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021191 CC Reg AgP i . • CITY OF SHORE\ OOD f . MINNEWASHTA ELEMENTARY SCHOOL CITY COUNCIL MEETING 26350 SMITHTOWN ROAD • `a MONDAY, FEBRUARY 11, 1991 7 :00 P.M. SCANNED Note: This meeting will begin at 7:00 p.m. in the School Commons and be adjourned at 8:15 p.m. to the School Gymnasium where the rest of the meeting will be conducted. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Stover Daugherty Lewis Mayor Brancel Gagne C. Review Agenda 2. APPROVAL OF MINUTES A. City Council Meeting - January 14, 1991 (Adjourned session held January 15, 1991) (Att. No. 2A - Minutes) B. Regular City Council Meeting - January 28, 1991 (Att. No. 2B - Minutes) 3. CONSENT AGENDA (By Resolution) A. Approve Mail Box Replacement Policy (Att. No. 3A - Proposed Resolution) B. Approve Street Light Policy (Att. No. 3B - Proposed Resolution) C. Authorize Recycling Grant Application (Att. No. 3C - Proposed Resolution) D. Approve Refuse Haulers Licenses (Att. No. 3D - Proposed Resolution) E. Authorize Change in City Hall Cleaning Services (Att. No. 3E - Planner's Memo) . CITY COUNCIL AGENDA FEBRUARY 11, 1991 Page two F. Approve Conditional Use Permit - Greg Erickson (Att. No. 3F - Proposed Resolution) G. Approve Conditional Use Permit - Lee LaBore (Att. No 3G - Proposed Resolution) 4. COMMISSION REPORTS A. Park Commission B. Planning Commission 5. PROCLAIM MARCH 3 -10 VOLUNTEERS OF AMERICA WEEK (Att. No. 5 - Proposed Resolution) 6. APPROVE EXCELSIOR SEWER RENTAL CONTRACT (Att. No. 6 - Proposed Contract) 7. TERMINATION OF EMPLOYMENT - SANDRA KENNELLY A. Approve Findings of Fact (Att. No. 7A - Proposed Resolution) B. Consider Request for Hearing Before Administrative Hearing Officer (Att. No. 7B -1 Notice of Appeal) (Att. No 7B -2 - Attorney's Report) 8. 8:15 P.M. ADJOURN MEETING TO SCHOOL GYMNASIUM 9. RECONVENE REGULAR COUNCIL MEETING 10. 8:30 P.M. PUBLIC HEARING - MODIFICATIONS TO WATERFORD T.I.F. PLAN (Att. No. 10 - Summary of Modifications) 11. FENCE HEIGHT VARIANCE Applicant: William Miller Location: 25780 Sunnyvale Lane (Att. No. 11 - Planner's Memo) 12. APPEAL NOTICE TO REMOVE Appellant: John Arnst Location: 5480 Teal Circle (Att. No. 12 -1 - Notice to Remove) (Att. No. 12 -2 - Appeal Letter) CITY COUNCIL AGENDA FEBRUARY 11, 1991 Page three 13. DISCUSS LEASING SPACE FOR PUBLIC WORKS DEPARTMENT (Att. No. 13 - Planner's Memo) 14. REVIEW APPLICATIONS FOR CITY ADMINISTRATOR POSITION A. Select Top Five Applicants B. Set Dates for Interviews 15. 1991 BUDGET CUTS LEAGUE OF CITIES RECOMMENDATION (Att. No. 15 - Proposed Resolution) 16. MA'T'ERS FROM THE FLOOR 17. STAFF REPORTS A. Attorney's Report 1. 2. B. Engineer's Report 1. Highway Improvement Funds Status 2. C. Planning Director's Report 1. 2. 18. COUNCIL REPORTS A. Mayor Brancel B. Councilmembers 19. ADJOURNMENT SUBJECT TO PAYMENT OF THE CLAIMS APPROVED (Att. No. 19 - Claims List) T if , ' r4 c4 a :" + . 0 iii 1 e f4) No L O ~ d t 7 o� o W y S i p4 v— a 0 ...„ Z --r) 1 .d u. 5 s. C!) -0 -a y fra al s . , _ ..,,4 ....... t„,t, * a 1 L H ,? . .'.;"." ',-,. ., .'. . .' ... , ....,;.;0.., ~.......~" . . . ., ,.". '" !lr '-.<4 ..... EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL AGENDA 11 FEBRUARY 1991 Following are very brief summaries of the items listed on the above-referenced agenda. For more detail please refer to the individual staff reports contained in the Council information packet. Item 3. Items A, B, F, and G are formal resolutions for items that were approved at the 28 January meeting. Item C is a resolution which is necessary to obtain recycling grant money. Item D is a resolution approving annual licenses for refuse haulers. Item E is a recommendation from the Acting Administrator to change cleaning services for the City offices. The proposed change will result in approximately 10 percent savings for the same work being done now, or additional service for the same amount as we are now paying. Existing cleaning service has not been satisfactory. bjn Item 5. The Volunteers of America have asked that the City help them celebrate 95 years of community service by proclaiming March 3-10 Volunteers of America Week. The Mayor recommends adoption of the attached resolution. bjn Item 6. While certain bugs still need to worked out, Staff recommends approval of a contract for sewer rental for flow which goes through Excelsior and which is no longer reimbursed by the MWCC. This has been discussed at previous meetings. bjn Item 7. At the 28 January meeting the City Council directed the City Attorney to prepare fmdings of fact relative to their decision to discharge Sandra Kennelly. The fmdings set forth reasons which led to the determination of incompetencey and inefficiency in the performance of her duties. Sandra Kennelly requests that her appeal of her discharge be heard by an administrative hearing officer rather than the City Council. The City Attorney recommends approval of her request. gaf Item 10. A hearing has been scheduled to discuss modifications to the Waterford T.I.F. Plan which were approved at a Council meeting on 27 December 1990. Based on a very recent court ruling it now appears that approvals relative to the T .I.F. which were made on the 27th are invalid. While Staff will be prepared to discuss the options which now remain, it is not likely that any decision will be reached on Monday night. Staff recommends that the hearing still be held, but it should be anticipated that the matter may be continued to a future meeting. bjn Item 11. Mr. Miller applied for an after-the-fact variance for a fence which was constructed without a permit and which exceeds the height limits of the Shorewood Zoning Ordinance. He failed, however, to submit all of the required information for the variance and the matter was tabled by the Planning Commission at their 15 January meeting. Mr. ,. . . . ) Executive Summary 11 February 1991 Council Agenda Page two Miller did not submit the required information in time for the 5 February Planning Commission meeting, nor did he appear at the meeting. The Planning Commission recommended unanimously to deny his variance based upon his failure to demonstrate any hardship and the fact that ample room exists on his property for a fence up to six feet in height. The Commission's recommendation is consistent with the Planning Director's recommendation. bjn Item 12. Having been cited for an unlicensed or inoperable vehicle at 5480 Teal Circle, Mr. John Arnst requests additional time to remove the vehicle. He agrees to cover the vehicle with a tarp until 1 May, at which time he will remove it. bjn Item 13. Staff has compiled information relative to the possibility of leasing space in Tonka Bay for the Public Works Department. The information has been forwarded to the Finance Advisory Board for a recommendation to the City Council. They have scheduled a meeting for 13 February. The information raises some question as to whether money would be saved by leasing versus building and owning space in the long term. bjn Item 14. The City has received 85 resumes for the position of City Administrator. The Mayor has asked Councilmembers to narrow the field to 10 before Monday night, at which time the Council, as a group, will select five candidates to be interviewed. The Council will also set a date or dates for interviewing candidates. bjn Item 15. A number of agencies representing municipalities have suggested that local units of government pass resolutions stating their objections to recent and future cuts in state aid to local government. The attached resolution has been prepared by the League of Minnesota Cities. bjn . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 14, 1991 (ADJOURNED SESSION HELD ON JANUARY 15, 1991) CALL TO ORDER Mayor Brancel called the Adjourned Session of the Regular_City- Council Meeting of January 14, 1991, to order at 7:00 p.m., on January 15, 1991. ADJOURN TO EXECUTIVE SESSION Gagne moved, Stover seconded to adjourn the meeting to Executive Session to discuss disciplinary action. Motion carried - 5/0. The Council adjourned to Executive Session at 7:01 p.m. RECONVENE REGULAR COUNCIL MEETING The regular council meeting was reconvened at 7:43 p.m. Mayor Brancel announced that no conclusions were reached and no disciplinary action was taken as a result of the executive session. ADJOURNMENT Gagne moved, Stover seconded to adjourn the meeting at 7:45 p.m. Motion carried - 5/0. Barbara J. Brancel Mayor J-A " ~. CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JA~Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S CALL TO ORDER Mayor Brancel called the meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel. Councilmembers Gagne. Stover. Daugherty and Lewis. Acting City Administrator Nielsen. City Attorney Froberg, Engineer Dressel. REVIEW AGENDA Brancel asked the Council if they had any changes to the Agenda. Acing Administrator Nielsen asked that item 3C-2 be deleted. Brancel said that the Planning Commission report will come before the Park Commission report in item 4. Gagne moved. Stover seconded to approve the Agenda as amended. Motion carried - 5/0. APPROVAL OF MINUTES Gagne moved. Stover seconded to approve the Regular City Council Meeting Minutes of January 14. 1991 with the following corrections. 1. P. 9 - Attorney's Report- last sentence. discuss should be changed to dismiss. 2. PG. 10 - 5 lines from the top. Councilmember Stover said the line should say: The City has worked with the Engineering firm for 23 years and she thinks they do a good job. CONSENT AGENDA Stover moved. Gagne seconded to approve the following Consent Agenda: A. Extension Request - Removal of Nonconforming Building Applicant: Donald Mullenbach Location: 5830 Strawberry Lane B. Resolution No. 8-91 "_A Resolution accepting Improvements in the Plat of Smithtown Circle." Applicant: William Diem Location: Smithtown Circle 1 2.~B CITY OF SHOREWOOD REGULAR CI~~UNCIL MEETING MONDAY. JA~ 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . C. Shoreland Grant Agreement-Designation of Planning Director to LMCD Technical Review Committee Motion carried - 5/0 on a roll call vote. COMMISSION REPORTS: A. Planning Commission Liaison Stover said the Planning Commission chose Bruce Benson as Chairman and David Pitney as Vice-Chairman. She told the Council there are two items on the Agenda from the last Planning Commission meeting. B. Park Commission Park Commission Liaison Dzurak reported that the Park Commission chose February 12, 19, and 26 as the dates for neighborhood meetings to present the plans for the Park Referendum. He said the Park Commission would make their recommendation to the Council at the March 11 Council meeting. Dzurak said the Commission discussed the current Snowmobile Ordinance for 2 1/2 hours at their last meeting. The Park / Commission recommends confirming the current Ordinance contingent on the following changes: 1. More police support. 2. Signage for speed. 3. Coordinated enforcement for speed and safety. 