': .:.~_
. Does your community include the Illustrative 2020 MUSA?
No
. Does your community include the Urban Reserve?
No
.
.
.
.
.
Yes
. Will you include Life Cycle Housing?
Yes
>::;lj;~;~4~;~1t:i;;:~', :::.
::;!:~~:~ji~~~!::r~: "F"@;[;~;J.~;~ri}~~:
4. Relationship to Economic Development:
12 ossible 01,,13
Will you include Economic Development in Transportation and Transit
Corridors?
Will you include Economic Redevelopment Plans or Policies'?
.
Yes
.
Yes
. Will you identity Economic Development in 8rowntield Redevelopment
Areas'!
No
5
JUL-15 97 08:31 FROM:
TO: SHOREWOOD
PAGE: 08
...
..
APPLICATION FOR
LOCAL PLAJ.'fNING ASSISTANCE GRANT
Page 2
5. Relationsbip to Life Cycle Housing: ,
6 Ossihle oi"ts) ..
Are you, or will you be a Livable Communities Participant, or have a Life
C cle Housin Plan'?
Will your ordinances provide opportunities for Life Cycle Housing?
'. . . -.- ~
. "." '.\~~~~:~;.'.~ '. '., ~~:: '.
< :;;, :.:':::;;j~:;;;~~*:X~~iJ~~~~~~~~;
.
Yes
.
.
.
.
'S ....Pl.a..:-.ng.;:.. ~;".t'a"'n";.e' T"o~an" R'ennHt' .,'1.'F':-~7.;;;;',';;O;:'~~~;~~:'i; ":!:'L::~.',,~""'" ,~'. ,.",'.:;;p-::;.'"
., . UJ&l I'USU ~ . ~ ~ ~... '..:~...i.."U'" .~.. ......1. J~JW:~. .~..:;.l~t'....... n.: ~\l..:'~.\" ! """:":;:. ~r.;
: ,:~;.. ,'.' .:~.:~. jj:'F~~1~.~~~~~1;.~;~~:~:tl~::;:/4i.l ~:::.:.:~l :~~';~.;"iFk~t;~~~~ :~~~~~o;:i'~slf~jf.;~?:o :~/~~i~~:~_~~.;~..;.:~~'l ~t~:;r-~~';f~;.
· Indicate the loan amount and request loan information by contacting the
staff rson indicated below.
NA
Be sure to include the foUowiDg information:
'. At"'..acrnnent A . Work Plan and Budget
· Attacrnnent B - Resolution
· Attachment C . Outional Information - Describe unique growth pressures and development issues
within your community.
· Indicate name and title of city officials or staff having signature authority for the grant agreement.
Please submit applic:ltioll to:
.
Linda O'Connor. Office of LocaJ Assistance
Metropolitan Council, Mt.:ars Park Centre
230 East 5th Street., Saint Paul, MN 55101-1634
Telephone (612) 602-1098
6
l.
DRAFT
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JULY 1, 1997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Vice Chair Turgeon called the meeting to order at 7:04 p.m.
ROLL CALL
Present:
Vice Chair Turgeon; Commissioners Borkon, Champa, Foust, Kolstad,
Lizee; Planning Director Nielsen; Council Liaison O'Neill.
.
Absent:
Chair Pisula.
APPROVAL OF MINUTES
.
Lizee moved, Borkon seconded approving the June 17, 1997, Planning
Commission Meeting Minutes as amended on Page 5, Paragraph 6, change "field"
to "EMFs"; Page 11, Paragraph 2, last sentence, change "type" to "size";
Paragraph 10, change to read, "Commissioner Kolstad felt if the Commission
were to consider a moratorium, consideration should be given to establishing a
policy and to do this, additional information would be needed." Motion passed
6/0. (Commissioner Foust abstained.)
1. SIMPLE SUBDIVISION (formerly Ironwood Hills preliminary plat -tabled
at Planning Commission Meeting of June 3, 1997)
Applicant: Dale Nelson, representing Don Christensen
Location: 4905 Suburban Drive
Commissioner Kolstad inquired whether staff is satisfied with the site lines on the driveway at this
point. Nielsen stated they are satisfactory.
Commissioners Borkon and Lizee noted their agreement with the plan. Commissioner Foust
inquired what would happen to the existing garage. Mr. Nelson stated the garage will be removed.
Mr. Nelson stated he had informed all of the neighbors of the proposed plans and they were in
support of them.
Borkon moved, Lizee seconded approving the simple subdivision for Dale
Nelson, representing Don Christensen, 4905 Suburban Drive, subject to staff
recommendations and the removal of the existing garage. Motion passed 6/0.
Nielsen stated this matter will be considered by the City Council at their meeting of July 28, 1997.
.~
"
PLANNING COMMISSION MINUTES
JULY 1, 1997 - PAGE 2
2. PUBLIC HEARING - C.U.P. FOR BANK FACILITY WITH DRIVE-THRU
(tabled at Planning Commission Meeting of June 3, 1997)
Applicant: Bayside Financial Corp.
Location: 23780 State Highway 7
Nielsen reported the applicant has requested this matter be continued for 30 days to allow him the
opportunity to resolve issues relative to the necessary easement.
Foust moved, Borkon seconded to table this matter to August 5, 1997. Motion
passed 6/0.
Vice Chair Turgeon recessed the meeting at 7: 13 p.m. and reconvened at 7: 15 p.m.
3. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ.
FT.
Applicant: John Majestik
Location: 5840 Eureka Road
.
Mr. Majestik was present and noted the square footage of the home to be 1,470 as opposed to the
1,662 determined by staff, however, he pointed out he is still within the 10 percent requirement.
Vice Chair Turgeon opened the public hearing at 7:21 p.m. Hearing no public testimony, the
public hearing was closed at 7:21 p.m.
Commissioner Lizee questioned whether the paved driveway to the north side of the attached
garage would fall within the side yard setback. Nielsen stated the setback is adequate, however,
the applicant proposes grass for this area rather than an improved driveway.
Commissioner Lizee also asked whether there is any business enterprise anticipated for this
property. Mr. Majestik stated this space will simply serve as a workshop and additional storage
~a. .
Commissioner Kolstad inquired as to the process followed in determining the square footage
measurements. Nielsen stated in this particular case he used the site plan which was provided.
Commissioner Champa asked if the deck and the porch would be considered a part of the house for
purposes of determining square footage. Nielsen stated the porch would be considered in that
calculation. Mr. Majestik noted he had not included the porch area in his calculation and Nielsen
felt this would probably account for the discrepancy between the square footage Mr. Majestik
calculated and the square footage calculated by staff.
Lizee moved, Champa seconded approving a C. U.P. for accessory space over
1200 square feet for John Majestik, 5840 Eureka Road, subject to staff
recommendations. Motion passed 6/0.
Vice Chair Turgeon noted this matter will come before the City Council for their consideration at
their meeting of July 28, 1997.
Vice Chair Turgeon recessed the meeting at 7:26 p.m. and reconvened at 7:30 p.m.
I
PLANNING COMMISSION MINUTES
JULY 1, 1997 - PAGE 3
4. PUBLIC HEARING - PRELIMINARY PLAT - REG. LAND SURVEY
Applicant: Charles Oberg
Location: 5590, 5595, 5625 ad 5635 Christmas Lake Point
Dr. Oberg expressed his appreciation to Planning Director Nielsen for his assistance in this matter.
.
Vice Chair Turgeon opened the public hearing at 7:33 p.m. Hearing no public testimony, the
public hearing was closed at 7:33 p.m.
Commissioner Borkon asked why the applicant decided to undertake this project. Dr. Oberg stated
it became evident in the process of completing some survey work that the lot lines did not conform
to. the main road or the driveways. The goal is to straighten the lot lines and eliminate the
easements which really should not be necessary. He felt it would be logical to reconfigure the lots.
Commissioner Borkon commended Dr. Oberg and his neighbors for working together and
accomplishing this reconfiguration. Commissioners Champa, Lizee, and Foust noted their
agreement.
Borkon moved, Lizee seconded approving the preliminary plat - reg. land survey
for Charles Oberg, 5590, 5595, 5625 and 5635 Christmas Lake Point. Motion
passed 6/0.
Vice Chair Turgeon noted this matter will come before the City Council for their consideration at
their meeting of July 28, 1997.
5. SIMPLE SUBDIVISION
.
Applicant: Michael Greer
Location: 6020 Galpin Lake Road
Mr. Greer was not in attendance. Daryl Blakeborough, 5990 Galpin Lake Road, the property
owner immediately to the north of Mr. Greer, was in attendance and inquired relative to the future
of the existing driveway which he pointed out is nonconforming. Nielsen stated an easement
would have to be obtained from Mr. Blakeborough prior to obtaining a building permit for the new
home. In the absence of an easement, the driveway would have to be reconfigured to be in
compliance which would require the driveway be brought back five feet onto Mr. Greer's
property. Nielsen felt Mr. Greer was more than willing to make that change.
Vice Chair Turgeon inquired whether there are restrictions relative to the wetland area. Nielsen
explained the applicant must maintain the wetland buffer. The house will be set back to
accommodate the 50-foot total wetland buffer and setback. The driveway will encroach on the
buffer area.
Commissioner Borkon asked when it was decided driveways could encroach upon the wetland
buffer area. Nielsen explained it has always been a part of the policy. He noted streets may
encroach on the wetland buffer area where necessary, however, these situations are avoided as
much as possible.
0;
PLANNING COMMISSION MINUTES
JULY 1, 1997 - PAGE 4
Commissioner Borkon noted she had assumed the existing house would maintain the shared
driveway. Nielsen noted if Mr. Greer were able to obtain the necessary easement from Mr.
Blakeborough, that would be possible.
Borkon moved, Lizee seconded approving a simple subdivision for Michael
Greer, 6020 Galpin Lake Road. Motion passed 6/0.
Vice Chair Turgeon noted this matter will come before the City Council for their consideration at
their meeting of July 28, 1997.
6. MATTERS FROM THE FLOOR
Tom Murphy, 27360 Blue Ridge Lane, requested the Howard's Point Marina sign be removed
from Smithtown Road. He stated this sign adds clutter and has created a nuisance in keeping the
area clear of debris and things such as garage sale and realty signs. Mr. Murphy noted the sign is
in violation of city ordinance in that it is located within 9 feet of the curb and 23 feet from the center
line of the roadway.
Nielsen stated a letter was sent to the Howard's Point Marina and he has been informed the Marina .
will be appealing this zoning ordinance violation. He noted the sign does violate city ordinance in
that it is located in the public right-of-way and is an off-site sign.
Commissioner Borkon questioned whether or not this sign could have been grandfathered in.
Nielsen stated he will consult with the City Attorney relative to this matter, however, he felt that
given the sign is in the public right-of-way and the fact the sign is on public property as opposed to
private property, it would not have been grandfathered in.
Mr. Murphy was informed this matter will come before the Planning Commission on August 5,
1997, for consideration of a zoning ordinance violation.
7. REPORTS
Commissioner Kolstad reported on the matters considered and the actions taken by the City
Council at their meeting of June 23, 1997.
Issues relative to the Shady Island Bridge and the Watten Ponds development were discussed.
With respect to the Watten Ponds development, Commissioner Kolstad noted an inspection
program had been established and inquired whether a schedule had been developed to ensure all of
the concerns relative to this development were addressed. Nielsen stated weekly trips were made
to the site, however, the types of complaints which are being made to the City would require daily
inspections.
.
Nielsen stated this is a very clean construction site. He felt for the City to be as on top of the
development as the residents are, this will require daily inspections. This suggestion will be
brought before the Council, however, Nielsen was unsure whether the Council will be willing to
fund this.
Nielsen noted there had been complaints relative to dirt piled up against the erosion control fencing.
He explained that is the purpose of erosion control fencing, although it does need to be pulled
back.
;"l
PLANNING COMMISSION MINUTES
JULY 1,1997 - PAGE 5
Commissioner Borkon pointed out there appears to be a misconception of the controls in place and
how they are working, such as complaints being received relative to the treatment of a tree which is
actually hollow and not a viable tree. She felt there to be some confusion relative to definition.
Nielsen noted the construction site does represent a drastic change to the area and what needs to be
considered is the finished product. He referenced other projects within the City which have been
successfully completed.
