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092694 CC Reg AgP CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, SEPTEMBER 26, 1994 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance Benson Mayor Brancel Stover Daugherty Lewis B. Roll Call C. Review Agenda D. Introduction of New Hennepin County Library Director 2 . APPROVAL OF MINUTES City Council Regular Minutes - September 12, 1994 (Att.-#2 Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda &: Adopt Resolutions Therein: A. A Motion to Approve the Contract for Services with Abdo, Abdo & Eick to Audit Financial Statements for the Year Ended December 31, 1994 (Att.-#3A Proposed Contract) B. A Motion to Adopt a Resolution Appr9ving the Transfer of Funds (Att.-#3B Proposed Resolution) C. A Motion Establishing Fall Yardwaste Day D. A Motion to Accept Low Quote for Local Drainage Maintenance Project (Att.-#3D Engineer's Report) E. A Motion to Adopt a Resolution Authorizing Submittal of the 5 Year Hennepin County Grant Application for Source Separated Recyclables (Att.-#3E Proposed Resolution) 4. PUBLIC BEARING 7:15 - A Motion to Adopt a Resolution Authorizing the Reallocation of CDBG Funds (Att.-#4. Proposed Resolution) COUNCIL AGENDA - SEPTEMBER 26, 1994 Page 2 of 3 s. PARKS A. A Motion to Accept the Low Quote for Silverwood Park Landscaping Project from Wilson Nursery . B. A Motion to Award the Contract to .Low Quote for Park Trails and Playground Surfacing Project (CDBG Handicap Accessibility Project PK94-9) - (Att.-#5B Presented at Meeting) 6 . PLANNING Report by Representative A. Consideration of an Interim Ordinance Regarding Development Moratorium (Att.-#6A Proposed Ordinance) B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet (Att.-#6B1 Planner's Memorandum; #6B2 Proposed Resolution) Applicant: Joseph Kiser Location: 21115 Christmas Lane C. A Motion to Adopt a Resolution Regarding Concept Stage Plans for Heritage PUD (Att.-#6C Proposed Resolution) Applicant: Abingdon Development Location: South of Edgewood Rd approx. 700' East of Howards Point Road .~ D. A Motio~ to Approve a Signage Permit (Att.-#6D Planner's Memorandum) Applicant: Holiday Convenience Store Location: Waterford Shopping Center E. consid~)f a Street Lights Request - BrYnrnawr Place (Att~~~lanner's Memorandum; #6E2 Request Letter) ~ 7 . A MOTION TO APPROVE THE AWARD OF A REVISED RECYCLING CONTRACT 8 . SENIOR CITIZEN TASK FORCE REPORT A. Report on Meeting held 9/20/94 B. Consideration of a Draft Letter to Cities (Att.-~8B Draft Letter) 9 . CONSIDERATION OF A MOTION TO SET MEETING DATES FOR NOVEMBER AND DECEMBER COUNCIL AGENDA - SEPTEMBER 26, 1994 Page 3 of 3 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING A NON-INTOXICATING MALT LIQUOR LICENSE - TWIN CITIES STORES, INC., 24365 SMITHTOWN ROAD (Att.-#: 10 Proposed Resolution) 11. MATTERS FROM THE FLOOR 12. DISCUSSION OF POLICY ISSUES A. Discussion on Geese Problem B. i995 Budget Issues 13. ADMINISTRATOR &: STAFF REPORTS 14. MAYOR &: CITY COUNCIL REPORTS 15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (At t . - #: 15 ) * * INDICATES TAX INCREASE OR FEE IMPLICATIONS .. " 1'-. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.S;t-? · (612) 474.3236 EXECUTIVE SUMMARY ! SBOREWOOD CITY COUNCIL MEETING '. ~ V MONDAY, SEPTEMBER 26, :1.994 fi AGENDA ITEM #lD: Charles Brown, new Hennepin County Library Director, will be at the meeting to meet you and explain possible cooperative ventures and community service. AGENDA ITEM #3A: This letter of agreement with Abdo, Abdo and Eick is an/increase in cost of auditing services ,of approximately 2.8% from the previous year. \ \ AGENDA ITEM #3B: This resolution corrects the improper transfer and . / closes completed proJects. AGENDA ITEM #3C: By passing this motion, the Council will approve establishing the Fall Yardwaste Collection Day as Saturday, October 29. The program will be the same" as previous yearsandR & W Roll-off Service will provide the container at the same price as' laSt year. . AGENDA ITEM #3D: This motion accepts the. low quote of Minger Construction Company of $14,327.50' for a Local Draina. ge Maintenance Project on Near Mountain Boulevard. Funds have' been" set aside in the Local Stormwater Manageme9t Fund. . .~ t AGENDA ITEM #3E: This resolution authorizes the submittal of a 5 year ~ ".~ grant application' with Hennepin County for Source Separated Recyclables. Previously, the grant was only a one year applicatJ..on;' AGENDA ITEM #4: This public hearing is necessary to reallocate three year old/dollars for the removal of architectural barriers which is to be done yet this. fall. If this money is not spent or.committed.this year, it would be lost. At this point in time there i'S J?o housing rehabilitation project on the list for,the remainder of this year. AGENDA ITEM #5A: Enclosed in 'the packet is a memorandum briefly explaining options available to us from,Wilson Nursery for installation of landscaping at Silverwood Park. A Residential Community on Lake Minnetonka'sSouth Shore /~ ---'< '1-:, . ~.... EXECUTIVE .SUMMARY CITY COUNCIL MEETING OF SEPTEMBER 26, 1994 Page 2 of 3 AGENDA ITEM #5B: The low quote for the trails and playground surfacing project will be presented at the meeting by Bruce Chamberlain, Park Planner. AGENDA ITEM #6A: After conducting a public hearing on the matter, the Planning Commission has recommended unanimously to adopt a development moratorium which would be in force until the Comp Plan Update is completed. A revised, condensed schedule for review of the Comp Plan is included in your packet. AGENDA ITEM #6B: Staff and the Planning Commission recommend approval of a conditional use permit for Joseph Kiser to build an attached garage at 21115 Christmas Lane. The garage addition brings the total area of accessory space to 1310 square feet. Approval is subject to the applicant removing a nonconforming game court and block wall. Approva~ by the Council requires a four-fifths vote. ~ AGENDA ITEM #6C: Assuming the Council approves the proposed development moratorium, the appropriate action on this item is to table, pending expiration of the moratorium. AGENDA ITEM #6D: Holiday Stationstores, Inc. requests approval of their signage plan for their new store in the Waterford Shopping Center. The plan is consistent with City codes and previous approvals. The Planner recommends approval. AGENDA ITEM #7: Included in the packet is a copy of the letter of agreement with E-Z Recycling as well as the communications to and from Knutson Services in regard to the changing of our recycling contractor. It would be appropriate for the Council to approve the change to E-Z Recycling. We also should take a few minutes to explain to the . television audience the problems we have been having and the action we have taken to correct the problems. AGENDA ITEM #8: At the last City Council meeting I was directed to prepare a letter to our neighboring cities' Councils from you inviting them to participate in the funding of a "cut back" senior community center. A copy of that draft letter is sent to you under separate cover. Please review it carefully before the meeting. Bob Gagne plans to be present to discuss the Task Force meeting which took place on September 20. AGENDA ITEM #9: Enclosed in the packet is a memorandum and calendar for the remainder of 1994. Please review and establish official City Council meeting and work session dates. AGENDA ITEM #10: This non-intoxicating malt liquor license if for the Fina Mart. They have not held this license in the past - it is a new request. The Police Department has completed it's check and finds no irregularities. You might ask the City Attorney to comment on this at the meeting. . . .. EXECUTIVE SUMMARY CITY COUNCIL MEETING OF SEPTEMBER 26, 1994 Page 3 of 3 AGENDA ITEM #12A: Bill Mason has asked the Police Chief if he could use a RJ1 Pistol Launcher to disperse geese. This seems clearly against the City Code. Mr. Mason would like the City Council to consider amending the ordinance to allow its usage for this purpose. This item is placed under general policy issues so the Council can discuss it and decide whether or not you would like to further consider an amendment to the ordinance. AGENDA ITEM #12B: During Council meetings we intend to address issues which were raised during the time of the original budget presentation. Two memorandums are enclosed in the packet: 1) this addresses the issue of in-house inspection versus contracting out for inspection and 2) this shows how the use of part-time and seasonal secretarial help has saved the City over $20,000 over the first 8 months in 1994 compared with the first 8 months of 1993. . . ",;>;- " ~ r(! u'.tJ c.~. \'!vfw 'j-:r HenneplDOppQgynty C/" Jame, ~1. Be'ure\, C\)unty Adm1l11'trcltllr ,J.,'.,.'..' -;'::':::-:':~- - ." i0~-j~^~:b~';'; July 28, 1994 Mayor Barb Brancel Shorewood City Hall 5755 Country Club Rd. Shorewood MN 55331-8927 Dear Mayor Brancel: As the President of the Hennepin County library Board, I am contacting all mayors of municipalities within suburban Hennepin County (outside of the City 'of Minneapolis) regarding setting up a meeting. Such a meeting would serve several purposes: 1) introduction of the new library director--Charles Brown 2) review of the library facility and services offered in your community 3) discussion of possible cooperative ventures and a look at the overall impact of library services on your community 4) overview of the new Dynix circulation system 5) preview of the library's future direction, including Internet (the "Information Superhighway") and possibly shared databases. For this meeting.. we would definitely include you, as th,e Mayor, a..'1d would encourage you to notify other city officials and staff members (e.g. City Council members, city administrator/manager, school superintendent, members of the school board) who might benefit and like to attend. Hennepin County Library Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, Minnesota 55305~1909 (612) 541~8530 Recycled Paper */D Mayor Brancel July 28, 1994 Page Two A library staff member will be calling your office to schedule the meeting, and we would appreciate your input. Would a "breakfast meeting" (7:30 a.m. or so) at the nearest library building be agreeable with you, or would you prefer our library presentation as part of a City Council meeting (or work session)? We will begin calling mayors in early August, and hope to schedule all meetings between September and December of this year. I am enclosing information regarding library services and hours, and look forward to meeting with you this fall. . Sincerely, ~\-r &\"--tll", Milt Goldstein, President Hennepin County Library Board Enclosures . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 12, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:00 p.m. A. Pledge of Allegiance B . Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson and Lewis; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen and Financial Director Rolek. . Absent: Mayor Brancel and Councilmember Stover. Review Agenda C. Lewis moved, Benson seconded to approve the agenda for September 12, 1994. Motion passed 3/0. D. Presentation by the Excelsior Chamber of Commerce The president of the Excelsior Chamber of Commerce presented a plaque of appreciation to Shorewood for its support of the 4th of July Celebration. Acting Mayor Daugherty accepted the recognition plaque on behalf of the City. . 2. APPROVAL OF MINUTES City Council Regular Meeting and Work Session Minutes - August 22, 1994 Lewis moved, Benson seconded to approve the Regular City Council Meeting and Work Session Minutes of August 22, 1994. Motion passed 3/0. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for September 12, 1994. Benson moved, Lewis seconded to remove Item 3.D. from the Consent Agenda to be placed on the regular agenda for discussion. Motion passed 3/0. Benson moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: *~ REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 2 A. Motion to Approve Recording Secretarial Service Agreement effective January 1, 1995-December 31, 1995. B. RESOLUTION NO. 94-72, "A Resolution Establishing Cities Week - September 25 through October 2, 1994." C. RESOLUTION NO. 94-73, "A Resolution Establishing Election Judges' Salaries" for the 1994 Primary and General Elections. D. Motion to Approve an Extension Regarding Notice to Remove. Stan Morgosky, (sic) 23622 Smithtown Road. Removed from Consent Aeenda- Placed on Reeular Aeenda. E. RESOLUTION NO. 94-74, "A Resolution Setting the 1995 Proposed General Fund Budget and the Preliminary 1994 Property Tax Levy Collectible in 1995." RESOLUTION NO. 94-75, "A Resolution Setting Public Hearings on the Proposed 1995 Budgets and the 1994 Property Tax Levy Collectible in 1995." November 29 and December 19, 1994. G. RESOLUTION NO. 94-76, "A Resolution Setting a Public Hearing on Proposed Assessment of Delinquent Sewer, Water and Stormwater Utility Charges, City Clean-up Charges and Property Clean-up Charges." October 10, 1994. F. . H . Motion to Authorize the Hiring of Ms. Kathleen Hebert to the position of Senior Accounting Clerk effective September 19, 1994. I. Motion to Set CDBG Reallocation Public Hearing for 7:15 p.m., September 26, 1994. J. RESOLUTION NO. 94-77, "A Resolution Making an Appointment to the Shorewood Parks Foundation Board of Directors. William Keeler, effective September 1994, to a term expiring 3/15/96. K. Motion Authorizing the Joint Bidding of Recycling Services with Mound, Spring Park, Wayzata, Excelsior and Minnetonka Beach. . L. Motion Adopting a Resolution Accepting Silverwood Improvements and Authorizing Final Payment. POSTPONED. M. RESOLUTION NO. 94-78, "A Resolution Relating to a Finding of Public Purpose for the Acquisition of Easement for Public Water Storage." Ronald R. Johnson property. Motion passed 3/0. 3.D. MOTION TO APPROVE AN EXTENSION REGARDING NOTICE TO REMOVE Applicant: Stan Morgovsky Location: 23622 Smithtown Road REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 3 Nielsen referred to the August I Notice to Remove letter which details the unlicensed and/or inoperable vehicles at 23622 Smithtown Road and allows 10 days for removal of the vehicles and an August 1 letter to Mila Morgovsky detailing the zoning violation of conducting business in a residential district at the same location and requiring removal of the vehicles immediately. He stated that a request for additional time to September 10 was granted. Some vehicles still remain on the property and Nielsen recommended an extension to September 15. Nielsen recommended that if the property is not in compliance on that date, the matter be turned over to the City Attorney for legal action. Ms. Mila Morgovsky, 23622 Smithtown Road, explained the vehicles were moved to her property from her son's former business. Her son has subsequently moved to Moscow, Russia. She has attempted to re-Iocate some of the vehicles after returning from a vacation in Moscow. Ms. Morgovsky stated she understands that conducting business. on her property is not allowed and requested additional time to dispose of the remaining vehicles. Following discussion, the Councilmembers agreed to grant additional time for removal of the vehicles'. . Benson moved, Lewis seconded to approve an extension to Wednesday, September 21, 1994, to the Notice to Remove for Mila Morgovsky, 23622 Smithtown Road. Motion passed 3/0. 