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Please bring along your City Administrator Evaluation Form to the
meeting. Hopefully we will be able to discuss my evaluation and
set some objectives for the City Administrator for the year 1993.
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING AGENDA
II-
MONDAY, JANUARY 25, 1993
AGENDA ITEM 3A - This is a findings of fact resolution granting a
conditional use permit for 26100 smithtown Road to replace in
excess of 100 cu.yds. of fill on the property.
AGENDA ITEM 3B - Part of the City Administrator's responsibility is
to keep job descriptions as up-to-date as possible. I have worked
with the employees on six job descriptions which have not been
updated in a number of years. They are Public Works Director,
Planning Director, Planning Assistant, Building Official/Inspector,
Finance Director/Treasurer and Senior Accounting Clerk. The
Council can adopt these updated job descriptions by motion. If
there are questions or concerns please call me Monday prior to the
meeting.
AGENDA ITEM 3C - Consideration of a resolution regarding the denial
of C.U.P. and Variance for Vine Hill Market is being postponed and
will be placed on the February 8th agenda.
AGENDA ITEM 3D - We have a request for a property off Holly Lane to
provide sewer and water service from the City of Chanhassen. Brad
is preparing a memorandum of explanation which will be sent under
separate cover. If there are questions or concerns on this item it
certainly can be removed from the consent agenda for further
discussion.
AGENDA ITEM 3E - This is a simple request for a six month extension
of the deadline for submitting the final plat for the Spruce Hill
subdivision. This seven lot plat is located at 25110 Yellowstone
Trail.
AGENDA ITEM 3F - This resolution accepts the construction of the
salt/sand site grading project. It does not include a change
order. So the motion would be to approve the resolution as
presented including the final paYment of $19,792.79 to Northwest
Asphalt Inc.
AGENDA ITEM 3G - This is a simple substitute resolution for the
referendum resolution passed at the last meeting. It authorizes
use of paper ballots rather than using the optech machines. This
will save significant amount of time and money.
AGENDA ITEM 4 - At 7:30 p.m. we will break for a public hearing on
the ordinance establishing the stormwater utility. Recently Tonka
Bay passed a similar ordinance. I will give a brief presentation
on the objectives of the ordinance and Al Rolek will give a brief
presentation on how the utility charges will work. We can then
open for public comment to answer any questions.
AGENDA ITEM 5B - This resolution is simple a resolution of support
for the concept of Hennepin County Parks taking over the regional
trail. No committments are made. The Park Commission has studied
the concept for several months and has recommended this resolution
to the Council unanimously.
AGENDA ITEM 6B - The Planning Commission has held a public hearing
and is recommending to the City Council for approval of the park
storage/concession stand for the Little League between fields 1 and
2 in Freeman Park. The Park Commission has worked with the Little
League in the design and location of this building.
AGENDA ITEM 7 - Because the Council did not adopt the Council
Commi tments this year which has previously incorporated Roberts
Rules of Order, Tim Keane will verbally recommend that the Council
adopt them by motion.
AGENDA ITEM 8 - The enclosed memorandum states that all the other
cities in our recycling consortium has approved the amendment to
the Knutson recycling contract.
.
AGENDA ITEM 9 - An updated draft of the Transient Merchant
Ordinance is enclosed in the packet. Several changes have been
suggested by Kristi Stover and approved by Rob Daugherty. The new
wording is underlined and the old wording crossed out. If the
Council is comfortable with these changes the action would be to
approve the substitute ordinance. In addition there are two other
ordinances to be passed. One is a technical correction for the
Parks and Recreation areas associated with solicitation and the
second is an ordinance establishing the transient merchant license
fee. The recommendation of the Finance Director after polling
other cities is that the fee be set at $50.00.
AGENDA ITEM 10 - Brad is preparing a separate memo with property
description attached with a recommended resolution requesting that
this tax forfeited property be conveyed to the City of Shorewood.
AGENDA ITEM 11 - The resolution amending Waterford Phase III
development agreement is again enclosed in your packet. The only
additional material received is a letter from David Carlson who
hopes to develop townhomes in the Waterford 4th area. As of this
writing we have received nothing further.
.
AGENDA ITEM 12 - Initially scheduled for final plat approval of the
twinhome portion of the Water ford P.U.D., the developer has
petitioned the City to bond for the public improvements. Required
action is to adopt a resolution declaring the adequacy of the
petition and ordering a feasibility report.
JCH.al
1/21/93
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JANUARY 11, 1993
COUNCIL CHAMBERS
5755 COUNlRY CLUB ROAD
7:00 P.M.
MINUTES
ADMINISlER OAlH OF OFFICE
Representative Tom Workman administered the Oath of Office to Mayor Barbara J.
Brancel and to Councilmembers Bruce Benson and Kristi Stover. Representative Workman
made brief comments following the ceremony.
1. CONVENE CITY COUNCIL MEETING
.
The meeting was called to order by Mayor Brancel at 7:12 p.m.
A
PLEDGE OF ALLEGIANCE
B.
ROIL CAlL
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover;
Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and
Finance Director Rolek.
C.
REVIEW AGENDA
Lewis requested that Consent Agenda items H. and I. be removed from the Consent Agenda
. and placed on the regular agenda.
Daugherty moved, Stover seconded to approve the amended agenda for January 11, 1993,
with the removal of items H. and I. from the Consent Agenda and placed on the regular
agenda.
Motion passed 5/0.
D. Shorewood Citizen Award - Tom Akins, 22570 Murray Street - by Police
Chief Richard Young
Police Chief Richard Young read and presented the Shorewood Citizen Award to Tom
Akins, 22570 Murray Street. Mayor Brancel presented Mr. Akins with a Certificate of
Recognition from the City of Shorewood. Mr. Akins made brief comments following the
ceremony.
1
2A
REGUlAR CITY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 2
2. APPROVAL OF MINUTES
A. Regular City Council Meeting - December 14, 1992
Stover moved, Daugherty seconded to approve the City Council Minutes of December 14,
1992.
Motion passed 5/0.
B. Executive Session - December 14, 1992
Stover moved, Daugherty seconded to approve the Executive Session Minutes of December
14, 1992.
Motion passed 5/0.
.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for January 11, 1993.
Lewis moved, Daugherty seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein:
A RESOLUTION NO. 1-93 "A Resolution Establishing Council Policies and Making
Appointments within the City of Shorewood for the Year 1993."
B. ORDINANCE NO. 264 ''Relating to the Makeup of the Park Commission."
C.
RESOLUTION NO. 2-93 "A Resolution Making Appointments to the Park and
Planning Commissions. II
.
D. RESOLUTION NO. 3-93 "A Resolution for Records with Archival Value for
Transfer to the State Archives of the Minnesota Historical Society."
E. RESOLUTION NO. 4-93 "A Resolution Approving Final Pay Request and Accepting
Project Construction - Old Market Road."
F. RESOLUTION NO. 5-93 "A Resolution Approving Change Order No.1 - Final Pay
Request and Accepting Project Construction - Lift Stations 7 & 11."
G. RESOLUTION NO. 6-93 "A Resolution Approving a Simple Subdivision
Reifenberger IMorford."
2
.
.
REGULAR CITY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 3
J. RESOLUTION NO. 7-93 .iA Resolution with Findings of Fact Approving
Construction of a Church in a Residential District and Deposit of Fill in Excess of
100 Cubic Yards."
Motion passed 5/0.
H. RESOLUTION NO. 8-93 "A Resolution with Findings of Fact Denying a Rezoning
from R-IC/S (Single-Family Residential/Shoreland) to. L-R/S (Lakeshore-
Recreational/Shoreland) - Upper Lake Minnetonka Yacht Club."
Lewis stated: My reason for removing these items from the Consent Agenda is I have
indicated my desire to vote against these resolutions. I think this issue will continue to arise
and there's an opportunity for the residents of the neighborhood to be a part of the
improvement of that property. I think it's important that the owners of that property are
given the opportunity to try to make improvements to their property. We have a situation
that they are not going to go away. It will continue to exist as a nonconforming use. It may
be advantageous for us as a Council to deny their request, but I think that the request will
come back. I think there are some issues that we are most certainly going to have to
address, principally the sewer charges. We will not allow them to build restroom facilities
at that location yet we charge them $8700 for sewer access. Those types of issues will not
go away. Currently, the Club members drive to the lot and park in a haphazard fashion on
the lot and they will continue to do so. Those are some of the types of issues that will have
to be addressed in the future. I think it's time the Council and the residents try to work
with the Club and residents to try to develop some enhancements to the property.
Stover moved, Daugherty seconded to adopt RESOLUTION NO. 8-93 "A Resolution with
Findings of Fact Denying a Rezoning from R-IC/S (Single-Family Residential/Shoreland)
to L-R/S (Lakeshore-Recreational/Shoreland) - Upper Lake Minnetonka Yacht Club."
Motion passed 3/2. Benson and Lewis voted nay.
1. RESOLUTION NO. 9-93 "A Resolution Denying Variances for Upper Lake
Minnetonka Yacht Club."
Stover moved, Daugherty seconded to adopt RESOLUTION NO. 9-93 "A Resolution
Denying Variances for Upper Lake Minnetonka Yacht Club."
Motion passed 3/2. Benson and Lewis voted nay.
4. PARK
A. Report on Park Commission Meeting of January 5, 1993
Steve Dzurak, Park Commissioner, reported the results of two surveys conducted to
determine public support for a referendum to raise funds for park and trail improvements.
3
REGULAR CITY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 4
A survey conducted in December 1991 showed 56% support and the survey conducted in
December 1992 showed 59% support for the park referendum. The Commission believes
there is sufficient public support to go ahead with the referendum. Dzurak stated the funds
will be used to provide improvements for family type activities such as playgrounds, tennis
courts and picnic facilities in the parks. The Park Commission recommends approval of the
resolutions before the Council to accommodate the referendum.
B. A Resolution Authorizing Special Election for Consideration of a Bond
Referendum Issue Bond $900,000 for Park Improvements
Lewis stated that the necessity to put this through a special election is clear.
Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 10-93 "A Resolution
Determining the Necessity for the Issuance of General Obligation Bonds and Calling a
Special Election Thereon."
.
Motion passed 5/0.
C. A Resolution Authorizing the Consolidation of the Four Precincts within the
City of Shorewood - Park Referendum
Brancel noted that this Resolution designates City Hall as the polling location for this
special referendum.
Lewis moved, Stover seconded to approve RESOLUTION NO. 11-93 "A Resolution
Designating a Single Polling Place for the March 9, 1993 Special Election."
Motion passed 5/0.
.
5. PLANNING
A. Report on Planning Commission Meeting of January 5, 1993
Doug Malam, Planning Commissioner, reported on actions taken by the Commission. He
stated the Commission unanimously recommended approval of the C.D.P. for Robert
Balgard for Deposit of Fill in Excess of 100 cubic yards. Malam noted that a Public
Hearing was conducted in connection with amending an ordinance related to elderly
housing. Mter extensive discussion, the Commission voted (5/1) to recommend approval
of an Ordinance Amendment that will change the sewer and park dedication fee structure
for elderly housing. Malam reported that Commissioner Rosenberger dissented from the
majority and expressed the view that the proposal does not go far enough to encourage and
support the construction of elderly. housing and felt that a methodically developed well-
defined plan for elderly housing is in the best interests of Shorewood. The Commissioners
also discussed regulations regarding yard lighting, burning permits and commercial
maintenance.
4
REGUlAR CITY COUNCIL MINUfES
JANUARY 11, 1993 - PAGE 5
B. A Brief Presentation on Senior Housing - John AIken
John AIken, representing Cottage Lifestyles, a senior housing developer, presented
information regarding the type of developments constructed by his company. The 'company
is interested in exploring the possibility of constructing rental cottage-style homes for people
55 and over in Shorewood. The company's financing is conducted through a Tax Increment
Financing program. Mr. AIken responded to questions from the Councilmembers.
C. Consideration of a C.U.P. for Deposit of Fill in Excess of 100 cu.yds.
Applicant:
Location:
Robert Balgard
26100 Smithtown Road
.
In response to Brancel's question regarding the impact of this request on the Grant Lorenz
drainage area, Dresel stated that the limited amount of fill going in and it's location on the
east side does not impact the Grant Lorenz flood plain.
Stover moved, Benson seconded to direct the staff to prepare a resolution with findings of
fact approving a C.U.P. for deposit of fill in excess of 100 cubic yards for Robert Balgard,
26100 Smithtown Road.
Motion passed 5/0.
6. REQUEST TO REMOVE PENALTY - MARY ANN ROEDEL 28115 BOUlDER
BRIDGE DRIVE
.
Rolek reviewed the requests of Roedel and Smith for removal of penalties attached to their
respective utility bills. Both residents stated they did not receive the third quarter statement
through the mail and therefore the penalty should be abated.
Stover moved, Lewis seconded to approve the abatement of the penalty attached to the
utility bill of Mary Ann Roedel, 28115 Boulder Bridge Drive.
Motion passed 5/0.
7. REQUEST TO REMOVE PENALTY - AllCE A. SMITH. 4915 REGENTS
WALK
Stover moved, Lewis seconded to approve the abatement of the penalty attached to the
utility bill of Alice A. Smith, 4915 Regents Walk.
Motion passed 5/0.
8. CONSIDER A MOTION TO APPROVE AND ACCEPT THE LOWEST QUOTE
FOR THE SERVICE BAY EXHAUST SYSTEM INSTALLATION - PUBliC
5
REGUlAR CITY COUNCIL MlNUIES
JANUARY 11, 1993 - PAGE 6
WORKS FACILITY
Hurm stated that the Council previously approved and amount up to $6,600 to correct a
service bay exhaust problem in the Public Works facility. He reported that of the three bids
received, the firm of Rouse Mechanical entered the lowest responsible bid and he
recommended its approval. Dresel clarified that although the other two bids were lower,
one did not include installation costs and the other firm could not guarantee that its
configuration would work with existing equipment. Hurm noted that work has not begun but
that parts have been ordered.
Stover moved, Lewis seconded to accept the $6,600 bid of Rouse Mechanical, which includes
a complete system with an independent blower with controls located in the service bay, to
correct the service bay exhaust problem in the Public Works facility.
Motion passed 5/0.
.
9. CONSIDER A MOTION TO APPROVE ENVIRONMENTAL ASSESSMENT
WORKSHEET (EA W.) FOR PUBliCATION - GIDEON'S WOODS P.D.D.
Nielsen stated that the Gideon's Woods P.D.D. project requires an Environmental
Assessment Worksheet (E.A.W.). He reviewed page 4 of the document and noted that
although the document refers to environmental issues, the E.A. W. required for this project
is related to its historical nature. Nielsen reviewed the dates for various steps in the process
following the Council's approval of the document for publication and distribution as outlined
in his memorandum dated January 8, 1993. The document is available at City Hall for
review. The public comment period begins February 1 and ends March 1. On March 22,
1993, the Council will adopt a findings of fact as to whether further environmental review
is necessary and must distribute its decision by March 29, 1993.
.
Lewis noted that the staff did an excellent job in completing the E.A.W.
Stover moved, Benson seconded to approve the Environmental Assessment Worksheet for
publication for public comment - Gideon's Woods P.D.D.
Motion passed 5/0.
10. CONSIDERATION OF A PROPOSED AMENDMENT TO THE RECYCliNG
CONTRACT WTIH KNUTSON SERVICES me.
Hurm reviewed the adjustments in the Knutson Services, Inc. recycling contract which would
increase monthly costs in 1993 and 1994 and eliminate the revenue sharing retroactive to
July 1992. Fees paid for curbside recycling collection, under the amended contract, will
increase $.10 in 1993 and another $.10 in 1994.
Lewis suggested and the Council agreed to direct the staff to re-negotiate the retroactive
6
REGUlAR CITY COUNCIL MINUTES
JANUARY. 11, 1993 - PAGE 7
revenue sharing issue with Knutson Services, Inc. and re-submit the amended contract to the
Council for its consideration.
11. CONSIDER ADOPTION OF AN ORDINANCE FOR TRANSIENT MERCHANT
UCENSE
Hurm stated that this is the second draft of an ordinance for transient merchant licensing
and incorporates two changes: first, it defines and regulates garage sales and second, it
refers transient merchants at permanent locations to the zoning code which has separate
regulations. The ordinance is also cross-referenced to a Park ordinance. The ordinance
basically prohibits transient merchants from selling products unless a conditional use permit
is obtained and prohibits sales in residential areas.
.
Stover expressed concern about the purpose of the ordinance particularly in relation to
solicitations by charitable organizations and suggested the addition of a section covering
exclusions. Daugherty stated that the ordinance would create a formal procedure for
licensing of door to door sales and would adequately cover issues that he previously
expressed concerns about.
Keane noted that the issue of regulating door-to-door sales relates to non-permanent
businesses that solicit throughout the community and over-laps into solicitation for donations
and contributions. These regulations fit into the context of regulating non-permanent
businesses and should not be construed as over-regulation. He noted that established
organizations are accustomed to requesting appropriate licensing/permits in the
communities they canvass. It is customary to have a list of organizations authorized to
canvass a community after appropriate investigation.