Council Liaison O'Neill noted some areas of the silt fences were down on the site. He felt the
Watten Ponds construction site to be better than the majority of the sites he has visited in his 27
years of construction, although there has not been 100 percent compliance.
Commissioner Lizee asked if there is a need to be concerned with trespassing on the Watten
development and whether concerns have been raised relative to people trespassing on the property.
Nielsen was not aware of any complaints in that regard.
Vice Chair Turgeon requested the Commission receive a copy of Mayor Dahlberg's response to
Mr. Miller's allegations.
.
Commissioner Kolstad stated when the Planning Commission makes recommendations,
sometimes there is not a lot of documentation relative to what was discussed and what the actual
recommendation was. She noted the Planning Commission has no documentation that their
recommendations, as they were made, are actually the same as those presented to the City Council.
Commissioner Kolstad felt there may be some responsibility on the part of the Commission to
ensure if there is a misunderstanding that it can be corrected so the Council is clear on what is
being recommended.
Nielsen explained the Council receives the same staff reports as the Commission in addition to a
copy of the Planning Commission Minutes. He suggested providing the Commission with copies
of the resolutions which are presented to the Council. Vice Chair Turgeon suggested adding this
issue to the July 15, 1997, study session for further discussion.
* * *
Relative to future meetings, the consensus of the Commission was to hold their regular meeting as
. scheduled on August 5, 1997. The work session scheduled for August 19, 1997, will not be held.
* * *
Nielsen reported there are two property owners on Enchanted Island threatening legal action based
on the denial they have received from the City to use a dock which is located on an outlot. The
owner of the outlot did appeal. This appeal was rejected by the City Council.
The City Attorney had inquired whether there would be some merit in considering an ordinance
amendment which would allow a dock on a parcel which is not otherwise buildable. Nielsen noted
the Commission has been consistently not allowing that type of use.
Commissioner Lizee asked if the property owner of the outlot has a principle residence on the lake.
Nielsen stated the owner of the outlot does not have a principle residence on the lake. He also
noted the two property owners concerned do not have principle residences on the lake either.
Nielsen stated the two property owners concerned have an old easement over the subject outlot
which is owed by the adjoining property owner.
t., ) --'~
PLANNING COMMISSION MINUTES
JULY 1, 1997 - PAGE 6
Commissioner Borkon questioned whether the easement is for swimming or dock rights. She
note~ if the easement is for swimming, the Planning Commission would probably consider this a
non-Issue.
Council Liaison O'Neill noted a majority of the Council did not feel there to be a reason to reopen
discussion of this issue.
Commissioner Kolstad felt if the Commission were to consider changing the ordinance, that it
should be changed in total for all accessory uses. Commissioner Borkon noted her agreement.
Commissioner Lizee did not feel there to be a need to reopen this matter. Commissioner Foust
noted his agreement with Commissioner Kolstad. He felt in the situation of a buildable lot, the
property owner should be allowed the use of his property. He would be in favor of reviewing this
issue if this were the actual property owner requesting permission to put a dock on a buildable lot
and not two other property owners attempting to gain lakeshore rights. In general, he felt
prohibiting any accessory use is somewhat restrictive.
Vice Chair Turgeon did not want to revisit this matter. Commissioner Champa felt the ordinance
should be reviewed and some changes made to it to address some of the issues which were raised ..
by Commissioner Foust.
Nielsen explained distinguishing between permitted and accessory uses is a very basic premise of
zoning. Maintenance would be one reason for this.
8. ADJOURNMENT
Champa moved, Lizee seconded to adjourn the meeting at 8:55 p.m. Motion
passed 6/0.
RESPECTFULLY SUBMITTED,
Cheryl WalIat
Recording Secretary
TimeSaver Off Site Secretarial
.
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
19 June 1997
Ironwood Hills - Proposed Subdivision
405 (97.06)
.
Dale Nelson, representing Don Christensen, has submitted a revised plan for subdividing the
property at 4905 Suburban Drive. Instead of three lots served by a short cul-de-sac street, the
applicant now proposes a simple two-lot division (see Exhibit A). The proposed lots will contain
37,620 square feet and 50,470 square feet of area. The lots also comply with the width
requirements of the R -1 C zoning district. Note that Parcel B is somewhat wider than Parcel A to
take advantage of the topography of the site.
Not only do the lots exceed the minimum requirements of the R-1C district, a number of issues are
resolved by the revised plan. No longer is a pond required, and the amount of site alteration is
significantly reduced. Tree preservation is considerably enhanced and can be addressed with
individual building permits for the lots since the division itself requires no tree removal.
Approval of the subdivision is recommended, subject to the following conditions:
1 . The applicant must pay $1000 for park dedication and $1000 for sanitary sewer access for
the newly created lot. Credit is given for the existing lot.
2. The applicant must submit a title opinion or title commitment, up-to-date within 30 days,
for review by the City Attorney.
3. The applicant must record the division within 30 days of the Council's approval of the
division.
cc: Jim Hurm
Larry Brown
John Dean
Dale Nelson
A Residential Community on Lake Minnetonka's South Shore
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Exhibit A
REVISED SUBDIVISION
, .
.~
MAYOR
Tom Dahlberg
CITY OF
SHOREWOOD
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO:
Planning Commission, Mayor and City Council
Brad Nielsen
26 March 1997
Ironwood Hills - Preliminary Plat
405 (97 06)
BACKGROUND
Mr. Don Christensen has requested preliminary plat approval to subdivide the property located at
4905 Suburban Drive (see Site Location map - Exhibit A, attached) into three lots, as shown on
Exhibit B.
.
The property is zoned R-1C, Single-family Residential and contains 2.02 acres. An existing house
and a detached garage currently occupy the property. The site changes 18 feet in elevation from
1004 where the existing house is located to 986 at the middle of the south property boundary. The
property is heavily wooded, primarily with oaks and maples. The lot to the north of the subject
property is vacant. Patio homes in the Amesbury development are located to the east, and a
single-family home is located to the south of the site.
The applicant proposes to build a short cul-de-sac street to serve the three lots. The culde-sac takes
advantage of the high ground in the northwest comer of the property. The lots range in size from
20,150 square feet to 30,850 square feet in area.
ISSUES AND ANALYSIS
The proposed plat complies with the technical requirements contained in the Shorewood Zoning
and Subdivision Codes. The lots all meet or exceed the minimum area requirement (20,000 square
feet), width requirement (100 feet), and depth requirement (120 feet) of the R-1C zoning district.
The proposed cul-de-sac street right-of-way complies with the Shorewood Subdivision Code (50'
r.o.w. and 120' dia. cul-de-sac). Nevertheless, the proposed division presents several concerns
which need to be addressed.
A Residential Community on Lake Minnetonka's South Shore
~,x
B.
.
.
Memorandum
Ironwood Hills Preliminary Plat
27 March 1997
A. Street Location. There are two possible locations for the proposed street. One is where the
existing house is now, at the high point on the site. This may be the best spot in terms of
limiting tree removal, but poses some question with respect to sight distance along
Suburban Drive. The vertical curve on Suburban Drive between Idlewild Path and the new
street, may create somewhat of a blind intersection. Lining up the new street with Idlewild
~ath may resolve this problem. The City Engineer has been asked to comment on this
Issue.
Lot Configurations. The lot line between Lots 2 and 3 has been gerrymandered to comply
with width and area requirements. Although this could be resolved by extending the
cul-de-sac, such a solution is considered too drastic and not worth either the expense or the
additional site alteration. Still, it is possible to modify the lot line to lessen the effect of the
jogged line and increase the buildable area of Lot 3. Exhibit C shows an alternative lot line
arrangement.
c.
Tree Preservation. As can be seen on the attached exhibits, the subject property is
substantially wooded. Construction of the street and eventually construction of the homes
will necessitate some tree removal. The applicant must submit a tree preservation and
reforestation plan pursuant to Shorewood's Tree Preservation Policy. Before this plan can
be prepared, a detemmination on the road location must be made.
Drainage. Perhaps the most significant issue with respect to this property is drainage. The
site drops to a low spot which appears to be the lowest elevation in the immediate vicinity.
The City Engineer has expressed concerns that this low area may not have a positive outlet.
This issue will be elaborated upon in the City Engineer's report. The applicant is also
advised to contact the Minnehaha Creek Watershed District for their requirements with
respect to retention ponding and NURP design.
Drainage and utility easements, 10 feet wide on each side of rear and side lot lines should
be shown on the plat. Easements for ponding and access to the ponding will also be
required.
Subdivision Information. Some minor details are missing from the plat: 1) the proposed
name of the street, 2) Block 1; and 3) the source of the topographic infommation. Due to
the drainage concerns raised herein, it is critical that the topography be surveyed.
Park Dedication Fees and Sewer Access Charges. Assuming three lots can ultimately be
achieved, the applicant will have to pay the following prior to release of a final plat:
D.
E.
F.
. Local sanitary sewer access charges: $1000 each for two of the lots*
. Park dedication fees: $1000 each for two of the lots*
*Credit is given for the existing house
2
.
.
Memorandum
Ironwood Hills Preliminary Plat
27 March 1997
RECOMMENDATION
Although the proposed plat complies with technical requirements for lot size, the issues raised
herein must be resolved prior to approval of the plat. Much depends upon the City Engineer's
detemmination on the proposed location of the road. Based upon the Engineer's recommendations,
the applicant should submit a tree preservation and reforestation plan. Until these issues are
addressed, it is recommended that the applicant's plan be tabled.
cc: Jim Humm
Larry Brown
John Dean
Don Christensen
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Exhibit C
AL TERNA TIVE LOT LINE
''''-..,--......
03-24-1997 10:SSAM
.
.
PAUL,S SHIPPING & FAX
6029820741 P.01
i TIM AND YISA SMITH
i (612)-474'$203 '
i 4945 Subutban Drive
: Shorewood, MN 55331
~~:~4n~;~
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:March 19,: 1997 .
! ..
i
IThe City o~'Shorewood .
'5755 Couniry Club Lane
.Shorewood, MN 55331'
: Dear City Of Shorewood:
I
[We are theineighbors directly to the south of the proposed subdivision on Suburban
i Drive in Shorewood. We mov ad here 3 years ago, and were excited about finding a
;neighborhqoo with'the personality and characteristics that were (and still are) important
ito us. It has come to our attention that a new subdivision is being contemplated. We
: believe this will change the landscape and the feel of the neighborhood, and are
concerned about the citY's involvement (or lack thereof) in preserving our community. It
is not just a loss of the character that concerns us, however. We also have some
!practical concerns:
11.
Wflti a new- road being proposed, will that set a new standard as far as road
width is concerned? Will Suburban Drive need to be widened to accomodate it?
The'proposed new road is where Suburban Drive narrows.
:2.
i
The: new road (cul-de-sac) will be paid for by whom? At what loss of trees and
natUral areas? Does it matter that a cul.de-sac in this neighborhood is grossly
out of place? This is a very natural, wooded area. We would like it to stay that
way:
13.
!
The/speed iimit on Suburban Drive is 20 MPH, decreasing to 15 by the
proposed subdivi$ion. The proposed road is in a blind spot The speed limit is
not now enforced very stringently (although we believe it should be). Will this
necessitate the addition of a stop sign at Idlewild? That would mean traffic
would stop and start right in front of our house, which is something else we
defirilitely do not want.
~.
I
With 3 new:houses being proposed, will there be three new wens, or is this
SUb~ivisionexpecting city water? A lot of the people in this neighborhood are
opposed to -city water.
I
03-24-1997 10:56AM
PAUL,S SHIPPING & FAX
6029820741 P.02
i 5. How will the natural areas be preserved? Will there be any restrictions
pertaining to where and how much you can change the topography? How will
these restriCtions be enforced and by whom?
We have a .situation on the other (south) side of our property where the previous
owr/er decided to fill the low areas on their property. Even though the City was
maqe aware of ~is activity, it did nothing to stop the many truckloads of fill
pladed into this natural water~collecting area, and now that it's done it can't be
undone.
Subisequeritly, lalSt spring they had an excess of water, which they pumped out,
against our, expr~ssed desire to that owner, and which went directly onto our
prop,erty. Coincidentally (or not), the property that provides drainage to our rear
(Am;esbury) plugged the culvert that is in the rear of OUf property. As a result,
the Standing water on our property was ankle deep. Again, when we asked the
City!to stop the pi:Jmping and to re.open the culvert, no action was taken.