4. PARKS - Report by representative Commissioner Co1opoulos presented information on the matters before the Council for consideration and action relating to Park Commission business. . 1. A Motion to Adopt an Ordinance Amending Section 902.04 Providing for Speed Restrictions in City Parks The Park Commission recomniends that the Council adopt an ordinance amendment to reduce the speed limit within Shorewood parks from 20 mph to 15 mph. Hurm noted that a report proposing action with regard to speed limits on roads adjacent to City parks will be presented to the Council at a later date. Lewis moved, Benson seconded to adopt ORDINANCE NO. 294, "An Ordinance Amending Chapter 902.04 of the Shorewood City Code Providing for Speed Restrictions in City Parks." Motion passed 3/0. 2. A Motion to Approve Plans and Authorize Advertisement for Bid for CDBG Handicap Accessibility Projects in Parks The Park Commission recommends that the Council approve the plans and authorize bid advertisement for the handicapped access paths and resilient surfacing projects in Freeman, Manor and Cathcart parks at a cost of $14,200 including the services of Bruce Chamberlain as project manager. The project will be funded by the CDBG program. Lewis stated the $3,000 administrative cost appears high for the relatively small projects. Bruce Chamberlain, Park Planner, explained that although the project is small, it still requires preparation of a bid package, field work, and overseeing and inspecting the work. Hurm added that because the project is funded by the CDBG program, time for discussion/meetings is also required. REGULAR CITY COUNCIL MINUTES September 12, 1994 . PAGE 4 Benson moved, Daugherty seconded to approve the plans and authorize advertisement for bid for CDBG handicap accessibility projects in the Parks. Motion passed 3/0. Benson stated that while the administrative cost related to work is rather high, this project is valuable as it will essentially complete and enhance the recent installation of $100,000 worth of playground equipment in the parks by making them useable and accessible by handicapped persons. Benson moved, Daugherty seconded to approve the letter of agreement for the services of Bruce Chamberlain as project manager for an amount not to exceed $3,000. Motion passed 3/0. 3. A Motion to Accept the Low Quote for Silverwood Park Landscaping Project from Wilson Nursery The Park Commission recommends that the Council accept the low quote of $12,021.50 received . from Wilson Nursery for the Silverwood Park landscaping project. Colopoulos reported that the Tree Trust will be available for planting assistance this fall. Plants specified for spring planting will be delivered and planted next spring. Lewis requested clarification about plant warranties. The Nursery's base bid does not include a warranty as to productiveness after transplantation of the product. Installation of the plants by the Nursery with a I-year warranty from the date of completion and final approval would add $8,123.00 to the bid. Following discussion, the Council directed the staff and Park Commission to negotiate with the bidder some warranty for the product at a reasonable cost and report back to the Council at its September 26 meeting. Therefore, the Council took no action on the recommendation to accept the low quote for Silverwood Park landscaping. 5. PLANNIN G - Report by Representative Commissioner Pisula reported on the actions taken by the Commission at its September 6, 1994 . meeting. A. Consideration of Revising Fence Regulations for Pre-existing Swimming Pools Applicant: Location: Daniel Lundgren 5520 Sylvan Lane Mr. Daniel Lundgren, 5520 Sylvan L.ane, requested that the City amend its zoning ordinance to require fencing of swimming pools that were constructed prior to the adoption of current;.fencing requirements in the interest of safety. Nielsen indicated the City is aware of 2-3 nonconforming pools. He explained that based on the City Attorney's advice, those property owners who were grandfathered in 1985, while not required to comply, have been informed of noncompliance. During discussion, the Councilmembers concurred with Mr. Lundgren that unfenced pools present a clear danger and that review of the zoning code is appropriate. Daugherty suggested that when . . REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 5 City inspectors are conducting routine inspections, any irregularities and/or suspected violations or situations be investigated. Lewis moved, Daugherty seconded to refer revision of fence regulations for pre- existing swimming pools to the Planning Commission for review and recommendation. Motion passed 3/0. B . Consideration of a Street Light Request - Lawtonka Drive and Timber Lane Nielsen reviewed the request petitioned by residents of Lawtonka Drive for installation of a street light at the intersection of Lawtonka Drive and Timber Lane. The petitioners cite vehicular safety as the reason for the request. The request is consistent with current policy which allows street lights at intersections. Nielsen reported that responses have not been received from any nearby residents notified of the request. Lewis moved, Benson seconded to approve installation of a street light at the intersection of Lawtonka Drive and Timber Lane. Motion passed 3/0. C. Presentation of an Interim Ordinance Regarding Development Moratorium Keane reviewed 2 optional development moratorium ordinances prepared as directed by the Council. Option A proposes to restrict the acceptance, processing or approval of requests for subdivision of land resulting in 3 or more lots. Option B is similar to A with the exception that those applications for specifically defined elderly housing would be excluded from the ordinance. Both Options would be effective upon publication until November 14, 1994 unless extended by the Council prior to or on that date. The intent of the interim ordinance is to allow the City sufficient time to complete the update of its comprehensive plan; its purpose is to protect the planning process, the health, safety and welfare of the citizens and property of the City of Shorewood. Keane stated no Council action is required at this time except to refer the selected Option to the Planning Commission for consideration and a public hearing. Lewis expressed concern that completion of the Comp Plan by November 14 is not realistic, therefore the prohibition from processing subdivision applications could have a significant detrimental effect on the 1995 construction season. Keane explained that such a concern is justified, however, he cautioned the Council that to accept or process development requests during the moratorium would allow an applicant to revise its proposal based on activities related to processing. Until the Comp Plan is completed, processing could result in a misdirected conclusion assumed by the applicant. Nielsen reviewed the schedule for updating the Comp Plan. A draft is expected to be presented for a public hearing in late January 1995. Daugherty encouraged the staff and Planning Commission to analyze its schedule with a view to expediting the update process. Nielsen indicated the schedule will be reviewed at the September 20 Commission meeting and explained that the Commission's goal is to avoid any interference with the 1995 construction season. Mr. Terry Forbord, Lundgren Bros. Construction, referred to his letter dated September 12, 1994 which offers for the Council's consideration a variance provision amendment to the proposed moratorium ordinance. He stated that because Metropolitan Council review of updated Comp Plans takes at least 90 days, obtaining the necessary approvals for construction in 1995 is a serious concern. REGULAR CITY COUNCIL MINUTES September 12, 1994 . PAGE 6 It was clarified that the intent provision of the proposed moratorium allows the City sufficient time to complete its Comp Plan; it is not tied to Met Council approval. Keane explained it is within the City's prerogative to terminate the moratorium and resume its application process pending approval of the Comp Plan amendments at the Met Council level. Keane indicated that a review and recommendation will be made to the Planning Commission on the applicability of the variance amendment proposed by Mr. Forbord. Following discussion, the Councilmembers agreed that Option A interim moratorium ordinance drafted by the City Attorney reflected their position. Hunn reported the Planning Commission will conduct a hearing on the proposed ordinance on September 20, 1994. Benson moved, Lewis seconded to refer to the Planning Commission for review and recommendation Option A, "An Interim Ordinance Adopting a Moratorium on Review and Approval of Certain Subdivision in the City of Shorewood." Motion passed 3/0. 6. REPORT FROM SENIOR CENTER TASK FORCE REPRESENT A TIVE AND REPORT ON MA YORIS MEETING HELD AUGUST 24. 1994 . Mr. Robert Gagne, Chair of the Senior Center Task Force, reported on results of a meeting held with mayors of lake communities regarding matters. related to possible construction of a senior/community center. While a consensus was not reached in terms of financial participation, Gagne indicated that an underlying attitude of support in some form from the cities' representatives was apparent, however, commitments were implied but not specific. Gagne described preliminary plans prepared by an architect for construction of a limited budget ($391,000) senior center. He suggested that the Ci~y of Shorewood consider initiating construction of a limited budget senior center and that the Councilmembers meet in a work session with the architect to develop financially feasible specifications. During discussion, the Councilmembers considered the merits and ramifications of Mr. Gagne's suggestion. To protect the interests of the City of Shorewood, the members agreed that additional conclusive information is necessary to determine the extent of participation by the other communities. Daugherty moved, Benson seconded to direct the staff to prepare a draft letter to . the participating cities to request/determine their financial support for construction of a senior center by Shorewood. Motion passed 3/0. 7. CONSIDERATION OF THE 1995 FIRE CONTRACT BUDGET. CITY OF EXCELSIOR Hurm presented the City of Excelsior's 1995 Fire Contract Budget. He reported that Shorewood's recommendation for reducing the Vehicle Equipment budget by $5,000 and adding an additional year to the replacement schedule was not favorably accepted by the contract cities. Hurm explained that the recommendation was based on a 12-112% increase in Shorewood's contribution to the 1995 fire protection budget. Hurm recommended that the Council approve the 1995 budget as prepared by the Excelsior City Council with the equipment schedule as originally proposed. Benson acknowledged the validity of the formula and that a five year budget was accepted and approved by the contract cities in 1994. He explained, however, that Shorewood's recommendation to extend the vehicle replacement schedule by one year was not intended to REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 7 undermine that agreement, but represented Shorewood's judicious reaction to a sharp increase in its contribution to the 1995 fire protection budget. Benson moved, Lewis seconded to accept and approve Shorewood's contribution to the 1995 Fire Contract Budget-City of Excelsior in an amount not to exceed $117,070. Motion passed 3/0. 8. CONSIDERATION OF THE 1995 FIRE CONTRACT BUDGET - CITY OF MOUND Hurm presented the City of Mound's 1995 Fire Contract Budget which covers fire protection services for the Islands portion of Shorewood. Shorewood's 1995 appropriation is $6,443, which represents a $1,121 increase over 1994. The increase represents set-aside funds for equipment replacement, increases in service calls, and Shorewood's market value of the fire department. y . Benson moved, Lewis seconded to accept and approve Shorewood's contribution to the 1995 Fire Contract Budget - City of Mound, in an amount not to exceed $6,443. Motion passed 3/0. 9. CONSIDERATION OF A MOTION TO SET MEETING DATES FOR NOVEMBER AND DECEMBER Hurm reported that Mayor Brancel requested that consideration of Council meeting dates for November and December 1994 be delayed for discussion at the Council's September 26 meeting. 10. CONSIDERATION OF THE PROPOSED LAKE MINNETONKA CABLE COMMISSION'S 1995 OPERATING BUDGET . Hurm reviewed the proposed 1995 operating budget submitted by the Cable Commission (in the absence of Jim Daniels, its administrator). He recommended approval of the budget which represents a zero increase and is within $200 of the 1994 budget. Hurm noted these funds do not come from property taxes but are franchise fees. Lewis moved, Benson seconded to approve the 1995 Lake Minnetonka Cable Commission Operating Budget. Motion passed 3/0. 11. MATTERS FROM THE FLOOR - None. 12. DISCUSSION ON POLICY ISSUES - None. 13. ADMINISTRATOR AND STAFF REPORTS A. Report on Metropolitan Council's Population Estimates Acting Mayor Daugherty read the population and household estimates for Shorewood provided by the Metropolitan Council. It is estimated that from April 1,1990 to April 1, 1993, Shorewood's population rose from 5,917 to 6,430; and households rose from 2,026 to 2,224. B. CDBG Program - Allocation of Funds REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 8 Hurm informed the Council that the City intends to issue a press release in an effort to solicit eligible residents for home rehabilitation or improvement assistance currently available to the City under the CDBG program to avoid losing the funds. 14. MAYOR AND COUNCIL MEMBER REPORTS - None. 15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Benson moved, Lewis seconded to adjourn the City Council meeting subject to approval of claims at 9:00 p.m. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: . ROB B. DAUGHERTY, ACTING MAYOR JAMES C. HURM, CITY ADMINISTRATOR .. AffX) September 6, 1994 CERTIFIED PUBLIC ACCOUNTANTS AND CoNSULTANTS Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota . This letter will confirm our understanding of the services we will provide for the City of Shorewood for the year ended December 31, 1994. We will audit the general purpose financial statements of the City as of and for the year ended December 31, 1994. Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Shorewood and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. . Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. .-._--~- Member of American Institute of Certified Public Accountants Private Companies Practice Section 115 EAST HICKORY SlllEET, SUITE 302 P.O. BOX JI66 MANKAID, MINNESOfA 56002.JI66 150i)62~m7 204 EAST PEARL STREET po. BOX 345 O\'i,'AIDNNA, MINNESOTA 55060-0345 1507),51.9136 1060 NOKllIlAND PlAZA lSOO WEST B011i STREET MINl'EAPOUS, MINNESOfA 554JI t6121 8J5.9090 j;3f1 City of Shorewood September 6, 1994 Page Two AP1X) ~ CERTlHF.i> PUI\LIC An llINTANT;; ANi> CONSULTANT;; We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or . ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will not exceed $9,095 for 1994. The estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately . summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO & EICK Certified Public Accountants 6~~~~/Jo Minneapolis Office GAG:k1s . . City of Shorewood September 6, 1994 Page Three RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. By: Title: Date: AP[X) ~ CERTI~lE/l I'URuc AUX>UNTAN1:; ANI> G.1NSlIlTAN1:; RESOLUTION NO. 94-79 A RESOLUTION AMENDING RESOLUTION NO. 94-49 AND AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the Shorewood City Council authorized the transfer of certain funds in its Resolution No. 94-49; and, WHEREAS, a transfer authorized in such resolution was subsequently found to be in error; and, WHEREAS, additional fund transfers due to completion of capital projects and debt service requirements have been identified . since the adoption of said resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The transfer of $87,000 from the Capital Reserve Fund to the Park Capital Improvement Fund authorized in Resolution No. 94-49 is hereby reversed. 2. The funds known as Fund No. 46, Waterford III/TIF District # 1, and Fund No. 94, Sewer Improvement 1974, are hereby authorized to be closed, and all account balances within such funds are to be transferred to the Capital Reserve Fund. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September, 1994. Barbara Brancel, Mayor ATTEST: James C. Hurm, City Administrator .tF- 35 !I I! !i gty o~ ~ood I\ttefttion: Ten st75S Country Club RUllcI Shorowood MN ~~:\31 I ~L Ten: Ii l-hi. is to confirm your request for Yardwaste collection Services on Saturday, October 29, .~t..!4 from 9:00 a.m. to 4:00 p.m. The City will be charged '220.00 for each 30 cubio yard f"I1-Oft' container supplied. . q~, leaves and mixed brush will be accepted. Waste must be emptied from bags and must be l~ than 3 inches in diameter by 4 feet in length. Two 30 yard roU-off container. will be ~ livered before 9:00 a.m. on the moming of October 29tb. When tbe first container i. fUll, the ~ bUe Works Department crew will caU448-7833 to have the container hauled and replaced "r1th another empty 30 yard container, This procedure will continue until the end of program ~,urs. ,I ~o City will supply one employee at the site to direct residents and to scoop yardwasto into the . ~ll..off. R.oJl..off containers will be removed by 5:00 p.m. on the day of the program. p, ~ you for doing business with R 8t W Roll..ofT Service. ~. j ~~ncerely, .! I~~:,u~~ -IT -_ . -.. l41.. Loistiko It(eaident ii ; , Ift:ah ! , I' i I i I , I I \ 55ff County" Road 50 e Carver, Minnesota 55315 e448-7833 · Fax 3684970 , . , I ... II . .., e., ~ }- .:', II SEP 21 '94 14:59 R&W ROLLOFF SERVICE I TO: P01 6123684970 S:Optmnber 21, 1994 I. . " , . '. ....... t3C I ,I ' QSM. OIr' "Sdlden . , . ~Illc." , I' .' , . 300 Padt Place center , ' 571$ Wayzala Boulevard, . i : MinneapOlIs. MN 55416-1228 I ' . 612-596-577.5 '/" 1-800-753-5775 , ':" FAX'S96-5774 . '.[,: ! " . j ! ' i. , " I ' i j i i i I I j '. I ! ' ~cl1ed 'please find a tab-otatiol1 of the ~tes we have received to date on the referenced! project.. As you may re~ we have ba4 several neighborhood meetings on tbis project; regardiDs cost and pipe ~tioDS. The eiIdosed quoteS represent the pipe locations. most warit.ed by the residents at j costs that -We' ~e negotiated with the contractors involved. We 'be1ie,ve the low quote Jf $14.327.s0 ~ Minger. Construction 'repr~ts the best ~ we will get this construction season. Sincej the proposed project is designed to relieve winteJr road iclDg. we recom1N!nrl! accepting the ~ quote from 'Minger. . i. . I' I ' I " ' I . j. I' I. 'i. I', j , i ': . .!: j', . I . , i, !,' j, j, I i.' .1, I': .1 .. SEP 21. '94 14: 12 OSM MPLS, MN 'September 21, 1994 I H:OQOrab1e Mayor and atyj Coul'l~l aty:.of Shorewood ' S7SS Count1y Cub Road . ShorewoOd. MN S~331 Re: Near Mountain BoUlevard Loc:a1 Drainage M$tenanee Oty Project. 94-OS OSM File 5218.09 Dear Mayor and Council !kembers: ~rely, ORR..scBELEN-MAYMON &A$OOAU . ' I . .. Joel A. Dresel, P.B., LS. : , 0" En' i . ty. gJn~T . ' , ' ! I ! i I , ! . "\aVU.\HW\IlI'KIII'II\w)\UilI'D!ils\~ P.2 Engineers ArChitects Planners surveyors . . I I Iq\IaI qpponunily ElJIploycr I " =Jt3D . . ~ " (C CD .... a ... SEP 21 '94 14:13 OSM MPLS, MN i . ' I, j. \. if .' .. ... .. '" . <01 .. - 3 fll . I, ~, {I ~ ~ ~ i ,. f ii 'j Ii ! ! i !!!i l!!i. ~ 12 :2 '10- l~ 0 8 ~' n ... al ::D I. ~ ~ i i: ; Q' 2 ~ :lE l!: :.1 'z CI m S! ! as ~ .C1 j ~: z '!' . .~ III ::I ~ !j. al .::1 i, a Iii Q' c:I ;:' 2 f.!.!, ~, ::D ~ s;. !' i;i, " I ;. ~, 1ij', i ~ ~ ~ .~ :: .' ~ ".. ~ ::II l5 i III I .- 8 ~ ~ i 'i : , , '" j , . !L" . ~ ,~ ... 8' S -+ ~ ~ ~, i ! E c 'S E i z ~ ~ ~ ;;: :!I a ~ "0 tII Ol i i, , , : :::I'mm '.' J ~' ... ! J 1: ~I~z ",I p; ~ 1t 8 ,.' = ! i~ 8, 8 8 8 8 8 g ,I irlm m . ' .' ... . ;g 1t i a J Ii C/J ,j' i: t ! .... 11 t:; J I s. :::I P , 8 8' S 8, S 8 8 i 8 " ~!i;6 '. !t I Ji J - t i;i~ '. ..... !!l li'i i i .8 8, I! .8 8 8 8 1A-%laI ge' .. zO 'j '. .... !t~YJ 'J J.. I 1> I '1 J IJ I ~ ~ I. ~!Sg l! g, 19 8 8. S 8 I~;=: i :Ii N t': 5 .... !. ,. 'w I i cZ .. 'w -+ I ;0;1:1:0 '" ,. 'l !::J~ B 8 - 8 8' 8 -0 ~o !f .m !t' !t 1: ~ ~ ::D ~' I' i I, 11 if sa ' I' .. i i i :;I ... '" ;j fil 8 8 8 8 8. a j 8 i 8 :I G) (r.) . '!: I gl c i ';'" :0 .- !t 1& i i 8~ ~ S;; Ii ;, G. lJ .0 8 S 8. ~6 ", '$! ~ ',' ~ ,j' .. ~ ~ ~~::D i, I j' i J .' !!J if :' - ~ a I is ~ ; ~ 8 Ii i is 8 ! a 8 P.3 ~ Q .~ :z ~:! g~ "tJQ r-:D 3l 'TI 'O!:: ki.~ ~g ~g ~.!i ID Q~ is:e mUJ 0.8 5:0 N 0 ,~c: ..... z.... 1>>"1:1 -fm O:D ,m< CD'2 .' )lo m ~:D o 'o~'" .... .mo is ~, . r- , ci g ~' i Q ~ ~. ~ m ~ ~.,~ m S g So OJ ff \' CITY OF SHOREWOOD RESOLUTION NO. 94 80 A RESOLUTION AUTHORIZING SUBMITTAL OF A FIVE YEAR HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES JANUARY 1, 1995 DECEMBER 31, 1999 WHEREAS, pursuant to Minnesota Statute 1152A.551, by December 31, 1993, each County in the Metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each County must develop and implement or require poli tical subdivisions wi thin the County to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, pursuant to Minnesota Statute 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and I WHEREAS, the County adopted a Hennepin County Funding sistance Policy for Source Separated Recyclables on September 11, 1990, to distributed funds to' cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds cities must meet requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1. That the Council authorizes the submittal of a five year Hennepin Coun~y Grant application for Municipal Source Separated Recyclables. . " 2. That as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as indicated on the Hennepin County Recycling Grant Application and that the City will use County funds only for t~e purpose of implementing the City's waste reduction and recycling program., ADOPTED by the City Council of the City of Shorewood this 26th day of September, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator 1t3E. MUNICIPAL RECYCLING GRANT APPLICATION Hennepin County Residential Recycnng Program January 1, 1995 - December 31, 1999 SHOREWOOD City Please provide a brief description of your city's recycling program within the space below. Include infonnation on promotional and waste reduction activities, material collected, special collections, etc. Note any major program changes planned or anticipated during this period. A resolution passed by your Council/Board/Commission approving submittal of this application must be attached. . In the fall of 1994, the City of Shorewood will jointly be requesting RFPs for a contractor for our recycling program to begin in 1995. We anticipate that service will still be provided on a weekly curbside basis to all 2,300 households in the City. The following items are to be collected: newspaper, glass, plastic containers, metal cans, cardboard and magazines. We hope to broaden the program to include other materials. Each year the the fOllowing disposed of: trash. · City hosts a spring clean-up day, at which time items are collected to be either recycled or tires, appliances, yard waste and household . ~n the fall the City sponsors a yard waste clean-up. Grass, J.eaves and mixed brush are accepted. We will continue to promote recycling through our quarterly newsletter. Residents moving into the City are encouraged to join our recycling efforts through brochures and verbal discussion with staff. A. Method City Uses To Fund Its Portion Of The Recycling Expenses: General Fund: aJ Yes a No Uti/" Bill: C1 Yes 0 No Month Cha e/HH on Uti!" Bill: $ B. Curbside Collection Contractor: E-Z Recycling* C. Contract Dates/Term: 9/9.4 - 12/94 D. Collection Cost HHIMO: $ 1 gO E. Refuse and RecycUng Collected Same Day: C1 Yes;o No F. Collection Frequency: [J Weekly 0 Bi-weekly 0 Twice Monthly G. No. of Households with Curbside Collection 2.300 H. Method Used to Determine # of Households Served (check all that apply): Property Tax Records 0 Utility Billing Records~ Building Permits 0 Other(specify) * The City is in the process of requesting RFPs for recycling for a 3 to 5 year contract. A. Program Administration B. Promotional Activities C. Collection Curbside Drop-Off D. Curbside Collection Containers A. Residential Source-Separated Collections 116 116 18 18 Tires 3 3 App1i.ances 4 4 Y::lUh.1::lc:t-t=> 81 20 101 PAPER: METAL: GLASS: PLASTIC; OTHER: Curbside 422 Drop-Off Total Tons 422 CITY OF SHOREWOOD RESOLUTION NO. 94 81 A RESOLUTION APPROVING THE REALLOCATION OF REMAINING 1992 (YEAR XVIII), 1993 (YEAR XIX) AND 1994 (YEAR XX) FUNDS OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT ~LOCK GRANT PROGRAM WHEREAS, the City of Shorewood, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Shorewood has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on September 26, 1994 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the reallocation of remaining 1992, 1993 and 1994 Funds. . NOW, THEREFORE BE IT RESOLVED that the city Council of the City of Shorewood approves the reallocation of unused funds from Year 1992, 1993 and 1994 Urban Hennepin County Community Development Block Grant program. Projected Use of Funds: Original Activitv Amount Rehab of private property $24,879 Removal of architectural barriers Amount in Reallocation $ 9,879 15,000 Year XVI I I $24,879 XIX Removal of arch barriers Rehab of private property 4,664 4,664 . xx Removal of arch barriers Rehab of private property 6,778 6,778 --------- ----_._--- $36,321 ADOPTED by -the City Council of the City of Shorewood this 26th day of September, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator *1 ORDINANCE NO. 295 CITY OF SHOREWOOD AN INTERIM ORDINANCE ADOPTING A MORATORIUM ON REVIEW AND APPROVAL OF CERTAIN SUBDIVISION IN THE CITY OF SHOREWOOD The City Council of the City of Shorewood (City Council) does hereby ordain as follows: Section 1. Definitions. The following terms whenever used III this Ordinance shall be interpreted to mean: . Subdivision. The division or separation by plat, registered land survey, or metes and bounds description of an area, parcel, or tract of land into three or more parcels, tracts or lots for transfer of ownership or for residential, commercial, or other use or combination thereof. For purposes of this Ordinance, the term subdivision shall not include the separation or division of a parcel, tract, or lot for the purpose of attachmeI,lt to contiguous parcels, tracts, or lots, provided that no residual parcel, tract or lot is left unattached. . Section 2. Intent. It is the intent of this interim ordinance, pursuant to Minnesota Statutes 462.355, subd. 4, to allow the City of Shorewood sufficient time to complete the update of its comprehensive plan. This interim ordinance is adopted for the purpose of protecting the planning process, the health, safety and welfare of the citizens and property of the City of Shorewood. Section 3. Temporary Prohibition. Pending the completion of the update of the comprehensive plan, no application shall be accepted, processed, or approved for a subdivision within the City of Shorewood. Section 4. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until November 14, 1994, unless extended by adoption of resolution on or before that date. i{gA Ordinance No. 295 Page 2 of 2 Passed and adopted by the City Council of the City Shorewood this 26th day of September, 1994. ATIEST: James C. Hurm, City Administrator By: Robert Daugherty, Acting Mayor . I. LUnDGREn BROS. CONSTRUCTION INC September 12, 1994 935 E. Wayzata Blvd. Wayzata Mayor Barb Brancel Council Member Bruce Benson Council Member Rob Daugherty Council Member Dan Lewis Council Member Kristi Stover City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Minnesota 55391 .473-1231 Dear Ladies and Gentlemen: Please consider this Amendment to the proposed Ordinance No. 296, which is on your agenda for tonight's meeting as Item 5C. Section 5. Variance Provision. The City Council of Shore wood may grant a variance to this Ordinance to allow for approval of a subdivision if said subdivision is found by the City Council to be in conformance with proposed approved amendments to the City's Comprehensive Plan. We believe that this amendment will give the City greater flexibility in dealing with matters that come before it. Thank you very much for your consideration. . Very truly yours, Terry M. F orbord Vice President TMF:bw t:-t!-.' ;J~ L"",~~ MEMORANDUM . TO: FROM: DATE: RE: FILE NO. MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 Mayor and City Council Brad Nielsen 22 September 1994 Revised Comp Plan Update Review Schedule 405 (Comp Plan - Admin.) Following is a condensed review schedule discussed by the Planning Commission at its 20 September meeting: October 94 . ,November 94 December 94 January 95 February 95 March 95 Finalize Natural Resources and Land Use chapters Continue Community Facilities discussion Finalize Community Facilities chapter Prepare presentation draft of Comp Plan Update Joint meeting of Planning Commission and City Council to review presentation draft Prepare presentation strategy/format for public meetings Conduct series of neighborhood meetings Discuss revisions to Plan Update based upon public input Hold public hearing and adopt Comp Plan Update, subject to review by Met Council cc: Jim Hurm Planning Commission Tim Keane A Residential Community on Lake Minnetonka's South Shore SEP-20-94 TUE 13:18 Nelson Henry FAX NO. 4766442 Sept. 20,1994 TO: Brad Neilsen Shorewood Planning Commission VIA FAX FR: Susan Prince and Alan Krutsch RE: Proposed Building Moratorium for Shorewood . As residents of Shorewood we would like to voice our support of a complete moratorium on any further building in our community until a thorough master plan is written and approved. The purpose of a "planningll commission is to do just that, to plan, according to the unique constraints, needs and layout of the city. To merely build, willy-nilly, according to the whim of whatever construction company comes along is irresponsible and short-sighted. . Most of us live in Shorewood because of the lifestyle this city affords. Unplanned and unrestricted building will have a very definite impact on that lifestyle. We need to know how any future construction projects will affect our schools, which unfortunately, less than 2 years after much needed expansion, are at or near capacity already. How will our traffic patterns be affected? Smithtown Road, where we live, is already extremely busy. How will 2 or 3 more residential construction sites affect that? How will our water table be affected? Many of us now have private wells. What happens when 30~50 new homes are constructed all around us? And finally, perhaps most importantly, there is the issue of the wetlands and what this construction will do to them. How many wetland areas are left in this area? We would certainly not support the notion of filling in the wetlands. Once that is done they are gone forever. Short of that, if there is any building on or near the wetlands, we would favor strict regulations insuring that the wetlands be protected from the pollution and contamination that would certainly occur with so many residential construction sites nearby. It is imperitive that we use whatever time and effort is required to insure that our conununity is developed in a responsible and environmentally sensitive manner so that we may preserve the lifestyle that we are luckIy enough to enjoy now. P. 01 c.CO \ 9 ...;,-\ September 6, 1994 Shorewood City Council Shorewood Planning Commission 5755 Country Club Road Shorewood, MN 55331 . Dear Representatives: r\... J,-J \~~ As residents of the city of Shorewood, we want to expres! ~pportcl thC" construction moratorium recently imposed for our community. We are in agreement that the traffic congestion, water issues, and need for careful planning warrant such action. Thank you for acting in the best interest of your ~nstituents ~.