The URL can be used to link to this page

042808 CC Reg AgP CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, 28 APRIL, 2008 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Lizee_ Woodruff Turgeon _ Bailey _ Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council/Planning Commission Joint Meeting Minutes, April 14, 2008 (Att. - Minutes) B. City Council Regular Meeting Minutes, April 14, 2008 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed/rom the Consent Agenda. Comments can be taken or questions asked/ollowing removal/rom Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. City Clerk License List - Tree Trimmer and Commercial Lawn Fertilizer Applicators (Att. - Deputy Clerk's memorandum) C. Approval of Request for the Wells Fargo Lake Minnetonka Half Marathon to traverse the City on Sunday, May 4,2008 (Att.- Deputy Clerk's memorandum) D. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach (Att. - Acting Administrator's memorandum) E. Approval ofthe Spring Clean-up Contract for Services (Att. - Acting Administrator's memorandum) F. Accept Plans and Specifications and Authorize Advertisement for Bids for 2008 Sealcoating of Streets, City Project 08-02 (Att. - Engineer's memorandum, Resolution) G. Authorize Expenditure of Funds for City Code Book Update (Att. - Deputy Clerk's memorandum) CITY COUNCIL REGULAR MEETING AGENDA - 28 APRIL, 2008 PAGE20F2 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Linda Murrell, Director ofthe South Lake Excelsior Chamber of Commerce, Request for Funding for the Lake Minnetonka 4th of July Celebration (Att. - Acting Administrator's memorandum) 6. PUBLIC HEARING 7. PARKS 8. PLANNING - Report by Representative A. Conditional Use Permit for City Hall Building Addition (Att. - Planning Director's memorandum; Draft Resolution) Applicant: City of Shorewood Location: 5755 Country Club Road B. Conditional Use Permit Amendment (Att. - Planning Director's memoranda; Draft Resolution) Applicant: Minnetonka School District #276 Location: Minnewashta Elementary - 26350 Smithtown Road 9. GENERAL/NEW BUSINESS A. Matt Philippi Request for Appeal to Zoning Violation (Att. - Staff memorandum) 10. ENGINEERINGIPUBLIC WORKS A. Accept Plans and Specifications and Authorize Advertisement for Bids for Lift .Station No. 16, City Project 06-01 (Att - Engineer's memorandum) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. ADJOURN . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 28 April, 2008 6:00 PM -;- City Council Work Session Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: One additional Tree Trimmer has applied for a license and two Lawn Fertilizer cOl;npanies have applied for the Commercial Lawn Fertilizer License. All license materials have been received at the City; therefore a license has been issued to the applicants. Agenda Item #3C: Th.e ~ual Wells Fargo Half-Marathon is scheduled for Sunday, May 4, 2008. The marathon route will be the same as past years. The race begins at 8 a.m., and the last of the runners are expected in Excelsior around 11 a.m. The SLMPD has been informed of the race. Council motion is to allow the marathon to traverse the City on Sunday, May 4,2008. Agenda Item #3D: The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard services are shared by the cities. Minnetonka Community Education (MCE) has provided these services in the past, and has submitted a proposal for the summer of2008. The beach will be staffed from J;une 7 - August 17, seven days per week. One lifeguard will beondutifrom 12:00 noon to 6:00 p~m. The City of Shorewood's fee for services for 2008 would be $3,701.70. This is slightly higher than the 2007 fee of$3,482. Sufficient funding is included in the 2008 Park Operating budget to meet the proposed fee. Staff recommends approval of the agreement. Agenda Item #3E: Staff is recommending award of the contract to Waste Technologies, Inc., for the Spring Cleanup day event to be conducted on May 1 ih, 2008. The rates provided are very close to rates provided in the year 2007. Agenda Item #3F: The City of Shore wood encumbered $300,000 ofthe 2008 operating budget for the maintenance of roadways within the City. This resolution approves the plans and specifications for sealcoating maintenance and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 21,2008. #. f . PRINTED ON RECYCLED PAPER ... Executive Summary -City Council Meeting of 28 April, 2008 Page 2 of3 Agenda Item #3G: The ordinances approved during the calendar year are typically sent on an annual basis to American Legal Publishing for codification. Each year, an estimated amount of funds are budgeted for this work. For 2008, a total of$I,750 has been budgeted. Staff has received an estimate in the range of $2300-$2800 from American Legal Publishing for this year's Supplement. Recommended council action is to authorize American Legal Publishing to proceed with the City Code Book Supplement No.3 edits, and authorize the use of funds from the General Fund to cover costs in excess of the $1,750 budgeted for 2008. Agenda Item #5A: Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, will be present this evening to request funding for the annual Lake Minnetonka 4th of July celebration. For the past few years, the City Council has approved $2,200 for this event. This amounUs available in the 2008 Budget. Agenda Item #8A: The Planning Commission has recommended approval of a conditional use permit for the renovation and expansion of the Shorewood City Hall building. Their recommendation includes a condition that a landscape plan be developed for the west side (front) and north side of the building. A draft resolution has been prepared for the Council's consideration. Agenda Item #8B: Representatives for the Minnetonka School District have requested a conditional use permit to add on to the Minnewashta Elementary School at 26350 Smithtown Road. A first phase adds new administrative offices, remodels existing offices into classrooms (2), and adds two more classrooms on the southwest comer of the building. A second phase would add a number of additional classrooms and a new gymnasium on the northwest comer of the building. This application is for Phase I only. From the start, staff indicated to school reps that the primary issues were parking, parking, drainage and parking. After two meetings, the.Planning Commission recommended approval of the Phase I improvements, subject to recommendations included in the Planning Director's and City Engineer's staff reports. The most significant condition of approval is that the District must submit a parking management plan for special event parking. This plan will be monitored for one year, after which it will be used to evaluate a conditional use permit for the second phase. Since the District is anxious to begin constructions so that Phase I will be done before school starts, staff has prepared a resolution stipulating that the parking management plan will beim;luded in a development contract between the District and the City. Ifit is not already, it should be made very clear to the School District that the future of Phase II will rely on the effectiveness of the parking management plan and its implementation. Agenda Item #9A: Staff has reported the progress (sluggish as it may be) ofa zoning enforcement action involving Matt Phillippi's property at 21155 Minnetonka Boulevard. Mr. Phillippi was cited for hauling a large shipping container onto the rear of his property. City staff has made four trips to the Ridgedale courthouse relative to this case, and a trial date has yet to be determined. Meanwhile, in what appears to be an after-the- fact appeal of the zoning violation notice, Mr. Phillippi has requested to appear before the City Council on Monday night to air a number of grievances relative to his property. Executive Summary - City Council Meeting of 28 April, 2008 Page 3 of3 Although his correspondence is somewhat disj ointed, staff has attempted to address his issues in a memonmdllinincluded in your packet. Agenda Item # lOA: Plans, Specifications and Estimate and Authorize Advertisement of Bids for Lift Station 16 Rehabilitation Project are being presented for approval. A resolution ordering the improvement, approving the plans, specifications and Engineer's estimate, and authorizing the Advertisement for Bids is included for your consideration. CITY OF SHOREWOOD JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING MONDAY, APRIL 14,2008 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 PM MINUTES 1. CONVENE JOINT COUNCIL AND PLANNING COMMISSION MEETING Mayor Lizee called the meeting to order at 6:00 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers Bailey (arrived 6:03 P.M.), Turgeon, Wellens, and Woodruff; Acting Administrator Brown; and Planning Director Nielsen Absent: Planning Commission Chair Schmitt; Planning Commissioners Gagne (arrived 6:04 P.M.), Geng, Gniffke, Hutchins, Ruoff, and VI~~~II\ None{' 'B. Review Agenda Woodruff moved, Wellens seconded, APprovi~ 's Presented. Motion passed 5/0. \ 2. REVIEW COMPREHENSIV N IS Mayor Lizee welcomed the Plan 'ers. She then asked Director Nielsen to lead the discussion on Comprehensive P process of updating its Comprehensive Plan (the Plan) which had been prepared approximately rs ago. He explained the issues sections of the Plan identified what items should be addressed in t e Plan. He stated at its March 18, 2008, meeting the Planning Commission reviewed a document prepared by the Planning Department which identified updates Staff recommended to the issues sections of the Plan. The updates included removing issues that had been resolved and adding new issues that would be addressed in the Plan. Some of the new issues included mandated items. The Commission recommended an additional five issues it thought should also be addressed in the Plan. Nielsen reviewed the Commission's recommendations which were as follows. 1. Control of "McMansions" otherwise known as very large homes on relatively small lots. (Land Use) There was a provision adopted in the Zoning Code which put a limit on the size a lot created by combining small lots could be. There were also hardcover requirements and building height restrictions. There would be additional discussion about what, if anything, could further be done to restrict the building of very large homes on small lots. 1#2AI CITY OF SHOREWOOD JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING April 14, 2008 Page 2 of5 2. The future use/development of the Minnetonka Country Club property in the event it ceased to exist as a golf course. (Land Use) Staff had been in discussions with the current property owner over the last few years and had suggested things such as tax credits and conservation easements to the owner as an attempt to keep the property as a golf course. The owner had conveyed that he did not want to make any decisions about the future of his property at this time. The value of the property would be worth substantially less as a golf course than it would be as a development. 3. The future use/development for the Howard's Point Marina property and its surrounding area. (Land Use) There continued to be a great deal of discussion among the owners of the Marina property (of which there were 26 at one time) about the possible sale of the marina property. Developers had approached the City with very grandiose plans for redevelopment of the area. nt. (Natural Resources) 4. Wildlife, such as habitat control and deer m The City had conducted a deer man would be done again this year; that wou 5. Years ago the major watermilfoil had bec en purple loosestrife. More recently Eurasian rn, as had buckthorn. i~~n wanted the Council's perspective about the new issues s Council thought should be included. jl ovide its perspective on the five issues just presented. Nielsen stated Staff and the P that were identified and any ad Mayor Lizee suggested Council coul The following is a summary of comments made regarding the issue of "McMansions". ~ The cities of Edina, Greenwood and Minnetonka had been trying to address the issue for some time. ~ The issue of "McMansions" existed throughout the United States. ~ There was some agreement that the City did not have much of an issue with "McMansion" construction, but the issue should be addressed in the Comp Plan. ~ There was question as to whether it was worth the time to have stricter controls to minimize the construction of "McMansions". ~ There was a provision adopted in the Zoning Code which put a limit on the size a lot created by combining small lots could be in the Minnetonka Manor area. The topic of blocking the view and sunlight was discussed at the time that provision was put in place. ~ It could be appropriate to consider the floor-ratio to land-area approach to controlling house sizes in the future. CITY OF SHOREWOOD JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING April 14, 2008 Page 3 of5 ~ Independent of the size of the lot, there appeared to be a commonality of building structures near the maximum size allowed on the lots; the structures filled a large portion of the lots. ~ If it was the City's position not to control the construction of "McMansions" then that position should be stated in the Plan. ~ McMansions could be built through an addition process as well as by new construction. ~ There was a suggestion that areas with smaller lots should be the focus for control. ~ There was a suggestion to just maintain awareness of the issue at this time but not try and further control "McMansion" construction. ~ The "McMansion" issue may just be a subjective style issue. ~ It was prudent to preserve property owners' rights. ~ The issue may actually be one of affordable housing rather than style. It would be a disservice to the community to not provide a variety of housing types. ~ There was some thought that the construction of "McMansions" on lake shore property should be controlled because of view. ~ There was some agreement that there should be further discussion as part of the Comp Plan revisions to determine if there should be y further restrictions put in place to control "McMansion" construction and, if here those restrictions should be in effect. ~ The property was currently zon e Family Residential with a minimal lot size of 40,000 square feet. ~ If it were to cease to b re would be transportation and utility issues. ~ The property could ere an undeveloped land if it ceased being a golf course. ~ The question hether the City should continue to secure a way to keep the property as e for a longer period oftime. ~ The desire to have utive 9-hole golf course on the property with the remainder of the property develop, as a dense residential development could be stated in the Plan. The intent would be for the 9-hole golf course to remain on the location for many years to come. This option would require the property be approved for development as a Planned Unit Development at the time of development. ~ Although it would be interesting to hear public feedback on how the property should be developed in the future, it was still private property so including a question about it in the City survey may not be appropriate. ~ There was consensus that the Plan be more general with regards to the future of the property. For example, the Plan could state it was the City's desire to have more open space and clusters of homes. he future use of the Minnetonka The following is a summary of comments made regaJ1 Country Club property. The following is a summary of comments made regarding the .issue of the future use of the Howard's Point Marina property and surrounding area. ~ The Marina property was currently private property, but there was an expectation that it would someday be sold. ~ It the property stayed as currently zoned, the property may be worth more as a marina. CITY OF SHOREWOOD JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING April 14, 2008 Page 4 of5 ~ There was not a great deal of development potential; technically there were no lakeshore lots unless the road was moved. ~ There was consensus that the property should be addressed in the Plan to allow the City to respond to potential developers. The following is a summary of comments made regarding wildlife. ~ There was question as to whose issue this was - the Planning Commission's or the Council's. There was consensus it was an issue for both. The Plan addressed other natural resources. The Planning Commission addressed the creation of wetland areas and open spaces which were habitat for wildlife. ~ There was consensus that the Plan should have a broad statement that wildlife would be managed. ~ There was consensus that the deer management program would occur again this year. The following is a summary of comments made regarding invasive vegetation. ~ The construction of a e intersection from Tonka Bay to the LRT Trail (this was a trail . side of County Road 19 should be addressed. The concept plan a 19 corridor study would be incorporated via reference. ~ It was noted't of Orono, Shorewood and Tonka Bay had applied for and received a grant D ibility study regarding a trail that would go from the County Road 19 intersection i the Dakota Rail corridor just north of County Road 15. Hennepin County would lead the study which was in its conceptual stage. ~ The Plan should address how the City wanted to have the area around the County Road 19 and Smithtown Road intersection redeveloped. There was consensus to keep industrial use out of the area. ~ There was a suggestion that the City should be actively considered acquiring properties that could be used for water treatment in the future; it was inevitable that the City would have to do more treatment of water in the future. ~ The Minnesota Department of Natural Resources was passively looking for additional public access to Lake Minnetonka. There was discussion about not having public access in highly residential areas in the City. sive vegetation and aquatic invasive vegetation and animal species. There intaining partnerships with other , ~ There was clarification made that there wer species. The aquatic invasive species includ should be an emphasis placed on deved~ing an organizations to address the problem There was clarification that Bucktho educate the residents on the issu~ll l There following is a list of other items tha ould ~ . a serious problem; it was important to 3. OTHER BUSINESS In response to a question from Commissioner Gagne, Director Nielson stated the City had guidelines for roadway surface width. Acting Administrator Brown clarified the minimum driving surface was 20 feet wide. CITY OF SHOREWOOD JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING April 14, 2008 Page 5 of5 Mayor Lizee introduced Missy Villet, the newest member of the Planning Commission, to the meeting attendees. 4. ADJOURN Woodruff moved, Turgeon seconded, Adjourning the Joint City Council and Planning Commission Meeting of April 14, 2008, at 6:43 P.M. Motion passed 5/0. RESPECTFULLYSUBNnTTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/ClerIf1lh, ,I , ,filii CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, 14 APRIL 2008 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff; Attorney Keane; Acting AdministratorlDirector of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda tla as presented. Motion passed 5/0. Acting Administrator Brown stated Sharon Klumpp, w' this evening to provide an update on the search for a I emergency. Turgeon moved, Wellens seconded, Approving 2. APPROVAL OF MINUTE A. Wellens moved, Woodruff se March 24, 2008, as presented. Mo pproving the City Council Special Meeting Minutes of assed 5/0. B. City Council Regular Meeting Minutes, March 24, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of March 24, 2008, as Amended in Item 9.D, Page 7, Paragraph 3, Sentence 1, change "Woodruffthen stated he was confused" to "Wellens then stated he was confused". Motion passed 5/0. C. City Council Work Session Minutes, March 24, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Work Session Minutes of March 24, 2008, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. 1#2B I SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 2 of 16 A. Approval of the Verified Claims List B. Authorize Expenditure of Funds to Plant a Prairie at Two Locations (This was moved to Item 9.F under General/New Business.) C. Adopting RESOLUTION NO. 08-027, "A Resolution Proclaiming April 25, 2008, as Arbor Day." D. Concession Operation Services Agreement for 2008 E. Park Coordinator Services Agreement (This was moved to Item 9.G under General / New Business.) F. Video Taping Service Agreement G. Adopting RESOLUTION NO. 08-028, "A Re LLP Request for Amendment to Term of Liquor." ution Approving Waterford Center . Agreement Regarding the Sale of H. Authorize Expenditure of Funds Co, Barrels Motion passed 5/0. 4. MATTERS FROM THE FLOO John Garfunkel, 5665 Grant Lorenz was present this evening to request Council to consider returning to an at-Iarge,J.. . He explained a little more than three years ago he presented a letter signed by thO I n pas t Councilmembers and/or commissioners requesting the Council to reconsider the nece . is om of the ward system of representation. At that time it quickly became clear that it was n ppropriate time to consider that request. He stated he thought now would be an appropriate time to onsider going back to the at-large election system. He explained that City had been through two election cycles under the ward system; therefore, the voters would be able to better articulate their perspectives on the ward system of representation. Also, three of the four councilmember seats impacted by the ward system would be on the election ballet this year. He stated although he understood there were many issues Council had to address, the methods and rules used to elect representatives in a democratic society was one of the most important issues. He requested Council provide a forum to take public comment on which method of representation the voters would prefer (a ward system or an at-large system for electing representatives) and why. He stated if Council agreed the issue should be addressed, he recommended public input be heard and decision be made before the filing for elections was opened for 2008. In response to a comment from Councilmember Turgeon, Mayor Lizee explained that the proposed City- wide resident survey may contain a question about this matter. Mr. Garfunkel stated from his perspective a public forum would be a better approach to receiving public comment. Lizee stated that approach could be considered. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 3 of 16 5. REPORTS AND PRESENTATIONS A. Update regarding City Administrator position Mayor Lizee suggested this item be continued to another meeting because Sharon Klumpp, with Springsted Incorporated, was not able to be present. Acting Administrator Brown stated Councilmembers had received a draft profile for the City Administrator position in their meeting packet. He said Ms. Klumpp was seeking comment from the Council on the profile and that could be done via email. In response to a comment from Councilmember Woodruff, Mayor Lizee explained that although the item would be continued, the search timetable should not be impacted. B. Richard Glidewell, LMA Development Director, presentation and request for funding for milfoil treatment on Phelps Bay Acting Administrator Brown stated that Richard Glidewel.wj~~e Minnetonka Association (LMA) DeveloPI?ent Direct~r, ~as present ~hi~ evening to present ,~fp1b sal and request fund!ng for treatm~nt of EurasIan watermtlfOlI (EWM) wlthm Carman, GraY~lllmd Phe Bays on Lake Mmnetonka durmg 2008. The proposal had originally been drafted by Dip(?d, Ex Ive Director of the LMA, and he was not able to be present this evening. Brown state n ''the proposal was originally prepared the funding request was being considered in the fo a ch e contribution. He suggested Council may want to consider the request as a contract for serv . D had cooperated in the 2006 Eurasian milfoil oil. The test was conducted on parts on Carman, bout 4 - 6 acres in size. The results of the test were ridge' there was a 90 percent kill rate for EWM and the Mr. Glidewell stated during 2006 the demonstration project to test herbici Grays and Phelps Bays; the bay very promising: in the area ar ~i native plant growth nearly douD Mr. Glidewell stated a Lake Vegetat " Management Plan (L VMP) was coordinated and developed by the LMA and LMCD and approved by the Minnesota Department of Natural Resources (MN DNR). He stated that in response to a 2007 survey, the respondents overwhelmingly stated that EWM had become a widespread problem. It interfered with most recreational activities, created a shore land cleanup and maintenance chore, and it diminished ecological health. Respondents also thought curlyleaf pondweed (CLP) must also be controlled. Mr. Glidewell stated the proposed program would provide (for the three bays) bay-wide selective herbicide control of EWM and CLP. Property owners would be restricted from their own localized treatments if they lived within the treatment area. The proposed treatments would occur in late-April or early-May; EWM and CLP were the earliest blooming lake vegetation and would be the only two weeds treated. Mr. Glidewell clarified this was a 5-year program. Mr. Glidewell stated for the demonstration project, the US Army Corps of Engineers took samples of380 locations in Phelps Bay and tracked the native plants and how bad the EWM and CLP were in the locations. Those locations would be tracked again in mid- to late-June 2008, and again in late August or early September. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 4 of16 Mr. Glidewell reviewed the estimated costs for the five years of treatments, project management, administration and permits for Phelps Bay which were: $71,000 in 2008 and 2009; $58,000 in 2010; $28,000 in 2011; and $20,000 in 2012. The costs were based on bids received and were estimated on the high side. The 2012 estimated costs were roughly 25 - 30 percent of what the cost would be to harvest the Bay. For 2008, the MN DNR would provide a grant of $8,000 - $15,000 towards the program for Phelps Bay and the LMCD would commit $10,000 to the program. The lakeshore property owners were attempting to secure funds for the remainder of the 2008 cost. Mr. Glidewell explained the MN DNR required a 50 percent participation rate of lakeshore property owners in the area; currently more than 80 percent of the owners had agreed to the treatment. Responses had not yet been received from vacationers or individuals who were gone for the winter. For those that did not want to be treated, the applicator would not apply herbicide at that GPS location. He commented the same applicators used in the 2006 demonstration project applied to perform the work in 2008. Mayor Lizee stated she understood the City was being asked to commit. $6,000 for the treatment of Phelps Bay in 2008; the City of Mound had agreed to commit $1 000 (provided the other two cities also committed funds) and the City of Minnetrista had agreed to co $6,000. ~ Mr. Glidewell made the following clarifications in respo s from Councilmembers. f ~ I If the City committed $6,000 to the 20 would be $1,000 - $2,000 short at The LMA was responsible for ma be the project manager. With regard to executi and would enter into Corps of Engine great value. #mf The MN DNR D had only committed to funding for 2008. The LMA would have to try and see ional funding from the organizations for future years. The MN DNR had b very supportive of this effort. It was interested in determining if this method of herbi~ide treatment of EWM and CLP would work in other areas of the State. The L VMP could potentially be used as a protocol for treating other bays on Lake Minnetonka. On April 9, 2008, The LMCD Board agreed to use funds from its Save the Lake Fund to support the inspection effort. If the 2008 estimated costs for treatment were exceeded, the LMA would be responsible for funding the overage. The LMA was very comfortable with the estimates provided. There were approximately 40 properties on Phelps Bay that were located in Shorewood. All the Shorewood property owners had agreed to have their lakeshore treated. There would be an assessment of the treatment late June 2008 and late August or early September 2008. An assessment report would be provided after the data was analyzed. The Mound and Minnetrista city councils had requested the LMA prepare a five-year funding plan and review it with them so they had an understanding of what could be asked of them. ~ , ps Bay treatment effort, the funds raised ed. ~ect; it had contracted with the LMCD to ~ , all of the applicators would have to be bonded with the LMA. The MN DNR and the US Army results. Also, Mr. Osgood's expertise would be of ~ ~ ~ ~ ~ ~ ~ SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 5 of 16 ~ Future funding requested from the three cities' for the treatment of Phelps Bay would be prorated to reflect the estimated costs; based on current estimates the costs for years 3 - 5 would be significantly less. ~ The City of Mound owned the lake shore called the Commons which was all of the lakeshore located in Mound on Phelps Bay. ~ For this effort, the LMA and the LMCD strongly agreed that the funding for the treatment had to be both public and private. ~ Property owners were only allowed to treat EWM (or other approved vegetation) up to 100 - 120 feet out from the lakeshore; that treatment required a permit. The proposed program would treat out to a water depth of 15 feet. Attorney Keane clarified the LMA was the contracting authority for the project. The LMCD had a contractual relationship with the LMA with regard to its participation. He also clarified the City could set up a contractual arrangement with the LMA regarding any funding. Councilmember Woodruff noted that Rich Siakel, the Shorewood representative on the LMCD, was present this evening. I Councilmember Wellens stated his comments and questio\lsl were not intended to be all negative. He greatly appr Utted t ount of money the residents had committed to the treatment effort. He stated there w~ ~i!Y park, r trails on the City's islands; the residents on the islands use few City resources, yet they I significant property taxes. e proposal and its consideration of the program had been in place for many years. capital investment. She stated it was time for all species (both vegetation and animal) would be f . A, and the LMCD had met a few tImes over the last sive species. The group attempted to get the State to deo funding. Mayor Lizee stated she appreciated the proacti newest technologies. She commented the EWM h She noted the herbicide treatment wou quir the Lake area cities to discuss how' . treated. The mayors of the Lake two years to discuss the iss recognize the issue as a majori Mayor Lizee noted that she had re ved emails that day from the following Shorewood residents regarding the treatment program: Jim and Jolene Shoop; Mark and MaryAnn Abicht; and John and Barb Kimball. All of them encouraged the Council to support the LMA's request for funding for the herbicide treatment. Jim Salters. 4420 Enchanted Drive, stated for the last ten years he and his neighbors had funded a harvesting program for a cost of$3,500 - $4,000; he paid a significant portion of the cost. Based on past observations, harvesting of EWM did not eradicate it and it more likely exacerbated the problem. He respectfully requested the Council approve the request for funding for the herbicide treatment of EWM and CLP in Phelps Bay in order to help save Lake Minnetonka. That treatment would not only benefit the lakeshore property owners it would benefit all who are associated with the Lake. If the treatment could begin to control EWM and CLP the lake could be saved. If those aquatic invasive species could not be controlled, the value of the lake shore properties would decline and the City would not be able to tax the property owners at they rate they are currently being taxed. He then stated from his vantage point the Lake should be of value to generations to come. He also stated it was important for the Council to take a leadership position and request the State, Hennepin County, and other agencies to address this issue. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 6 of 16 Councilmember Woodruff stated his residence was located on Phelps Bay. Because his property could benefit from the treatment program, he would recuse himself from voting on the request for funding. Mayor Lizee stated she respected Woodruff s perspective, but in this situation the funding would either directly or indirectly benefit all who are associated with the Lake. Councilmember Bailey stated he would support going forward with the treatment program and funding for the 2008 effort as an experimental program. He did not foresee the City as the primary driver of a comprehensive EWM management program for the Lake. If the program was successful, there would have to be other funding sources identified for the larger effort. Mr. Glidewell stated the LMA's nine-year plan stated that after the initial first few years of herbicide treatment four times more acreage could be treated with the herbicide method than with the harvesting method for EWM control for the same amount of money. He commented that 2 - 4 weeks after EWM was harvested it returned. Councilmember Bailey stated the effort to control aquatic species should be a MN DNR effort. Councilmember Wellens questioned what, if anything, wou property owners on lakes such as Christmas Lake, Lake Wil the City would create vulnerability for itself by establish' a ve to be done to help the lakeshore d Lake Galpin. He stated he thought t. , Councilmember Turgeon stated she would not feel com vantage point the Council should address polic)ll....j. sues their lake shore in Shorewood; there was public ac~ The LMCD had no jurisdiction over t lakes jurisdiction over all of the lakes. She e she of funding; and 2) the $6,000 was no 0 n voting in favor of the funding. From her :here were six lakes which had some of c f those lakes and each of them had issues. lfH~m Lake Minnetonka; the DNR did have ; two issues: 1) the lack of a policy about this type ating Budget. Mayor Lizee stated the policy' 'be considered in the future. She then stated there was a project proposed for which th in' from the sister cities around the Lake, residents, the MN DNR, the State, and the LMA; th was an opportunity to further test a technology that had been proven effective in a small demons on project. The project was an opportunity to further prove that aquatic invasive species was a major problem and there were technologies that could help mitigate the problem. The LMA was asking for a small commitment from the City to fund the project. Rich Siakel. 25680 Birch Bluff Road, stated as a Shorewood resident he was in favor of the City contributing funds to this treatment effort. He clarified that he would not receive direct benefit from the effort. He stated it was clearly known that EWM harvesting had not been effective for the nineteen years it was done. When milfoil was cut only a few feet down and swimmers were not aware of it, serious accidents could occur if swimmers get caught in the milfoil. He stated it was prudent to further test the viability of controlling milfoil with selective herbicides. In response to a question fromCouncilmember Turgeon, Mayor Lizee explained that the breakdown of $24,000 requested from the cities of Minnetrista, Mound and Shorewood for the treatment of Phelps Bay was determined by the amounts of lake shore footage. She noted that the $24,000 requested was significantly less than the amount needed to do the treatment. Councilmember Bailey stated he did not want to create an open ended commitment for the City to solve this issue. He then stated he would support funding for the 2008 treatment only on an experimental basis; SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 7 of 16 the City would not be obligated to future funding. He shared Councilmember Turgeon's concern about the City's potential obligation to support treatment of the other lakes in the City. He also stated it was important that funding from other agencies be secured. Wellens moved, Bailey seconded, authorizing a contractual arrangement with the Lake Minnetonka Association for the herbicide treatment of Eurasian Watermilfoil and Curlyleaf Pondweed in Phelps Bay in 2008 for an amount not to exceed $6,000. Motion passed 3/1/1 with Turgeon dissenting and Woodruff recusing. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meetings Held April 2 and April 8, 2008 ~~' Ruoff explained the first public ?JVmll~onditional use permit amendment for Minnetonka School District 276. The D' oing a two-phase expansion. Because schools were conditional uses in residentla e District had requested a revised conditional use permit (C.D.P.) for its project. The first p he project would add approximately 3000 square feet of space to the existing building for two new ssrooms and some of the existing entry courtyard area would be enclosed to accommodate various administrative functions. The second phase of the project would add 19,500 square feet space for six new classrooms and a new gymnasium. After lengthy discussion, with the main focus being on parking, that public hearing was continued to an April 15, 2008, meeting. taken at the April 2, 2008, and April ose meetings). Commissioner Hensley reported on matters considered and ac . 8,2008, Park Commission meetings (as detailed in the minu't~ 8. PLANNING Commissioner Ruoff reported on matters consi Commission meeting (additional details can be Commission held three public hearings at hat me District 6. . OJlS taken at the April I, 2008, Planning t 'minutes of that meeting). He noted the ,'it continued discussions regarding Planning Ruoff then explained the second public hearing was for a setback variance for Joel Blatz. Mr. Blatz had requested a setback variance to construct an enclosed 5 foot by 6 foot entry to his home. The entry would be constructed at the front of the house, over part of an area currently covered by concrete slab and under an existing roof overhang, both of which extended across the entire front of the house. Because the house was located only 17 feet from the street right-of-way, a 33-foot variance would be necessary to accommodate the project. The Staff report stated the subject property and the location of the existing house had an interesting and even somewhat mysterious history. The house was built in 1967, before the road serving the plat was constructed. There was nothing in the City records that indicated why the house was allowed to be built 17 feet from the right-of-way. He related Director Nielsen had stated it was clear that this situation was not brought on by the applicant, which was one of the things considered when evaluating variance requests. Also, the request was not considered to be economic in nature. He stated the City's Zoning Code stated that where a structure was nonconforming because it was too close to one lot line, the City could require that the discrepancy be made up on the opposite side of the property. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 8 of 16 Therefore, Staff recommended that as a condition of approval the rear yard setback be increased to 83 feet from its current setback of 50 feet. A motion was passed 3/1 recommending approval of the setback variance subject to the increase in the rear yard setback. Ruoff went on to explain the third public hearing was for a request from the owners of Shorewood Liquor, 23670 Highway 7, to amend the City Code regarding off-sale liquor store hours of operation. The Commission unanimously recommended approval of an ordinance amending Chapter 401 of the Shorewood City Code Relating to Liquor to reference the hours of the State Statute. A. Setback Variance Applicant: Location: Joel Blatz 5520 Sylvan Lane Director Nielsen stated Joel Blatz, 5220 Sylvan Lane, had requested a setback variance to construct an enclosed entry to his house. The property was zoned R-IA, Single-Family Residential and contained 47,047 square feet of area. He then stated he did not have much to add to Commissioner Ruoffs report on the variance request. He commented he thought one of the r~p.sons the Commission recommended approval of the request was the large tree situated in front of I proposed entry would not be removed and the situation creating a nonconformance was not brough he applicant. 11,. Turgeon moved, Woodruff seconded, Adoptin Granting a Setback Variance to Joel Blatz, 5520 Sylv NO. 08-029, "A Resolution ,. Councilmember Bailey stated he was disappoi r report and the Planning Commission discussion did not refer to what he thou t was 'important issue, the issue of hardship. The applicant could have made reasonable he p rty without a variance; therefore he did not think there was a hardship in this situatio d f'enough for him to vote against the request. The other item that was not discusse situations had been handled in the past. There had been a lot of work done over th years e sort of precedent for those types of situations. For this situation the reason for the no lia was not because the zoning requirements had changed, it appeared it was because of an ove ht . behalf of the City. In similar past situations the Commission usually voted to allow the variance Itong as the noncompliance did not intensify. He suggested the Commission address the issue of hardship in the future. Councilmember Turgeon stated the increase in the rear yard setback variance helped convince her to approve the request. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Off-Sale Liquor Store Hours of Operation Director Nielsen stated the City had received a request from the owners of Shorewood Liquor, 23670 Highway 7, to change the City's Monday - Thursday hours of operation for off-sale liquor. Council discussed this request at its March 10, 2008, meeting at which time it suggested the Planning Commission hold a public hearing to take public comment on the change. The Commission held a public on April 1, 2008. The State Statute was changed approximately two years ago to prohibit the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 10:00 P.M. Monday through SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 9 of 16 Thursday; prior to that State Statute prohibited the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 8:00 P.M. Monday through Thursday and the City Code reflected these hours. The cities of Excelsior, Minnetonka, and Tonka Bay, all conformed to the new State Statute. Nielsen stated the Planning Commission unanimously recommended approval of an ordinance amending Chapter 40 I of the Shorewood City Code Relating to Liquor to reference the hours of the State Statute. He clarified that the establishments would not have to stay open later. Turgeon moved, Woodruff seconded, Approving ORDINANCE NO. 448. "An Ordinance Amending Chapter 401 of the Shorewood City Code Relating to Liquor to Reference the Hours of the State Statute." Motion passed 5/0. B. Discussion on City Survey Acting Administrator Brown stated he had distributed to Council a very preliminary draft of questions that that had been compiled from feedback received from Councilmembers and the Park Commission. The Planning Commission planned to consider what questions i wanted to recommend for inclusion in the survey at one of its upcoming meetings. He noted he 'ot performed any censorship of the questions, nor had he spent any effort on the format of the ns. Brown suggested Council discuss the survey questions at an upcoming work session. Councilmember Wellens stated from appeared to satisfy idle curiosity; . ed staff members Pat Fasching and Twila ~.. r~sidents. ~W f ay 12,2008, Council work session. Mayor Lizee stated she agreed with a work session. She Grout be asked about the types of questions they re ask ive Wfot of the questions in th~ preliminary draft survey if they would provide direction to the Council. Mayor Lizee stated she thou t surveys such as the survey the Ci that Staff thought would be of value. a dumber of leading questions. She suggested looking at other e many years ago, sister cities' surveys, and any other surveys Councilmember Turgeon stated she had not submitted any comments to Acting Administrator Brown about the survey. She suggested some of the Park related questions include cost and that the survey ask the respondents if they thought spending funds on a particular item would be the most appropriate use of those funds. Councilmember Woodruff stated he thought the draft survey contained some really good questions, but he thought there were too many questions. He suggested ambiguity in the questions should be minimized as should leading questions. The answers to questions should lead to actionable results. He recommended a professional be hired to help prepare the questionnaire. The mechanism for delivering the questionnaire would be a different discussion. Councilmember Bailey questioned what the purpose of the City survey was. Councilmember Woodruff stated to assess how the residents perceived the City was doing. Bailey stated there should be a predetermined purpose for a survey. He then stated he could !magine sending out multiple targeted surveys. He commented that one-half of the draft survey questions were Park related; he could imagine SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 10 of 16 conducting one survey specifically for park related items. He stated he agreed with having a professional help prepare the survey. Councilmember Woodruff stated Bailey presented some very good points that should be discussed in a work session. He commented the City had not been asked to conduct a survey. C. Discussion regarding settlement matter, 5795 Country Club Road Acting Administrator Brown stated at its March 24, 2008 meeting, Council directed Attorney Keane to research the cost to perfect and record the confession of judgment against Pastor Linus Nyambu. Attorney Keane explained the perfection and filing of confession of judgment would enter the judgment with the Hennepin County Clerk of Court, resulting in a judgment of record against Pastor Nyambu. The recordation required a preparation of an affidavit to be filed with the district court together with a filing fee of $55. He stated in his continued effort to wrap this matter up without additional burden to the City, he would prepare the affidavit and filing at only the expense of the filing fee to the City. Woodruff moved, Turgeon seconded, dire . confession of judgment relating to Pastor Linu to perfect and record the Keane then explained the judgment would remain of record fo would be a public record that would be disclosed on all applications, real property transfers, mortgage applicaf matters where credit or security interest may be of in Councilmember Woodruff stated he a for his time. Keane's offer to do this at no cost to the City Mayor Lizee questioned if the fect and record the confession of judgment. Attorney Keane stated the City 0 ave to do anything. If collection of the settlement was the . preferred mode of dealing with this ation, then the City could do it actively by turning it over to a collection service or it could do it passively by perfecting and recording the confession of judgment. Councilmember Turgeon stated Pastor Nyambu signed the confession of judgment and he understood if he defaulted on paying the settlement the City could perfect and record the judgment without anyone having to go to court. Motion passed 4/1 with Lizee dissenting. D. Discussion regarding the use of golf carts on City Streets Acting Administrator Brown stated at the March 10, 2008, Council meeting Councilmember Woodruff stated two requests had been received by Councilmembers regarding the use of golf carts on City streets. At that meeting Staffhad been asked to research that type of use. Brown explained the operation of golf carts on public roadway was governed under Minnesota State Statue 169.045 Special Vehicle Use on Roadway. He reviewed the conditions that would have to occur if SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 11 of 16 Council were to consider this use. The use would have to be governed by a local ordinance. Roadways on which that use was permitted must be designated as such. Brown stated the meeting packet included sample ordinances from the cities of White Bear Lake, Princeton, Slayton, and Gaylord; those cities had passed ordinances to allow such use. Brown noted that State Statute 169.045 made reference to four-wheel all terrain vehicles (ATVs). Council would have to consider if it would want to allow that use as well. Brown explained in the ordinances for the above four cities it appeared that the common use was for individuals with physical challenges or for the elderly. He did not think any of the four ordinances allowed for the use of ATVs. The State Statute stated authorization to operate a motorized golf-cart was by individual permit only. Authorized golf carts would have to display a slow-moving emblem and required to have the appropriate features such as a rear view mirror. He stated from an engineering standpoint golf cart use may be considered a distraction to some drivers. Slow moving traffic could cause problems on the narrow roadways in the City. Councilmember Woodruff clarified that he had received one riHuest, and he thought Councilmember Turgeon may have received the same request. The request w . 0111 a resident with physical disabilities. He stated he was aware of people who owned golf carts a perated them on City streets; he was also aware that some A TV s were used on City streets.tp}e this topic be discussed at a work session; he was not prepared to make a decision eit, )TIllIe co ented that one of the individuals operating a golf cart on City streets was handicapped an erfy. Councilmember Turgeon stated there was an ind;~\ E~~~{~ior and another one in Minnetonka who used golf carts on those cities' streets. She upport of discussing this topic in a work session. g Commission consider this topic and prepare a d the use of golf carts was allowed in the Boulder d only in that area. She then stated she thought it was e Minnetonka Police Department. She went on to state she y who stated there were some things that should be considered Mayor Lizee recommended Council i recommendation for Council to Bridge Farms Association on J~tinc prudent to request input from had spoken with an insurance agen from a liability perspective. Councilmember Woodruff stated he could support the Planning Commission addressing this topic. Councilmember Wellens suggested that rather than focus on the type of vehicle maybe the focus should be for use by handicapped people only. Councilmember Woodruff stated he would prefer the Planning Commission not restrict what it would consider. Councilmember Bailey stated the topic of who could operate the vehicles was not discussed in the Statute and maybe that should be included. Brown stated the City's ordinance could be more restrictive than State Statute. There was consensus to direct the Planning Commission to address this topic and make a recommendation to Council by the end of June 2008. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 12 of16 E. Discussion regarding E-waste for Spring Clean-up Acting Administrator Brown stated the City had an opportunity to participate in a joint electronics recycling effort with Hennepin County in conjunction with the City's Spring Clean-up Program. Hennepin County would pay for the recycling of the electronics and the City would have to pay for the cost of transporting the electronics to the recycler. He stated he thought it would require two 40-cubic- yard containers, although the amount of electronics that would be collected was unknown. He explained the containers would be placed at Public Works during Spring Clean-up Day. The vendor would be required to take the electronics to Asset Recovery Corporation located in St. Paul. After Asset Recovery emptied the containers, the vendor would retrieve their containers. The lowest quote received to-date was $500 for the container service and transportation. He noted the Spring Clean-Up Program changed in 2007 to discontinue the curb-side collection component; the City had incurred costs for the 2007 drop-off recycling effort without the inclusion of electronic recycling. Brown stated the costs for the electronics component could be included in the other costs for Spring Clean-up or a nominal fee could be charged for the electronics. He commented there were eleven free electronics drop-off sites being established in cooperation with )Kaste Management. Mayor Lizee stated residents had been charged a fee to drop off an item such a i t~levision during past Spring Clean-up efforts. Brown stated in the past a resident would pay $10 drop off a television. He then stated he anticipated the City would collect more than 500 elebn c 1 e . therefore the City would not have to charge as much for electronics this year. " Councilmember Woodruff recommended the Ci~ Acting Administrator Brown provided. The City thought it would be a good investment, an 't was a s~s for the effort based on the information n s it also had free electronics recycling. He f small cost for the City to absorb. Councilmember Turgeon stated resid' Spring Clean-up effort. Acting verifying they were residents. , fiel~\ and Tonka Bay would drop items off during the IDf3P~wn stated residents had to provide identification Woodruff moved, Turgeon sec ed irecting Staff to proceed with the electronics recycling effort to be done as part of the Sp i Clean-up Program and approving the City fund the effort. Councilmember Bailey suggested the City charge a nominal fee to cover the transportation costs for the effort. He stated from his vantage point he thought the residents would consider it a real value to only have to drive a short distance to dispose of their electronics. Councilmember Woodruff stated he had considered recommending a small fee be charged but he thought why bother. He then stated he thought there were recycling funds remaining from 2007 that could be used to fund the effort. In response to a question from Councilmember Turgeon, Director Burton stated she thought it would be appropriate for the City to charge a nominal fee. Without objection from the maker or the seconder of the motion, the motion was amended to charge a resident a $5.00 fee to drop of any number of electronic devices for recycling. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 13 of16 F. Authorize Expenditure of Funds to Plant a Prairie at Two Locations This item was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated one of the reasons she had this item removed from the consent agenda was it appeared that the proposed location of the prairie on State Highway 7 would be in a State right-of- way. Mayor Lizee stated that item was discussed at the April 8, 2008, Park Commission meeting and she asked Engineer Landini to elaborate on it. Landini explained the City had submitted a permit application to the Minnesota Department of Transportation to do work in that right-of-way. Councilmember Turgeon questioned would be responsible for maintaining that prairies. Mayor Lizee introduced Joe Pazandak, the City's Building Official. Mr. Pazandak stated prairies were a hobby of his and they had proven to be less maintenance than caring for a regular lawn over the years. He explained the Public Works staff would maintain the prairies. Depending on the number of times the grass on the site would ha had to have been mowed, the prairies would pay for themselves (if only the cost of the seed and the 'ical application were included) in 6 - 8 years. If the labor savings were included it would be a I - ~~ ayback. Ah, ' v . Mr. pazandak explained the proposed prairies woul . ~riousve grasses which would require little maintenance and would go dormant during the w rrlonths; he had not proposed any forbs or flowers. The proposed grasses would allow an d gr ip the area to be treated with chemicals. Staff would invest less labor maintaining the site w d mowing the area. Staff would mow the area once in the spring and spray the area ith ch kill any undesired growth; that effort would amount to no more effort then it would e area twice. J$' cost ten times as much to seed and chemicals could 'first 4 - 5 years. He explained after the first 4 - 5 years s em would be restored; after that forbs or flower seedlings Mr. Pazandak stated prairies wi not be used to treat unwanted the quality of the soil and the could be spot planted in the prairie. Councilmember Woodruff thanked Mr. pazandak for providing the information about prairies. He stated he had two personal experiences with prairies. Because the public was not educated about prairies, he had heard comments about how ugly they were and that the grasses should be cut. He suggested the Park Commission take responsibility for educating the public. Mr. pazandak stated the Minnehaha Creek Watershed District wanted to use the proposed prairies as a demonstration model and to educate people on what could be done. He commented prairies were an acquired taste. The grasses would be greener during the summer months and they would turn yellow or red in the fall months. He explained there were some grasses that would only grow 6 - 9 inches high; those would not require mowing. Councilmember Woodruff suggested signage at the prairie and articles in the ShoReport could be vehicles for educating the public. Engineer Landini stated Julie Moore was writing an article for the next publication ofthe ShoReport. Woodruff suggested follow-up articles be published. Mr. pazandak stated the MCWD was going to put signage up. He then stated that the Public Works staff would take on the effort; it would not require much of his time. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 14 of 16 Woodruff moved, Welleus seconded, authorizing the expenditure an amount not to exceed $500 from the Park Fund for the creation of two prairies as specified. Mayor Lizee stated the City was very fortunate to have access to Mr. pazandak's experience with prairies. She stated planting prairies would help with storm water management. The prairies would also be consistent with the City's direction to reduce it carbon footprint. Lizee went on to state at the Park Commission meeting there was a request for $500 for the purchase of the seed and spray. She noted Mr. pazandak had volunteered the use of some of his supplies for the effort. She stated she thought it was important the City assume responsibility for the entire project and supply all the needed materials and equipment. She noted that some slopes would be difficult to seed and may have to be hydro-seeded instead at an additional cost; it would likely require an outside firm to conduct that effort. She suggested Council approve an amount not to exceed $1,000 for this effort; any funds that were not needed for this effort would be returned to the fund. The maker of the motion amended the motion to inc the understanding that there were sufficient funds, Councilmember Turgeon stated it was her understanding that t~ft Park budget included $8,000 for this such as rock, dirt, fertilizer, etc. II '. fl II ~ the to exceed amount to $1,000 with d in thlP'ark budget. , . G. Park Coordinator ended authorizing spending up to $500 ~ for additional funds if needed rather than Councilmember Turgeon stated the Park Commi . for the prairie project. She suggested the Park Co increasing the authorized amount at this ti e. Councilmember Bailey stated it was i # amount. Park Commission be made aware of the increased The seconder of the motion a ices Agreement This item was removed from the consent agenda at Councilmember Woodruff s request. Acting Administrator Brown stated the meeting packet included an Independent Contractor Agreement from Community Rec. Resources (CRR) for Park and Recreation Coordinator Services. CRR had provided those services for the past four years; the updated Agreement included some minor modifications from the one entered into in 2007. The Park Commission had reviewed the agreement at its April 8, 2008, meeting and the Commission expressed its desire to continue the Agreement for Park and Recreation Services with CRR. Brown then stated Staff had informed the Park Commission that some Councilmembers had requested the City partake in the Request for Proposal process for contract services. He related the Commission was more than satisfied with the services CRR had provided in the past. He noted that Councilmember Woodruff had questioned what the hourly rate would be for CRR; it worked out to be $45 per hour. He also noted that in 2007 CRR was paid a total of$12,150. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 15 of 16 Councilmember Woodruff recommended the Agreement be modified to include the $45 per hour rate. He questioned the not to exceed amount of $20,500 specified in the Agreement when the amount paid for CRR's services in 2007 was just $12,150. He suggested a lesser amount be authorized. Acting Administrator Brown explained that CRR would be assuming responsibility for coordinating Lacrosse activities which would require additional CRR time; he estimated it may take 10 - 15 percent more time. Councilmember Woodruff suggested the not to exceed amount be changed to reflect 2007 actual expense plus 20 percent. In response to a question from Councilmember Bailey, Acting Administrator Brown explained that prior to coordinating Lacrosse activities the City had spent approximately the same amount for CRR services in previous years as it did in 2007. Woodruff suggested the not to exceed amount be changed to $14,000 and ifthere was a valid reason to exceed that amount authorization for additional funds should be uested. 10. ENGINEERING/PUBLIC WORKS t Contractor Agreement for Park urces subject to the Agreement ed amount of $14,000. Motion Woodruff moved, Wellens seconded, approving the In and Recreation Coordinator Services with Commu being amended to reflect an hourly rate of $45 passed 5/0. Engineer Landini stated the Minneh Agreement for Wetland Conservation had accepted the Joint Powers 11. A. Acting Administrator Brown stated spring street sweeping had been started. The sweeping was not being done to the edge of the road at this time on roadways without curbing; that would not happen until the ground dried out. He related that Councilmember Wellens had requested a schedule for the sweeping be prepared. Brown indicated the schedule was unpredictable because of weather. Acting Administrator Brown stated there was a South Lake Minnetonka Police Department strategic planning work session scheduled for 2:00 P.M. on April 15th; there was an Excelsior Fire Department Operating Committee meeting scheduled for April 17th, and there was a SLMPD appreciation banquet for the Volunteer Reserves Officers scheduled for April 17th. Councilmember Woodruff questioned if the Southshore Center working group was still meeting to discuss funding for the Center. Mayor Lizee stated meetings were still occurring. She stated the Friends were meeting that evening, and they had been invited to a meeting on April 29th after a tour of Sojourn. The last meeting the City attended was in early March. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 16 of 16 B. Mayor & City Council 12. ADJOURN Turgeon moved, Woodruff seconded, adjourning the City Council Regular Meeting of April 14, 2008, at 9:18 P.M. Motion passed 5/0. RESPECTFULLYSUBNUTTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk tf PAYABLESAPPROVALS For 04/28/2008 Council Meeting Prepared by: ii. ~ lIte: 14 / Date: (f~ j/2q) ~ Michelle T. Nguyen, r. Accounting Clerk Reviewed by: &u- ~ Date: ~'I~ Bonnie Burton, Finance Director Approved bY..~~ ~. Date: tJ4Lzri~ ~rown, Acting CIty AdmInIstrator #-.3 A PAYROLL APPROVALS For 04/28/2008 Council Meeting Prepared by.--f : ~c l'l- 0' Date: frV/21!