.
. .
Therefore, if the low areas on the north side of us (the proposed subdivision)
als~ are filled in, we would then also take all of the water from the 3 proposed
lots as well; Right now, this is a natural, wooded area with adequate drainage.
HoW will the City guarantee that this drainage be preserved? We afe
apprehensive about this happening yet again, and we are frustrated about our
lack! of ability to stop it once it starts to happen.
:6.
As we understand it, this property is already two lots (approximately 1.2 acres
and ,.8 acres), wttrI two separate driveways. The propoal for three lots makes
the~ approximat~ly .60 acres, .70 acres and .46 acres. 'M1y make it into three
lots? 'My try to establish a "house farm" manufactured look in an established,
woo(JSY, natural community? The existing lots, without the addition of ~ new
road, seem more in keeping with the norm for Minnetonka Manor that do the
proposed lots.
.
:We look forWard to' receiving some answers to these questions, as well as to
rarticipating in any discussion regarding the approval of this subdivision.
!
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~incereIY,
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rmothy D. fmith and USa G. Smith
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Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
CITY OF
SHOREWOOD
5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128 . www.state,net/shorewood . cityhall@shorewood,state.net
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM:
Larry Brown Q~
April 1, 1997 'r!:7
.
DATE:
RE: Ironwood Hills - Preliminary Plat
The subject parcel is 2.02 acres located at 4905 Suburban Drive (refer to Exlnbit A).
Existing Site Conditions:
The existing topography varies from approximately 1004 at or near the existing home in the
northwest comer of the property to 986 at the low point immediately east of the intersection of
Idlewild Path and Suburban Drive. This site is heavily wooded with mature oak and maple trees
throughout the site.
.
The subject property is bounded by Amesbury Development to the east, the 66 foot public right of
way of Suburban Drive to the west, a single family home located to the south, and a vacant property
to the north.
Proposed Right of Way:
The applicant proposes to subdivide the property into three lots with a proposed cul-de-sac within
the northwest quadrant of the property. The proposed right of way is 50 feet with a 50 foot radius
for the cul-de-sac. This is in accordance with the current subdivision code.
The location of the proposed right of way at the northwest quadrant of the site creates a severe site
distance problem. Northbound traffic on Suburban Drive has approximately 55 feet of sight distance
to the entrance, which is unacceptable. As a minimum 150 feet of sight distance would normally be
provided for the 20 mile per hour posted speed limit for this area. The proposed location does not
meet the minimum requirements.
It is recommended that the cul-de-sac be moved to the southwest quadrant of the property directly in
line with the right of way for Idlewild Path (refer to Exhibit B). This location not only increases the
sight distance, but intersects Suburban Drive at an existing intersection. This is desirable since
residents from the area already anticipate that a car may be in the intersection as they travel in a
southbound direction on Suburban Drive.
A Residential Community on Lake Minnetonka's South Shore
. ...
Planning Commission, Mayor and City Council
Preliminary Plat Review - Ironwood Hills
April 1, 1997
Page 2 of2
Sanitary Sewer and Watermain:
Sanitary sewer is available within the public right of way of Suburban Drive. It is anticipated that a
manhole will need to be set over the existing sanitary sewer line within the existing right of way, with
a 9 inch lateral being extended from this manhole to the center of the proposed cul-de-sac.
.
Municipal water service is not immediately available to the site within the public right of way of
Suburban Drive. The nearest existing water service is within the Amesbury Subdivision. Due to the
varying topography which separates the two subdivisions, it is unfeasible to provide a connection to
municipal water service for this subdivision. Therefore private wells will need to be utilized.
Grading and Drainage:
The drainage for this site is probably the most challenging aspect of the proposed site. Currently,
drainage for the site pockets in the low area immediately east of the intersection of Idle wild Path and
Suburban Drive. There is no known outlet for this area. It may be that the area has tile lines which
currently drain the area. However, this can not be depended upon for the additional runoff generated
by the proposed increase in hard cover surface.
Recommendations:
.
There are a number of drainage related problems in the immediate area that have the potential of
being impacted by an increase in the amount of runoff generated from this site. Therefore it is
recommended that this preliminary plat be tabled until such time as the storm water issues and the
location of the roadway be addressed.
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Exhibit B
PRELIMINARY PLA T
Ironwood Hill
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR DON CHRISTENSEN
WlIEREAS, Don G. CbJistensen (Applicant) is the owner of certain real property in the
City of Shorewood, legally described as:
"Lots 23,24 and the northerly 50 feet of Lot 22, Block 2, Minnetonka Manor, Hennepin
County, Minnesota"; and
WHEREAS, the Applicant has applied to the City for a subdivision of said real property
into two parcels legally described in Exhibit A, attached hereto and made a part hereof; and
.
WHEREAS, the Applicant and all other parties holding an interest in said real property
have agreed to grant to the City drainage and utility easements legalfy described in Exhibits B and
C, attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by the Applicant complies in all respects with the
Shorewood Zoning Code.
NOW, THEREFORE...BE IT RESOLVED by-the City Council of the City of
Shorewood as follows:
1. That the real property legally describednerein be divided into.two parcel~Jegally
described in Exhibit A.
.
2. That the City Clerk furnish the Applicant with a certified copy of this resolution for
recording purposes.
3. That the Applicant record this resolution, together with the drainage and utility
easements legally described in Exhibits B and C, with the Hennepin County Recorder or Registrar
of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
July, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
!IQposed Le2al Descriptions
Parcel A
That part of Lots 23 and 24, Block 2 Minnetonka Manor, lying northerly of a line drawn parallel
with and 105.00 feet southerly of, measured at right angles to, the northerly line of said Lot 24
and its extensions.
Parcel B
The northerly 50 feet of Lot 22, and that part of Lot 23 lying southerly of a line drawn parallel
with and 105.00 feet southerly of, measured at right angles to, the northerly line of Lot 24 and its
extensions, all in Block 2, Minnetonka Manor.
Exhibit A
.
.
'.
CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Kristi Stover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
19 June 1997
Christmas Lake Point - Lot Line Rearrangements
405 (97.19)
BACKGROUND
.
Dr. Charles Oberg, representing himself and three other property owners on Christmas Lake Point,
has requested approval to rearrange the lot lines between their respective properties. The subject
sites are located at 5590, 5595, 5625 and 5635 Christmas Lake Point (see Site Location map-
Exhibit A, attached). All of the lots are zoned R-lC/S, Single-Family Residential/Shoreland, and
all are occupied by existing homes.
The proposed rearrangements are shown on Exhibit B, attached. Proposed lot lines are shown in
heavy dashed lines, and existing property lines are shown in lighter dashed lines. It should be
noted that Christmas Lake Point is an existing private road serving 15 properties.
ANAL YSIS/RECOMMENDATION
The reason for the proposed lot line rearrangement is to clean up some of the existing lot
configurations and make the existing boundaries of the lots conform better with the existing
improvements on the lots. All of the proposed lots meet or exceed the minimum lot area for the
R-1C/S zoning district. Following are the proposed lot sizes:
Tract A: 28,827 square feet
Tract B: 46,344 square feet
Tract C: 34,913 square feet
Tract D: 50,073 square feet
With the exception of Tract C, all lots comply with the width requirements of the R-IC/S district.
It should be noted, however, that the rearrangement improves the width of Tract C. Following are
the improvements brought on by the applicants' proposed rearrangement:
A Residential Community on Lake Minnetonka's South Shore
(pPJ
.
.
Memo Re: Christmas Lake Point Rearrangement
19 June 1997
page 2
1 . The width of Tract A is improved and the land in front of the owner's house will now
belong to his lot.
2. Tract B is enlarged and the existing driveway will not cross over his neighbor's property.
3 . The lot line between Tract C and D is straightened out somewhat so that the house on Tract
C is not looking over the property ofD, reducing the effect of the gerrymandered lot lines.
Also, the driveway for Tract C no longer crosses over the property of Tract A.
4. Two tiny parcels (Tracts H and G) will now be combined with adjacent lots.
The applicants are to be commended for their efforts to resolve their boundary line issues.
Cooperation such as this between four property owners is seldom accomplished. It is
recommended that the proposed rearrangement be approved as presented.
cc:
Jim Hurm
Larry Brown
John Dean
Charles Oberg
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SITE LOCATION
Christmas Lake Point - Lot Line Rearrangement
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
CHARLES OBERG
WHEREAS, Charles Oberg, Michael Fannon, Thomas Pope and Harley Feldman
(Applicants) are the owners of certain lands within the City of Shorewood and have applied to the
Council for preliminary approval of a plat to rearrange the lot lines between their lots, as shown
on Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated
. 19 June 1997, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
1 July 1997, for which notice was duly published and all adjacent property owners duly notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Applicants' request for preliminary plat approval is hereby granted.
2. That the Applicants shall submit a final plat within six months of this approval.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 28th day of July, 1997.
.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
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CITY OF
SHOREWOOD
MAYOR
Tom Dahlberg
COUNCIL
Kristi Slover
Jennifer McCarty
Jerry O'Neill
John Garfunkel
5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood · cityhall@shorewood.state.net
MEMORANDUM
TO:
FROM:
DAlE:
Planning Commission, Mayor and City Council
Brad Nielsen
.
18 June 1997
RE:
FILE NO.:
Greer, Mike - Simple Subdivision
405 (97.18)
'BACKGROUND
In May of this year Mike Greer received approval to subdivide the property at 6020 Galpin Lake
Road (see Site Location map - Exhibit A, attached) into two lots. At that time it was mentioned that
Mr. Greer would soon apply to resubdivide the larger parcel with an existing house on it into two
lots, as shown on Exhibit B.
The property is zoned R-1C, Single-Family Residential and contains 58,387 square feet of area
(1.34 acres). The site is occupied by an existing house and a stable building. The two lots will
contain 28,990 and 29,397 square feet respectively.
.
ANAL YSIS/RECOMMENDATION
The proposed lots meet or exceed the minimum requirements of the R-l C zoning district. Both
lots are over 100 feet in width and both are well over the 20,000 square-foot lot area requirement.
It is recommended that the subdivision request be approved subject to the following requirements:
1. The applicant must provide a title opinion or title commitment (up-to-date within thirty
days) for review by the City Attorney.
2. The applicant's surveyor must provide legal descriptions for drainage and utility easements,
10 feet on each side of side and rear lot lines. From these legal descriptions his attorney
must prepare easements in favor of the City.
3 . The stable must either be moved on to the lot with the house on it or be removed. If this
can not be done prior to the applicant's receipt of the resolution approving the division, an
escrow must be provided, guaranteeing removal of the building within six months.
A Residential Community on Lake Minnetonka's South Shore
~
.
.
Memo Re: Greer Subdivision
18 June 1997
page two
4. Prior to release of the resolution approving the division the applicant must pay the
following fees:
a. Park dedication: $1000 for the new lot.
b. Sanitary sewer access: $1000 for the new lot.
Note that due to recent consensus on the Council that lots where city water is not available
should not be charged, a water assessment agreement has not been recommended.
5. Items 1-3 above must be completed within 30 days, after which a resolution will be
prepared for Council approval.
6.
Once the applicant has received the Council resolution approving the request, he must
record it with Hennepin County within 30 days.
cc: Jim Hurm
John Dean
Larry Brown
Mike Greer
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SITE LOCATION
Greer - Simple Subdivision
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Exhibit B
PROPOSED SUBDIVISION
CITY OF SHOREWOOD
RESOLUTION NO~
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR MICHAEL GREER
WHEREAS, Michael A. and Michelle L. Greer (Applicants) are the owners of certain real
property in the City of Shorewood, legally described as:
"The southwesterly 200.00 feet of Lot 179, Auditors Subdivision No. 135, Hennepin
County, Minnesota"; and
WHEREAS, the Applicants have applied to the City for a subdivision of said real
property into two parcels legally described in Exhibit A, attached hereto and made a part hereof;
and
.
WHEREAS, the Applicants and all other parties holding an interest in said real property
have agreed to grant to the City drainage and utility easements legally described in Exhibits B and
C, attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by the Applicants complies in all respects with the
Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the real property legally described herein be divided into two parcels, legally
described in Exhibit A.