4. A poll taken of residents to determine how many want to retain the trail for snowmobiles. STREET LIGHT REQUESTS Stover said she had asked for a review of the City policy for installing street lights to determine the cost. The current budget has set aside $27,000.00 for street lights. Since reviewing the policy, she thinks the current policy should be retained and thinks the current guidelines work well. Councilmember Gagne and Mayor Brancel agreed. Acing Administrator Nielsen said this policy is not a formal policy and he thinks it should be. He suggested the Staff formalize the policy. Stover moved. Lewis seconded, to direct Staff to incorporate the policy into a resolution for the February 11 meeting. Motion carried - 5/0. Gagne moved. Stover seconded. to approve the street light request for Birch Bluff Road as recommended by the City Planner. Motion carried - 5/0 2 CITY OF SHOREWOOD REGULAR CI~COUNCIL MEETING MONDAY. JA~Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 . Gagne moved. Stover seconded, to approve the street light request for Wood Drive and HWY. 7. Motion carried - 5/0. DISCUSSION RE: MAILBOX REPLACEMENT POLICY Gagne moved, Daugherty seconded, to direct Staff to incorporate the mailbox replacement referenced in the Planner's report into a resolution for the February 11 meeting. Motion carried - 5/0. DISCUSSION RE: LEASING SPACE FOR A PUBLIC WORKS DEPARTMENT Councilmember Gagne told the Council that an old bus garage is available in Tonka Bay which can be used for Shorewood's Public Works Dept. He said this could save the City some money because the construction of a new Public Works facility might cost $1 Million. Councilmember Daugherty also looked at the bus garage and said it would need upgrading and cement but seemed large enough. Nielsen said funds for a new Public Works facility have been set aside in the Capital Improvement Fund. . Stover said the Council should send this information to the Finance Board for consideration. She said. in the past. there has been talk of sharing facilities with other Cities and there is no firm figure of the cost to build a new facility. Sheisaia measdBgiBas~ebas draw backs but owning land without building Gagne moved. Daugherty seconded, to have the Finance Committee review the proposal to lease the bus garage in Tonka Bay. Motion carried - 5/0 City Attorney Froberg recommended that the City contact Tonka Bay concerning the proposed use of the property for a municipal garage. Gagne said he had talked with the Tonka Bay Mayor but suggested that Nielsen also contact him. Councilmember Lewis said the Staff should give the Finance Committee the information about the necessary square footage and other requirements for a Public Works facility. CONDITIONAL USE PERMIT - ACCESSORY BUILDINGS APPLICANT: LOCATION: Lee LaBore 4445 Enchanted Point Stover explained that the Planning Commission recommended approval of this C.U.P. - ..::' r"____-,._.>._"....,.~...=~,,_.____.~....~._~.,..."_~~' CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JA~Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . Originally. Mr. LaBore was allowed to remodel his garage but not to enlarge or structurally alter the building. During the process of remodeling, the roof was discovered to be beyond repair. Mr. LaBore replaced it with a steeper pitch roof to match his house. He is now asking that his original C.U.P be modified to allow the garage roof to remain as it is. The City planner recommended revising the C.U.P. because the original C.U.P. was given due to the location of an old undeveloped 16 ft. right-of-way. Gagne moved. Stover seconded. to prepare Findings of Fact amending the C.U.P. for Accessory Building for Mr. Lee LaBore. Motion carried - 5/0. STAFF REPORTS: B. ENGINEER'S REPORT Engineer Dresel reported that the well at Amesbury needs to have a variable frequency drive installed to prevent the pump from cycling too often. The City spent $16,000 over the past four years repairing this pump. If more storage was added to the well, the cost would be about $50,000.00. A variable frequency drive might cost between $13,000 - $18,000. Dresel checked with Finance Director Rolek and the Water Utility Fund has just about that much money for this project. Dresel recommended the City request bids on the project. He said the pump can cause noise because the pump runs more often but at a lower speed. Stover asked if this would be a permanent solution. Dresel said it would help for about 3 to 4 years. Gagne asked if the well should be connected to the tank across HwY 7 in Waterford. Dresel said yes. The Council told Dresel to continue to pursue the installation of a variable frequency drive. C. ADMINISTRATOR'S REPORT Nielsen said he met with Judith Marshik to discuss the elderly housing survey she would be distributing to 1300 residents of the South Lake area. Her contract requires the City to fund the printing of the survey and the mailing. He advised the Council that this should be about $1600.00. The survey will be mailed February 8 and the results will be available by the March meeting. DISCUSSION RE: SNOWMOBILE REGULATIONS- 7:45 Brancel opened the meeting up for discussion from the audience at 7:45. 4 CITY OF SHOREWOOD REGULAR CI.OUNCIL MEETING MONDAY. JA Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 . MARY LOU SWENSON - 24745 AMLEE ROAD Swenson said she has lived in.Shorewood for 34 years. She lives across the street from the trail and is in favor of keeping the trail open for all people. MIKE ELLIS - 6135 CATHCART ROAD Ellis is President of the Shorewood Snowmobile Club. He said the Club coordinated with the Police Dept. last weekend to stop speeders and they were very successful. He would like to continue to have a snowmobile patrol and keep the trail open for snowmobiling. JOHN CALLENDAR - 25510 BIRCH BLUFF RD. _ Callendar has lived in Shorewood for 6 years and wants to keep the trail open for snowmobiling. One of his reasons for purchasing in the area wa~ the rural atmosphere and thinks the snowmobile can coexist with other activities. BILL KULLBERG - 5245 EDSALL ROAD. MINNETONKA President of the State Snowmobile Association. He said the Association has 10,000 members. Hennepin County gave the Snowmobi,le Association authority to use the trail 10 years ago. The Club has groomed the trail for many years. He agrees there needs to be increased enforcement and asked the Brooklyn Park Snowmobile Club to speak to the Counci I. NORM RISKA - BROOKLYN PARK SNOPATROL Riska passed out information about the his club and its rules. He said their club works closely with the Brooklyn Park Police to enforce the laws. They divide up the City and patrol the trails. They also teach snowmobile safety to children. He hopes these regulations will help the Council make a decision. MARTY WOODS - 3400 FOX ST. LONG LAKE Woods wants the trail kept open and a group effort to enforce laws. TERRY TOLL - 3851 CHURCH ROAD Toll moved to Shorewood three years ago with the understanding that he could snowmobile. He is in favor of keeping the trail open. JOHN ARNST - 5480 TEAL CIRCLE Arnst is against keeping the trail open for snowmobiling. He distributed photos of the damage done to property by snowmobiles. He has lived here for 10 years and says the snowmobilers do not police themselves. MICHAEL HERMAN - 5645 EUREKA ROAD He has lived in Shorewood for one year. He commended the Snowmobile Club for their effort the prior weekend in reducing speeding. He says he cannot use the trail because of the snowmobiles. He would like to see a poll taken of Shorewood residents. 5 CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JA~ 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 . RON KRAMER - 5865 EUREKA ROAD Kramer has lived in Shorewood all his life and would like to see the trail kept open. He said the original funding for the trail was provided by snowmobile registrations. RICK BROWN - 5635 HARDING LANE Brown said his is a recent resident and lives close to the trail. His encounters with snowmobilers have been safe and would like to see the trail kept open. RON WIDELL - 5425 VALLEYWOOD CIRCLE Widell said he moved to Shorewood 4 years ago for the snowmobiling and skiing and would like to see the trail kept open. He says increased signage and speed patrols is a good idea. He does not want a poll of residents; the decision should be made by the Council. DEAN ZIMMERSCHIED - 5865 EUREKA ROAD Zimmerschied moved here from Minnetonka to snowmobile. He would like to see residents work together to keep the trail available for snowmobiling. C. J. RAMSTAD - 19235 LAKE AVE. DEEPHAVEN Ramstad said snowmobiling is part of the quality of life in the area. The trail is a multiple use trail and should be kept open. New snowmobilers should be educated. STEVEN A. MCMICHAEL - 28135 BOULDER BRIDGE DRIVE He moved here two years ago and enjoys snowmobiling but would like to see more enforcement on the trail. JOHN ROEDEL - 28115 BOULDER BRIDGE He moved here in 1983 for the diversity of activities and snowmobiling is one of these. His children enjoy the sport and he would like to see the trail kept open. GORDON CHRISTENSEN - 26190 BIRCH BLUFF ROAD He has been a resident of Shorewood for 23 years and Chairman of the Park Commission. He said the Park Commission has discussed this issue for many years. They have recommended allowing snowmobiles because they are trying to provide for the needs of all the residents. HEINZ NEUHAUS - D & H MARINE EXCELSIOR He started his marine repair business in 1989 and has started repairing snowmobiles this year. He employees 1 full time and 1 part time snowmobile repair mechanics. He would like to see the trail remain open because his business is adjacent to the trail. BILL LESTER - 5460 WEDGEWOOD DRIVE Lester is against keeping the trail open for snowmobiling. He said there are people who abuse the trail and no one else can use the trail. 6 CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JANIIIY 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 . DAN PUZAK - 23830 SMITHTOWN ROAD Puzak is in favor of keeping the trail open. He snowmobiles with his children and does not want to have to ride on the side of the road. KONRAD WURM - 6185 CARDINAL AVE. Wurm is a 50 year resident of Shorewood and said the trail should be open to everyone. JOE RYAN - 5840 GLENCOE ROAD Ryan is a resident since 1986 and would like to see the trail remain open. He said there should be a joint effort to police the trail. BOB FORSBERG TONKA BAY INN He wants the trail to remain open for multiple use. He said the snowmobilers are responsible people, but there should be policing. BERNIE HANSON - 480 W. 78TH ST. CHANHASSEN He wants to see the trail remain open. He gets a great deal of pleasure from snowmobiling. He helps the Carver County sheriff patrol their trails. NANCY BANZ - 25135 GLEN ROAD She said she wants the trail to remain open. It is part of the quality of life in the City. GREG REICH - 25895 SMITHTOWN ROAD He has lived in Shorewood for 7 years and snowmobiles. He wants the trail kept open. DEAN SPATZ - 28235 BOULDER CIRCLE Spatz has lived here 20 years. Many people moved to Shorewood for the rural atmosphere and access to outdoor sports. He asked the Council to keep the trail open for snowmobilers. Brancel closed the discussion at 8:35 P.M. Charles Dalquist - Resident wrote a letter in favor of keeping the trail open. The following residents wrote letters against keeping the trail open for snowmobiling: 1. Teresa Brossard 5445 Teal Circle 2. Mrs. Leland Hagen 25525 Smithtown Road 3. Robert Belbeck 25650 Smithtown Road 4. Warren T. Mueller Excelsior 5. Maureen Peterson 23620 McLain Road 6. Kent & Elaine Adam 25170 Glen Road 7. Teresa & Ray VanStraaten 25445 Smithtown Road Gagne said he has lived by the old railroad track since 1961. The snowmobile club was the first organization to use the track for a 7 .' ,.