.
Daugherty moved, Lewis seconded to adopt ORDINANCE N0.265 "An Ordinance Relating
to the Regulation of Transient Merchants, Solicitors, Peddlers, Canvassers and Garage
Sales. "
Motion passed 4/1. Stover votednay.
Hurm stated that a proposal setting the annual license fee and an ordinance amendment
related to parks and recreation areas will be presented for the Council's consideration at
its next meeting, following which the Ordinances will be published.
12. CONSIDER A RESOLUTION TO AMEND WATERFORD PHASE ill-
DEVELOPMENT AGREEMENT
Keane reviewed the request of the developers of Waterford III for approval of a proposed
amendment to the Development Agreement dated May 30, 1991. The amendment would
amend only the "schedule of work" section to permit commencement of construction of the
residential portion of the project in the spring of 1993 and the commencement of
construction of the commercial portion would commence by the spring of 1995. This issue
7
REGUlAR CITY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 8
arose in the context of a proposed final P.D.D. submitted to the Planning Commission, when
it was noted that the plan submitted was in conflict with the P.D.D, in that the dates for
commencement of construction in the original Agreement have elapsed.
Keane noted that although the Agreement between the City and the developer remains
valid, if the extension is not granted, the Council may chose to direct that the P.D.D. be
repealed on the basis that it has expired and the designation of the land use descriptions
would then revert to the original zoning. He noted that a consequence of repealing the
P.D.D. would involve liability for the financial investment of the property owner.
Lewis expressed concern about the 1995 date for development of the commercial portion,
stated his preference for more rapid commercial development, and stated that more
information on the commercial aspect be provided before an extension is granted. He noted
that the developer has attempted to sell the property for development without much success. .
He expressed the need for some determination to be made on the property in order to move
forward on its development. Lewis indicated that in retrospect it was obvious that the
owners of the property did not themselves intend to develop the property, but intended to
sell it for development purposes and the improvements to the adjacent infrastructure have
added to the value of the property. Lewis further stated that both the property owner and
the City are concerned with the difficulty of selling the property at the present time. He
stated that a clear indication should be given to the developer as to what commercial
development the City will permit in the location.
Brancel stated that the developer's schedule has been affected by its proposals for
development which were beyond that originally approved, and that the developer has not
been cited for default of its contract.
Nielsen indicated that the Council would have site plan approval authority in connection
with the commercial development, but the residential portion has been given final approval.
.
Daugherty disagreed with granting the extension and stated that while he does not wish to
delay construction of a legitimate residential development, additional information regarding
the residential and commercial portions as a package should be provided by the developer
to the extent possible for further analysis.
Stover accepted continuation of the agreement, but indicated a discussion of the length of
the extension was appropriate, but should ultimately result in approval of the extension of .
the work schedule.
Lewis stated that although he does not approve of the existing P.D.D., that there was no
longer any opportunity for changes in the development plans for the property and that
expeditious development of the property is appropriate.
The meeting recessed at 9:05 p.rn. and reconvened at 9:13 p.rn.
8
REGUlAR mY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 9
Jeremy Steiner, attorney representing the developer, stated that the Waterford site is not
appropriate for senior housing. He reminded the Council of the City's TIF agreement in
place with the developer and of the developer's investment in the site. He reviewed the
existing approved commercial development for the site. In regard to the deadlines, Steiner
stated that while deadlines are meaningless, the request for an extension reflects the realities
of current economic and financial conditions. He pointed out that the developer has a
strong financial interest in developing the commercial portion expeditiously. A final plat
for the residential portion will be presented to the Council at its January 25 meeting. He
pointed out that the Council has an obligation to cooperate with the developer to modify
the deadlines.
.
Randy Travalia, representing Trivesco, the developer, reiterated that its intent is to develop
the Waterford III property precisely as outlined in the development agreement approved by
the Council, noted that the agreement is in full force, and park fees have been paid
promptly.
Stover moved, Benson seconded to approve a resolution approving adoption of an
amendment to the Planned Unit Development agreement for Waterford Phase ill to extend
the "schedule of work" deadlines.
Motion failed 2/3. Brancel, Daugherty and Lewis voted nay.
Daugherty moved, Lewis seconded to table, for two weeks, the amendment to the Planned
Unit Development agreement for Waterford Phase ill and requested additional information
from the developer as to the proposed development dates for the commercial portion of
Waterford ill.
. Motion passed 4/1. Stover voted nay.
The Council clarified that it has no objection to reviewing a final plat submitted by the
developer at the Council's January 25 meeting in that its intent is not to change the existing
approved P.U.D. for Waterford III.
13. CONSIDER CORRESPONDENCE TO METROPOliTAN WASTE CONTROL
COMMISSION (MWCC)
Keane reviewed a draft communication from the Finance Director setting forth the position
of the Council regarding its payment to the MWCC. He noted that this letter is part of
establishing the City's position regarding the increase in sanitary sewer fees assessed by the
MWCC. He reviewed the formula developed upon which the January 1993 installment
payment is based. He requested the Council's review of the tenor of the letter and the
formula used for payment purposes. He noted that, to date, the MWCC has not responded
to the City's request for a downward adjustment in its assessment rate. Keane stated the
City is prepared to respond to an attempt by the MWCC to collect its fees through a special
levy on the City. He noted that the newly appointed Chair of the Metropolitan Council is
9
REGULAR CITY COUNcn... MINUTES
JANUARY 11, 1993 - PAGE 10
scheduled to meet with Mayor Brancel on January 21 with a view to arbitrating resolution
of this problem.
During discussion, the Council members made suggestions for changes in the content of the
letter. Keane and Rolek responded to the Council members questions.
Daugherty moved, Stover seconded to direct the Finance Director to send correspondence
as drafted, with the corrections and additions suggested by the Council, to the MWCC with
the January 1993 payment.
Motion passed 5/0.
14. MATfERS FROM THE FLOOR - None.
STAFF REPORTS
.
15.
A. Attorney's Report - None.
B. Engineer's Report
1. Review of Lake Linden Road Grading Plan
Dresel stated the preliminary Lake Linden Road grading plan determining right-of-way
requirements has been completed for public input and discussion purposes. The design has
been forwarded to MnDot for its preliminary comments regarding the design and suitability
for MSA funding. In response to Lewis' comment regarding residents' input, Dresel noted
that the plans will be presented at a neighborhood informational meeting.
C.
Planner's Report - None. Financial Director's Report - None.
.
E. Administrator's Report
1. Traffic Safety IStudy - Excelsior Boulevard - Deferred.
2. Consider Council Comp Plan & CIP Committees
Hurm reviewed his proposal, for Council's discussion, to designate Council members as
liaison to work with the Planning Commission liaison in. the various elements of the
comprehensive plan review and have each Council member work with the staff on an
element of the Capital Improvement Program. This plan would keep the Council closely
involved with the processes, yet minimize the number of meetings which all Council
members must attend.
10
.
.
REGUIAR CITY COUNCIL MINUTES
JANUARY 11, 1993 - PAGE 11
Following discussion, the Council agreed that while the proposal has merit relative to an
overall plan to streamline the process, it will re-consider the proposal when it may be
deemed necessary for implementation.
Daugherty agreed to attend the next scheduled Lake Access Committee meeting.
16. COUNCIL REPORTS
A. Mayor Brancel
B. Councilmembers
Lewis thanked and commended the staff for its prompt action in correcting a hazardous icy
condition in a local park.
17. ADJOURNMENT SUBJECf TO APPROVAL OF ClAIMS
Daugherty moved, Stover seconded to adjourn the meeting at 10:28 p.m., subject to the
approval of claims, and to reschedule the Executive Session to a future date.
Motion passed 5/0.
The scheduled executive session was postponed to the next Council meeting.
RESPECIFULLY SUBMlTI'ED,
Arlene H. Bergfalk
Recording Secretary
TimeSavers Secretarial Services
ATTEST:
BARBARA J. BRANCE[~ MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
11
,/
RESOLUTION NO.
A RESOLUTION GRANTING A CONDmONAL USE PERMIT
TO FILL IN EXCESS OF 100 CUBIC YARDS FOR ROBERT BALGARD
WHEREAS, ROBERT BALGARD (Applicant) is the owner of real property located
at 26100 Smithtown Road, 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 to
place approximately 1200 cubic yards of fill to correct drainage problems for the existing
. home on the above-referenced property; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place
fill in excess of 100 cubic yards; and
WHEREAS, the Applicant's request was reviewed by the City Planner and the City
Engineer, and their recommendations were duly set forth in a memorandum to the Mayor
and City Council dated 30 December 1992, 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 1 December 1992, 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 11 January 1993, 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 proposed filling is necessary to correct drainage problems in order
to make reasonable use of the land.
2. That the area of fill shall be limited to that which is shown on Exhibit B,
attached hereto and made a part hereof.
~A
.
.
CONCLUSION
1. That the application of Robert Balgard for a Conditional Use Permit as set
forth hereinabove be and hereby is granted.
2. That this approval is subject to the following:
a. The amount of fill should be minimized to that which is necessary to
correct drainage problems around the house.
b. That finish grading should result in slopes no steeper than 3: 1.
c. That final grading shall be subject to approval by the City Engineer.
d.
That the graded area shall be seeded or sodded by 1 June 1993.
3. That the City Administrator/Clerk 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 25th day of January,
1993.
Barbara 1. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
LEGAL DESCRIPTION
e.
"The east 176.00 feet of that part of Lots 88 and 111, Auditor's Subdivision Number
One Hundred Thirty-three, Hennepin County, Minnesota, described as follows:
Commencing at the southeast comer of the Southwest 1/4 of the Northeast 1/4 of
Section 32, Township 117, Range 23; thence west 392.5 feet to the point of beginning
of the land to be described; thence north 398 feet; thence west 498.5 feet; thence
south 398 feet; thence east 498.5 feet more or less to the point of beginning, all in
Hennepin County, Minnesota, except the west 199 feet of the north 90 feet of the
south 265 feet of said Lot 88 which lies northerly of Smithtown Road as described in
Document Number 1061490."
e
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==
position: PUBLIC WORKS DIRECTOR
Ob;ective and Scope
Responsible for planning, budgeting, and administering all City
Public Works functions in an efficient, effective manner.
Relationship
Reports to:
City Administrator
Supervises:
All Public Works Department employees.
specific Responsibilities
1.
Manage and supervise the Public Works crews to assure that
work activities are being performed in an effective and
efficient fashion. Advises the City ~dministrator on project
progress and related problems.
.
2.
Responsible
.Department,
scheduling.
for all work scheduling in the Public Works
including daily schedules and emergency
3. Prepare preliminary annual budgets for the Public Works
functional areas: streets and roadways, snow and ice removal,
traffic control/street lighting, sanitation/waste
removal/weeds, tree maintenance, parks and recreation/beaches,
capital outlay and City utilities and submit to the City
Administrator and Finance Director for review and
modification.
4. Work with the City Administrator and Finance Director in
preparing the annual capital Improvement Program.
..
5.
Work with the City Engineer, utility maintenance contractors,
and neighboring Public Works departments to effeciently manage
City property and infrastructure.
6. Responsible for keeping the Public Works Department's annual
expenditures within budgetary guidelines.
7.. Responsible for purchase and' maintenance of inventories of
Public Works related supplies and the repair of all equipment
within the Public Works Department.
8. Responsible for keeping -the Public W~rks facility and
equipment clean, safe, and in working condition.
9. Maintain records in the Public Works Department on employee
attendance, cost of equipment repairs, inventories, etc..
38
position: PUBLIC WORKS DIRECTOR
S?ecific Responsibilities (Continued)
10. Investigate all complaints that may arise as a result of
activities preformed by the Public Works Department, and
report to the city Administrator or to the complaint designee
(the person appointed in charge of handling complaints) the
details of the complaint and the action taken.
11. Investigate methods for providing services more effectively
and efficiently, and recommend improvements in systems,
procedures and programs to the City Administrator for
consideration.
.
Reauirements:
1. Education - Minimum of high school graduation. Related post
secondary education desirable.
2. Experience - Minimum of five (5) years supervisory experience
in public works and equipment operations or related
industry.
3. Good mechanical aptitude.
4. Thorough knowledge of state and Federal regulations, policies
and procedures which apply to public works.
5.
Ability to solve practical problems which arise daily in
managing a municipal Public Works department.
6. Ability to handle public contact with tact and effectiveness.
.
7. Ability to obtain an SC License in Waste Water Treatment and
a Class D License in Water.
position:
PLANNING DIRECTOR
Obiective and Scope
Manages and directs all activities in the planning and building
departments. Responsible for budget, staff, planning strategies
and broad operational knowledge. Responsible for administration
of the Comprehensive Plan and administration and enforcement of
the city development and construction codes. Coordinates the
activites of the planning and building departments with legal,
engineering, administration, finance, public works, and public
safety departments.
.
Relationship
Supervises:
City Administrator
Planning Assistant and Building Official
Reports to:
Specific Responsibilities
A. Planning.
1. Prepares and updates the City Comprehensive Plan.
Coordinates and implements long range, citywide,
"neighborhood and area planning activities.
.
2.
Review land development plans for consistency with city
plans, land use regulations, and policies.
a. Administer land use control ordinances and
implementation of the city's Comprehensive Plan on
a daily basis, and routinely provides information
concerning city planning procedures, standards,
and policies to residents, businesses, developers,
and othe~s involved in the land development
process.
b. Administer development plan review procedures from
the time of initial inquiry by a prospective
developer until such time as the development plan
is approved (completed), denied, or withdrawn.
c. Make recommendations concerning specific
development plans based on City Plans, ordinances,
policies, and professional planning practices, in
the form of oral and written reports directed to
the city Council and Planning Commission.
3. Provide primary staff support services to the Planning
commission.
a. supervises or prepares meeting agenda~, public
hearing notices, staff reports and supporting
'materials.
b. Attend all meetings and present oral reports on
land use planning and development issues as
needed.
c. ,Conduct special studies and provide special
information to Planning Commission and City
Council, as requested from time to time.
d. Coordinate advisory body recommendations with the
City Council. .
4.
Participates in special committees established to
address specific planning and related issues.
.
5. Conduct special planning studies, and perform other
related work as assigned by the Administrator,
including the development of short-range plans, new or
modified land use regulations, administrative
procedures, etc.
6. Monitor activities of the Metropolitan council that may
affect local planning authority and decision-making,
and report such activities to the Administrator.
B. Zoning Administration.
~.
Administers zoning procedures for variances, appeals,
conditional use permits, rezonings, zoning text
amendments, and subdivisions. Provides information
concerning zoning procedures and standards on a daily
basis to residents, businesses, developers, architects,
and others involved in the development of property.
2. '. Monitors and updates zoning and subdivision codes to
reflect changes in state laws and in response to
development trends.
.
3. Reviews building plans for compliance with City zoning
codes.
a. Interprets zoning code to determine applicability
to specific building and development proposals.
b. Works with builders, architects, engineers, etc.
to assist with pre-construction planning and to
determine plan modifications necessary to comply
with codes.
.~
4. Enforces zoning and property maintenance codes.
a. Receives and investigates complaints concerning
alleged zoning code violations.
b. Determines whether or not code violations exist
and meets with violators to inform them of '
specific violations and necessary corrective
measures. Issues violation notices when
necessary.
c. Assists City Attorney in prosecution of building
and zoning code violations~
. C.
5. Prepares appropriate resolutions for City Council
consideration with regard to planning, zoning and
inspection cases and issues.
Supervises staff assigned to, or associated with, the City
Planning and zoning Department and Protective Inspections
Department. .
1. Evaluates through periodic review the performance of
planning, zoning and inspection staff.
2. Responsible for professional development of planning
and inspection staff.
D.
Responsible for submitting Planning and Zoning Department
and Protective Inspection Department budgets to the Finance
Director and city Administrator within appropriate time
frames and manages said operating budgets throughout the
year.
.
Recruirements
2.
Bachelor's Degree in Urban Planning or
related field, or a sufficient mix of related
education and experience to carry out job
responsibilities.
Minimum of three years in a responsible
municipal or consultant planning position,
with supervisory experience desired.
3. Thorough knowledge of state and federal regulations,
policies and procedures which apply to urban planning and
zoning.
Experience:
1.
Education:
4. Ability to perform analyses of detailed development requests
for presentation to the City councilor other group.
5. Ability to formulate, initiate and administer policies and
procedures which apply to planning, zoning and building
inspection.
6. Knowledge of office systems, especially computer and
information processing systems.
7. . Ability to supervise and motivate Planning and Zoning and
Protective Inspection Department personnel, and to delegate
tasks to appropriate personnel.
.
.
position:
PLANNING ASSISTANT
Obiective and Scope
Assists Planning Director in the administration of the
Comprehensive Plan and administration and enforcement of the City
zoning Ordinance and building codes. Maintain records of
building permits, related reports, and planning project
accounting. . Performs clerical functions as directed by the
Planning Director.