.
2. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
3. That the Applicants record this resolution, together with the drainage and utility
easements legally described in Exhibits B and C, with the Hennepin County Recorder or Registrar
of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
July, 1997.
T om Dahlberg, Mayor
ATTEST:
James C. Rurm, City Administrator/Clerk
!IQposed Le2aI Descriptions
Parcel A
The northeasterly 100.00 feet of the southwesterly 200.00 feet of Lot 179, Auditors Subdivision
No. 135, Hennepin County, Minnesota.
Parcel B
The southwesterly 100.00 feet of Lot 179, Auditors Subdivision No. 135, Hennepin County,
Minnesota
Exhibit A
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 97 -
A RESOLUTION AUTHORIZING THE CITY OF SHORE WOOD TO BE A SPONSOR FOR
THE CITY OF EXCELSIOR'S APPLICATIONS FOR FEDERAL TRANSPORTATION
FUNDING FOR THE EXCELSIOR STREET CAR LINE COMPLETION PROJECT & AN
INTERMODAL TRANSPORT A TION BUILDING
WHEREAS, the City of Excelsior is applying for funding for a projects eligible for Enhancement
funds of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA); and
WHEREAS, said projects entitle "Excelsior Street Car Line Completion" and "lntermodal
Transportation Building" would complete a streetcar loop in the central business district and would provide a
building for the historic Minnehaha Streamboat / Streetcar; and
WHEREAS, the Excelsior City Council adopted Resolutions 97-24 and 97-25 (attached to and made
a part of this resolution), authorizing submission of applications for ISTEA grants for construction of a
streetcar line and intermodal transportation building; and
. WHEREAS, said projects would each include a federal grant amount of $688,928, a local match of
$172,000 plus $100,000 for engineering (the responsibility of the City of Excelsior), for a total project cost for
each of $960,928; and
WHEREAS, Federal Transportation Enhancement Fund application requirements state: only formal
recipients of state aid are permitted to use the state aid account for up-front financing of federal aid highway
projects. A city under 5,000 or private group must find an eligible sponsor (a state agency, county, or a city
over 5,000) or provide up-front financing for a federal aid project; and
WHEREAS, the City of Shorewood is a "State Aid Community, "over 5,000 in population; and
WHEREAS, the Council of the City of Shorewood wishes to be a "sponsor" or ')urisdictional
agency" for the City of Excelsior to undertake said project; and
WHEREAS, said sponsorship in no way commits Shorewood state aid funds or local Shorewood
funds to said project.
. NOW, THEREFORE, BE IT RESOLVED by the Shorewood City Council that the City of
Shorewood is hereby a sponsor for the City of Excelsior for said Federal Transportation Enhancement Fund
applications for ISTEA grants for the projects entitled "Excelsior Streetcar Line Completion" and "lntermodal
Transportation Building."
BE IT FURTHER RESOLVED, that the City of Excelsior is to provide an agreement acceptable to
the City of Shorewood as the grant sponsor providing for full reimbursement of all funds passing through the
Shorewood State Aid Account and accepting full responsibility for the project to the federal and state
governments.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
July, 1997.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
A1
City of Excelsior
Hennepin County, Minnesota
RESOLUTION NO. 97 - 24
A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION
FOR AN INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
GRANT FOR CONSTRUCTION OF A STREETCAR LINE
WHEREAS, the City of Excelsior seeks to enhance the transportation opportunities for its residents
and visitors; and
.
WHEREAS, the Comprehensive Plan of the City of Excelsior stresses the importance of things
historic in the community; and
WHEREAS, the City of Excelsior historically was served with streetcars as a form of public
transportation; and
WHEREAS, the City of Excelsior seeks to collaborate with Excelsior Park Properties, Inc., and the
Minnesota Transportation Museum (a non-profit organization) to restore a streetcar
line for the benefit and enjoyment of the public; and
WHEREAS, the MTM is constructing streetcar trackage along a former rail bed within the City,
and all parties are desirous of continuing a line to form a loop around the central
business district of the City; and
.
WHEREAS, the restoration of the streetcar line is an eligible project for funding within the rules
for federal ISTEA grants; and
WHEREAS, the City acknowledges that in pursuing the grant, that it would be subject to rules of
the grant program requires a minimum local match of 20 per cent of the project costs,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Excelsior hereby
authorizes the submission of an application for a federal ISTEA grant for the
construction of a streetcar line.
Adopted July 21, 1997.
Steve Finch, Mayor
Attest:
James R. OIds, City Clerk
Craig \V. Da\vson. City \'lanage;
,~
City of Excelsior
Hennepin County, Minnesota
RESOLUTION NO. 97 - 25
A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION
FOR AN INTERMODAL SURF ACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
GRANT FOR CONSTRUCTION OF AN INTERMODAL TRANSPORTATION BUILDING
WHEREAS, the City of Excelsior seeks to enhance the transportation opportunities for its residents
and visitors; and
WHEREAS, the Comprehensive Plan of the City of Excelsior stresses the importance of things
historic in the community; and
.
WHEREAS, the City of Excelsior historically was served with streetcars and steamboat streetcars
as forms of public transportation; and
WHEREAS, the City of Excelsior seeks to collaborate with Excelsior Park Properties, Inc., and the
Minnesota Transportation Museum (a non-profit organization) to restore a streetcar
service and to construct a storage/maintenance/display area for a restored streetcar
steamboat, all for the benefit and enjoyment of the public; and
WHEREAS, the MTM has restored and placed in operation a streetcar steamboat, the Minnehaha,
and is in the process of constructing a streetcar line on a former rail bed within the
City; and
.
WHEREAS, construction of a building for historic reuse of modes of transportation is an eligible
project for funding within the rules for federal ISTEA grants; and
WHEREAS, the City acknowledges that in pursuing the grant, that it would be subject to rules of
the grant program requires a minimum local match of20 per cent of the project costs,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Excelsior hereby
authorizes the submission of an application for a federal ISTEA grant for the
construction of a streetcar line.
Adopted July 21, 1997.
Attest:
Steve Finch, Mayor
Craig W. Dawson, City Manager
James R. Olds, City Clerk
.
.
JUL-24-1997 13:02
CITY OF EXCELSIOR
612 474 6300 P.0S
must be provided which will be reimbursed at 80% by the Federal Highway Administration
(FHW A) as work is completed. This has a direct bearing on the conditions under which certain
applicants are eligtble.
Mn/DOT - If a project has a direct relationship to a trunk highway and MnIDOT is letting the
project., then normal MnlDOT letting procedures are followed and the State Trunk. Highway
Trust Fund is used to provide up-front financing.
OTHER STATE AGENCIES - If another state agency is responsible for the project, an
agreement is written between MnlDOT and the other state agency and the project is administered
by the State Aid for Local Tr.msportation Division (SALT). The state agency is responsible for
providing up-front financing through SALT as provided by law.
FEDERAL AGENCIES or TRIBAL GOVERNMENI"S - Federal agencies or tribal governments
are eligible for enhancement funds under the same conditions as other state agencies.
;>
CITIES OVER 5,000 or COUNTIES - If a city of over 5.000 population or a county is
responsible for a project. the project is administered by SAL l' and the State Aid Account is used
to provide up-front financing.
CITIES UNDER 5,000 or PRIVATE GROUPS - Only formal recipients of state aid are
permitted to use the State Aid, Account for up-front financing of federal aid highway projects. A
city under 5,000 or private group must fmd an eligible sponsor (a state agency, county, or city
over 5,000) or provide up-front:financing for a federal aid project. These types of projects would
still be administered by SALT.
5. The proposer must assure it will operate and maintain the property and facility of the project for
the useful life of the improvement, and not change the use of any right-of-way acquired without
prior approval from the Minnesota Department of Transportation and the Federal Highway
Administration.
The FHW A requires that states agree to opetate and maintain facilities constructed with federal
transportation funds for the useful life of the improvement, and not change the use of any right-
of-way acquired without prior approval from the FHW A. TAB has determined that this
requirement will be applied to the project proposer. FHW A considers most physical
constructions and total reconstructions to have a useful design life of 10 years or more.
depending on the aa1Ure of the project. Bridge constructions and total n:construc:tions are
considered to have useful lives of 50 years. The useful life of the project will be defined in the
inter-agency maintenance agreement that must be prepared and signed prior to the project letting.
Projects must have an estimated total cost of at least $125,000
There are significant federal project processing requirements that come with federal funds.
These requirements translate into expenditures of time and money on the parts of both the
agency proposing/developing the project and the state agency administering the federal funds for
the project. Project proposers can "bundle" projects together to meet this minimum. (Example;
bundled projects could consist of signing and lighting a number of bike trails in several
counties.) Communities may want to consider using joint powers agreements for implementing
bundled projects.
7. TAB will not provide more than $700,000 in TEP funds for a specific project. The amount of
federal TEP funds cannot be less than 50% of the total project cost.
6:
<a
TOTAL P.05
07.21.97 CC Mtg Agenda Items 8a, 8b
Resolution for Submission of
ISTEA Grants
July 17, 1997
City Council
Craig W. Dawson, City Manager
The City Council came to a consensus decision committing the City to explore a multi-faceted
redevelopment proposal with the Excelsior Park Properties and the Minnesota Transportation
Museum. All parties have signed the agreement. Representatives of the parties have also agreed that
an application should be made for the next round of federal Intennodal Surface Transportation
Efficiency Act grants. It seemed most appropriate that the City of Excelsior should be the applicant
for these grants. .
The maximum available for a single grant is $700,000. Each requires a local match of at least 20 per .
cent of project costs, and the match can be made in cash or in a number of non-monetary ways.
Grant applications are due by Monday, July 28. Work on cost estimates for each of the two grants
under consideration is in progress; final estimates will, of course, be included in the grant
applications. A resolution authorizing submission of each grant application is appropriate.
Agenda Item Sa--Streetcar Line Loop
The Minnesota Transportation Museum (MTM) is constructing a streetcar line on the Southwest
LRT Regional Trail between Excelsior Boulevard and Water Street. Proposed is construction of a
loop for the streetcar line--from the LRT Trail at Excelsior Boulevard southwest to Lake Street,
northeast to Water Street, and southwest to the LRT Trail at Water Street. The rails would be placed
in public streets and serve the Excelsior Park property as well.
.
Agenda Item Sb--Intermodal Transportation Building
The concept for the redevelopment of the Excelsior Park properties includes an attached building
which would serve as a streetcar station; a working storage, maintenance, and display area for the
Minnehaha steamboat streetcar; and a service/display area for the MTM.
Recommendation:
It is recommended that the Council adopt the proposed resolutions authorizing submission of
applications for ISTEA grants for the Streetcar project (Agenda Item 8a) and the Intermodal
Transportation Building (Agenda Item 8b).
Federal Transportation Enhancement Fund Application
1. Applicant:
2. Project/Route/Facility Name:
3. Mailing Address:
4. County:
5. Contact Person:
6. Project Name:
7. Project Description:
.
8. Project Category:
9. Federal Amount:
10. Local Amount:
11. Project Totals:
12. Source of Local F.unds:
.
13. Local % of Project Total:
14. Program Year:
15. Items Required:
16. Signature
City of Excelsior. Sponsor is the City of
Shorewood due to size of City of Excelsior.
Excelsior Streetcar Line
339 Third Street, Excelsior, MN 55331
Hennepin
Steve Finch, Mayor; Craig W. Dawson, City
Manager
Excelsior Streetcar Line completion
The 1991 ISTEA financed Excelsior Streetcar
line and Car Storage facility is in the process
of completion. This project will complete the
existing line by completing a circle through
the City and run on the City Streets through
the heart of downtown. It will connect the
Port of Excelsior, the Steamboat Minnehaha
Dock, the Excelsior, Lake Minnetonl<a
Historical Society Museum, and the southern
edge of the downtown area of Excelsior.
Historic Grouping
$688,928
$172,186 Match, plus $100,000 Engineering
$960,928
Steamboat Revenues and Gifts Raised by the
Minnesota Transportation Museum and City
of Excelsior, Direct Funds from the City of
Excelsior.
20% Match
2001; Note: Project will be ready for advance
funding, if available, in the year 1999.
Request that any funds available to advance
the date be made available.