______._'~" . _.._._ '.. -,_,,_~,__'_'_',' .""_.'.-c-;..'-........'.""~-;~,~-- ,.,~...,.,._,-'~_._- CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JA~ 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 '. trail. He wants to keep the trail available for snowmobiles but increase the speed enforcement. Stover said the police don't have the money or manpower to enforce the snowmobile speed laws. They also. do not have the authority to enforce the laws in the parks. The City would have to rewrite it's Ordinance. She is against snowmobiles using the trail if no other motorized vehicles are allowed. Lewis said the City is becoming less rural and snowmobiles may not be compatible. He is not in favor of closing the trail. He said the City should look at it's current Ordinance and increase enforcement of current laws. Brancel said she is in favor of keeping the trail open. She has children that snowmobile and she knows people move here to snowmobile. Gagne said Brancel should request that the Police and Snowmobile Club form a joint patrol. Gagne moved, Brancel seconded, to keep the Shorewood Hiking and Biking Trail open for multiple use. Motion carried - 4/1 (Stover) Gagne moved. Brancel seconded. to have Mayor Brancel approach the Police Dept. with ideas for a joint" effort to patrol the Trail. Mike Ellis and Bob Belbeck will be part of this effort. Motion carried - 5/0. BREAK - 8:55 - 9:00 P,M. DISCIPLINARY HEARING - SANDRA KENNELLY Mayor Brancel announced the order of procedure for the hearing. MARK KELLY - ATTORNEY FOR SANDRA KENNELLY Mr. Kelly introduced himself as the attorney for Ms. Kennelly. He stated that she is a 16 1/2 year veteran of the City. She has been the Clerk and Deputy Clerk. She is responsible and reliable. She has been called to respond to allegations made by an Administrator who has since been fired. They question the reliability of the allegations. given the source. Kelly said, if it is the City's intention to fire Kennelly, she should have first been given an annual review. that the City policy requires an annual review and an opportunity for the employee to respond. Kelly said these proceedings are irresponsible and premature. Kelly said that they had not received any specific charges. only a list of allegations. 8 . -'-~--~'.- '," "~""~,,,,~,,,".~."-'~'."'--'- ... ..~..._..;--"~. --,","-- CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY. JA~Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 . He believes that the reasons given are not adequate reasons to terminate an employee. They do not rise to a level of credibility. much less. a reason of just cause. His client has not had an oral or written reprimand in 12 months. Kelly told Nielsen that the current action is not proper unless the Administrator fires the employee. Kelly said Whittaker had personal and political reasons for his charges and that his reasons are implausible and malicious. The memo written by Mr. Whittaker on Dec. 10. 1990 is filled with slander. defamation and is inaccurate. hostile and not responsive to the job description. Kelly said three of the Council members, the City Attorney and possibly members of the Staff are material witnesses in this matter. He said the Council should put off this action until there can be a formal hearing before an administrative hearing officer. Kennelly should be put back on the payroll and given the right to an annual review by a new administrator or Acting Administrator Nielsen. He further asked that all data prepared by former Administrator Whittaker be removed from her file. He requested that the Council prepare Findings and terminate the proceeding. Brancel asked if anyone else wanted to make a statement. NANCY BANZ She is new to the area but has had several dealings with Sandy and there have been no problems. She said this is a no win situation and she does not like the Council's dealings. BILL LESTER He said he does not know all the problems because of the City Council's closed meetings. Sandy has always answered his questions. He said this hearing is not above board. JOAN PETERSON - 4220 WATER ST. FORMER CLERK OF EXCELSIOR Sandy was always helpful and cooperative when she dealt with her. FRAN CLARK - MOUND CITY CLERK Sandy was always helpful and she doesn't understand the proceedings. CHARLOTTE ERICKSON - CITY CLERK - MINNETRISTA She has known Sandy for 15 years and she said the Council should give this action very careful consideration. STEVE FRAZIER - 6175 SEAMANS DRIVE He has known Sandy for a very long time was Mayor. He said the proceedings are She is being tried by the City Council. problem to arbitration. and worked with her when he an abrogation of due process. The City should send this 9 CITY OF SHOREWOOD REGULAR CI~OUNCIL MEETING MONDAY, JAN1IIY 28, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 . BILL KEELER - PINE BEND He has known Sandy for 16 years and has found her to be a person of integrity and honesty. He does not think the proceedings are fair. JIM HEILAND - 18150 HEILAND - DEEPHAVEN He has dealt with Sandy and says she is very knowledgeable and professional. The Council should look hard at this decision. BO WITRACK - 21200 CHRISTMAS LANE He. has worked at the Minnetonka Country Club for 37 years. He said Sandy is very helpful. Mayor Brancel asked if there were any other comments from the floor. She then stated she would open the matter for Council discussion. Gagne said the Council had intended to meet privatelY with Sandy and discuss the matter, but she got up and left. She said the meeting was illegal and asked for this meeting. So here we are. He has always backed her but has since talked to former administrators. 1. She is very good to the public, but the paperwork does not get done. 2. Former Administrator Dan VOgt was told to work around Sandy or his job would be in jeopardy. 3. Whittaker had a different philosophy, but the same result. 4. When he called Sandy to talk about the problem, her reaction was that any new administrator would be negative as well. 5. He said he would not force her on another Administrator. Gagne moved, Brancel seconded, to prepare Findings of Fact for discharge of Sandra Kennelly, based on incompetency and inefficiency in performance of her job duties._The motion was amended to include that the termination was to become effective tomorrow after an exit interview. Motion carried 5/0 on a roll call vote. Brancel said she also talked to former City Administrators and received the same responses as Gagne had received. Stover said she likes Sandy, as a person, but also received the same information concerning her performance. after talking to former Administrators VOgt and Larry Whittaker. Larry convinced the Council that the work was not being done. Lewis said a meeting was scheduled with Sandy to discuss the termination but she did not want it. He said he has not gone into depth on this and would like to have more information beyond what he has heard from members of the Staff. He would have liked to heard more from Sandy, but she chose not to respond. Daugherty concurred on the. basis of what he knew as a result of sitting in on the meetings and reading the memo. 10 ,........-_.~.'-,.~ _.,.,-.~-".,,-.._=..-_..-..-.,..,.,_.--,.-----:-'-' CITY OF SHOREWOOD REGULAR CI.OUNCIL MEETING MONDAY, JA Y 28, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 . ZONING ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT APPLICANT: LOCATION: Greg Erickson 5290 Howards Point Road Stover said the Planning Commission asked the Planner to review the State Standards for Definition of Building Height. He advised the Commission that the Ordinance could be changed to allow additional height in exchange for greater front and sideyard setbacks. This would bring Shorewood in line with requirements in other Lake area cities. The Planner did not recommend changing the method of measuring of buildings to adopt the State Code. The SBC measurements can be up to 10 ft. taller than the current method. Stover said the Planning Commission opposed changing the Ordinance by a 4/3 vote. TOM WARTMAN - PRESIDENT. LANDFORM He said current style houses have taller ceilings and require taller roofs. If they lowered the roof on the house in question by one foot it would have the effect of flattening the roof. His company has had roof height problems with other house built in Shorewood. Nielsen said this Ordinance can be handled Administratively or with a C.U.P. Stover said more conditions can be added to the buildings if the C.U.P approach is used. Lewis asked if other cities measure the same way. Nielsen said they all measure differently. Lewis moved. Gagne seconded. to amend the Zoning Ordinance relative to building height. subject to the City Planner's recommendations. This should be done administratively and the second reading waived. Motion carried - 5/0. Stover moved. Gagne seconded. to direct the City Attorney to prepare Findings of Fact approving the C.U.P. for accessory space in excess of 1200 Sq. Ft. for Greg Erickson. Motion carried - 5/0 MATTERS FROM THE FLOOR. Brancel asked three times for matters from the floor. There were none. STAFF REPORTS: A. ATTORNEY'S REPORT None 11 CITY OF SHOREWOOD REGULAR CI~UNCIL ~ETING MONDAY. JA~ 28. 1991 . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 12 COUNCIL REPORTS. Lewis - None Daugherty - None Gagne - He said the Senior Citizens Advisory Committee will visit three Senior Housing Projects on February 11. He would like the City to pay for the bus transportation and lunch for the group. Gagne moved. Stover seconded. to approve funds for a bus and lunch for the Senior Citizens Advisory Committee trip on Feb. 11. 1991. Motion carried - 5/0. Stover - none Brancel - She would like the Finance Committee to review the impact of a potential loss of State Aid to the City and how this might affect the planned intersection at Old Market Road. Dresel said the feeling among State Engineers IS that there will be road funding cuts. Gagne asked if the funds for the Vine Hill intersection will be cut. Dresel said those funds are different, they are designated Highway funds. Lewis asked if the funds for the Old Market Road intersection are secured. Dresel said they are secured as long as a contract is let before June 1. 1991. Lewis asked Nielsen to look into the funding for the two intersections. MEETING ADJOURNED TO EXECUTIVE SESSION TO DISCUSS THE SNYDER/HARE LITIGATION. MEETING RECONVENED AT 11:00 P.M. Daugherty moved. Lewis seconded, to adopt RESOLUTION NO. 9-91 "A Resolution Ordering a Public Hearing on February 11. 1991 at 7:00 P.M. to discuss the TIF modifications. II Motion carried - 4/1 (Stover) Nielsen said the Council needs to appoint a temporary clerk. Brancel moved. Gagne seconded to appoint Bradley J. Nielsen City Clerk. Motion carried - 5/0 12 CITY OF SHOREWOOD REGULAR CI*OUNCIL MEETING MONDAY. JA Y 28. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 13 . ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Stover seconded. to adjourn the meeting at 11:00 P.M. subject to the payment of claims. Motion carried - 5/0 GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since January 11. 1991 LIQUOR $ 50.841.67 GENERAL $ 17.869.75 $ 68.711.42 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 6080-6123 TOTAL CHECKS FOR APPROVAL $407.700.43 TOTAL CHECK APPROVAL LIST $469.411.85 CHECK REGISTER FOR JANUARY 15. 1991 PAYROLL Checks no. 204797/204846 LIQUOR GENERAL $3.537.98 $13.907.71 TOTAL CHECKS ISSUED $17.445.69 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary MAYOR BARBARA BRANCEL ACTING CITY ADMINISTRATOR BRADLEY J. NIELSEN 1" 0_' . 2/6/91 . RESOLUTION NO. A RESOLUTION ESTABLISHING POLICY FOR THE REPLACEMENT OF DAMAGED MAILBOXES WHEREAS, property owners often locate mailbox structures adjacent to a public street within the City right-of-way; and WHEREAS, these mailbox structures are sometimes damaged by the City during snowplowing operations; and WHEREAS, property owners who incur damage to their mailboxes as the result of snowplowing operations sometimes request that the City repair such damage. NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as follows: 1. That the City adopt the following policy concerning the repair of mailbox structures damaged during snowplowing operations: "Each complaint of snow plow damage to a mailbox structure is investigated. Where reasonable evidence indicates there was physical contact between the snow plowing unit and the mailbox, the structure is repaired or replaced as need indicates. When replacement is necessary, the City will provide only a standard metal mailbox and wooden post. If, in the opinion of the Public Works Director, it appears that the structure was damaged by flying or pushed snow, the owner is so advised and informed that the City will assume no responsibility for repairs." ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays 3A ,.._.~--,.~-,~~"..~.. 'v-........__~~:'--;......'"--_."_." ~-- . 2/7/91 . RESOLUTION NO. A RESOLUTION ESTABLISHING PLICY FOR THE PLACEMENT OF STREI:T LIGHTS WHEREAS, the City regularly receives requests from residents or groups of residents for the placement of street lights~ and WHEREAS, the City currently pays electrical costs of approximately $13 per month for each street light the City installs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. T hat the City adopt the following policy concerning the installation of street lights on public streets within the City of Shorewood: Location. T he City recognizes that street lighting in certain locations is necessary to promote safe travel for vehicular and pedestrian traffic. However, it is not the intent of the Council to install street lights for the purpose of deterring criminal activity. Based on this the Council will consider the authorization of placing street lights on city streets only at: 1) intersections; 2) the end of cul-de-sacs; 3) sharp turns; and 4) steep hills on city streets. Requests for Street Liqhtinq. While requests will be considered from any resident, it is recommended that a petition of neighboring residents be submitted with the request. Cost of Street Liqhtinq. The City agrees to pay the cost of monthly electric service for an authorized street light. It will not pay for the installation of the light or for extending power to the proposed location of the light, or for any light other than a standard street light. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: Ayes - Nays - ob _ ,._.___.~._._.___...--_"_____.___n~_~"__,_",,__"_~,,,,~"_ 3C . . 215/91 RESOLUTION NO. A RESOLUTION AUTHORIZING SUBMITTAL OF THE 1991 HENNEPIN COUNTY GRANT APPLICATION FOR MUNICIPAL SOURCE SEPARATED RECYCLABLES WHEREAS, pursuant to Minnesota Statute 115A.551, by December 31, 1993, each county in the metropolitan area will have as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation, and each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance B requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County adopted a Hennepin County Funding Assistance Policy for Source Separated Recyclables on September 11, 1990, to distribute funds to cities for the development and implementation of waste reduction and recycling programs; and WHEREAS, to be eligible to receive these County funds, cities must meet the requirements set forth in the "funding policy"; and WHEREAS, the City desires to receive these County funds. NOW, THEREFO RE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1. That the Council authorizes the submittal of the 1991 Hennepin County Grant application for Municipal Source Separated Recyclables. 2. That as a condition to receive funds under the Hennepin County Funding Assistance Policy the City agrees to implement a waste reduction and recycling program as indicated on the 1991 Hennepin County Recycling Grant Application and that the City will use County funds only for the purpose of implementing the City's waste reduction and recycling program. . . Barbara J. Brancel, Mayor ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 1991. ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - '''_'''"'''~'''''__''':'_'''_'..,,''___ <.,_.,.....~'.'.-._f"__""""',.....,:_....-'''".;.~,.~_~ . . RESOLUTION NO. Address 1195 Sunnyfield Rd Mound, MN 55364 731 victoria Drive Chaska, MN 55318 P.O. Box 33 Excelsior, MN 55331 Rt.3 Box SAlO Buffalo, MN 55313 P.O. Box 379 Excelsior, MN 55331 5525 Co. Rd. 50 Carver, MN 55315 12448 Pennsylvania Av S. Savage, MN 55378 4000 Hamel Road Hamel, MN 55340 P.O. Box 33 Mound, MN 55364 1901 W. 144th st Burnsville, MN 55337 RESOLUTION APPROVING REFUSE COLLECTOR'S LICENSE WHEREAS, the Shorewood city Code section 507.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicant has satisfactorily completed , this application and fulfilled the requirements for the issuance of a Refuse Collector's Licens. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Shorewood as follows: 1. That a Refuse Collector's License be issued for a term of one year, from January 1, 1991 to December 31, 1991, to the following applicant: Applicant Frank Blackowiak Firm Name Blackowiak & Son Gary R. Lano Chaska Sanitation william Wrede Gopher State Trucking Haugens Haulers Sanitation MJA Sanitation Kevin Haugen Mike Schmidt Russell W. Leistiko R&W Sanitation Steve Christen Waste Management Savage Woodlake Sanitary Service Westonka Sanitation Donovan Johnson John J. Zuccaro Michael Trulson Quality Waste Control ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 1991. ATTEST: Barb Brancel, Mayor Bradley Nielsen Acting City Administrator Roll Call Vote: Ayes - Nays - 30 . MAYOR Barb Brancel COUNCIL Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 6 February 1991 RE: Proposal for Cleaning Services - City Offices FILE NO: 405 (Admin.) Shortly before the end of last year the former City Administrator had assigned the former Deputy Clerk the task of changing cleaning services for the City offices. Apparently for the past several months there has been some dissatisfaction with the current service, Small Business Cleaning. In discussing this matter with the staff, there have been several occasions when the current cleaners have had to be reminded to do the weekly cleaning tasks and there is some question as to whether some of the more infrequent tasks are being done at all (see attached memo from Anne Latter). We have received the attached proposal from Paul Helgesen, Clearwater Office Cleaning, to perform the cleaning services we have identified, for less money than we are currently paying. We currently pay $55 per week for cleaning. Mr. Helgesen proposes to do the same work for $49 per week. In addition, he proposes an option of coming in midweek, on an as-needed basis, to clean the main lobby, for the same price we are now paying. I feel this is extremely important, particularly during this time of year. Ordinarily I believe this would simply be an administrative decision. However, since my current position is only temporary, I felt it advisable to inform the Council before taking any action. It is also worth pointing out that Mr. Helgesen is the husband of a current employee of the City, Patti Helgesen. While there is no City policy against such an arrangement, I would appreciate knowing if anyone on the Council has any concerns with it. A Residential Community on Lake Minnetonka's South Shore Be=. _._ <._ _~"._..__r_...""'."-.._-' ~.< "'._. ,...".. ,........'_.<"',."'_. __ __,_ ~'_'"T___._ ~_ , , . . Cleaning Services Memo 6 February 1991 Page two This item is included on the consent agenda for Monday night. Unless there are any objections from the Council, it is my intent to discontinue the services of Small Business Cleaning and have Clearwater Office Cleaning start work on 1 March. As a final note Mr. Helgesen does carry the necessary insurance required for thi~ type of work. cc: Glenn Froberg Paul Helgesen -2- - .........--....------.-.- \ . . Brad TO: FROM: Anne DATE: February 4, 1991 REF: Small Business Cleaning Weekly Cleaning City Hall As discussed, these are some of the items I mentioned to Jeff pike - a couple of weeks ago. vacuuming main office not being done thoroughly, especially the Finance Department. Ledges ( dividers) not being dusted. blinds and down the basement stairs. Including window ledges, Baseboards, I don't think have ever been wiped. Vacuuming fabric on all chairs, especially the council and Conference rooms. Office equipment (designated as weekly) not dusted. Mine for sure as I need to do this weekly myself. Polishing of chair arms (wood), conference tables and Council main floor wrap-around table - looks like has never been done. Monthly dusting of blinds and window sills - not done. Actually in reviewing the contract items for duties to be done weekly, monthly, quarterly and as needed; are not being handled as agreed. I have spoken with Sandy, AI, Larry and Jeff Pike with reference to the cleaning services we are not getting. Have left numerous notes to the cleaners listing the items of concern to no avail. . -",'--- ..._-.--_.- --.-...-.- .- - ,.....---.--..--..-'''.,-,.,..>'--.