/#f Ichelle T. Nguyen, r. Accounting Clerk L~ Date: otftlko6 , Reviewed by: Bonnie Burton, Finance Director Approved bY:~ / ~ - -= Date: ~~/ZCJof3 arry Brown, Acting CIty AdmInIstrator CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cjtyhall@ci.shorewood.mn.us MEMORANDUM DATE: April 23, 2008 TO: Mayor and City Council Members Jean Panchyshyn, Deputy Clerk (~ RE: 2008 Licenses FROM: For Council information, one additional Tree Trimnter has applied for a license and two Lawn Fertilizer companies have applied for the Commercial Lawn Fertilizer License. All license materials have been received at the City and reviewed for completeness. As all license fees and requirements have been met, a license has been issued to the Licensee listed. City of Shorewood - 2008 License List Talberg Lawn and Landscape 9315 Harriet S. 11770 Justen Circle .... t . PRINTED ON RECYCLED PAPER .., -tt-3B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.US- MEMORANDUM DATE: April 21, 2008 TO: Mayor and Council Members Jean Panchyshyn, Deputy Clerk F Larry Brown, Acting City Administrator / Director of Public Works FROM: CC: RE: A Motion Approving aRequest to Allow the Wells Fargo Half Marathon to Traverse the City on Sunday, May 4, 2008 The annual Wells Fargo Half Marathon is scheduled for this Sunday, May 4,2008. The Race Director, Adam Kocinski, had mailed the notice to the City earlier this year; however, it was not received in the office. The attached correspondence from Mr. Kocinski, states that there will be no change to the marathon route. A copy of the route map is attached. The South Lake Minnetonka Police Department is aware of this event. The runners will remainoh Cty. Rd. 19 until they enter the LRTin Excelsior near Beehrle Street. The runners are on the LR T for just a short time until they finish the race in Excelsior at the Wells Fargo Banle The race begihsat 8:00 a.m., the first runners finish around 9:15 a.m., and the last of the runners enter Excelsior around 11 :00 a.m. A portion of the race proceeds will be contributed to lake area communityorganizations. Council Action Approval of the request to allow the Wells Fargo half-marathon to traverse the City on Sunday, May 4, 2008. . C: Police Chief Bryan Litsey #. f . PRINTED ON RECYCLED PAPER .... #3t. PODIUM April 21, 2008 Mayor Christine Lizee City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lake Minnetonka Wells Fargo Half Marathon Dear Mayor Lizee: The 28th annual Wells Fargo Lake Minnetonka Half Marathon between Wayzata and Excelsior is scheduled for May 4th. We will begin in Wayzata at 8:00 am using the same route as last year. Once again, we will be contributing a protion of the race proceeds to lake area community organizations. Please send any permit applications your ordinances may require. I will complete and return them upon receipt. Should you have any questions, please call me at 651.238.2651. Sincerely, Adam Kocinski Podium Sports Marketing Race Director Podium 5j'orts Marketing 320 East !'vlain Street /inoka. MN 55303 - "YJ/IO ~ t '. ,91; JI d.-2~'~~~ ~ I- ~I J7'1;J-~ ex: {f;!...... II c; ~, ..J;i...... f , ~V'I~~ I i1 .~~\~....~~} '!~ .r:r--/--;"WiJ " ! UJ I 1J::~fLf~~ I I b i~ I ls, Qi' UJ I fi5i~- 15 I '" 4l ~j' I "i? 's _~L:::=~L.. . ..,.... -:r::::=::J~fi 'b f~ J5iil <j..~ ~ l!,~ -r~~~ \~i~~. / }F,J' 'l~! ~ ~ &/ ~'t '~/;- ~ -J~ ~ ~..},r . !-, ~ rsJ ~~\I '5 ? 4r'SPNQ:JlQ OI~.?(M ~ /l' II \\" ?1'-~'~~ ~ II 1l~\ l! ~l ~t~ '\, ~<<i ~ ~-(Il ...., )~ -,-- ?,Q. I y"'~ 'l;:1i ;C2 vir., /&~' - [oJ . tLS 'I @- ""~J. 0 ~~. . }~/l{L - \ !ttr,/'~ ~ 14,' -~~~: LLl_-l( \ l,.,.,! "~~'W., " ~"'~f"'C:"~ ~ ~ ""~,~ I S JO MOUw.. J ~0 Jr. A. I..... "-~ is ,<7 t:r.-; _~ II '" ~~)dl " ' \~-J"~ 4)' ~ ~ 'gte,:t1i~ ' ') E~..R\J~I ~ p~ hie /!.'l' )...~#(..g ! . ~' ~~.<' ~ ,~~ir -lL~ U5J-. " I~JS~ P10_ :<:ff '\ ~I ~ ~u,~ E\: ; j~7:}..r-'r- .. I ~ ~~ ;,,.. ~{ it ~:B ::~~. v~ -f j /~ )~.I' j I~~ ;,~~~_L ~~\~ I ~~~ ~ e::t"" & J1 \~,~' '" ~~\~~1l9:.- ~llP"~!~' ~ tE I. S i' V\J? ~'}f ~ <; \ ~ .. ( ,,' J 'E~ \\/:/... ~ :J ~ ~~' ~? ~. E ~". %.r ')1 1tl i J :2 'K":ll_...... l' / ~./' " 0 ~ "'.. ~. ." '0, :5, ~ oil ti "', - D:; --E'~ ~'" (/ ~ "0 i 1., UJ ~ ~ . i ~~ r~ ~~ . _ Sl~ ~ j ____~ n ~- ~ ~ '" E ~ 'i ~ ,.~" ~ z cu o~cO::: 01000::: ..._..c cuQ)1U"'" u.. C ... "... ClUO .!! .- ~ to Gi:E.....o :::,.Q)-Z ;>~lU-== cuI..:::: -oJ I i . I ..!~ ... CITyuOF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: April 24, 2008 TO: FROM: RE: The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard services are shared by the cities. Minnetonka Community EQucation (MCE) has provided these services in the past, and has submitted a proposal for the summer of 2008. MCE has also provided a Summer 2007 Beach Report. At its meeting on April 22, the Tonka Bay City Council approved the agreement for 2008 Lifeguard Services with Minnetonka Community Education. The proposed agreement is attached. The beach will be staffed from June 7 - August 17, seven days per week. One lifeguard will be on duty from 12:00 noon to 6:00 p.m. The City of Shorewood's fee for services for 2008 would be $3,701.70. This is slightly higher than the 2007 fee of$3,482. Sufficient funding is included in the 2008 budget from the Park Operating budget. COUNCIL ACTION: Staff recommends that the City Council approve and authorize the Acting City Administrator to execute the Agreement for Lifeguard Services for 2008 with Minnetonka Community Education. #. f: . PRINTED ON RECYCLED PAPER ... #=3D SERVING THE COMMUNITIES OF: MINNETONKA CHANHASSEN DEEPHAVEN EDEN PRAIRIE EXCELSIOR GREENWOOD SHOREWOOD TONKA BAY VICTORIA WOODLAND Youth Programs Minnetonka Community Education 4584 Vine Hill Road Deephaven, MN 55331 (952) 401-6801 (952) 401-6805 fax March 19, 2008 City of Shorewood 5755 County Club Road Shorewood MN 55331 Dear Jean Panchyshyn Enclosed is a copy of the beach report from the summer of 2007 along with the proposed 2008 beach contract. Thank you for your continued partnership with Minnetonka Community Education in providing lifeguarding services for beach patrons. If you have any questions about the attached report, you may contact Sarah Sparks at 952-401-6827. Please let me know you would like to make any changes for the upcoming summer. We look forward to another great summer Sincerely U C~- Tim Litfin Minnetonka Community Education Director Youth Programs Minnetonka Community Education 4584 Vine Hill Road Deephaven, MN 55331 (952) 401-6801 (952) 401-6805 fax A. Beach Report for Crescent Beach & Wekota Beach - Summer 2007 SERVING THE 1. Attendance averages for the summer COMMUNITIES OF: Cresent Time June July August MINNETONKA 12:00 1.45 .77 0 1:00 1.54 1.54 .18 CHANHASSEN 2:00 2.45 2.48 .72 4:00 2.81 2.83 .90 DEEPHAVEN 5:00 2.59 4.45 .63 5:30 1.59 1.61 .90 EDEN PRAIRIE 6:00 1.59 1.16 1.36 EXCELSIOR Wekota Beach Time June July August GREENWOOD 12:00 2.61 3.38 1.58 12:30 3.85 2.87 1.83 SHOREWOOD 1:00 3.66 5.93 3.41 3:00 9.14 10.2 5.58 TONKA BAY 4:00 5.52 7.48 1.91 5:00 3.47 5.12 2.33 VICTORIA 6:00 1.52 3.03 1.0 WOODLAND 2. Accidents or incidents 6-30-07 I :00 pm at the Wekota Beach a patron was stung by a bee. Appropriate first aid was given. 7-4-07 5:00 pm at the Crescent Beach, a 3-year-old child was on the dock with his parent, when he walked off the end and went under water. The lifeguard entered the water to assist the child and make sure he was able to breath. The child was released to his mother after the lifeguard evaluated the child's condition. 3. Groups or parties There were a few small neighborhood parties and birthday parties throughout the summer. We had no problems with any of the groups. The parent/child play day at the beach was held every day from 12:00-1 :OOpm. There were no problems with the group. ~~ET01V ~~ *' +7 t6~} 4>- . ~ fry 1)\) 1. Contractor's Service Proposed Agreement: Lifeguard Services for the City of Shorewood Summer 2008 Submitted by: Minnetonka Community Education (Contractor) 4584 Vine Hill Road, Excelsior MN 55331 February 6,2008 A. Lifeguard Services. The Contractor agrees to provide the city with qualified American Red Cross Certified personnel to Lifeguard the following beaches from June 7 though August 17.2008 on a seven day per week schedule. . Cresent Beach - one guard form 12:00pm- 6:00pm B. The Contractor agrees to provide: . An appropriate number of lifeguards on duty at all times, according to any applicable industry standards or regulations; . Ongoing in-service trainings during the summer season for all lifeguards; . Supervision of lifeguard personnel; . Safety equipment (back board & First Aid kits) for the lifeguards 2. City Obligations. A. Beach. The City agrees to provide a safe, clean and well-maintained beach and beach area as stated in this agreement. This includes defined swimming boundaries; sand and water free of debris and safety hazards; clean and sanitary restrooms; and a lifeguard station. The City agrees to provide a working telephone, rescue tubes, megaphone and lifeguard chairs as well as a safety boat with oars. B. Payment. The City agrees to pay the Contractor a total of $ 3,701.70 divided into two equal payments on July 14, 2008, and on August 14,2008, in return for services as stated in this agreement. 3. Reports. The Contractor will provide the city with all necessary information relating to the Lifeguard Services in order for the City to properly maintain the beach. On an as need basis the Aquatics Program Manager will report to the city representative in regards to incidents and/or accidents. At the end of the season (October 15, 2008) the Contractor will provide the city with a full report of beach activity during the season. 1 4. Insurance. The City is responsible for obtaining property and liability coverage for the beach. The Contractor will maintain professional liability and comprehensive general liability coverage for all employees in an amount consistent with Chapter 466 ofthe Contractor. 5. Indemnification. The Contractor agrees to indemnify and hold harmless the City, its employees and officers from any and all liability, loss, cost, damages, and expenses including but not limited to property damage and personal injury, including death, which arise in connection with any acts or omissions of Contractor's employees. The City agrees to indemnify and hold harmless the Contractor and its employees, officers, and agents from any and all liability, loss, cost, damages and expenses including but not limited to property damage and personal injury, including death, which arise in connection with the City's performance of this contract or in connection with any acts or omissions of city employees. 6. Liability. Employees of the Contractor and all other persons engaged by the Contractor in the performance of any work or services required, volunteered, or provided for herein to be preformed by Contractor shall not be considered employees of the City and any and all claims that mayor might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City, and other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Contractor, and any and all claims that mayor might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims by any third parties as a consequence of an act or omission on the part of said employees so engaged in any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Contractor. 7. Terms of Agreement. Notwithstanding the date ofthe signature of the parties to this Agreement, upon acceptance by all parties, this agreement shall be deemed tc be effective upon signature by all parties and shall remain in effect until October 2008 unless earlier terminated by either party, with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. 8. Default. If the Contractor or City fails to perform any of the provisions of the Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute default. Unless the party in default is excused by the other party, the non-defaulting party may upon written notice immediately cancel this Agreement in its entirety. 2 9. Subcontractors. The Contractor shall not enter into any subcontract for performance of any services contemplated under this Agreement nor sign any interest in this Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. 10. Authorized Representatives. The Parties to this Agreement shall appoint an authorized representative for the purpose of administration of this Agreement. The authorized representative ofthe city is: City Administrator 5755 Country Club Road Shorewood, MN 55331 (952) 474-3236 The Authorized representative ofthe Contractor is as follows: Tim Litfin, Executive Director Minnetonka Community Education 4584 Vine Hill Road, Excelsior, MN 55331 (952) 401-5043 11. Amendments. Any amendments to this Agreement will be in writing and will be executed by the same parties who executed the original Agreement, or their successors in office. 12. Entire Agreement. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreement presently in effect between the parties relating to the subject matter hereof. In V'/itncss Whereof, the parties have caused this Agreement to be duly executed intending to be bound thereby. City of Shorewood Date: Name & Title Minnetonka Community Education Date: 3 - ( ? -0 ~ irector 3 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM FROM: Mayor and City Council . J ~fh/ Larry Brown, Acting Cily Admimstrator" . April 25, 2008 TO: DATE: RE: Award of Contract for Spring Cleanup Services Spring Cleanup will occur on May 17th, 2008. Services to be provided by a contractor include providing waste roll-off containers, trucks, transport and proper disposal of general refuse products. In addition the contractor is to provide five laborers/drivers at the Shorewood Public Works Facility located at 24200 Smithtown Road. Staff solicited proposals from the following firms: . Waste Management . Allied Waste Systems . Randy's Sanitation . TCW Disposal . Waste Technology, Inc. . Blackowiak Disposal, Inc. Waste Technology, Inc. (WTI) was the only firm that submitted a return proposal. Staff contacted the other firms, and received the response that they were committed for that particular date in other municipalities. Staff has committed to re-contacting these firms after spring cleanup to discuss a more competitive process with these firms. Staff will determine if the lack of participation is due to changes to the proposal, date of the event, or other factors. Staff will commence with these discussions to discover how additional proposals can be obtained. Having stated that, the proposal received from WTI appears to be very (;ompetitive with known rates and what was charged last year. IT. '.J PRINTED ON RECYCLED PAPER fl:-3E Mayor and City Council Award of Contract Spring Cleanup April 25, 2008 Page 2 of2 Table 1 below indicates the rates charged in year 2007 and the proposed rates for 2008. Year 2007 Rate Amount Year 2008 Rate Amount Laborer/Driver Trucks and Equipment Setup - Da before Cleanu 1 3 Hrs $30.00 $90.00 $42.00 $126.00 Refuse 13.0 Tons $41.00 $533.00 $42.00 $546.00 12 LaborerslDrivers 5 Hrs $30.00 $1,800.00 $30.00 $1,800.00 Trucks and Equipment Day of 12 Cleanup 5 Hrs $100.00 $6,000.00 $100.00 $6,000.00 Total $8,723.00 $8,772.00 Notes: The final amount of the contract will vary in accordance to time spent and weight of material disposed of Amounts listed are approximate amounts based on the 2007 spring cleanup event. Based on the proposal provided, it is anticipated that there will be only a slight increase in the costs. Note that the actual final amount that will be paid is dependant upon the time spent and weight of the materials to be disposed of. Staff reviewed the unit prices for disposal of items and made adjustments to try to cover the costs of the event. Recommendation Staff is recommending award of the contract to Waste Technologies, Inc., for the Spring Cleanup day event to be conducted on May 17th, 2008. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us , MEMORANDUM FROM: Mayor and City Council Larry Brown, Acting City Administrator James Landini, City Engineer J- ~ April 23, 2008 TO: DATE: RE: Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Bituminous Seal coating of Streets for 2008. As part of the Operating Budget, funds are set aside each year for Bituminous Seal Coating of Streets. The 2008 budgethas $100,000 earmarked for seal coating and $200,000 for additional road maintenance. The additional road maintenance was discussed to be "Slurry Coating" or Polymerized Asphalt EmulSion, but due to its performance a different approach is recommended. The Slurry Coat did not perform and photos are attached for your review. Staff recommends seal coating with an upgraded bituminous.oil and incorporating a mill & overlay program. The upgraded bituminous oil is in use by the City of Burnsville and comes highly recommended. Streets chosen for the mill & overlay must have a foundation capable of supporting the surface and have a PASER rating of 4 or higher. The mill & overlay project and sealcoat aggregate expenditure will be presented to City Council on May 12, 2008. The $300,000 budgeted in total for road maintenance is proposed to be split between mill & overlay and seal coating. Streets scheduled for 2008 seal coating are shown on the attached map and are: Smithtown Road, Shorewood Oaks Drive, Oak Leaf Trail, Maple Leaf Circle, Burlwood Court, Park Lane, Eureka Road, Mann Lane, Seamens Drive, Christopher Road, Club Lane, Star Lane, Star Circle, Fairway Drive, Nelsine Drive, Wild Rose Lane, Sylvan Lane, Meadowview Road,Sunnyvale Lane, Valleywood Lane, Valleywood Circle, Maple View Court, Orchard Circle, Lee Circle, Birch Bluff Road, Boulder Bridge Drive, Boulder Bridge Lane, and Boulder Circle. This schedule may change due to budgetary constraints. The Cities of Shorewood, Tonka Bay, and Excelsior are letting a joint seal coating project. This will allow the cities to take advantage of economies of scale. #. t. . PRINTED ON RECYCLED PAPER .... ~ '3 f Mayor and City Council Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Bituminous Seal coating of Streets for 2008 April 24, 2008 Page 2 of 2 The total budgeted amount is comprised of two major components. The first component is the purchase of sea I coat rock, which will be presented at a later date. The remainder of the total budgeted amount is the portion for sweeping of roadways, furnishing and application of bituminous oil on the roadways, and the placement of owner furnished sea I coat rock. This component is the piece that has yet to be advertised and publicly bid. Therefore the attached resolution approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 21,2007. Staff will report to you next year as to the performance of the upgraded bituminous oil. Recommendation Staff recommends approval of the attached resolution that approves the plans and specifications for the Bituminous Seal coating of Streets for 2008, and authorizes advertisement for bids. CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING SPECIFICATIONS AND ESTIMATE AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR BITUMINOUS SEAL COAT PROJECT 2008 WHEREAS, the City of Shore wood designates $180,000 for seal coating; and WHEREAS, the Director of Public Works has identified streets within the City that need bituminous seal coating; and WHEREAS, the Director of Public Works has prepared Specifications and Estimate dated April 24, 2008 for a joint project within the Cities of Shorewood, Excelsior and Tonka Bay for the 2008 Bituminous Seal Coating of Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood, Minnesota: 1. The Specifications and Estimate was prepared by the Director of Public Works for such improvement. Said Specifications and Estimate are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on May 21, 2008, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of April, 2008. ATTEST: Christine Lizee, Mayor Larry Brown, Acting City Administrator/Clerk ADVERTISEMENT FOR BIDS 2008 Bituminous Seal Coating of Streets For the Cities of Excelsior, Shorewood and Tonka Bay Minnesota NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 21st day of May, 2008 and will be publicly opened at said time and place by two or more designated officers or agents of the Cities of Shorewood and Tonka Bay. Said proposal to be for the furnishing and placement of Bituminous Material and all labor for the placement of owner furnished Seal coat Aggregate. 2900 TON 51000 GAL 16000 GAL Placement of Owner Furnished F A- 2 Grey Granite Seal Coat Aggregate Contractor Furnished CRS - 2P Bituminous Material for Seal Coat Contractor Furnished CRS - 2 Bituminous Material for Seal Coat Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Twenty Five Dollars and No Cents ($ 25.00) per set. No Bids will be considered unless sealed and endorsed upon the outside wrapper, " BID FOR 2008 BITUMINOUS SEAL COATING OF STREETS" and filed with the City Clerk of the City of Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. The Cities of Shorewood, Excelsior, and Tonka Bay reserve the right to reject any and all bids. No bids may be withdrawn for a period of ( 30 ) days from the date of opening the bids. Date: April 28, 2008 BY: ORDER OF THE CITY COUNCIL Larry Brown, Acting City Administrator PUBLISHED IN: The "Construction Bulletin The" Sun Sailor" May 5th & May 12th ,2008 May 1 st & May 8th ,2008 2008 Bituminous Seal Coating AFB ~ N STREETS TO BE SEAL COATED . SIGN LOCATION REVl510N~ O~TE CHECKED BY JAL PROJ[CTNO 08-02 Ell CITY OF SHOREWOOD 2008 BITUMINOUS SEAL COATING OF STREETS CITY PROJECT NO. 08-02 PROJECT AREA MAP Pl-ANBY- BeB 04/XX/OB " l':' "1:1", ., : I' I ' \ . .' y' I \ , l' ,I' \ "-f;, \ .! f \ ;J ~ t,~. ? 'I '1',1' . I' \ ~ \ I I \: \ ,I . J ) 1 /' \' . A ;~11~ ~. <! '. .' t l.~\ l~ \i , F. f. I 1.1,1 . I ') I'., I \,'. I) . . , ~.'!~ ~I ~}\","\ ~ '. .."" , ~ "'," "~I ,'~ ~.~ } \,.~ f l J i" - .,i t:. I .i: . "a ~ -i ,"1l' I ~ 1 -~, \~ '. ".l": "., ~ !J' III III f:; {f 0 ~ Q Ilo (fJ ~~ ~ Ii! ~~ ,. :"t ''';' ~ t .Ii i j' ),' t t>.t 1:,\ )_'fvt , ...\ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM \: DATE: April 23, 2008 TO: Mayor and Council Members 1\1 ~ Jean Panchyshyn, Deputy Clerk ~v FROM: CC: Larry Brown, Acting City Administrator/Clerk Bonnie Burton, Finance Director RE: City Code Book Supplement 3 " The ordinances approved during the calendar year are typically sent on an annual basis to American Legal Publishing for codification. American Legal codifies those ordinances and provides the City with 40 paper copies of the supplemental new pages to update our hard-copies of the Code Book. They also provide a CD copy in MS Word and a CD searchable format. American Legal hosts the Code Book in a searchable format on its website, which they also update. The City has a link on its website to the Code Book on American Legal's website. Each year, an estimated amount of funds are budgeted for this work. For 2008, a total of$1,750 has been budgeted. Staff has received an estimate from American Legal Publishing for this year's Supplement. The estimate is based on the number of pages expected to be changed. The cost is $18 per page, and this year's estimated number of pages is 112, for a total of$2,016. The annual fee for hosting the Code Book on American Legal's website is $200, and updating the searchable format is estimated at $220 (based on 112 pages @ $1.95/page). As the number of pages is just an estimate, American Legal Publishing has provided a total estimate in the range of $2300-$2800 for this 3rd Supplement. '- Recommended Action: Authorize American Legal Publishing to proceed with the City Code Book Supplement No.3 edits, and authorize the use of funds from the General Fund to cover ~osts in excess of the $1,750 budgeted for 2008. #. ~ . PRINTED ON RECYCLED PAPER ... 1t-3G- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM DATE: April 24, 2008 TO: Mayor and City Council Members 1)(Y FROM: Larry Brown, Acting City Administrator RE: South Lake Excelsior Chamber of Commerce Request for Funding for the Lake Minnetonka 4th of July Celebration Linda Murrell, Director of the South Lake-Excelsior Chamber of Commerce, will be present this evening to provide an overview of activities planned for the annual Lake Minnetonka 4th of July celebration, and to make a formal request for the City's financial support for this event. So far, for 2008, other Lake Minn~tonka cities that have responded to this request include: City of Excelsior - $2,000 ~. City of Deephaven - $1,200 City of Tonka Bay - $1,100 City of Greenwood - will consider a $1,200 contribution at its May 6 meeting The 2008 City Budget includes $2,200 for this event. This Chamber has various sponsorship levels, which are described on the attached. A $2,200 contribution would qualify at the Bronze level of sponsorship. Council Action The City Council should determine the amount of funding it wishes to authorize for the 2008 Lake Minnetonka 4th of July celebration. J ,I. f . PRINTED ON RECYCLED PAPER ... " 11- S /I ~ ~ECEJVED MAR 3 1 2008 CITY OF SHORE WOOD som LAKE-EXCELSIOR Chamber of Commerce . . THE LAKE MINNETONKA 4TH OF JULY . CELEBRATION 2008! The South Lake-Excelsior Cha!llber of Commerce is proud to host the only public 4th of J uly celebration on all of Lake Minnetonka. It's a role that we honor and respect. As hosts, we take our responsibilities very seriously, with an eye toward ensuring that the spirit, significance and dignity of America's Independence Day are neither diluted nor lost in the shuffle. Minnesota Orchestra + Fireworks = Lake. Minnetonka 4th of July! We see it in the eyes of young and old spectators-the magic and joy gleaned from watching and listening to 75 masterful ~~sicians playing in unison against a July sunset in Excelsior Commons! As we enter our ninth year in partnership with the '. world class Minnesota Orchestra, it is gratifying to realize that we have launched and sustained a magnificent tradition that will be recalled by generations to come. !'\ "''; We invite your company to become part of the magic in 2008, by adding your name to the list of select sponsors who make it possible for the Minnesota Orchestra a:i.dthe fireworks to be seen, heard and experienced by thousands on the shores and bays of Lake Minnetonka. 2 2008 Lake Minnetonka 4th of July Celebration Sponsorship Opportunities " I PLATINUM-,PLUS SPONSOR $6,000 Reserved for a single corporate sponsor who will b~ the major sponsor of The NIinnesota Orchestra Concert. While the 4th of July flreworks have been held at Exc~lsior Commons for 115+ years, the Nlinnesota Orchestra joined the festivities in 2000. The hour-long concert, which immediately precedes the fireworks, has be,come as popular as the pyrotechnics themselves, and is now a c,herished part of the Lake NIinnetonka 4th of July tradition. '.. BENEFITS 1. Singular sponsorship with top billing on all print1 publicity and advertising starting 11ay 1,2008 - July 6,2008. Web page promotion begins immediately . and continues through Labor Day. ' 2. Invitation for you and 5 guests to our 4th of July Sponsors Dinner Cruise on Lake Minnetonka aboard Paradise Charter Cruises on Sunday, June 22, 5-7 p.m. ' j~ 3. Chamber website: a featured prof1le of your company as Platinum-Plus sp'onsor (as soon as you sign up - through Labor Day). 4. Listing on 4th of July promotional banner on Water Street OlU1e 23-July 6). 5. Top listing in the official Lake Minnetonka 4th of July Celebration . Program printed in the Lakeshore Weekly News on July 1. Circ. 25,000 6. Invitation to the pre-concert hospitality area for N10 musicians, staff, conductor, VIPs and you! photo taken with Conductor of J\1innesota Orchestra 7. Acknowledgement as the Premiere Sponsor at start ofl'vLO. concert to an in- park audience estimated at 8,000-10,000. 8. Display of your corpor.~te banner on MN Orchestra Trailer in close proximity to the 'concert'stage on July 4. 9. Opportunity to display your products/services at a tent or table location in Excelsior Commons 8 a.m. - 9:30 p.m. 10. Reserve seating & parking, if desired, for the event for up to 20 employees or associates (4 parking spotj). ~ 11. Excl~sive signage With your logo on a golf cart utilized throughout event to transport event officials and guests. 12. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. 3 I PLA~INUM SPONSOR $4,000 1. Invitation for you and 5 guests to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m~ on Lake Minnetonka with Paradise Charter Cruises. ~ 2. Company name liste~ on event banner"over Water Street, June 22-July 6. 3. Strategic placement of PLATINUM SPONSORS banner near Main Stage in Excelsior Commons on July 4th. 4. Prominent billing in the official Lake Minnetonka 4th of July Program (pull- out) in the Lakeshore Weeldy News distributed throughout western suburbs on Tuesday, July 1 ~t. Circulation: 25,000. " 5. 'Your company narp.e/logo prominently displayed on a Courtesy Golf Cart utilized all day at the event to transport volunteers and guests. 6. Mention in all Chamber-controlled publicity, May 1- July 6, 2008. , 7. Prominent display on Chamber's website advertising Lake Minnetonka 4th of July Celebration, including logo, immediately through Labor Day. 8. Opportunity to display your products or provide promotional giveaways a~ event 7 a.m.-7 p.m. (Table provided). 9. Onstage acknowledgement of your company's sponsorship prior to the start of the Minnesota Orchestra concert. . 10. Reserved seating, if desired, at the 4th of July concerti fireworks show. 11. "Proud Sponsor of the Lake Mi?netonka 4th of July Celebration" banner provided for display at your office location. . .1 DIAMOND LEVEL SPONSOR $3,500 1. Invitation for six (6) company representatives to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m., with Paradise Charter Cruises on Lake Minnetonka. 2. Listing on Diamond Sponsors banner near Main Stage on July 4th. 3. Prominent billing (after Platinum Plus and Platinum) in the official L~e Minnetonka 4th of July Program in Lakeshore Weeldy News, published July pt. Cire: 25,000. 4. Prominent mention in all Chamber-controlled publicity regarding the event May l-]uly 6,2008. 5. Prominent display under 4th of July banner on Chamber's ~ebsite including your logo, May i-August 31 6. Table display space reserved for your company at the event for giv:eaways, promotions (as long as they don't compete directly with food vendors).. .7. Reserve seating, if requested, for concerti fireworks. i 8. Space for your corporate banner along fenceline by stage all day. 9. "Pr~ud Sponsor of the Lake Minnetonka 4th of J uly Celebration" banner provided for display at your office location. 'J> 4 ., Listing as sponsor of Lake Minnetonka 4th of July Celebration Program in Lakeshore Weeldy News,' distributed on July 1 st around Lake Minnetonka 'and western Twin Cities suburbs. Circulation: 25,000 2. Listing on (i01..1) SPOt'>ISORS banner at the Excelsior Commons onJuly 4 th, 8 a.m. - 9:30 pm. 3. Prominent listing on all publicity issued by Chamber including listing on our website with logo between May 1 - Labor Day. 4. Inclusion in all press releases, advertising issued by Chamber in association .with the event. .; . 5. Your company's banner displayed at The Commons throughout the daylight -hours (we will ins tall/ take down). 6. Invitation for 4 company representatives to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m., with Paradise Charter Cruises on Lake Minnetonka. .. 7. "Proud Sponsor of the Lake Minnetonka 4th of J uly Celebration" banner '7' provided for your office location. " 't- I SILVER EVENT SPO,NSOR $2)500 1. Listing in Lake Minnetonka 4th of July Celebration Program in La~eshore Weekly News distributed July 1st around L~ke Minnetonka and western Twin Cities suburbs. Circulation: 25,000 2. Listing on SILVER SPONSORS banner at event. 3. It;lclusion in Lake Minnetonka 4th of July Sponsors Listing on Chamber's web site through Labor Day. 4. Space reserved for your company banner) at Commons during event (banners are removed prior to fireworks for security). 5. Invitation for, 4 company represen~atives to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m., with Paradise Charter Cruises on Lake Minnetonka. 6. "Proud Sponsor of the Lake Minnetonka 4th ofJ~y Celebration" banner provided for display at your office location. Ii 5 BRC~NZE. SPONSOR $2~OOO 1. Invitation for four (4) company representatives to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m., with Paradise Charter Cruises on Lake Minnetonka. 2. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. . 3.- Listing in Lake Minnetonka 4th of July Celebration Program in Lakeshore Weeldy News distributed July 1 st around La~e Minnetonka and western Twi,n Cities suburbs. July 1 st. Circulation: 25,000 4. Listing on BRONZE SPONSORS banner displayed at the event. 5. Inclusion in Lake Minnetonka 4th of July Sponsors Listing on Chamber's web site through Labor Day and on all press releases. 