~. :;:;. f?JM.1: Sincerely, ~ The~ts of Shore wood Oaks ~ ~ JtU((ot~ Brie. ;~~~~ {JR1t11_/a.-"-~l1t ~ q 1 y( eL&~ 'l-11~ ( ~ .DM- "- ~ ~~~~~ve<<~ ~ c:fIi7 ~(L j[JMb ~'~6-Jc. olbf tfffi~ /J;M/~ ~~ ~~~~~ . . . . . fiLE GUPY MEMORANDUM #."; ....,... i .l i ,,-;; /' .: ./. LARKIN, HOFFMAN, DAL V & LINDGREN, LTD. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes A venue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 . TO: FROM: DATE: Brad Nielsen, Planning Director Tim Keane, City Attorney September 20, 1994 Moratorium Ordinance RE: I am in receipt of a letter submitted by Lundgren Brothers to the Shorewood City Council at its meeting of September 12, 1994. In that letter, Lundgren suggested that the City may wish to include a variance procedure to deal with exceptions to deal on a case- by-case basis in the moratorium ordinance. I have concerns about this approach in its practical application. These concerns include dealing with issues of hardship, equal protection and due process. Should you have any questions relating to the foregoing, please contact me at 896-3203. ~ MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 .MEMORANDUM TO: FROM: DATE: Planning Commission, Mayor and City Council Brad Nielsen . RE: 2 September 1994 Kiser, Joseph - Conditional Use Permit - Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (94.22) BACKGROUND . Mr. and Mrs. Joseph Kiser.propose to add on to their existing garage at 21115 Christmas Lane (see Site Location map - Exhibit A, attached). The proposed addition, plus their existing garage and a utility shed exceed 1200 square feet of area, the maximum allowable area for accessory space. Consequently the Kisers have applied for a conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The property is located in the R-1NS, Single-Family ResidentiallShoreland zoning district and contains approximately 45,600 square feet of area. Exhibit B shows the location of the existing home and the proposed garage location. In the applicant's request letter (Exhibit C), dated 27 July 1994, he proposes a 16' x 28' addition which brings the total accessory space on the property to 1310 square feet. The area of the existing house above grade is 2940 square feet. Building plans (existing and proposed) are shown on Exhibit D-1 through D-4. ANAL YSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.(4) contains specific criteria for granting conditional use permits for accessory space in excess of 1200 square feet. Following is how the applicant's request complies: 1. The total area of accessory space (1310 sq. ft.) does not exceed the floor area above grade of the principal structure (2490 sq. ft.). 2. The total area of accessory space does not' exceed 10 percent of the minimum lot size for the zoning district in which the property is located (40,000 sq. ft. x .10 = 4000 sq. ft.). A Residential Community on Lake Minnetonka's South Shore .~B' . . Re: Kiser,Joseph C.U.P. for Accessory Space 2 September 1994 - page 2 3 . Although the proposed addition complies with setback requirements, an existing game court and tall masonry backstop encroach in the lO-foot side yard setback area (not shown on survey). As a condition of approval of the C.U.P. these nonconformities must be removed. 4. The proposed garage will be attached to the house and is considered architecturally compatible. Based upon the preceding it is recommended that the C.U.P. be approved subject to a condition that the nonconforming game court and block wall be removed prior to framing of the addition. BJN:ph cc: Jim Hurm Tim Keane Joel Dresel Joseph Kiser Roger Freeberg -<11 I ...z -w a:: a:: <'>0:: <110 w_ '" W ww I -'" w , ....~c , ~:;", ~ ..t...... . ","; j , 0::- ~%O I f I .....~z :.. ~ <( , .. , -1 '!' , .~ , I ~ I .' 0 \J .' :: ~~ .. '" , wO , 0\ . ~"" , zz . :;al I .' ,; %::> _<11 , ::> , 0'" <11::> .' ~ ,'"f ~ . 11' , ....~ I .. .. ,; :c- o -- -!I_.:~ wO "'.... I .:l I ~j ~ I t-- .~~ t- o @ .~.... I ...J A\ll 2-1 ~ ? 1- \f\ > 0 c.::l Exhibit A SITE LOCATION Kiser C.D.P. ..... =!\ ~ ~ on tl==a ;;._..___.. ~""'_"":".""'_ ~_..~.u ~ ~. ~ ~ o ._j N ~ I r.. . ."'l ,'" i,' .~ ' , \J ' .. r;.f "0 ::t: ~ \., ...~ .... -- 091 ;YIllSIlfO .. 00 , t ; , -~"Oli'-1 : , i '.-: : I : 0 : I :/ . :. 1 I : I ; - I ~ ~ i: (, : I ~.: : . : , : I ~ ::8;; : 1_...... : 1_ : 0 : I -,___.J r..........--...-...-. ..-..........-..... . ~ .- !::oN on r;!.. ji ... .:! -: ;;; II c ~:i: g:i\ ;;;1ll1ll "~6 i::~, "U'llil!' ~'i!l!i !i: ~'191 tt ./ .. at. 101 01) "". a= - ~ e~ - : .... " o o , I o o . o o . . . o o -&' ...... t. .1 .ON tL ~ ..... ''-~ II ~~ 3z ll: - - . c: 'IOl .....j. ", ~ .~~ $- -~ o '{;.. -9 H1/105 'IOl Qa 0> -". ..' .1.. S'OllI I 9~l S't" , ~ '. ~ ........,;,,-:..... ~'" ,. ""-:. ~ ~. ~I' ~I .... I ::- .}~!.!"t-r-~ ~ .~~... ., f)~ 5 ", ..'..... . \; .... .11 ~~ ~~- ~~,... ::;-. t-- 5@lft!12) ...J ~ t- > o c.::l '" w '" ~ ... ... ~ .:~.... :;:::: ...... ...... .,u... ........ (...:' "'1' .... (/ r 'i:.. '~'" '<t-;.... '" ..--. ....... :.:... ::::1' ....... '1:(: , - ...... CERTIFICATE OF SURVEY FOR JOSEPH i&.,.l~ ....... Kl$l:.l-< I N T R ACT A. R.L.S. NO. 1 2 3 7 HENNEPIN COUNTY, MINNESOTA ~ ~ ';l:) --- . ," - ~ " -i- /------ , I " , , ,L.r 0# I , '.- , , I '. I ~ \ -. . , --- - v.. '\ ~ ::z,. 1..1\ I l ',\ oJ I I ,-" ./-"..- /_~I .' '_ L _. . I , 1,..-<.--- .-- -- l r t--. ').. );: \Ii. .---- ---- ~-{. I. .... ,- 1\ '.../ J \ "'-'" . . \". ," \ I \ \ p~J Add. \t\f)t'\. , .... ';-- '.0:: ..-- --- , , , 'cr. 'lli' . ~~.W\':m. ~, ,. 0,\ ,0 , ' , . , 7 (). ()() \\ ~ftr~lMI.J~ %.4 o\JE"i.).\ftWf" cNC.f2.0AC~Mt:Ni INTo IZE'~(JIUO $\ -oe:. ;'(~IZ.D seTBp\c)'..S. IV' I '... I ... " ,-, . , \ I \ - ... .\ ,'~ , , ~- I I . ... I . . ~....(.. , ,', " ,-- ..., / ' , " I '\ \ , I .... ,.' ) J , 398- '11 , ... I ... I " t-~ . ,,--' \ This survey shows the location of an existing house and proposed additions in relation to the boundaries of the des(!ribed',property. It does not purport to show any other improvements or encroachments. . LEGAL DESCRIPTION r hereby certify that this survey was prepared by me or under my direct supervision and that. I am a duly Registered Land Surveyor under the laws of the State of ~innesota. Tract A, Registered Land Survey No. 1237, Files of Registrar of Titles, County of Hennepin except that part thereof lying East of Tract A, Registered Land Survey No. 945 and Northerly of a line drawn South 70 degrees 48 minutes 24 seconds West from a judicial landmark in the angle point in the North line of Tract A, said Registered Land Survey No. 1237 formed by the intersection of lines having bearings of South 34 degrees 13 minutes East and North 74 degrees 34 minut~s East. COFFIN & GRONBERG, INC. 2t~~e~~ No. 12755 Engineers, Land Surveyors, Planners Long Lake, Minnesota Date : Scale: . : 0: e: 12-11-90JI-2Z-<1/ 111 = 30' Iron Marker Found Iron Marker Set Judicial Landmark Found Exhibit B SITE SURVEY I- --lFREE!lE!lG o E 5 I G N S L July 27, 1994 Mr. Brad Neilson, Planner City of Shorewood . Re: Mr. and Mrs. Joseph Kiser Residence 21115 Christmas Lane Shorewood, MN 55331 Dear Mr. Neilson: Mr. and Mrs. Kiser would like to expand their present garage structure beyond the 1200 sJ. allowed by the zoning regulations. They request approval of a conditional use permit allowing them to build the garage addition shown on the enclosed plans. The proposed garage is 14 ft.wide x 26'-8/1 deep with a terraced at the second floor level accessed from a new door in the side wall of the second floor studio over the existing . garage. We ask for approval of a structure up to 16' wide x 28' deep on the basis that the plans are preliminary and the owner may wish to increase the size somewhat. . The existing garage is 768 s.f., the lakeside shed is 96 s.f. and the 16' x 28' additional garage is 448 s.f. yielding a total of area of 1310 s.f. Conditions to meet for approval: 1) Architectural compatibility - the existing materials and roof lines will be matched, the new overhead door will be recessed and the 14' extension will provide a transition to the abrupt present west side of the structure. 2) Setbacks / drainage - required setbacks are met, drainage will divide and run both north and south from the west side. There will be a drainage swale created on the west side of the new structure to direct runoff water in the proper directions. 3) Accessory space cannot exceed 10% of the lot area - Lot areas in this zone must exceed 40,000 sJ. and therefore the proposed increase of 1310 s.f. is permitted. Exhibit C APPLICANT'S REQUEST LETTER Dated 27 July 1994 . . Kiser, page 2, July 27 1994 4) Accessory space may not exceed the above grade area of the home. The first floor area of the Kiser Residence is 2490 s.f. and therefore the proposed area increase is permitted. Please find attached two set of documents. One set has full sized original plans dating back to 1990 and the proposed changes in 11 x17 format. The second set is all 11 x17. Also the owner is providing a survey document with the legal description showing all improvements and the high water mark for the Christmas lake and a list obtained from Hennepin County of all property owners within 500' of their property. Kisers request that this application be processed in a timely way with the first hearing by the Planning Commission on 9/26/94. They would like to begin construction this fall. Sincerely yours, , I I I I !! ~I ~ I I . / i / ~ / '~7 ~ / f / / '- ~I ~I ~i &/ I . 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CIa ....-,,-~ .~ .~\~- CLo ~ ~aP . Z::l.~~ .........14. I - .\. &1'010 -~If1;' t::J" ~ ~ ~.lIr; ~ \M'll.V / / . \W~. ~f/ 1/ r-~ ~ I - --::. II I If/I / 17'-- - tI - .::: ~e lIt 'II / I j! I if'~ ~I / J ~ ~ / ~t{ ~ / 1./ /[ 1~7 ;/ - . , - / . ~ . -4.100.... - (." ",......r ~ ~IN(' ~ ~ --- -P-f. ~ lei. Q:lr>pC. ;.. '. ~ 6' Q.f# 1+(. ~'.i~lolr. \I ~ , i ~\ i l!oll ~ J 1/&. ! 6 24 PI HE'" j l. I" ":J ..--- r ! ; ~ : ' N .. . oJ~. WI N ~ ["'~..,-,-r ,~.:::iiill1aNt. !iI~:.' 'i.~ ;;:~,;,: -- -.JFREEIERC OEStGNS iNC. I HEREBY CERTIFY TWIT llilS Pl>>l SPECf'lCAnON OR REPORT W~ PRE- PARED BY ME OR UNDER It( DIRECT SUPERVISION AIlO TWIT I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE: .....I REGISTRATION REG. NO. Gen...... contractor and sullCOntractot1l before corn~in9 construction. sholl tl\ofOU9llIY __w tha construction doc- Ul1I8I!ts ~ werify tha correctnass of all dimenSIOns, notas. detoils, sections and systems. ResoIva all inconsistencias ~d correct ~d a"."'" before they or. mcorpCll'Qted .nto tha worl<. -.J CONTRACTOR STEPHEN BRUCE & CO. REMODELING JOSEPH KISER RESIDENCE 211 15 CHRISTMAS LANE -.J Exhibit D-4 EXISTING HOUSE AND GARAGE FLOOR PLAN , ,~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDmONAL USE PERMIT FOR ADDmONAL ACCESSORY SPACE TO JOSEPH KISER \) \\~~, . WHEREAS, Joseph Kiser (Applicant) is the owner of real property located at 21115 Christmas Lane, in the City of Shorewood, County of Hennepin, legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of an attached garage, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 1310 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 2. September 1994, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 September 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 26 September 1994, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. That the total proposed accessory space (1310 square feet) does not exceed the floor area above grade of the principal structure (2940 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1NS Zoning District in which it is located (.10 x 40,000 = 4000 square feet). 3 . That design and materials of the garage are consistent with the architectural character of the existing home. 4. That the proposed garage complies with all setback requirements for the R-1NS District. ..... ". e,.Z. , "!t'.. . . . CONCLUSION 1. That the application of Joseph Kiser for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 2 . That the approval is conditioned upon the applicant removing a nonconforming game court and block wall currently located on the property. 3 . That the City Administrator/Oerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of September, 1994. ATTEST: Barbara J. Brancel, Mayor James C. Hurm City Administrator/Clerk -2- . . Legal Description: "Tract A, Registered Land Survey No. 1237, Files of Registrar of Titles, County of Hennepin except that part thereof lying East of Tract A, Registered Land Survey No. 945 and Northerly of a line drawn South 70 degrees 48 minutes 24 seconds West from a judicial landmark in the angle point in the North line of Tract A, said Registered Land Survey No. 1237 formed by the intersection of lines having bearings of South 34 degrees 13 minutes East and North 74 degrees 34 minutes East" P.I.N. 35-117-23-44-0004 = Exhibit A RESOLUTION NO. A RESOLUTION APPROVING THE CONCEPT PLAN FOR HERITAGE P.U.D. WHEREAS, Abingdon Development Corporation (Applicant) is the owner of real property located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Heritage P.D.D., containing twenty-one (21) single-family lots on approximately 32.65 acres ofland; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 June 1994, which memorandum is on file at City Hall, and WHEREAS, the Planning Commission at its regular meeting of 7 June 1994 recommended approval of a Concept Plan for the Heritage P.U.D., subject to conditions; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 27 June 1994 at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the City Council from the Applicant and City staff; and . WHEREAS, the Park Commission at its regular meeting of 28 June 1994, recorrunended that the City require cash in lieu of land as a park dedication requirement. NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as follows: 1. The Applicant's request for approval of a Concept Plan for Heritage P.U.D. is subject to the following conditions of approval as set out in the Planning Staff Report, dated 1 June 1994: . ., , (a) (b) (c) (d) (e) (f) Deed restrictions shall be recorded against Lots 1 and 13 stating that they will not be further divided. This approval allows a density of one unit per 40,000 square feet of net buildable area (as opposed to a specific lot count), which will be based upon more detailed survey information to be provided in the Development Stage of the P.U.D. process. The proposed pedestrian access to the commonly owned island shall be developed with the site improvements, and clearly identified as being owned and maintained by the homeowner's association. Protective covenants for the P.U.