.
Relationship
Reports to:
Planning Director
Specific Responsibilities
A. Planninq
1. Provide information, explanation, and assistance
concerning City planning procedures and zoning
regulations and policies to residents, businesses,
developers, and others involved in the land development
process, as directed by the Planning Director.
.
2.
Provide staff support services to the Planning
Commission.
a. Coordinate Planning Commission meeting schedule
changes.
b. Prepare legal notices of public hearings, and
comply with State Statutes and local ordinances
regarding publication of notices in official
newspaper, and mailing to affected residents.
c. Collect, assemble, and distribute information
packets for planning Commission.
d. Monitor and revise Planning Commission minutes as
needed.
3. Research Ordinances and conduct surveys of other
communities as directed by Planning Director.
Planning Assistant
page two
4. Conduct special projects as assigned by Planning
Director.
5. Prepare and maintain updates to Land Use Map.
6. Assign addresses/street numbers to newly created
parcels and lots and maintain updates to half-section
maps.
7. Provide information on Flood Zone inquiries.
8.
Maintain accounting of reimbursable planning projects.
Monitor and code all invoices received from City
Attorney and city Engineer for distribution to various
planning projects.
.
9. Responsible for data entry and maintenance of property
management data base.
10. Process memos and reports as directed by planning
Director. Maintain correspondence file.
11. write routine correspondence and reports such as memos,
inquiries, and status/activity reports.
12. Provide information to other City staff regarding
miscellaneous Planning and zoning matters.
B.
Buildinq
1. Provide information concerning building permit
procedures and standards to residents, businesses,
developers and others involved in building construction
activities as directed by Building Official.
.
2. Maintain data base of all building permits on computer.
3. Prepare reports on monthly, and quarterly basis, to
Regional, state, and Federal agencies.
4. Receive complaints of City Code violations and arrange
for investigation and followup toward their resolution.
Maintain files and log.
5. Prepare certificates of Occupancy for Building Official
and maintain files.
Planning Assistant
page three
Reauirements
1. Education - high school graduate, with m1n1mum of three (3)
years related experience. Attendance of workshops and
seminars on Zoning and Land Use Laws is expected.
2. Knowledge of municipal office operations and systems.
3. Administer the Planning Director's duties, as directed, in a
sound business-like manner which commands the respect of the
public as well as other City personnel.
~ 4.
Ability to handle public contact with tact and
effectiveness.
5. Ability to maintain accurate and up-to-date records and
complete reports.
6. Must be proficient typist with ~peed, accuracy, and good
spelling and punctuation.
7. Should be a self-starter being able to compose routine
answers to correspondence.
8. Previous experience with word processing, data base
management, other software applications, and computer
equipment is required.
~
9.
Ability to work effectively and harmoniously with others
under a minimum of supervision with varying demands.
10. Must be familiar with all aspects of the planning/Zoning
Department duties to be able to fill-in as work load
adjustments are required.
position:
BUILDING OFFICIAL/INSPECTOR
Obiective and Scope
Administers regulations pertaining to building construction,
including enforcement of building codes and related city
Ordinances. Performs inspection of all building construction
acitivities, nuisance complaints, and zoning violations.
Relationship
Reports to:
Planning Director
Specific Responsibilities
.
A. Administers building permit procedures.
~. Provides information concerning building permit
procedures and standards on a daily basis to residents,
businesses, developers, architects, and others involved
in building construction activities.
2. Establishes and maintains records of all building
permit inspections.
3. Determines charges for permits and collects permit fees
prior to issuance of permits.
.
B.
Reviews building plans for compliance with City building and
related codes.
~. Interprets building and related codes to determine
applicability to specific building and development
proposals. .
2. Works with residents, builders, architects, engineers,
etc. to assist with pre-construction planning and to
determine plan modifications necessary to comply with
codes.
C. Performs on-site inspections for all building construction
work, zoning violations, and nuisance complaints to
determine code compliance.
~. Inspection responsibilities include building setbacks,
footings and foundations, framing, plumbing,
mechanical, and final inspections.
Building Official/Inspector
page two
D. Enforces ~uilding and related codes.
1. Receives and investigates complaints concerning alleged
building code violations and zoning code violations as
directed by the Planning Director.
2. Determines whether or not code violations exist, and
meets with violators to inform them of specific
violations and necessary corrective measures. Issues
Building Code violation notices when necessary.
~ Reauirements
1. Education - High school graduate with college coursework in
building inspection technology, architecture, engineering,
or related fields.
2. Certification by the state of Minnesota as a qualified
Building Official and valid Minnesota driver's license is
necessary.
3. Experience - A minimum of two (2) years of related
experience. Educational or work experience in building
construction trades.
~
4.
Administers the Building Official duties in a sound,
businesslike manner which commands the respect of the public
as well as other City personnel.
5. Ability to handle public contact with tact and
effectiveness.
6. Monitors the activities of the state Building Code Division
and keeps current on changes to state laws and codes
pertaining to construction.
7. Keeps current on changes and innovations in construction
techniques and materials.
8. Some experience with basic computer programs and equipment.
9. Ability to work effectively and harmoniously with others
under a minimum of supervision with varying demands.
position: FINANCE DIRECTOR/TREASURER
Ob;ective and Scope
To plan, devel'op and supervise city financial functions in order to
provide efficient, . effective and accurate accounting and control
systems for the city.
Relationships
Reports to:.
city Administrator
supervises:
All personnel associated with accounting and
finance functions
Specific Responsibilities
.
1. Administers financial activities and accounting operations of
the city.
A. Supervises all accounting functions, including cash
records and control, receivables, payables, subsidiary
reports and invoices.
B. Performs cash flow analysis and supervises bank
transactions.
c. Prepares and distributes monthly financial statements.
D.
Prepares and provides quarterly financial reports and
statements to city council.
D.
Supervises accounting functions
operations.
for
city
liquor
.
E. Reviews purchase orders and disbursement requests for
compliance with City budget..
F. Maintains financial ledgers, journals and subsidiary
reports.
G.
supervises operation maintenance
accounting system.
of
computerized
2. Invests surplus city funds according to legally approved
investment policies and guidelines. Maintains detailed
records of investments.
A. Anticipates City cash and liquidity needs and invests
funds to provide necessary cash flow.
B. Maintains the safety of invested funds while maximizing
returns on investments in compliance with investment
policies and guidelines. .
3. Supervises all payroll and personnel functions.
A. Supervise the preparation of payroll checks for all City
employees, and the maintenance of payroll records.
B. supervises preparation of withholding reports and
deposits, and all monthly, quarterly and annual reports
as required by law.
C. Maintains employee personnel records and forms, and the
computerized payroll/personnel system.
.
D.
Administer employee benefit packages and programs and
recommends system improvements.
4. supervises the City utility billing function.
A. Supervises preparation of quarterly utility billing and
maintenance of computerized utility billing system.
5. Wi th City Administrator, coordinates preparation .of annual
budget based upon goals and objectives of city council.
A. Prepares and manages Finance Department budget.
B. Responsible for financial projections and budget
estimates as required.
.
with City Administrator, annually reviews and updates city
Capital Improvement Financing Program.
7. Coordinates city risk management functions and administers all
City insurance programs and policies~
6.
8. Coordinates annual audit and preparation of year end reports.
A. Prepares year end detail for Comprehensive Annual
Financial Report (CAFR).
B. Schedules annual audit and prepares work papers,
summaries and all other information required. by auditors.
C. Provides audit and CAFR to ci ty Council along with a
summary of City's year-end financial status.
9. Plans and coordinates city data processing and computer system
needs.
10. Manages city special assessment procedures and records.
A. Coordinate with city Engineer the preparation of special
assessment rolls. .
11. Monitor and draft legislation as it pertains to financial
operation of the city.
A.
Inform City council of impending or adopted legislation.
,
B. Draft ordinances, amendments and resolutions.
12. supervise staff assigned to~ or associated with, the city
Finance Department.
A.
Evaluate, through periodic review, performance of Finance
staff.
.
B.
Responsible for professional development of Finance
staff.
13. Performs and provides financial analyses and reports to the
City council, Commissions, and city Administrator. Attends
meetings as requested.
14. other duties as assigned.
Reauirements
1.
Education:
Bachelors Degree in Accounting, Finance,
Business Administration, or related field, or
equivalent combination of education and.
experience. .
.
2..
Experience:
Minimum of three years in a responsible
municipal finance, or related, position, with
supervisory experience desired.
3. Thorough knowledge of state and federal regulations, policies
and procedures which apply to municipal accounting and
government finance.
4. Ability to perform analyses of detailed financial information
for presentation to the City councilor other group.
5. Ability to formulate, initiate and administer policies and
procedures which apply to municipal accounting and government
finance.
6. Knowledge of office systems and machinery, especially computer
and information processing systems.
7 . Abili ty to supervise and motivate Finance Department
personnel, and to delegate tasks to appropriate personnel.
S. Ability to work amicably with others in a small office
environm~nt.
rev. ~2.~O.92/ajr
. .
. .
position: senior Accountinq Clerk
Denartment: Finance Denartment
Relationship
Reports to: Finance Director/Treasurer
Snecific Resnonsibilities
1.
. A.
B.
C.
D.
E.
F.
G.
H.
.
2.
Payroll
,,-
Prepare monthly and bi-weekly payroll - collect time
sheets. Verify hours and distribute to proper account. .
Get City Administrator and Finance Director approvals for
office payroll.
Enter payroll data - operate, monitor, control computer
according to established routine for payroll applications.
Run corresponding reports and payroll checks.
Maintain payroll records, deductions and benefit files.
Prepare and submit payroll reports for Federal and state
governments, PERA, and for deductions.
Record payroll transactions to the accounting system.
Prepare and submit all quarterly and yearly reports
related to payroll, including W2 and 1099 information.
Respond to all inquiries related to payroll.
Accounts Payable
.
A. Sort, verify, and confirm incoming invoices and
statements.
B. verify authorization for charges.
C. Prepare list for council Approval.
D. Verify bills with list approved by Council.
E. Code disbursements to the proper account based on Chart
of Accounts and Approved Budget.
F. Enter disbursements into accounting system and print
checks and corresponding reports.
G. Prepare checks for distribution.
H. File vouchers and claims.
I. Prepare checks for monthly financial statements.
J. Respond to all inquiries related to accounts payable.
3. Receipts and Deposits
A. Deposit cash receipts daily.
B. Receipt more difficult transactions.
C. Data entry of daily receipts in computerized accounting
system.
D. Run appropriate reports from computerized accounting
system.
4. Liquor operations
A. preparation of liquor fund payables'.
B. Code'.disbursements to proper account, calculate discount.
C. Enter disbursements into accounting system.
D. Prepare checks for distribution.
F. Maintain Liquor Detail of Sales and enter deposits into
accounting system.
G. Prepare and submit all government reports related to
liquor operations. .
H. Monthly-prepare payables for financial statement.
I. Re"spond to inquiries by vendors and liquor management
related to paYroll and payables.
. 5.
utility Billing
A.
B.
C.
D.
E.
F.
G.
H.
I.
. J.
K.
Create and update customer account files/records/meter
books.
Data entry of meter readings for quar.terly and final
billings.
Review and verify billing edit reports for accuracy and
unusual consumption and make necessary changes.
Prepare, run, sort and mail utility bills.
Post daily receipts.
Prepare delinquent account data and apply delinquent
penalties. '
Prepare utility shut-off notices and related reports.
. Coordinate with utility company for water shut-offs.
Prepare delinquent assessment rolls for tax
certification.
Prepare and mail individual assessment notices for
delinquent accounts.
Respond to all inquiries related to utility billing.
6. Other Duties
A.." Perform any accounting activity directed by the Finance
Director, including monthly billing of miscellaneous
accounts receivable.
B. Assist in budget prepartion. Enter budget data into
computer and run necessary applications.
c. Perform secretarial duties for Finance Director,
including statistical typing.
D. Prepare monthly reconciliations of bank statements.
E. Prepare necessary monthly journal entry transactions.
F. Prepare monthly financial statements and other necessary
reports.
G. Assist in maintenance and updating of computerized
accounting systems.
H. Assist Finance Director in maintenance of special
assessment records and in inquiries relative to special
assessments.
Reauirements
1.
Education:
Two years post high school education in
accounting and six months experience in
financial/governmental accounting or
equivalent.
2.
Some knowledge of municipal accounting proce~ures.
.
3. Ten key proficiency, typing of SO wpm, accurate statistical
typing, and secretarial skills.
4. Knowledge of and experience with operation of computerized
systems, and ability to implement and maintain computer
software and data.
5. Able to perform accounting work with a minimum of supervision,
involving extensive evaluation and ingenuity in planning and
carrying out assignments. Must meet daily, weekly, monthly,
quarterly, and annual deadlines.
Ability to handle contact with public with tact and
effectiveness.
6.
.
.
.
A Motion to Request Sewer and Water Service from the City of
Chanhassen
Applicant:
Location:
Judy Budreau
1030 Holly Lane
THIS ATTACHMENT WILL BE SENT UNDER SEPARATE COVER
..
31)
" '
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
CITY OF
SHOREWOOD
MAYOR
Barb Brancel
COUNCI L
Kristi S'tover
Rob Daugherty
Daniel Lewis
Bruce Benson
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
Mayor and City Council
Brad Nielsen
23 January 1993
Budreau, Pete and Judy - Request to Connect to Chanhassen Water and
Sewer System - ----
Property : 1030 Holly Lane
In the attached letter (Exhibit A), dated 7 January 1993, Mr. and Mrs. Budreau request
approval to connect their property (see Site Location map - Exhibit B, attached) to the
Chanhassen, sewer and water lines located in Holly Lane. Their statement that the most
buildable portion of the lot is the northwest comer is accurate. Consequently, connection to,
the Chanhassen services is considered appropriate and eliminates the need' to disturb the
wetland. -
We currently have no standard agreement with Chanhassen for requests such as these, other
than they would like to receive the requests officially through the CitY. For the last reqUest
of this nature, we entered into an agreement with the property owner.'~ Chanhassen then
approved the connection subject-to the terms of the agreement.
-
A draft agreement for this request is attached as Exhibit C. It is recommended that' the
Council authorize the City Administrator and Mayor to execute the agreement to be
forwarded to Chanhassen.
-----,
If you have any questions relative to this matter, please call me Monday prior to the meeting.,
~
cc: ~~rm'
Tim Keane -,
Joel Dresel
Paul I\rause
A Residential Community on Lake Minnetonka's South Shore
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Exhibit A
APPLICANT'S REOUEST LETTER
Dated 7 January 1993
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BOUNDARY SURVEY FOR:
BRUCE CONSTRUCTION CO..
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(ST ALBANS BAY)
..
WATER AND SEWER CONNECTION AGREEMENT
THIS AGREEMENT, made this _ day of , 1993, by and between
the CITY OF SHOREWOOD, a municipal corporation, (the "City") and Judy and Pete
Budreau of 1030 Holly Lane, Shorewood, Minnesota, (the "Applicant").
WHEREAS, Applicant has an interest in certain real property (the "Subject
Property") located in the City of Shorewood, County of Hennepin, State of Minnesota,
described as:
"Lot 1, Block 1, Minnelowa"
WHEREAS, the City owns a municipal water system which does not presently serve
the Subject Property; and
WHEREAS, the City owns a municipal sanitary sewer system abutting the property,
but connection of the Subject Property to said sewer would involve working within a
protected wetland; and
WHEREAS, the Applicant desires to interconnect with the Chanhassen Municipal
Water and Sewer Systems and pay to the City of Chanhassen connection charges therefor;
and
WHEREAS, the City is willing to permit Applicant to connect to the Chanhassen
Municipal Water and Sewer Systems provided that Applicant agrees to the provisions
contained herein.
NOW, THEREFORE, in consideration of the mutual contained covenants herein, the
parties agree as follows:
1. Applicant shall have the right to interconnect with the Chanhassen Municipal
Water and Sewer Systems and pay to the City of Chanhassen connection charges therefor.
2. All work involved in such interconnection will be done according to City
specifications and under City supervision and all expenses and costs connected therewith will
be paid by Applicant.
3. In the event that City extends the Shorewood municipal water system to serve
the Subject Property at some time in the future, Applicant agrees to pay any assessment in
connection therewith on the same basis as all other properties assessed at that time, and
Applicant herewith specifically agrees to waive any claims or defenses to said assessment
based upon a theory of no benefit because of the water connection allowed herein.
Exhibit C
DRAFT AGREEMENT
4. It is further agreed by and between the parties that this Agreement shall run
with the land and shall benefit and be binding upon their respective legal representatives,
successors and assigns.