Check All Five
Mayor, and City Manager
Page 1
PROJECT DESCRIPTION
The Minnesota Transportation Museum has been awarded an ISTEA grant
to build approximately % mile of streetcar track in Excelsior running along the
former railroad bed currently owned by the Hennepin County Regional Railroad
Authority and a streetcar storage building adjoining the track. It runs between
Water Street on the South and Excelsior Boulevard on the East, which is
generally at the back of the houses and businesses bordering the track. This
track and storage building is being constructed in the summer of 1997 with
completion scheduled by October 1997. The Museum is in the process of
renovating historic streetcars, which are in their possession, for operation on this
line.
This new project will complete the current route of the line by connecting
the two ends. with each other and making a complete circle in the downtown
section of the City of Excelsior. Beginning with the current streetcar stop at the .
intersection of Water Street and the streetcar track, (which is where the Excelsior
Lake Minnetonka Historical Society Museum and the Regional Transportation
District Park and Ride is located), the new track will run down the center of Water
Street (which is the main downtown street bordered by historic commercial
buildings) and to its stop at the historic Port of Excelsior on Lake Minnetonka.
That is where the Public Docks are located and where over 15 Lake Minnetonka
commercial cruise ships dock for passenger boarding. From there the track will
run easterly along Lake Street parallel to the shore of Lal<e Minnetonka to the
intersection of Excelsior Boulevard. Continuing on Excelsior Boulevard, it will
stop at the combined transfer facility for the streetcar and the Steamboat
Minnehaha. This facility will be a reestablishment of the historic transfer which
made this area famous at the Turn of the Century, and within it passengers will
easily transfer to the Steamboat for a trip to points on Lake Minnetonka. From .
there, the track will connect with the existing track at its intersection with Excelsior
Boulevard.
This project includes all tracking, switching, electrical wiring, and other facilities
such that the streetcar will be able to operate down the center of the City just as it
did historically. It will greatly enhance the appeal of an historic experience which
is already exists in Excelsior. It will provide riders with intermodal experience at
three different locations, and with the ability to see streetcars operating along with
pedestrian, automobile, bicycle, boat, and other transportation mediums in an
historic city which has preserved its architectural past. It will allow operation on
City streets in exactly the same manner that streetcars historically did.
Page 2
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RESPONSE TO EACH QUALIFYING CRITERIA
This project is under the HISTORIC project group. "Acquisition of historic sites, historic
highway programs, historic preservation, rehabilitation one operation of historic
transportation buildings, structure, or facilities, archaeological planning and research."
Following is our response to each qualifying criteria:
1)
2)
.
3)
4)
.
5)
Scenic or Historic highway programs.
None
Provision of facilities for pedestrians and bicycles.
Provides pedestrian facilities and ease of movement within the downtown
of Excelsior. Provides bicyclists with the opportunity to reach the City on
the Hennepin County Park trail and to park their bicycle and become a
pedestrian and streetcar rider reaching the entire commercial district of the
City.
Acquisition of scenic easements and scenic or historic sites.
Acquires an easement to Lake Minnetonka to provide a transfer site for the
streetcar and steamboat passenger to easily transfer between
transportation modes. This scenic site is the former location of the
Excelsior Amusement Park, and historic lake recreational facilities.
Landscaping and other scenic beatification.
Enhances the scenic beautification of the entire downtown area of
Excelsior.
Historic preservation.
Provides historic transfer from streetcar to boat. This only existed in a few
places in the world. The entire reason is to preserve this historic treasure.
See response in Prioritizing Criteria.
Rehabilitation and operation of historic transportation buildings,
structure or facilities {including historic railroad facilities and canals}.
The entire reason is to preserve this historic treasure. See response in
Prioritizing Criteria
Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
The entire reason is to preserve this historic treasure. See response in
Prioritizing Criteria
Control of and removal of outdoor advertising.
None
Archaeological planning and research.
None
6)
7)
8)
9)
Page 4
10) Mitigation of water pollution due to highway runoff.
None
TRANSPORTATION ENHANCEMENT PROGRAM (TEP)-
PROJECT PRIORITIZING CRITERIA
A. EXTENT TO WHICH THE.PROJECT HAS A DIRECT RELATIONSHIP TO THE
INTERMODAL OR MULTI MODAL TRANSPORTATION SYSTEM.
1. 150 Points. How it functions as a component or enhancement of the transportation system.
The completion of the Excelsior streetcar line to be a full and complete circle operating down the
main streets of Excelsior, will greatly enhance and facilitate transportation in Excelsior by bringing
together the two busin~ss nodes of the city. One business is Water Street, the other is Excelsior
Boulevard.
The completed circle streetcar line will be a valuable component of local transportation allowing easy
movement between downtown Excelsior shops and restaurants, Excelsior Commons Park, The Port
of Excelsior, the Aaahhz Convention Center and proposed convention hotel, the 1906 Steamboat
Minnehaha Landing, the Excelsior Lake Minnetonka Historical Society and Lyman Park. The
completed streetcar line will ease congested parking by allowing individuals to park for easy
streetcar pickup in Excelsior City lots, outlying streets, and a property which I s in the process of
being acquired by the museum for parking. Transportation will be clean and comfortable, even in
inclement weather. 1907 streetcar #1239 is being restored to operate on the Excelsior Streetcar
Line. Streetcar and trolleys operated year around during their hey-day. It would be our intention to
enter into an agreement with Excelsior or the Chamber of Commerce to provide service on summer
weekdays. Volunteers will operate on weekends and holidays. Winter holiday operation is possible.
The Excelsior Streetcar will enhance the enjoyment and movement of people throughout the city.
2. 0-125 Points How the project will have a beneficial impact on the transportation system.
The Excelsior Streetcar Line will have a beneficial impact on MTC Bus Line passengers because it
interconnects to allow easy transfer for those who arrive without access to automobile transportation.
Bus riders will benefit from having access to restaurants and shops, parks and recreation and
education facilities, perhaps more easily than those who choose to drive.
Persons driving to Excelsior will benefit because they will be able to park farther out where parking
may be considerably easier, take a short walk to the Excelsior Streetcar and easily ride to stores,
restaurants, the Minnehaha or Aaahhz Convention Center.
Residents of the South Shore Senior Residence which is located on the Excelsior Streetcar line will
benefit because they generally do not have cars, and will enjoy easy transportation to many
Excelsior locations.
South Shore Senior Center members who are often bused to shopping and entertainment will
Page 5
.
.
benefit by being able to travel Excelsior on the streetcar and trolley.
Hundreds of people bike and take the Hennepin County Regional Park Trail that parallels the
Excelsior Streetcar Line for one half mile through Excelsior. Many of these hikers and bikers will
benefit when they choose to stop to ride the streetcar and many interesting sights and sounds of
Excelsior.
About twenty cruise and charter boats stop at the Port of Excelsior. Passengers arriving in or
departing from Excelsior may benefit by taking advantage of the fun and easy streetcar ride to and
from the Port.
Only seven cities in the world had boating extensions to their land based streetcar systems. To our
knowledge Excelsior will have the only restored and operating intermodal system. The streetcar
would operate at 20 minute intervals. the restored 1906 Steamboat Minnehaha departs for Wayzata
t 9 A.M., Noon, 3 & 6 P.M. Passengers will benefit from easily transferring from streetcar to streetcar
boat.
.
It would be possible for someone to leave their auto at a park and ride, take the bus to Excelsior,
hike the Hennepin County Parks Trail, rent a bicycle, ride the streetcar, take the Minnehaha and end
the day with a dinner cruise. Excelsior will offer extraordinary multi modal opportunities.
3. 0-100 points. Proximity tO'the following:
A. Principal and Minor arteries
The Excelsior Streetcar Line will have a beneficial impact on State Highway 7 as it is adjacent to and
easily seen from Highway 7. It should add great interest to the Highway 7 drive. Highway 7 users
will enjoy easy exit to the Excelsior Streetcar and other amenities. It is also close to County Road
19. It will traverse highly traveled Excelsior Boulevard and Water Street.
B. Public transit routes, hubs and terminals
MTC buses and the streetcar have stops in common for easy transfer between bus and streetcar in
Excelsior. South Shore Senior Center buses can easily meet the Excelsior Streetcar Line at several
points. The streetcar will pass by and stop at Excelsior city parking lots. The streetcar will serve
both the Aaahhz Convention Center hub and the Downtown Excelsior hub.
.
C. Ports and intermodal terminals
The Excelsior Streetcar line will have several major intermodal terminals. the Steamboat Minnehaha
Landing will allow transfer between the streetcar and the streetcar boat for continuation of the
passengers journey. Many Lake Minnetonka cruise boats and the Steamboat Minnehaha board and
depart passengers the Port of Excelsior. We anticipate many passengers will leave their cars at the
downtown lots or the Aaahhz parking lots to board the Excelsior Streetcar Line.
D. Proximity to bil<eways and pedestrian facilities
The Excelsior Streetcar Line shares the former Minneapolis and St. Louis right of way with the
Hennepin County Parks walking and biking trails for a half mile through Excelsior. The streetcar will
travel along Lake Street and Water Street which are popular walking and shopping streets in
Excelsior. Popular pedestrian facilities along the route are the Minnehaha Steamboat Landing,
Page 6
Aaahhz Convention Center, Excelsior Park Restaurant, Port of Excelsior, downtown Excelsior,
Excelsior Lake Minnetonka Historical Society and the proposed Lake Minnetonka History Center.
E. Population concentrations likely to use or benefit from the project
We believe the Excelsior Streetcar Line, the Steamboat Minnehaha, the Aaahhz Convention Center
and Excelsior's many other attractions will make Excelsior a destination for visitors from the entire
Upper Midwest and most certainly from the State of Minnesota. We see tourists from Duluth and
Rochester making over night trips to Excelsior. Minneapolis and S1. Paul residents will enjoy day
trips. Many people may choose to visit for an enjoyable dinner and evening at Lake Minnetonka.
Page 7
.
.
.
B. PROJECT COMPONENTS THAT HAVE ALREADY BEEN FUNDED AND/OR
IMPLEMENTED FROM OTHER FUNDING SOURCES.
1. 0-150 Points
The Excelsior Streetcar is missing its key and final element.
The 1993 ISTEA offering funded the first half mile of the Excelsior Streetcar line which is now being
completed. The present line is a component which interconnects downtown Excelsior with the
restored 1906 Streetcar Steamboat Minnehaha recreates the intermodal transfer from streetcar to
streetcar steamboat as it existed in 1906. Reliving this real life experience of our great grandparents
is a significant educational experience into our history and heritage for young and old. The system
can and will be greatly enhanced by its second component, the completion of its Northern half, a key
and final element, to become a full circle operating line, operating through the heart of Excelsior.
.
The total ISTEA project investment for the first one half mile track and storage and maintenance
building component was $492,000. $39.100 and the services of Ken Stevens and Larry O'Dell as
Project Sponsors, and was given by Hennepin County. Hennepin County engineers Dave Feltel and
Bob Grover oversaw the installation. Webster Industries provided approximately $50,000 in
wooden, treated streetcar railroad ties. Bell Pole Company provided poles to support the overhead
streetcar power line at a value of approximately $10,000. The Project Volunteer Coordinator, Leo
Meloche, has given over 5,000 hours over the fours years from application through construction.
Other volunteers have given thousands of hours in moving and restoring the trolleys. The ,Minnesota
Transportation Museum paid $59.260 provided by community gifts as the 20% ISTEA funding match.
MTM also paid over $50,000 for planning, design. engineering. This funding was also provided to
MTM through fund raising events and community gifts.
The complete circle streetcar line will fill the gap. It will provide overwhelming synergistic
enhancement to the half line currently being put in place. It will allow passengers much greater
freedom of movement. It will allow choices and opportunities that cannot be achieved without the
complete circle. The complete circle will allow stops at over a dozen interesting locations and
interconnections to many move. The tracks laid to complete the circle will cover a route on which
streetcars operated in Excelsior from 1906 until 1932 so it will complete the restoration of a historic
site that was not done originally due to funding constraints.
.
The full circle streetcar fits into a larger general concept being considered by the City of Excelsior
and MTM. That concept envisions MTM acquiring additional parking area and Excelsior creating a
tax increment financing district including a hotel and a community building to house a history center
and other community functions. The combination of these enhancements could make Excelsior an
exciting destination city for a large Upper Midwest area.