-.,.... \, . . February 4, 1991 Mr. Brad Nielsen Acting-City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Office Cleaning services Dear Brad: Please find enclosed my proposal for the cleaning of the City offices and Council Chambers. If you would like me to make changes in the specifics, please let me know and I would be happy to do so. I would also like to draw your attention to one thing which you might want to consider. Having visited your offices recently I noticed that, due to heavy traffic, the front entry and lobby area can become quite unsightly before the end of the week. I would suggest that we do an additional cleaning of this area mid- week. I could do this for as little as $6.00 per week, bringing the total proposal to $55.00 per week. I hope you find my overall proposal to your satisfaction. I look forward to making your facility a clean and attractive environment for the employees, Council and the public. Sincerely, !7Iiu-lJjt~ Paul Helgesen Owner, Clearwater Office Cleaning \ . . CLEARWATER OFFICE CLEANING 6120 Strawberry Lane Shorewood, MN 55331 (612) 4 i4-8437 Prooosa1 to the city of Shorewood Clearwater Office Cleaning is a small-business cleaning service designed to provide daily, weekly, monthly, quarterly and/or as- needed cleaning services to commercial offices. We would like to propose the following services to the City of Shorewood: WeeklY . Vacuum all carpeted areas, including stairs. . Sweep and mop all hard floor surfaces. . Dust office equipment and furniture. Desk tops if accessible. . Clean and sanitize restrooms and water fountain. . Keep glass free of smudges, etc. on main entry doors. Monthly . Dust blinds and window sills. QuarterlY . Clean ceiling light fixtures. . Wipe baseboards and all ledges. . Vacuum fabric chairs. . Polish all wooden chair arms, conference tables, lobby tables, and Council Chamber platform table. As-Needed . Defrost refrigerator. . Clean entry announcement boards and metal door framing. Clearwater Office Cleaning will purchase necessary cleaning supplies and bill the city for reimbursement. FEE: $49.00 per week CLEARWATER OFFICE CLEANING Ti~ A~ Paul Helg~ en, Owner . . RESOLUTION NO. A RESOLUTION PROCLAIMING MARCH 3 - 10 AS VOLUNTEERS OF AMERICA WEEK WHEREAS, Volunteers of America is one of this nation's and Minnesota's largest human service organizations and has been helping others for nearly 95 years; and WHEREAS, Volunteers of America wishes to schedule March 3 - 10 as Volunteers of America Week to commemorate its founding on March 8, 1896; and WHEREAS, the Shorewood City Council desires to encourage those in the Shorewood community who receive care through the services of Volunteers of America and recognize the dedicated staff and volunteers and the many people who help support its work through their financial contributions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City of Shorewood joins in celebrating the 95th year of service of Volunteers of America. 2. That March 3 - 10, 1991, is hereby proclaimed Volunteers of America week in Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February, 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - ~ . .. VOLUNTEERS OF AMERICA /7 I" j ~ I I-~ .-' ....,.,' , I -- . y ,--," ~1./-t'.C. ~.'1 . - - MINNESOTA 5905 Golden Valley Road . Minneapolis. MN 55422 . (61~42 January 17, 1991 The Honorable Barb Brancel Mayor of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Brancel: Volunteers of America, one of this nation's and Minnesota's largest human service organizations, has been helping others for nearly 95 years. Volunteers of America Week is scheduled for March 3-10, which commemorates its founding on March 8, 1896. I am asking you to proclaim the week in our behalf. Your personal proclamation will be encouraging to those in the Shorewood community who receive care through our services. Our dedicated staff and volunteers and the many people who help support our work through their financial contributions will be equally appreciative. Your interest and support makes a significant difference in the success of our organization. And, as you know, our success is measured through the lives of those we touch. I sincerely hope you will proclaim March 3-10, 1991 as Volunteers of America Week in Shorewood and ask that you join us in celebrating our 95th year of service. Respectfully yours, ~:; ~/!J::.I (j~:::ident JEH/dc Enclosures P. S.Your proclamation will be duplicated along with other proclamations and/or congratulatory letters to be put in booklet form. A booklet commemorating our 95th birthday will be placed in the reception area of each program. . "~"'_'",-..""",,,.~';--''''''. ~-"""'-.~~-' . Volunteers of America Minnesota ". ~ ' ... -. ...... :': .." "'-'~"'~- -,- . -, : - :.":. - . .. "'=~!~:~~~~~;IfI~~~'[~1"....". . The Volunteers of America was founded on March 8, 1896, in New York City. Les's than"::' ";;~~<,,,<::' four months later services began in Minneapolis. The Volunteers of America, a national Christian human service' organization, has a 94 year history of serving people in need; regardless of their race, color or creed. The staff of the Volunteers of America is comprised of individuals who not only have ad.- ministrative and/or professional social work expertise, but who also have a commitment to the Christian mission of the organization; the reaching and uplifting of all people. Last year, in addition to 320 staff, more than 1700 persons volunteered their talents to help enrich program services in Minnesota. At present, the Volunteers of America is operating the following services for the people in Minnesota. Services for Adults and the Elderlv * 5 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; * 43 congregate dining sites for senior citizens in Anoka and Hennepin Counties (Senior Nutrition Program); * home delivered meals for persons 60 years of age and over; * semi-independent living services and supported living services programs for developmentally disabled adults. Services to Children and Youth . programs serving autistic, autistic-like, and/or developmentally disabled children and youth (In-Home / Out-Of-Home Respite Care, Special Foster Homes, Intensive Treatment Center, Forestview Annex, Stevepcroft Apartment, & Stevencroft Home); . program for boys with severe behavioral problems; , . . . * children's emergency shelter; * in-home services and 55 foster treatment homes and correction group homes for emotionally/behaviorally disturbed children who may have a delinquency history (Family Treatment Services); * a residential treatment center for emotionally handicapped boys (Bar-None). . Correctional Services * pre-release and work-release correctional programs serving men (Residential Center); * women's jail, work house, and work release correctional facility (Regional Corrections Center). . * Services for Drue Free Neiehborhoods support services for community programs funded. in part by a grant from ACTION. Volunteers of America Board of Directors Of Minnesota James W. Feil, Chairman James E. Hogie Jr., President Mary E. Adams Ronald L. Britz Walter W. Faster Mark T. Flaten William L. Goodman Gordon M. Haga Peter L. Hauser Barbara King Ross E. Kramer John S. MacArthur William W. McDonald W. Lyle Meyer John T. Richter Erling W. Rockney Clayton W. Strand lie Renee J. Tait Robert E. VanValkenburg Dr. Harm A. Weber In Minnesota Mary E. Adams, Chairman James E. Hogie Jr., President Jack L. Dignum Robert E. Nolte Jr. Edward Settevig Edward C. Spethmann The Volunteers of America is a 501(c)(3) organization and eligible to receive tax deductible donations. The Volunteers of America meets all regulatory standards such as a certified audit, annual report, and filings with the Charities Division of the Minnesota Attorney General's Office. - VOLUNTEERS OF AMERICA 5905 Golden Valley Road Minneapolis, MN 55422 (612) 546-3242 June 1990 _....___~____________.___". ".".M~' 6 . . JOINT USE SANITARY SEWER SERVICE RENTAL AGREEMENT BETWEEN THE CITY OF EXCELSIOR AND THE CITY OF SHOREWOOD WHEREAS, the Metropolitan Waste Control commission no lo~ger will enter into rental agreements with the city of Excelsior to provide compensation to Excelsior for sewer service offered by Excelsior to Shorewood; and WHEREAS, the City of Excelsior has negotiated with the city of Shorewood to allow for the collection of such costs directly from the City of Shorewood; and WHEREAS, the City of Excelsior and Shorewood have reached an agreement for the determination of costs attributable to the City of Shorewood's use of Excelsior's facilities. NOW THEREFORE it is agreed and contracted as follows: 1) In consideration of the Excelsior Agreement to provide collection costs, various capital outlays and general and administrative expenses, Shorewood agrees to pay to the City of Excelsior during the term of this agreement an amount equal to Shorewood' s share of costs for these services as shown on the attached Exhibit 1; 2) The city of Excelsior agrees to provide its budget amounts for the coming year to Shorewood and its calculation of Shorewood' s rental obligation to Excelsior on or about January 1 of each year of the term of this agreement; 3) Shorewood agrees to pay one-fourth of its total obligation on April 1, July 1, October 1 and December 31; 4) Shorewood agrees to take effective steps to prevent inflow and infiltration of water into its sewer systems; 5) Shorewood further agrees to a readj ustment of rental costs in the event that additional units are added to the sewers covered by this agreement; this day of , 19 . . JOINT OSE SANITARY SEWER SERVICE RENTAL AGREEMENT BETWEEN THE CITY OF EXCELSIOR AND THE CITY OF SHOREWOOD Page 2 6) The City of Excelsior agrees to operate and maintain the interceptors in good operating condition and to pay all costs thereof; 7) The City of Excelsior agrees to provide access to its books and records for the purpose of demonstrating collection costs, capital outlays and administrative/general costs; 8) Renewal of Agreement. This agreement shall be and remain in force for a period of one year, from January 1, 1991 through December 31, 1991, and shall thereafter be automatically renewed for each successive year, unless cancelled by either party by written notice to the other party on or before January 1 of the final contract year. IN WITNESS WHEREOF, the parties have executed this Agreement City of Excelsior City of Shorewood Lucille Crow, Mayor Barbara J. Brancel, Mayor Gregory S. Withers, City Manager Bradley J. Nielsen Acting-City Administrator/Clerk . . Exhibit A Note: Excelsior's Exhibit A contains the formula by which Shorewood will be charged for sewer rental. The City Attorney feels that the formula is confusing and some refinement is required. As of this writing we have not been able to discuss the issue with Excelsior's City Manager to resolve our concerns. We hope to have a formula that makes sense prior to Monday night's meeting. ~ . 2/6/91 . RESOLUTION NO. A RESOLUTION APPROVING FINDINGS OF FACT RELATING TO THE TERMINATION OF SANDRA L. KENNELLY WHEREAS, a disciplinary hearing was held by the Shorewood City Council on January 28, 1991, to consider certain allegations brought against Sandra L. Kennelly pertaining to her job performance; and WHEREAS, at the close of said hearing, the Council passed a motion directing that Ms. Kennelly be terminated effective January 29, 1991, and that the City Attorney prepare Findings of Fact setting forth the circumstances of such termination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, that the City Council approve the following: FINDINGS OF FACT 1. Sandra L. Kennelly has been an employee of the City of Shorewood since July 5, 1973, and has served the capacities of part time clerk, City Clerk and Deputy City Clerk. 2. During the period of April 1989 to January 1991, Ms. Kennelly's immediate supervisor was the Shorewood City Administrator, Laurence E. Whittaker. In October of 1989, pursuant to Mr. Whittaker's recommendations, Ms. Kennelly was reassigned to the position of Deputy City Clerk and her job duties redefined. 3. In a memorandum to the City Council dated December 7, 1990, and in an Annual Performance Review memorandum dated December 10, 1990, Mr. Whittaker indicated that Ms. Kennelly's work was not being handled adequately, and she did not possess the necessary skills required for her job. Ms. Kennelly responded to the performance review in memorandums dated December 13 and December 14, 1990. 