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). The 50-foot lakeshore parcel shall be eliminated from the P.U.D. Lots on the east end of the proposed road shall comply with R-1A district standards (width, area and setbacks). ~.tJ. . . (g) R-1A setback requirements shall be maintained throughout the P.U.D. The Applicant should continue to negotiate with land owner(s) adjoinina the "panhandle" of Lot 18 to swap an equal amount of land for the 50-foot 0 strip. (h) (i) U) Lots shall not be platted into the City's designated wetland. The City may require that the project be connected to the municipal water system. (k) The Applicant shall submit a tree inventory and reforestation plan as part of the Development Stage plans. The Applicant shall provide additional street right -of-way as needed to bring Edgewood Road into compliance with Shorewood r.o.w. standards (50' width) within its plat. (1) 2. (m) The Applicant must provide conservation easements for any Wetland Conservation Act wetlands outside of the City's designated wetland. City Council approval of the Concept Plan is subject to all applicable standards, regulations, and requirements of the Shorewood City Code, including, but not limited to the following: (a) Section 1201.04 Subd. 1. regarding the procedures for review and approval of conditional use permits; (b) Section 1201.06, Subd. 3. regarding special procedures for the establishment of a P.U.D. by conditional use permit; 3. (c) Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan approval. Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25, Subd. 6.(c) and (d). CONCLUSION 1. "The application of Abingdon Development Corporation for approval of the Concept Plan for the Heritage P.U.D. as set forth above is hereby approved. 2. Adopted by the City Council of the City of Shorewood this 8th day of August, 1994. ATTEST: Barbara J. Brancel, Mayor James C. Hurm, City Administrator/Clerk -2- . . MAYOR Barb Brancel . COUNCI L Kristi Stover Rob DaughertY Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 :MEMORANDUM TO: FROM: DA1E: RE: mE NO. Mayor and City Council Brad Nielsen 22 September 1994 Sign Permit - Holiday Convenience/Gas 405 Sign Permits Holiday Stationstores, Inc. requests approval of a permit for signage for their new store in the Waterford Shopping Center. They propose two wall signs (see Exhibits A and B) to be located on the front and north sides of the gas canopy fascia. They also propose a freestanding pylon sign (see Exhibit C) to be located on the landscape berm in front of the store. Exhibit D shows where all signage will be located on the site. The proposed sign plan is considered to be consistent with Shorewood's sign regulations , as well as with the previously appro'X,ed sign plans for the shopping center. It should be noted that the convenience store is the only tenant allowed to have more than one sign. The proposed wall signs are 63 square feet in area each. The pylon sign contains approximately 110 square feet and is 20 feet in height., Per previous suggestions by staff and the Planning Commission, the pylon sign contain~ a inessageboard area, which hopefully will reduce the need for temporary signage in the future. The building silhouette contains approximately 2760 square feet of area. The total area of signage is 236 square feet, 8.5 percent of the silhouette. Approval of the sign permit is recommended. --- - cc: Jim Hurm Mark Nelson A Residential Community on Lake Minnetonka's South Shore It,. O. m >< ::T -. c- -. ... )> ~ I 1/2" 18 5/8" 6" 2" 6" 7 J/8" t 1/2" '" ~ . " rh 5'-0" .1"-5 J/8" I~t 6" RED STRIPE 2" SPACE 6" BLUE STRifE ALL STRlflNG TO RUN CQ\lllNIOJ5 BEHIND SIGNS. .., N. ~SGN "'... As Noted ..... or JA.1l. .... 0'1-15-'14 Ill" -0" C=iJ@Do 1/2" BLACK OJlUNE AROJND BUUET LOGO BLUE FIN \JHITE BACKGROUND RED FIN \/l-UTE "ACM" fANEL 3'-6" X 18'-0" VINYL CANOPY - 42" FASCIA . t.1" - o. 1\'-6 1/2" ~ V1NYl "HaJDAY' \VI 1/2" BLACK OJTUNE \\/tiITE "ACJ1" PANEL AREA - 83 itq.tt. P,.;.c;' ,t \.&M;uUun f'ROPOsrn V1NYL CANOPY SlGNAGE stlrnEVOOO. MN. Holiday Companies Holiday Enlllneerln\l Deportment , , 4:w11 -.t UOth "'&at. Upaa.. WI. 6:HJ7 112-110--1886 m >< ::r -. C" -. ... CD tp.> D., No LGrlAa: $<<I. As Noted _ ..... 'r ~ D." ~ C..Jo<I " ""'.11un . -- HaJDA)" ST A 1l0'lSTORE 5HCffVCXD. MN ) . Holiday Companies Holiday Engineering Department ..., - ~_~~'D.:'L. .... 6>UJ . . ., 1/ 1 ~ 01 I () 01 10'-0" >-. a " - o :r: 1/ /! i i ! i I i [M]@OO@@ij7 I o~ t~~@O UDU~~ <n_~ ClI c" 02: E! 0- 0:- i E g.!1 OCJ.L u"'~:;; ~SWl' O a s= oil" ;g~1i 0=1 :I:\W~ ! ~lUJ~~~ ?P"%f'?[J) @ '~115. ,.."..,., ~ IiI II i I Pi l::=t!l ,I ~ f"" ~ ., .., L:=1L..'="':......=" 01: :10 t:5 <( 5 ill ~~ ~~ ~&i ~ ! .. l 0: ,,- i 5" ; ail~1 ~~ "'1 i . i 11a PROPOSED PYLON SIGN I Exhibit C UJ~ G)~ -. I:c ,,~ 0.: E; o~ () ~! ,,1 -I - ' 0' :I:! Exhibit D I ~I ., ~ <[ ~ >1 Co> W '"' ....ll :::l, wi c:l ' I ~I , I :E:1 0 CL ~ OL w w ~ i I~~ 1"-.) () 1 z ~I' " ~ . ~ r. ~I :~ '" <:1 -;. i I I I I ~ . y~~~ "<~ ~~ ........~~ "~ ..' -=~ ~..- ^'" . ~ ... ..- '" >~ .... Q.f'::.~ ~..- '" ~" ", "0 ..- < ~ ~" &. " ~ ~) .... ~.., ~ ",r .." 't ",,,, ) ~ V<'",,/ J - - . 'fJ~~., '<:e'~ J .00. OE...'ta S .". .. 'Oe~[O ~ " " ~I i ~ "" ~. ~ ~ ~ ~ ~ ~ ~ :> f ~ Sl ~ ~ 5 ~I ~li <. ~~ ~l 'l~ i.L ~~ ~~ 9@ z " J:Zjl -<(.<( Q....J Oil.. o LU ... ~\D. I ~ <( ~ Z ~ \D I( \J) \i): ~ ~ ~ ~ _ i ~ ~ li ~- 0: t); ~. .- ~ Hoiadcy COmpOMleS ~.l'. \HfHl: ~~'h-\\"r~r ;i!l:h ,j;<lf' "--hi;, \l,iLlt-'IV, :'U. 'H\\ :~2_~.\\I\.;'...!:\!'IH:'" \\'. ;~,';'';'ll !'~l ',i~-.;;,ll.,::-Iljl I:\\hi.:-,~~Il...;aj,..;. I,! ! !II (~II Ie f: '-,"i01 \\'. 1)I.D "H.\:o..Ul'f [ Kl) ...1.\Il:\ !,d \1-:1.)): :'{). lH J\ 12Ih\li:\i :".1-.\;'; 'Li.... '-.\"~ ; ,":'';'i f ; 'j i ..1'::_<1':'1_" ~qll r.\ \ ',12.'1~:., '::'1'; September 15, 1994 Mr. Bradley J. Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: Holiday Stationstores, Inc./Waterford Place . Dear Mr. Nielsen: The purpose of this letter is to provide an explanation of Holiday's proposed dispenser island layout. We are proposing that this layout include six multiproduct unleaded dispensers and four separate diesel dispensers as shown on the attached plan. The diesel dispensers are separate from the unleaded dispensers in order to avoid customers confusing the two products when refueling. Additionally, this dispenser layout extends the entire length of the canopy providing a balanced offset to the forty foot roof peak of the canopy. This dispenser layout allows for twelve fueling positions. This layout does not represent an increase in fueling positions from a six dispenser layout, because a car lining up at a diesel dispenser will occupy the fueling position in front of the adjacent multiproduct dispenser. . If you require any additional information, please do not hesitate to contact me at 830- 8882. Very truly yours, HOLIDAY STATJONSTORES, INC. ~~ Store Planner jproject Manager JBjEJAjsab.6 cc: Lynn M. Anderson (wjAttach.) Elizabeth J. Andrews (wjAttach.) Mark W. Nelson (wjAttach.) ~~, -JL Holiday ~ ~ ,/FOOD\ ~Zi!lfP9 !. J!ESS,) -~ ----,/ ~ 8z () .~. rn ooooooogF r\. 0000000 XJ 0000000.0 ~J>V>p C 00000000000 ~fJ"~ ~lW~H8~'6 ~~~'f~~~~~i ~E~~s~i~~~~" QJ>~gJ~?~,"s E! --0 !l; ~ ~.~ ~ f";1 ~ ~ () !2 ill :lJ ~ .... ~ ~ 0 gj ill "'" ~ i! '( .'J>z 91 ~ "7 ~.p"o~ c1~'~"~0211 ...~. q.u- < '~. -" o ~ ~~ OR g · ~ ~ , ;; ,~ . g h ~ ~ b ~ i h < ~ m ~R s 9o~~9: rr:a:j!~ ~ S ~g~~~~~ N~ ~ Z ("> ~ 5 ei<~J> ~IlISl CIl I ~~ ~t:l ~ -\ O~ 8 ~"o 0"0 ~'>~"~ I<l~ ~~ :Jl ~ ~ f~~ N ~ ~~ r ~~ \;! ~ ~ ~ '!I~ If\ ~ <I ii 'ii ~~ ':'.j .... @~ ~ ~ :c 2- G- O '< ~n ~O ~3 i-a ~O "'0:1 ~ ~ 1:- ~CD ~UJ ~ .... 0000000000 " it f/\ / / I 1:0 ! O! I I QS) @]@] ~ \ '- t:t-ff ~ E) /" I ~ / /" ~-(f ... III N"'ur c.u' (!) @ ./ 5ftJCTA 8AKfRY CA!L e l:i ~I ~ ~ OJ II 1111 ~ ~I ~ 1\ II 1111 ~ ~I ~ 1\ II 1411 .. ~ .. I I ~I ~I ~ ~ ~ ~I ~I \; ~ GI '; ~ 1\ \1 1\1\ \1 z ~ ~ p 0 I J> PI 2~ I ~lI.! ~2 III Vl-54-.r.at' ref I lP lD 0 -< l I ... III 8 ...... 0 ~ j;, !:l J> :::I ~ . :::I ~ I .." I " 0, ~I \ ~~:2l~ ~ l= 111\ F ~li~~ ~ "- I r ~ A{ , ~ \ 111 ~"- fO\l~ r I 0 ~ \ t )> ~ (\ ~ z -l PI ~ z3 ill Z \ 0 ;u "- ..,,> ....... I ~ .......n z p CITY OF SHOREWOOD MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 . (612) 474.3236 September 19, 1994 Attn: Dave Domach, General Manager Knutson Services, Inc. '15120 Chippendale Rosemount, MN 55068 ~ Re: City of Shorewood Recycling Services Dear Mr. Domach: ~ Your letter of September 15 is not acceptable nor in accordance with our agreement. Over the last year there have been numerous times recycling has been left at the curb for collection another day. Over the last several months I have communicated to Knutson Services, Inc. (Knutson) concerns and complaints received by the City of Shorewood relating to recycling collection services. Labor Day week pick up was not done by the end of the week even after you assured me it would be completed. The west side of the City was' never picked up that week. Last week Wednesday's pick up was finally completed on Friday. Citizen complaints have kept our personnel busy over the last weeks. These complaints have included failure to provide collection services to significant portions of the City, failure to provide collection services on the designated day and overall generally inconsistent and sporadic service. The nature and volume of complaints received by the City of Shorewood regarding your. failure to perform services pursuant to the terms of the contract continues to increase dramatically. Your failure to perform pursuant to the terms of the recycling collection services agreement are so profound that the City recycling program is now in jeopardy. The on-going breach of the terms of the agreement by Knutson and your failure to remedy, leave the City no option but terminate the recycling agreement effective immediately. A Residential Community on Lake Minnetonka's South Shore to tr7 . . ..i...,.,......;..'.,.-;"-.,,~..~_.. Knutson Services Inc. September 19, 1994 Page 2 of 2 The City will make every effort to minimize its extraordinary costs and damages arising out of the necessity to terminate the agreement at this time. Should you have any questions relating to the foregoing, please contact me at 474-3236. Since=ely, I1TY OF SH:700D__ ~.I..f, vW l~~Y\ (James C. Hurm, fCitY Administrator cc: Mayor and. City Council Tim Keane, City Attorney " , SEP-:-20-'00. rUE 16:57 !D.:. TEL NO: **331 P02 , . KnIlIIIJIJ:., -. .. . " :. .. .,. . ~~ SI::HVICI:$. INC. : .". 76~. ,. , . .' .septemb~r'~20~...19~4',...;' , , Mr'. Jame~' c~ 'mi~ ,......' .;, '. :City of, .Shorew~od.'. . , .'.' . 5755. Councry 'Cltili', Ro~d': "'., , , Shorewood, Mn,' 55331;" ' .'," , '. ' R~:' 'A~r~e~e~t:'f~r',Recy.c~i~g COl1~ct'f6n; .,' 15120 CfIIPPENDALE · ROSEMOUNT, MN 55068 . (612) 423.2294 . FAX 423.6787 .'~ . . , ' ..' " ., , Dear ,Mr.' 'HUrm,:~ ' c~ ty' o~, s~orewood'. ,", .' , '1" " "" . . . '. .',. . . , Pursuant to ,y.~?r.~oti,l:eoftermina~ion, date~Sept~ml:)er 19, i~,94', Knut,s~:m Sery-ices,. Inc.'. 'n.ll,no' longer provide'..service under .the Agree~en~ tor ~edycl~ng Co~~ect;l.on .ef~ective. date, '.'January. 1, 19.91 and the; addendum . ~xtend1ng the'Agreement'.for'Recycling.Colle~t:.ion January 1,. 1994 to' . December ~1, 1994. ...., . ". ':. "" . . '.. ,. '." ."... . , . 't . " ,",. .' Upon'receivin~ you.r.not!c'E!, ,Kriut'son' Service's; 'Inc'~ is 'hon6ring your' request not.to service the City of Shorewood effective as'of Septembar1~~ 1994. We however,' do :not 'agree.' that we' are' in hreach of.. the contract ..' Our. ... . understanding Qf the c9ntract 'is that'either'party.'~st provide 120' day.. written' notice. - . Th;i.'s writ.ten;. notice by the.' City o~. shorewqod'. t~~inat:l,ng . the.contract'~~.September 19, 1994'd~d.not provide ~20 day.'~ritten. notice; tp Knutson S~~~ces," Inc... '., ... .. . '. . . . ~ I. . - I' . . .' '", .' . " .. . . . '. :. '.,:. ... ..... . . . . We ~e'1ieve.c'onciucUng 'matters between the p~rtie's::without' .massi:V~ ,legal interveltion should be..beneficial to both;. ;.. ,.' " ':'. .,' , . '.In c~nc US'i~~~'..~u~s~~' S'~rvi~~~,' ;tlc. d~'d '~~e ~b~~:~~~ 't~i~" ~~~e~men~,' the b~each. ~8 cqI,Lveyed t.o, lCnut~on Services;. Inc'.by. .tne Cj,.ty of.Sh9rewood.. . 'Knutson. s.e~icQs,', Inc. ~ill be. eXpecting compensat:l,on. for the month, of' August .and partial for the month. of September.' . . The City. of',Shorewoo~ will be.~e~ponsible ror.th~;r o~n extra~r~inary..9osts.an~'e~enses.arisi~g from' . the1r. brea~h of the '. cQntract. '. Knutson Serv1ces, Inc. res~rv~s. the right, to .make :add~tional'.~claim~: ~f the 'c;tty. of: Shorew.o~d,' q,oes'1jot p~y I<nutsbn. '. .. '. ServJ.ces,. . Inc ~ . for .se.rv:l:ces r.endered:in tl'1e. months' of Augu.t C[lnd. September . of '1994' and/o.i,does l1C?taccept.. responsibility. ,,'for:.its' o~ extraorflinary c~sts and' expen~es' ~.r;a.s~ng, frotn' the . ~ermi,nB:tion of" this c;~ntract,~"" 'S:lnc~re:M"y" .,.:" :'. ..:,::' , '~',.", ...... ,".. " ", ......'.....~..,.....:~:. ,,~. "" ....:.......:. ""'.', D. F ~ Wa . , . .., ..' . , . . ". . . Knutson' SerVices;", 'In:c. ... GM/CFO' . ..: .. ' ',' ..,. .... '" .. .. '. . '. '. .....", I' ..: "' '. . . ," .' cc: . Tim Keaii~~,~ City" ~t.torney , . ....: '. .' . : lIow~rd GJ:;'9.ve's..~ 'Attorney, Knut;sori .S,e~ic;es, ;'Inc. :.. Larry Knuts(;m,': ~residElnt, ICn~tsc::in .Serv-i'ces, In~. .. . : David.'oomack, . aaie's' Manager,' Knut'son. Services, Inc., '. .. ". '. .. . . . .. . ." OARSAQElmd RECYCUNQ COllECTIONS ,. :' SInce 1H1 ' Primed On ~ p(lper ~lh' ~y ~k. ."An eqlilll i;)pponuni,y EmP1oy!' . , '. . . " I. . '. .,' . . <: . d .. - #_....,--~~.... - ....,..,.- .-.-.....~.,..-.;...- "' September 19, 1994 Mr. Chris Reinhardt, President E-Z Recycling, Inc. 875 North Prior Avenue St. PaUl, Minnesota 55104 Re: City of Shorewood Agreement for Recycling Collection Services Dear Mr. Reinhardt: This letter is intended to serve as the letter of agreement (Agreement) by and between the City of Shorewood (City) and E-Z Recycling, Inc. (Contractor), relating to the provision of recycling collection services to the City of Shorewood. As you are aware, the City of Shorewood has experienced significant performance issues of late with its current recycling contractor and desires to secure your services to assist with the recycling collection through the end of this year. Ter.m ~ The te~ of this Agreement shall be from the date set forth above through December 31, 1994. Services - Contractor shall provide the statting and equipment necessary to provide collection services to all residential dwelling units (approximately 2,300 households) throughout the City of Shorewood on a weekly basis through the term of this Agreement. Contractor shall conduct these COllections each wednesday throughout the term of this Agreement except these areas within the City of Shorewood commonly known as Enchanted ISland and Shady Island shall be picked up each ThurSday. Contractor shall further provide for the disposal of all recyclable material at a licensed recycling facility. Fees - The fee paid by the City of Shorewood for weekly collection during the term of this Agreement will be $1.90 per household per month. Other Ter.ms . Contractor agrees to be bound by the terms set forth in Sections 1, 3, 4 and 7 of the Agreement for Recycling Collection dated January 1, 1991, as amended by addenda dated November 7, 1991 and January 26, 1993, by and between the City of Shorewood and Knutson Services, Inc. Not1ces to Part1e& - AS to Contractor: Chris Reinhardt s-z Recycling, inc. 875 North Prior St. Paul, Minnesota 55104 Phone: (G12) 644-6577 ~t:Zt ~66t'6I'611 ~9Z~968-Z19 ~~~9aNI' ^'MO ~MW~~OH ~T~~H' wn~4 ......