C. DEGREE TO WHICH THE PROJECT ADDRESSES ISSUES AND NEEDS IN THE THREE
GROUPINGS FOR THE REGIONS PROCESS
300 POINTS
1,0-100 POINTS, HISTORIC GROUPING
Page 8
..J ..
Twin City Rapid Transit Company 1907 Streetcar #1239 will be restored to again operate on former
right of ways in Historic Excelsior. The authentically preserved inter-urban electric streetcar that may
well have served on the streets of Excelsior in the early 1900's will build the charm of the period
buildings which line Water Street, the main street of Excelsior. It will stop at the proposed Lake
Minnetonka History Center if that plan comes to fruition. A stop will also be made at the Excelsior
Lake Minnetonka Historical Society building which is an original depot. The synergism between the
City of Excelsior and these history centered offerings should provide a complete and wonderful
adventure into the past!
2,0-100 POINTS, SCENIC AND ENVIRONMENTAL GROUPING
Passengers will see and enjoy the beauty of Lake Minnetonka! The Excelsior Streetcar will follow
the shore of beautiful. Lake Minnetonka's Excelsior Bay for over one quarter mile as it travels
Excelsior boulevard and Lake Street to its stop at the Port of Excelsior and Excelsior Commons.
Along the way they will enjoy the many gardens maintained by the Excelsior Men's Garden Club, the
historically restored store fronts along Water Street, the old and beautiful Lyman Park Gardens.
Environmentally, streetcars are clean, non-polluting public transportation. They are electrically .
powered and do not create exhaust gases or smells. They are quiet with the exception of their
quaint bells.
3,0-100 POINT, PEDESTRIAN AND BICYCLE FACILITIES
The original component half of the Excelsior Streetcar Line shares the Hennepin County Regional
Railroad right of way through Excelsior with the pedestrian and bicycle path. the two Run Parallel for
the half mile from Water Street to Excelsior Boulevard MnDOT is building a new pedestrian and
bicycle bridge just one block from the proposed full circle streetcar line. Hundreds of pedestrians
and bicyclists use the trial each summer. The new full circle Excelsior Streetcar Line is sure to draw
many, many more for the opportunity for an intermodal bicycle, hiking, streetcar and streetcar
steamboat riding day! Tired pedestrians may choose to finish their tour by streetcar. bicyclists
should be encouraged to make Excelsior a destination with the many opportunities for fun and
learning.
D.
PROJECTS WHICH DEMONSTRATE MORE THAN LOCAL BENEFIT
.
1.0-150 POINTS
The streetcar steamboat Minnehaha has been operating from Excelsior.to Wayzata on Lal<e
Minnetonka since May of 1996. Since that time over 18,000 people have enjoyed learning of our
history through a thrilling steamboat ride on beautiful Lake Minnetonka. These passengers have
come from almost every state in the United States, and many from Europe and Asia and other areas
of the world. The streetcar/steamboat combination is going to be even more rare and unique - one
of only a very few in the world! You can be sure that it will draw from a very wide population!
Current thinking is that perhaps 85% of our passengers will come from the seven county Twin City
area, 10$ from out state Minnesota, 4% from other states and 1 % from out of the country. We
anticipate that many people will only ride the streetcar because they may be only interested in
transportation around Excelsior or may not have time to take the steamboat trip.
Page 9
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.
.'
CITY OF SHOREWOOD RESOLUTION NO. 97-_
A RESOLUTION AUTHORIZING THE CONVEYANCE OF
CERTAIN INTERESTS IN REAL PROPERTY
(SOUTHSHORE SENIOR/COMMUNITY CENTER)
WHEREAS, on March 4, 1996 the City of Shorewood together with the cities of
Deephaven, Excelsior, Greenwood and Tonka Bay entered into a cooperative agreement for the
development, construction and operation of a senior/community center to be located in
Shorewood; and
WHEREAS, the agreement between the cities contemplates that certain interests in land
necessary for the operation of the center would be conveyed from Shorewood to all of the cities
in common; and
WHEREAS, the City of Shorewood is desirous of transferring to all of the cities such
interest. And has reviewed the proposed instruments designed to accomplish such purpose and
is familiar with their content and meaning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood,
Minnesota
1. That the conveyance of certain interests in land as described in the cooperative
agreement is hereby approved.
2. That the Mayor and City Administrator are hereby authorized to execute and
deliver:
i)
a quit claim deed in substantially the form of the attached
Exhibit A; the easement agreement in substantially the form of the
attached Exhibit B
JBD126938
SH230-2
1
~8
Fonn No. 31 M - QUIT CLAIM DEED
Minnesota Uniform Conveyancing Blanks (1978)
Corporation or Partnership
to Corporation or Partnership
EXHIBIT A
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
, 19_
County Auditor
by-
Deputy
STATE DEED TAX DUE HEREON: $
Date:
, 1997
(reserved for recording data)
OR VALUABLE CONSIDERATION, the City of Shorewood, a municipal corporation under the laws of Minnesota,
rantor, hereby conveys and quitclaims to City of Deephaven, a Minnesota municipal corporation, an undivided one-fifth
interest; City of Excelsior, a Minnesota municipal corporation, an undivided one-fifth interest; City of Greenwood, a
Minnesota municipal corporation, an undivided one-fifth interest; City of Tonka Bay, a Minnesota municipal corporation,
an undivided one-fifth interest, Grantees, real property in Hennepin County, Minnesota described as foHows:
SEE EXHIBIT A ATTACHED HERETO
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
CITY OF SHOREWOOD
,'41&~d~~h;"" ,
^-~';;;',,,,-."'t",~_.!'IIo.~";''''''
e
EXHIBIT A
LEGAL DESCRIPTION
That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision 133,
according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described
as follows:
Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an
intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly
parallel with the west line of said Lot 27, a distance of 34.19 feet to the point of beginning of the land
to be described; thence South 00 degrees, 29 minutes 57 seconds East, assumed bearing, along a line
parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence
South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds
East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees
.
.
EASEMENT AG REEl\tIENT
TillS EASE~''1ENT AGREEMENT is made and entered in~o this 4 day of March. 1996,
by and among the City of Shorewoo<L a Minnesota municipal corporation ("Shorewoodn), and the City of
Deephaven, a Nlinnesota municipal corporation C"'Deephaven"), the City of Excelsior, a Minnesota
municipal corporation C'Excelsior"), the City of Greenwood, a Minnesota municipal corporation
C'Greenwood"), and the City ofTonka Bay, a Nlinnesota municipal corporation C"Tonka Bay")
(Deephaven, Excelsior, Greenwood and Tonka Bay are hereinafter collectively referred to as "Cities").
RECITALS:
FIRST: Shorewood is the fee owner of that certain parcel of property located in the City of
Shorewood, County of Hennepin, State of Minnesota., and legally described on Exhibit A attached hereto
C'Property").
SECOND: Shore wood and Cities desire to develop on the Property a Senior/Community Center
C'Center"). The Center shall be used by senior citizens for educational and recreational activities,
including, but not limited to, arts, crafts, music and other various programs of enrichment. In
addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and
private events and other community-based activities such as those commonly provided at community
centers throughout the area.
THIRD: Shorewood desires to grant to Cities an easement for parking on a portion of the
Property for forty-seven (47) parking stalls as cross-hatched on Exhibit B attached hereto ("Stalls") and
an easement for ingress and egress to the Stalls over that portion of Property (Stalls and Access
Property are hereinafter collectively referred to as "Easement Property").
NOW, THEREFORE. for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged. the parties agree as follows:
1 . Grant of Easement for Parking and for Ingress and Egress. Shorewood hereby grants to
Cities a non-exclusive easement for parking on the Stalls and a non-exclusive easement for ingress and
egress to the Stalls over the Easement Property for the use of pedestrian and vehicular traffic and parking
of the parties, their successors and assigns, their customers, guests, licensees and invitees.
2. Maintenance and Repair. The cost of maintenance and repair of the Stalls shall be the sole
responsibility of the tenant of the Center ("Tenant") as provided in the attached Lease.
3. Insurance. Tenant agrees to maintain insurance on the Easement Property as provided in
the attached Lease.
4. Obstruction. Shorewood and Cities agree that no obstructions or improvements which
would prevent, restrict, impede or otherwise inhibit the passage of pedestrians or vehicles or the parking
of vehicles over, across, along and through the Easement Property shall be erected or placed by
Shorewood or Cities, their customers, guests, licensees or invitees on the Easement Property nor shall any
conduct, passive or affirmative, including, but not limited to, the overnight parking or storage of vehicles,
be permitted in or upon the Easement Property which would in any manner restrict the use of the Easement
Property for parking and for ingress and egress.
1.
5. Enforcement. In the event of any violation or attempted or threatened violation of the terms
hereof or any interference or attempted or threatened interference with the easement rights herein granted,
this Easement Agreement may be enforced by any party to this Easement Agreement or by any successor
or assign of any party hereto, by restraining order or injunction, temporary or permanent, prohibiting such
violation or interference and demanding compliance with the provisions hereof, which restraining order or
injunction shall be obtainable upon the proof of the existence of such violation or attempted or threatened
violation or interference and without the necessity of proof of the inadequacy of legal remedies or
irreparable harm.
6. Duration. Binding Effect. The term of this Easement Agreement shall terminate on the
earlier of (i) the twenty-fIfth (25th) anniversary of the date of the Easement Agreement; or (ii) the mutual
agreement of Shorewood and Cities; or (iii) the termination of the Cooperative Agreement for Southshore
Senior/Community Center by and among Shorewood and Cities C'Cooperative Agreement") which
Cooperative Agreement is on file with each of the respective Cities. The term may be extended for up to
four (4) successive periods of five (5) years each commencing upon the expiration of the term or extended
term, as the case may be. This Easement Agreement shall be binding upon Shorewood's respective .
successors in title.
7. Governing Law. This Easement Agreement shall be construed and governed by the laws
of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the day
and year first above written.
CITY OF SHOREWOOD
.r-i --' 0, .") 0 o~' . o.
By: ,-:.. j 1...",-,( ..,:-;,- r ~~''" \. '--
Its: Mayor
By: {1",,\Q.yJ (cth,,,,LYVI
Its:!City (Clerk) Adririnistrator
,I
!)
CITY OF DEEPHA VEN
.
By: ~>l'
Its: i'layor
J i)
l . ---.: /"
By: '...:i}" .7 " [' -'. ~...:; l'
Its: City ClerklTreasurer
..
r.~~f.,' : ;'
I ./\
,/ ./
2.
~
.
.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
CITY OF EXCELSIOR
By: Ju_ ~
Its:/Mayor
,
.-' ~
CITY OF GREENWOOD
By: ~~~~/
Its: Mayor '
By: I r. ,n
Its: City (Clerk) Acfurinistrator
CITY OF TONKA BAY
~~
BY:~
ItS: City (Oerk) Administrator
~e foregoin\f:trument ~ ackno"iied~ before me this ~ day ofi;I\{/'~''''-'' , 19 "i!.l by
"'Q..,9Q:\ ~. ' ~~ 7 and-1 A-M~<:,. f!.."IY'.., the Mayor and City (Clerk) Administrator,
respectively, of the City of Shorewood, a Minnesota corporation, on behalf of the corporation.
~_,C;) ~ -~.
Notary Public
3.
(s
STATE OF NfINNESOTA )
) 5S
COUNTY OF HENNEPIN )
The foregoing instrument w~ acknowledged before me this -</-1/1 day of l(r1rf A , 192ic.., by
c.:J./rr( Yl (c'i r)..c II nJr- . and ",\A nf'lllti '-.0 tw-J<c.(. I . the Mayor and City Oerk Treasurer, respectively,
of the City of Deephaven, a Minnesota cOrpQratidI1, on behalf of the corporation.
STATE OF NfINNESOTA )
) 55
COUNTY OF HENNEPIN )
BARBARA J. SIKORSKI
HOTARY PU8U' . MIHN:;soTA
MY COMMISSION EXPIRES
JANWAiY 31,20'1.)
.