4. On January 14, 1991, Ms. Kennelly was notified by Acting City Administrator Bradley J. Nielsen that a pretermination hearing would be held before the Council at 7: 00 p. m. the following day to consider certain allegations pertaining to her job performance. Ms. Kennelly appeared for the hearing but declined to participate and requested that she be given additional time to prepare a response. She further objected to the hearing because it was to be held during an executive session of the Council. 5. By memorandum dated January 18, 1991, Ms. Kennelly was notified by the Acting City Administrator of certain specific allegations pertaining to her job performance and informed that she would be given an opportunity to respond to the allegations at an open meeting of the _....~-,,- --...,;:.'.:-._......--.,..~- 7~ . . Shorewood City Council on January 28, 1991. Said memorandum is attached hereto and made a part hereof as Exhibit A. 6. On January 28, Ms. Kennelly appeared with her attorney, Mark W. Kelly, at a disciplinary hearing held at a regularly scheduled meeting of the City Council and responded through her attorney to the allegations concerning her performance. Comments and remarks were heard from the floor and from the council members, and due consideration was given the matter by the Council, as recorded in the official minutes of the Council meeting of January 28, 1991. CONCLUSIONS 1. That the allegations made in the memorandums of Mr. Whittaker and Mr. Nielsen concerning Ms. Kennelly's performance are true and thereby constitute incompetence and inefficiency in the performance of duties. 2. T hat the above factors establish just cause for Ms. Kennelly's discharge, pursuant to Section 18, Subd. 1 (1) of the Shorewood Employee Relationship Policy. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of February 1991. Barbara J. Brancel, Mayor ATTEST: Bradley J. Nielsen Acting City Administrator/Clerk Roll Call Vote: A yes - Nays - . . KELLY LAW OFFICES WILLIAM F. KELLY MARK W. KELLY 351 SECOND STREET EXCELSIOR. MINNESOTA 55331 (6121474-5977 January 30, 1991 tf "N'b \:=> CoLt v u;: ~.1'l::> . '111.\ ,?, D \1:\:' - '- \,c:?\ Mr. Brad Nielsen Acting city Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Sandra Kennelly - Employee Discharge Dear Mr. Nielsen~ NOTICE OF APPEAL PLEASE TAKE NOTICE that Sandra Kennelly having been discharged from her employment with the City of Shorewood by action of the City Council, Monday, January 28, 1991, hereby appeals that action pursuant to Section 18, Subd. 4 of the Employee Relationship policy. FURTHERMORE, Sandra Kennelly requests that any appeal be conducted before an administrative hearing officer for the purpose of reviewing the City's action on issues of just cause, sufficiency of the evidence, and to otherwise review the findings of fact which the City adopts in support of its action herein as provided by Section 18, Subd. 1 of the Employee Relationship Policy. Request for Official Minutes: We have reason to believe that the City Council discussed Sandra Kennelly's job performance at an Executive Session January 14, 1991. between 7:10 p.m. and 8:25 p.m. and again January 15, 1991 at 7:00 p.m. We hearby request: 7 {;-I .. . KELLY LAW OFFICES . Mr. Brad Nielsen January 30, 1991 Page 2 1) that any taped transcription of these meetings or any other meeting of the City Council held since November 1990, at which Ms. Kennelly was identif-ied and/or her employment or performance was discussed, be retained as evidence in this matter; 2) that you provide us with official minutes of the January 14th, 15th, and 28th, 1991 City Council meetings: and 3) pursuant to Minn. Stat. 5471.705 Subd. 1(d), that the summary of the conclusions that the City Council may have reached regarding the evaluation of my client at any closed meeting held, at any time, including but not limited to January 14th and 15th, 1991, be made available within 24 hours of this request. I also request that the findings of fact to be prepared on the discharge action of January 28th, when finally adopted by the City Council, be forwarded to my attention directly. Sincerely, ~ ..:;7- yf-J k ~ ~k-"~. Kelly M\vK/pp I. . . February 7, 1991 TO: Mayor and City Council FROM: Glenn Froberg RE: Sandra L. Kennelly/Post- Termination Hearing On January 30, 1991, through her attorney Mark W. Kelly, Sandra L. Kennelly served the City with a Notice of Appeal of the City's action on January 28, 1991, discharging her from her employment. She further requested that this appeal be conducted before an administrative hearing officer for the purpose of reviewing the issue of just cause and sufficiency of evidence. Section 18, Subdivision 4, of the Shorewood Employee Relationship Policy provides for such a hearing to be conducted by the City Council to assist the City in reaching a determination in the matter; the Council may employ the services of the State Office of Administrative Hearings pursuant to the Administrative Procedures Act. When a City elects to utilize the service of the State, it files a request for Administrative Law Judge Services and agrees to pay for the services at the rate of $78 per hour. The Chief Administrative Law Judge then assigns an Administrative Law Judge to preside over the hearing. The hearing is usually held in the Council Chambers of the City H all at a time that is mutually convenient for the parties. The hearing is conducted pursuant to the Rules for Administrative Hearings, and proceeds much in the fashion of a court trial. Testimony is taken from witnesses and various records and documents are introduced as evidence. A court reporter may be employed by the City or the complainant, or the proceedings may be merely tape recorded such as done for our regular council meetings. A prehearing conference is usually scheduled before the hearing, at which time the parties' attorneys may review the exhibits and testimony which is proposed to be introduced, and determine what matters may be stipulated to and need not be tried. The pre hearing conference is also an opportunity to discuss possible settlement alternatives. Upon the conclusion of the hearing, the Administrative Law Judge will prepare Findings of Fact, Conclusions and Recommendation. The City may either accept or reject the recommendation, and although the decision of the Administrative Hearing Judge is not binding on either party, it is often a good indication what result might be expected if the case were actually tried in a court of law. Inasmuch as the administrative hearing procedure is a relatively inexpensive method of testing the validity of the council's action, I recommend that Ms. Kennelly's request that her appeal be heard before an Administrative Law Judge be granted. Imbw a.t.: &.c.L G. F. 1 f>-2- . MAVOR Sarb Srancel COUNCI L Krini Stover SOb Gagne Rob Oaug/'leny Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331.. (6121 474-3236 MEMORANDUM TO: Sandra Kennelly FROM: Acting Adminrstrator ~/f.1~ DATE: 18 January 1991 RE: Pretermination Hearing FILE NO: Personnel This is to advise you that the City Council took no action at your pretermination hearing held on 15 January. They will hold a second hearing on 28 January 1991, at a regularly scheduled meeting, at which time the followinsz soecific alJeszatiol]s, and other related items pertaining to your job description will be dIscussed. References to your job description are shown in parantheses after each item. 1. Council ~-finutes Book. The Minutes Book has not been kept current. Corrections and final drafts are not promptly incorporated into the book. (Job desc. No.1) 2. Code Books. Although the current master book appears to be up-to-date now, other Code books have not been updated. For example, the recent changes to dog, building and zoning regulations do not appear in the public copy of the City Code at the front desk. (Job desc. No.1) 3. Resolutions. Resolutions are not put in the book as they are received. Signed originals are kept in a pile on your shelf until it is convenient to put them in the book. (Job desc. No.1) 4. Licensing Procedures. You have failed to keep up on licensing procedures. For example, you stopped requiring licenses for tree trimmers, despite an existing Code requirement that they be licensed. When advised that they must be licensed, you were unable to locate the forms used when licenses were being issued. You have been remiss in informing licensees of deadlines for reapplying and notifying licensees of changes in City regulations (e.g. cigarette licenses). (Job desc. No.3) A Residential Community on Lake Minnetonka's South Shore - EXHIBIT A - ._ ___.~__ .0'"._."""""'..,,,.........,:..,'..,.. .~,",'~.."". ...._-.__~ ,"_'_r,~_._______ , . ,. . . . .... . . . Re: Sandra Kennelly Pretermination Hearing 18 January 1991 5. Special Assessments. Special assessments have not been filed monthly. Assessment searches are not handled promptly, sitting in your office for up to two weeks. (Job desc. No.8) 6. Inventory. There is no system for keeping the inventory of office equipment up-to-date. As of this writing the computers have not been marked or recorded. (Job desc. No.9) 7. Relief at Front Desk. You have not prepared schedules for relieving the front desk. Personal calls interfere with business calls when you are covering the front desk. (Job desc. No. 10) . These allegations and others are included, and elaborated on in correspondence from Larry Whittaker which are part of your personnel file. You have been given copies of all material contained in that file. In order for you to have time to prepare for the hearing on 28 January, you will not be expected to report for work. The Council has agreed that you will continue to be paid until this matter has been resolved. The Council has given you the option of having the hearing on 28 January in a closed executive session or during the open portion of the meeting that night. Unless I hear differently from you by 23 January, I will assume you prefer a closed session at the end of the meeting. Please let me know. cc: 11ayor and City Council City Attorney -2- ... ......- - ~ \ . . SUMMARY OF NODIFICATIONS The modifications to the original TIF plan are as followsz Subsection 2.09 Estimated Public Costs Public Improvements Oriqinal TIF Plan Modified TIF Plan Road Construction $ 920,000 $ 783,300 (a) Utility Construction 115,000 58,200 (b) Other Public Costs 540.000 294.500 (c) Total $1,575,0~0 $1,136,000 Less State Aid Funds 216.000 ( d) Net Costs $ 920,000 (a) Improvement of the Highway 7 frontage road between'the easterly line of TIF District #1 and Vine Hill Road has been deleted. (b) Extension of a watermain from TIF District #1 to the Shady lIills residential subdivision has been deleted. (c) Administration and Engineering costs have been reduced, Capitalized Interest of $170,000 as been eliminated, Bond Issuance costs have been cut by $29,500, and Contingency has been SUbstantially reduced. (d) The intersection design was approved by MNDOT and the State has allocated $216,000 for assistance in street improvements. Other modifications arez Subsection 2.10 Estimated Amount of Bonded Indebtedness. General obligation tax increment bonds in the amount of $1,575,000 have been replaced with revenue tax Increment Bonds in the amount of $920,000. The debt service flow shown in Exhibit llA of the original plan has been re-estimated as shown in Exhibit No. 1. The schedule of projected tax increment revenue shown in Exhibit I1B of the original plan has also been re-projected as shown in Exhibit No. 1. - -.