()H3...... As to City: City of Shorewood Attention: James C. Hurm 5755 Country Club Road Shorewood, Minnesota 55331 Phone: (612) 474-3236 C~TY OF SHOREWOOD By: ~ ~~--1~..t:~ . ~ts: C~ t::.cJ E~Z RECYCLING, INC. By. Itr~ 2. TJK:LT3s >: Od S9~>:968-~I9 H3~9()HI' ^'~() H~W~~OH HI~~~' wo~~ vI :~I v66I 061 0613 . . . . To: Mayor and City Council , From: James C. Hurm, City Administrator Date: Thursday, September 15, 1994 Re: Meeting Dates The attached calendar lists the proposed Council meeting dates. Please mark on here when you will not be available so you can make decisions on when to meet. Remember, November 29 and December 19 budget hearing dates are required. You may want to set aside dates for work sessions - for example, Bob Gagne has asked for a work session at some point for the City Council to meet with volunteer architects about the senior center; and you may want to have a ClP work session. This is your decision. Council should establish or move Council meeting dates by motion. Attachment - Calendar :tr9 September 1994 Thursda November 1994 5 5 6 7 8 9 10 6 7 9 ---~~ib ------11 _._-_._-"---"-- 12 8 Set 7:00 p.m. for election canvas u ------1r------12 16- -- 17 --- 13- ---------14 meellng__:!" _______________ --------Ta - ------....---.----- 19 13 14 15 15 16 17 Regular City Council meeting 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 Regular City Council meeting 27 28 29 30 27 28 29 move Council Regular City meeting to Council 11/29 meeting! Budget hearin ..... 30 October 1994 December 1994 3 4 5 6 7 9 10 11 12 13 14 15 Regular City Council 11 12 13 14 15 16 17 meeting move regular 16 17 18 19 20 21 22 meeting to 12/19 18 19 20 21 22 23 24 23 24 25 26 27 28 29 Regular City Council Regular City meeting! Council BUd~et meeting hea n ..... 25 26 27 28 29 30 31 30 31 Cancel regular Council meeting CITY OF SHOREWOOD RESOLUTION NO. 94-84 A RESOLUTION APPROVING NON-INTOXICATING MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of non-intoxicating liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of non-intoxicating .iquor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a special license for the "off-sale" of non-intoxicating liquor be issued for the remainder of a one year term to expire on May 31, 1995, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: James David Ridings/Twin Cities Stores, Inc. 24365 Smithtown Road, Shorewood, MN ADOPTED by -the City Council of the City of Shorewood this 26th day of September, 1994. . Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator #/0 No. 234'h-State Form 109. BUSINESS RECORDS CORPORATION. MINNESOTA To thc STATE OF MINNESOTA Combination Application for Retailer's (On-sale) (Off-sale) Non-Intoxicating Malt Liquor License City of Shorewood Name of lIeen.lnlr autborlty (eounty) (elty) County of Hennepin I,_______Jame.fLDavid-.Ridings_______________________ _____________, of './1,' diy. or lown of Burnsville , COL(.7~ty of Dakota - , Stat" of .MinnesotlL, hereby make appli~ation for a Reta.iler'., (~lQj (Olf-sale) Non-intoxicatint .Malt Liqll.or Lir:I'n.~I' to .~"'I NI/,('h ~I[alt lirll/.or undl'r ruul'Jll-rsllant to an ordina1U'('. (rl'.'!Olut:ion) pas.~cd b!! cil.!! . Shorewood rOlln(''', ('mnl.'1I (w(/rd of--..- .__________________ , (ULll Chaptcr 840, .Minnesota Statutes 1945, a8 amended, providing for Ucensint and regulatin.t the ~ale of non-intoxicatinJ!malt liquor. 3303 Red Oak Circle S., Dr.tri.nJ! the past five Jl..ea1'~ my resi{lcnce luM ber.n as follows: Burnsville, Mn 5533/ M'~r..\" Day 56 at San Angiloe Y.ar City / was born 3 3 Texas Uoroulrb Town Stale or County / am. a (native) ~ citizen of the United Slates. I am m.an.jell. .My (wife's) (huslmnd's) name and addrcss i8 Debbie Ridings / am proprietor. Firm was incorporated Corpora.tion is authorizell to do hnsines8 in .~finnesota. License is for Twin Cities Stores, Ine. (stl'eet) (highway) located as follow,: 24365 Smith Town Road, Shorewood, MN 55331 Twin Cities Stores, Inc. 7/14/94 . in the state of Delaware . The license u'illbe in connection with ~ f"nmrenieu('p!e:lR Rtore Drulr Store. Cafe, Re.taurant, Hotal, Club which has been in operation o 2 Montb. Yea... The establi.qltntent is loca.ted on the 1st Twin Cities Stores, Inc flcor. The bnsines.'1 lJ1'cl1",i..~es are owned by The la.xes on the property are not delinqlunl, I am not p.ngaJ!ed in the retail sale of intoxi-cating liquor. I lw,ve not had an application for license rejected as follow8: / have never been convicted of a felony nor of l'iolaUng any Nationa.l or stau liquor law or locaL ardina.nce relating to the manufacture, sale or transl.Jortation, or pos8ession for 'ale or tran8portatW'lt 01 ,intoxicatin~ liquor. Gambling or gambling devices wilt not be permitted on the licensed premises. I am the owner of the lea.sehold, furniture, fixtures, and equipment in the premises for which tM license is applied, except I have no intention or agreement to transfer the license to another person. I I submit the following names of j!ersons, includi~g a bank, for reference, with whom I have had business relation. f II Norwest Banks Minnesota, N.A. I 811 0 ows: intend to engngein the salo of intoxicating liquor and will bave a Federal Occupational Tax Receipt in accordance with the ordinance governing this license. My Federnl Tax Stamp Receipt is No applied for . I will comply strictly ""ith the provisions 01 the .ordinance relating to the sale 01 soft drinks for "mixing" purpose. and will serve patrons in full view of the public. I agree to waive my Constitutionnl Right!! against search and seizure and will freely permit peace officer. to In.peet my premises and agree to the forfeiture of my licensB If found to have violated the provisions of the ordinance (rellolutlon) providing for the granting of this license. . I hereby solemnly swear that the fOregOi~ statements are true and correct to the best of my knowledge and that I agree to comply with all the provisions of the or inance under which this license granted. ~ . Subscribed and s m to before me this I a7Z I " day of , 19-2:r. ()jJ NOTE: !.iron... may . .u.d nnly to p.r.nn. who An dllz.n. of the U iled tatea and who are of Rood moral e ara" er and repute, who have nllninrd thr n~r of 21 y'M' And who ar . t. nf the ..tAbli.bmenl. for w icb th Ii".n... 8re I..ued. L8w. 1949, ". 700. J ,; ;-:, ~_ '~:r." ":-'-1 " ,........:." '-. ". ..I,' \...... a;tate of .fflfnnt~otat COltnty 01 } T'M undersi~ned, county attorney and ,'Mrijf 01 ,aid county, 'Mreby reoommend t'M within, aPPU~ cation, it appearind to t'M best 01 our knowledde that 8aid applicant has not, within a period, of fl,v- yea1's prior to t'M date of thi, application, violated any law relatind to t'M sale of non-into~tint malt liquor or intoxicatin.d liquor, a.nd that in, our judgm,ent tiUJ applicant will comply with t'M la.w, and. retulatWns relatind to the conduct of 8aid busines8, Dated at _, Minn., ,19_ County.l1ttorney 'gherilf . ~tntt of .fflfnnt~otat COUNTY OF' }u, TOWN OF It u hereby certiflM, that the Town Board of the Town of ,aid County and State, by resolution on the nay of did consent to the ;"8Uanct. of the lict.nstJ appUd lor in the within application, in J 19----. Dated ,19_ THE TOWN BO.l1RD OF THE TOWN OF .11 ttea t Town Olerk By , Ohairman . Note: No Oounty Board shan u,UtJ lied"," for ,ale in, any Town without the consent of the Town Board 01 suck Town, and no Town Board shan consent to the ;"8Uanct. of any liodnse without the writUn, r~ ommendation of the Oounty Attorney and the Sheriff. .. el:S ....., Q "\A CW s:: s:: '- ~ "" Cl) ..... ,'" ~ ~ Cl) ~ cu l'IJ = bQ 8 = ~+3 l'IJ 5 l'IJ ~ O~ Jot Os .s :; CU = o~ Jot"";4~ = o~ Z ~ =~ Q,) 00 c:'> J.o4 .... ~ I I 0:. 0:. ..... ""1 I 0:. ..... 0( t- o Ul lU Z z :i z o >= 0( a: o G. a: o o Ul o a: o o lU a: Ul Ul lU Z in :;) 01 k, ~ ~ ~ E-t ~ .... t.::l ~ ~ ~ Q ~ ....., ~ ....., t& ~ N :..; ~ <:::l ~ ~ ::s 'l;3 <:.l "'" ~ t ~ ~ ~ ... .~ It ~ ~ ~ ..... ... k, k, <:::l SOUTH LAKE MINNETONKA PUBliC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG 01ief of Police (612) 474-3261 HEHORAJI.QUII To: James C. Hurm, City Administrator Rick Young, Chief of POli~J September 12, 1994 0 -. ,r-(' From: Date: Subject: Problem with, Geese Mr. Bill Mason has recently moved to Edgewood Road in Shorewood. lie has found that he has a problem with geese. He contacted the United States . Department of Agriculture, Animal Damage Control. Their State Director told Mr. Mason that they recommended using the RJ1 Pistol Launcher to scare away the geese. Apparently it emits a very loud noise such as a shotgun being discharged. In fact, it fires only blank cartridges. Mr. Mason brought in the actual RJ1 Pistol Launcher for me to see and asked if it would be legal to use this device in Shorewood. I made a photocopy of the weapon, its box and the business card of the agent. I sent these to Ken Potts for a legal opinion. He stated that given the very specific firearms ordinance in Shorewood, it was his opinion that use of the device would not be legal in Shorewood. Mr. Mason would like the City Council to consider amending their ordinance to allow such devices for the purposes of controlling the geese in his yard. He does not feel it would have to be used very often, only occasionally to scare away the geese. If the City Council wishes to allow such use, I would recommend it be on . a permit basis only, so that such use could be controlled. Further, that such permit be revocable if we receive too many complaints or any other reason. I am sure Mr. Mason would be willing to appear before the City Council if that will be of assistance. Serving South Lake MinnetonJaz Communities of Excelsior, Greenwood, Shorewood and Tonka Bay 1f:/ :< /I SOUTH LAKE MlNNETONKA PUBliC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG Chief of Police (612) 474-3261 H~HO.RA'!iRUH To: Ken potts~ Rick Young t:. \ Q Cl September 6, 1994 From: Date: Subject: Legal Question A lake resident of Shorewood has a problem with the numbers of geese on his property. He has contacted the US Department of Agriculture and been told the RJ1 Pistol Launcher "Scare Away" will help get rid of the geese. When fired, I am told it is very loud, like a shotgun, and will . scare the geese away. It fires small blank cartridges. However, is this a legal method to accomplish this task given the Shorewood ordinance about discharging firearms? I have included copies of the ordinance, agents card, the box the equipment comes in and even a photocopy of the device itself. Please advise me if the use of this device would result in a prosecution under the ordinance if a complaint was received. . Serving South lAke Minnetonlw Communities of Excelsior, Greenwood, Shorewood and Tonlw Bay . RICHARD S. WETZEL STATE DIRECTOR US DEPARTMENT OF AGRICULTURE ANIMAL DAMAGE CONTROL RM. 162--FED. BLDG. '316 N. ROBERT ST. ST. PAUL, MN 55101 PHONE(6121290.3157 ~'''''''""''''''''''''~'':''''''''''~''C",:-",,;,,,'''':;'-':''''''','',Ot.,,,,,,,,,,,,,,~,,,_.o;.;,....&_']>>~;:;"~~i!!I :,~. I , ~ RJ 1 Pistol Launcher Scare-Away LAUNCHER Handling the RJ1 Pistol Launr;her Hold the ;J:s!c! ;~ /::Jur right hand, cock. ;;1sert car:" "Alter firing the empty shell 1'0':11 ejec! C",o:ne:ically. The RJ1 p;",,~.'" 'ia:mch SCARF ,:"~rt- ridges ....hich a~a i::Jeded inio :he oistol mlJ~ ..: that BIRD;-: . ,:1 cartridges ~re lcaced '~'.Iith tt"IC black (h.. . e muz: '. .J~,d SCREAt.~En.Sl~E~J and ROC~~ET ca:1ridges c..:. ; ....'-" ....~ ,i . )IIO\\, (empty) e:"d ::1 t~.e :-:1Uz:e', SChRE cartridges can lnly be r blank 6mm (.22 ,=.;1) ~~.e;!s, WARNING: ~~e\'er shoot at humans. animals or flammable areas: ~~~11~~~J1}) BOl 894 GREENVILLE. MISSISSIPPI 38702 Made in Germany for... 1.800.647.5554 "; ':'_ I' :D c.. ...... -0 -. (J) ..... o - r- Q) c ::s o :T CD ~ . . ~ . 1 . 1 i l l . .' ..'.. ~ . ~ .:. ~>.?~~~:~: ;":~.' '-. f~:~ir~i~j~~~c ... BUILDING INSPECTION COST COMPARISON IN-HOUSE VS. CONTRACTUAL 9/20/94 Actual Building Inspection Cost (1) Building Permit Revenue Inspection Cost as % of Revenue 1993 1988 1987 1984 $61,063 $89,289 $73,774 $20,640 $221,693 $300,692 $262,812 $55,556 27.54% 29.69% 28.07% 37.15% 1993 Building Inspection Budget Number of 1993 Inspections $66,689 2,100 Contractual Cost per Inspection $20 1993 Plan Review Fees $68,921 Contractual Cost per Plan Review 75% of plan review fee Estimated Cost for Contractual Inspection in 1993 ((2100 x $20) + ($68,921 x 75%)) $93,691 (1) Contractual Building Inspection Services used prior to 1989 . . #,I)B To: Mayor & City Council From: Teri Naab, Deputy Clerk James C. Hurm, City Administrator Date: September 19, 1994 Re: Part- Time Seasonal Employees . Due to additional work loads during certain periods, staff has identified areas that a part-time (seasonal) employee can help at City Hall. This position is used primarily for special projects (i.e. research, filing, \ computer input, etc.) and is generally for short periods of time. We have found it best to use a seasonal person in lieu of office staff because of the simplistic scope of the projects and the cost savings involved. This also gives us a larger pool of people that are semi-familiar with office procedures to call upon in the event of an emergency. Typically most projects are completed during the summer months. The following analysis shows the difference in hours and dollars spent during the first eight months of 1993 and 1994: Full-Time Part-time Hours Total Salary & Benefits $23,460 1993 Jan-Aug Full-time (Sue) 1,363 Regular Part-time Seasonal Part-time 244 . 444 1,644 (ColleeB) 2,866 (Mary K) 1,363 688 2,051 $27,970 1994 Full-time 0 0 Jan-Aug Regular Part-time 424 3,988 (Heidi) 303 2,545 (Colleen) Seasonal Part-time 86 603 (Jill) ------- --------- 0 813 813 $ 7,136 ... \ CHECK APPROVAL LISTING FOR SEPTEMBER 26. 1994 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE SEPTEMBER 13. 1994 14449 14450 14451 14452 14453 14454 14455 14456 14457 14458 14459 14460 .14461 14462 14463 14464 14465 14466 14467 14468 14469 14470 14471 14472 14473 Al4474 "14475 14476 14477 14478 14479 14480 14481 14482 14483 14484 Expert Asphalt Pera AFSCME Local #224 Airsignal, Inc Excelsior - City of Fina Fleet Fueling MN Quality Conf. Govt Training Metro Waste Control Comm. Cellular Telehone Co. Minncomm Paging Minnegasco Northern States Power Pepsi Cola Co. Potts, Kenneth N. US West Bellboy Corp. Boyd Houser Candy & Tobac Midwest Coca-Cola Bottling Day Distributing East Side Beverage Co. Griggs, Cooper & Co. Hoops Trucking Johnson Bros. Liquor Co. Mark VII MN Bar Supply, Inc. North S tar Ice Ed Phillips & Sons Quality Wine & Spirits Co. Thorpe Distributing Co. Victoria Gazette(The) Hennepin County Dist. Court Duane Ritter Excavation First State Bank Commissioner of Revenue ICMA Retirement Trust 457 City County Credit Union CONTINUED NEXT PAGE . Silverwood pay voucher #2 Payroll Deductions Payroll Deductions Beeper 2nd Qtr Water Gasoline Purch Conf. Regis-J. Hurm August SAC Cellular phone air time Beeper Utilities Utilities Pop machine rent August Prosecutions Telephone Svc Liquor Misc. Misc. Mise/beer Beer/mise Liquor/wine/mise Liquor/wine Liquor Beer/mise Mise/supplies Misc. Liquor/wine/mise Liquor/wine Beer/mise Advertising Re: Ron/Dee Johnson easement Project 94-3 dry hydrants Payroll Deductions Payroll Deductions Payroll Deductions Payroll Deductions - 1 - AMOUNT 17164.00 1952.12 119.10 9.58 2975.30 507.36 95.00 7920.00, 11. 