6. Space reserved for your company banner at Commons during event (banners are removed prior to fireworks for security). leOP'PER SPONSOR ~$1,50~ ~ 1. Listing in Lake Minnetonka 4th of July Celebration Program in La~eshore Weekly News distributed July 1st around Lake Minnetonka and western Twin Cities suburbs. Circulation: 25,000 2. Lis,ting on COPPER SPONSORS banner at event. 3. Inclusion in Lake Minnetonka '4th of July Sponsors Listing on Chamber's' web site through Labor Day and in all press releases issued by Chamber. 4. Space reserved for your company banner) at Commons during event (banners are removed prior to fireworks for s,ecurity): . 5. Invitation for four (4) company representatives to our VIP Sponsors Dinner Cruise, Sunday, June 22, 5-7 p.m., with Paradise Charter Cruises ori Lake Minnetonka. 6. "Proud ,Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. 6 IFUND THE FIREWORKS! Super, Star Levels $500 + Name listed on Super Stars Banner at Excelsior Commons throughout the event at Excelsior Commons, July 4, 2008. Name listed in official Lake Minnetonka 4th of July program, Lakeshore Weekly News, July 1. . NEW! $500+ donors wiD receive 1 custom-designed Lake Minnetonka 4h of July Sponsor DeCapper Bottle Opener. Perfect for boat, picnic, bar plus it's a cool keepsake. .. Donation must be received by 6/20/08. Stars $100 -$A2.2 Perfect for Fainilies: Narne listed on Stars Banner at Excelsior Commons' throughout the event at Excelsior Commons, July 4, 2008. Name listed in official Lake Min~etonka 4th of July program, Lakeshore Weekly News. Donation must be received by 6/20/08. Stripes $50 - $~ Individual donors only. Name listed on Stripes Banner at Excelsior Commons throughout the event at Excelsior Commons, July 4, 2008. Name listed in officjal Lake Minnetonka 4th of July program Lakeshore Weekly News. Donation must be received by 6/20/08. ' Patriots $25 ,:$49 Individual donors only. Name listed in official Lake Minnetonka 4th of July program, Lakeshore Weekly News. Donation must be received by 6/20/08 if you wish t~ be listed in the program. N on-cash contributions will be acknowledged by a receipL. " The second annual FEED THE FIREWORKS fundraiser will be held on Monday, Jun~' 2nd at area restaurants. Watch for ad; in local media in May 2008. 7 LAKE MINNETONKA 4TH OF JULY 2008 CELEBRATION RESPONSE FO. RM .- - .... ~<::! For planning & publicity, we need your response as soon as possible so that we may better coordinate this event. Please check the sponsorship category you have selected and fax or mail back to the address below: o PLATINUM PLUS o PLATINUM o DIAMOND o GOLD o SILVER o BRONZE o COPPER o Mini Venues (see p. 9) o Firecracker Race (see p.10) $6,000 $4,000 $3,500 $3,000 $2,.500 $2,000 $1,500 $- $1,600 ~ Exclusive! '" 3 slots open. See p. 10 . Major Sponsorship Level Commitments MUST be received in writing not later than llpril15, 2008. Major Sponsorship Donations must be received by June 1, 2008, for listing in the Official Program. Please indicate if you need an invoice. VISA, Mastercard or check accepted. Make checks payable to South Lake-Excelsior Chamber, P.O. Box 32, Excelsior MN 55331 FAX: 952.474.3139 Company: Contact Person: Phone: Email: Signature: Date: Again, thank you for your time and consideration. If you have any questions, please contact Linda Murrell,.]uly 4th Fundraising Coordinator, 952.474.6461 or Dick Osgood, 4th of July Committee Chair, 952.470.4449. We'll be in touch. 8 Lake Minnetonka 4th of July 2008 Celebration Opportunities for Mini-Sponsorship Funding > '" EVENT Sand Castle Building Contest Sponsored by Excelsior Rotary Club Kids' Patriotic Parade Knewtson Health Group & Woody Love, Realtor, CBB Racers "& Kids Patriotic Popsicle Party * Seeking 1 Sponsor - $600 Kids' Fishing Contest Lifetime Chiropractic Kids' Concert after parade Seeking sponsor - $500 Teen Band Showcase "$200 -1 sponsor 318 Cafe Stage Concert * Seeking 5 sponsors @ $500 each. lvE~Wit12008! Featuring four exceptional Twin Cities bands: The " Wars of 1812; Jason Shannon; Boyd Lee, Joe Cruz & Noah Hoehn;' and Kevin Bowe & Allison Scott. .~ 318 Cafe Stage Sound System $1,500 Seeking 1 or more sponsors Orchestra Hospitality Byerly's of Chanhassen , ~ Items in italics are available for sponsorship. * Please call the Chamber for details. 952.474.6461 NOTE: we do not permit companies of any kind to distribute promotional items unless they are official sponsors of the Lake Minnetonka 4th of July Celebration or have authorization in advance. Questions? Call the Chamber at 952.474.6461 9 $1,600 . I \ 4th of July Firecracker 2-mile & 10K Run' The 302nd annual 4th of July 2-mile and 10K Firecracker Run is a farn.4y-friendly competition that attracts top athletes as well as casual runners of all ages and abilities. It was conceived as a fun run to . honor America's 1976 Bic~nten~al. Today, the event draws partifipants from all over Minnesota. The race always has a strong contingent of Twin Cities natives who reside out-of-state but return to run the race and celebrate the 4th of July in Excelsior. . Be~eved to be the only 10K held on J 1Jly 4th in Minnesota, the race is recognized by the Minnesota Distance Runners Association and has been included on MDRA's Grand Prix listing. The Firecracker 10K course is UST AC-certified and is considered one of the prettiest and most challenging around. Effective this year, the race will be computer chip-timed. Firecracker Race Sponsorship is'liniited to six (6) non-competing compan,.ies and is awarded on a.first right of refusal basis. Maynard's, Excelsior Family Dental and Lake Minnetonka Orthodontics have been involved for more than a decade. Race Sppnsorship Benefits . Name and logo on race shirts distributed to all 1 OK participants (approximately 1,200). . Name/logo on all race registration forms (mailed to previous year's participants; distributed to public at local city halls). . Name/logo on Race B.anner, displayed at race finish line. . Opportunity to distribute free promotional items, coupons, brochures as "long as the sponsor can provide a means of distribution (staff or volut?-teers). . Invitation t9 the Lake Minnetonka 4th of July Sponsors Sunset Dinner Cruise on Lake Minnetonka, Sunday, June 22, 5-7 p.m. " To select this category for sponsorship, please refer back to Page 8 in this packet. 10 CITY OF SHORE WOOD PLANNING COMMISSION MEETING TUESDAY, 15 APRIL 2008 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Gagne; Commissioners Geng, Director Nielsen; and Council Liaison W oodru Acting Chair Gagne called the meeting to order at 7:00 P.M. ROLL CALL Present: Absent: Chair Schmitt APPROVAL OF MINUTES . 1 April 2008 Hutchins moved, Ruoff seconded, Approving 2008 as presented. Motion passed 4/0/2 with meeting. eting Minutes of 1 April due to their absence at the 1. 7:00 P.M. PUBLIC HEARIN Applicant: City, Location: 575 LDING ADDITION :02 P.M., noting the procedures utilized in a Public Id not be ding the April 28, 2008, City Council meeting he 2, 2008, meeting agenda. Council Liaison Woodruff suggested so the request could be considered and if approved the City Director Ie ected Collaborative Design Group, an architectural firm, to prepare plans horewood City Hall building, located at 5755 Country Club Road. The buildi n 1981 and it was expanded to its current size during the mid 1980s.The building w e 9.86-acre Badger Field complex which was zoned R-IC, Single- Family Residential. The 1 sed adding approximately 1236 square feet of new space as part of a renovation project. Because g rnmental buildings were conditional uses in residential districts, the City had requested a revision to its current conditional use permit (C.D.P.) for the project. Nielsen explained the existing structure contained approximately 5046 square feet of floor area, not including the basement area. The basement area was not ADA (Americans with Disabilities Act) accessible, and it was currently used for dead storage. That usage would remain the same after the renovation. The proposed renovation would include a 12-foot by 35-foot extension on the rear of the building and a 24-foot by 34-foot extension on the north side of the building. The extension on the north CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 2 of 10 side of the building would allow for the Council Chambers to remain on site. A new entry would also be added on the north side. He reviewed the site plan depicting the additions. He noted that the setback requirements would be satisfied. Nielsen then explained the renovation would make the existing space more functional. The conference room, common work space and employee break room would be enlarged somewhat. The restrooms would also be enlarged to comply with current ADA standards. Mechanical systems would be updated for greater efficiency and site drainage would be improved. The exterior of the building would be updated considerably. Nielsen stated the City held a public meeting on Saturday, April 12, 2008, to provide the public an opportunity to review the proposed renovation plan and comment on it. The meeting was attended by the Councilmembers, two staff members, and two representatives from Collaborative Design Group (CDG). The meeting was not well attended by the public. One suggestion that did come out at the meeting was to attempt to incorporate more glass on the north side of the building which CDC was going to try and do. Nielsen reviewed how the proposed renovation would comply with the conditions set forth in Section 1201.11 Subd. 4. of the City's Zoning Code for a governmental building in a residential zoning district. 1. The property was relatively well screened and landscaped where it abutted residential uses. The thick vegetation located south of the building should be preserved during construction. While the west elevation did not abut a residential use, it did face the street. Therefore, landscaping should be done on the west side of the building to soften and break up the mass of the structure. 2. The project was considered to be consistent with the Shorewood Comprehensive Plan. The Badger Field property was designated for public use. 3. The City Hall building, including its proposed expansion was not incompatible with surrounding uses. In fact the office use of the property served as a transition between the commercial areas to the north and west and to the residential areas to the south and east. 4. The existence of City Hall had not depreciated the value of the surrounding area. 5. The proposed renovation, including the expansion, would have no adverse impact on City services (i.e. utilities, police or fire). Nielsen stated based on the preceding, Staff recommended approval of the revision to the City's current conditional use permit for the City Hall renovation project, subject to a landscape plan being developed for the west side of the building. Nielsen noted that he had received a call from a property owner who had sued the City many years ago, along with some of his neighbors, when the City had proposed a different expansion which did not materialize. The property owner had indicated he would have no issue with the proposed expansion as he would not be able to see it. Council Liaison Woodruff requested the opportunity to speak for the applicant. He stated he wanted to provide background on the project. A subcommittee had been established to work with CDG. The subcommittee had conducted several meetings to date. Council had discussed the renov~tion plan at two work sessions. During the last discussion representatives from CDG reviewed the proposed floor plan and CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 3 of 10 the finishes. He then stated landscaping of the property would not be done until the spring of 2009, and some type of green landscaping (e.g. rain gardens) would likely be considered. He commented that from his perspective there was Council consensus to treat the furniture component of the project as a separate project; the City had furniture so there was no urgent need to address that right away. Seeing no one present wishing to comment on this case, Acting Chair Gagne opened and closed the Public Testimony portion of the Public Hearing at 7: 17 P.M. The following comments and clarifications were made by Council Liaison Woodruff and Director Nielsen in response to questions from the Planning Commissioners. >- The plan was to solicit construction bids for the project during May 2008. The renovation was planned to be substantially completed in October 2008, but that did not imply that all of the finishing work would be done. Landscaping, furniture replacement, and signage would be completed in 2009. >- The proposed change to have more windows for openness on the north side of the building was well received. >- The hallway located next to the server, room was an ADA compliant ramp and would allow access to the new Council Chambers. >- There would be a window in the server room to allow a video recorder a view of the Council Chambers. >- The double doors in the Council Chambers were closet doors. >- An exact budget had not been agreed upon, but CDG stated they thought the renovations costs would be in the $850,000 range. >- The proposed public coat closet was smaller than the existing one, but the existing one was not used frequently. >- The City was obligated to go through a bidding process for the project and to .take the lowest responsible bid. >- Three-quarter inch diameter holes had been drilled in the exterior walls, and a lighted borescope had been used to look inside the wall cavities and under the siding. In one location the siding was pulled back to exposing the sheathing. In another location an approximately 4 by 5 inch hole was cut allowing full access to the wall cavity. Several horizontal wood batten trims covering the window sills were removed. No moisture or ice was visible in the inspections. With regard to findings, there didn't appear to be any damage behind the window sill structure. The sill plate resting on top of the basement wall on one comer was deteriorated; it was likely the result of water coming from below the plate because it was located close to grade. >- In order to mitigate the drainage issues, excavation would be done around three sides of the structure, and the drain tile would be reestablished along with some granular fill to help take water away from the structure. The water below the structure could not be controlled. The drainage issues could be reduced but there was no guarantee they would be eliminated. >- The renovation effort would be quite disruptive to Staff. Acting Administrator Brown clarified that he had very recently received an email from CDG stating CDC had become aware that the City had adopted the updates to the Minnesota State Fire Code which would require the City to install a sprinkler system in the building. The cost to do so would be approximately $75,000 and that cost was not included in the $850,000 cost estimate. Staff recommended the City adheres to its own rules and should not apply for an exception. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 4 of 10 Gniffke moved, Geng seconded, recommending approval of a reVlSlon to the City's current conditional use permit for the City Hall building for a renovation project, subject to a landscape plan being developed for the west side of the building. Motion passed 6/0. Acting Chair Gagne closed the Public Hearing at 7:29 P.M. 2. PUBLIC HEARING-. C.U.P. AMENDMENT (continued from 1 April 2008) Applicant: Minnetonka School District 276 Location: Minnewashta Elementary - 26350 Smithtown Road Acting Chair Gagne re-opened the Public Hearing at 7:29 P.M. (which was continued from 1 April 2008). Director Nielsen stated the public hearing for the Minnewashta Elementary School conditional use permit was continued from the 1 April 2008 Planning Commission meeting to this meeting pending the applicant addressed issues raised in the City Engineer's memorandum dated 26 March 2008 and in the Planning Director's memorandum dated 27 March 2008. Since the April 1 st meeting Staff and Excelsior Fire District (EFD) Fire Inspector Lee Berglund had met with the applicant's engineer to go over the concerns. With regard to the front parking lot which was proposed for total redesign, Nielsen explained the initial plan did not conform to the City's Zoning Code requirements. The applicant had redesigned the parking lot to comply with the dimensional requirements set forth in the Code. The revised plan for the parking lot would accommodate an 8-foot by 33-foot ladder fire truck as requested by Fire Inspector Berglund. The revised plan also showed the driveway entries had been widened to 20 feet to meet Fire Code requirements. With regard to the elimination of the drop-off area in the front of the building, the revised plan proposed restricting the northernmost 11 parking spaces to parking after 9:00 A.M. It was suggested there be a similar no parking restriction during the afternoon student pick-up time. The revised plan would result in increasing the number of parking spaces to 42 (including those in the II-space drop-off are) from 26. With regard to special event / overflow parking, Nielsen stated his 27 March 2008 report explained the paved playground area on the north side of the building was intended to be used for overflow parking for special events. A gate across the access to the driveway was to be opened for the special events, and visitors were to be directed to the overflow area. The playground area did get used for overflow parking; however, due to lack of stripping and supervision it was extremely inefficient. He noted the driveway leading to the north side of the building was used for parking during the day. Because that driveway served as fire access, the driveway should be posted as "Fire Lane - No Parking". The applicant had recently provided a special event parking plan which proposed to use the angled bus parking area more efficiently. Because that area could not be striped as shown on the special event parking plan, it would be difficult to achieve the 30 spaces shown on the plan even with sufficient supervision. Nielsen stated based on the additional parking that would be provided in the revised front parking lot plan and on the special event parking plan Staff thought there could be sufficient parking for the Phase 1 expansion. Nielsen related that the applicant had again stated that school officials would have to provide parking lot supervision for special event parking. He stated Staff reconunended the School District provide a detailed written plan outlining when supervision would be provided, how parking would be managed, and who would do the supervision (volunteers or school personnel). The recommended written plan should also include an educational/notice component which would remind parents to carpool where possible, and advise them that parking restrictions near the school would be enforced. That plan should be monitored for at least one full school year before any consideration. would be given for the Phase 2 expansion. The applicant was requested to provide a calendar of special events for that purpose. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 5 of 10 Nielsen stated Staff was skeptical the Phase 2 expansion could be done without additional parking being added. He related that the School District had told its consultant that it would not sacrifice the ball field and play area on the north side of the building to add more parking. Mike Condon, the Supervisor for Buildings and Grounds for the Minnetonka School District, stated he and Cliff Buhman, with INSPEC (the consulting engineering firm representing the Minnetonka School District) were present this evening. Mr. Condon stated the District wanted to be good neighbors to residents in the Minnewashta Elementary School area. He commented that he had met with Fire Inspector Berglund to discuss concerns about parking. He explained that with the Phase 1 expansion the front parking lot would be expanded to increase the number of parking spaces by 20. On the west parking lot the District was anticipating having multiple striping plans which would be well posted; for example red could be for fire, green could be for special events, blue could be fore activities, and white could be for regular parking. It would be difficult to have multiple striping plans for the overflow parking area because of the playground area; that area would require very strict supervision. The multiple striping plans on the west parking lot would account for the addition of 62 parking spaces. That would equate to 82 more parking spaces for special events then there currently were. He cautioned that would not eliminate parking on the side of the streets and grass for special events for the entire school population and their parents. He explained that for some school areas the District worked out an early notification system with the local police department; the police department would go to the area prior to those very large events and bag the "Fire Lane - No Parking" signs and it would allow the public to park on the streets. Mr. Buhman thanked Director Nielsen, Engineer Landini, and Fire Inspector Berglund for their assistance. Seeing no one present wishing to comment on this case, Acting Chair Gagne opened and closed the Public Testimony portion of the Public Hearing at 7:44 P.M. In response to a question from Commissioner Hutchins, Director Nielsen stated School staff would park in the spaces in front of the drop-off area. Mr. Condon stated the northernmost 11 parking spaces in the front parking lot that were would be designated no parking during drop-off and pick-up times during regular school days would be used for visitor parking during the other times. In response to another question from Hutchins, Nielsen clarified that bus drop-off was on the west side of the building. Commissioner Ruoff stated that there was approximately a IS-minute window during the morning drop- off and afternoon pick-up time periods when it was very congested and during that time the attendants worked diligently to keep the traffic flowing. Traffic was also congested when there were the very large school events which did not happen that frequently. During the times where there were multiple non- school related sporting events traffic congestion occurred with regularity. The road which went past the water tower would have cars parked on it to the point where a single car could not get through because there would be cars parked on both sides of that road. Vehicles also would be double parked off the road near the area where there was a slope on the property. He commented about a situation last summer when a storm developed during the time of various sporting events and it turned into a precarious situation when all the people tried to get to their vehicles and leave. Director Nielsen suggested maybe the park and recreation coordinators for that property should schedule events so there would be less overlap. He stated the coordinators for the City were diligent about minimizing the overlap of events and allowing sufficient time between the events. Commissioner Ruoff suggested the coordinators do some form of public notification about parking regulations for events. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 6 of 10 Mr. Condon suggested both sides of the road that went past the water tower should be posted "Fire Lane- No Parking". In response to a comment from Acting Chair Gagne, Director Nielsen clarified the Fire Inspector had more authority than the police to issue parking tickets for parking in fire lanes. Acting Chair Gagne suggested bagging the no parking signs during the peak event times. He stated the City made the decision to construct streets to narrow to have on street parking; therefore, maybe the City should try and be more accommodating. He then stated he did not think it would be right to lose the children's play area. Commissioner Gniffke stated during the public hearing on I April 2008 there were issues other than parking that were discussed and he wondered if they had been addressed. Director Nielsen stated with regard to landscaping the revised plan showed additional width and it depicted a new sidewalk that would circle the east side of the parking area. The applicant still needed to provide a detailed landscaping plan. He explained the enlarged NURP pond would accommodate the additional storm water runoff resulting from both the Phase 1 and Phase 2 expansions as well as the relocation of the driveway. If additional parking was required for the Phase 2 expansion the NURP pond may have to be increased again. The applicant had submitted an overall plan as requested. Mr. Buhman clarified the calculations used to determine the increased size for NURP pond included a significant factor for safety; approximately 3,000 square feet would be added so he did not think there would be any need to have to enlarge the pond again. He stated a detailed parking plan had no value if it was not enforced; there had to a consequence for breaking rules. In response to a comment from Acting Chair Gagne, Mr. Condon stated it was his understanding there were people directing traffic at the school during the morning drop-off and the afternoon pick-up times. That did not occur after hours. Director Nielsen suggested the detailed parking plan should address field management at the school for park and recreation sporting events. Commissioner Ruoff stated the parking attendants kept traffic flowing during the drop-off and pick-up times on school days. The parking problem was with non-school activities. Council Liaison Woodruff stated if cars were towed from the no-parking areas people would begin to stop parking in those areas. That would necessitate someone monitor the areas for violations. In response to a question from Council Liaison Woodruff, Director Nielsen stated shifting the driveway would result in it encroaching on a wetland area near the water tower and therefore require the applicant to go through a wetland mitigation process. In response to a question from Commissioner Ruoff, Mr. Condon stated the Phase I and Phase 2 expansions should support the School's student population needs for the next 25 years. Council Liaison Woodruff questioned if the District had considered alternate space plans such as purchasing nearby residential property to solve its space problems. He also questioned if the expansion could done by creating a second story on the school. Mr. Condon stated some thought had been given to purchasing two different residential properties; it had not been discussed with the residents. He explained CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 7 of 10 when the building was constructed it was designed with footings that would only support 1.5 stories; underpinning would have to be done to the footing to add extra structure to allow for a second story to be added on and that would be extremely expensive. Woodruff stated allowing for expansion of a second story would give the District more flexibility. Mr. Condon stated based on the demographics he had reviewed he was confident the District would be come before the City at a later date to get approval for the Phase 2 expansion. He then stated the District would like to have the Planning Commission recommend approval for the Phase 1 expansion this evening as the District was planning on breaking ground on Phase 1 on April 29, 2008; ifit did not start the effort then it would not be completed by the start of school in the fall of 2009. He went on to state that he had done parking plans with other cities that the District could use as templates for the plan the City requested; that development plan could prepared well before approval for the Phase 2 effort was requested. Council Liaison Woodruff stated parking on the fire access lane was a Phase 1 expansion issue. Mr. Condon stated both sides of the driveway would be posted "Fire Lane - No Parking". The Fire District would then have the right to ticket violators. With regard to towing, Mr. Condon explained towing companies were refusing to tow cars unless they were paid up front because violators have taken the towing companies to court to fight the charges. The Minnetonka High School the District purchased "boots" to put on vehicles in violation which would prohibit the vehicles from moving until a fine was paid. Commissioner Geng stated the problem with using the boot would be the vehicles would be stuck in the fire lane in the event of an emergency. Mr. Condon stated the District could enforce parking during school hours; it was during non-school hours when enforcement was an issue. Director Nielsen clarified that the detailed parking plan be developed for the Phase 1 expansion. Hutchins moved, Ruoff seconded, recommending approval of a conditional use permit for the Minnetonka School District for the Phase 1 expansion of the Minnewashta Elementary School, 26450 Smithtown Road, subject to the applicant submitting a detailed written parking lot management plan that would be acceptable to the City and to the Excelsior Fire District. Motion passed 6/0. Director Nielsen stated he would try to have this request put on the April 28, 2008, City Council meeting agenda. He noted he was not going to be in attendance at that meeting. Acting Chair Gagne closed the Public Hearing at 8: 11 P.M. 3. DISCUSS PLANNING DISTRICT 6 This item was discussed after Item 7 on the agenda. Director Nielsen stated the Planning Commission had already had numerous discussions regarding the commercial redevelopment potential of Planning District 6 as well as the commercial properties located on the south side of County Road 19 across from Planning District 6. That combined area included the following commercial sites: 1) the Shorewood Yacht Club; 2) the Minnetonka Portable Dredging Company; 3) the South Lake Office Building; 4) the Garden Patch Nursery; and 5) the property between the South Lake Office Building and the Garden Patch Nursery (the old Crepeau Dock location which was owned by the same individual who owned the Garden Patch Nursery). The South Lake Office Building property was zoned R-C, Residential Commercial; the R-C District was intended to transition from lower intensity uses to higher intensity uses. The Minnetonka Portable Dredging Company (MPDCo), the CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 8 of 10 Garden Patch Nursery, and the old Crepeau Dock property were all in the C-2, Commercial Service zoning district (which had previously been named the C-4 District); the C-2 District was also a specialized district that was established to address existing industrial uses in that area. Nielsen stated discussion of redevelopment possibilities for the Shorewood Yacht Club (SYC) property began in 2005 when the SYC was put up for sale. All developers interested in the SYC property were also interested in the MPDCo, which was not for sale. Redevelopment discussions basically ceased once the SYC had been purchased by the current owners. Nielsen explained during 2007 the owners of those businesses were invited to a Planning Commission study session to provide their input on the future redevelopment of the properties. Most of the owners had no plans to change the use of their properties in the future and they had no immediate plans to sell their properties. Nielsen explained the current use of the SYC property was consistent with the Comprehensive Plan and with the L-R (Lake shore Recreational) zoning of the property. In 2007 the new owners of the SYC property submitted a request to allow the SYC to use a portion of its boat slips for powerboat use; that requested required an amendment to the City Code and the issuance of an interim conditional use permit (C.U.P.). The request was approved after numerous discussions and after a public hearing was held. One of the four piers at the SYC could be used for powerboats. Nielsen stated if the MPDCo ever went away the C-2 District could go away. The other tWo properties in the C-2 District, the Garden Patch Nursery property and the old Crepeau Dock property, could possible be rezoned to R-C, Residential Commercial, and that would make their zoning the same as the South Lake Office Building property. Nielsen highlighted a text amendment to the Comprehensive Plan which addressed the redevelopment of Planning District 6. It stated in the event the yacht club or the dredging company ceased to exist, reuse of the properties should be directed to residential, at similar densities as the surrounding area (both in Shorewood and Excelsior). The reason for the lower density was there were limitations on the land, with access being the most significant. Currently both properties butted against West Lake Street right-of-way. West Lake Street served a residential neighborhood in Excelsior, but the portion of West Lake Street that could provide access into Shorewood was blocked off (but not vacated). Both of the companies currently used a driveway off of County Road 19; the driveway crosses over the Hennepin County Regional Rail Authority (HCRRA) LRT Trail, and it is there by license from HCRRA. The HCRRA could revoke the license at its discretion. Access to the properties would then have to come from West Lake Street, which would require the City to prepare a compelling case to reopen the street. He commented those two properties could be suitable for a planned unit development and should be consistent with the recommendations of the County Road 19 Corridor Study which would be incorporated by reference in the Plan. Nielsen stated his initial thought had been to recommend the change be incorporated into the overall update to the Comprehensive Plan. Acting Chair Gagne stated there could be some vulnerability should a developer approach the City with a redevelopment request prior to the overall update to the Plan being approved. Commissioner Gniffke suggested the Planning Commission hold a public hearing on the text amendment rather than include it for approval as part of the overall Plan update. . Council Liaison Woodruff suggested the text amendment be modified to clarify the City's decision to recently relax the restrictions on power boats at the SCY was for a three-year trial period. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 9 of 10 Gniffke moved, Hutchins seconded, scheduling a public hearing for the proposed text amendment to the Comprehensive Plan regarding Planning District 6 at the 20 May 2008 Planning Commission meeting. Director Nielsen stated in addition to the legal notice the specific property owners and the property owners within 500 feet of the area would be notified of the meeting. Motion passed 6/0. 4. DISCUSS COMP PLAN - NATURAL RESOURCES AND LAND USE CHAPTERS Director Nielsen stated he had sent the Planning Commissioners an email suggesting the Commission discuss the goals, objectives and policies (Gaps) of the Natural Resources and Land Use chapters of the Comprehensive Plan this evening. He stated from his vantage point the majority of Gaps were still quite pertinent and there was not much that needed to be changed even though new issues had been added. The Gaps were used to evaluate requests for change (e.g. a change in a land use application). He suggested the Natural Resources chapter be amended to adopt the Comprehensive Water Resources Management Plan by reference. The Natural Resources chapter should be expanded to address how the City planned to address invasive vegetation. He commented there were many other agencies already work on managing aquatic invasive species. There should also be some reference to managing wildlife. Nielsen stated he would draft language to address the recommended changes to the Gaps sections of the two chapters which the Commission could discuss at its 6 May 2008 meeting. He would attempt to define a way the Land Use chapter could address the construction of McMansions by possibly incorporating a floor-ratio to land-area approach to controlling house sizes. Commissioner Hutchins stated the Natural Resources objectives did mention protection of the natural wildlife habitat. He suggested an objective be added to protect and manage the wildlife within the habitat. Director Nielsen commented the policies section in Land Use chapter was used extensively by the Planning Commission when it evaluated the CUB proposal. Council Liaison Woodruff suggested the Commissioners read the entire Comprehensive Plan. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated he had distributed sample city surveys to the Planning Commissioners and he asked them to consider what types of planning related questions they would want to see included in the City-wide survey. He stated the questions would be discussed at the 6 May 2008 Planning Commission study session during which there would also be continued discussion of the updates to the Natural Resources and Land Use Chapters of Comprehensive Plan. 7. REPORTS This item was discussed after Item 2 on the agenda. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 15 April 2008 Page 10 of 10 Commissioner Ruoff reported on matters considered and actions taken at the April 14, 2008, Regular City Council meeting (as detailed in the minutes of that meeting). Council Liaison Woodruff stated the actual search for a new City Administrator would start on May 1, 2008, with the hope of a June or July 2008 start date. He stated resident John Garfunkel made a request at the April 14, 2008, Council meeting to have Council re-evaluate the ward system and to possibly consider returning to an at-large election system, and he suggested the City hold a public forum to hear public comment on it. Woodruff stated he thought the Council would be discussing the ward system over the next couple of months before residents would file for City election. He went on to state Council had been working on a City-wide survey. · SLUC Commissioner Villet stated she was going to attend the Sensible Land Use Coalition session on "Great Neighborhoods - Great Places: Reality or Wishful Thinking?" scheduled for 30 April 2008. · Other None. The discussion returned to Item 3 on the agenda. 8. ADJO~NT Hutchins moved, Gniftke seconded, Adjourning the Planning Commission Meeting of 15 April 2008 at 8:50 P.M. Motion passed 6/0. RESPECTFULLYSUBNllTTED, Christine Freeman, Recorder CITY OF /SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us " MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 12 April 2008 RE: City'Hall Renovation - c.u.P. FILE NO. 405 (08.07) BACKGROUND The architectural firm, Collaborative Design Group, was selected by the City to prepare plans for the renovation of the Shorewood City Hall building, located at 5755 Country Club Road (see Site Location map - Exhibit A, attached). The building, constructed in 1981, is located on the 9.86- acre Badger Field complex as shown on Exhibit B. It was expanded to its current size in the mid 80's. The property is zoned R-IC, Single-Family Residential, in which governmental buildings are allowed by conditional use permit. Since the renovation includes approximately 1236 square feet of new space, a revision to the current C.D.P. for the property is necessary. A public hearing is scheduled for 15 April 2008. The existing structure cont~ns approximately 5046 square feet of floor area, not including the basement area which is not ADA (Americans with Disabilities Act) accessible, and is currently used for dead storage. The renovation includes a 12' x 35' extension on the rear of the building and a 24' x 34' extension on the north side ofthe building (see Exhibit C). A new entry will also be added on the north side. The purpose of the renovation is to update the building and correct existing maintenance and drainage issues that currently exist. The modest expansion has more to do with making the existing space more functional than accommodating more people. For example, the conference room, common work space and employee break room are enlarged somewhat (see Exhibit D). The restrooms are enlarged to comply with current ADA standards. Mechanical systems will be updated for greater efficiency and' site drainage will be improved. Finally, the "old boxcar" will be given a much-needed facelift (see Exhibit E). ,. " . PRINTED ON RECYCLED PAPER ... =/fg.A. Memorandum Re: City Hall Renovation - c.u.P.~ 12 April 2008 ANAL YSIS/RECOMMENDA TION The conditions for a governmental building in a residential zoning district are set forth in Section 1201.11 Subd. 4. of the City Code. Following is how the proposed renovation complies with the Code: 1. The property is relatively well screened and landscaped where it abuts residential uses. The thick vegetation located south of the building should be preserved during construction. While the west elevation does not abut a residential use, some attention should be given to that side of the building because it faces the street. It is not proposed that this side of the building be screened from view, but landscaping should soften and break up the mass of that side. 2. The project is considered to be consistent with the Shorewood Comprehensive Plan. The Badger Field property is designated for public use. 3. The City Hall, including its expansion is not incompatible with surrounding uses. In fact the office use of the property serves well as a transition between the commercial areas to the north and west and the residential areas to the south and east. 4. The existence of City Hall has not depreciated the value of the surrounding area. 5. The proposed renovation, including the expansion, has no adverse impact on City services (i.e. utilities, police or fire). Based on the preceding, it is recommended that the City approve the conditional use permit for the City Hall renovation project, subject to a landscape plan being developed for the west side of the building. Cc: Larry Brown Tim Keane J ames Landini -2- ;; g 1f o. ~ o '" '" o Exhibit A SITE LOCATION CIty Hall RenovatIOn - C.D.P. " - 't 1--l~, _- I "-;:::- I OD - _____ ~ \<\) ----- ------Z;. q..ot'-fJ v.."\~~ , W'-':;H\j II u... ,_,,^ \"f :_ ~ ~~ ~ MIf.JNE..TI7N~ ~OC~ Tn'fkFl AUT~ ~ O ~_ -- ,- I . \ ~l I, I~ I \.__ I ~ t:::::l VIU-A6If- PUMP c;:l LD ~ <( ~ : I ! \r-- '\ ~ TE.NNI~ <I U7UF-T~ , II I I \ \ \ f!.e.Lcc.A~ ~HOt.I<-i:.Y ~I~JK- tt::J . . il' C\t'f H",tl E-~i~\ ~ - ,.:; - n_ r -~.~e (A::"e~ , , " --- Jb~ U ~ --. CJLi CJ : W I - 1 J ,.,~ - E'::Ho iZ-aA(7 --- . 1 L-- 2-~ ~ - / l 0 I / - / . (" GeY\-\~(' 0 ~.er\\O , I , J ....-- / ~ -- , 7J I 0 z!itl t?IT(.11 ) G a l \ \ 10 I , 0 J I - '" ., o / / Exhibit B E PLAN BADGER FIELD SIT . ,.., "" / I'~.. ~.- ~5' . . ~ .....v ~-----~_.\ . . ----"-----. .- . ~--_._._-_.,.. ~--- 11'1 , \ \ \ \ \ -- I I I i II LL I I I .~ ~N'TlL..E: ~j:;'. 2/A1... .Au;-ho ~ ~.".' ~1':~o~r:ft;~ ~D\JEP ..t3f .ON'~ ~W2K ~ -~,--_.--< - ~---. - -- ....,.....- IA- ~ crr~, C;~. 7f'~ ~T fE..~V A.TloN,=, ~t;.\NN t \ \ I ! 1 \ 1 \ \ \ \ i j INV~f2-T ~V--=- ~bl-4-/I - "'-.. / ~r~....'......' NQffr.a~ l"-::::J-n ' Exhibit C CITY HALL SITE PLAN 6.5 33'-4' 13'-4" 30'-4' 34'-4- I POWER LEGEND: =@ DUPLEX OUTlET I 1 I =@ QUAD OUTLET !? .... ~ VOICE I DATA OUTLET 0.3 --- 1 I I I =@E EXISTING DUPLEX OUTlET ~ -, ';""~ "'I =@E ~ '- 1 EXISTlNG QUAD OUTLET ,+'O~ """''j I 1 0/ 1 I I "'I I ~E EXlSTlNGVOICE IDATAOUTLET / I (Ii 1 1 'r:::z;;r-! "'I 1 ~ I I I 1 I I '0 co NC C I ,_ I CHA BE S ""I I _~ I [E] I 1 -- 2 1--&--- i,,,., I ~ ~:\ 3 --- IU\ C~,. [J OFFICE OFFICE OFFICE OFFICE Ol[] DEl [ill] DE] OCpCPOC) LOBBY DE] Q COLLABORJ DesignGrol 100 Portland Avenue SouU Mlnneapclls, M1nnesol: p612.332.3654 f61U _.coIliloralNedeslgng --------- ----------- o o 0< ~J w> ~r 0- I( Cf) SERVER ROOM [!jU m= DEl 1- I ~ D i=tj --- NO. DATE OESCI 8. . CLOUDED CHAN REVISION LOG CORRIOOR OlD i+io r'\ RECEPTION CE WORK ROOM DHJ OPEN '--1 OFFICE I [Jj!] I I I ' tF)J' ;.'7<'-; I L~'_~:", ~l I I~ I I"'^"y I ,'.....~~ ~ ~ ~:---:~ 1 I j --- ~~DESC ISSUE LOG SHOREWc CITY HA 5755 COUNTRY C1 SHOREWOOO, 0110 I - l_J -.' OffiCE rn:J OffiCE [ill] OFI'ICE OEJ OFFICE [J]!] OFFICE OlD BREAK ~ L~J 4 DECK DID DL~f'.. FIRST FLOa FURNITURE ELECTRICAl ~ 33'-4' &; 78'.Q" 1 1 ~ SCALE AS DRAWN BY JKt CliECKED BY PROJ. ARCH. BJI PROJ. MGR. SA JOB NO. 07 "COLLABORATIVE OESIGN IF 5 1 FIRST FLOOR FURNITURE PLAN FOR REFERENCE ONLY 100 SCALE: 3116'.,..,)" Exhibit D PROPOSED FLOOR PLAN FIBERGlASS SHINGLES TO REPLACE EXIST. EX1ST. 2x 12 CEDAR FASCIA, PAINT. EXIST. TOP PLATE El. . 108'-3" CONT. 1 x 4 COMPOSITE TRIM 1 x 8 COMPOSrTE TRIM CORNER BD. rn" FIBER CEMENT lAP SIDING EXIST. WINDOW Sill R.O. EL"'O".7" 1ST FLOOR SUBFLOOR EL=100'.3. CULTURED STONE VENEER EXIST. FINISHED GRADE ~ NEW FINISHED GRADE T I I T I I I I T I I r I I r I \ I I 1 x 2 COMPOSITE TRIM @ 24" D.C. OVER 4' X 8' VERTICAL SIDING I \ AlTERN....TE#1- ClAD WOOD FIXED SKYLIGHTS At TERNATE # 1 - CLAD WOOD FIXED SKYLIGHTS 3J!" x lOX" GLUE LAM RAFTER gggg gggg CLAD WOOD WlNOOW. lYP. 6%- x IBM GlUe LAM BM. 6%- x m- GLUE LAM COL. EXIST. LOWER LEVEL - T.O. CONC. SLAB EL = 100'.0" 1 NORTH ELEVATION A400 SCALE: 3/1S" = l'.Q" 2 WEST ELEVATION A400 SCALE: 3/16" = 1'.0" FIBERGLASS SHINGLES TOP PlATE a-l1e'.11. ~ CONT. 1 x 4 COMPOSITE TRIM 1 x 8 COMPOSITE TRIM CORNER BD. 7Y." FIBER CEMENT LAP SIDING CULTURED STONE VENEER 1ST FLOOR SUBFLOOR EL = 100'-3" FINISHED GRADE r., Ii Wl r T T1 I \ I I I \ I \ STANDING SEAM METAL ROOF 9 I \ I I T I \ I \ TOP PLATE EL = 110'.11" D Wl 1 x 8 COMPOSITE TRIM CORNER BD. 7Y." FIBER CEMENT LAP SIDING 1 ST FLOOR SUBFLOOR EL=100'.3" ~~ I ~-----j ,----- I I I [_===================J r=t--- I_______j I______, --- I EXIST, LOWER LEVEL - T.O. CONe. SLAB EL .'00'..[)'" \6 e-, Exhibit E PROPOSED BUILDING ELEVATIONS EL. "114''''" ~ TOP PLATE EL.-110'.11" ~ x 2 COMPOSITE TRIM Sill. 'lYl'. ~ 1x 8 COMPOSITE TRIM CORNER BO. rn" FlBER CEMENT LAP SIDING 1ST FLOOR SUBFLOQR EL." 100'-3" EXTERIOR ELEVATION~ ~ AS JR.. r .. CITY OF SHOREWOOD RESOLUTION NO. ARESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE RENOVATION AND ADDITION TO THE SHOREWOOD CITY HALL WHEREAS, the Shorewood City Council (Applicant) proposes to renovate and add on to its City Hall building at 5755 Country Club Road; and WHEREAS, the property is legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood Zoning Code allows governmental buildings by conditional use permit (C.u.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, dated 12 April 2008, which memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 15 April 2008, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 28 April 2008, at which time the Planner's memorandum, and the minutes ofthe Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property contains approximately 9.86 acres ofland and is zoned R- 1 C, Single-Family Residential. 2. Land uses and zoning surrounding the subject property is as follows: West: South and East: Convenience store with gas and car wash, auto sales lot, auto repair shop, and self-serve carwash; zoned C-l Golf course/country club; zoned R-IA Single- family residential; zoned R-l C North: 3. The existing building is one story in height and contains approximately 5046 square feet of floor area, not including the basement. 4. The proposed renovation and addition will include a 12' x 35' extension on the south side of the building and a 24' x 34' extension on the north side of the building. 5. setbacks. The proposed development of the site complies with building and parking CONCLUSIONS 1. The proposed use of the property is consistent with the Shorewood Comprehensive Plan. 2. The conditional use permit for the City Hall renovation and addition is hereby granted subject to the following: a. The site shall be landscaped according to an approved landscape plan and the recommendations made by the Shorewood Planning Commission. 3. The City Clerk shall provide the City Attorney with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. 4. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of April, 2008. CHRISTINE LIZEE, MAYOR ATTEST: LAWRENCE A. BROWN, ACTING CITY ADMINISTRATOR/CLERK -2- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorew()od.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 27 March 2008 RE: Minnewashta Elementary School- c.u.P. for Proposed Expansion FILE NO. 405(08.04) BACKGROUND INSPEC, a consulting engineering firm representing the Minnetonka School District, has submitted plans for a two-phase expansion of the Minnewashta Elementary School, located at 26350 Smithtown Road (see Site Location map - Exhibit A, attached). As explained in a request letter (Exhibit B), dated 8 February 2008, the first phase of the project would add approximately 3000 square feet of classroom and administrative space to the existing building (see Exhibit C). Two classrooms would be added to the southwest comer of the building and the entry courtyard area would be enclosed to accommodate various administrative functions. The second phase includes 19,500 square feet for six new classrooms on the west side of the building arid a new gymnasium on the north side of the building. The school property is located in the R-1A, Single-Falllily Residential zoning district and contains approximately 21.37 acres of land. Schools are conditional uses in residential districts and the District has requested a revised c.u.P. for their project. The school property is presently occupied by the school building itself, parking areas on the south and west sides of the h!lilding, playground facilities, a gazebo and ball fields to the north of the building, and the City's wa.ter tower on the west side of the site. The existing building contains 74,700 square feet of area. ISSUES AND ANALYSIS Two key issues were identified when staff first met with District representatives - parking.and drainage. These are addressed in the conditions set forth for public school facilities in residential zoning districts - SectionJ201.10 Subd. 4.b. of the Shorewood City Code. Following is how the District's plans comply with the Code: #. f: . PRINTED ON RECYCLED PAPER ... ://: S.li Memorandum Re: Minnewashta School Expansion C.u.P. 27 March 2008 1. Building Setbacks. Both phases of construction comply with the setback requirements for the R-IA zoning district. 2. Screening and Landscaping. No new landscaping has been included in the plans submitted to date. Since additional parking is being proposed in the southeast comer of the property (replacing a tot-lot area), additional landscaping, including some evergreen material, should be required along the east side of the new lot.. This may necessitate shifting a proposed new sidewalk that circles the east side of the parking area. Since the existing landscape islands in the front parking lot will be demolished and replaced, the landscape plan should show how the new islands will be landscaped. 3. Parking. The School District added on to the building in 1999, at whichtime parking was noted as an area of concern. In order to comply with zoning requirements, the District proposed to use the playground an~a on the north side of the building as overflow parking for special events. School personnel or volunteers were to make sure that the gate was open to this area and to direct traffic to the overflow area, If this is being done, its effectiveness is questionable. Residents advise us that cars frequently park onSmithtown Road and Strawberry Lane. Even on a normal school day, staff noted cars parked in aisles and lining the driveway on the west side of the building. . The District's engineers have submitted a revised parking lot plan thaf expands the front parking area (see Exhibit D) to the east, replacing a small tot-lot play area. Although the . ~ new plan includes a substantial increase in the number of spaces, the incteasewas apparently accomplished by "miniaturizing" the parking lot. That is, the aisle widths and stall depths have been reduced well below what is required in Section 1201. 03 Subd. 5.d.(8)(b) ofthe Zoning Code. For example, the aisle widths are as narrow as 15 feet, where 18 feet is required. Stall depths are as short as 17 feet, where 21 feet is required for 60 degree angle parking. The entry and exit drives are proposed to be reduced to 15 feet in width, raising concerns for emergency vehicle 'access. The Fire Marshal will be asked to comment on the proposed circulation for the site. It should be noted that the front parking lot could be expanded (designed to zoning standards) to accommodate the Phase I project. The problem with evaluating one part of the overall project at a time is the ultimate impact ondrainage. Forexample, shoqld it be necessary to add parking on the north side of the site, the drainage plans submitted do not address the additional runoff. The applicant already proposes to enlarge the ponding area in the northwest comer of the property. It would be poor planning to have to expand it again for Phase II. Parking for both phases should be resolved now. 4. Off-Street Loading. The applicant's plans suggest that no change willbe made to the westerly parking lot. Presumably, school bus loading will remain where it is. The redesign of the front parking lot, however, eliminates the parent drop-off area shown on the previously approved site plan (see Exhibit E). This should be addressed in the redesign of the front lot. -2- Memorandum Re: Minnewashta School Expansion C.UP. 27 March 2008 5. Grading, Drainage and Utilities. These items will be addressed by the City Engineer under separate cover. For purposes of this report it should be noted that the drainage plans submitted to date do not adequately address Phase II ofthe project. 6. General C.UP. Requirements.. The general requirements for conditional uses are provided in Section 1201.04 Subd. 1.(d)(I) ofthe Zoning Code. The Planning Commission and Council should take these provisions under consideration in evaluating the C.U.P. application. RECOMMENDATION Based on the preceding, too many issues remain unresolved to recommend approval of the C.UP. at this time. It is suggested that the matter be continued for at least 30 days, pending the following: A. A revised parking lot layout, designed to Shorewood Zoning Code standards, should be provided. The applicant must also address additional parking for Phase II of the project, as well as the issue ofloading. Plans should be subject to review and comment by the Fire Marshal. B. A landscape plan must be submitted showing landscaping on the east side of the parking lot and in the landscape islands within the parking lot. C. The applicant should submit an overall master plan for the site, similar to the one submitted in 1999 (Exhibit E). This should be accompanied by an up-to-date survey of the property, including the legal description of the property. D. The grading and drainage plans for the property should be redesigned to address Phase II of the District's plans and the additional parking that will be necessary to accommodate Phase II. With respect to the continuance, the applicant should indicate how long itwill take to revise the plans. These plans must be received by City staff no later than 18 April in order to appear back at the Planning Commission on 6 May. If they can not meet that deadline, the application should be continued to the 20 May Planning Commission agenda. Continuing this matter will obviously extend the review period beyond the 60-day review period, set forth in Minnesota Statutes 15.99 Subd. 3( e). The applicant is advised by copy of this memorandum that the review will take up to 120 days. Cc: Larry Brown J ames Landini Tim Keane Clifford Buhman Mike Condon -3- v~ .. .. co .:::t:. C o .... Q) c c ~ Q) .:::t:. CO .....J ~ ......~ ~ /1 I ~ .oJ ~J--- o~ - ~ ~ ~ f- IL .... .. I---- i Ht ~ l~am3"n3 ......~ <==a"~n~ _ ~r-~,,~ _\-I \ \ t .. ..~ ~ 5 'Y~~ ~ ~\ ~'" '7 ~~--I-- =e- <<~ \ \\ \- 1"""'1 (..~.... ~-_._- - \ ~ ~ \f\- ~~:C-F~_ ~\ ~~ \\ .... f--f---~' I ~ \\ \~ .~ z.....c. ~ \\ \ ..\~.. ~ "'\\ ~ "" '\{ 0 \\ \\ \\ ~. (I ........ : \\--1 ~ ~ ~ \\l~:~ ~- 'k ~;V~ ~ I-- I-- :---.. ~ _ f-- I-- - ., o Q) 0"- o. Cl:l ZN3l:101.LN\1Cl~ ,>. ot:: CP:CP ',.. e.. - ....-0.=-.== ~..: I cne.. o ~ o o o L R '~ -- I-t -----l -i ~ H N l - · \--1~ '1 ~ / :.~, ,,- ~ ~ " ~ I It 1 7~t- ~l~ 11--- ~.( ~ r- -I I - - ~l= . .,. . ~. ~~ o .... ~ .... ll--- · . T\; -\\\~ \\1 T'~~ = \ \ \ ~~\ -.Jr- ~ - '\ .. r'\ .. I ( .. ~~ -~ r-~ ~ ~~ '-- ~ ;j. I --.:::: I .. .. .. .. I - g~, ~~ .. o .. g i .... .. \.. I '\" ..~ \- ~O~ .. "LJ1[ Exhibit A \~~~ SITE LOCATION ~ '\ ~ sa> Mmnewashta Elementary School C,D,P, .. .. .. .. .. f~ INSPEC Smart engineering of roofs, walls. pavements and waterproofing 5801 Duluth Street Minneapolis. MN 55422 ph. 763-546-3434 Fax 763-546-8669 Chicago Milwaukee Minneapolis www.inspec.com "\ February 8, 2008 r RECElVED fEB - 7 Z008 C\IY Of SHOREWOOQ.j ..- Brad Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Minnetonka Schools 2008 Site Improvements- Minnewashta Elementary School Inspec Project No.: 210310 Dear Mr. Nielsen: On behalf of Minnetonka Public Schools, ISD #276, we have prepared the following exhibits in application for a conditional use permit, in conjunction with the site improvements at Minnewashta'Elementary School proposed for construction this year. . Site Plan . Grading plan including existing and proposed site contour elevations at one- foot intervals. . Construction plans for the proposed improvements including storm water management facilities. . Drainage calculations for the proposed storm water management facilities. . Electrical plans for the new lighting, including photometric analysis. The project proposed for this summer includes two building additions on the south side of the school, totaling approximately 3,000 square feet, and improvements to the existing south parking lot including expansion to the east of approximately 3,500 square feet. The school is also planning another addition in the near future for a new gYmnasium and classroom space, amounting to approximately 19,500 square feet. The submitted exhibit construction plans and specifications including the proposed storm water management facilities, were developed based on an analysis of the impact of the project scheduled for this year, as well as the probable impact of the future addition. Two key points from our analysis involve the impact to existing Type 3 wetlands on the property. Point 1 In the project proposed for this year, the existing storm water facility on the far north side of the property (originally designed as a NURP pond in 1996 per the construction drawings), is proposed to be enlarged to accommodate the increase in the peak rate of storm water runoff for the 1, 10, and 100 year frequency events of critical duration, including not only the increase from this year's proposed project but also the near future building addition (gYm and classrooms). We included the future addition in our analysis and subsequent storm water management plans as the most prudent way to proceed with this year's project, enlarging the existing NURP pond Exhibit B APPLICANT'S RE&UEST LETTER Dated ~ February 20 Minnetonka Schools 2008 Site Improvements Inspec Project No.: 210310 February 8, 2008 Page 2 this summer to accommodate the storm water runoff increase from not only this summer's project but also the proposed future addition. The rational being to make alterations to the existing NURP pond once, rather than again at a later time when the future addition project is complete. The NURP pond proposed for enlargement is currently a Type 3 wetland, but not a public (designated) water per the NWI (see attached email from John Gleason ofthe Minnesota DNR confirming this). Point 2 The building addition project proposed for the near future (new gym and classroom space), will require relocation of the existing drive connecting the west parking lot to the north side of the existing building, thereby impacting the existing wetland on the west side of the property and north of this summer's project. This will likely lead to future wetland mitigation for the area displaced by the relocated drive. This is not included in this permit application however. A separate application will be submitted for this when this project is confirmed to proceed to construction by the school district. Also, the existing wetland boundary will be confirmed this summer by the registered land survey firm, as the current wetland boundary delineated in the exhibit was done this winter, thereby providing us with the proper boundaries from which to confirm the impact. Our computations for the storm water runoff volume and rate for the 1, 10, and 100 year critical events were performed based on a runoff curve number of 98 for all areas, Le. runoff condition for all areas as impervious directly connected to the drainage system. We believe this conservative approach allows for a significant amount of additional capacity above that which would otherwise be required (reference the attached storm water calculations). The school district is planning on submitting their storm water management permit application to the Minnehaha Creek Watershed District. As part of this application they will need the following, which they hope you can assist with: . Documentation indicating conformance with ~n existing municipal storm water management plan. We wish to thank you and James Landini for your timely responses and professional assistance. Please contact me if you need additional information or have any questions. Very truly yours, IN SPEC Enclosures ~"2. Minnetonka Schools 2008 Pavement Improvments Inspec # 210310 Minnewashta Elementary Stormwater Calculations Existing Improved Drainage Area Acres Acres Area Description Imperviou! Pervious Total Area Impervious Pervious Total Area Surface Runoff to Oak Ridge & A Boulder Ridoe Estates 0.00 1.21 1.21 0.00 1.21 1.21 B Surface Runoff to NURP Pond 0.00 3.19 3.19 0.00 3.19 3.19 Storm Sewer Runoff to NURP 61 Pond 1.23 0.30 1.53 1.28 0.22 1.50 Storm Sewer Runoff to NURP 62 Pond 1.90 0.00 1.90 2.57 0.00 2.57 Storm Sewer Runoff to NURP 63 Pond 0.21 0.06 . 0.27 0.17 0.05 0.22 C Surface Runoff to Wetland 0.25 4.82 5.07 0.11 4.63 4.74 Surface Runoff to Smithtown 0 Road 0.30 0.57 0.87 0.13 0.51 0.64 E surface Runoff to Arbor Creek 0.37 1.67 2.04 0.34 1.67 2.01 TOTAL 4.26 11.82 16.08 4.60 11.48 16.08 0.34 Total Add Imperv. B1 Drainage Area Description Surface Runoff to NURP Pond Storm Sewer Runoff to NURP Pond Storm Sewer Runoff to NURP Pond Storm Pond Existing Improved Acres Acres Imperviou Pervious Total Area Impervious o 3.19 3.19 Pervious o Total Area 3.19 3.19 Area 6 B3 TOTAL 1.23 0.3 1.53 1.28 0.22 1.5 1.9 0 1.9 2.57 0 2.57 0.21 0.06 0.27 0.17 0.05 0.22 3.34 3.55 6.89 4.02 3.46 7.48 0.59 Diff. Acres 26,000 Diff.SF NURP Pond volume calculations 62 NURP Pond volume calculations 310 6~' lI////;/j);//////////LJ /~ iii IN 1='11 I ~~~\~ -- -: --.. \~~~~~\ \ \\=7 ( ',(lYt~~ "- r---;11 : ~""" t~ ~ , /'- IYIyJ 'rAt r,::,~~ I rijf!--J L, 1/~'BJ'~JllS. r7 - r- __ v .;'~"-.", l-- . ( ~:: r; 'J-1J U D..4l --r " ~ ~ ~ - Or:::::~ .... · ?r:::"'::k"'4~"" ~ '\,.) ;""w.,v.: .... r--=-- - ~' ern Y1-- I a v ~II T:- . ~ i '" i ~ ~ ~ I I ... '~~ ,oa b,r-- "/1 ~ --.Jl II...., ) ~ ~ ftJ: F'" F -p I' m: ~-J .. l!!J ". r I rn LL I [ : 1 I ~ Ll J----o- - - [F- -:1 " " - F" . -.- . I I :0- I L. .J I 1_ , J= loJ =1_ - I ~ ~ ~ Z -< ~ ~ r.Fl -< = ~ I Z -< ~ U~ +-'~ :BO .....0 ~~ ~~ \ ,... "'... , Do 1 n, " n' ~ ~;' n 'lJlllJl <LJi UlUl [l]n ~[][] . 'L' i .. lf~ ' " .. I, (1 n i~ ~~ Cli D ~Q,.Jlll,Jl t{..PlLji~ - ~! ) II IIIII ; ~\ ~ r I I . l- ..... I '- \ivott [p ~ j - <VII . ,,.., '" 3 E ~ =1 ~ !I ~ if: il .., I k ~ I =1 ~ ~ 1m I =1 ~ =1 ~'" ~ , ,~ ~~b =1 ~ ~ ~ ~ ~ 7 ~ r ::. " I".r' ~.,' E!lrt:\!I v - -1[ ~ ~ ~!t:i1l nl1ll . (l~h , ~ L.." ~ .... -"" w-'" ~ I II (:) Ii Ujl ilSI~1 ~ ~ ' ~ I I Additions and Alterations to Minnewashta Elementary School Minnetonka Public Schools #276 18301 Highway 7 Minnetonka, Minnesota 55345 I='IITIIRI=' . --...^" I Ii UP. J;i 1IIIj<' I III. filii ' j I f I .. ..I" . ! I~ I ~ lei ,f'lj ---<<v--- .-@-------.. ELEe. MH \ I \' \ \ &1'(; 4<,;; 'Ii;o(.; 8 r ~~-; 7lJ Zt--1 <3: II II lOCO (j)-..J N~ Nt--'" o ~ J r 02 '1f'l (fl<J f'l~ ~z +-~ -, OI '1...., ZI ;e::f'l ~;e:: " +-r 2 f'l I if] I I ~ I I I \'f- . DRHINTILE,)TYPICRU \ . I i LUN: I "I I 20 10 I I ~ I q I I I -' @,%[i5J$:,@13 CHRIN LINK q \ FENC::-- Z "'1 o o Ul lQ -i'> t-' N t-' Ul o LJ co co . ~':JtCo \ +- . :: 0 o \ " w w ElEC. w w DE I v-- -' --- 9" ( SHNITRRY -0 RIM=973.47 INV=SEO.1 ElEe /"'.H - ,t - - - - N894fi'52"W ~. 450.33 I / . / // / -- DE ~~" ~1M1 ~i ." I ~ 3: -t- RI.''\=972'sO ~, INV=S:S.3:J TNV=9~11O \l,NV=9EO.3(NEl - 1- ~~~TtA~~U:/~RT~~~A~r~: . - .~ ~ ..l rCTJ I ~ SCAE. I". :2<0'4)\' NORTI< RII"i=970.8 N'w INV=960.9 NE&S INV=960.9 (ALL ~Jr-- GENERAL PROJECT NOTES: GENERAL DETAIL orES: 1. Verify measurements and condjtions on the project. 1. Shaded: portionol1,K(;l;~-tl;,p'gsite. plan re'pre~eint eXisting bulldlngt. 2. SpeCifications inc~ude bnef de~riptions of eXiSting conditions. 