5. That the Applicant records this Agreement with the Hennepin County Recorder
or Registrar of Titles within thirty (30) days of Chanhassen's approval of the connection.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
Applicant
ClT,~,0F ~OREWOOD ~
&J{J::I/ ~
Barbara 1. Bran , Mayor
Owner
CP
Jam C. Hurm, City Administrator/Clerk
~
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
, 199_, before me, a Notary Public within and
and
to me personally known, who, being each by me
duly sworn, did say that they are respectively the and
of the municipal corporation named in the
foregoing instrument, and that said instrument was signed and sealed on behalf of said
corporation by authority of its City Council, and said and
acknowledged said instrument to be the free act
On this day of
for said County, personally appeared
and deed of said corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this
, 199_, by
day of
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this
, 199_, by
day of
Notary Public
'-~
..
MAYOR
Barb Brancel
_ COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
. Bruce Benson
CITY OF
SHOREWOOD
575.5 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
/"
TO:
Mayor and City _Council
.
FROM:
Brad Nielsen
DATE:
19 January 1993
RE:
Spruce Hill - Extension of Deadline for Submitting Final Plat
----
FILE NO.:
405 (92.11)
By the attached letter (Exhibit A), Mr. Paul Kelley has requested a six-month extension to
the deadline for submitting a final plat for the Spruce Hill subdivision. He was granted
approval in June 1992 for a seven-lot plat of his proper:!Y located at 25110 Yellowstone Trail.
.
Based upon discussions with the developer, he intends to start construction of streets and
utilities this spring. His surveyor/engineer has begun submitting information for final plat
approval. It is anticipated that the final plat will be reviewed by the City Council in late
February or early March.
Approval of the extension is recommended.
If you have any questions relative to this matter, please do not hesitate to contact my office.
BJN:ph
cc: Jim Hurm
. Tim Keane
Joel Dresel
Paul Kelley
,
A Residential Community on Lake Minnetonka's South Shore
\
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.'-..'...../'
'J'-J- --
P.O. Box 1216
Minnetonka, MN 55345
December 16, 1992
.
City Council
City of Shorewood
5755 Country Club Drive
Shorewood, MN 55331
Attn: Brad Nielson
Dear Mr. Nielson:
We would like to request a six month extension of our preliminary approval on
Spruce Hill.
We have preliminary approval for financing the project, and would appreciate the
. extra time in the event we have any problems finalizing the financing.
v~urs.
./ /;~ -" /J
0t~~"
Paul B. Kelley
~hlb ~t A
JAN 19 '93 15:21 OSM MPLS, MN
P.2
./
/
Honorable Mayor alid City Council
City of Shorewood
5755 Country Club Road
Shorewoo~~ 55331
Q\Ub&
t WI. AsSocIates, Inc.
300 ?cm~ Place center
5775 wavzal.a Boulevard
MinneapOlis. fl.iN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5773
fnainccrs
ArChitec!s
Planners
Surv~yors
January 19, 1993
Re: Salt/Sand Bldg. Site Grading
Final Pay Request
City Project 91-51
OSM File 4590.15
.
Dear Mayor and Council Members:
Enclosed please find Pay Voucher #3, and a sample resolution accepting the referenced
project. This final pay request reflects the construction of the site fence and release of .
the retainage. Please note that the final fencing completed was much longer than
originally contracted for; this is beca'use the original contract called for fencing the
salt/sand storage building area only) witb fencing as finally constructed ringing the entire
site. This change was anticipated and budgeted for.
With the completion of the salt/sand building and this final payment for the site grading.
the budget for these items stands as follows:
.
Budget for the construction of the Salt/Sand storage building, site grading,
storm sewer, and fencing as approved by Council in Apri11992....~......................$ 162,050
Final construction cost for the above items.................................~.............................$ 158,652
Based on the above, and subject to receipt of proof of taxes and subcontractor payment
per the attached resolution , we recommend payment and final acceptance of the site
grading and appurtenant items as performed by Northwest Asphalt.
Sincerely,
ORR-SCHELEN-MA YERON
&AS~
4Dresel, P.E. LS.
City Engineer
..'1.....1 OpputlUnily t::mph)yer
3f
JAN 19 '93 15:22 OSM MPLS, MN
P.3
CONSTRUCTION PAY VOUCHER
Estimate Voucher Number: 3 Date:
OSM Project Number: 4590.15 Period Ending:
January 19, 1993
January 19, 1993
Project:
SALT/SAND FACILITY SITE GRADING
SHOREWOOD, MINNESOTA
CITY OF SHOREWOOD 91-51
Contractor: NW ASPHALT, INC.
1451 COUNTY ROAD 18
SHAKO PEE MN 55379
Contract Date:
Completion Date:
November 1, 1992
Work started:
Work completed:
Original Contract Amount
Total Additions
Total Deductions
Total Funds Encumbered
Total Work certified to Date
Less Retained Percentage
Less Previous Payments
Total Payments Incl This Voucher
Balance Carried Forward
81,064.50
23,000.00
-3,341.00
100,723.50
0.00%
105,115.95
0.00
85,323.16
.
105,~15.95
-4,392.45
APPROVED FOR PAntDrl', THIS VOUCHER
19,'92.'9
APPROVALS
ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
Pursuant to our field observation, as performed in accordance with our
contract, and based on our professional opinion, materials are
,-~atisfactory and the work properly performed in accordance with the plans
/"a: specifications and that the total work is:
00% pomple~ed as o~ January 19, 1993. .
',' ,,~"~ herby recolIlJnend payment of this voucher. '
signed: "JP.h.l /7';';/f7 ~.." 7&0 Signed:
Construction ObServer
NW ASPHALT, INC.
This is to certify' that to the best of my knowledge, information, and
belief, the quantities and values of work certified herein is a fair
approximate estimate for the period covered by this voucher.
Contractor;
Signed By
Title
Date:
CITY OF SHOREWOOD
, Checked By:
Approved for payment:
Authorized Representative
Date:
Date:
PAGE 1
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JAN 19 '93 15:23 OSM MPLS, MN P.5
RESOLUTION NO. -93
.
A RESOLUTION ACCEPTING THE CONSTRUCTION OF THE
SALT/SAND SITE GRADING AND APPURTENANT ITEMS
CITY PROJECT NO. 91..51
WHEREAS, the City of Shorewood has entered into a contract with Northwest
Asphalt for the construction of the salt/sand site grading and appurtenant items; and
WHEREAS, the Contractor has petitioned for final acceptance of the project based
on work performed to date; and
.
WHEREAS, a final inspection has been made by the City Engineer pursuant to
paragraph 43 of the General Conditions of said contract.
NOW, THEREFORE, BE IT RESOL YED that:
The City hereby accepts the work completed pursuant to said contract and the one year
guarantee provided for in paragraph 57 of the General Conditions shall commence as of the
date of this resolution., subject to the following items:
1.
The Contractor must make satisfactory showing that he has compiled with the
provisions of Minnesota Statues 290.92 requiring withholding State Income
tax; and
.
2. Evidence in the Form of an affidavit that all claims against the contractor by
reasons of the contract .have been fully paid or satisfactorily secured.
ADOP'IED BY 1HE CITY COUNCIL, of the City of Shorewood this 25th day of
January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
RESOLUTION NO. -93
A RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE
OF GENERAL OBLIGATION BONDS AND CALLING
A SPECIAL ELECTION. THEREON
BE IT RESOLVED by the City Council of Shorewood, Hennepin
County, Minnesota (City) in regular meeting assembled:
1. The City Council hereby finds and determines:
.
(a) That it is in the best interest of the health,
welfare, and safety of the City and its residents that the City
acquire, construct, improve and equip park, trail and recreation
facilities and related land to be used for the city's park and
recreation facilities (the Project) .
(b) That the City is authorized by the provisions of
Minnesota statutes, Chapter 475 (the Act) to issue its obligations
to finance the Project in whole or in part and to pledge its full
faith, credit and taxing powers to the payment of such obligations;
and
(c) That it is necessary and expedient to the sound
financial management of the affairs of the City that the Project be
financed in whole or in part by the issuance and sale of the City's
general obligation bonds pursuant to the Act in an amount not to
exceed $900,000.
.
2. The propositions for the issuance of the bonds will be
submitted to the voters of the City at a special election to be
held on Tuesday, March 9, 1993. The election will be held and
conducted in accordance with the laws of the state of Minnesota
relating to special municipal elections.
3. A notice of election in substantially the form attached hereto
as Exhibit A or sample ballot in substantially the form attached
hereto as Exhibit B, or both as the case may be, must be posted or
published by the City Clerk as follows:
(a) Written notice must be given to the County auditor
at least 30 days prior to the election;
(b) The notice of election must be published in the
official newspaper of the City at least two weeks prior to the
election;
(c) The notice of election and a sample ballot may be
posted in the office of the City Clerk ten days prior to the
election but in no event less than four days prior to the election;
and
36
(d). The sample ballot must be published in the official
newspaper at least one week. prior to the election; and
(e) The sample ballot must be posted at each of the
polling places on election day in accordance with Paragraph 5,
hereof.
4. The polling places and the respective judges for the
election will be those established by the city for special
elections. The polls will be open from 7:00 a.m. until 8:00 p.m.
5. The City Clerk is authorized and directed to prepare
paper ballots for the electiono for uoe 'I.,ri th the opticul OCuR .
electronic 70ting oyotelll, on 'I.;hitc or buff blue paper with black .
ink pursuant to the requirements of Minnesota StatutesT~ Section
206.90. The City Clerk will provide each polling place with at
least two sample ballots which are facsimiles of the ballot.
6. The City Council shall meet in the City Hall on
Wednesday, March 10, 1993, at 6:00 p.m. to canvass the results of
the election and to declare the results thereof.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this
25th day of January 1993.
Barbara J. Brancel, Mayor
ATTEST:
.
James C. Hurm, City Administrator
(dcletiono ;lre otrilceouto and additions are underlined)
.
.
ORDINANCE NO.
CITY OF SHOREWOOD
ORDINANCE ESTABLISHING CITY STORMWATER
UTILITY, RATES, AND CHARGES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, does
ordain as follows:
Section 1. FINDINGS AND DETERMINATIONS.
Subd. 1. In the exercise of its governmental authority and
in order to promote the public health, safety, convenience, and
general welfare, the City has constructed, operated, and
maintained a surface water management system (lithe systemll).
This Chapter is adopted in the further exercise of such
authority and for the same purposes.
Subd. 2. The system, as constructed, heretofore has been
financed and paid for through the imposition of ad valorem
taxes. It is now necessary and desirable to provide an
alternative method of recovering some or all of the future
costs of improving, maintaining, and operating the system
through the imposition of charges as provided in this Article.
Subd.3. In imposing charges, it is necessary to establish
a methodology that undertakes to make them just and equitable.
Taking into account the status of completion of the system,
past methods of recovering system cost, the topography of the
City and other relevant factors, it is determined that it would
be just and equitable to assign responsibility for some or all
of the future costs of operating, maintaining, and improving
the system on the basis of the expected stormwater runoff from
the various parcels of land within the City during a standard
rainfall event.
Subd. 4. Assigning costs and making charges based upon
expected typical stormwater runoff cannot be done with
mathematical precision but can only be accomplished within
reasonable and practical limits. The provisions of this
Chapter undertake to establish a reasonable and practical
methodology for making such charges.
Section 2. The City Code of the City of Shorewood is hereby
amended as follows by adding Chapter 905 titled Stormwater
Utility.
Section 905.01: PURPOSE.
The purpose of this section is to establish a
Shorewood/Lake System Stormwater Management Utility (SMU). The
following are the objectives of this special utility:
4
(a) Maintain and improve the present stormwater
management system.
(b) Improve the quality of water runoff to lakes
which helps recharge aquifiers, control lake levels, and
decrease erosion and sediment to lakes.
(c) Operate and maintain stormwater facilities to
protect people and property.
(d) Provide the resources to respond to small scale
emergency drainage issues affecting residents.
(e) Acquire land and/or construct stormwater
detention and retention sites.
(f) Direct water from street surfaces which saves
street maintenance costs.
.
(g) Encourage local watershed stormwater management
improvement projects by supplementing funding from local
watershed districts and other City sources.
Section 905.02: ESTABLISHMENT OF STORMWATER DRAINAGE UTILITY.
The municipal storm sewer system shall be operated as a
public utility pursuant to Minnesota Statutes, Section 444.075.
Pursuant thereto, the City establishes a stormwater drainage
utility and authorizes the imposition of just and reasonable
charges for the use and availability of storm sewer facilities
subject to the provisions of this Section and Minnesota
Statutes.
Section 905.03: STORMWATER UTILITY. RATES.
.
Subd. 1. Residential equivalent factor. Rates and charges
for the use and availability of the system shall be determined
through the use of a "Residential Equivalent Factor" ("REF").
For the purposes of this Section, one REF is defined as the
ratio of the average volume of surface water runoff coming from
one acre of land and subjected to a particular use, to the
average volume of runoff coming from one acre of land subjected
to typical single-family residential use within the City during
a "standard rainfall event." For purposes of this Chapter, a
standard rainfall event is defined as the 1-year, 24 hour
rainfall event of 2-3 inches as published by the u.S.
Department of Agriculture's "Minnesota Hydrology Guide."
Subd. 2. Stormwater drainage charges. In determining
charges the City Council shall by resolution establish a basic
system rate to be charged against one acre of land having an
REF of one. The charge to be made against each parcel of land
shall then be determined by multiplying the REF for the
parcel's zoning district classification times the parcel's
2.
acreage times the basic system rate. For land uses identified
as Classification 2 below, the charge to be made shall be
determined by multiplying the REF times the basic system rate.
The REF's for land uses within the City and the billing
classifications for such land uses are as follows:
Classification Land Uses
REF
1 Cemeteries, Parks, Golf Courses
0.70
2 Single-family and Duplex Residential
a. <30,000 sq. ft. lot
b. 30-50,000 sq. ft. lot
c. >50,000 sq. ft. lot
0.70
1.00
1.30
3
Public and Private Schools and
Institutional Uses
1.30
.
4
Multiple-family Residential and
Churches
1.70
5
Conunercial
2.30
Section 905.04: OTHER LAND USES.
Other land uses not listed in the foregoing table shall be
classified by the City Administrator or its designee by assigning
them to classes most nearly like the listed uses, based upon
estimated runoff volume for the standard rainfall event. An
appeal from the City Administrator's determination of the
property classification may be made to the City Council.
Section 905.05: ADJUSTMENT OF CHARGES.
.
The City Council may by resolution adopt policies providing
for the adjustment of charges for parcels or groups of parcels,
based upon land use data supplied by affected property owners,
which data demonstrates a runoff volume for the standard rainfall
event substantially different from the REF being used for the
parcel or parcels. Such adjustment shall be made only upon
reconunendation of the City Administrator and shall not be made
effective' retroactively.
Section 905.06: EXEMPTIONS.
Public street rights-of-way, public parks, public works
facilities, and other City property are exempt from stormwater
utility charges.
Section 905.07: PAYMENT OF CHARGE.
Subd. 1. Billing: Statements for charges for stormwater
utility use and service for a quarterly period shall be mailed to
each property owner or user on or before the tenth day and shall
3.
be due and payable on or before the last day of the months of
January, April, July and October following the quarterly period
covered by the statements.
Subd. 2. Delinquencies: After the last day of the month in
which paYment is due, a penalty of ten percent (10%) of the
unpaid account balance will be assessed and added to the amount
due on the account.
Section 905.08: ESTABLISHMENT OF TAX LIEN.
Any past due stormwater drainage fees in excess of ninety
(90) days past due on October 1 of any year may be certified to
the County Auditor for collection with real estate taxes in the
following year pursuant to Minnesota Statutes, Section 444.075,
Subd. 3. In addition, the City shall have the right to bring a
civil action or pursue legal remedies to collect unpaid charges.
Section 905.09: RECALCULATION OF CHARGES.
.
If a property owner or person responsible for paying the
stormwater drainage charge questions the correctness of such a
charge, such person may, upon application and documentation
including submission of a property survey, have the determination
of the charges recomputed by written request to the City
Administrator or its designee. Such request shall be made within
thirty (30) days of the mailing of the billing in question.
Section 3. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this day of , 199 .
.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
TJK:I07s
4.
RESOLUTION NO. - 93
A RESOLUTION OF SUPPORT FOR THE
LIGHT RAIL TRANSIT/INTERIM REGIONAL RECREATION TRAIL CORRIDOR
WHEREAS, the Suburban Hennepin Regional park District (Hennepin Parks) has entered into
a Permit Agreement with the Hennepin County Regional Railroad Authority (HCRRA) for the interim
use and management of light-rail transit corridors located between the cities of Hopkins and Chanhassen
and the cities of Hopkins and Victoria for regional recreational trail purposes; and
WHEREAS, this Trail Corridor, located between the cities of Hopkins and Victoria, traverses the
City of Shorewood and will benefit the citizens by creating an off-road transportation link and
recreational trail through the western suburbs which is proposed to eventually connect to the City of
Minneapolis as well as other Regional Trail Corridors in the Metropolitan Area; and
. WHEREAS, the City recognizes the advantages to the public in having the trail consistently
developed, signed and managed by one regional recreation agency with the cooperation of and in
coordination with local municipalities; and
WHEREAS, Hennepin Parks has in the operation of its regional parks, park reserves and the
North Hennepin Regional Trail corridor demonstrated its knowledge and experience in designing,
administering, and maintaining high quality and publicly responsive facilities in a manner that is
supportive of natural resources preservation and public safety; and
WHEREAS, the Shorewood Park Commission has reviewed the issue thoroughly and unanimously
recommended adoption of this Resolution.