06 14.38 9.81 2985.56 11.53 1458.33 291.40 4664.74 456.84 505.00 1919.70 3712.20 5164.23 177.60 139.94 5953.00 81.48 256.68 616.77 760.53 8281.75 40.00 1000.00 11239.51 6021.68 1005.23 621.57 442.00 <' ~ CHECK APPROVAL LISTING FOR SEPTEMBER 26. 1994 COUNCIL MEETING CK NO TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE SEPTEMBER 13. 1994 (CONTINUED) 14485 Child Support Enforcement 14486 Anoka Cty Support/Collect 14487 Davis, Wendy 14488 Grahn, Suzanne 14489 Naab~ Theresa 14490 Nielsen, Bradley 14491 Pazandak, Joseph 1 4492 Minnesota Dept of Revenue . . Payroll Deductions Payroll Deductions Sec 125 Reimb. Election expenses/milage Mileage Sec 125 Reimb. Milage/film & developing August Sales Tax 92.50 139.44 140.00 55.54 13.05 100.00 127.25 5602.00 TOTAL CHECKS ISSUED 94.854.76 -2- .( CITY OF SHOREWOOD CK APPROVAL LISTING FOR SEPT 26. 1994 COUNCIL MTG CHECKlf VENDOR NAME DESCRIPTION ------------------------- 14494 EARL F. ANDERSEN. INC. SIGNS & POSTS 14495 S & J AUTOMOTIVE EQUIP MAINT EQUIP MAINT *** TOTAL FOR B & J AUTOMOTIVE 14496 DUANE RITTER EXCAVATION DEPT. AMOUNT TRAF CON 829.87 PUB WKS 10.00 PUB WKS 6.00 16.00 PMT VOUCHER Ifl-DRY HYDRA -------- 12.387.69 14497 EDEN PRAIRIE FORD EQUIP MAINT PUB WKS 13.70 14498 ESS BROTHERS AND SONS INC MANHOLE LIFT RINGS MANHOLE LIFT RINGS *** TOTAL FOR ESS BROTHERS AND SON STREETS 165.08 STREETS 146.97 312.05 .14499 ERICKSON. ROLF E.A. OCT ASSESSING FEE/SUPPLY PROF SER OCT ASSESSING FEE/SUPPLY PROF SER *** TOTAL FOR ERICKSON. ROLF E.A. 3.475.22 14500 EXCELSIOR-CITY OF SIGNAL LIGHT UTILITIES 3RD QTR SEWER CHARGES *** TOTAL FOR EXCELSIOR-CITY OF 14501 FEED-RITE CONTROLS. INC. WATER SYSTEM SUPPLIES WATER SYSTEM SUPPLIES *** TOTAL FOR FEED-RITE CONTROLS. 14502 HANCE HARDWARE. INC. SHOP SUPPLIES 14503 HANCE CABLE TESTING/LOC. LOCATE C/H WATER MAIN 14504 KAR PRODUCTS . SHOP SUPPLIES CREDIT TAKEN *** TOTAL FOR KAR PRODUCTS 14505 MTI DISTRIBUTING COMPANY IRRIGATION PARTS 14506 MAC CONNECTION COMPUTER EQUIP 14507 M C I TELECOMMUNICATIONS LONG DISTANCE 14508 MAC ZONE (THE) COMPUTER EQUIP 14509 MACQUEEN EQUIPMENT. INC. SHOP SUPPLIES 14510 METRO WASTE CONTROL COMM. OCT TREATMENT CHARGES 14511 MIDWEST ASPHALT CORP. 3.449.05 26.17 TRAF CON 119.68 SEWER DE 2.067.73 2.187.41 WATER DE 1.155.04 WATER DE 20.00 1.175.04 PUB WKS 23.52 104.00 CITY ~AR 216.39 CITY GAR 28.69- 187.70 PARKS & 30.84 MUN SLOG 289.95 MUN BLDG 14.48 MUN BLDG 449.94 CITY GAR 249.29 SEWER DE 34.570.91 14512 MOUND-CITY OF ASPHALT STREETS 1.409.53 QUARTERLY FIRE CONTRACT FIRE PRO 14513 MUNITECH. INC. OCT MAINT OCT MAINT *** TOTAL FOR MUNITECH. INC. 14514 NAVARRE TRUE VALUE MAINT SUPPLIES 1.280.50 WATER DE 4.340.00 SEWER DE 1.860.00 6.200.00 MUN SLOG 41.50 ) CITY OF SHOREWOOD CK APPROVAL LISTING FOR SEPT 26, 1994 COUNCIL MTG CHECK. VENDOR NAME DESCRIPTION DEPT. AMOUNT ____~_____ _____"_______________.._____ ________________________ _____.___ -----____.._0- MAINT SUPPLIES MAINT SUPPLIES MAINT SUPPLIES *** TOTAL FOR NAVARRE TRUE VALUE 14515 SHORE WOOD TREE SERVICE TREE REMOVAL 14516 SNYDER, ROBERT & MARTHA CITY GAR PARKS & PARKS & 112.47 TREE MAl REIMB FOR SEWER 'CLEANING SEWER DE 14517 SO LK MTKA PUB SAFETY DEP OCT PAYMENT 14518 TIME SAVER OFF SITE SEC MINUTES MINUTES *** TOTAL FOR TIME SAVER OFF SITE .14519 UNITOG RENTAL SERVICES 14520 WATERPRO LAUNDRY SVCS WATER METERS 14521 WITT FINANCIAL INVESTMENT SERVICES *** TOTAL CHECKS FOR APPROVAL *** TOTAL CHECK APPROVAL LIST . -4- 48.40 7.74 14.83 258.13 424.00 POLICE P 34,040.88 PLANNING 244.50 GEN GOVT 12d.75 371.25 CITY GAR WATER DE FINANCE 103,361.05 198,215.81 488.09 2,250.69 207.90 .. , \ C H E C K REG I S T E R CHECK CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM 9 20 94 62 DEE M. ALLAR 208675 35.15 COM 9 20 94 82 LENORA F. BACHE 208676 24.24 COM 9 20 94 172 EDWIN B. BOLTMAN 208677 23.03 COM 9 20 94 230 CHRISTOPHER M. CAREY 208678 258.05 COM 9 20 94 500 CHARLES S. DAVIS 208679 614.82 COM 9 20 94 600 WENDY L. DAVIS 208680 862.50 COM 9 20 94 775 JAMES C. EAKINS 208681 132.98 COM 9 20 94 902 KATHY FRADETTE 208682 30.30 COM 9 20 94 1001 JOHN M. FRUTH 208683 36.29 COM 9 20 94 1150 SUZANNE M. GRAHN 208684 71.64 COM 9 20 94 1400 PATRICIA R. HELGESEN 208685 788.85 COM 9 20 94 1482 ELVERA HOOPS 208686 83.64 COM 9 20 94 1550 JAMES C. HURM 208687 1512.66 COM 9 20 94 1700 JEFFREY A. JENSEN 208688 724.70 COM 9 20 94 1800 DENNIS D. JOHNSON 208689 770.25 COM 9 20 94 1812 KAY JOHNSON 208690 98.36 . COM 9 20 94 1822 LINDA JOHNSON 208691 92.81 COM 9 20 94 1950 MARTIN L. JONES 208692 16.29 COM 9 20 94 2100 WILLIAM F. JOSEPHSON 208693 505.99 COM 9 20 94 2302 IRENE KRONHOLM 208694 81.21 COM 9 20 94 2402 CARLA LABORE 208695 92.81 COM 9 20 94 2500 SUSAN M. LATTERNER 208696 116.14 COM 9 20 94 2550 PETER W. LENZEN 208697 159.25 COM 9 20 94 2800 JOSEPH P. LUGOWSKI 208698 791.94 COM 9 20 94 2900 RUSSELL R. MARRON 208699 62.59 COM 9 20 94 2910 HEIDI M. MAY 208700 337.69 COM 9 20 94 2932 JUDY MCCUSKEY 208701 98.36 COM 9 20 94 3000 THERESA L. NAAB 208702 638.33 COM 9 20 94 3100 LAWRENCE A. NICCUM 208703 870.75 COM 9 20 94 3400 BRADLEY J. NIELSEN 208704 1.030_31. COM 9 20 94 3500 JOSEPH E. PAZANDAK 208705 1065.72 COM 9 20 94 3542 NANCY PETERSON 208706 102.51 . COM 9 20 94 3562 JEANNINE H. PICHA 208707 83.64 COM 9 20 94 3600 DANIEL J. RANDALL 208708 832.94 COM 9 20 94 3632 MARY L. REUTIMAN 208709 101.01 COM 9 20 94 3800 ALAN J. ROLEK 208710 11.37.55 COM - 9 20 94 3882 SUSAN M. RYAN 208711 62.33 COM 9 20 94 3900 CHRISTOPHER E. SCHMID 208712 428.39 CQM 9 20 94 4012 MARY M. SCHMITT 20871.3 49.69 COM 9 20 94 4552 NANCY STRAUSS 208714 82.43 COM 9 20 94 4600 BEVERLY J. VON FELDT 208715 648.25 COM 9 20 94 4750 RALPH A. WEHLE 208716 598.47 COM 9 20 94 4900 DEAN H. . YOUNG 208717 656.23 COM 9 20 94 5000 DONALD E. ZDRAZIL 208718 1187.93 ****TOTALS**** 17999.02 -5- ~ ~ To: Mayor and City Council , From: James C. Hurm, City Administrator Date: September 23, 1994 Re: Bid on Silverwood Park Landscaping The options that were presented at the last City Council meeting were 1) Wilson Nursery to install 342 shrubs and trees, 310 feet of steel edging, weed barrier, and mulch for a total price of $20,144.50. There is a one year warranty from the date of completion and final approval; or 2) Wilson Nursery supply the 342 plants and materials for $12,021.50. The City and/or Tree Trust would do the planting and the other work. There would however be no plant warranty with this option. A third option that is acceptable to Wilsons Nursery is Wilson would supply all the plants and materials and do all the work for $18,944.50 if a portion of the plants can be planted in the fall and the remainder planted in the spring. A one year warranty would be provided from each planting. This way they feel much more confident that a much greater percentage of the plants would survive. The difference between this amount and the $11,900 originally set aside in the Capital Improvement Program should easily be made up by higher than estimated Park Development Fees in 1995. It is therefore our recommendation to accept Option 3. 5H >~ tI' PROPOSAL Silverwood Park Landscaping Improvement Project No. PK-4-94 City of Shorewood, Minnesota Date: August 9, 1994 City of Shorewood c/o Mr. James Hunn, City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 The undersigned, Wi 1 son I s Nursery, I nc. as bidder, proposes and agrees to furnish all specified items in Sil verwood Park in the City of Shorewood, Minnesota, in accordance with the Plans and Specifications prepared for the work by t..."e Hoisington Koegler Group Inc. for t..l-te following lump sum and unit prices: Item Quantity Unit Price Amount Trees: 1. 1.5" cal. Fraxinus americana 'Autumn Purple' 2. 1.0" cal. Syringa reticulata 5 $ 57.00 $ 285.00 2 $ 59.00 $ 413.00 $ 59.00 $ 531.00 $ 55.00 $ 495.00 $ 89.00 $ 178.00 $ 49.00 $ 294.00 $ 99.00 $ 1,089.00 7 ::;) 3. 6.0' ht. Betula nigra .s 4. 1.5" cal. Populus x robusta S 5. 1.5" cal. Quercus bicolor 9 9 :5 6. 6.0' ht. Larix kaempferi . Sub. larix decidua ~ 7. 1.0" cal. Quercus alba 6 11 Shrubs: .:., 1. 3.0' ht. Corylus americana F 2. 4.0' ht. Viburnum trilobum 23 $ 12.00 $ 480.00 $ 19.00 $ 437.00 40 F 3. 18.0" ht. Spiraea bumalda 'Anthony Waterer' 112 $ 9 . 00 $ 1, 008 . 00 ;- 4. 18.0" ht. Diervilla lonicera 68 $ 7.50 $ 510.00 $ 9 . 00 $ 90 . 00 $ 12.00 $ 480.00 ,. 5. 2.0' ht. Rhus aromatica 10 ~ 6. 3.0' ht. Cornus racemosa 40 Silverwood Park Landscaping Page P - 1 ~. ... Materials: 1. 1/8"xS' Steel Edging 310 L.F. $ 2.65 $ 821. 50 2. Black Geotextile Weed Barrier 950 S.Y. $ .60 $ 570.00 $ 4,340.00 3. Shredded Hardwood Mulch 310 c.Y. $ 14 . 00 Delivery: 1. All above plants and materials + 1 L.S. $ $ TOTAL BASE BID AMOUNT $12,021.50 Add Alternate No.1 1. Installation + 1 L.S. $ 8,123.00 $ 8,123.00 TOTAL ADD ALTERNATE NO. 1 ~rOll'NT $ 20,144.50 In this proposal, if accepted, Bidder agrees to commence work no later than ten (10) days following award. It is understood and agreed that this proposal may not be withdrawn within 30 days after bid closing date and that the Owner reserves the right to reject any or all bids and to waive formalities. . Receipt of the following addenda to the specifications is acknowledged. Addendum NO. Addendum NO. Dated Dated ,19_ ,19_ H a corporation, what is the State of Incorporation? Mi nnesota If a partnership, state full name of all co-partners. ~ t FIRM NAME: B:ilso~Jrl;;;[c. (An '~uthorized Signature) Mike Nugent TITLE: Sa 1 es Man ager Warranty: 1. Base Bid - supply only: No warranty as to productivenes after transplanting. 2. Installation by Wilson's Nursery: I-year from date of completion and final approval. OffiCIAL ADDRESS: 9150 Great Plains Blvd. Chanhassen, Mn 55317 DATE: August 26, , 1994 Silverwood Park Landscaping Page P - 2 .. 09/23/1994 10:43 7851167 TIMESAVER PAGE 01 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, SEPTEMBER 20, 1994 COUNCn. CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES I r.AT.I. TO ORDER Vice Chair Barkan callcd the meeting to ordcr at 7:05 p.m. ROLL CALI. Present: Chair Rosenberger (cntered the meeting at 7:08 p.m.); Commissioners Bean, Borkon, Foust, Malam, Pisula, and Turgeon; Council Liaison Lewis; Planning Director Nielsen. APPROVAL OF MINUTES Pisula mOYed, Malam seconded to approve the minutes of the Commtsslon's September 6, 1994 meedna. Modon passed 6/0. 1. 7:00 PM PUBUC HEARING - CONSIDER AN INTERIM ORDINAN~E DECLARING A DEVELOPMENT MORATORIUM Vice Chair Barkan announced the case and outlined the procedures for a public hearing. Nielsen stated the Oty is currently updating its Comprehensive Plan which was l.ast updated in 1981.. He explained that as Oty officials near completion of the update, a number of proposed deYelopments before the City raise some questions. that relate to the Comprehensive Plan. Because these d~lopments comprise. ~ significant portion of the remaining developable property in Shorcwood, the Planning Co~ission concluded that it , would be judicious to complete the Plan update before making important decisions related to the proposed developments. Nielsen reviewed the issues of concern identified by the Planning Commission: density, city services, wetland, environment, schools, transportation, housing, shared powers agreements, and parks. To allow time required for completion of the Comp Plan ~pdate, the Planning Commission recommended to the Council that it adopt an interim moratorium on review and approval of subdivisions that wOuld result in 3 or more parcels. Subsequently, the Council directed the Commission to conduct a public hearing on its proposed ordinance. Nielsen stated a schedule for completion of the updated Comprehensive Plan has been developed. DRAFT - P\. CoMrV\. r~"oW\~d~1-'oY\ OA fj · " .. 09/23/1994 10:43 7851167 TIMESAVER PAGE 02 PLANNING COMMISSION MINUTES September 20.1994. PAGE 2 Chair Rosenberger opened the public hearing at 7:15 p.m. The Chair accepted for the record letters from: Susan Prince and Alan Krutsch dated September 20, 1994; Terry Forbord, Lundgren Bros. dated September 12, 1994; Dale A. Woodbeck dated September 6 and September 14, 1994; the residents of Shorewood Oaks dated September 6, 1994. Keith Monjak, 6140 Pleasant Avenue, supported the moratorium because this is an opportune time to review the issues. He expressed concern regarding consideration of less than 1 acre home sites and piece-meal decisions on developments. He suggested that the undeveloped parcels could remain undeveloped. Monjak suggested the moratorium should be in effect no less than one year and suggested input from the community be obtained through a questionnaire regarding the Comprehensive Plan. Mark Sawyer, Elk River, property owner at 5580 Manitou Road, stated development of his property by Abingdon Corporation for 2 twin homes is currently before the City. He acknowledged the value of the Comp Plan but questioned whether a moratorium is necessary. He explained that if a moratorium is needed, it should be placed upon future applicants. not those whose applications have already moved through the consideration process. He descnbed the location and details of his development and indicated that any changes to the Camp Plan will not affect his application. To avoid further hardship with respect to his property, Sawyer requested that his development be exempted from the momwrium. . Oluck Dillerud, 4100 Berkshire Lane, Plymouth, representing Abingdon Development CorporationlI'ony Eiden Company, delivered a copy of his letter dated July 21, 1994, and reviewed the salient points of the letter. He observed that the issues delineated appear to be out of the realm of the Compr~hensive Plan and are policy matters before the Oty. He expressed concern about the length of time a moratorium will be in effect and its negative impact on development plans. Oint CadsoIlt 202 .Peninsula Road, Meeicine Lake, spoke on behalf of himself and Brian 'Ohland, Smithtown Road, with whom he shares a project currently before the City for approval. He stated the moratorium will be unfair in situations where substantial time and. money have already been expended. On behalf of himself and Mr. Ohland, Carlson objected to the mo~torium and requested equity in their situation. Ingrid Schaff, 25605 Smithtown Road, thanked the Commission for being responsive to the community and suggested the issues be viewed without concern for the spring construction season. She supported a refOTeStation policy and suggested a school feaSIbility study be conducted. Schaff inquired whether construction will begin before the Comprehensive Plan . is completed. She expressed concern about the negative situation created by the moratorium, i.e. homeowners VI. builders. -2-- I .J/ 69/23/1994 16:43 7851167 TIMESAVER PAGE 63 PLANNING COMMISSION MINUI'ES September 20, 1994 . PAGE 3 Christine Lizee, 27055 Smithtown Road, supported the moratorium as being in the best interests of the community. She expressed concern about the wetlands and inquired about the adequacy of the Oty's wetland ordinance in that it is not updated to '90s regulations. She stated the Council's concern regarding the '95 constrUCtion season is not a relevant issue. Rene Dussault, 26365 Noble Road, expressed support for the moratorium in order to explore issues such as traffic, increase in school density, etc. He descnbed the difficulties faced by the residents on Noble Road during a recent lengthy construction period. He supported sending a questionnaire to all residents to get feedback. Martin Schuster, 26450 Noble Road, stated a 1-year moratorium would only allow the developers to prepare a better case that could not be stOpped. He supported the 1 acre minimum and expressed concern that as the current applications before the City are approved, surrounding existing homes will lose their value. He inquired how potential legal issues related to the moratorium will be defended and who will pay the cost. Terry Forbord, representing Lundgren Bras., 935 East Wayzata Blvd..,Wayzata, stated Lundgren has worked with communities on their camp plans and with the Metropolitan Council, etc. preparing community developments. He explained his concern was related to timing, requested equal treatment, and offered assistance to the City in completing it*s comp plan update in order to proceed with construction in 1995. Kathy GoWin??, 23690 Noble Road, reiterated the difficulties endured by Noble Road residents during a 3-year construction period. She supported a one-year moratorium t~ give everyone a break from construction annoyances and to discuss the issues. Cay Atkinson, 5735 Brentridge Drive, reiterated concerns previously expressed, acknowledged the rights of the developers. and supported concerted efforts to resolve the issues to benefit the Oty of Shorewood. . Susan Lande, 26575 Strawberry Court, expressed support for planning and consideration of the list of issues, explained that residents are also concerned with financial aspects such as taxes. She noted the propertY currently proposed for development will retain i~ value even if it is not developed in 1995. Bill Keeler, 2724 Pine Bend, expressed concern that additional developments in western ShOl'cwood will continue to add water/runoff to the marsh and implored the City to study the issue in depth. Steve GuZzi, 2665 Strawberry Court, reiterated the concerns expressed by other Strawberry Court residents with rcapc:et to traffic, schools, and water supply/service. The Chair accepted -;- .. 09/23/1994 10:43 7851167 TIMESAVER PAGE 04 PLANNING COMMISSION MlNUI'ES September 20,1994. PAGE 4 for the record a letter dated July 18 and September 20, 1994 from Steven and Shirley Guzzi. Phil Bortschellcr, 27410 Pine Bend, reiterated the. concerns expressed by Mr. Keeler regarding potential water problems in the area and requested the matter be studied. He supported 1 acre lots. Bev Decker, 5815 Brentridge Drive, stated that residents are not aware of and informed about proposed developments. She supported the suggestion to mail a questionnaire to obtain input. She read a ''Petition to the City Council from the Residents of Shorewood re: Lundgren Bros., Inc. and other potential developments in the City of Shorewood." Tbe Chair ac:cepted for the record the petition signed by a number of residents. Chair Rosenberger closed the public hearing at 7:50 p.m. The Commissioners addressed the questions raised during the public hearing. Nielsen reviewed the proposed ordinance. Because no applications for subdivision resulting in 3 or more parcels (including those currently before the City) will be accepted, processed, or approved until the moratorium ends, no construction will begin before the Comprehensive Plan is completed. Nielsen reviewed the provisions of the City's wetland ordinance which is more restrictive than others. He noted the mapping of the wetlands is not consistent with the Wetlands Conservation Act and the ordinance does not address the quality of wetland waters. The Commission bas expressed interest in a reforestation ordinance to ensure that trees and vegetation removed during development would be replaced. The Commission has also expressed interest in considering a policy dealing with fertilizer and its effect on the wetlands. Acting City Attorney Peter Coyle explained the standard procedures that will be followed should the City be sued because of the moratorium. He stated that throughout the country, development moratoriums have long standing legal support, including the Supreme Court, as a means to assist communities in planning. A resident inquired about construction of a water tower near the Minnewasbta School. , Nielsen stated that based on a study conducted in the 'BOs, a plan was developed for serving all of Shorewood with City water and included a water tower site for the west side near the Minnewashta School property. At Bean's "request, Nielsen descnbed use of the P.U.D. as a zoning tool as it relates to determination of lot sizes as compared to lot sizes determined by the City's zoning districts ordinance. . Bean stated the Commission's commitment is to accomplish its obligation to update the Comprehensive Plan in a timely manner in order to honor its responsibilities to both the City and the developers. With respect to exemption from the moratorium because of a perceived hardship, Bean stated that an inordinate amount of time would be consumed to develop an exemption policy, therefore it is seI1S1ble to proceed with updating the -4- a9/23/1994 1a:43 7851157 TIMESAVER PAGE a5 PLANNING COMMISSION MINUTES September 20, 1994 . PAGE 5 Comprehensive Plan in order to return to the Donna1 conduct of the City's business as soon as posSIble. Malam expressed appreciation for the public's input. He reiterated the purpose of the public hearing and reviewed the Commission's recommendation to the Council regarding the proposed moratorium. He explained that in the interest of fairness, all the developers will be treated equally and be subject to the moratorium. Malam supported the rights of land owners with respect to use of their property. He suggested residents contact the School District Board regarding concerns related to school issues. Malam stated that development of the marshland will not be allowed. Borkon requested clarification regarding the probability that the City's remaining parcels would not be developed. Nielsen stated that rights of individuals allow development of their property within the roles of the City and its Comprehensive Plan. In general, development in Shorewood is intended to achieve and maintain the residential nature of the City. The City does not intend to acquire property for additional parks, therefore, development of the remaining parcels is inevitable. He pointed out that the existing homes in Shorewood are the result of development. Borkon supported Malam's suggestion regarding contacting the School Board and indicated the Commission will be reviewing information provided by the School District. Borkon empathized with the hardship of individual land-owners under the moratorium but stated it behooves City officials and staff to persevere to update the Comp Plan. Faust inquired whether the subdivision referred to in the proposed ordinance could be increased from 3 to 4 or 5. Nielsen explained it was not the intent to burden a property owner who wishes a simple split of property into 2 parcels, but that to gain any impact from the moratorium, the -division of property falling under the -ordinarice was set at 3 or more lots. Borkon stated that hi-order to be consistent and fair, 3 or more parCels is appropriate. , Rosenberger agreed that exemptions from the moratorium should not be granted. He acknowledged that some of the issues before the City involve policy decisions and noted that neighborhood meetings will be conducted to give residents the opportunity to provide input on the Co~prehensive Plan. Nielsen reviewed a rev.iscd 6--month schedule for Comprehensive Plan completion, adoption and submission to the Metropolitan Council for its review. He explained that work on the update has been in progress for about 1-1/2 years. During October and November 1994, three remaining Chapters will be finalized and a presentation draft prepared; in December 1994 the Planning Commission and Council will review the presentation draft; in January 1995, neighborhood meetings will be conducted; during February 1995 revisions based on public input will be discussed; and in March 1995, it is anticipated that a public hearing will be held, the Plan update will be adopted and submitted to the Metropolitan Council for its -5- ... 09/23/1994 10:43 7851167 TIMESAVER PAGE 06 PLANNING COMMISSION MINUTES September %0,1994. PAGE 6 review. Nielsen stated Met Council review may take 90 days or more and adjustments to the Plan may be required. Concerns of the Met Council include water quality and affordable housing. Nielsen indicated the City intends to prepare a separate housing plan document. Borkan inquired whether it will be appropriate to consider applications once the Plan is submitted to the Met Council. Nielsen explained that applications could be reviewed on the basis of the existing Plan and the Updated Plan. Bean moved, Borkon seconded to recommend to the Council that it approve "An Interim Ordinance Adoptinl a Moratorium on Review and Approval ot Certain Subdivision in the City ot Shorewood," drafted by staff, with the toJlowJn~ 8lDendment 10 Section 4. Effective Date: This ordinance shall take eff'tet from and alter its passage and publication and shall remain in eft'ect until completion aDd submission to the Metropolltan CoundIot the revised Comprehensive Plan, as approved by the City Council, not .to exceed 12 months from the elfective date. Noting that the motion reiterates the Commission's original recommendation, the Commissioners contemplated what the Cotmcil's reaction may be. Lewis stated that Council would likely accept the recommendation with a specific time line for accomplishing each element in the schedule including the neighborhood meetings. Lewis explained that the intent of the Council is to review the progress of the update process on November 14. 1994. Bean mo\'ed, Borkon seconded to amend the motion to restate Section 4 as foUaws: Section 4. Effective Date: This ordinance shall take effect from and after Its passqe and publication and shall remain In effect untU completion and submission to the Metropolitan Council of the revised ComprehensiVe Plan. approved by the CounclJ, per the Plamrlna Department's schedule ot reviewr attached for reference. not to exeeed 12 months from the effective date. Motion passed 7/0. , The Council will consider the recommendation at its September 26 meeting. 2. STIJDY SESSION - Discuss Comprehensive Plan Review Schedule Nielsen reviewed the schedule developed for review and completion of the Comprehensive Plan. Chair Rosenberger recessed the meeting at 8:40 p.m. and reconvened at 8:50 p.m. - ~- 09/23/1994 10:43 7851167 TIMESAVER PAGE 07 PLANNING COMMISSION MINUTES September 20,1994. PAGE' 3. MATTERS FROM THE FLOOR Borkon inquired what action has been taken regarding installation of a traffic signal at CoWlty Road 19 and Country Oub Road. Nielsen explained that the proposed comprehensive plan suggests that Hennepin County conduct a study and determine how the costs for such installation will be allocated. Chair Rosenberger accepted for the record a petition from Ingrid Schaff signed by a number of residents with respect to this matter. Turgeon commented on consttllction activity at Gideon Wood. Malam expressed appreciation to the Park Commission for its completion ofSilverwood Park. Foust inquired about installation of the "No Outlet" sign to be posted near Zimmerman Launch. Hurm reported the City has retained the services of a new recycling firm. 4. REPORTS Council Liaison Lewis reviewed actions taken by the Council at its September 12 meeting and answered Commissibne~ questions. 5. ADJOURNMENT Borkon moved, Turaeon seconded to acijoum the meetiJII at 9:10 p.m. Motion passed 1/0. RESPECTFULLY SUBMlTI'ED Arlene H. BergfaJk . Recording Secretary TimeSavcr Off Site Secretarial -7- L CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, AUGUST 30, 1994 DRAFT COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MEETING MINUTES 1. ~ALL TO ORDER Chair Jennifer McCarty called the meeting to order at 7: 10 p.m. 2. ROLL CALL Absent: Chair McCarty; Commissioners Bensman, Martin, and Colopoulos; Administrator Hurm; Council Liaison Benson; Park Planner Chamberlain; and Planning Liaison Panas-Borkon. Commissioner Wilson arrived at 8:45 p.m. Commissioners Dzurak and Fuller. Present: Also Present: Ed Battani, Tonka Football Association 3. REVIEW AGENDA Hurm added Item #9E CDBG Funds and McCarty added Item #10B Schedule Park Liaison. 4. APPROVAL OF MINUTES Colopoulos moved, Bensman seconded, to approve the minutes of Tuesday, July 26, 1994. Motion passed 2/1, with Martin abstaining. 5. REVIEW REOUEST FROM THE FOOTBALL ASSOCIATION FOR GOAL POST AND LIGHTING Mr. Battani expressed the need that the Tonka Football Association has for a goal post and additional lighting on the field at Badger Park. He also stated that the Association would be absorbing the cost for the improvements, excluding the additional cost for electricity needed, which he feels would be minimal. Hurm relayed that at the August 22 meeting the Council gave the Park Commission the authority to decide both issues. Martin moved, McCarty seconded, to approve the construction of a goal post to be placed on the southern end of the field and the structure is to be removable if it becomes necessary. Motion passed unanimously. Colopoulos moved, Bensman seconded, to approve the two additional lights per the specifications outlined in the August 19, letter by Mr. Battani. Motion passed unanimously. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 30, 1994 Page 4 of 4 Bensman moved, McCarty seconded, to approve the removal of the playground equipment at CathCart Park and to move the installation of new equipment .to 1995, in addition increase the amount available by 5,000.00 to equal the other projects. Motion passed unanimously. E. CDBG Funds Chamberlain reported that CDBG funds are available for the construction of trails that will make the playground equipment accessible to those with disabilities; Cathcart, Freeman, and Manor can be done this year. Martin moved, Bensman seconded to recommend approval of the CDBG funds to be used for Park improvement projects. Motion passed unanimously. 10. REVIEW A. 1995 - 1999 Capital Improvement Program Motion made under item #9D. B. Park Liaison Schedule McCarty believes that it may not be appropriate for her to report to Council while she running for City Council. The Commissioners agreed to change the schedule as follows: Colopoulos in September; Martin in October; Bensman in November; and Wilson in December. 11. MATTERS FROM THE FLOOR McCarty stated that Commissioner Fuller has not been present for a number of the meetings and believes that action should be taken. The Commissioners agreed and suggested that a letter be sent to her stating that the Commission will be informing Council of her absents and will ask for a recommendation of action. McCarty will take this under advisement. 13. ADJOURNMENT Colopoulos moved, Wilson seconded, to adjourn the meeting at 9:15 p.m. Motion passed unanimously. RESPECTFULL Y SUBMITTED. STEVE CONGRATULATIONS ON YOUR BABY GIRL!! Heidi May, Park Secretary