3. Review speoificatlons for instructions not shown on drawings 4-. ExJsting and new mateno.ls co~mon to several details may be notad 5. ~~a~~~ pO~tons on details represent. exist.ing conditions. 6. Review project speCifications for additional det.alls not shown on drawings. 7. Contractor sholl be responsible, for mnintnining so.fe working conditions on o.rens for employees or otber persons o.t the site. DETAIL SY BOLS ~ ~~~1~;; ~ EXi~tmg/New ~ ba~e o.ggregate ~ EXl~ttng/New ~ b1t?ffilnOU9 pavement ~ Existlng/ ~ New concrete 2008 SITE IMPROVEMENTS MINNEW ASljT A' MINNBJONKA S SHOREWOOD, ~~ 5801 Duluth Street Minneapoll$, MN Exhibit D REVISED FRONT PARKING PLAN .- I I I L @6nlPI..AN - r ..... --- i ~-\; ~ ~4 ~ ~. -- I114l1!1t TCUIlI ~- rle IITAUI1 I I , I / i / ~-~ / I I I r- " =~ ~ I I J / - IIIlIDtD r- ~-- alIoIl U<< FIiICNi ~ !F"( I~ , ~ ~'\.,.h't(),'-'Y\ ~ C9 -., I - -... ~- (f ~hIp == -,fa _."lIE -- ........ . .... -- ~ - -- - v- . ~ a.IIIII .... .... ....... -- .. M/IMI/" _... _I ~_ _mUD 110_ 1l:\tICl\lllIl\ol\_\l'IlIO.clw& -Ijr IIPI .....Ijr III'lI ~ . ........ MINNEWASHTA ADDITION ....... SITE PLAN ......... Exhibit B PROPOSED SITE PLAN Exhibit E 1999 SITE PLAN m m I Ii I i i i n ii " ii I ii ~ Ii ~ ~ .., 2 a c: ~ ..... c: ; '" ..... ~ ~ ~ ~ c: i c: g ~ 51 8 ~ z: n I ZM ::I'" I r-Gl ~~ 2 ~I ii z ~ 2 ::I 1= z ..... ::I c: ~ '" 1= ..... .., n ~ ~ c: I 2 ~ i5l ~ c: ~ g i ~ ~ 6 z: .., s c: i5l I g ~ l:Otr1 d& ~...... ~c:r' ~~. ~"Tj l!~I!1 i I i ~ I I ~ ~ ~II I i ~ 1I 1I t"j i j I ~ I t"j -< > ~ ~ 0 ~ rJl I ~ ; I I . I = = Additions and Alterations to Minnewashta Elementary School Minnetonka Public Schools #276 18301 Highway 7 Minnetonka, Minnesota 55345 - "- ;::: - ~I I ~ i- I I T - - - - I- == I I I ~ I . . . I . tS . .. I 'i UF.ln !IIlj I I III I( I I .1 I!IDI i I I I .. ...... . I SITE DATA OBTAINED FROM T01"'OORAI"I4IC SURVEY I"EF<FOF<MED 6Y Cl-ARK ENGINEERING AND 6UB6EQUENT SITE. CONSTRUCTION PLANS. a.RADE6 51-4QI^lN ARE FINtSI-IED SURFACE a.EVATlONS. LOCATIONS AND GlZE6 OF ALL UNDERGROUND UTILITIE6 5~N ARE AFPROxlMATE ONL"'. VERIFY ALL UT!LlTIES. CONTRACTOR RESPON$fB-e FOR REPAIR TO .AN'r DAMAGED UNDERGRCtlND UTILITIES. CONi"RACTOR RE5F'ONSleLE FOR lOCATING .aND PROTECTING AL.L SITE UTILITIES, INCLUD1N::.;. FfO::rVATE UTILITIES. CONTACT GsOR-IER 6TATE ONE CALL FRlQRTO ANY EXCAVATION. ALL CONGTRUCTION MUST CCMPL Y VoIIT14 APf'l,.ICASL..e Of'a)IHANCE5. CONTRACTOR SHALL BE RESPONSIBLE FOR Ar-V PAT FOR Al..L CONSTRUCTION STAKING. CONTRACTOR Sl4ALl O6r AIN AND FAY FOR ALL. CQN6TF1ICT!QN PERMITS. I"F<CTECT EXISTING FACILiTiES AND VEaETATION 1;141C14 ARE TO F<Et1AIN. RESTORE ALL DISTURBED AREAS, INCUJDING PAVEMENTS, LANDSCAPING. ,AND LAr-lN AREAS TO ORIGINAL CONDITION. CONTRACTOR TO 6WEEP ALL PAVED ROACI"iATe AT CONSTRUCTION VEI-UCLE ACCESS POINTS PAIL y . 6~EEF SITE PAVEMENTS TO REMOVE 60rL MATERIAl..5 EA~ WORK OAT WITH SWEEFER. RESTORATION OF LAWN AREAS TO INCLUDE BLACK DIRT AND SOD . FER PROJECT SPECIFICATIONS. MAXIMUM $lOPE /2lF 2% FOR SID~.AL.K FROM BUIl.DING FACE TO NEW CURB AND GUTTER. GENERAL NOTES: 1.1 2.1 'OJ 4.) 5.) bJ 1.1 E>J 9.1 10.1 KEY FLAN NO 6CALE NORT14 ~1QJ~!s[QJI@~ ~UI9@J@! @!~lF. Hi " I ffi Ix" \ ~x . xiii ~ ::lx GRADINGIDRAINAGE FLAN 'iURF FOND ~ NORT14 SCAL.E: I". ~'4l" GENERAL PROJECT NOTES ; GENERAL DETAIL NOTES : 1. Shaded portion on keya~' site plan represent eXiSting bUildings. 1. Verify measurements and conditions on the project. 2. Specifications mclude brief' d'e$Cr~ptions of existmg conditions. ~'. ~~~1~~ S~:dl~I~~tlrii~t:r~~lSln~~~~~~n~on~~v~~~f~e~~i1~r~~~e noted on only one. 3. Sho.ded portions on details represent eXisting CO~ditjons. a. Rev1ew prOject speclflcatlons for additional details not shown on ((ra wtngs. 7. Contractor shall be responsl~le: for me.lnte.inlng safa working conditions on areas for emp"oyees or other persons at the site. &,,19 [Q] If\!]. EXIST. I"ATI4 NOTE:l1 EXIST. CONTQl.RS N BELOI; NORMAL I; TEF< LINE ARE AI"f'RQ>( ATE ELEVATIONS. FIELD I VERIFY. I I I DETAIL SY SOLS ~. --L Ex' lingl ~Ne soil ~ Ex' ting/New ~ ba.e aggrAgI\t.A ~ Ex~ting/New ~ bitfminous pavement EROSION CONTROL NOTES: IJ 2.1 SEE COVER SHEET fOR ExCERPTS FROM 6ltiF'FF NARR.ATlvE. IN6TAl..L SIl.T FENCE PRIOR TO EXCAVATION (SEE DETAIl. 1/4). MA:NTAIN SILT FENCE THRCX.k::i:l-kAJT CONSTRUCTION FERIO:>. REMOVE elL T FENCE A"ID RESTORE AFFECTED Afe:A5 SU65EGUENT TO n.:RF EST ABLISI-IHENT. CONSTRUCT ROCK CONSTRUCTION E."lT~CES (SEE DETAIl. '2/-4) AT ALL CONSTRUCTION VEI-IICl.E ACCE66 LOCATIONS FRIOR TO EART~ORK. PROTECT EXISTING STORM SEY\ER :NLETS IN ACCORDANCE WITH HNIDOT '3591. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATION A6 A RE6UJ... T OF CON6TRUCTION RELATED DIRT AND DEBFe.IS. MArNT AIN ADJACENT PROFER.T'T' AND 5TREETS CLEAN FROM CONSTRUCTION CAUSED DIRT AND DEBRIS ST~ETS MUST BE S/-'IEFT DAILY. CONTRACTOR TO SWEEP A.LL PAvED FWADWAYS AT CON6TRUCTiON VEHICLE ACCEOO POINTS DAIl.Y. SWEEP SITE PAVEMENTS TO REMOVE SOIL MATERIALS EAQ..I AORK DAT rilrl-l SWEEPER 3.1 4) 5.1 b.l ~lQJfJJ!s[ij@!~ ~1J[QJ@j@! @!~U" ~ . ~[QJ[QJIf\!], i ~ . m x. ~ "x EROSION CONTROL FLAN NURF FOND ~ NCRT14 SCALE: 1". 4(Z;l'-tZ)" ~ Existingl ~ New concrete Exhibit G PROPOSED POND GRADING 2008 SITE IMPROVEMENTS MINNEW ASHT A ELEMENT MINNETONKA SCHOOL [ SHOREWOOD,~ MINNESO. ~- 5801 Duluth Street Minneapolis, MN CITY OF SHOREWOOD, 5755 COUNTRY CLUB ROAD 0 SHOREWOOD, MINNESOTA 55331-89270 (952) 474-3236 FAX (952) 474-0128 0 www.cLshorewQod.mn.us 0< cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: RE: Planning Commission, Mayor, and City Council Larry Brown, P.E., Acting City Administrator, Director of Public Works Brad Nielsen, Planning Director J ames Landini, P .E., City Engineer 8 iL March 26, 2008 Grading, Drainage, Future Minnewashta Schools I have reviewed plans and drainage calculations for the 2008 Site Improvements Minnewashta Elementary School, prepared by Inspec, dated 02/05/08. I offer comments on the information presented. . The submitted drainage calculations show a reduction in offsite drainage rates to the surrounding residential neighbors. The applicant did not provide a rate calculation for runoff leaving the pond to the wetland to theNW. As long as the outlet elevation and high water elevations remain the sarrie between existing conditions and proposed conditions the rate of stormwater leaving the pond should remain constant. I will request this verification rate calculation for the file. The proposed pond is shown expanded to miti,gate the additional runoff and appears to be adequate for the submitted school expansion. . In review of the submitted drawings for the future expansion I offer the following comments: . The future building expansion will require relocation of the existing storm' sewer. The future bllilding expansion will likely require the relocation of the rear access driveway. The submitted drainage calculations do not include the likely relocated rear access driveway. . . . #. ~ . PRINTED ON RECYCLED PAPER ..... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 · (952)/474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.lJs MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 11 April 200,? RE: Minnewashta Elementary School - Revised Parking Plans FILE NO. 405(08.04) Discussion of the MinnewashtaElementary School C.D.P. was continued to 15. April, pending the applicant addressing issues raised in the City Engineer's memorandum,. dated 26 March 2008 and the Planning Director's memorandum, dated 27 March 2008. Since then, staffandFire /' Inspector Lee Berglund have met with the applicant's engineer to go over the concerns. Front parking lot. The parking lot in front of the building is proposed for total redesign. The initial plans did not conform to Shorewood's zoning requirements. The applicant has redesigned the parking lot as shown on Exhibits A and B, attached. The revised plan complies with the dimensional requirements set forth in the Zoning Code. It also accommodates an 8' x 33' ladder truck, as requested by the Fire Inspector. The driveway entries have been widened to 20 feet to meet Fire Code requirements. Regarding the elimination of the drop-off area in front of the building, the plan proposes that the northefumost 11 spaces will be restricted to parking after 9:00 A.M. Consideration should be given to the same restriction during the afternoon student pick-up time. The revised plan results in an increase from 26 spaces to 42 (including the 1 I-space drop,..off area), an increase of 16 spaces. Special event/overflow parking. As mentioned in the last report, the paved playground area on the north side of the building is intended to be used for overflow parking. A gate across the access driveway is to be opened for special events, and visitor~ are supposed to be directed to the overflow area. It should be noted that this area does get used, however, due to lack of striping and supervision, it is extremely inefficient. It has also been noted that the driveway leading to the north side ofthe building is used'for parking during the day. Since this serves as fire access, it should be posted as "Fire Lane - No Parking". ~. f . PRINTED ON RECYCLED PAPER .., Memorandum Re: Minnewashta Elementary - Revised Plans 11 April 2008 The applicant has provided a special event parking plan (Exhibit C) that proposes to use the angled bus parking area more efficiently. Since this area ccin not be striped as shown 'On the plan, the 30 spaces shown will be difficult to achieve, even with parking lot supervision. The applicant has again stated that school officials will have to provide parking lot supervision for special event parking. Staff recommends that the School District provide a detailed written plan, outlining when supervision will be provided, how parking will be managed, and who will do the supervision - volunteers or school personnel? It should also include an educational/notice component, reminding parents to carpool where possible, and advising that parking restrictions near the school will be strictly enforced. This plan should be monitored for at least one full school year before any consideration of the second phase construction should be given. The school principal should be involved in preparing this plan, since she/he will be the ultimate contact person responsible for implementing the plan. Conclusion. The School District has advised its consultant that they will not sacrifice the ball field and play area on the north side of the building to add more parking. While this is understandable, it suggests that the property may be full. As a result, school activities continue to rely on on-street parking on streets that are not wide enough to accommodate parking: This puts law enforcement personnel (police and fire) in the position of having to issue tickets for parking violations. While the additional parking provided in the revised front parking lot plan may be adequate for the first phase improvement, staff can not at this time recommend the second phase plan. Any further consideration of the second phase improvement should include a detailed, written parking lot management plan and monitoring special event parking for at least one full school year. The applicant should provide a calendar of special events for t4is purpose. Obviously, resulfs of the monitoring would be considered in a new C.D.P. application at the time the second phase is proposed. Cc: Larry Brown J ames Landini Cliff Buhman Mike Condon -2- t " Noi- t" $G4I~ , OZ 'l'l we I'l 'l,Jil ~z .f'H -j N oI f-'> 'l-j en ZI 0 z'l 0 ~z "'. .f', Z f'l :~ I~ ~ ill II :Q ^ "-~~" I H7(] ZH <3 II 11 <.0<.0 m-.J N~ N~ o CHRIN LINK ~ c -j 4+7.94- ~5IGN /, co I co \ DE "'- .-- ---- ( 9" 5ANITAPY l \ w w w w i::J o INV=971.39 UI w w Ulc . UT -1- SOUT~ LOT AND~NTRANC;- I ~~I..~~~OUT /STRIFING PLAN "i;V'G: e . 'l 3 o I ~IM=972'50 INV=958.3(Wl INV=9711O INV=960.3(NE) - ... GEl -. -1 uMeT' NORTI-I DE BINIWU~IQI~[;llBINI[;B OINlIQ]~[;ffi;. UBIQ] [;IQI~INIB~ ~INI Ii"llQlbB o PIM=973.4-7 INV=960.1 ,./ ~@j" '(,%71M1 ELEC. MH PIM=970.8 NW INV=960.9 NE&5 INV=960.9 tRtC RECORDJ- 1 1'!EYISED APRIL ~,:we&. 1'!EYISIONe REGlJES'TCD BY HINNEI-IAI-IA WATEI'!SI-IED DISTRICT, HARCI-I 14. =a ~ EXistingl ~ Existingl ~ New soil ~ New concrete ~ Existing/Naw ~ base aggregate ~ EXisting/New ~ bituminous pavement GENERAL PROJECT NOTES : L Verify measurements and conditions on the project.. 2. SpeCifications Include brief descriptions of eXiSting conditions. ~'. ~~~~:g Sf:gi~~~i~:t:r~~lSln~~~~~~n~on~~v~~~rire~~il~r~~;~e noted on only ana 5. Shaded portions on detalls represent existing conditions. 6. Revle:w project specifiClltiOnS for additional details not shown on draWIngs. 7. Contrli~tor shall be responsible for maintaining sat'e working condltlOns on llreas for employees or other persons at the site. GENERAL DETAIL NOTES: 1. Shaded portion on key and site plan represent existing buildings. DETAIL SYMBOLS _ATURE 2008 SITE IMPROVFUJ:t..IT, EXCELSIOR ELEMEN MINNETONKA PUBI EXCELSIOR, MINNE~ . 5801 Duluth Street Minneanolis.. MN DATE_ REGISTRATION NO~ Exhibit A REVISED FRONT PARKING LOT TYPED OR PRINTED NAMEl CUFFORD W. BUHMAN " " '-1:::: \ ,- :w CONe. D~ K v ,-/ ,-/ III ~ 'CB I /N -0 ~= \ N /q ~ ~ ['j ~ 5IRE~OLE x t ~ r-- ~N o C --\ 447.94 ~5IGN GRS VRLVE I \' !: I I \ I '- I '\ / , "- i I,' > I... --- , r ........ /'J --- , w w W' ]1.15 ELEC. MH - - - - - NS9.46152"w INV=971.39 UT u1 UT UT lJT 450.33 , , I"~ =2/) INV=971.38 HH --\ fIl I Exhibit B REVISED PARKING - ENLARGED / 1---'\1 f>. = I II O\.l~D :GR ~"\ j\~:io~) "\ r a.. o ~ Z - <( ~;\ ~ ~~'is\ I'- 'd~ i. ~ - :j: G:J;:':I ~~9:;n,. ','J ,~I,{), " :. ~ "l '" j a::: w l- <( ~ ~ Z <i: l- Z :::> o lL. 0 o a' -0 U'> f' .. o U'> -i ..0 0-. >< 9.64 L:€~ 6 ~-Z~ 957?0 X957.71 958,27 X 0 ~t X ..... ... 954.47 .>4< \ J& ..... 956.53 %954.7; X Vqc;~ "-0 I [Jli, 'a)' /~. :C' U1i ~d "\ ~ {ii, ~ ~: 1(0-. ~ " ~ '\ i;<'\ ., GRr>SS i"~955.14 <L\ ... ?~\:..~\.J.~'S\-\U"'-' 0~' d~~~ 'J Ie.!':;) \.~O\(::;;, ;;;~ ~ 0:: X SS "~i II _ o'/j....J ~~ ~~w~ G LANDSCAPE~TIMBER iYzz,-" 0-.'1 {1-.s'. 1 '-Q Ii,y (\J I'- U'> X 971.65 'c .ff r),""" ")~J1 "')J'l" ~_.....l" ~..."iit.;~~-/" 'riA" ~"-' l() ~....;; ZI'- :J<l' ~:c ~ <(~ :c Uti W I ....J (\J f:i~ X . 971.3 ~ ~ . .L 97~ >r '-1 ., 972.20 \.. TE 972.28 f--. X ::J :J: c:I: (Do:: ~CI?~ ,'(\J~ 1'-1'- U'>a I II > 2 ~ <T M ~ ~ if) 'M r--..r-r; t'O'r-r; c Lf: ..q- S: C'\. L[) (() ;t rn :ceo ~Z ' 1/11\ ,.,:;. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-8927-(952) 474~3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: - 23 April 2008 RE: Minnewashta Elementary School- Draft. Resolution FILENO. 405(08.04) The Planning Commission has recommended approval ofa C.U.P. for the Minnewashta Elementary School expansion - Phase I. The approval was subject to conditions recommended by staff in memoranda, dated 27 March 2008 and 11 April 2008, copies of which are included in your Council packet. The most significant condition discussed by the Commission is the requirement that the School District submit a detailed, written parking management plan indicating how special event parking will be managed in the future. Ideally, this plan would have been done before Monday night's meeting and incorporated into the Council's approval. The School District, however, wishes to begin construction as soon as possible, in order to get the work done before staff and students return in the fall. In order to expedite the building permit, staffhas drafted a resolution for your consideration that requires the District to submit the parking plan by the end of May. It also stipulates that the parking revisions proposed in their application be cOl1J.pleted before a certificate of occupancy for the new space will be issued. This includes curbing and striping of the front parking lot. The parking management plan should address the following: . Calendar of special events . Who and how many people will the plan require to supervise parking? . Overflow parking/special event parking signage . Fire lane parking restrictions . Drop-off area parking restrictions .. Elaborate on proposed color-coded parking for bus loading area and north overflow parking ,-'~.' PRINTED ON RECYCLED PAPER ..." Memorandum Re: Minnewashta Elementary School c.u.P. Resolution 23 April 2008 . Contact information for person(s) responsible for parking management (day and evening phone number, address and e-mail address) It is extremely crucial that the School Distri<?t realizes the importance of the parking management plan, and that the prospect of Phase II improvements relies on the success ofthe parking management plan over the next year. The plan should be incorporated into a development agreement between the District and the City. Since I will not be at the meeting on Monday night, please call or e-mail me prior to the meeting if you have any questions or concerns regarding the proposed resolution. Cc: Larry Brown Tim Keane J am((s Landini Mike Condon Cliff Buhman -2- ~~ ~~ RESOLUTION NO. . . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF MINNEWASHTA ELEMENTARY SCHOOL WHEREAS, the Minnetonka Public School District (Applicant) is the owner of real property located at 26350 Smithtown Road in the City of Shore wood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant proposes to expand the existing school building in two phases to accommodate population growth within the school district; and WHEREAS, Phase I improvements include building new administrative offices on the south side of the building, remodeling existing space to create two additional classrooms, and adding two more classrooms to the southwest comer of the building; and WHEREAS, Phase II improvements include additional classrooms and a new gymnasium at the northwest comer of the building; and WHEREAS, schools are allowed by conditional use permit in residential zoning districts and the Applicant has applied for a conditional use permit to enlarge the school; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 27 March 2008, 11 April 2008 and 23 April 2008, which memoranda are on file at City Hall; and WHEREAS, Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 26 March 2008, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 1 April 2008, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit was considered by the City Council at its regular meeting on 28 April 2008, at which time the Planner's memoranda, the City Engineer's memorandum and the minutes ofthe Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood as follows: . FINDINGS OF FACT 1. district. The Subject Property is located in an R-IA single-family residential zoning 2. The Subject property contains approximately 21.37 acres ofland. 3. The Applicant's Phase I plans propose to add new administrative offices at the front of the building, remodel existing offices into classroom space, and add two new classrooms to the southwest comer of the building. 4. The Applicant's plans include a redesign and reconstruction of the parking lot, located in front of the building, increasing parking from 26 spaces to 42, including the 11 spaces that serve as a drop-off and pick-up area for parents who drive their children to school. 5. The Applicant has submitted a conceptual landscaping plan showing additional trees to be planted along the easterly side of the new parking lot. 6. The Applicant proposes to use the existing bus loading area on the west side of the building and the playground area on the north side of the building to accommodate overflow parking for special events at the school. 7. The Applicant's plans include enlarging the stormwater pond in the northwest comer of the site to accommodate the proposed addition and revised front parking lot. CONCLUSIONS A. Based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit for the Phase I improvements only, subject to the following: 1. Grading, drainage and erosion control shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District. 2. The Applicant must provide a detailed landscape plan for the easterly side ofthe front parking lot, showing size, species and spacing of proposed landscape materials. The landscape plan shall be subject to approval by the City Council. 3. Approval of Phase I improvements is contingent upon the Applicant submitting a detailed, written parking management plan by 31 May 2008 for review and approval by the City Council. The management plan shall address the following: a. Calendar of special events b. . Who and how many people will the plan require to supervise parking c. Overflow/special event parking signage d. Fire lane parking restrictions (per Fire Department recommendations) e. Drop-off/pick-up area parking restrictions f. Plan for color-coded striping of bus-loading area and playground overflow area g. Contact information for person or persons responsible for parking management -2- 4. The parking management plan referenced in 3. above shall be incorporated into a development contract between the School District and the City. Parking management shall be monitored for one full year, after which the results of the monitoring shall be used to evaluate any Phase II improvements. B. Approval of Phase I improvements shall not be construed 'in any way as approval of Phase II improvements, which shall be subject to a separate conditional use permit as prescribed by the Shorewood Zoning Code. C. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of April 2008. CHRISTINE LIZEE, MAYOR ATTEST: LAWRENCE A. BROWN, ACTING ADMINISTRATOR/CITY CLERK -3- LEGAL. DESCRIPTION: Beginning at a point on the south line of the Southeast Quarter of the Northwest Quarter Section 32, Twp. 117 R. 23, distant 962.5 feet east from the southwest corner thereof; thence northerly pa~allel with the west line thereof 215.00 feet; thence westerly parallel with the south line thereof . 220.00 feet; thence northerly parallel with the west line thereof to the north line thereof; thence easterly along said north line to its intersection with a line drawn n()rtherly and parallel with the west line thereof from a point on the south line thereof distant 1089.00 feet easterly of the southwest corner thereof; thence southerly along said parallel line to a point distant 856.55 feet north of the south line thereof; thence east parallefwith the south line thereof 330.00 feet; thence south parallel with the west line thereof to the south line thereof; thence west to the point of beginning. Except road. Legal description provided by Hennepin County Property Tax Recorded Division. Exhibit A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-01280 www.cLshorewood.mn.us O\cityhall@cLshorewood.mn.us MEMORANDUM FROM: Mayor and City Council ., tr.../ Larry BroWn, Acting City Administrator Jf' April 25, 2008 TO: DATE: RE: Request by Mr. Matt Phillipi to Appear to Appeal a Zoning Violation Process. '. Property Located at 21155 Minnetonka Boulevard Mr. Matt Phillippi owns the property located at 21155 Minnetonka Boulevard, as shown on the site location map in Attachment 1. Attachment 2 is correspondence received by Mf. Phillippi with regard to zoning violation and enforcement action currently being pursued by the City of Shorewood through the Hennepin County Court system. Mr. Phillippi has also requested to be heard by the City Council during the City Council meeting to be conducted Monday evening. Brad Nielsen, City.Planner has .included a memorandum outlining the process initiated for the violation. Other Information It is my understanding that there was a hearing conducted initially at Hennepin County District Court where Mr. Phillippi was scheduled to appear with regard to the subject zoning violation. Mr. Phillippi has asSerted that proper notice to the violation was not provided. In turn, failure to appear before the court was cause for a bench warrant to be issued for Mr. Phillippi by the Hennepin County District Court. Subsequently, on an unrelated matter, Mr. P}1illip was stopped by an officer (other than the South Lake Minnetonka Police Department and outside of the South Lake Miniletonka Area) and the bench warrant was executed. With regard to the reference of inverse' condemnation, Mr. Phillippi has previously submitted concerns with regard to the neighboring subdivision and the drainage pond and. storm sewer facilities that were designed and constructed upstream of the subject property as part of a subdivision performed in 2001. . ,. f . PRINTED ON RECYCLED PAPER ... i+-9A +- z ATTACHMENT 1 SITE LOCATION MAP .. r' '/' < Page 1 r,:> -r- ef ( I 'i (/( ;; /-1 RECEIVED APR 2 2 zoad 1 April 15,2008 Judge Anne E. McKinsey CITY OF SHOREWrJOD I would like to make a matter of public record that I am making a motion to dismiss my charge of maintenance of a non-permitted accessory and or any related charges case No. 27CR07129076 dropped with prejudice. I was never given a copy of the complaint nor did I receive a summons to appear for a court date, and I was never advised that a warrant was issued on said charges. This is a violation of my civil of rights, arresting me, impounding my car and depriving me of my due process. I appeared in court on 02-26-08 at 8:15AM, and the prosecutor for Shorewood Erica Mischnick tried to Bully me. I stated I wanted my bail of $500.00 dollar returned. Erica Mischnick said she didn't know how to do this. I said I would show her. I explained to Erica Mischnick that this arrest was unlawful and they had the wrong address on the complaint, it was not my correct home address. The address on the complaint is 21155 Minnetonka Boulevard, Shorewood, MN 55331 and my correct address is 500 3rd Street, Excelsior, MN 55331. And Erica Mischnick then wrote down my correct address in court. I stated my position to Erica Mischnick to her that the city of Shorewood will give to me a formal apology for the unlawful arrest and compensate me for said arrest, and agree to pay an attorney of my choice, and to expunge all from my records, the incident. The City is doing an inverse condemnation of my property at 21155 Minnetonka Blvd. destroying the value by trespassing of drainage water in my basement. The City extorted $8,400.00 dollars out of me. I did a sub-division - and sub-divided 2 properties and created 2 additional lots (see back up attached) and the city billed for 4 lots and I only did 2. MY position is clear, I will not remove my shed unless these issues are addressed and resolved and the basement is almost always wet and the shed is to protect the property that would normally be in the basement. Depriving me my due process. ON 02-06-2008, On my 1 sl appearance Ericka Mischnick, tried unsuccessfully to deprive me of a preliminary conference and tried to schedule a trial date. At that time I interjected and had the clerk schedule another appearance date, and I requested at that time to speak to the Judge. And I appeared before you Judge Anne McKinsey and simple stated that I am a victim of a unlawful arrest and requested my bail returned to me. Eric Mischnick interjected that I did not respond to the summons that was sent to the wrong address, if it was sent at all. Thank you for returninf! mv bail at that time your honor Judge Anne McKinsev. ATTACHMENT 2 CORRESPONDENCE BY MR. PHILLIPPI , . f' "" , Page 2 My next appearance on 03-11-08 Stuart Alger the Attorney for Shorewood tried to intimidate me. I repeated the complaint to Stuart Alger, and asked how he plans to address these issues. Stuart Alger refused to address my complaint, then tried unsuccessful to set a trail date and then deprive me of my due process. He deprived me of a pretrial conference, I objected to this. My next appearance on 04-08-08 I appeared in court and I was prepared to discuss my case. I was ready to produce my side of my case and had all the paperwork and evidence to back my claims. I discuss this briefly with Stuart Alger in the hall, at that time I asked Stuart Alger that ifhe had anything in writing to show his side of the case to me, and he replied NO. Stuart Alger proceeded back into the court room and up to the clerk and states he is leaving the court room now. The clerk said to him "What and Stuart Alger repeats he is leaving the court room now. I Matthew Phillippi, said I am not leaving and I want to speak to the JUDGE, and requested to speak the Judge in chambers, however I was refused. The clerk said I could not speak to the judge in chambers without counselor the prosecutor being there. Your Honor Stuart Alger tried to unsuccessfully again to deprive me of due process. I appeared before you, Your Honor and asked for a copy of the summons and a copy of the arrest warrant that I was arrested under. You the Judge stated I would have to request this from the prosecutor, well I did in a letter on April 11, 2008 see enclosed letter. I have since sent Stuart Alger and the City Administrator a requested for my demands. See enclosed copy ofletter. You're Honor I am schedule for April 28, 2008 City of Shorewood council meeting to bring the City of Shorewood up to speed on these issues, in the hope to avoid a costly trial, that I do not see how they can possible win. Note: I have been in the community of Shorewood for 54 years. You're Honor it breaks my heart to fight for my rights in a community where I was raised m. Note: I don't want fight but I refuse to give up my rights. Sincerely, Matthew Phillippi. , April 11, 2008 Stuart T. Alger, As you know appeared in court on April 8-08 for the purpose of a preliminary conference I was looking forward to discussing the case with the Judge serving as a mediator. However you thought apparently it would be wiser on your part to deprive me of this opportunity. The Judge was not too impressed with you stunt, well be it as it may. I requested a copy of summon at that time and a arrest warrant in court in front of Judge Anne McKinsey, and she stated that I had to make my request to the prosecutor and well here it is. 1. I want a copy of the summons 2. Who mailed 3. What address is on it, and what address was it mail too. 4. Where was it mailed from? 5. Was it returned? 6. When was it mailed 7. I want a copy of the warrant. Why was I never notified that I was facing an arrest warrant? Case No 27CR07129076 April 11-08 1O:45AM . I just talked to Larry Brown and he recommended I include in this letter that I make a request to be put on the April 28, 2008 Shorewood agenda counsel meeting. I brought to . Larry's attention that you appear to be forcing the City Of Shorewood and I into a lawsuit that is a no win for the City Of Shorewood and deprive me of a chance to mediate; April 11-08 I demand my eight-four hundred dollars that Craig Dawson over charged me for my sub- division for 4 lots, when I only created 2 lots and increase the price per lot for 1,000.00. I would have had this approved before increase if Brad Neilson had not sand bagged me, and made a component of my subdivision the removal of the garage on my house at 4890 Ferncroft, Shorewood MN house in question. Note I have all record of this. I request a copy of all photo and evidence that you plan to use in court (this is discover) and a list of all witnesses that you plan to call and a copy of their dispositions. I expect a response to my demands on my subdivision refund with in 5 working days. $ 8,400.00 for overcharge amount for my subdivision, plus interest and interest on my escrow money what was $11,250.00 .. April 6, 2008 1. I want a copy of the summons Who signed it? What address was on it? Who mailed it Were was it mail from Copy of the warrant? 