NOW THEREFORE BE IT RESOLVED, that the City of Shorewood supports Hennepin Parks
development and cooperative management of the Light Rail Transit/Interim Regional Recreational
. Trail Corridors and will assist and coordinate its efforts with other communities along the Interim Trail
to provide the best possible experience for the citizens of Shorewood; and
BE IT FURTHER RESOLVED, that the City of Shorewood supports Hennepin Parks efforts to
secure federal, state and regional funding to complete the development of and initiate the operation of
these corridors in a timely manner; and
BE IT FINALLY RESOLVED, that the City supports the retention of recreational trail use of
the corridors as a joint use with the proposed future light-rail transit service.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 25th day of January, 1993.
ATTEST:
Barbara J. Brancel, Mayor
James C. Hurm, City Administrator
55
;,
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
~Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
,
DATE:
30 December 1992
RE:
C.U.P. - Freeman Park Maintenance Building
FILE NO.
-
405 (parks - Freeman)
BACKGROUND
~~
"
The design of the building is shown on Exhibit B. As can be seen the building is one
story high and measures 16' x 32'. Little League volunteers met with City staff to discuss
the design of the building, and patterned it after a prototype shelter building which has
been under consideration by the Park Commission.
The building is consistent with the style and materials of the shelter buildings which will
ultimately be provided i!1 the City parks. Walls are made of decorative break-off
concrete block. The roof is a hip design with. asphalt shingles.~ The location of the
structure is over 300 feet from the nearest residence. .
The proposed building is viewed as setting a desirable precedent for future park
buildings and should enhance the maintenance of the ball fields at the south end of the
park. Approval of the conditional use permit is recommended.
i~:'
cc: Jim Hurm
Tim Keane
Park Commission
A Residential Community on Lake Minnetonka's South Shore
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FREEMAN PARK MASTER PLAN
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MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
..Planning Commission, Mayor . and City Council
FROM:
Brad Nielsen
./
DATE:
30 December 1992
RE:
C.U.P. - Freeman Park Maintenance Building
FILE NO.
405 (parks - Freeman)
BACKGROUND
~
"
The design of the building is shown on Exhibit B. As can be seen the building is one
story high and measures 16' x 32'. Little League volunteers met with City staff to discuss
the design of the building, and patterned it after a prototype shelter building which has
been under consideration by the Park Commission.
The building is consistent with the style and materials of the shelter buildings which will
ultimately be provided i!l the City parks. Walls are made of decorative break-off
concrete block. The roof is a hip design with. asphalt shingles. The location of the
structure is over 300 feet from the nearest residence. ~
The proposed building is viewed as setting a desirable precedent for future park
buildings and should enhance the maintenance of the ball fields at the south end of the
park. Approval of the conditional use permit is recommended.
cc: Jim Hurm
Tim Keane
Park Commission
A Residential Community on Lake Minnetonka's South Shore
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COUNCI L
Kristi Stover
. Rob Daugherty
Daniel Lewis
Bruce Benson
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236
MEMO TO: Mayor and City Council ~
'FROM: James C. Hurm, City Administrator
I I f
. DATE: January 20, 1993 criJ
Recycling V
RE: Knutson Contract
As a follow up from our last City Council meeting I have polled the
other communities in our recycling group to see what their City
Councils have done with the Knutson counter proposal. The cities
of Wayzata, Excelsior, Minnetonka Beach, Mound and spring Park have
all approved the changes to the contract. It is a feeling of the
group that the change in the contract is justifiable. The proposed
change and the revenue sharing formula would allow us to receive
revenue sharing should the market change.
Therefore the recommendation is to go along with the other
communities in our consortium and approve the agreement change.
.
JCH.al
A Residential Community on Lake Minnetonka's South Shore
8
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'. ___ " vl:...~_ . .._:;
December 14, 1992
Mr. Jim Hurm
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
.
Dear Mr. Hurm,
This letter will confirm the meeting of the Lake Minnetonka Recycling Group (LMRG)
and Knutson Services on Friday, December 11, 1992. Our discussions affirmed the
LMRG stance for adjustments to existing reycling contract with mutual agreement being
reached on revenue sharing and collection fee revisions. The language to the
recycling contract shall be amended to read (the changes are in bold italics):
Section 2. Payment
Fees paid for curbside recyling services will reflect an adjustment of $.10 for collection
in 1993 and $.10 for collection in 1994.
. EXHIBIT A
.
Curbside - $1.80 per stop pe; month for weekly collection or $1.55 per
stop for obi-weekly collection during calendar year 1993 and
$1.90 per stop per month for weekly collection or $1.65 per
stop for bi-weekly collection during calendar year 1994.
Section 4. Revenue Sharing
Revenue sharing will be continued with section A and B being modified to read:
A. Knutson will pay to the City, on a monthly basis, 2/3 of the
exceeded ULSM price listed below.
t 0
GARBAGE and RECYCLING COLLECTIONS
Since 1961
Printed on recycled paper with soy ink.. . An Equal Opportunity Employsr
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"
ORDINANCE NO. 265
AN ORDINANCE.RELATING TO THE REGULATION OF TRANSIENT MERCHANTS,
SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES
Section 1. The City Council of the City of Shorewood hereby
establish Chapter 308 of the City Code of Ordinances and does
ordain as follows:
.
308.01 SCOPE AND PURPOSE. It is the purpose of this Ordinance to
protect the public health, safety, and welfare of the citizens of
the City of Shorewood by cot;::tbliohing controlling door-to-door
sales, and solicitations, transient merchandizinq, and qaraqe sales
throuqht the establishment of regulations and licensing
requirements for ;::tny peroon 'ilhether u. reoident of the City of
t::hore'iIOod or not, intending to conduct buoineoo tha.t io not of ;::t
perm;::tncnt n;::tture.
308.02 DEFINITIONS:
Unless the context clearly indicates otherwise, the words, terms
and phrases as used in Chapter 308 shall have the meanings set
forth in the following paragraphs:
Subd. 1 CANVASSER: Any person canvassing for funds door-to-door in
this City on behalf of a charitable, religious or non-profit
organization as defined in IRS Code Section 501 (c) (3).
.
Subd. 2 GARAGE SALES: Any isolated or occasional display and sale
of used personal property or home-crafted i terns conducted on
residential premises by the occupant or' on the premises of a
church. Garage sales shall include rummage sales, basement sales,
yard sales, porch sales, craft sales, and all other periodic sales
at a residential location or church.
Subd. 3 PEDDLER: Any person dealing in this City who travels
around from place to place, or street to street carrying or
transporting goods, or solicitation for all manner of wares,
services and merchandise, offering the same for sale or making
sales and delivering articles to purchasers.
Subd. 4 SOLICITOR: Any person who goes from place to place and/or
house to house soliciting or taking or attempting to take orders
for the purchase of any foods, wares or merchandise, including
magazines, books, periodicals or personal property of any nature
whatsoever for delivery in the future, or orders for the
performance of a service in or about the home or place of business,
such as furnace cleaning, roof repair or blacktopping.
Subd. 5 TRANSIENT MERCHANT: Any person, individual, partnership,
or corporation, whether principal, employee or agent, who engage
in, do, or transact any temporary or transient business in this
1
9A
City, either in one locality or travelling from place to place, in
this City, selling goods, wares, and merchandise; and who, for the
purposes of carrying on such business, hire, lease, occupy or use
a building, structure, vehicle, property, or other place for the
exhibition anq sale of such goods, wares, and merchandise.
308.03 LICENSE REQUIRED
It shall be unlawful for any person, firm, or corporation to engage
in the activities of peddling, soliciting, canvassing or transient
selling without first having obtained a license in compliance with
the provisions of this Ordinance.
A separate license shall be secured for each individual person
engaged as a peddler, solicitor, canvasser or transient merchant.
Where provisions of this chapter are more or less restrictive than ~
comparable provisions within any other portion of this code, rule
or regulation of the City, the more restrictive provision, rule or
regulation shall prevail. The City Administrator shall determine
which is more "restrictive" and appeals from such determination may
be made in the manner provided herein.
308.04 EXCLUSIONS
The City Administrator may determine that certain business
activities that have characteristics similar to those regulated by
this Ordinance may be exempt from the requirements of this
Ordinance. Specific exclusions include:
1. A solicitor or canvasser doing business by appointment. A bona
fide appointment is one made in advance, not one that is not merely
obtained by going door-to-door in conjunction with the taking of ~
orders, offering for sale or selling.
2. Solicitation of orders for future door-to-door delivery of
newspapers.
3. School children selling items to raise funds on behalf of non-
profit 'organizations which benefit children, including, but not
limited to schools, scouts, and organized youth groups.
4. Saiespersons selling goods to retail or wholesale stores or to
professional or industrial ~stablishments.
5. Any person selling or peddling the products of the farm or
garden occupied and cultivated by such person.
6. All persons or vendors involved in a community event the City
Council deems exempt.
~ Anv person canvassinq or solicitinq funds on behalf of a
bonafide political party.
2
~~. Garage sales, rummage sales, and craft sales, provided that:
a. None of the items offered for sale shall have been
obtained for resale or received on consignment for sale.
b. Any sale shall be conducted solely within the boundaries
of the property owned or occupied by the occupant who is
conducting the sale.
c. There shall be no more that four (4) garage sales
conducted at anyone residence during any period of twelve
(12) calendar months.
d. No garage or rummage sale shall be conducted during any
part of more than three (3) consecutive days.
.
e. No garage sale may be conducted before 8:00 a.m. or after
10:00 p.m.
f. Signage is limited to one (1) nonilluminated temporary
sign, not exceeding six (6) square feet in area, advertising
the garage sale, for which a sign permit is not required. The
sign may be displayed for the duration of the sale only.
308.05 NO FEE FOR CANVASSING - RELIGIOUS, POLITICAL, EDUCATIONAL
AND CHARITABLE ORGANIZATIONS
.
The fee imposed by this Ordinance does not apply to any
organization, society, association or corporation if such
organization is registered with the Secretary of State pursuant to
the provisions of Minnesota Statutes section 309.51 .52 309.515 if
such organization intends to solicit or have solicited in its name
money, donations of money or property or financial assistance of
any kind, or intends to sell or distribute any item of literature
or merchandise for which a fee is charged or solicited from persons
other than members of such organizations upon the streets, in
office or business buildings, by house to house canvass or in
p~blic places. To qualify for this exemption, the organization or
individual shall provide a sworn application in writing on a form
furnished by the City which shall include the following
information:
1. Names and addresses of the officers and/or directors of the
organization.
2. Name and purpose of the cause for which the license is sought.
3. The period during which the solicitation is to be conducted.
4. A complete list of those to do canvassing from outside the
South Lake Minnetonka Public Safety Department area giving
full name, address and date of birth for review and permit
approval by the Police Department.
3
308.06 LICENSE - APPLICATION
The application for the license provided in this section should be
made to the City Administrator by filing the annual license fee and
by completing.an application form or forms as provided by said City
Administrator. The application shall include, in addition to such
information as the City Administrator may require, the application
shall include:
1. Name of the applicant and all persons associated in business
in the City.
2.
Permanent
applicant,
applicant.
home
and
address and
permanent and
full
local
local address of
telephone numbers
the
of
3.
A brief written description of the nature of thebtisiness,
goods to be sold, and the applicant's method of operation.
.
4. If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
5. The length of time which the applicant intends to do business
in the City, with the approximate dates.
6. The location where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time
said application is filed, and the proposed method of
delivery.
7.
A photograph of the applicant, taken within sixty (60) days
immediately prior to the date of filing of the application,
which picture shall be two (2") inches by two (2") inches
showing the head and shoulders of the applicant in a clear and
distinguishable manner.
.
8. A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any
municipal ordinance, the nature, place and date of the
offense, and the punishment or penalty assessed therefor.
9. If a vehicle is to be used, a description of the same together
with license number or other means of identification.
10. A statement of the nature, character, and quality of the
goods, wares, or merchandise to be sold or offered for sale by
applicant, the invoice value and quality of such goods, wares,
and merchandise, whether the same are proposed to be sold from
stock in possession or by sample, at auction, by direct sale,
or by taking orders for future delivery.
11. Transient merchants shall include the addresses of all places
where the business is to be located along with written consent
4
of the owners or occupants.
308.07 ISSUANCE OF LICENSE
There may be a seven-day waiting period between the application and
issuance of the license during which period the city Administrator
and Police Chief or designated employee shall make such
investigation of the applicant's business moral character as he
shall deem necessary for the protection of the public good. The
license may be issued by the City Administrator when the foregoing
investigation is completed or within seven days of application,
whichever is earlier.
.
The issuance of the license shall be denied if the applicant has
been convicted of a felony, a misdemeanor involving moral turpitude
or a violation of Chapter 329, Minnesota Statutes, or of this
Chapter.
308.08 LICENSE FEE AND LICENSURE
Annual Fee - The annual license fee for engaging in a transient
business, peddling, or soliciting shall be established by ordinance
by the Shorewood City Council from time to time and shall be
payable at the time of application for a license. A license,
unless revoked, is for the calendar year or part thereof for which
it has been issued. License fees may not be prorated. Upon denial
of any application' for a license, the City shall refund 50% of the
annu.al fee paid.
308.09 REVOCATION
.
Permits and licenses issued under the provisions of this Division
may be revoked by the City Administrator for any of the following
causes:
(1) Fraud, misrepresentation, or false statement
contained in the application for license. .
(2)
Fraud, misrepresentation,
made in the course of
business.
or false statement
carrying on his
(3) Any violation of this Chapter.
(4) Conviction of any felony or of a misdemeanor
involving moral turpitude.
(5) Conducting the business licensed in an
unlawful manner or in such a manner as to
constitute a breach of the peace or to
constitute a menace to the health, safety, or
general welfare of the public.
Any such license may be revoked without notice if in the opinion of
5
Any such license may be revoked without notice if in the op1n1on of
the City Administrator or the Police Chief the good order of the
City requires such action.
308.10 APPEAL
Any person aggrieved by the action of the City or any person whose
license has been revoked without notice, may appeal to the City
Council by filing, within 14 days after notice of the action
complained of, a written statement setting forth fully the grounds
for appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the
person appealing by mailing to the address set forth on the
application written notice at least seven days prior to such
hearing.
308.11 LICENSE LIMITATIONS
.
1. All license holders are required to exhibit their licenses at
the request of any citizen.
2. No license issued under the provisions of this Ordinance shall
be used at any time by any person other than the one to whom it is
issued.
3 . No license holder, nor any person in their behalf, shall
shout, blow a horn, ring a bell or use any sound devices, upon any
of the streets, alleys, parks, or other public places of the City
or upon any private premises in the City.
4. It shall be the duty of any police officer of the City to
require any person seen peddling or engaging in like activities,
and whom is not known to such officer to be duly licensed, to
produce his license and to enforce the provisions of this ordinance .
against any person when in violation of the same.
5. Failure of any person, partnership, or corporation to comply
with any of the ordinances of the City or the laws of the State of
Minnesota shall be grounds for suspending or revoking a license
granted under this Chapter.
6. Door-to-door activities allowed under the provisions of this
Ordinance shall be restricted to hours between 9:00 am and sunset.
308.12 PEDDLERS. CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY
PLACARD
1. Any resident of the City who wishes to exclude peddlers or
solicitors from premises occupied by said resident may place upon
or near the usual entrance to such premises a printed placard or
sign bearing the following notice: "Peddlers, Canvassers, and
Solicitors Prohibited." Such placard shall be at least 3 1/2
inches long and 3 1/2 inches wide and the printing thereon shall
not be smaller than 1/2 inch in height. No peddler, canvasser or
6
solicitor shall enter in or upon any premises, or attempt to enter
in or upon any premises, where such a placard or sign is placed and
maintained.
2. No person other than the person occupying such premises shall
remove, injure or deface such placard or sign.
3. Violation of this section shall result in the revocation of a
duly issued license.
308.13 REGULATIONS - TRANSIENT MERCHANTS
.
1. Public Property - It shall be unlawful to sell or offer for
sale any goods, wares, or merchandise on any public lands or public
right-of-way within the City except as provided for in Section
902.02 of this code.
2. Private Property - No transient merchant shall sell or offer
for sale any goods, wares, or merchandise within the Commercial
zoning districts within the City from a stationary location on
private property without first obtaining a conditional use permit
pursuant to the provisions of Shorewood's Zoning Code. It shall be
unlawful to sell or offer for sale any goods, wares or merchandise
from a stationary location in any noncommercial zoning district.