The foreg~ instrument w~ ackn~ledged before me this z.~~ day of~e.0A{2.f, lrt'~ by
:1"410 t:. ,,')rO<;r-w, and ~ L\"f....w,~ , the Mayor and City Manager, respectively, of the
City of Excelsior, a Minnesota corporation. on behalf of the corporation.
STATE OF NfINNESOTA )
) ss
COUNTY OF HENNEPIN )
.
The reg~f} ittrument w acknowledaed before me this 4A day of ~ 9 'jt 7 by
AlA-vn, A ~, 7 and (5- c!, the Mayor and City (Clerk) ministrator,
respectively, of the City of Greenwood, a 1tlinne ota corporation, on behalf of the corporation.
_ ~rJ~~
No Public ./
4.
STATE OF .MINNESOTA' )
) 5S
COUN1Y OF HENNEPIN )
The for~ing _instrome~knO~dged bef~re me this ?:b~ day. o~~ i'<\Lf , 19 '1 \" by
L. ~ . ~ <= , and ,0<::" \J 'S~ . the Mayor and CIty (Clerk) AdminIstrator,
respectively, of the City of Tonka Bay, a Minnesota corporation, on behalf of the corporation.
0_-. RICHARDA.VOUNG ~g ~
.. .~ NOTARY PUBLIC MINNESOTA .
II MV COMMISSlON EXPIRES . ""' i" ,. \U,~
...;~....~ JANUARY 31. 2000 No Public
rS INSTRUMENT WAS DRAFTED BY
LARKIN, HOFRvIAJ.,{, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, iV1N 55431
(612) 835-3800
022696.4
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Drmoinq Title
E.."ffiIBIT
/c.:;mm. No.
5572.00
I .;-"..., <'0 I
I-'~-' .. .
Date:
JRE'/ .
:J'Y'?2/~5
I 0':/:, /95
SHOREWOOD . MI~t.SOTA
\~~:.'~1~5.'l""'::..!J..:...;.c1lf
.
CKNO
21161
21162
21163
21164
21165
21166
21167
21168
21169
21170
21171
21172
21173
21174
21175
21176
21177
21178
21179
21180
21181
21182
21183
21184
21185
21186
21187
21188
21189
21190
21191
21192
21193
21194
21196
21197
21198
21199
21200
21201
21202
.
CHECK APPROVAL LISTING FOR JULY 28, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE JULY 8, 1997
TO WHOM ISSUED PURF03E
D'VINCI'S PIZZA-PLANNING COM MTG
BR JULY RECYCLING
rvo LONG DISTANCE
NSP UTILlTIESlPMT OF GEH UTILITIES
PEPSI COLA CO MISC PURCHASES
REGIS INVENTORY SPECIALISTS INVENTORY SERVICES
US WEST COMMUNICATIONS
MR & MRS JAY VENERO ESCROW REFUND
AIR REFRIGERATION REPAIRS AND MAINTENANCE
BELLBOY CORPORATION L1QUORtMISC PURCHASES
BELLBOY BAR SUPPLY MISClSUPPL Y PURCHASES
MIDWEST COCA COLA BOITLlNC MISC PURCHASES
DAHLHEIMER DISTRIBUTING BEER PURCHASES
DAY DISTRIBUTING BEERtMISC PURCHASES
EAST SIDE BEVERAGE COMPANY BEERtMISC PURCHASES
GRIGGS, COOPER & CO L1QUOR/WINEJMISC PURCHASES
JOHNSON BROS LIQUOR CO L1QUORtWINE PURCHASES
LAKE REGION VENDING MISC PURCHASES
LEEF BROS MATS
MARK VII BEERtMISC PURCHASES
MARLIN'S TRUCKING FREIGHT
NORTH STAR ICE ICE PURCHASES
PHILLIPS WINE & SPIRITS L1QUORtWINE PURCHASES
QUALITY WINE & SPIRITS CO L1QUOR/WINEJMISC PURCHASES
THORPE DISTRIBUTING CO BEERtMISC CO
THE WINE COMPANY WINE PURCHASES
PERA. PERA CONTRIBUTIONS- A. COLE
PERA. EMPLOYEE/CITY SHARE
CITY/COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
MN DEPT OF REVENUE STATE TAX WITHHELD
AT & T WIRELESS COMMUNICATION
HEBERT, KATHLEEN SEC 125 REIMB
ICMA DEF COMP
NAAB, THERESA SEC 125ITUITION/MILEAGE REIMB
NIELSEN, BRADLEY SEC 125 REIMB
NSP UTILITIES
PAZANDAK, JOSEPH MILEAGElPHOTO SUPPLIES
PEPSI COLA CO POP PURCHASES
BELLBOY CORPORATION L1QUORtMISC PURCHASES
BELLBOY BAR SUPPLY MISClSUPPL Y PURCHASES
AMOUNT
$22.00
33.66
24.53
4,027.86
171.20
144.48
215.77
150.00
532.00
2,845.67
175.02
373.00
479.60
6,780.65
15,956.25
4,331.63
3,360.46
574.72
26.20
7,171.51
112.00
662.52
1,146.88
3,716.75
11,582.95
322.09
703.00
2,523.32
929.00
156.50
1,404.42
155.58
120.00
847.37
401 .18
100.00
3,177.77
91.65
161.35
2,664.21
$360.06
Page 1
.
.
CKNO
21203
21204
21205
21206
21207
21208
21209
21210
21211
21212
21213
21214
21215
21216
21217
21218
CHECK APPROVAL LISTING FOR JULY 28, 1997 COUNCIL MEETING
CHECKS ISSUED SINCE JULY 8, 1997
TO WHOM ISSUED PURFU3E
MIDWEST COCA COLA CO POP PURCHASES
DAHLHEIMER DISTRIBUTING BEER PURCHASES
DAY DISTRIBUTING BEER PURCHASES
GTE DIRECTORIES ADVERTISING
GRIGGS, COOPER & CO L1QUOR/WINEJMISC PURCHASES
GRIGGS, COOPER & CO TOBACCC CIGARS
HONEYWELL PROTECTION SVC QTL Y SECURITY PMT
JOHNSON BROS LIQUOR CO L1QUOR/WINE PURCHASES
LAKE REGION VENDING MISC PURCHASES
LAKESHORE WEEKLY NEWS ADVERTISING
MARLIN'S TRUCKING FRBGHT
NORTH STAR ICE ICE PURCHASES
PAUSTIS WINE CO WINElBEER PURCHASES
PHILLIPS WINE & SPIRITS L1QUOR/WINE PURCHASES
QUALITY WINE & SPIRITS CO L1QUOR/WINE PURCHASES
THORPE DISTRIBUTING BEERtMISC PURCHASES
TOTAL CHECKS ISSUED
Page 2
AMOUNT
1,013.90
1,044.84
371.30
78.00
7,208.41
400.77
103.25
1,405.62
951.88
980.00
264.80
117.00
847. 1 5
4,889.95
540.37
9,490.10
l;,il~ o;~ S~";OREWOOl:)
C~'~ECK AP;:lR()VAL. L_I3T i::~()R
': 1)97 COU(!C I L ('1 i i:!
C}"IE(:KW VENDOR NAi1E i)ESCRlj~TION DE=~)'1'.. Ai~OlJN1'
.
23.21.9 AN(~J-IOR ~)APER COMPANY OFF:rCE SUPPL:IES GE~N G()Vl" '~55~96
2122() 8RYAN RC)CK PRODUCT3~ INC~ ACi LIME FOR 6ALl_.F:IE~LDS
2.1221 C~~.~ CARPENTER LUMBER
BOARDS FOR 8ALLFIELDS
2.1.2j2 CARl..SON EXCAVATING
I)OZEF REN"TAL..-j:lARKS
21223 CODE ELECTRIC
LIGHT BULBS-CITY HALL
21224 CHAPIN CONSTRUCTION SULET ADVERTISMENTS FOR BIDS
FJ p~ F: }<. :::) 8<.
E,(1. (~~. ,. 9 <~l
F) (:~ F~ }<. :3 2<
E~ ~;~ ,. (;. (~l
7t1() " I:.J()
hUi....j BL.DG
.O()
STF<I::ET~3
2..1.0" O()
ADVERTIShENTS FOR BIDS -------- 229.60
*** TOTAL FOR CHAPIN CONSTRUCTION 439.60
2122E. DCPT O~: L(~E30F< 8, Ii'.I.DU3TF~:'y' :"111,' T()i"J,f{ Ii".1.3PECTIOi'"J,
2.1226 ERICKSON, ROLf: EwA~
AU(~U3T ASSE3S()R f:EE~S
AUGUS"T ASSESSOR SlJF:ll::lLIES PROF~ SEP
3 ~i r)1.1" ;~3<~l
~*;k iLJIAL FOR ERICKSON~R()t_F E,.AM
21227 EXCELSIOR-CITY OF
I/JI':iTEF< DE
40..0()
r) Fs~ () F ~:) E: r~;
~s ~ ~:) .~::l ~S ,. ~~:i ;:)
.5~J ,. .5.1
3RD WTR F:~IRE rlROTEC'TION F:IRE rJRO 3.5,962.50
2N() Q"l'R WA'TER r)l.jRC}'~A3(~ WA'1"ER {)[ 2~.S86.,3~~
*** TOTAL FOR CXCElSIOR-CITY OF
~:.:; ;::; ;s .5.4 E~ ,. ;~3 <:{.
21228 FEED-RITE CONTROLS, INC. CHEMICALS/CONATINER RI::NT WATCR DE
2122') F=l_ANAGAN SALES~ IN(:'
PICNIC 3}~EL'l'ER~"'FREEMA~~
:z' J ,~::l 7 (),~ (\~5
~L (~, :, () \~~, () ,~ 'S) (,
2.1230 ;::UEL.. l.J.lL SERVICE ClJ..,
SPRAY/GRI::A3E FOR EQUIP CITY GAR
" /1,,)
21231 GOVT FINANCE OFCRS AS30C GFOA ANNUAL hEhBER3HIP
.2J232: H()hL I i'.i.E Uj".iI \/EF~:~3 I T'{
HUF~i"i TUITIO(I.
21233 hN POLLUTION CONTROL AG
ST:"~ TE 3UeCH()F~c;i:::
~2.1~?:r~
L I C~ }.-J T I i"',~ C~ ,,/ c: l;~{ ,3 L~ E:
OIL FTL.TCr~:s
HCJPf{It..I.::-:) p;:~r.<TS
COt'''iP;:~(jY'
A( :* .:i< T () T !:~1 L~ ;...
}..j Ci f)}{ T ""{ ~::; 1::1 ({ h~ 'r :::3
COf'''iF)(j(i.
21235 HOSECOhATIC
HY'[) F' I"lT T i...jC3
21236 KAR PRODUCTS
:':;I'~;(J;:) :~~;l.Jr;F)!_ I E: ~3
21237 LAND EQUIPMENT. INC.
",/ (J f? },( f'~: [::i ~\ k::
2.j.231:~ l_.Ir::c AND SAf:C'-~Y
F.IRS"f" A.II) SUPI:)l..-IE~~S
2.1239 l_ONG L.AKE ~;OWER EQUIPMEN1" EQljI~) RENTAL
;.-.'~' c {) l:~i T F~: :3 ij r:: (:; L I ;::: :,~~:
*~~ "lOU"l"AL. f:O~~ LONC~ LAKE~~J()WER f~Qlj:r
. ,.' /~. i j
() }: ~:~; -r F: I ~:::; lJT I (.j C~
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Page 3
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CITY
C1 TV'
'2 .~':) '" ~:~.5
G(jF<:
G (j F~:
;::~ 4 .. 2.1
5;:3 ,~ 2:, (,
C I T'y' C()H
(;. \~:;. ~ (;> ()
(::1 TY' C(:)h~
-17<:) '. ,)(:;;
100, (II)
C I TV C(iF<'
17..41
CIT'y' C()H
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CITY OF 3HOREWOOD
C}'~[CK Al~~)ROVAL LIST ~:OR
JULY 28, 1997 COUNCIL MTG
C: }<. n \;' E:~ j'....j f) IJ F~: i'~.~ l:'~i i"'~l E~
[)E::F:)T ,~
DE~:,Cr-~ I PI I Oii
2.124.1 MAJ'iONEY~ JAMES
ROADSIDE WEED SPRAY
~:) n i"~ T T ,,/1/,) (i
21242 ME-l-RC) SALES, .INe,.
INK FOR DUPLICATOR
GEi'..j GO\,'T
21243 MN CITYjCTY MGhT ASSN
Hi..j(~U:~lL. Dl..JE3
{\eWiIi'.i
(:\ i'i (J U i"I, T
:2 ~ 7 c::~,~? M 2;;~:s
3~S .. ().l
62,,00
:21244 ('iETh'O COUi..i.CIL E(I,V I F<:Oi...jjviCi'..iT . ::~UGUST :3Ei;4EF~: SERv'ICE
SCWER DE 43,088.00
21245 METRO COUNCIL CNVIRONMENT JUNE SAC CHARGES
~:) c V.) [ F~: {) E~
21246 hID AhCRICA POWER DRIVES CABLE
C I T'y' G()F~:
21247 OFFICC DCPOT
GEi",1, GOVT
()FF I (~E ;31.ifJt:JL.-I ~=~'3
.21248 i"ii...j DEPT OF Tr?i::)i'.,J.SPOR:Tr:)TION HI/,!\( 7/><i"j()S L_}< r~)D Ii'..J.Tr:;:SE::C ............_.h..h.._.h.