-.i-~ - -,,;"'c" --: /0 J : ~c/2S. ..)'~~C 27 .' - . ."" ~1J ~~ ~e- NO U .C ~t -d] ~gr 0..'- CJ).. 6:~ - A.\ +' njV ~.,... QJ- (11~ OJVlC J;:'"" Q ~ b.... >t .,.. ~.l ,-. ;C +J 'r-. 8 l-i~~ -"f-l ctJ..- Q fV F ~. ,.t:: Q .- V) -.;J I.,J u J....... C+v'- 0 V Q g...... s.. 0J-<11 ~CtUS ~ Q~ .... V ~. W lAJ ;:c. ~ ./9~.59 , ()\<1l.........~ COOl<:tlIO . I I 1 <<> . NN...-t Q o-to-t I ~~ In , N t. (1J "t:1,-- OJ .a .,... ITI 't- r- ..... .,.. +-'~ a.... > ~< ~ .. ~~ ..OJ V ~ .. OJ +-' .;: ~ E ~ ~ ~+-' tI) U ItS .rt1 +> '.-C:07;'-" 0- .:;.l "" ~ So. cjJ ~ '0"1::1 OJ .... c" I: C"""" (oj ," 0 0 c: O-JCD~H BOND (\Iv. >:1 ~e- .-- ::J gt/) 8 VVI :;:J "g- -,... e- ~~ A. ty) .- 111 Cr<1U .- 0.. C C''- nI .':; g r;; ~f~ ,.-.p ..q c:: ~~ '" Q., '.u +I .-... V1l;:q ~ ~.~ q) ~,~ ....f'1~ Q 0. ~ "'"1<Ut) ~~ - $~ t) ~ Mr- .... g. J:CX 3~ iig M..... ~- u ~ ...... ~~ s::~ ~,O roI C1., EXHIBIT ID. 1 . SCHEDULE. B REPAYMENT SCHEDULE P. 2/2 ...... OOO~-lnQ~~~~~~~~~~ LO ~ ~ M ~ - _4 <:;) ,.... (Q (It '- N ~ \0 r- t") M .r.., (".f (.) ():) ~. ~ ~ ~ ~ ~ A N~-M\.O 0:;) ~ V'> CIO - N M r:r to ~ - -- OOO~~'om~CN~~NO_~<<> V\ trI to en .-. r') r.., - en ,..... - _ /"') ,.., t".J C'J -.r U) -, 'I/" l.J:> r'l C-.! 0". 00 0') en c;n .......", ~~ ~ ^ "- ... fill ...-("<t'..r_-' Q;\ rt') M M M r-1 f-i r-t r-1 OOM~~"""~k~hk_"""OOOQO C) Q .....4 N N ~I ~..., N N N N ('oJ <'J I;) <;;) (:J ,.... I'-. ~ ~ ,..... ,.... ,..... r--. ~.. r-~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ . ~ c:) ~ M r-. r-. rr") N r-. eO r-'l "<1' c:; <'J ('J CIO c ....... M Vl VI ...q. C"') N <:> CI"J LO Cl Q"l 0 0 <7\ 9? l"-. \.0 to --r Mr" ,. ,. ri .-t O~k*~~~~~tO~~MOQQO ...., M 9? CO M (') 00 (") M '0 ..r --r ~ '0 <.D Cl -. ('I C) (.., ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " ~ V,) I-() <:) t:) M ..~ .... ~. 0 (h t..... \.t'l r-1 M M c'1 ~ -J" ...r -.r ~ (") C.., LO r-1 --1 ..... ...... ...... - -i r-I rl .-. .-i ..... ...}. ~ M " r-1 o 0 - ~ \.0 ~ ~ ~ c.() "> '.0 \() \0 0 C Q 1::1 oc.no.n N M McOM(<lM <:;} ...,. rl 00 \ \Q ';:It ~.. \'J '<::) <.D . ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ 0'\ C7'l "=> (;;) 'D N ,...., N '.0 -I L(') Q"l C,", '0 "'1' t.f') U) -:r ~ M M ~., N -" ...... --- --c ...,.. Ln "'l" ............- OM~oooo2oaOo~cooO Q -' - <:) 0 0 <."> '-.J (.) 52 0 <:.) N ocr-QQQOO<)QQOr-. ~ - ~ ~ ~ ~ - - - ~ ft ~ ~ qo. ..... ..,. ~ ~}o ..... \(") 0'. 1-0 Q\ 'Or to N \0 .-. .- QJ co c Q <:> M r-1 N N U) ..............,'-' t-t r-1 r-f ....... ~ --t ~, g c o N I.J' q ,..... ..... ..~ NO...... I.t'I \0 -1' In I..n \l') 0 -- tJ::} ~ M M ":1' ~ N N <:> Q li'I Ln M M rl rl C't) M --+- ..,. ,... .-. /".f t-J an u'l V; V') M M ao (0 q, (n - p ~ - ^ ~ ^ ~ ^ ~ ~ ~ ^ ~ ~ - to tn ...... -- MM.... rl ~ Q"l r... t'- ":T' -.:- ..... ...... 'MMM~~~--MMM~MMMM ...... --.. .-4 ...... "..... ~.. ~ ..-.J -c _f .-. _, r-1 ........ t.f') CC CO Q"l Z; ~ ~ . . -NNMM~.~~~lo_~ro~m~o (1\ t:n 0\ CI. 0'\ Cl C"\ <n C7' d\ Q~ 0\ 0\ 9'\ (h 0\ .:n '=' I . I I . I I I . . . . I . . . . I ~~~~~p'~~4~~4~~~~,~~~~~ . I I . I , I . I , I I I I , I . . I..nN~N~N~N~N~N~N~N~N VI - I'd ~ ~ , . 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 January 1991 RE: Miller, William - Fence Height Variance FILE NO.: 405 (90.28) BACKGROUND Earlier this year our office received, in conjunction with a barking dog complaint, a complaint about a fence which had been erected at 25780 Sunnyvale Lane (see Site Location map - Exhibit A, attached). Upon investigation it was found that the owner, Mr. William Miller, had erected the fence without a permit (as required by Section 1201.03 Subd. 2.f.(I) of the City Code). It was also discovered that the fence is approximately one foot taller than allowed by the Code. Mr. Miller chose to apply for an after-the-fact variance, but as of the Planning Commission meeting on 15 January had not submitted information adequate to process the request. As of this writing, he still has not provided the required information. Consequently, what is presented herein is based upon our inspection of the site and discussions with the applicant. The subject property is zoned R-IC, Single-Family Residential and contains approximately 20,105 square feet in area. Exhibit B illustrates the location of the fence in question, relative to the setbacks for the site. Mr. Miller cites the following as justification for the variance: 1. The fence replaces an old four-foot garden fence which was previously located in approximately the same location. A Residential Community on Lake Minnetonka's South Shore II , . . Re: Miller, William Fence Height Variance 30 January 1991 2. The five-foot height is necessary to contain his two dogs. 3. Putting the fence in the location allowed by the Code precludes other uses of his yard, including a future swimming pool. 4. His neighbor to the north has a six-foot wooden fence located within the required setback area. ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 2 f.(9)(a)iv. of the City Code provides for fences up to six feet in height along rear lot lines and along side lot lines, up to the setback from the street right- of-way. In the R-IC district fences within 35 feet of the street right-of-way must be limited to four feet in height. In any variance request the first thing we examine is whether or not the proposed structure can be built on the subject site without a variance. If it can be done without a variance, then it must be determined that reasonable use can be made of the property. In this case there is ample room to erect a fence up to six feet in height. This is illustrated on Exhibit B. With regard to the applicant's reasons for the variance, the variance would not be necessary if he had applied for the appropriate permit in the first place. His dogs, as well as a swimming pool can be accommodated on the property within the limitations imposed by the Code. Finally, upon investigation it has been discovered that his neighbor's fence was also built without a permit. That owner will be contacted relative to correction of his fence. The Planning Commission and City Council spent considerable time last year studying the City's fence regulations. The current regulations have been relaxed from what previously existed and are considered to be reasonable. In view of this, and the fact that the applicant has failed to demonstrate any hardship, it is recommended that the variance be denied. It is further suggested that the applicant be required to correct the fence no later than 15 May 1991. cc: Glenn Froberg William Miller - 2 - (26) VQ , ~ ~ ~ ~ " -./' " (5) ..... P AlllC ('32) (4) ,- .' -- '-...~..." ...-~ '--- ::..:> -' ---: ~ ~..... - ....'" '- \. ......"":. ..........:._~ -"-, , ~ -- ,_.~ .,,.,.. ->- - t"'-...<..... -"'" 1,< " ., ~. - , (34) " \_) '-- \ - .~ ,.... I' ,. on ,~ 8 I ( 1"3) LOT I 4) ~ 112 , ... ( 14) \ .. ........ , ..r', ....__89__ ~- ~ ...., Q .,/ ~ ~ fA '3 G ~ ('36) 4 ~o/ . ern ~ '7 .....0 c]Sn Ao- v 9...... ~ (40) 49 ._~:?- ( "3"3) 1114 145 .('0 .-J :.~- -7 '--' '-. . ~-:,... '.- (34) , I , /<'- : "-J I r-, : ~: ( ~,' I '0 ooT II'" ("38) .& lJot1'k I":; %~' . . r ..> '8, ~ ('39) , LOT "' ex.c- (6) ,.....;,Q r '"" ( 12) I I '. ,- I. :; ,- , jo4 : I .--------_..& I Lor 10 q I I , ! f\'-.j o A I . r on (6) :e on ~ 0 A III UJ Q:: .... 0 ~ '" (27) (28) ~.. 2 ........ Exhibit A SITE LOCATION Miller ,- Fence Height Variance fS'~5'F ~..[..~,.! -.. l"~'.'" I , y y , ~ f~ LADD IUllYfJOIIS \..NV Q <( Q r:L . :l s w - > ~ o 'e I<{ , ( rw 2: -. ~-- . -... ........"" UI ""II:: Vie UNDfR MY UtI,.CT ~U..tN"'ISION 4..0 ;'1 \1 I .".' A DULY REG ISH REO lAND SURVEYOR N UNDER HtE 1""'5 Of fHE SlAT! Of ...'11..:....1. . ~ .~ . ., X}) , . c' ;. ,.;.- _12.-..~ 7:.?~_ ~ i'RliCf1;(;;; ~'-'<'I:.:--RfG\U.9~"J 1'" -. DATI W"VNI RIO",; RCG. NO '~il ann, ~(;III';LEN . ~t.-\~ 1:1'. i:'J .'ti :\SSOCIATES. INC. . SC.&l I: I 1unl"~IIII",.II'I"AYI . Shill :n.;..........'.1I t.l1"NISlJIA~~41J',"I1IJ)lhliO .'''. 50 Ie.' VALLEY .. tJo~'" , "-=- 50' WOc)[) ~ LA NE VI ,\I a:-__ .... J; o . ~~- ~ o ~ 150.3 SHC)REWO(J[) ACRES I!!.. ADO_' 2.5 r :l- f' r'l BLOCK 9 (l (J) Lor 4 S I,) b j t ~ t t="~ ~c...e. LOT 3 ._L ..~~~_~ P, ~~ "!.~.~ € q; '.11 " . j I' .'--r.. E"'SCN',€,N T LOT 6 Uf +0 ~ I h\~" fe~u.. 0. t (D\"'~ ~ '''' <:..~~.. hAt. .tc!, VI t\yeA. .J. ~ so. Z '3 M6,.)(. 4' h'j ~ fe~~ . __\t\ ~*~ 'AY'\tA _f"'o~ r.o.uJ . .....-. ;t# SUNN\' VAL l~ \.'} ." LANE 1.1 ,'., . nE'not.~_. iron T'lO'''lI! ,;(' 'OUI\(I Exhibit B SITE PLAN W"J\'l'(!,11 LO.l\N P'St'I'(I' Jilt! F'nr! ,T~hn "I .('" ri- 1"\'"'' - I ~ ",~",,"""""_n~"'__ - :----~ u----~--_ ~ J:- . nUn - . ~ ~ . -:0 I~JnAov'1~./7?1. ~J'L7J - · ~ - ?-~ dt 11/ u_ --<~- _~ aIdt:::~ ~. 'u.~~~~-hx/~ .-~~ /~1t~ J:he dJ;::~ ~ (~~ .~ ~ a--~ ~~ ~~.-!t cJ-I~ ~~~ ~~ H~ ~ .'--GL~UcL~ Jit~ ~ I~~~ d.bl'3fJ n.Jf1, LUJl ~ ~~ ~ t2.4J/?7~ ~-rIY~ ~~~~ad~MJo~~ ~~.A1 . ~L~ ,~~ UY~~ _ ~,hv~.~/~.~ _~~tt~ ~~.~'.. -~~ J::!/7l4I' ~ ~ . __-~- ~~-iM ~ '7.~ '. u ..- - n ~-.~=--~~ Z~."_, ..~ .. .. .___._...___.~J_. . .~ ~ ~J!tA7 ~~ Exhibit C ....., NEIGHBORHOOD OBJECTION . . . .... "~'.-' - ,..... ,.-,. ~ ,. '- . . - '. ' , .. . .~ ~ ~ kn.~ ,h~~ .~~~~_ ~~/k.r . .dJaLxu; ~~.~~~ -;:r:-~~:d~ ~.J ;J-~~~ W 1 ~ /~ ~ /v7,,;~~ ~Jz ' . )~h~ ;;tf~~ tUL ~;tv~~ ~ }Lu;' Uv t1xJ.; ~ ~ _W-€--d' ~ C( . Ud: ~~ ~~ c6-r~~ r~ ~t! ;tIu:t ~ ~/J~ ~ ~ ~ k;r--vdZJ 1W-::z<Y Ij2-~ ~ ~ Cl4l., pJ ::&#u4/'~ ~ ~~~tTn-~~. .. . ~ 4-v~~-zj -J-L : ~ ~ ~ /J~-// tI /.hru- ttA ... ~ -u~. ~. ~ /f ~Ad~;j;' ~.~ ~ ~ ~ tZU ~-a fi/Jd.n. ~ . .~ w-d/r.0t kuU ~c:l;' -", /p (AIr FU:- 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 DATE: 24 January 1991 TO: John W. Arnst 5480 Teal Circle Shorewood, ~ 55331 PROPERTY LOCATION: 5480 Teal Circle PROPERTY IDENTIFICATION NO.: 33-117-23-22-0024 I NOTICE TO REMOVE Offensive and Unhealthv Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: UNLICENSED/INOPERABLE VEHICLE: Red Ford Truck, no license, motor, bed or fenders Tan trailer, no license y~u are hereby required to remove the above-described matter and any other offensive m tter located on the property and in violation of Chapter 501, Section 501.01 within ten ( ) days froin the date hereof. In the alternative, you may file a written notice of appeal at tlie Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. *** PLEASE GIVE THIS MA TIER YOUR IMMEDIATE A TIENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL A Residential Community on Lake Minnetonka's South Shore 12..-\ .. FEB - I leSl . . January 31, 1991 city of Shorewood 5755 country Club Road Shorewood, MN 55331 To Whom-it May Concern: I have received your Notice to Remove Junk Vehicle. I have now licensed the trailer in question. I do not dispute the condi tion of the truck, and agree to remove it. However, the vehicle is located at the very rear of my lot and the only way to remove it would be to pull it to my front yard which is adjacent to Teal Circle. Under normal conditions this would not be difficult. However, the City snowplow has deposited a 5 foot high, 8 foot wide mound of packed frozen snow on my front curb and it is impossible to access my backyard from Teal Circle. Also, our driveway is dug in and the banks on either side of the drive prohibit rear access. Therefore, I would ask that the City consider extending my time to remove to May 1 when the snow is melted, the frost is out and the ground is firm so that I can move the truck with minimal damage to my yard. In the meantime, if it would please the city, I will cover the entire vehicle with a tarp so it will be completely out of sight, or do whatever else you feel necessary to make the truck less obvious until it is moved. Thank you for your consideration. sincerely, John Arnst 5480 Teal Circle Shorewood, MN 55331 12......2 _~..o~__..,_"",...,.