308.14 VIOLATIONS AND PENALTIES
.
Any person, either as a principal or agent, who shall in any manner
engage in, transact any business as a convasser, solicitor,
transient merchant, or peddler without having first obtained a
license, or who shall conduct any sale, or who shall sell or offer
for sale any goods, wares or merchandise in violation of this
Ordinance shall be guilty of a misdemeanor, punishable by a fine of
not more tha $700 or by imprisonment for a period not to exceed 90
days, or both.
section 2. Summary approved. The City Council hereby determines
that the text of the summary of this Ordinance, attached hereto and
marked "Official Summary of Ordinance No. ", clearly informs
the public of the intent and effect of the Ordinance. The City
Clerk shall publish the title of this ordinance and the official
summary in the official newspaper of the City with notice that a
printed copy is available for inspection during regular office
hours at the office of the City Clerk.
section 3. This Ordinance shall be in full force and effect from
and after its passage and publication.
7
ADOPTED BY THE
Minnesota, this
CITY COUNCIL of
day of
the City of Shorewood,
, 199_
ATTEST:
James C. Hurm, City Administrator
Barbara J. Braneel, Mayor
otriJceouto ;:lre for deletion, and underline reflects additional
information inserted
8
.
.
.
.
CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO.
The following is the official summary of Ordinance No. ,
approved by the City Council of the City of Shorewood, Minnesota,
on , 1993:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA, ESTABLISHING
CHAPTER 308 OF THE CITY CODE OF ORDINANCES RELATING
TO THE REGULATION OF TRANSIENT MERCHANTS, SOLICITORS,
PEDDLERS, CANVASSERS AND GARAGE SALES.
The Ordinance established definitions for businesses of an
non-permanent nature, establishes licensing requirements for
persons or businesses engaged in the activities of peddling,
soliciting, canvassing, or transient selling within the City of
Shorewood. The Ordinance provides exclusions for certain non-
permanent businesses including school children selling items on
behalf of non-profit organizations and limited garage sales. The
Ordinance establishes a fee, license application procedures,
revocation procedures and penalties for violations.
A printed copy of the Ordinance is available for inspection by
any person at the Office of the City Clerk and at the Excelsior
Library.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
9
.
.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 902.02 SUBD.6,
PARKS AND RECREATION AREAS
Section 1. The City Council of the City of Shorewood hereby amends
Section 902.02 Subd. 6 of the City Code of Ordinances and does
ordain as follows:
902.02 Subd. 6: Soliciting Sales: Sell, Dolioit or conduct any
Commercial enterprise unless authorized by written permit from the
City Council.
Section 2. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY
Minnesota, this
THE CITY COUNCIL
day of
of
the ci ty of
, 1993.
Shorewood,
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
9B
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 263 - SETTING FEES
Section 1. 1300.02 of the Shorewood City Code is amended as
follows:
.
Tvpe of Charqe/Fee
city Code
Reference
Charqe/Fee
Transient Business,
Peddling or Soliciting
308.08
$50.00
section 2. This ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the city of Shorewood,
Minnesota, this 25th day of January 1993.
Barbara J. Brancel, Mayor
. ATTEST:
James C. Hurm, City Administrator
~c
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: Mayor and City Council
. FROM: Brad Nielsen
DATE: 20 January 1993
RE: Tax Forfeited Property
FILE NO.: Property - 21445 State Highway 7
The subject property is zoned C-1, Neighborhood ConVep.ience Commercial and contains
approximately 128,000 square feet of area (2.94 acres). It is currently occupied by a
nonconforming billboard and a city sewer lift station.
Although the fmal design for upgrading the Christmas Lake Road intersection has yet to be
determined, it is likely that any redesign will use a substantial portion of the dry portion of
the property. Exhibit B shows the alternative intersection design (#4) which wasprepared by
MNDOT and approved by Shorewood.
The property does not show up on Shorewood's Wetland map, however, this is viewed. as an
oversight. As can be seen on Exhibit B, nearly half of the site is low and wet. Cattails on .
the site provide further evidence of marshy conditions. --
A Residential Community on Lake Minnetonka's South Shore
10
'"
Re: Tax Forfeited Property
21445 State Highway 7
20 January 1993
, ~.
The attached draft resolution (Exhibit C) has been prepared for submission to Hennepin ~
County .
-
If you have any questions relative to this matter, please call me prior to Monday night's
meeting.
BJN:ph
cc:
Jim Hurm
Tim Keane
Joel Dresel
.
.
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- 2 -
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Exhibit A
SITE LOCATION
o
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. r "".II;'-.......
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Exhibit B
PROPOSED INTERSECTION (ALT 4)
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---
.
.
.
.
RESOLUTION NO.
APPLICATION FOR CONVEYANCE OF
TAX-FORFEITED LANDS FOR PUBLIC PURPOSES
WHEREAS, property located within the City of Shorewood bearing PID No. 35-117-
23-13-0010 is currently on the Hennepin County Property Tax Forfeited Land list and subject
to sale by auction in the Spring of 1993; and
WHEREAS, the City of Shorewood does find that there is a public need to use
property bearing PID No. 35-117-23-13-0010 for road and drainage purposes, and such need
requires that the property be transferred to the City of Shorewood to be used as and for such
public purpose.
NOW, THEREFORE,' BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Hennepin County Board of Commissioners is requested to remove
from the tax-forfeited land sale list set for Spring, 1993, land bearing PID No. 35-117-23-13-
0010, being a parcel of approximately 2.9 acres located within the borders of the City of
Shorewood and described as follows:
"Lot 145, Auditor's Subdivision No. 120"
2. That the City of Shorewood proposes to use the property for a public purpose,
to wit: road right-of-way and drainage.
3. That a certified copy of this Resolution be transmitted forthwith to the
Hennepin County Commissioners.
ADOPTED- BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
(
Exhibit C
DRAFT RESOLUTION
\\ \'\ \ C\~
DAVID CARLSON
COMPANIES INCORPORATED
8915 GARLAND COURT, EDEN PRAIRIE, MN 55347-2428
(612) 934-4853
Janua,y 15, 1993
City of Sho,ewood
5755 Count,y Club Road
Sho,ewood, MN 55331
. Dea, Mayo, B,ancel, and Hono,a~ Council Membe,s:
It is my unde,standing that questions have
p,oposed plat of the Wate,fo,d Townhomes.
we have p,oposed is viitually identical to
,eco,ded by T,ivesco p,eviously.
a,isen rega,ding my
As you know, the plat
that app,oved and
My company is the pu,chase, of this p,ope,ty, and ou, intention
is to develop it in the manne, pieviously app,oved by the City.
In ou, meetings with B,ad Neilsen, we have enhanced the p,evious
plat to save a group of trees on the easterly side of the
p,ope,ty.
.'
In sum, we a,e ve,y excited about the oppo,tunity to develop the
Wate,fo,d Townhomes in the manne, in which we have advanced ou,
final plat ,equest. We have ca,efully ,eviewed the o,iginal
plat, and ou, cu"ent plat, and feel that we would ,equest no
changes in ou, final plat ,equest.
I t,ust this lette, answe,s any questions you may have about au,
p,oposal.
~
David R. Ca,lson, P,esident
DAVID CARLSON COMPANIES, INC.
I ,
..1 .
.l\fEM:ORAi'WUM
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
TO:
1500 Norwe.c Financial Canter
7900 Xerx.. Av.nu. South
Bloominilon, MiMelOl& 55431
(612) 835-3800
FROM:
DATE:
Mayor Brancel
City Council Members
James C. Hur.m, City A~~inistrator
Tim Keane, City A~torney~
January 6, 1993
Waterford III Addition
RE:
.
.
The Planning Department was recently contacted by representatives
of Trivesco and David Carlson Companies, with a final plan for
development of t~e residential component of the Waterford III
Addition. I have been asked to review and address procedural
issues as it relates to this proposed submittal.
It is my understanding that the final plan proposed by David
Carlson Companies, provides for a final plat and residential
development that complies with the previously approved planned
unit development (POD) for Waterford Phase III approved by
Resolution No. 100-90, passed September 10, 1990. The final plat
for this portion of Waterford III Addition was approved by the
City Council April 30, 1991. That final plat included the
.platting of two lots for a residential twin home and a large
outlot for subsequent final platting.
The overall development plan for Waterford Phase III is
controlled by the POD Agreement Waterford Phase III dated May 30,
1991 (the Agreement). David Carlson Companies .and Trivesco were
advised that although the final development plan presented to the
Planning Department complied with the provisions of the overall
PUD plan and Agreement, the POD Agreement also provided for a
schedule for the commencement of development for installation of
utility improvements. The developer was advised that the
proposed final plan submittal was not consistent with the
schedule of work set forth in section 6 which states in part:
Schedule of Work. It is understood and agreed that the work
shall be performed in multiple stages. The first stage of
residential development shall commence with the construction
of a two-family dwelling in the residential portion of the
project. Such construction shall commence before or during
fall, 1991. The residential portion of the project shall be
completed in four or fewer stages.
I I
In response to this issue raised by the City, Jeremy Steiner
submitted the enclosed letter of December 17, 1992, on behalf of
Trivesco. In that letter, Trivesco suggested that, in effect,
the deadlines. in paragraph 6 of the PUD Agreement were suspended
pending the consideration of the Ryan/Byerly's development
proposal. Trivesco further noted that the City, in its letter of
August 21, 1992, requested Trivesco to comply with the
installation paYment of $15,000 for park dedication as required
under the PUD Agreement. Trivesco submitted paYment as required
under the PUD Agreement. Pursuant to the Agreement, a final
installment of $15,000 is scheduled to be paid June 1993.
Trivesco submitted a request for an amendment to the PUD
Agreement for Waterford Phase III by way of letter dated
December 28, 1992 (see attached). That amendment, as proposed,
would amend only the "schedule of work" to permit commencement of .
construction with the residential oortion of the project in the
spring of 1993. The "schedule of.workll for the commercial
development would commence by the spring of 1995. The schedule
for installation of the watermain to the Shady Hills Municipal
Water System would be completed by December 31, 1993.
I have advised the developer and planning staff that approval of
the requested PUD amendment would be required prior to
consideration of the final plat. I have further advised that the
approval of the PUD amendment would require the same approval as
that of the original POD and agreement -- by four-fifths vote of
the City Council.
In the event the City Council does not approve an extension of
the PUD Agreement, the Council should, in the alternative, direct
the preparation for adoption of a resolution repealing tpe PUD .
approval. Shorewood Code of Ordinances Section 1201.25, Subd.
6(c) (5) provides in part ". . . In any case where Development
Plan approval expires, the Council shall forthwith adopt a
resolution repealing the General Concept Plan approval and the
Development Stage Plan approval for that portion of the PUD that
has not received Final Plan approval and reestablishing the
zoning .and other ordinance provisions that would be applicable."
This matter will be considered for discussion and possible action
at the City Council meeting of January 11, 1993. Should you have
any questions, please feel free to contact me at 896-3203.
Enclosure
TJK:JD6s
RESOLUTION NO. - 93
RESOLUTION APPROVING ADOPTION OF AN AMENDMENT
TO THE PLANNED UNIT DEVELOPMENT AGREEMENT
FOR WATERFORD PHASE III
WHEREAS, the City Council, by Resolution 99-89, passed
November 20, 1989, granted development stage approval for Waterford
Phase III, and preliminary plat approval for a plat of the
Property, said plat to be known as Waterford III Addition; and
WHEREAS, the City Council, by Resolutio'n 100-90, passed
.
September 10, 1990, approved as revised preliminary plat for
"Waterford III Addition" and development stage plan for Waterford
Phase IIIj and
WHEREAS, the City and Developer entered into a Planned Unit
Development Agreement for Waterford Phase III dated May 30, 1991;
and
WHEREAS, the Agreement provided for the commencement and
completion of certain tasks in section 6 of that Agreement titled
"Schedule of Work"; and
.
WHEREAS, Developer has re~~ested an extension of the schedule
for commencement and completion of certain tasks pursuant to that
Amended Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood to approve the amendment to the Planned Un1t
Development Agreement attached as Exhibit A and incorporated as
part of the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of
Shorewood this 11th day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurrn, City Administrator
---""'.......
...
, \
AMENDMENT TO PLANNED UNIT
DEVELOPMENT AGREEMENT
WATERFORD PHASE THREE
The undersigned, TRIVESCO, Minnesota general partnership
("Developer"), and the City of Shorewood, a Minnesota municipal
corporation ("City") hereby agree to amend that certain Planned
Unit Development Agreement, Waterford Phase Three (the "PUD
Agreement"), dated May 30, 1991, as follows:
1. Paragraph 6 of the PUD Agreement is hereby deleted and
replaced with the following:
6. SCHEDULE OF WORK. It is understood and agreed that the
work shall be performed in multiple stages. The first .
stage of residential development shall commence with
the construction of a two family dwelling in the .
residential portion of the Project in the spring of
1993. The first stage of commercial development shall
commence during the spring of 1995. Developer agrees to
connect the proposed watermain which is to be installed
during development of the multi-family residential
portion of the Project, to the Shady Hills municipal
water system on or before December 31, 1993.
Construction of the ground water detention pond shqwn
on the grading, drainage and erosion control plan
attached hereto as Exhibit D shall be completed during
the construction season of 1993. Prior to the
commencement of each stage of development, the
Developer shall submit a written schedule in the form
of a bar chart indicating the proposed progress
schedule and order of completion of work within the .
stage. Upon receipt of written notice from
the Developer of the existance of causes over which
the Developer has no control, which will delay
the completion of the work, the City, at its
discretion, may extend the dates specified for
completion.
I
2. The PUD Agreement shall remain in full force and effect in
all of its terms, covenants and conditions, except as expressly
modified by this Amendment.
I \
EXHIBIT A
VESELY, MILLER & STEINER
PROFESSIONAL ASSOCIATION
ATIORNEYS AT LAW
~ERRE A. MILLER
JEREMY S. STEINER'"
WYNN CURTISS
400 NORWEST BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
JOSEPH C. VESELY (1905-1989)
. Real Properly Law Spc<:ialisl,
certified by the Mmnc.ota Stat<:
Bar Association.
612-938-7635
FAX 612-938-7670
December 28, 1992
James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
BY FACSIMILE AND
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
~ Re: Waterford 3rd Addition
Dear Mr. Hurm:
Enclosed with is letter is a proposed Amendment to the Planned
Unit Development Agreement for Waterford 3rd Addition. It is my
understanding that this matter has been placed on the City Councils
Agenda for its January 11 meeting, and TRIVESCO is requesting the
Councils approval of the Amendment at that meeting.
Please have Tim Keane contact me prior to January 11 with any
questions or comments regarding the Amendment. You should also
notify me if I am incorrect in my understanding that this matter
has been placed on the Councils agenda for the January 11 meeting.
Very Truly Yours,
.
fr~~7 SI~~
Jeremy S. Steiner
cc: Randal Travalia, RODer-I: H. Mason, Inc. - By Facsimile
Timothy Keane, Esq. - By Facsimile
Paul N~ Steiner, Steiner & Koppelman
Mark Z. Jones, Highland Properties, Inc.
David Carlson, David Carlson Comapnies, Inc.
Enclosures
JSS/lz
In witness whereof, the undersigned parties have executed this
Amendment effective as of the day of , 1993.
TRIVESCO, a Minnesota general
partnership
CITY OF SHOREWOOD,
MINNESOTA
By Steiner & Koppelman, Inc.
A Partner
By:
Paul N. Steiner
Its Chairman
By:
Barbara J. Brancel
Its Mayor
By Robert H. Mason, Inc.
A Partner
And:
James C. Hurm
Its Administrator
.
By:
Randal W. Travalia
Its President
By Highland Properties, Inc.,
A Partner
By:
Mark Z. Jones III
Its President
.
.
.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing
day of
the Mayor
Shorewood,
subdiv-ision
instrument was acknowledged before me this ____
, 1993, by Barbara J. Brancel and James C. Hurm,
and Administrator, respectively, of the City of
Minnesota, a municipal corporation and political
of the State of Minnesota, on behalf of the City.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing
day of
and Koppelman,
Mason, Inc.
Properties,
partnership.
instrument
, 1993, by
Inc., Randal
and Mark Z.
Inc. on behalf
THIS INSTRUMENT WAS DRAFTED BY:
VESELY, MILLER & STEINER, P.A.
1011 First Street South
Hopkins, Minnesota 55343
Notary Public
was acknowledged before me this ____
Paul N. Steiner, Chairman of Steiner
W. Travalia, President of Robert H.
Jones III, President of Highland
of TRIVESCO, a Minnesota general
Notary Public
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:
Mayor and City Council
. FROM:
DATE:
Brad Nielsen
20 January 1993
RE:
Waterford 4th Addition - Final Plat
FILE NO.:
405 (93.01)
The final plat for Waterford 4th Addition (the {winhome portion of the P.D.D.) was
- originally scheduled for review at the 25 January City Council meeting. Before the staffs
review of the plat was completed, the twinhome developer, David Carlson, expressed an
. interest in having the City bond for the improvements, pursuant to Section 1202.08 Subd. 6.
of the City Code. Since a development agreement can not be completed until the method of
financing has been deterniined, approval of the plat at this time is premature~
.