21249 hN SUN PUBLICATIONS
LEGAL PUBLICATIONS
GEi...j GOVT
21250 MINNEHAHA CREEK WATERSHCD RULE J PERMIT-SDY ISL BR --------
21251 WM" MUCLLER & SONS. INC" BLACKTOP
:3.r F~: E E~ T ~:)
4. 70:2 ,,~::,O
4.::'.44
(~l,7 ,. :23
./ ;J ~1(1..5 ,~ i:~3
960.00
~~~() ~ !';l
::5 ;:>.l;~:sc~,. ~l(.l
21252 hUNITECH, INC. AUGUST WATER SCRVICC
AUGUST SEWER SERVICE
*** TOTAL FOR MUNITECH. INC"
WATCR DE 4,485,,00
SEWE~R ()E 2,4,15..()O
6.900. O()
21253 NA"l"IClNAL CAME~RA E~XC}'iAN(;~~. v:rOEO (;AMERA
PL. {\ i'..J i..j I ri.G
21254 NAVARRE TRUE VALUC
j::) () F~~ ~<. ~3 s<
l:) l~>~ I ("'"~ T
:::JIF;E
1/,) {~ T:::: h' U C
.
*** TOTAL FOR NAVARRE TRUE VALUC
21255 NODLAND CONSTRUCTION
DRAINA(~EREPAIR-~AMES8URY
21256 hUTT hITTS
hUTT MITTSjDISPENSER-PKS
j:J l~~ F~ }<. ~:; R
21257 NORWEST INVI::ST SCRVICC
SR CTR LEASEjPURCH PMT
C()P I T (~\L
21.258 ~)EPS.[ COLA COMPANY
!'/j U i,,; 13 L.. [) C
F) Ct FJ F)LJF~~C:}-I~::~SE
L~259 POhhER COhPANY. INC.
GE(i I\O\,<'T
NAME PL_A.l"E-PAMELA
21260 POTTS. KENNCTH N.
F) F~~ () F ~:) E: F~~
JUNC PROSECUTIONS
~,.l._i0j. R(jLl..:INS ().fl.. C~(:),.
C: I T\( C~(~F~~
(;PEA3E TU8ES/BAR OIL
OIL FIL.TEF;:::::
CI T'y C('jF'
*#;~ .'r'C).l"AL.. F:OR ROLLINS O.[L (~()~
:~2 ..L :~( () :~::: ~::; f--I () r~: E= IIJ () (J [) T F( E~I~ ~~~ E:: F~ \l I C: C:
T F: C::. E= ">,/ 13 t",~~ lJ~3 t..~ r-~~ E~ f'~i Cl \/ (~~ L,
T r? E:: E:~ r/i(i J
2.J.263 3}'~GRf~W(:)(jt:) J"Rl.JC VAl..lJC:
". .... _.. __.,. .."." _.N..'..' '" .0.
r"j f:,t J L ('., ~) ,><. j""..; () r"l i:) i::: i"<;~ :.:'"
C:.i .T"/ \:::i"~i"<
C~ G! lJ I 1::J !'/i C i"",,! T
I.'. 'y' Ci ;'~~i r'~(:~
Page 4
? (l (~ < l~~,\ '9
':2 (~l- ,. <1. r~
1:5,. J.:':I
::57,.61
<.1 . 2.::;() ,. 00
115.4("
1~3. 77J ,. 97
g4,.40
1;),. ();S
1 ;i .5 () ~:~ ,,' ::5 ~~;
'C[.,'._', ".":.',
/ ::/ ,.~~. ,.i..
~~S"7 ,~ .7 J.
11 f~:.' ,. ,) :~~?
L ;i );~.::;J.;.; ,'.:';:::)
~~-. " / <:.,
.",-.."
. <~~, (::-
CITY OF SHORE WOOD
(:~i"!~~(~;< Ai::~r:;ROVAl.. LIs"r (:=OR
JULY 28. 1997 COUNCIL MTG
C;,,:CC:<'j'l \/Ci'1DI)F,' i'-il~I!C :::)C:RIPTIC)(j i)CPT" (\i"i0 Ui..rr
:::~: t:~~ c: T j--:~: f'/j () I L.;:3 C) ><
*** TOTAL FOR SHORE WOOD TRUE VALUE
(i1...1 1'.J BLDG
:):2 :~ E~.l
40,.02
2.1.264 ~l_J L.K M"1"KA ()lJ8 SAF~;~'l-Y f)l~[) MAY ~~~()OK:rN(~~ FEE
P()LICC P
.:::1.5 ,. ~2'))
AUGUST BUDGET POLICE P 37,471,,18
*** TOTAL FOR SO LK MTKA PUB SAFET 37.526,,47
21265 TIME SAVER OFF SITE ~LL COUNCIL MTG MINUTES G[i~ GOVT 353,,00
PLANNING MTG MINUTES PLANNING 57,,00
*** TOTAL FOR TIME SAVER OFF SITE 410.00
21266 TONKA AUTO AND BODY SUPP GRINDING WHEELS
CITY G~4Fi:
18,,13
:{(::{(* TC)-T(1L
WTR PURCH-TONKA BAY
SEWER SERVICE-TONKA BAY
TB LIQUOR WTR/SWR BILL
FOR TaNKA BAY-CITY OF
WA"TER DE 263~79
SEWER DE 231,,00
LIQUOR 103.40
212(.7
TONKA BAY-CITY OF
.
.5 I) ~:) to .1 ~:)
21268 TRAP-LINE SEWER CLEANING CAMERA/TELEVISE SWR LINE SEWER DE
200.00
21269 UNITOG RENTAL SERVICES
tJ (J, I F () F~: ('j ~::;
C I T"l Gr::\r'i'
:) ~~) ~:I ,. 7 (:l
21270 WSB AND ASSOCIATES
MARSH PT/WAtTEN POND INS --------
2 ~ ~;)()3,~ -7 _~l
2.1.273. v:rl._L.A(~[~ f::l_()WER SI.iOPPE
FUi'-iEFi'()L i:::i...OI/.iCFi~:3
COUi'--JCI L
/9..17
21272 UNITED HORTICULTURAL SOC ROUND UP WEED KILLER
P {i F~~ }<. ~3 8<
1'71,,8':::,
***TOTAL CHECKS FOR APPROVAL
::? ().5 ;.~ "/.S '} ,~ ;~:~; :;.~
.
***TOTAL CHECK APPROVAL LIST
314,199.97
Page 5
CHECK
TYF:'E
COt"'i
CUt"1
.
CO['1
COI'l
COl'l
CDi"i
COh
COI"1
CCH1
COt'1
COt"1
CO['1
COt"j
COH
COt"1
Cm1
COt'1
COt'1
COI'1
COt"1
cot'l
COt"l
COi"1
COl"i
COt"1
COi"'i
COi'''j
COI'1
COI'1
cm1
COI"1
COM
Cm1
COI'1
COI'1
COM
COr'1
COM
COrl
COl1
C0i'1
C011
Cmi
C0l1
.
CHECK
DfHE
7 22 97
7 22 97
1 22 97
7 22 97
7 22 97
7 22 97
1 22 97
'7 ~~::.!~ S';J"7
1 22 97
'7 22 97
1 :;;':2 97
-7 . :22 9"7
'7 :22 97
7 22 9/
0/ 2~: ~;)'7
7 22 97
'7 22 97
"/ ~?~2 ~~'7
l 22 97
7 22 97
7 22 97
7 22 97
'1 2~.<~ 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
l 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
7 22 97
C H E C K
r'~EGISTER
Et'lPLOYEE H(:)ME
HUtlE:E i'-~
80 WENDY S~ ANDERSON
.1.10 CONNIE D. BASTYR
.1.15 LAWRENCE A. BROWN
1'::;.0 HUYTHEF< (~. BLECHT'{j
325 ANGELA M. COLE
350 THOMAS A. DAHLBERG
500 CHARLES S. DAVIS
775 JAMES C. EAKINS
1.1.00 JOHN J. GARFUNKEL
1190 KATHLEEN HEBERT
14()0 PATPICI(~'1 i'\. HELGESEt'"j
1550 JAMES C. HURM
.1.60.1. BPIAN D. JAKEL
1700 JEFFREY A. JENSEN
.1.800 DENNIS D. JWiNSON
1950 MARTIN L. JONES
2100 WILLIAM r JOSEPHSON
2200 JOSEPH S. KAGOL
2500 SUSAN M. LATTERNER
2550 PETER W. LENZEN
2760 SAPA l. LOTTIE
2800 JOSEPH P. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R. MARRON
2930 JENNIFER T. MCCARTY
2950 ANTHONY J MORFORD
3000 THERESA L. NAAS
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3430 GERALD A. O"NEILL
3435 ANDREW C. OTTEN
3500 JOSEPH l. PAZANDAK
3580 CHRISTOPHER J. POUNDER
3600 DANIEL J. RANDALL
3650 JASON J. RICE
370.1., BRIAN M. ROERICK
3750 SHANNON A. ROIGER
3800 ALAN J. ROLEK
38.1.5 MICHAEL J. RUFFENACH
3900 CHRISTOPHER E. SCHMID
4500 KRISTI STOVER
4577 PAMELA T. HELLING
4605 JUSTIN C WAKEFIELD
4750 RALPH A. WEHLE
CHECI<
HUi1BEJ~
2~2r)L::2
212()23
212024
:2-12();Z .:;.
CHF:Cl<,
f~I"iO' it',lT
.~:"t ~.:;J (? " ~5 '~J
274.06
14~~.2. r.l8
'L /...~... .'~ ,-
_,~ d .. 1,).1
212026 4::'4.24
212027 2,:"0. EO
212n28 761.. I.j()
21:."9 117. ,::,,()
2~2030 184.70
2J2031 66.1..73
2J.2032 616~40
212033 .1.748.30
___,ZJ2~E~~_,u 85,.11
-' 212066 953.42
****TOTr:-')LS****
Page 6
:Z.l2 ():!..C1
212037
;:J~;20:::,8
~:.120Z,()
2.1.2040
212041
2.L2042
212043
2.1.2044
2,1204S.
212046
212047
212048
212049
2.1.20.50
2.1.2051
212052
212053
2.12054
2120,:;.::,
2.1.20.56
212057
2120,~)8
212059
212060
21206,1
2.12062
2.1.206;:;
2J.2064
2.1.2065
84~3 .. 40
8..06
6.~S~2 ,. ~;)t.:l
1 ~2 () .. )' ~:~;
t.\ i.l~: ,. (;. ~:~
~;r:2 .. ~~,:3
418.. ~:;l
81.5.06
3~Z~l,. ~::l~?
17..2:2
182.. 5,1
~5'7 5... ~3.S
601 .~::.8
1124.40
f:~ '7:2 ,. ~:5 '::'1
184.70
10~5.. 49
.1.08.5.6.5
792.. 0:2:
907.76
2J.6.. 40
49.67
10,1.. 24
1142. O~.
197 . 6:~.
448.44
J.84.70
::'45.12
~515 .. ,~S7
f:..,(,':;J.. .S(,
L~ ~2 ~:~ ':.".) 4. " ~:~ '-I