-__,...~-,.__. ...-_.:-'~-_.__- '0' -._~__.- . . . ~esolution sends strong message to Legislature The League encourages cities to use the following resolution as a public opposition to further cuts in s.tate aid to cities. The resolution lists general concerns related to further aid cuts. City officials may ~onsider individualizing the resolution by including specific examples of how the cuts would affect their city. (A similar resolution is provided in the Minnesota Association of Small Cities publication.) Once passed by the city council, the resolution should be sent to local legislators, the governor's office, and local media. As cities face prospects of drastic aid cuts for Pay 1992-93, the Legislature must be aware of the debilitating effect of such cuts. JS Resolution Resolution opposing further cuts in state aid to cities WHEREAS: State aid helps fund basic city services for the City of _ and aid cuts would force large property tax increases and threaten cuts in these services; WHEREAS: Many city services are essential--police and fire protection, drug programs, ambulance and emer- gency services, and sewer, sanitation and water services--and affect citizens' health and safety. The state has an interest and responsibility to help finance these services; WHEREAS: If property taxes increased as a result of aid cuts. the tax rate disparities between some neighbor- ing cities and between cities and adjoining townships would widen causing great taxing inequities. The state has a responsibility to ensure a reasonable level of equity in its tax system; WHEREAS: Our city has already faced large aid cuts: in 1989. $85 million in aid was shifted from cities to school districts; in 1990, city aid was pennanently cut by $15.6 million and the $30 million LGA inflation adjust- ment was eliminated for Pay 1991 and all future years; for 1992, another $29 million dollars in local aid cuts are expected to meet the budget reduction target in the 1990 tax bill; WHEREAS: We oppose Governor Carlson's plan to cut local government aid (LGA) and homestead and agri- cultural credit aid (HAC,,) by $21 million to help solve the $197 million state budget shortfall; WHEREAS: Cities are not the cause of the current budget crisis. and cities, like our own. have proven to be frugal spenders. Per capita city spending in 1989 was virtually unchanged from its level in 1980; WHEREAS: While state spending on higher education, welfare. and state agencies has increased significantly. LGA and property tax relief funding have become smaller portions of state spending; THEREFORE: BE IT RESOLVED by the City Council of _' Minnesota. that state aid to cities be main- tained at current levels; FURTHERMORE: BE IT RESOLVED that further cuts in property tax relief programs or tightening oflevy limits for Pay 1991-1993 will force the City of _ to raise property taxes and seriously affect our ability to provide vital services to our citizens; FURTHERMORE: BE IT RESOLVED that our members of the Minnesota State Legislature oppose cuts in state aid to cities, tightening oflevy limits, or reductions based on fund balances. This Resolution is hereby passed and approved this _ day of _' nineteen hundred and ninety-one. Mayor Council President City Clerk Page & Printed on recycled paper IS- LMC Cities Bulletin \ . . CHECK APPROVAL LISTING FOR FEBRUARY 12, 1991 COUNCIL MEETING CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JANUARY 31, 1991 6124 VOID 6125 (G) BRADLEY NIELSEN SECTION125 DEPENDENT CARE $ 140.00 6126 (G) LEAGUE OF MN CITIES 1991 DIRECTORY 186.00 6127 (G) LEAGUE OF MN CITIES CONFERENCE - B. BRANCEL 60.00 6128 (G) LAURENCE WHITTAKER SECTION 125 HEALTH CARE 38.00 6129 (G) INTERNAL REVENUE SERVICE ADDITIONAL MEDICARE WITHHOLDING 4.70 6130 (G) US POSTMASTER POSTAGE-SR HOUSING NEEDS SURVEY 1,400.00 6131 (G) FIRST STATE BANK FED, FICA, MEDICARE WITHHOLDING 9,517.60 6132 (G) COMMISSIONER OF REVENUE STATE TAX WITHHELD 1,546.31 6133 (G) PERA PERA WITHHOLDINGS 1,688.90 6134 (G) ICMA RETIREMENT TRUST PAYROLL DEDUCTIONS 380.00 6135 (G) CITY COUTY CREDIT UNION PAYROLL DEDUCTIONS 60.00 6136 (G) HENNEPIN CTY SUPPORT/COLL. PAYROLL DEDUCTIONS 187.65 6137 (L) ADVANCE LIGHTING SOCKET-INSTALLATION 25.00 6138 (L) BELLBOY CORPORATION LIQUOR PURCHASES 6,080.16 6139 (L) COPIER ALTERNATIVES MAINTENANCE AGREEMENT-COPIER 30.00 6140 (L) FLAHERTY'S HAPPY TYME CO MISC. PURCHASES 245.80 6141 (L) GRIGGS, COOPER AND CO. LIQUOR, WINE AND MISC. PURCHASES 8,120.41 6142 (L) JOHNSON BROTHERS LIQUOR WINE PURCHASES 4,170.45 6143 (L) MINNEGASCO, INC. UTILITIES 143.02 6144 (L) MN BAR SUPPLY COMPANY MISC. PURCHASES AND SUPPLIES 347.15 6145 (L) MN SUBURBAN PUBLICATIONS ADVERTISING 372.00 6146 (L) MN VICTORIA OIL COMPANY UTILITIES 147.00 6147 (L) NATIONAL GUARDIAN SECURITY SYSTEM MONITORING 275.55 6148 (L) HARRY NIEMELA FEB RENT FOR STORE I 1,428.00 6149 (L) NSP UTILITIES 519.82 6150 (L) PAUSTIS AND SONS WINE PURCHASES 415.45 6151 (L) ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES 2,606.65 6152 (L) POGREBA DISTRIBUTING CO BEER AND MISC. PURCHASES 483.90 6153 (L) QUALITY WINE AND SPIRITS LIQUOR, WINE AND MISC. PURCHASES 1,907.14 6154 (L) RYAN PROPERTIES FEB RENT FOR STORE II 2,115.00 6155 (L) US WEST COMMUNICATIONS UTILITIES 234.10 6156 (L) WASTE MANAGEMENT UTILITIES 169.00 TOTAL GENERAL 15,209.16 TOTAL LIQUOR 29,835.60 TOTAL CHECKS ISSUED 45,044.76 -1- /9 , . CHECK APPROVAL LISTING FOR Ly 12, 1991 COUNCIL MEETING CHECK NO. TO WHOM ISSUED PURPOSE CHECKS FOR COUNCIL APPROVAL 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 AT & T UTILITIES $ AIRSIGNAL BEEPER SERVICES AMERICAN LINEN SUPPLY JANUARY LAUNDRY SERVICES EARL F. ANDERSEN & ASSO. STREET SIGNS CARGILL SALT DIVISION STREET SALT FOR ICE CONTROL CHANHASSEN LAWN AND SPORT CHAINSAW PARTS CHASKA PARTS SERVICE PUBLIC WORKS VEHICLE PARTS CRAD-MEL ENTERPRISES WASHER PUMP REPAIR/DE-LIME BURNER HAROLD DIRCKS COUNCIL MEETING TAPING DISCON OF MN RADIO REPAIR ON FRONT END LOADER ROLF E.A. ERICKSON FEB ASSESSING FEE AND SUPPLIES FINA FLEET FUELING GASOLINE PURCHASES FINASERVE, INC. GASOLINE PURCHASES FROBERG AND AHERN, P.A. JANUARY LEGAL FEES ON-GOING 180.00 DEVELOP. 20.00 TIF 200.00 GENERAL 2,280.00 LITIGATIONS 1,660.00 DISBURS. 144.65 RETAINER 250.00 PROSECUTIONS 1,560.00 GAB BUSINESS SERVICES GAB ENDORSEMENT ME042 HANCE HARDWARE, INC. TREE MARKING SPRAY PAINT HENN CTY TREASURER PRISONER EXPENSE FOR DEC 1990 HENN CTY TREASURER HOMESTEAD SUPPLIES JIM HATCH SALES CO. PUBLIC WORKS SAFETY SUPPLIES L-J RUBBER STAMP COMPANY PLANNING STAMPERS LONG LAKE FORD TRACTOR SNOWBLOWER RENTAL M-V GAS COMPANY M-V GAS-WARMING HOUSE MAC TOOLS PUBLIC WORKS TOOLS HC MAYER AND SONS DIESEL FUEL MINNEGASCO, INC. UTILITIES MN CELLULAR TELEPHONE TRANSPORTABLE PHONE-B. NIELSEN MN MAYORS ASSOCIATION MMA MEMBERSHIP DUES MN POWER CENTER TRUCK PARTS FOR PUBLIC WORKS MN STREETS SUPERINTENDENT MSSA MEMBERSHIP DUES MN SUBURBAN PUBICATIONS PUBLISHING VILLAGE-MTKA BEACH REFUSE BAGS AND HOLDER MTKA PUBLIC SCHOOLS WARMING HOUSE SUPPLIES MTKA PUBLIC SCHOOLS ELECTION SERVICES WM MUELLER AND SONS SAND FOR ICE CONTROL NSP UTILITIES NSP STREET LIGHT UTILITIES ORR, SCHELEN, MAYERON DECEMBER ENGINEERING FEES AND ASSOCIATES ON-GOING 234.56 DEV 556.88 SEWER 342.56 GENERAL 5,618.40 AMES. WELL 898.88 JOSEPH PAZANDAK JANUARY PROTECTIVE INSP. MILEAGE PEPSI-COLA CO. FEB. POP MACHINE RENTAL 6171 6172 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 (CONTINUED NEXT PAGE) -2- AMOUNT 10.70 9.00 370.63 29.60 1,380.56 18.40 180.76 599.93 180.00 180.50 2,906.48 564.96 440.90 6,214.65 1,833.47 16.15 243.50 613.05 145.40 107.60 600.00 201. 60 67.20 1,007.16 139.61 424.00 10.00 48.42 20.00 414.04 60.23 25.36 60.00 1,016.33 1,532.46 1,786.28 7,651. 28 48.33 10.00 ~'9 CHECK NO. PURPOSE . CHECK APPROVAL LISTING FOR .UARY 12, 1991 COUNCIL MEETING TO WHOM I S SUED CHECKS FOR COUNCIL APPROVAL CONTINUED 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 PIKE'S BUILDING MAINT. PRECISION COMPUTER SYS. PERA SAFETY-KLEEN CORP. SCOTT'S GLAS SERVICE SHOREWOOD TREE SERVICE KATIE SNYDER STA-SAFE LOCKSMITHS CO. STAR TRIBUNE TONKA AUTO AND BODY SUP. CITY OF TONKA BAY TESSMAN SEED, INC. TOTAL PRINTING SERVICES US WEST COMMUNICATIONS VICTORIA REPAIR AND MFG WASTE MANAGEMENT WA~R PRODUCTS CO. AMOUNT JANUARY JANITORIAL SERVICES $ BUDGETARY/UB COMPUTER SOFTWARE PERA PAYABLE FOR R. GAGNE CLEAN PARTS WASHER-REMOVE HAZ WASTE REPLACE (2) BROKEN WINDOWS-MANOR TREE TRIMMING SERVICES COUNCIL/PLANNING COMM. MINUTES KEYS FOR SE PUMPHOUSE/WATERTOWER PUBLISHING TRUCK PARTS AND SHOP SUPPLIES FOURTH QUARTER WATER/SEWER SERVICES GRASS SEED BUILDING PERMIT CARDS UTILITIES PARTS FOR TRUCK In3 UTILITIES WATER METER ACCESSORIES 220.00 7,000.00 191.25 124.00 97.50 4,350.00 400.00 11.50 420.00 27.92 320.50 100.00 53.32 534.41 6.00 393.00 222.13 TOTAL CHECKS FOR APPROVAL 45,640.07 TOTAL CHECK APPROVAL LIST 90,684.83 -3- CHECK NO. TO WHOM ISSUED HOURS AMOUNT , .. . CHECK APPROVAL LISTING FOR FE.ARY 12, 1991 COUNCIL HEETING PAYROLL REGISTER FOR JANUARY 31, 1991 PAYROLL 204847 VOID 204848 (L) SCOTT BARTLETT 23 REG HOURS $ 129.13 204849 (G) RANDI BERG 46 REG HOURS 223.67 204850 (G) ERIC CHILES 79.5 REG HOURS 351.14 204851 (G) CHARLES DAVIS 80 REG HOURS 639.50 204852 (G) WENDY DAVIS 80 REG HOURS 640.93 204853 (G) JEFF DETOFFEL 53.5 REG HOURS 245.28 204854 (L) KEVIN FOSS 11.5 REG HOURS 61.20 203855 (L) JOHN FRUTH 31 REG HOURS 139.91 204856 (G) SCOTT HASKINS 6.5 REG HOURS 35.23 204857 (G) PATRICIA HELGESEN 80 REG HOURS 768.60 204858 (L) BRIAN JAKEL 37 REG HOURS 170.90 204859 (G) DENNIS JOHNSON 80 REG HOURS 532.33 204860 (L) JOHN JOSEPHSON 20 REG HOURS 108.40 204861 (L) WILLIAM JOSEPHSON 80 REG HOURS 600.56 204862 (L) MARK KARSTEN 53.5 REG HOURS 223.94 204863 (G) SANDRA KENNELLY SEVERANCE PAY 4 , 291 .04 204864 (G) ANNE LATTER 80 REG HOURS 556.75 204865 (L) SUSAN LATTERNER 30.5 REG HOURS 146.91 204866 (G) TODD LATTERNER 61 REG HOURS 311.30 204867 (G) JOSEPH LUGOWSKI 80 REG HOURS 778.84 204868 (L) RUSSELL MARRON 42 REG HOURS 207.48 204869 (G) THOMAS MCKINNEY 41 REG HOURS 202.03 204870 (L) KELLY MICHELSOON 17.5 REG HOURS 83.38 204871 (G) LAWRENCE NICCUM 80 REG HOURS 656.50 204872 (G) SUSAN NICCUM 80 REG HOURS 1-0T 599.11 204873 (G) BRADLEY NIELSEN 80 REG HOURS 930.64 204874 (G) JOSEPH PAZANDAK 80 REG HOURS 844.08 204875 (G) DANIEL RANDALL 80 REG HOURS 729.14 204876 (L) BRIAN ROERICK 14 REG HOURS 68.72 204877 (G) ALAN ROLEK 80 REG HOURS 966.03 204878 (L) BRAIN ROSENBERGER 14 REG HOURS 68.98 204879 (L) CHRISTOPHER SCHMID 80 REG HOURS 478.87 204880 (L) CRAIG SCHOLLE 21.5 REG HOURS 100.14 204881 (G) HOWARD STARK 80 REG HOURS 583.88 204882 (G) RALPH WEHLE 80 REG HOURS 622.49 204883 (L) DEAN YOUNG 80 REG HOURS 565.50 204844 (G) DONALD ZRAZ IL 80 REG HOURS 1,054.91 TOTAL GENERAL 16,563.42 TOTAL LIQUOR 3,154.02 TOTAL PAYROLL 19 , 71 7 .44 -4-