The basic process for an assessment project is contained in the City's C.I.P. (see Exhibit A).
Starting with Monday night's meeting, following is a timeline for considering the developer's
request:
- 25 January .
· Developer submits petition signed by au. property owners (Exhibit B)
· Council adopts resolution declaring the adequacy of the petition and orders' feasibility.
. report (Exhibit C) \ . .
· -Developer submits escrow' to'cover cost of feasibility report (estimat~ $2000 - 3000)
8 February.. . _ .
· Council adopts resolution approving final plat and authorizing execution of the
. development agreement
Council accepts feasibility report
Council approves engineering agreement
Council adopts resolution ordering the project and directing preparation of plans and
specifications
.
.
.
A Residential Community on Lake Minnetonka's South Shore
/2..
Re: Waterford 4th Addition
Final Plat
20 January 1993
';
22 March,'., .
· COUIlcil adopts resolution approving plans and orders a9vertisement for bids
26 April
· Council adopts resolution accepting bid and authorizing execution of contract
'1 May
- · Construction can start
-- I
"-; ,
If there are questions relative to this process, please contact staff prior to Monday night' s
meeting.
'.
cc: Jim Hurmn
Tim Keane
Joel Dresel
David Carlson
Randy Travalia
-.
~,
~
J
-: t
"
~,
c ~
>/ '
-'-,-~
-"., ,
c\........~
- 2 -
1
J
J
I
]
]
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1
1
]
1
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]
I
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1
CI1Y OF SHOREWOOD
PUBLIC IMPROVEMENT PROCESS
FOR SPEC1AL ASSESSMENT PROJECTS
STAFF ACTIVITIES/TASKS
.
Prepare/Update capital
Improvement Program &
Budget or comment on
petitioned project
-.
Feasibility report;
prepare cost estimate,
project budget, and
schedule; determine
benefitted area and
proposed assessments
assessments
Mail hearing notices;
prepare engineering
agreement
Prepare plans & specs
Take bids, compare with
estimates
Prepare & execute
contract; initiate
& administrate
construction; prepare
final assessment roll
\" Prepare & mail hearing
notices
certify assessment to
County Auditor
,
Recommend
Reoort
. Reoort
APPENDIX I
CHY COUNCIL DECJS10NS
Modify/approve Caoital
Improvement progra~ & or
Budget,
or
Resolution declaring
adequacy of petition,
and
Resolution ordering
preparation of
feasibility report
Accept Report and call.\
for hearing
Hold public hearing on
the proposed project;
order the improvement
and preparation of plans;
approve engineering
agreement
Approve plans and order
advertisement for bids
Accept bid and authorize
contract
Accept work & call for
final hearing on proposed
assessments
Hold final assessment
public hearing
and
Adopt assessment roll
EXHIBIT A
. PETITION FOR LOCAL IMPROVEMENT
City of Shorewood
State of Minnesota
. 19
To the City Council of Shorewood, Minnesota:
WE, THE UNDERSIGNED OWNERS of all of the real property described as:
Lots 1 and 2. Block 1. and Outlot A. Waterford 3rd Addition
hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public
improvements:
Construction of storm sewer. sanitary sewer. watermain and streets
.
EACH OWNER FURTHER AGREES, in consideration of the City action at our
request to cause construction of the above-described improvement, to pay such sums as may
be determined by the City to be a fair and reasonable apportionment of the costs of said
improvement.
OWNER EXPRESSL Y WAIVES OBJECTION to the making of the improvement or
assessment of the cost thereof; waives the right to a publIC hearing to consider the
improvements; waives any claim that the amount thereof levied against owner's property is
excessive; and waives all rights of appeal in the courts.
Date
Signature
of Owner
Print Name
of Owner
Description of
Property
.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Examined, checked, and found to be in proper form and to be signed by the owner of
the above-stated quantity of property affected by the making of the improvement petitioned
for.
City Administrator/Clerk
EXHIBIT B
.
.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SHOREWOOD
A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION
. FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF
THE W ATERFORD 4TH ADDITION IMPROVEMENT OF 1993
WHEREAS, the City has received a petition (the Petition) requesting that the City
improve certain property by constructing sanitary sewer, storm sewer, watermain and streets
(the improvements); and
WHEREAS, the City has reviewed the Petition and identified the owners of the real
property abutting the streets named in the Petition and determined that the Petition has been
duly executed by the owners of 100% of the frontage of the real property abutting on the
streets named in the Petition as the location of the improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. The Petition is hereby declared to have been signed by the owners of 100 % of
the frontage of the real property abutting on the streets named in the petition as the location
of the improvements. This declaration is made in conformity to Minnesota Statutes, Section
429.035.
2. This Petition is hereby referred to the City Engineer who is instructed to
provide to the City Council a report advising, in a preliminary way, whether the proposed
improvement is feasible and whether the improvement should thus be made as proposed or in
connection with some other improvement and the estimated cost of the improvement as
recommended.
Passed and adopted this 25th day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
EXHIBIT C
i .--<~ ,-",,-',
5865 Strawberry Lane
Shorewood, MN 55331
December 27, 1992
Shorewood City' Council
5755 Country Club Road
Shorewood, MN 55331
RE: Petition to remove stop signs on Shorewood Oaks Dr.
Dear Mayor and Members of the City Council:
.
I was appalled when I reviewed the tape of the recent Shorewood
city Council meeting. First, let me apologize for not being
present to represent the concerns of the nearly forty citizens
that signed the petition. I was not informed of the agenda as
apparently the residents of Shorewood Oaks subdivision were. For
the council to state that the intent of the petition is to make
it easier to speed through the area is untrue, inaccurate,
boarding on slanderous, and totally unbecoming of elected
officials!
The nearly forty concerned individuals who petitioned the
Shorewood City council deserve an individual apology. We are not
scofflaws as the council members would depict us. Rather we are
concerned that the City of Shorewood is proceeding to modify
traffic patterns without adequate studies and understanding of
the overall concept of proper traffic planning.
without complete studies and planning we could end up without any
main thorough fares. Should we have stop signs on smithtown Road
at each and every intersection?
.
On behalf of the many concerned Shorewood residents who supported
the petition to remove the stop signs recently installed on
Shorewood Oaks Drive, I respectfully request the mayor and
members of the council to review their actions and properly and
professionally address the concerns of the petitioners. From my
viewing of the action at the Council meeting the actual issue was
not addressed and definitely was not professionally addressed.
I travel extensively in my work; however, if given adequate
notice I can be available to meet with the councilor planners to
review the overall traffic plan for Shorewood and any special
studies conducted for Shorewood Oaks Subdivision. I strongly
feel that a solid plan lays the ground work for responsible
decisions and also allows for growth. Please give this petition
proper reconsideration.
Sin~el
4~
Allan
13
CHECK APPROVAL LISTING FOR JANUARY 25, 1993 COUNCIL MEETING
CK NO
TO WHOM ISSUED
CHECKS ISSUED SINCE JANUARY 7, 1993
10702 (G) US Postmaster
10703 (G) Hamline University
10704 (G) City cty Credit Union
10705 used for ck 10684, which
10706 Void
10707 (G) Pera
10708 (G) Medcenters Health Plan
10709 (G) Medica Choice
10710 (G) Group Health, Inc.
10711 (G) League of Mn cities
~0712 (G) Mn Mutual Life
~713 (G) Commercial Life Ins.
10714 (G) Mn Dept of Revenue
10715 (G) Airsignal, Inc.
10716 (G) Randie Berg
10717 (G) Wendy Davis
10718 (G) Hardrives, Inc.
10719 Void
10720 (G) League of Mn cities
10721 (G) Mn Pollutn Control Agcy
10722 (G) State Treasurer
10723 (L) Mn Sun Publications
10724 (G) Minnegasco, Inc.
10725 (G) Mn Mayors Assoc.
10726 (G) City of Mound
10727 (G) Bradley Nielsen
10728 (G) Northern States Power
~729 (G) Northern States Power
~0730 (G) Joseph Pazandak
10731 (G) Pepsi-Cola Company
10732 (G) Kenneth N. Potts
10733 (G) Schmitz and Sons, Inc.
10734 (G) Mrs. Dorothy Smith
10735 (G) So Lk Mtka Pub Safety
10736 (G) Superamerica
10737 (G) US West Communications
10738 (G) WMI Services of Mn
10739 (L) Bellboy Corporation
10740 (L) Boyd Houser Candy/Tobacc
10741 (L) Cash Register Sales
10742 (L) Midwest Coca-Cola'
10743 (L) Day Distributing
10744 (L) East Side Beverage Co.
10745 (L) Griggs, Cooper and Co.
10746 (L) Hoops Trucking
10747 (L) Johnson Brothers Liquor
10748 (L) Natl Guardian Sercurity
10749 (L) Harry Niemela
10750 (L) North Star Ice
10751 (L) Pepsi-Cola Company
(Continued next page)
PURPOSE
Utility billing postage
Course regist-J Hurm
Payroll deductions
was voided
Empee addtl life ins
Jan health insurance
Jan health insurance
Jan health insurance
Jan dental insurance
Jan disability insurance
Jan life insurance
Third qtr water connect fee
Beeper services
Parks mileage
Sec 125 reimbursement
Payment voucher 8/final
Conf regist-B Benson
Seminar-Niccum, Johnson, Randall
certification fee-L Niccum
Advertising
Utilities
1993 dues
1st qtr fire contract
Sec 125 reimbursement
Street light utilities
Utilities
Mileage-film processing
Pop machine rental
December prosecuting fee
Payment voucher 3/final
Release of escrow
Jan contract payment
Gasoline purchases
Telephone services
Waste removal
Liquor purchases
Misc and supplies purchases
Cash register maint
Misc purchases
Beer and misc purchases
Beer and misc purchases
Liquor,wine,misc purchases
Liquor and wine purchases
Liquor and wine purchases
Security system charge
Jan rent for store I
Misc purchases
Misc purchases
-1-
AMOUNT
386.42
780.00
950.00
42.00
1,021.40
4,383.16
1,192.44
403.00
85.50
49.63
1,003.00
9.58
7.00
140.00
77,260.73
125.00
210.00
15.00
100.80
46.00
10.00
1,146.27
140.00
1,833.19
2,712.79
45.24
10.65
1,458.33
600.00
150.00
32,468.65
282.70
153.87
395.00
4,820.32
3,906.02
77.00
534.90
6,907.30
10,032.76
5,146.49
616.00
'1,364.45
315.48
1,664.00
171.00
220.85
Ib
CHECK APPROVAL LISTING FOR JANUARY 25, 1993 COUNCIL MEETING
CK NO
TO WHOM ISSUED
PURPOSE
CHECKS ISSUED SINCE JANUARY 7. 1993 (Continued)
10752 (L) Ed Phillips and Sons
10753 (L) Pogreba Distributing
10754 (L) Qualit Wine/Spirits
10755 (L) Ryan Properties
10756 (L) Thorpe Distributing
10757 (L) Weekly News, Inc.
10758-used for check 10694 on last
10759 (G) US Postmaster
10760 Void
10761 (G) First State Bank
10762 (G) Commiss of Revenue
10763 (G) Pera
10764 (G) ICMA Retirement Trust
10765 (G) AFSCME Local #224
10766 (G) Child Support Enforce.
10767 (G) Anoka cty Spt/Collect.
10768 (G) Pera
10769 (G) AFSCME Council 14
10770 (G) Interntl Inst/Mun Clerks
10771 (G) US Postmaster
10772 (G) Mn Polltn Ctl Agcy
10773 (G) Mn State Treasurer
Liquor and wine purchases
Beer and misc purchases
Liquor,wine,misc purchases
Jan rent for store II
Beer and misc purchases
Advertising
list-ck 10694 was voided
Newsletter postage
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Jan Delta Dental
1993 dues-Latter, Niccum
Postage for machine
Course regist-J Lugowski
Exam fee-J Lugowski
TOTAL GENERAL
TOTAL LIQUOR
TOTAL CHECKS ISSUED
-2-
AMOUNT
3,643.57
3,295.45
1,042.63
2,400.00
8,838.30
512.00
392.37
6,189.62
1,003.60
1,965.23.
636.28
134.40
87.50
110.59
25.00
224.00
100.00
750.00
70.00
15.00
141,220.14
55.609.3.
196.829.46
CK NO
CHECK APPROVAL LISTING FOR JANUARY 25, 1993 COUNCIL MEETING
CHECKS FOR COUNCIL APPROVAL
TO WHOM ISSUED
10774
10775
10776
10777
10778
10779
10780
10781
10782
10783
.
10784
10785
10786
10787
10788
10789
10790
10791
10792
10793
10794
10795
10796
10797
Ao798
~0799
10800
10801
10802
void
American Natl Bank
Browning-Ferris Indust
Cargill Salt Division
Rolf E.A. Erickson
Feed Rite Controls
Gopher State One-Call
Henn cty Treasurer
Hopkins Parts
Larkin, Hoffman...
Metro Waste Control
Mn Sun Publications
Mtka Public Schools
Wm Mueller and Sons
Munici-Pals
Munitech, Inc.
Navarre Amoco
Navarre True Value
Norwest Banks
Pitney Bowes
Research Quik
Rochon Corp.
So Lk Mtka Pub Safety
Time Saver-Secretarial
City of Tonka Bay
Total Printing Services
Twin City Water Clinic
Wagers, Inc.
Ziegler, Inc.
PURPOSE
AMOUNT
princ/interest on bonds
Satellite rental
Steet supplies/ice control
Feb assessing fee
Demurage charge
One-call services
Nov prisoner expense
Vehicle maint supplies
Nov legal fees
develop.
general
pw site
church rd
Jan/Feb contract
Publishing
1993 Community Ed program
Street supplies/ice control
1993 dues
Feb contract payment
Tire repair
Maint suppies
Fees on go imp bond 12/84
Postage machine rental
Research services(parks)
Payment voucher #7
Feb contract/Oct-Dec ot
Planning cornrniss minutes
Crescent Beach/lift stn expenses
Inspection slips
Dec water testing
Typewriter maint
Cutting edges
90.00
4524.33
216.00
586.80
payments
TOTAL CHECKS FOR APPROVAL
TOTAL CHECK APPROVAL LIST
-3-
299,473.75
173.87
1,416.56
3,098.00
35.00
2.50
256.00
308.81
5,417.13
61,591. 34
344.38
2,090.00
1,863.04
. 10.00
6,200.00
8.00
102.66
200.00
83.07
37.50
32,935.50
33,066.40
126.00
241.14
153.65
20.00
65.00
243.50
449.562.80
646.392.26
CHECK APPROVAL LISTING FOR JANUARY 25, 1993 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS
CHECK REGISTER FOR JANUARY 4, 1993 PAYROLL
206937 Void
206938 (G) Bruce Benson Council
206939 (G) Barbara Brancel Mayor
206940 (G) Robert Daugherty Council
206941 (G) Daniel Lewis Council
206942 (G) Kristi Stover Council
AMOUNT
184.70
233.87
184.70
184.70
184.70
TOTAL PAYROLL
972.67
-4-
.
.
"J A N - 2 1 - 9 :3 T H U 1 5 : :3 7" ROB E F.: T H _ MAS 0 N .. I N C -
P _ 01
ROBERT H..
MASON
!!!!d!!~! .
January 20, 1993
Post~ltr. brand fax transmittal memo 7671
To'7;i
Co.
Fox /I
"CJI2~
Fax ~
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor Brancel, and Honorable Council Members:
I am writing this letter ~n behalf of Trivesco, the owner of the real
property which comprises Waterford 3rd Addition. This letter is
intended to provide some historical perspective to Trivesco's request
for approval of the extension of the dates in the Waterford 3rd
Addition P.ll.D. Agreement.
Some questions ha~e arisen regarding the effective dates for
development and utility construction, and it has been suggested that
the City Council may consider rescinding the previous approvals
granted for this development. By reference to the letter from the
City of Shorewood, dated August 21, 1992, written by James C. Hurm,
City Administrator, the City's acknowledgment of the continuing
validi ty of these approvals is made very clear by the following
statement: "The development agreement of Waterford III is still
controlled by the terms and understandings set forth in the "Planned
Unit Development Agreement for Waterford Phase III "(the A9reement).~
At the City Council meeting, held on January 11, 1993, Council Member
Daugherty asked whether Trlvesco had ever asked for an extension of
the dates of this P.U.D. Agreement. I would reference my letter to
the City of Shorewood, August 26, 1992, where in I stated, "I assume
that the' City's actions regarding the proposal by Ryan Development
has effectively extended this date, and would look forward to your
notification asserting this extension",
There fore, it is very clear that the P. U. D. agreement and prior
approvalS remain in effect, and an extension of the dates for the
commencement of construction activities would be in order. We have
previously advanced a proposed amendment to Paragraph 6 of the P.U.D.