2. I want a copy of the court docket of the court docket of the court date I was suppose to have made on 29th of January 08. I want a transcript to the court record on said date. And I want a copy of the arrest warrant, NOT the complaint! I want a copy of the transcript from the court date that I missed do to this illegal arrest. The reckless driving ticket on 2-5-08, and I want statements from prosecutor from said date. I demand $8,400.00 dollars returned to me with interest for the subdivision in the City of Shorewood they charged me for 4 lots and I only created 2. Most importantly I demand answers to the demands I made as to the function of the drainage that is flooding out my house on 21155 Minnetonka Blvd. Who designed this? How was it designed to function? At what elevation was the spec intake and exhaust? What are they in reality? Is there a BOND on this project? If as who's is it, how much etc. This system does not work, my basement is wet any time there is a heavy rain, and when there is a heavy rain the rain water will back up and cover my driveway 4 or 5 inches deep. Nathan Shanklen who caused this mess? and he installed this drain system. And then he would pump the water out of the drain system for days it would take. The City of Shorewood has ruined the value of my property, by storm water trespass. Not only that but they refused to address my issues. I have complaining for years and no response from me or my attorney (see Enclosed). Background 4-6-08 The City of Manager of Shore wood (Craig Dawson) he uses to be the City Manager of Excelsior and tried to run me out of town, forcing me to initiate a federal lawsuit that lasted over 2 years to resolve. The resolve being I won and the City had to pay me compensation. However I did not see this as a big win per say, however I am not a loser. This is true. Craig Dawson, It appears he is trying to do the same in Shorewood. I have 100 of friend in Shorewood that will come to my defense, in this matter. I have lived in the area for over 54 years. What breaks my heart it appears I have to sue the community I grew up in. I assure you it is not by choice. This has Nothing to do with the shipping container. The City of Shorewood has nothing to win and everything to lose, it's just a matter of time. The best solution to the problem would be to take the money out of your storm water fund and proceed to do a condemnation on my property and remove all improvement and use said property for storm water pond. This area is the lowest spot for the whole south end of manor. It would satisfy the whole community and be a bullet proof way to handle the storm water problem. I am not the problem or a problem. Saving to the community would be tremendous. No attorney fees and no wasted time in court etc. However as I do not trust Bradley Neilson or the City Management this will have to be broker through a Judge or Mediator. Who is the responsible for the maintenance ofthis debackale? Who is liable for the damage to me and my property? I demand a formal apology for the unlawful arrest from everyone involved. I want to be compensated for my duress? I want my impound fee paid to me $150.00 and most importantly the whole arrest and everything related to it will be expunged from all records, with a attorney of my choice, at the City of Shorewood expense. I request to the court that the charge be dropped with prejudice or at least until the City of Shorewood addresses my issues and correct the drainage problem etc. Complaint April 6 08 I went to the clerk office in Ridgedale after my court appearance on 3-11-08. I requested a copy of the subpoena(summons) and arrest warrant, the response was you have one, I replied I had a copy of a complaint and want a copy of the summon and arrest warrant the women reply you got your bail back. I repeated my request and she response there is no record of either of this here. I state there generated here how can that be and she comes back with a deputy with a gun and he become belligerent and said don't you hear her and I reply I was asking what I was entitle to by law and then he the deputy become very surly and still uncooperative and I reply I would make my request to a Judge and left. Ken Potts the Prosecutor for Excelsior/Shorewood. I called many times his office he never returns my call he has refused on at least 3 occasion to answer my request for ICR reports or supply me with formal written complain which I required to defend my self in court. Judge who do I address my complaint about a prosecutor. The bar association? CITY OF SHOREWOOD 5755 COUNTRY ClUB ROAD" SHOREWOOD, MINNESOTA 55331-8927" (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhaU@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 28 April 2008 RE: Phillippi - Request for Appearance Before City Council FILE NO. Property (21155 Minnetonka Boulevard) Mr. Matthew Phillippi has requested to appear before the City Council relative to a zoning enforcement action currently being pursued by the City through the Hennepin County District Court system. In July oflast year, based upon neighborhood complaints, a zoning violation notice was sent to Mr. Phillippi at his home in Excelsior (see Exhibit A, attached). As is our practice, we sent one copy by certified mail and one copy by regular mail. Mr. Phillippi refused the certified letter (Exhibit B). The regular mail copy was delivered and not returned. Since Mr. Phillippi did not respond to the notice, the matter was turned over to the City Attorney for further legal action (see Exhibit C). A copy of this letter was also sent to Mr. Phillippi and was not returned to us by the Po~t Office. Still Mr. Phillippi did not respond. The case has subsequently worked its way (painfully slowly) through the court system. At this time our attorneys have made four appearances relative to this case, and as of this writing we do not have a trial date. The City Attorney will update the Council as to the current status of the case on Monday night. Mr. Phillippi has now chosen to appeal to the City Council, citing several issues that have absolutely no bearing on the zoning violation under consideration. Unfortunately, I will not be in attendance at Monday night's meeting to answer questions. Photos ofthe shipping container in question are attached as Exhibits Athrough F. Hopefully, these photos speakJor themselves. If you do have questions of me, please call me on my cell phone or e-mail me prior to Monday night's meeting. If questions arise at the meeting that require my response, please continue the matter to 12 May. Cc: Larry Brown Tim Keane Stuart Alger ~,., t . PRINTED ON RECYCLED PAPER .., CITY OF FilE COpy SHOREWQOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us 24 July 2007 Mr. Matthew Phillippi 500 3rd Street Excelsior, MN 55331 Re: Zoning Violation - 21155 Minnetonka Boulevard Mr. Phillippi: Our office has received a neighborhood complaint regarding a metal shipping container that has been located at the above-referenced property for approximately one year. Upon inspection of the premises, the complaint has been found to be accurate. Your. property is situated in the R- 1D/S, Single-Family Residential/Shoreland zoning district. Shipping containers are not allowed either as permitted or accessory uses. Consequently, this item must be removed from the property. The purpose of this letter is to advise you that if the shipping container is not removed by 8 Augus 2007, the matter will be turned over to the City Attorney's office for further legal action. In processing this complaint it has also come to our attention that the property is being rented out without the necessary rental housing license. If you intend to continue renting the property, you must obtain a license by 31 July 2007. As with the zoning violation, failure to comply with Shorewood's Rental Housing Code will result in legal action by the City Attorney's office. If you have any questions relative to either of these items, please do not hesitate to contact me at 952-474-3236 or bye-mail atplanning@ci.shorewood.mn.us. CITY OF SHOREWOOD ~;tJr}~ Bradley J. Niel"~ planning Director Cc: Mayor and City Council Craig Dawson Tim Keane Q'I> ~ ~ PRINTED O~~ RECYCLED PAPER ..(7 E')(h~'o;t A -I!' 9- , . 0- 4= os CITY OF SHOl 5755 COUNTRY CLUB ROA[ SHOR~WOOD, MINNESOTA II I 7005 1820 0007 7371 ~600 HOLD t:of- ~- * 11'30 U.S. POSTAGE P B3 5 44:; 2 0 o -22 2 $ 05 '" 2-1 0 ,J U L 2 4 '!! 0 0 i . 8 7 1 2 M_AJI.EO FROM ZIP CODE 5 5 33 1 7/d~ IsII1C11Cf iit.' I wI 2M NOTICE Imlild - )., } ~ ~. '*) .~~ "'~~ ~~CE\ JUl 3 -, 1001 . . - 00 C\1Y OF SHOREWO -' (YJfJfJDALA .fEkL tKf;!J 1,1,1 II I," "B II' IllIun"~II' "II, ,J,lI, nil"" ,1I ,I 5533 i::E: i 9:28 .. FILE COpy CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474.3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us 16 August 2007 Mr. Timothy Keane Leonard, Street and Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 Re: Zoning Code Violation - 21155 Minnetonka Boulevard Dear Mr. Keane: On 24 July of this year, we sent a Zoning Violation letter to Mr. Matthew Phillippi regarding the above-referenced address (see attached inspection records and Notice). The letter was sent by certified mail as well as by regular mail. The certified copy was returned, stamped "Refused", however, the regular mail copy was not returned. The 8 August deadline for correcting the zoning violation has expired and we have not heard from the property owner, nor has the violation been corrected. At this time we have no other choice than to resolve this matter through the court system. At your earliest opportunity, please prepare the formal complaint for Hennepin County District Court. I would like to report to the City Council, at its 27 August meeting, that the formal complaint has been filed with the court. Sincerely, CITY OF SHOREWOOD t2. . li/l (/ Il. :(j,,,~) ~Q.J!L~/,/.,.~ . Bradley J. Niel~/ Planning Director Cc: Matthew Phillippi Mayor and City Council Craig Dawson 11'1> f' '& PRINTED ON RECYCLED PAPER ..w Exh ~ b ~ -t c... E.xh', b~+ 'b 8h~b',t E .l.~ V~~'." l ;.... ... '.....; ~.. ..-- ""'.... ~h',b;~ r I X --STORMW A TER POND '~ i 21155 MINNETONKA ~;t [:J:--~ I I l ~ : q~Lruu --J ... ~ Jl: _J ;: sU'DM1'iONI I ., ) < I I I I : I ./ I I I l~ I I I I f~. ,I -.J I L<L___J ~- ,-~ C() ,-~ (\.1 BUS~~ (00 N~ DISTURB), () rr, ,-~ CONCRETE RETAlNltG WAlL 00 NOT DISTURB. FlLL AREA BETWEEN RETAlNIN WAll AND STORM SEWER WITH 1. x----x.-- BENCHMARKS: (ASSUMED DA' TOP RiNG SAN SEWER MH <t. 150'% : WEST OF CO, RD. 82, RR SPIKE IN POWER POLE E. 30' NORTH OF LODGE LANE ElEV=t166.08 . . . : · . . . · · . . . . .S~~R~. SEWER . . · · · · · . · . : . . . . · . . . . : . · · · . . . · · i . . · . . . · . . i . · . . : · · . . i . . · . · . · . . . · · · . . · · . . : . . . . · . · · · . . . . . . · . . · · · · . · · · . · · . . · · · . . . . . . . · · · · . · . . · ' . . . . . : : : :' :':':':':':':':':':':':':':':':':':'::::: :: : : : : : : : :::':':':' :':' :':':':':':':';<':':':':':':':-:';': .:-<: : : : ; ; ; ; ; ; : ::.:.:':.:.:' :.:. ::,:.:.:-:.:.:.:.:.:-:.:- :.;.:.:;:: :::::::::::'.' ..,., ..................................................... . ............ ::: ~:::::.::: ~::::::::: ~::::::::: ~:::::::::):::::.::: ~:':::::::!:::::::::)::::::::: ~:::::.:::)::::::::: ~:: :~:::': ~::::,:::: ~::::::.:: ~::::::::: ~:::.: :::::::::::.;;:: (' / \ ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us / MEMORANDUM TO: Mayor and City Council Larry Brown, Acting City Administrator, Director of Public Works FROM: J ames Landini, City Engineer j. 'i- DATE: April 23, 2007 RE: Approve Plans, Specifications and Estimate and Authorize Advertisement/of Bids Lift Station 16 Rehabilitation Proj ect On January 23, 2006 The City Council authorized the preparation of plans and specifications for the rehabilitation of Lift Station 16. Attachment 1 is an excerpt of those plans, and specifications for the Lift Station 16 Rehabilitation Project. Lift Station 16 is located near the Shady Island bridge as shown on the enclosed project location map. -' The 2008 Sewer Fund Budget has $104,000 budgeted for the rehabilitation of Lift Station 16. Estimated costs for the construction are' $86,340.00 as shown in Attachment 1. If approved, the bid opening will be conducted on May 21, 2007 at 10:00 a.m. at City Hall. Recommendation Staff recommends approval of the attached resolution that approves the plans, specifications, and engineer's estimate and authorizes advertisement of bids (see Exhibit A.) A resolution is included for your consideration. #. " . PRINTED ON RECYCLED PAPER .. 10 A CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE REHABILITATION OF LIFT STATION NO. 16 PROJECT, CITY PROJECT NO. 06-01 WHEREAS, pursuant to a motion made by the City Council January 23,2006, Plans, Specifications and Estimates for the design phase of City Project 06-01 were prepared. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, Specifications and Estimates were prepared by WSB & Associates, Inc., engineer for such improvement pursuant to Council action on January 23,2006. Said plans, specifications and estimates are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. on May 21, 2008, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY WE CITY COUNCIL OF THE CITY OF SHORE WOOD this 28th day of April, 2008. ATTEST: Christine Lizee, Mayor Larry Brown, Acting City Administrator/Clerk I I . I I I I I I . I April 21, 2008 Rehabilitation of Lift Station No. 16 City Project :No. 06~0 1 . Prepared for: '. -~1ij~1l~~~~'" ]'iii:~H':fu"':~r ""'~~1illi"'M<.I"'j~_~~ '::-: I ~~~.~~~ . ~.JrJLt~A';..!t:tS. l . . WSB Project No. 1608.;05 Attachment # 1 701 Xenia Aven1,Je South, Suite 300 Minneapolis, MN554i6(763) 541-4800 CITY OF SHOREWOOD . · Prepared by: ..... ... ..... WSB & Associates, Inc. TABLE OF CONTENTS TITLE SHEET CERTIFICATION TABLE OF CONTENTS BIDDING REQUIREMENTS ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS BID FORM AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS BID BOND FORM CONTRACT FORMS CONTRACT FOR CONSTRUCTION PERFORMANCE AND PAYMENT BOND FORM WITHHOLDING AFFIDAVIT FOR CONTRACTORS FORM (IC-134) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY GENERAL CONDITIONS SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - SITE WORK DIVISION 16 - ELECTRICAL APPENDIX A STANDARD UTILITY SPECIFICATIONS (CEAM) REHABILITATION OF LIFT STATION NO.16 CITY PROJECT NO. 06-01 CITY OF SHOREWOOD, MN WSB PROJECT NO. 1608-05 TOC Engineer's Opinion of Probable Construction Cost IU~J~~4{1lMI'1j~iliIPllfff;11!!I~lir*~\!ii~B_i&_liKiW~gl!($\'I:~!1.r~~~R~~.i?f!","i.!'#f;~t&f,'I\il'\'i\~m'2w'J'WP2~tt~l:;l,ft!iN!i;~'~wW.lr!fil,'(f1;~K!(If@'k!t\i~~1'j~l'W&W.1\~~~W,!il PROJECT: LOCA TION: LIFT STAION 16 REHABiliTATION CITY OF SHOREWOOD PROJECT NO'S. 1608-05 DATE: Apri/16, 2008 LINE ITEM NO NUMBER 1 , 2100.601 , , 2 2101.511 3 ! 2104.505 -- 4 ; 2211.501 ; , 5 I 2350.501 6 2350.502 7 2357.502 8 2573.502 9 2575.605 10 2573.502 I TOTAL K:\01608-o5\Quantity\Preliminary~s 16 esl.xls COST OPINION ESTIMATED UNIT I ESTIMATED DESCRIPTION UNIT QUANTITY PRICE COST !L1FT STATION REHABILITATION 1 LUMP SUM! 1.00 S80,000.00 i 80,000.00 iCLEARING AND GRUBBING--.---.--..----...----.---.j LUMP SUMT1l>-O- $1.500.00 r--1,5oo:'00 (.::.::.=:. _._.._._..______..............................._....__i_____;...._____ _.._.._..L__.__....____ I REMOVE BITUMINOUS PAVEMENT ! SQ YD i 24.00 $15.00 i 360.00 , . ___.__.______. .._. _._._.__-'-___...__..-l ._.'-.____:..___ IAGGREGATE BASE CLASS 5 MOD ~ TON i 10.00 $40.00 i 400.00 , ----.----.---....-.-...--.-.---1---- _.____L.._______ ITYPE LV 4 WEARING COURSE MIXTURE (B) i TON : 3.00 $200.00 i 600.00 TYPE LV 4 NON WEARING COURSE MIXTURE (B) I TON ! 3.00 $200.00 I 600.00 BITUMINOUS MATERIAL FOR TACK ,GALLON! 1.00 $20.00 I_~'OO SILT FENCE, TYPE MACHINE SLICED . I L1N FT I 36.00 _ $10.00 I 360.00 ISEEDING, MIX 240 (INCL. TOPSOIL & FE~TILlZER) ~~-1-~ ~3.000.00J...--~50~~ !SILT FENCE, TYPE SELF SUPPORTING TREE PROTECTION , L1N FT i 100.00 $10.00 i 1,000.00 , ".-....--- I I j ! $86,340.00 Page 1013 PLAN SYMBOLS STATE LINE COUNTY LINE TOWNSHIP OR RANGE LINE SECTION LINE QUARTER LINE SIXTEENTH LINE RIGHT -OF -WAY LINE SLOPE EASEMENT PRESENT RIGHT-OF -WAY CONTROL OF ACCES LINE PROPERTY LINES (EXCEPT LAND LINES) VACATED PLAillD PROPERTY CORPORATE OR CITY LIMITS TRUNK HIGHWAY CENTER LINE RETAINING WALL RAILROAD RAILROAD RIGHT -OF-WAY RIVER OR CREEK DRY RUN DRAINAGE DITCH DRAIN TILE CULVERT DROP IN LET GUARD RAIL BARBED WIRE FENCE WOVEN WIRE FENCE CHAIN LINK FENCE RAILROAD SNOW FENCE STONE WALL OR FENCE HEDGE RAILROAD CROSSING SIGN RAILROAD CROSSING BELL ELECTRIC WARNING SIGN CROSSING GATE MEANDER CORNER SPRINGS MARSH ~~~~:'D } BRUSH NURSERY CATCH BASIN FIRE HYDRANT CATTLE GUARD OVERPASS (HIGHWAY OVER) UNDERPASS (HIGHWAY UNDER) BRIDGE BUILDING (ONE STORY FRAME) F - FRAME C - CONCRETE S - STONE T - TILE B - BRICK ST - STUCCO IRON ROO OR PIPE MONUMENT (STONE, CONCRETE, OR METAL) WOODEN HUB GRAVEL PIT SAND PIT BORROW PIT ROCK QUARRY _SE_ Ull.U. Ull.U.\l. f "f... ~- NAME~ SIZE -->---------- 0=====' -x-x- .....::t......x~x_ ...f!:..x -.-fb:. X- - ~ ~ ~ ~ EJ - . 0- ----0 -.*ii S} . CB ~ 51 -h-f- l:( ~l/t= 11-s-Fl~ 75 o MONU. . @ @ @ @ UTILITY SYMBOLS -1>-----+ POWER POLE LINE TELEPHONE OR TELEGRAPH POLE LINE JOINT TELEPHONE AND POWER ON POWER POLE ON TELEPHONE POLES ANCHOR STREET LIGHT PEDESTAL (TELEPHONE CABLE TERMINAL) GAS MAIN WATER MAIN CONDUIT TELEPHONE CABLE IN CONDUIT ELECTRIC CABLE IN CONDUIT TELEPHONE MANHOLE ELECTRIC MANHOLE BURIED TELEPHONE CABLE BURIED ELECTRIC CABLE AERIAL TELEPHONE CABLE SEWER (SANITARY OR STORM) SEWER MANHOLE -@------@-- @ @ {--- .. I8IPED, -G- ~T= ~P= rn [E] -T-BUR- -P-BUR- ......T-AE _______ ->-> -> ----e--> SCALES INDEX MAP """...... 0 1000 2000 PLAN "".... .. 0 30 60 PROFILE HORIZ. ""'--- 0 30 60 VERT. R.."'~" , 0 10 K:\01608-05\Cad\Plan\LS 16\1608-05.ts.dwg, 4/16/2008 9:44:12 AM REHABILITATION OF LIFT STATION NO. 16 FOR THE CITY OF SHOREWOOD CONSTRUCTION PLAN FOR REHABILITATION OF LIFT STATION NO. 16 LOCATED ON SHADY ISLAND ROAD CITY PROJECT NO. 06-01 THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF PRIVATE UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL-INCLUSIVE. THE CONTRACTOR IS TO DETERMINE THE TYPE AND LOCATION OF PRIVATE UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO. EXCAVATION NOTICE SYSTEM A CALL TO GOPHER STATE ONE (651-454-0002) IS REQUIRED A MINIMUM OF 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION. S N. 40266616 01608-05 GOVERNING SPECIFICATIONS THE 2000 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION." ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL COMFORM TO THE MN MUTCD INCLUDING THE FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS, DATED JANUARY, 2004. ALL TRAFFIC CONTROL DEVICES SHALL HAVE RETROREFLECTIVE SHEETING. CITY OF SHOREWOOD GENERAL SPECIFICATIONS AND STANDARD DETAIL PLATES FOR STREET & UTILITY CONSTRUCTION - 2001 EDITI.ON WATERMAIN AND SANITARY SEWER SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY ENGINEERS ASSOCIATION OF MINNESOTA STANDARD UTILITIES SPECIFICATIONS. SHEET IND EX GENERAL (GEN) G-01 TITLE SHEET, LOCATION MAP, TOC I ~ SITE WORK (SW) C-01 LIFT STATION NO. 16 EXISTING CONDITIONS & SITE PLAN LIFT STATION (LS) P-01 LIFT STATION NO. 16 REMOVALS P-02 LIFT STATION NO. 16 PLAN & PROFILE P-03 LIFT STATION DETAILS E-01 LIFT STATION NO. 16 ELECTRICAL PLAN THIS PLAN CONTAINS 6 SHEETS ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. . WSB 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 www.wsbeng.com de Associates, Inc. 763-641-4800. Fax763-541-1700 INFRASTRUCTURE. ENGINEERING . PlANNING. CONSTRUCTION I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ENGR. 1!~ F. -fle..vrnM'" KEVIN F. NEWMAN, P.E. DATE 04/16/2008 L1C. NO. 25198 Prepared for: ()~ ~ City of Shorewood Dept. of Public Works ond Engineering 5755 Country Club Road Shorewood, Minnesoto 55331 (612) 474-3236 GEN TITLE SHEET G-01 SHEET lO-J MS !II~~ ~ ~ i ~ ~ o ~ ;;- ;::> ~.~ li~ ~~~ ~2~ ~~ii ~iig ;a m :::t )> m r= o ~ " ~ (J)bZQ ::J:;aoz 0-1:"'0 "",,:::tOl"11 .... m r- m - :E ~ o ~ o ~ C Q z o ::j -< i ~~~;; ~ ~~.~ 'i'~~~ .. 1'1l_~() ~ ~~~~ I :~~~ ~ ~ Plt:!ili! ~~c. ~ '" ~~~"1l ~ Z ~ ~~ ~ .~~~ ~ ~rs c ~ g~ " > ~~ I ~." Z 0 ~~!6 m~~ ~ ~ ~ ~ '" ~ ~ ;>\ ~ ~ ~ ;1 ili ! ~ ~ ~ ~ 0 ~ ~ ~ 133HS SlN3V13S\i3 H11M Nlfld 311S ~ SNOI110NO::J ~NI1SIX3 9l "ON NOI1\i1S l.:lll ~O-909 La OZ O~ !.,I 0 3NON :3l\QS ll\iL30 ^\iM3^I~O 30V~~8ns 031JVd~OJ ml..:lIOO~ 3SV8 31V~3~~~V ~ SSVlJ ,,8 O~~Z ~^l 100u~ 3S~nOJ 3SV8 SnONI~n118 "z lVOJ >iJVl SnONI~n118 L~~Z 100u~ Qgs::z vAl lOouV1 3S~nOJ ~NI~'13M SnONIV1nlI8 "z ~33NI~N3 A8 3SIM~3H10 m1J3~IO SS3lNn NMOHS S'1 A '1M3AI~O 3J'1ld3~ :310N I I -S31~A S3IlJ\lA- ~3IlJ\lA SlOdlNOJ NOI1V1S Ull ;:JNI1SIX3 3JVld3d ONV 3AO~3d 1N3V13S'13 ~3M3S A~'11IN'1S "3dld JO NOIl'lldlld3S dO C)NI>N3l ON 3dnSN3 01 'c)Nldld lNlor mXIJ dO snonNllNOO 38 llllHS ~31SAS SSIIdA8 3Hl dOJ c)Nldld llll "~ 30Vd;:J ;:JNI1SIX3 HJl V~ A VM3AldO SnONIV'1nlI8 PAbS 09 3JVld3d ONV 3AO~3d 'NOll111S Ull 3Hl JO MOlJ NC)IS30 3Hl llln03 llllHS AlIOlldllO c)Nld~nd 3Hl 'msn SI ~31SAS c)Nld~nd SSIIdA8 II JI '(; 'NO 11 IIl1ll1S N I 01 dOldd M31A3d dOJ d33NIc)N3 3Hl 01 03111V18ns 38 llllHS V131SAS C)NldV1nd SSlIdJ.8 J.dlldOdV131 "AdIlSS303N SII V131SAS C)NldV1nd SSIIdA8 3C)IIM3S 3Hl 3OIAd3S ONII 'NllllNIIIV1 '3111d3dO llllHS dOlOIIdlNOO 3Hl 'V131SJ.S 3Hl 01 30lAd3S Old103l3 J.dlldOdV131 ONII 'mdln03d SII C)NldV1nd dOJ lN3V1dln03 'c)Nldld llll 30nlONI llllHS ONII dOlOIIdlNOO 3Hl JOA11l181SNOdS3d llllO1 3Hl 38 llllHS ~31SAS SSlIdJ.8 3C)IIM3S 3Hl 'l :S310N 1'131SAS SSIIdA8 3C)IIM3S 'NIII~ 30dOJ C)NllSIX3 3Hl 01 103NNOJ 01 AdIlSS303N SC)NlllIJ ONII 3dld llll dOJ 3l81SNOdS3d 38 llllHS d010lldlNOO 'L 'll3M 13M mSOdOdd 01 d3M3S AIN 11NIIS mSOdOdd dOJ S133HS 3lUOdd ONII NIIld 33S '9 'SlNlor lIlOINIIHJ3~ llll Nllld1S3d 'r; 'd010lld1NOO 3Hl A8 03V1dOJd3d 38 llllHS OOS ONII 30llJdnS OIlOd C; SSlIlO JO lN3V1301lld3d C)NIOnlJNI '>ldOM NOl111d01S3d 311S llll 'j;; ~i '>ldOM NOl111dlld3dd 311S llll dOJ 3l81SNOdS3d 38 llllHS dOlOIId1NOO T 'NOl10nd1SNOO ANII C)NIOOI8 01 dOldd dOlOIId1NOO A8 mlJld3A 0l31J 38 llllHS SNOISN3~IO llll '(; 'c)NIOOI8 01 dOldd 11SIA 311SNO Nil 3>111~ llllHS dOlOIId1NOO 'L :S31ON llld3N3c) Wit ~t:9Fn 900Z/9,/t 'liMp',o-' SO-909,\9, 5l\""ld\PI?J\SO-909W\:)1 S8VlS d3AOJ ll3M 13M ONV llnVA 3AlVA ;:JNI1SIX3 3JVld3d ONV 3AO~3d / , / / / lN3~3AVd SnONI~nlI8 NI1SIX3 lnJMVS ADVERTISEMENT FOR BIDS REHABILITATION OF LIFT STATION NO. 16 CITY PROJECT NO. 06-01 FOR THE CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 21st day of May, 2008 and will be publicly opened at said time and place by two or more designated officers or agents of the Cities of Shorewood. Said proposals for the furnishing of all labor and materials for the construction, complete in-place, of the following approximate quantities: 1 24 10 3 3 0.5 LS SY TON TON TON AC Rehabilitation of Lift Station No. 16 Bituminous Pavement Removal Aggregate Base Class 5 Type LV4 Wearing Course Mixture (B) Type LV3 Non-Wearing Course Mixture (B) Seeding The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by WSB & Associates, Inc., 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416, which are on file with the City Clerk of the City of Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained. from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Forty Dollars and No Cents ($ 40.00) per set. Bids will only be accepted from Contractors who purchase paper Bidding Documents as specified above. Proposals arriving after the designated time will be returned unopened. No Bids will be considered unless sealed and endorsed upon the outside wrapper, "BID FOR 2008 Rehabilitation of Lift Station No. 16" and filed with the City Clerk of the City of Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. Exhibit A Rehabilitation of Lift Station No. 16 AFB I '. /'. </ # Page 1 UY'vP:; Matthew J. Phillippi 500 3r? StMN 55331 " Excels1or, April 15, 2008 Judge Anne E. McKinsey 1 would like to make a matter of public record that I am making a motion to dismiss my charge of maintenance of a non-permitted accessory and or any related charges case No. 27CR07129076 dropped with prejudice. I was never given a copy of the complaint nor did I receive a summons to appear for a court date, and I was never advised that a warrant was issued on said charges. This is a violation of my civil of rights, arresting me, impounding my car and depriving me of my due process. I appeared in court on 02-26-08 at 8: 15AM, and the prosecutor for Shorewood Erica Mischnick tried to Bully me. I stated I wanted my bail of $500.00 dollar returned. Erica Mischnick said she didn't know how to do this. I said I would show her. I explained to Erica Mischnick that this arrest was unlawful and they had the wrong address on the complaint, it was not my correct home address. The address on the complaint is 21155 Minnetonka Boulevard, Shorewood, MN 55331 and my correct address is 500 3rd Street, Excelsior, MN 55331. And Erica Mischnick then wrote down my correct address in court. I stated my position to Erica Mischnick to her that the city of Shorewood will give to me a formal apology for the unlawful arrest and compensate me for said arrest, and agree to pay an attorney of my choice, and to expunge all from my records, the incident. The City is doing an inverse condemnation of my property at 21 155 Minnetonka Blvd. destroying the value by trespassing of drainage water in my basement. The City extorted $8,400.00 dollars out of me. I did a sub-division - and sub-divided 2 properties and created 2 additional lots (see back up attached) and the city billed for 4 lots and I only did 2. MY position is clear, I will not remove my shed unless these issues are addressed and resolved and the basement is almost always wet and the shed is to protect the property that would normally be in the basement. Depriving me my due process. ON 02-06-2008, On my 151 appearance Ericka Mischnick, tried unsuccessfully to deprive me of a preliminary conference and tried to schedule a trial date. At that time I interjected and had the clerk schedule another appearance date, and I requested at that time to speak to the Judge. And I appeared before you Judge Anne McKinsey and simple stated that I am a victim of a unlawful arrest and requested my bail returned to me. Eric Mischnick interjected that I did not respond to the summons that was sent to the wrong address, if it was sent at all. Thank yOU for rcturninf! my bail at that time your honor JudfJc Anne McKinsey. #, .... . ,,'f , .., Page 2 My next appearance on 03-11-08 Stuart Alger the Attorney for Shorewood tried to intimidate me. I repeated the complaint to Stuart Alger, and asked how he plans to address these issues. Stuart Alger refused to address my complaint, then tried unsuccessful to set a trail date and then deprive me of my due process. He deprived me of a pretrial conference, I objected to this. My next appearance on 04-08-08 I appeared in court and I was prepared to discuss my case. I was ready to produce my side of my case and had all the paperwork and evidence to back my claims. I discuss this briefly with Stuart Alger in the hall, at that time I asked Stuart Alger that ifhe had anything in writing to show his side of the case to me, and he replied NO. Stuart Alger proceeded back into the court room and up to the clerk and states he is leaving the court room now. The clerk said to him "What and Stuart Alger repeats he is leaving the court room now. I Matthew Phillippi, said I am not leaving and I want to speak to the JUDGE, and requested to speak the Judge in chambers, however I was refused. The clerk said I could not speak to the judge in chambers without counselor the prosecutor being there. Your Honor Stuart Alger tried to unsuccessfully again to deprive me of due process. I appeared before you, Your Honor and asked for a copy of the summons and a copy of the arrest warrant that I was arrested under. You the Judge stated I would have to request this from the prosecutor, well I did in a letter on April 11, 2008 see enclosed letter. I have since sent Stuart Alger and the City Administrator a requested for my demands. See enclosed copy ofletter. You're Honor I am schedule for April 28, 2008 City of Shorewood council meeting to bring the City of Shorewood up to speed on these issues, in the hope to avoid a costly trial, that I do not see how they can possible win. Note: I have been in the community of Shorewood for 54 years. You're Honor it breaks my heart to fight for my rights in a community where I was raised m. Note: I don't want fight but I refuse to give up my rights. Sincerely, Matthew Phillippi. '. '." April 11, 2008 Stuart T. Alger, As you know appeared in court on April 8-08 for the purpose of a preliminary conference I was looking forward to discussing the case with the Judge serving as a mediator. However you thought apparently it would be wiser on your part to deprive me of this opportunity. The Judge was not too impressed with you stunt, well be it as it may. I requested a copy of summon at that time and a arrest warrant in court in front of Judge Anne McKinsey, and she stated that I had to make my request to the prosecutor and well here it is. 1. I want a copy of the summons 2. Who mailed 3. What address is on it, and what address was it mail too. 4. Where was it mailed from? 5. Was it returned? 6. When was it mailed 7. I want a copy of the warrant. Why was I never notified that I was facing an arrest warrant? Case No 27CR07I29076 April 11-08 IO:45AM I just talked to Larry Brown and he recommended I include in this letter that I make a request to be put on the April 28, 2008 Shorewood agenda counsel meeting. I brought to Larry's attention that you appear to be forcing the City Of Shorewood and I into a lawsuit that is a no win for the City Of Shorewood and deprive me of a chance to mediate; April 11-08 I demand my eight-four hundred dollars that Craig Dawson over charged me for my sub- division for 4 lots, when I only created 2 lots and increase the price per lot for 1,000.00. I would have had this approved before increase if Brad Neilson had not sand bagged me, and made a component of my subdivision the removal of the garage on my house at 4890 Ferncroft, Shorewood MN house in question. Note I have all record of this. I request a copy of all photo and evidence that you plan to use in court (this is discover) and a list of all witnesses that you plan to call and a copy of their dispositions. I expect a response to my demands on my subdivision refund with in 5 working days. $ 8,400.00 for overcharge amount for my subdivision, plus interest and interest on my escrow money what was $11,250.00 .. Also I want a copy of all ordinance and regulation that explain why you were allowed to charge me what you did on everything you had charged me one and how you came up with the price/fees. Also how this applies to my situation. Thank-you Looking forward to your prompt response. Matthew Phillippi 500 3rd St. Excelsior MN 55331 cc: Larry Brown cc: Judge Anne E. McKinsey cc: City of Shorewood Council , t April 6, 2008 1. I want a copy of the summons Who signed it? What address was on it? Who mailed it Were was it mail from Copy of the warrant? 