Agreement, wherein residential construction shall commence in the
Spring of 1993, and the first stage of commercial development shall
commence during the Spring of 1995. Regarding the residential
portion of the property, Trivesco has entered into a purchase
agreement for the sale and purchase of the townhome property to David
Carlson Companies, Inc. for the deve lopment of a townhome
neighborhood. This proposal is being advanced by David Carlson
Comp~nies, Inc. and a request for final pla~ approval will be made to
the City Council immediately, Assuming the affirmative action by the
City Council on Tr1vesco's request, and on David Carlson Companies
request, construction shall occur during the Spring of 1993.
14201 EXCELSIOR BLVD. . MINNETONKA1 MN 55345.4997 · 612-935-3486
,.
..J A N - 2 1 - -:;0 ::: T H U 1 5 : ::: :3 ROB E F~ T H _ ...1 A SON ~ I N C .
P.02
Regarding the commercial portion of the property, there are several
parties interested in developing this property, but no definitive
agreement has been reached Vii th any developer at this time. It is
important to understand the methodology of commercial development in
order to appreciate the requested time frame for commencement of
cleve lopment. In a commerc ial setting such as thi s, the deve loper
must go through several steps, many of which can be quite time
consuming. market studies, identification of possible tenants,
financial qualification of those proposed tenants, lease
negotiations, arrangement of construction financing, and arrangement
of permanent financing all must occur prior to the actual submission
of the plat to the City for its review. All of these steps take
time t and the Minnesota weather schedule sometimes forces one to
delay commencement of construction until appropriate conditions allow
soil correction work, grading work, and the like. Given this
extremely arduous task of commercial development, Trivesco feels that
the requested date of Spring of '95 for the commencement of any
commercial phase is very reasonable. Further, it is in the best
interests of Trivesco to move forward with this development as
promptly as possible, inasmuch as Tr1vesco and it's partners are the
owners of the Revenue Bonds issued by the City of Shorewood, and no
repayment on those bonds will occur until such time as increased tax
revenues from development of this area occur.
It is Trivesco's intention to develop this area in compliance with
the previous approvals granted by the City Council. The ever
changing marketplace will ultimately dictate the most appropriate and
most intelligent formula of development. As you know, any possible
changes from the Council's previous approvals will require
affirmative action by the City Council.
Trivesco hereby respectfully requests an approval of this proposed
amendment to the Waterford 3rd P.U.D. Agreement. We expect this
final action to occur at the City Council meeting of January 25, 1993
so as not to interfere with the proposed commencement of construction
by David Carlson Companies' townhouse development.
Yours truly,
TRIVESCO
f4w~'
Randy W. Travalia, President
Robert H. Mason, Inc. a partner
RWT,kg
CCI Paul Steiner
Mark Jones
Jean Mason
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, JANUARY 12, 1993
SHOREWOOD CITY HALL
5755 COUNTRY CLUB ROAD
7:00 P.M.
M I NUT E S
CALL TO ORDER
Chairman Dzurak called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chairman Dzurak, commissioners Wilson, Mccarty, Andrus,
Lindstrom, and Bensman; Administrator Hurm; Park Planner
Mark Koegler; and Secretary Niccum
PARK PRESENTATION TO NEIGHBORHOOD LEADERS
Park Planner Koegler gave a presentation to the audience. He
explained the Trail Plan, saying it would tie together all the
focal points of the community. He also presented maps of each
park, and explained what the plans were for each park according to
the Park Capital Improvement Plan.
Administrator Hurm, Chairman Dzurak, and the Commission answered
questions from those present.
REPORTS
Dzurak mentioned the hay bales placed at the bottom of the sliding
hill at Silverwood Park. He said that the bales have been moved,
and asked" that they be replaced in the original order to prevent
children from sliding out onto covington Road.
MATTERS FROM THE FLOOR
None
ADJOURNMENT
Lindstrom moved, seconded by McCarty, to adj ourn the meeting of
Tuesday, January 12, 1993, at P.M. Motion carried unanimously.
RESPECTFULLY SUBMITTED,
Susan Niccum
Park Secretary
r
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JANUARY 5, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair pro tem Borkon called the meeting to order at 7:00 p.m.
ROLL CALL
Present: ' Commissioners Bean, Borkon, Hansen, and Malam; Council Liaison
Stover; Planner Nielsen. Chair Benson entered the meeting at 7:08 p.m.;
Commissioner Rosenberger entered the meeting at 7: 15 p.m.
APPROVAL OF MINUTES
.
Bean moved, Malam seconded to approve the minutes of the Planning Commission
meeting of December 1, 1992.
Motion passed 4/0.
1. 7:00 PUBLIC HEARING - LOT WIDTH AND SETBACK VARIANCES
Aoolicant:
Location:
Lance DeTrude
26620 West 62nd Street
Nielsen reviewed the Applicant's request for a lot width variance of approximately 2
feet and a setback variance of approximately 8 feet for property containing
approximately 34,920 square feet at 26220 West 62nd Street.
Nielsen stated that during the past year the City completed an improvement project
on Church Road which involved condemnation of additional right-of-way for all
properties on Church Road. He pointed out that the residents, except for Mr.
DeTrude, 'petitioned for the road improvement. DeTrude objected to the project as it
had more of an effect on his property than on those of others. His property, prior to
taking of the right-of-way was capable of being divided into three buildable lots. The
condemnation of the right-of-way reduced the width of his property by 12.75 feet
precluding DeTrude from 3 buildable lots in the zoning district. The result of this is
that the City's options for paying damages include either granting the necessary
variances for 3 buildable lots or paying DeTrude for an entire lot while only 12.75 feet
is involved. Nielsen pointed out that variances would have still been required without
the right-of-way condemnation in that the City would have required appropriate right-
of-way at the time of subdivision of the property. He indicted that one of the parcels
would result in being slightly less than 75 feet wide. Nielsen suggested that Parcel
A, the western most lot, be designated as the narrow lot.
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PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 2
......
Nielsen stated that the City Attorney has proposed that, as part of the settlement,
OeTrude be left with a buildable area that is at least 40 feet wide on the easternmost
lot. Therefore, it is suggested that he be granted an 8 foot variance so that the lot
will contain at least a 40-foot wide buildable area. In recommending approval of the
variances, Nielsen stated the variances are justified in that OeTrude's hardship is a
result of the City's taking the property and meet all the criteria for variances.
Nielsen pointed out that OeTrude has a concern related to the lot lines. The resolution
granting the variances and giving him assurance that he will have three lots does not
sub-divide the property, but simply grants the variances for three buildable lots.
Nielsen indicated that the lot lines may need to be adjusted somewhat to accomplish
this. This issue will be resolved at the time the DeTrude requests subdivision of his
property.
Nielsen pointed out another concern DeTrude has is the status of the existing shed on
the property which will become nonconforming when sub-division occurs. It will
require compliance with the required 35 foot rear set-back at the time of sub-division.
Nielsen stated that because of the Applicant's concerns, the Attorney suggests that
this hearing be continued for one month to February 2 to allow time for negotiation
with the Applicant.
Borkon opened the Public Hearing at 7: 12 p.m.
Merlin Wanous, Chanhassen, stated: This doesn't make any difference to us, but I
know that the Church is interested in Lot A as they are building a new church out
there. We have no objections to DeTrude's plans to utilize his property to the best
of his advantage.
Nielsen noted that the Church was interested in 1988, however a site plan has been
approved for the Church without the lot.
Chair Benson closed the Public Hearing at 7:18 p.m.
Hansen indicated that variances are generally granted for one year and questioned
whether this limitation had any bearing on the matter. Nielsen stated that variances
are granted ordinarily for one year, however, according to the Attorney, in this case,
the variances would be specifically granted until such time subdivision is accomplished
and recorded against that lot and carries with the property.
Bean asked whether a stipulation can be made at this time to grant the variance to
Parcel A. Nielsen stated that if the Commission views this as a valid
recommendation, it should be included in the Council's resolution.
Hansen expressed concern about attaching this stipulation at this time since a one
month continuance is recommended to obtain the Applicant's agreement to the staff
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PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 3
recommendations and any stipulations may impede the negotiation process.
Nielsen clarified that this application should be treated the same as any other
subdivision request notwithstanding the fact that the City would be required to pay
if the variances are not approved.
The Commissioners discussed the appropriateness of Parcel A stipulation at this time
given the pending negotiations. The consensus of the Commissioners was that
additional information regarding negotiations with the Applicant was necessary prior
to taking action on this request.
Borkon moved, Malam seconded to continue to February 2, 1993, the matter of Lot
Width and Setback Variance - Lance DeTrude, 26220 West 62nd Street, and direct
the staff to provide additional information.
Motion passed 6/0.
Stover noted that the costs assessed to the residents for the Church Road
improvement project increased substantially because of OeTrude's objection to the
project.
2. 7:15 PUBLIC HEARING - C.U.P. FOR A PARK MAINTENANCE BUILDING
Aoolicant:
Location:
City of Shorewood
Freeman Park
Nielsen stated that the South Tonka Little League Baseball organization has
volunteered to construct a building at Freeman Park to be donated to the City. The
building will be used for storing supplies and equipment used for Little League baseball
games. It would also double as a concession stand during games. Nielsen described
the design and location of the building. He stated it is consistent with the style and
materials of the shelter buildings to be ultimately provided in the City parks. In
recommending approval of the C.U.P. as proposed, Nielsen noted the building is
viewed as setting a desirable precedent for future park buildings, should enhance the
maintenance of the ball fields at the south end of the park, and noted the generosity
of the organization for its donation.
Chair Benson opened the Public Hearing at 7:28 p.m.
Paul Krueger, Shorewood Oaks, stated: I'm not exactly sure where the building will
be located. I appreciate being notified about this. Some of the residents have asked
what this involves. I am certainly not against this and feel that any kind of activity
for the youth is great and wonderful to have in the area. One concern I have is that
my property backs up to Freeman park and am somewhat concerned about traffic late
at night 10 to 12:30.
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PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 4
'>
Benson stated that it would be appropriate to call the police in such instances since
the Park closes at 10 p.m.
It was also pointed out that vandalism is a problem.
Benson closed the Public Hearing at 7:30 p.m.
Rosenberger asked whether the organization approached the City and what the
financing arrangements are for construction.
Mr. Gary Dresel, representing the Little League, stated the organization came to the
City with the proposal. He explained that financing of the project is covered by
excess funds created within the organization. .
Nielsen noted that a masonry building is considered more vandal-resistant than wood
construction and that costs are comparable.
The Commissioners discussed the addition of security lighting.
Mr. and Mrs. Wagner agreed lighting would be acceptable.
Borkon commended the organization for its communication methods and for its
generosity. She inquired about usage and scheduling of the baseball fields.
Scheduling is conducted through community education and fees are imposed as
appropriate.
Nielsen stated the City will work with the organization to provide for appropriate
adequate security lighting for the immediate area of the building.
Bean moved, Borkon seconded to recommend to the Council that it approve the
Conditional Use Permit for Freeman Park Maintenance/Concession Building and further
recommended that adequate security lighting be provided.
Motion passed 6/0.
Stover asked for clarification regarding maintenance of the building. Gordon
Lindstrom, Park Commissioner, indicated that the Park Commission would likely clarify
that responsibility.
3. 7:30 PUBLIC HEARING - AMENDMENT TO SECTION 1201.03 SUBD. 20
(ELDERLY HOUSING) OF THE SHOREWOOD CITY CODE REDUCING CERTAIN
FEES
Nielsen noted that this topic has been reviewed by the Senior Housing Task Force and
the Park and Planning Commissions. The Council has agreed with the general concept
of allowing reduced park dedication and sanitary sewer fees related to construction
4
PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 5
of elderly housing and directed the staff to prepare the appropriate amendment to the
Ordinance. Nielsen described the concept whereby such fees will still be charged
based on the current zoning, however, additional units achieved will not be assessed
such charges and indicated it is designed as an incentive for encouraging construction
of elderly housing in Shorewood. Formal action on this amendment will be taken by
the Council at its January 25 meeting.
Chair Benson opened and closed the Public Hearing at 7:45 p.m. there being no
comments from the public.
Malam pointed out that there is no guarantee that a developer would pass the
resulting savings on to the purchasers. Rosenberger agreed with that concern and
although he supported the basic concept of the incentive, he stated that this does not
go far enough to promote senior housing and suggested that a full program of
incentives be developed.
Borkon preferred that such incentives be allowed on an individual case-by-case basis
rather than by ordinance amendment to provide for greater control of development.
It was pointed out, however, that to provide consistency for developers, rules and
regulations must be recorded.
Stover pointed out that a stated goal of the City is to encourage constru<;tion of senior
housing and this incentive is a step toward this goal.
Following discussion, the consensus of the Commissioners was that this amendment
provides for a beginning initial step toward a potentially expanded policy of incentives
for development and construction of elderly housing in Shorewood. Rosenberger,
however, expressed the opinion that Shorewood needs a methodically developed
comprehensive program related to senior housing rather than offering incentives such
as this amendment on an incremental basis.
Bean moved, Hansen seconded to recommend to the Council that it approve an
ordinance amending Chapter 1201 of the Shorewood City Code Relating to Zoning
Regulations and further recommends that the Senior Housing Task Force and the
Council continue efforts to identify broader based incentives for senior housing in
Shorewood.
Motion passed 5/1. Rosenberger voted nay.
4. ZONING ORDINANCE DISCUSSION - YARD LIGHTING REGULATIONS
Nielsen stated that currently the City ordinances do not provide restrictions or
regulations on yard lights such as those erected near drive ways for security or
aesthetics. Nielsen reviewed recent requests received for installation of various types
of lighting. At the present time, he stated this type of lighting is regulated somewhat
similar to fencing restrictions and limitations. He noted that a review of 14 cities
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PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 6
indicates that this has not been a significant problem and was not specifically
regulated by ordinance. Nielsen stated, however, that enough requestsare received
in Shorewood that a simple regulation addressed in the zoning ordinance would assist
the staff in responding to inquiries. Nielsen noted that the ordinance does already
regulate spill-over/candle foot of lighting. Nielsen requested input from the
Commissioners regarding this issue.
Following discussion, the Commission requested the staff to provide information, for
its review, on currently existing ordinances and regulations related to lighting and
fencing including state guidelines and agreed to discuss and consider staff's
recommendations on regulation of lighting at a future meeting.
5. DISCUSSION - BURNING PERMIT REQUIREMENTS
Nielsen reviewed the ordinance pertaining to open burning an<;i the specific policy
covering Recreational Fire Rules and Regulations prepared by Cary Smith, Fire
Marshall. A burn permit is required for recreational fires under that policy.
During discussion, the Commission recommended that staff bring these regulations
to the attention of the police department which is responsible for enforcement of the
policy.' The Commission further recommended that staff draft an amendment (after
review and clarification) for the Commission's review, to Subd. 3. of Code 501.03
Opening Burning: stating that the Fire Marshall having jurisdiction will issue the permit
and deleting the phrase: "which permit shall be approved by the City Council before
being valid in the City."
6. DISCUSSION - COMMERCIAL MAINTENANCE CODE
Nielsen stated that the staff has researched the issue of commercial maintenance
codes.' After checking with 12 cities, none were found to have maintenance codes
for commercial properties. The City Attorney is not aware of any cities that have
adopted such regulations and has not encountered commercial maintenance codes in
his experience.
Nielsen requested that the Commissioners discuss specifically the types of issues it
wishes to address. He pointed out that the City's regulations must be related to the
public health, safety and general welfare and described examples of items that may
be annoying, but may not be the City's concern. Nielsen also noted that current
commercial Codes provide for adequate regulation. He described actions taken to
bring violations of regulations into compliance.
The Commissioners discussed existing conditions at the Shorewood Shopping Center.
Stover described the liquor board's difficulties in upgrading the City's liquor store in
the Center and recommended that corrections to safety-related hazards be pursued.
Nielsen reviewed the ordinances that can be used to bring such items into compliance
and described the limitations of the ordinances.
6
f'
PLANNING COMMISSION MEETING
JANUARY 5, 1993 - PAGE 7
Rosenberger stated that a commercial maintenance code would ensure that as
buildings and structures get older and deteriorate, they would be upgraded and
maintained adequately. It was noted that sensitivity to excessive regulation and
individual rights is, appropriate.
Following discussion, Nielsen suggested that the Commissioners continue monitoring
this matter and bring specific objectives to the attention of the staff.
7. MATTERS FROM THE FLOOR - None.
8. REPORTS
Hansen moved, Bean seconded to recommend to the Council that the terms of office
of Planning Commission members be clarified in the City Code with specific dates of
beginning and ending of terms, appointments and length of term be defined.
Motion passed 6/0.
9. ADJOURNMENT
Benson moved, Bean seconded to adjourn the meeting at 9:50 p.m.
Motion passed 6/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
7