2. I want a copy of the court docket of the court docket of the court date I was suppose to have made on 29th of January 08. I want a transcript to the court record on said date. And I want a copy of the arrest warrant, NOT the complaint! I want a copy of the transcript from the court date that I missed do to this illegal arrest. The reckless driving ticket on 2-5-08, and I want statements from prosecutor from said date. I demand $8,400.00 dollars returned to me with interest for the subdivision in the City of Shorewood they charged me for 4 lots and I only created 2. Most importantly I demand answers to the demands I made as to the function of the drainage that is flooding out my house on 21155 Minnetonka Blvd. Who designed this? How was it designed to function? At what elevation was the spec intake and exhaust? What are they in reality? Is there a BOND on this project? Ifas who's is it, how much etc. This system does not work, my basement is wet any time there is a heavy rain, and when there is a heavy rain the rain water will back up and cover my driveway 4 or 5 inches deep. Nathan Shanklen who caused this mess? and he installed this drain system. And then he would pump the water out of the drain system for days it would take. The City of Shorewood has ruined the value of my property, by storm water trespass. Not only that but they refused to address my issues. I have complaining for years and no response from me or my attorney (see Enclosed). Background 4-6-08 The City of Manager of Shorewood (Craig Dawson) he uses to be the City Manager of Excelsior and tried to run me out of town, forcing me to initiate a federal lawsuit that lasted over 2 years to resolve. The resolve being I won and the City had to pay me compensation. However I did not see this as a big win per say, however I am not a loser. This is true. '", . ~ Craig Dawson, It appears he is trying to do the same in Shorewood. I have 100 of friend in Shorewood that will come to my defense, in this matter. I have lived in the area for over 54 years. What breaks my heart it appears I have to sue the community I grew up in. I assure you it is not by choice. This has Nothing to do with the shipping container. The City of Shorewood has nothing to win and everything to lose, it's just a matter of time. The best solution to the problem would be to take the money out of your storm water fund and proceed to do a condemnation on my property and remove all improvement and use said property for storm water pond. This area is the lowest spot for the whole south end of manor. It would satisfy the whole community and be a bullet proof way to handle the storm water problem. I am not the problem or a problem. Saving to the community would be tremendous. No attorney fees and no wasted time in court etc. However as I do not trust Bradley Neilson or the City Management this will have to be broker through a Judge or Mediator. Who is the responsible for the maintenance of this debackale? Who is liable for the damage to me and my property? I demand a formal apology for the unlawful arrest from everyone involved, I want to be compensated for my duress? I want my impound fee paid to me $150.00 and most importantly the whole arrest and everything related to it will be expunged from all records, with a attorney of my choice, at the City of Shorewood expense. I request to the court that the charge be dropped with prejudice or at least until the City of Shorewood addresses my issues and correct the drainage problem etc. ". , . . ' Complaint April 6 08 I went to the clerk office in Ridgedale after my court appearance on 3-11-08. I requested a copy of the subpoena(summons) and arrest warrant, the response was you have one, I replied I had a copy of a complaint and want a copy of the summon and arrest warrant the women reply you got your bail back. I repeated my request and she response there is no record of either of this here. I state there generated here how can that be and she comes back with a deputy with a gun and he become belligerent and said don't you hear her and I reply I was asking what I was entitle to by law and then he the deputy become very surly and still uncooperative and I reply I would make my request to a Judge and left. Ken Potts the Prosecutor for Excelsior/Shorewood. I called many times his office he never returns my call he has refused on at least 3 occasion to answer my request for ICR reports or supply me with formal written complain which I required to defend my self in court. Judge who do I address my complaint about a prosecutor. The bar association? ~t -~~~ .- i~..r"'. l't ' ~;,-r!.(:~..:. .'~"~"" ~:j; .~l ~ ..,. :""'~ ~".# ~. \- 'i~'\.;-;"" t .~. ", W:~~_:'~"." .~.~~;., ;_,; ......t. '0' , " j:>: .,~, itt. ...~';"'.~~.~.!.;~;.(':-< :,j'\ <> \ . ~l~;-'V"~....;:~~. .;:4,1., ". ,,:,,~.J'; '<'.'J;: :~;\('.'~r i",,; '. .. ... iI.. . ~. ..~ ~ ".-.'r.'t'i~';,.",.~-;!\."""i'"'.l ;'I." ~t:_~.... :,.:.c ':--;'--:~7_~"" -'1..i ~ .~ ~-. '';'I~}r~,b'r'5 'Ii...~, .~.. ,_ ,,:;t...~:,- 1>~.._:.. ....... ~ ...... . '/'''' l~,., .;- .;<:":....: ':; 1.,~;~t-:-:: 1:'. ..... It. "... '.1. .... J~''''. . '" to: ., .tl. "~." .t~.. <: '_I'J~'.. _ !r.~r--...- (, ,. 0' ..." ...., 1lIb ... " ~'" I ..., . ......... i ".'~~.i ,. t 'I '...., _., 'I' . ,/ ' "'~" -;!~ ..' '-., . ~.~~~~~:' ! ,'/./ ;' ~-... ,~. ~J'; } .' . i;~ )" r~..~~~..;; . itY'S~~~i{-~ -'." '-n" . 'j", .', I".., .' i;. . ~\"~'f.,' t,,; p~" ~ ~. \-,' \, t.,. . '.- ,:i"~~." '::"'~~-J .,~.; ~1A 11,' iM~.. :).... :;.,- 'l';f'~: r'" . ", ..:.,o'-:...........;;..J....> .1."", ~ ,..~>~ ;:1" .:..,,:: ~ ',r / 'i' . ...... .;..... ~.~ ;..' ~J:- ".~'i h' "" '))i... .~~; '.:4' \:'. ;~'. "iI.. ~/(I,~ J. ".' "",j':J~ ~..' it,j;:t! :{I i,: ..~t;:~~:~ i~: ~i':~ , ry /J:I.~" .:i.~;<::.~.j.: I i~" 1',". . ,,,:.... ',. ~'" ,~":.. ..,.". '[;'J;;,,,-_, ~~ ". ':J!'\""".h:;~~ !itf?,~;;:, _\)' . .. '~1i;.. J. ... ......,..\,.... .,; ~ ,..,,,.~,, t'.. ~"iiJ4 ';'Jilf;:\'';t-',:,:~, ,rYf y. , \ .... i);?;;\,~.; :~, . , .,~, ..., .<L, " ~.;;;"'.!. ;,~ ,r.:r:....;\' /1'r;;,,;. ;': " r.:,...!~\~~!_ ,....!lt~~..4t;l .\,l ;$;''''.'''t" ," . I\,.. -:t~'.,'!o ........ 4L.r, /'.i: ."~1:oC...."+ .c.'''"",", ,f -" .., "".-"; ....,t~ . ".!,\ ;;r" "~i' ',' f", I-iI'J. if:;'O:i..-':..L _....; ;.' ; ,.r. ~'f~;.!: Vr,"/'J'" . :> ,... . . ~; .... . ,,~ " (. . f;jtr..J:~ "";P'j'f.'" ','.;.;;..... \';'\ :~. ..~. 14::!:.:?'tr.a!"'t..,~. .!, ....~. J.'. . 7i!Ji. if!:3f~ ;.l"'.:1;.~f: ~.b\~ ~.t ~~~ 'jT;,;i.1} o..',,'J!)J!: "';'?] '1.>1' ',.f"", ,,.9;.'.; ~~ ~~'J.' ';....{.f """.! ,."Ii}' .'" .olI-. '~1~ ~~.' ,... .......,,~ ...l....! '\. /. .! . );;~f.;?:.;...:. .. t~/,; :/;i';; .., .,';; ~t~, ':-l7"1 '~'..., ; v't.." j, I/i'. ;.t~. ~'" .. I r-J~ ~:~: III ( ~, .... (1 It> ;-' I:~.z .. <-j, .... ~ ~$~;~ \ ~"""'..';'."....... 1f ~ I ! I i I { , v~ : 2_J -......-. ~...._-- ~"', .-..~. ~- -~J':""":~ ~ . ...... \~ 1< ~ l CITY OF SHORE WOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 Mr. Matt Phillippi 500 Third Street Excelsior, MN 55331 SS31i::\i'32~ 04 . -,;:,\.-' ' . '.. \~- I1PL::{.\"/NI.i15.:l'-.!.,:_ );::;:""1 O/I~I_-?O \, \.\(;; . ,. (.I f ,.... . .-. \, ('.., " ........ ,I - ..;j<""'./ If 1,1'1 i ,I "' J 1,.,11. , , ,1111, i 11,1 11111,11,,1,11, ,,11,11,,". i CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 Mr. Matthew Phillippi 500 3rd Street Excelsior, MN 55331 CITY OF SHOREWOOD (~o~ ".,'~ Presorted First Class US. POSTAGE PAID PERMIT NO. 128 4/30/08 PREVIOUS AMOUNT 0 0 RC 5.25 0 0 ST 15.12 0 0 SW 70.00 ;ALE:~--::C:.i\T-:-;OH1AL'i"i-r-u------~--'-;:ip-8710lJS 8AL. r- N::COUNT NUMBER ---~...---- -----r--~-...---.--T.n.-- ,------ .....-1-------. --_.~ .OO! .00 i i .00 . 0-550-21155-0 ~''iot{.lIJ~I. ,,[I] , I-l~ '~-., ...---.....:-.. _'..-,:.-..;.'..~iJN-r.;-.:u-. E"-'~-'----' ".~"~.'.1-:.:-"~.,r;,.,:v.;.'-'r.'.;.:".-.;- I%.".i"~.. .~.j.l, ..---.'. .....~---.-..e;:;i.;.)I_.}....i. -.~iji.--. _.m'.__ II . Ii' ____ .~,_':_~"'i3!~': f:~:':E _.___ ,..1.. ''t..:. :."._-,)1,; ."" 'iJll______ _ ___.:.I'J:.!~_]UE_~)~l_E.______ [..'-550-21155-0 I 99.41. 90.37! 99.41 ___________~____j___~_______ ._..L___~_ ____.______.L________ DUE DATE PI_:::A;~)E HE'TiJC:;N it.S \-V!TH ;JA\/f.,lE:i'H DUE DATE 4/30/08 90.37 2iis'SMINtTEtONKA BLVD MATTHEW PHILLIPPI 500 3RD ST EXCELSIOR MN 55331 ~.()C;~.TI()N: ~ ..... ,,~ 'it? ... 1'i'. " ! 1 IIIII! 1111 'lflll,I'Il! 1,11111,11/11 n Illllll,i E&i\\ .. Matthew 1. Phillippi 500 3rd St. Excelsior, MN 55331 I'. ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 10 November 2004 RE: Phillippi, Matthew - Minor Subdivisions and Lot AreaJWidth Variances FILE NO.: 405 (04.31) BACKGROUND Mr. Matthew Phillippi has acquired three parcels of property, located at 4880 and 4890 Ferncroft Drive and 21155 Minnetonka Boulevard (see Site Location map and Existing Parcels - Exhibits A and B, respectively, attached). He proposes to resubdivide the three parcels into five lots as shown on Exhibit C. Mr. Phillippi's proposal involves two minor subdivisions with lot area variances on three of the lots. Additionally, Mr. Phillippi requests that five feet of the right-of-way for Femcroft Drive be vacated. The subject properties are zoned R-1D/S, Single-Family ResidentiallShoreland. Parcell consists of two previously platted lots and one-half of a vacated right-of-way. This parcel contains 19,251 square feet of area and is occupied by a single-family dwelling and a detached garage. Parcel 2 contains 9874 square feet and is vacant, except for the garage of the property to the south that encroaches onto the parcel by approximately 17 feet. The owner of the garage has agreed to remove it, and Mr. Phillippe has agreed to convey a driveway easement across Parcel 2 (Lot C) to access a future garage at the rear ofthat lot. Parcel 3 contains 18,138 square feet and is occupied by a nonconforming two- family dwelling and a detached garage that is located too close to Femcroft Drive. Zoning and land use surrounding the properties in question is primarily R-1D/S, developed as single-family residential. The exception to this pattern is the old Kuemple n '.J PRINTED ON RECYCLED PAPER Memorandum Re: Phillippi Minor Division and Variances 10 November 2004 3. The encroaching garage must be removed within six months. Again, an escrow must be provided. 4. The applicant must provide a copy of the driveway easement across Lot C, suitable for recording. ' 5. The applicant must provide deeds for the drainage and utility easements on each of the new lots. 6.. The applicant must provide title opinions or title commitments for all of the subject properties for review by the City Attorney. 7. The deeds, title opinions and bids referenced in 1-5 above must be submitted within 30 days of the Council's approv~ of the request. The escrows for 1.5 times the amount of the bids must be submitted within 60 days, at which time the resolutions and deeds must be recorded with Hennepin County. Prior to release of the Council resolution approving the request, the applicant must pay park dedication fees ($1500 per lot) and local sanitary sewer charges ($1200 per lot) for the two newly created lots. Cr:edit is allowed for the three existing parcels. _/ Cc: raig Dawson Larry Brown Tim Keane Matthew Phillippe -3- CITY OF SHOREWOOD PLANNING COMMISSION MEETING MINUTES March 1, 2005 Page 5 of 6 5. MINOR SUBDMSIONS AND LOT SIZE VARIANCES (Reconsideration) Applicant: Matthew Phillippi Location: 21155 Minnetonka Blvd. and 4900 Ferncroft Drive /' Director Nielsen reviewed the history of this matter, noting this matter had been considered in November _ <' of 2004, with the Commission recommending against the variances that were being requested due to lack ~ of hardship. With the understanding that there might be a possible change to the variance criteria, the applicant had requested his application not be forwarded to Council for consideration until the Commission had reviewed a possible change to the criteria for considering variances. Although the Commission had not acted on a proposed amendment to that effect, Staff had committed to the applicant that a revised plan would be scheduled for review at this meeting. Director Nielsen then briefly summarized the revisions to the original plan. He stated the subject lots would be divided to have uniform 70-foot widths. In addition to the nonconformities that would be eliminated or reduced from the originaJapplication, the existing house between Lots C and D would have its garage on its respective lot, and the existing lot would be increased from 50 feet in width to 70 feet. {gith regard to the previous Staff recommendations on this matter, Director Nielsen stated all recommendations were the same with the exce.ption of an increase in park dedication fees as per the _oramance amendment earlier m 2UU5. He also noted the applicant was present this evening and wished to ave the Commission provide feedback on this request. Matt Phillippi, owner of the properties located at 21155 Minnetonka Boulevard and 4900 Femcroft Drive, stated he was trying to "clean up" the neighborhood with his request and he had invested a great deal of time and money to that effect. In addition, he stated if the City would not agree to the proposed subdivision, he would be forced to upgrade the existing duplex located on the property, and this was something he did not want to have to do. Mr. Phillippi stated it was his intent to have the duplex utilized in a live bum scenario with the Excelsior Fire District. He thought the entire request would provide a benefit to the community and he thought it was a good chance to resolve issues of nonconformity as well. He stated the existing house had a pending offer of sale upon it, and he noted a sewer stub had been recorded with proposed Lots A and B. He further noted the beauty of the property and stated he wished to maintain that beauty in the area. Discussion ensued by the Commission regarding clarification of lot lines and other options for subdivision. Commissioner Conley questioned the setback issues related to the garage on Lot F. Director Nielsen stated it would remain nonconforming at five feet, but with the current proposal would be on its own lot. Commissioner White stated she thought the current proposal was improved over the original and while the lots were smaller, they would be larger than some existing lots in the area. Commissioner Gagne agreed. Chair Bailey stated he had given a great deal of thought to the existing criteria as it related to this request. He stated he thought the request was clearly economic in nature; however, the current proposal presented was the closest he had seen to resolving the problems in that neighborhood. Commissioner Gniffke agreed. Commissioner Meyer stated he also agreed with Chair Bailey's comments, noting while it was a great way to cure the problems, he remained uncertain of the hardship. He stated he believed this was an example of a case whereby granting a variance was better than not granting the variance. 8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in square feet and acres. 9. A statement of the proposed use oflots stating type of buildings with number of proposed dwelling units or type of business, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. 10. Public utilities including water, sanitary sewer mains and service connections to be installed in accordance with the standards of the City of Shorewood. 11. Proposed grading including existing and proposed contours at vertical intervals of not more than two (2) feet, proposed cut and fill areas, proposed building pads showing type of house (full basement, walkout, split entry, etc.) and elevations of lowest floor and garage floor. 12. Proposed ponding data including the Ordinary High Water Level, High Water Level, and Emergency Overflow Elevation and route. d. Supplementary Information: 1. Any or all of the supplementary information requirements set forth in this subdivision shall be submitted, when deemed necessary by the City staff, consultants, advisory bodies or City Council. 2. Proposed protective covenants. f I I 3. An accurate soils report of the subdivision prepared by a registered professional engineer qualified to perform and analyze soil materials under the laws of Minnesota. The soils report shall consist of test holes to a depth necessary to determine the various types of soils to be encountered before reaching a stable base, and the static water table elevation. Such test holes, when ordered by the City authorities, shall be drilled at the expense of the owner or developer and the information disclosed shall be furnished to the City together with a copy of the proposed plat showing the location of each test hole. The information required by the City shall include a report as to the various types of soils encountered and their depths, the level of the ground water, a percolation test and may include additional information. The number of test holes to be drilled and their location on the property, which is proposed to be platted, will be as directed by the City or their authorized representative. The owner shall be required to furnish to the City a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction. 4. A survey prepared by a qualified landscape architect, forester or arborist identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing. 5. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 6. Provision for surface water disposal, ponding, drainage and flood control. Page 10 r I 1. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are herby so dedicated. J. The exact locations and widths of all easements to be dedicated. k. Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked "utility easements" . 1. Detailed plans and specifications in accordance with the City of Shorewood Standard Specifications for Construction of Public Utilities, including sanitary sewer, municipal water systems or on-site water supply, grading, drainage and erosion control plans, all approved by the City Engineer. I /.m. Evidence that ground water controls are provided at least ten (10) feet below level of finished ~ grades of plan. n. Comply with rules and regulations of the Minnehaha Creek Watershed District, or Riley- Purgatory-Bluff Creek Watershed District, whichever District has jurisdiction, or statement from the District indicating that it has no interest in the plat. ) o. Any supplementary engineering data required by the City. Subd. 4. Certification Required: a. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as amended. b. Execution by all owners of any interest in the land or any holders of a mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended, and which certificate shall include a dedication of the utility easement and other public areas in such form as approved by the City Council. c. Space for certificates of approval and review including the date of approval and spaces to be filled in by the signature of the Mayor and City Administrator. SECTION 1202.05 DESIGN STANDARDS: Subd. 1. Blocks: a. Block Length: In general, intersecting streets, determining block lengths, shall be provided at intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed twelve hundred (1200) feet in length, except where topography or other conditions justify a departure from this maximum and approval is received from the City Council. In blocks longer than one thousand (1000) feet, pedestrian ways or easements through the block may be required in locations deemed necessary for convenient pedestrian circulation. Page 12 THOMAS A. JUDD 612.347.0377 J uddT@moss-barnett.com July 13, 2004 Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 Re: Drainage Issues Relating to 21155 and 21175 Minnetonka Boulevard Our File No.: 45301.1 Dear Mr. Nielsen: You may recall that this firm represents Mr. Matthew Phillippi, owner of property located at 21155 Minnetonka Boulevard. Mr. Phillippi's property lies adjacent to and immediately to the north of the property located at 21175 Minnetonka Boulevard owned by Mr. Dan Heiland. I believe that you are familiar with the topography of the area and the fact that Mr. Heiland's property is located at a higher elevation than Mr. Phillippi's property. Also, I believe that you are aware that there is a wetland area on the north side of Mr. Heiland's property, lying immediately south of the property line between Mr. Phillippi's property and Mr. Heiland's property, that collects water as it comes down the hill from the south draining north toward Lake William. It is critically important that the water accumulating in the wetland area is properly drained to avoid trespass by water on Mr. Phillippi's property. I am advised at one time that there was an engineering study that recommended a "see through" culvert from Mr. Heiland's property across Mr. Phillippi's property, which would ensure proper drainage of runoff water gathering in the wetland area to avoid saturation of Mr. Phillippi's property. As Mr. Phillippi's property becomes saturated, the water table rises and creates undue hydrostatic pressure on the foundation of the house located on Mr. Phillippi's property, which results in water seeping into the basement. It is our understanding that there is another proposal either before the City or that has been approved by the City for drainage from Mr. Heiland's property. I would appreciate it if you could please provide me with a copy of that proposal and advise me whether that proposal has been approved by the City. Also, on behalf of Mr. Phillippi, I request that a bond be obtained from either Mr. Heiland or the party installing the drainage system to protect Mr. Phillippi against any problems that may arise due to improper drainage following the installation of the drainage system by or on behalf of Mr. Heiland. w " ....1.. I..... 2J--/~' .~ 1,1,) Jv')'i-- . ~... "- " u ' - i-''")--c';- '! iii ~ ~ NJ' Jft-tl~ ~ ~ 111 ~~, rV.4Tt/AIL $I.IAN*~elv kJy~~ A:;', j(lL ~ l-..~ c; ~~}.).4.Z d ~lIss-l'tr/(Bt.VtJ 'j 1la. ~~ Jd $~ ~ ~oL~ <A ! 4 _/ J ~ A rA tf (}r..dt, . ~<l" J IL. ~,,~ ~ ~ ~ ~ Jo'-t~--... j,~. , \~. ~. ~ ill?ifili ~ f!/J/ c ti!{~Q d~ vt ' '. ~../~" ~~ iil. ~ 1rrJ- '- ~~ ~~ j ~~ Iii evrVJ ~-'- .~~ ~~ ~ JAfj-;J( ~ I.r k ~ f'v& ~/~l- -tfty.~ ll'vJ ~11> I~' ~ I: LJJ'...d4 ~- W<:,a (~~~ W~~. ~, k:. Iii J:J l/r>~j ~ ~ ~'. I TJ /k..J l;(\..Jt~L-,,~1 dJ-'~ !Tt-& I ~ ,7 L'7~ ir I~ti~. - - ~.. ~<I>I k-- ij(\~4~') JL f~ . .1111.1 LJl. ~ I rl-LL\ . )' ~^-f'vo( ~. e, ~'tl t' I ~ ~ ~ i ~ 5----- QS- ," ~ ~ 0""'- c vtlr.( 4 l:~ 'iiA-', A ,~~ /-'>'>- cf) ~'1. ;..; 4~./ ~ , ~h""'~' ':, . , \ , ~~I ' . 7 ' ,:f t ' 'IJ - :; i __ , 1'\, 1'1 j ~,-"" I H t '-J""V"'~ ' ' " . . (../V--" --1.1 ' , , , ,:, f . -tl. ~. __ ~ & 0- .. ':t . G ft~? rurr:t ~ ,., It .J, H Ofl~ 'j'-,Mf.. J:! ~1'. ~ III ~ ;',i ~~~ J ~ 'tt~1' <0 q'0 (, 'I. ..t <-d ~ ../v . CNl', ~ ;..t ':: ! .~~ tk.-~ )11 ~ ., 0-/>1 _ ,. S ~ -eu..vlJ ~ ," f), 1/.:5j- ~.; M I K f:>C v p ,~~~, feJ ~ ,. :.. r:t-~ 11, ...& WS8 ~ & Associates. Inc. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 612-541-4800 FAX 541-1700 B.A. Mincl5todt, P.E. Br~t A. Weiss. P.E. Peter R. Willenbring. RE. Donald W. Sterna. P.E. Ronald B. Bray. RE. Memorandum To: LIlf1'Y Brown, P.E. City of Shorewood, MN Peter R. Willenbring, P.E.~ ~ WSB & Associates, Inc. ~ ~ March 16, 2000 .From: Date: Re: Review of Hy,Jrologic Issues Associated with Simple Subdivision of Property at 21175 Mlnnetonka Boulevard WSB Project No.1 074-541 As requested, we have reviewed the information you submitted-~d completed a site inspection concerning the above-referenced subdivision. Based on this review, the following comments are made: 1. The property and structures immediately north of2117S,Minnetonka Boulevard have experienced flooding due to the tact that the overland overflow from this depression - is higher than the building floor elevation. 2. Calculations submitted by John KaIwacki of Scholl & Madsen, Inc.. in a letter dated February 11, 2000, indicate that the proposed development on the lot will increase the volume directed to this depression, although they identify the increase as "representing a very minimal impact:' 3. The analysis completed by SchoeH & Madson looked at water elevations that would result from a single 1~. 10-, or lOo-year return frequency rainfall event. This does not reflect the true problem, as the critical duration event for such a system would not be an isolated event but a long period of rainfall, rainfall on frozen ground, or a snow melt event. 4. The analysis completed by Schoell & Madson assumed the water elevation in the depression before the design event Occurs to be at or very near the bottom of the depression. This assumption cannot be assured, as the only way water from this depression can draw d.own to this elevation is by evaporation and seepage. Unless the depression is continually pumped, we are not coplfortable that the amount of storage predicted in the depression will, indeed. be available. M inn t "1''' () / is. St. C/o u d fnf7.4.ttfl'fll!h19'# FH";."'_~ P,......_.. F:IWPWTM/fJ1'1-$4mIJ t,~ '111'" Larry Brown, P.E. City of Shorewood, itlN ltfarch 16, 2000 Page 2 5. Calculations developed by SchoeH & Madson indicate that if the depr~4sion is empty, the lOO-year water elevation in this depression would reach approximately:J63.38 for a single isolated 100-year event. Based on the contour mapping for the area, the garage and structure immediately north oithe subject property would be inundated for this single isolated event. 6. Based on a review oithe topography of this area, it is apparent that a pipe outlet could be installed from the bottom of the depression to the north into the ditch along Minnetonka Boulevard. This pipe would need to be daylighted into the ditch 100+ feet north of this parcel proposed for subdivision. This work would aiso need to be completed on property not owned by this parcel owner. The construction of such an outlet would provide assurances that a normal water elevation within the depression could be maintained and likely eliminate the threat of flooding of structures on the parcel immediately north of this proposed lot split. Based on the above considerations, we believe that the proposed subdivision and future lot development has the potential to increase the frequency of flooding of the property immediately north of this proposed lot split. Furthennore. we believe as part of the development of any future lot on this parcel, it would be prudent for the City to require a positive gravity outlet to be provided from that depression in such a marmer as to relieve the potential for flooding on the property immediately north of this parcel. Our review further indicates that it is technically feasible for such a project to be constrocted to take care of this problem.. It is recommended that, as a condition to the subdivision, a positive outlet be installed for this . depression. In order for such a project to be installed, it is likely the City would need to be petitioned to undertake this work as a public improvement project since this work could not be completed wholly within the property owned by one property owner. Thank you for the opportunity to assist you in this project. If you have any questions concerning these recommendations, please do not hesitate to contact me at (612) 277-5788. c: Don Sterna, WSB & Associates kd F:\ WPWlNll 0 7..S4J .10J J iOo.l1J. ..pll . 132/135/213138 13: 28 .:" ......_f..,., . 51231763113 ~cso Wt>RRANTS , . 1":- l':lAGE 131/121<1 _''t'..-:- : 11. . . . '. ......; . A 1'~'O~' (J.. 907~ F~URTJ:I iO[nc L DISTRICT COURT . DIVISION'. . _0_ ST A TE~oF"MINNESOT A COUNT.Y OF HENNEPIN '"-.-.... . I' ~ last I . Date of Birth: . ). '. lealendar Dat~ _ . -lp Code '. Dj'lver.s ~Icens~ N.'. COMPliMNT " 'iI nit. N te Is en. . i tomplainant; 'be l~g duly s~rn, make; ~~mplai~t ,';" ih~ abo~"'n ".l ': ,d Court' a,!d 'stat~s. that .there Is probable. cause. to: b~lie~e that' t~e Defend~nt C.~~~~lt!~:.d Ihe follow!r1g .offenseCs).. The CPrnpla1nant states the, 'ee t.,.. '".. In . fact-' eS~~llsh P R 0!:!,o.8 LI; ~A 5",.. . .' l"l '. I .' ~ . Your ~cmplafna"t 1~,t~e Pl~nn1n~ Direct r (P01r~ctor") for the lty 01 Shorewood c.'Citi~).' Itr. Matthew 'Plillfppf '("'lJe'f>!!ndant~), o~nS he; proPer.ty located at 21155 Mfnnetonka Bo.levard, Shorew~od, Hennepfn Coun.y, Minnesota . C'Pro/ierty:' l. The Pr~j,erty is situated in the R-1D, Single~Fam ly P.e~td.en.tfal(Sh'Drela~d zo.ing district. Ii' In .response to. neighborhood' complaints ~ .on M~y 17, 2007, the 01 ee''t.or'. . '1'ns p'ected the Pri)perty of. the' Defendant. Th'e '0 i rector., observe1 th. a t there . w~.s a 'metal ,.slti ppf ng contal ner 109Ued .on the Ptopert.y (the:" Sh pphg '.Conta iner").', 'The 'Director then Sent BUilding Inspector, JOe Pa andak, c'~.I ns.p ec'eo r ".J to ph 0 tog r aph the' Pr ope r tv oit be hal f 0' th e Ci t.v . On. Ilay' 17, ~(}7; at apptoltlmately 4:15 P.m., 'the Inspector photogra.phed th SniPPing ...~~.on~.afn~T, sai.d PhotOgr=~PhS. are attached hereto as Exhibit A. . Storage of a sh;iop i n9 cant. i ner is not a 11 owed as. a.permUted acees sor.v use an.d, theref'ore~ constitutes a 'i101atfon of'See'tion 1201.11. Sub.d. 3 of' the Shofewood ZO.ing Code. ~, . " '. . '. . . '. " , . . The above.facts constitute Complaina'If1:~'$"b. asis 'for belieVing.! tha'~ the above.. narqed. !liltendant, .on the 17th day 'of' /oIay, 2007, at 21l$"M1nnetonk~ Boule'yard, Shorewood, .innesota, In the abo.e-named Coun~, committed the frllowfng )ffe'nses: '. : I . . conti nued on ".xt' P"2'0;!, .: ! I . MREFORE, ComPialnant prays' .hai said of1end~r rr:ay be <l.rrested '';''d . deal, with.accordlng .to'law. ! I. , ! I STATE OF MINNESOTA .vs ." JDsef 'n Name Ma tthew P'h t 1.... t ppt first ' middle. A9~e" 21155 Minnetooka Bo~leyard P,Jaintiff, COMPLAINT SUMMONS _ WARR~NT . CALENDAR DAT City! 'State ShoreWDod, MN .55331' ection harge ).f}- D7 . .......-- v : 4382 (Rev 9(02) LLARS $jJ,~Su-dt) . CASH 0 CHECK ~ FUND ACCOUNT AMOUNT J1l~' ~ CITY 0 SHOREWOOD WHITE - To Person Making Payment CANARY - To Finance PINK - Retained by Cieri< OFFICIAL RECEIPT No. 40947 4 -(~b .O~ LLARS $ FUND CASH 0 CHECK 'ElP ACCOUNT I AMOUNT I J /':1 (^ ( L.L\ CITY SHOREWOOD WHITE - To Person Making Payment CANARY - To Finance PINK - Retained by Cieri< " ~ ,t. ~~~,_ ~~g"" ,.~.., iU'''. ~,d{~" ..,.,.~~;! :YI... ~.') .\ '" J.,,,' ..'~,~ # '~.'J>.; "'.<" .',?> ,;;'. ..,. ~. ,.,.,. ?-,,~ ~-1'l"\T ~ ""*'Z" 'I;.~,~ _;,., ~'i't:-fk;i~i<~j\ ~,:~;~f}~;~n:\: , .-.,iKl,.., "_'''' """'., .. 1:--;., "-c'::"k'.lf.:r.~~". . ~ '~,'~ ""~i;'~"I:f~,,,~ J., ',~ .. \"'" ,.. i~",. "'~'. . iL...,'" ~/t'\:;.?"ti iI, :rJ:;; ?':.:lft';f... !)ol'fl"o .~ :. ,9r;~::-';:~"; '~',~.~. '" .t '. "i~., . "';j' . 1;'1 \fk. ;#~~ 1:-: ili. ' ~< ';~~i~..; ~, . .k" . >) "!li1}. I . r' "<... , '. ..'>1.....:-. '. 'If', _,''', ;. . ~~<;)~lii ~ i.. t"'" '1(/ -,. ",,~,\ -I q;. ,~. ;. \",;" , ~..., . ~It'" 'J.~'t, "~"~~., .1\ ' I,. ~ .oj:!1 . .. ,It'.... f '1i,. "o"i.;: ~7 ...c: ~:.'i" ';', ~.;~ ,~"';.)'),'<I:J.:. ~ - ",~";",)'J,.t".,,, "'~ I " ,.,tJ'/~~.. .t,l ,..~. ", It' , ''It-. ':;.'- "',t"l, .:..... ~.....;. " ~1 , " liT'" 1~. . 'f , ;';"; r;~,. ,.1.1,1. '. .~~.. ~. ~1,. >t '..r .it'~ toJ i'.J ~,.,>}: ''/:'; ~"'.,-"J:. _"" I}~ ,I. ",.: 'i>~;:'':.ir' ;i':" '\", "~:I-;' '~I'~.:~f :q ~~t .... 'x .r'l ?t. i .... \. .,,},v Y".~ 11".,' , .'" ,~,.~. ~ · " '~/J. .~ :r.~"'V'P.": '.:' ':,..., '-"LP ~1.l"'/~:i;'~'->,~ ,\.~~,J~ , '.< ;.,1:( ':f~l. :,i, f;:i:"".~ '",. ~. ,~- ~':'... ;.'''.........r ; '-"'~ l..." ~.... .....l...'J" /~~i'';' ;~..-t .' i- ~,'Ji: C.,J.,:_.~. '~'}I_;;'. -;;..l ,.,.... . jj, ";~"""JI;" ">>,/ .,"", '. ~... ".," ,....t.<.~.~.. "~."j;' ...1.;. 'i~ I. ~ lor,i -"f!J(VI---:",!'i" oJ' J',} ':y".~: ;.j. ''', ,.. " ~ i... "".. f'~""1l~<;;...} ',.' ;.".....';. , C1'~(;:;c.; '. ~:.;:;, .'{>~ .,.,~' <-:;;i. t, , t- ~...... ~ ~ . , ":f ; .. J., k , ~ t '"., ')I:;':tt jt{k.'.li .' .~: ~ ";'/~., : .'. . ;; t..;. '-:4";:1',,, .!. ;"J>'>! ;''''11.t!:,.. '.~' .... ::t ~ ~ '" " i '-~l -~~l ,J "- . , I ,. '.. : I I ll< ".~ Tf.: '.IA' 'J' ~ ~ (~, ... f .1 " ~ " t. ~ ~ ~. i ~~! ~ - --- ..:s-....._ _ ~ "~ - - ~..... -T-P'- . ... f"" \~ f~ r I ta4 l ) , .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 "PI'e'.':;"<i:;:;~<.!;' !Gd o/qr;o ", " ',t- ~.' .0_. ~, f ." .~.. "_i_~,~ - . Mr. Matt Phillippi 500 Third Street Excelsior, MN 55331 5531i::<i'324 04 I./' I" ill"l II",//'" f II., f 111,1'"1',11,,',11.,,111111 ,i 1,1 .~ -.%" , -~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 r v ~ ;; ! 'i Mr. Matthew Phillippi 500 3rd Street Excelsior, MN 55331 FROM 12/31/07 TO 3/31/08 BilLING DATE 4/04/08 DUE DATE 4/30/08 Presorted First Class US. POSTAGE PAID PERMIT NO. 128 111\.11.11111 ill lllllllt 111l',1I. 1111, Ill' ii,' CITY OF SHOREWOOD . .. CODE o RC o ST o SW AMOUNT 5.25 15.12 70.00 PREVIOUS o o o '3.!\;-ES1:t\X-C-~"E~~;\li;( - r------- -"-Ti~Re;IOiJs SAL. r ACCOUNT NUMBER .-- - ---- ------1'--..----.------,---- n' .-- ._________~.---m ....---...---r. _un' I .00 I' .OO! ! .OO! 0-550-21155-0 4/30/08 I " ~ ; I ~~~~~~~~_"~~~"~'~~,--~~~~-;:":'~~9~f~i~i-iJT;~:T~~~~::It:==~,?tl;g~~~~~Wg;.;.~1...3TJ ~_________________L_._______.____._..L_____._______._.__L.________ --------..... 21155 Mnn/E:toNKA BLVD MATTHEW PHILLIPPI 500 3RD ST EXCELSIOR MN 55331 DUE DATE ~f)C.YPOI'I: 4. , '.. LEONARD STREET AND DEINARD i;;?7d 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 612-335-1500 MAIN 612-335-1657 FAX STUARTT. ALGER 612-335-1873 DIRECT STUART.ALGER@LEONARD.COM April 17, 2008 Matthew J. Phillippi 500 Third Street Excelsior, MN 55331 Re: State of Minnesota v. Matthew Phillippi Hennepin County District Court File No. 27-CR-07-129076 Dear Mr. Phillippi: I received your letter dated April 11, 2008. In response to your requests, the following documents are enclosed: 1. Summons and Complaint filed with the Hennepin County District Court; and 2. Complaint, with Warrant attached. As to your other requests, first, in my earlier correspondence to you, I provided a copy of the Summons and Complaint, as well as the investigative report that is the basis for the Complaint. Second, you have already received photographs taken by the City of Shorewood showing the. shipping container on your property in violation of City of Shorewood Ordinances. Third, the Complaint sent in earlier correspondence contained copies of the Ordinances that you have violated. Fourth, if you would like a copy of the docket and transcript from earlier court proceedings in this matter, you may request them from the Hennepin County District Court office at Ridgedale. Finally, the City of Shorewood will agree to exchange its list of witnesses with you at the Pretrial Conference scheduled for April 29, 2008. Please let me know if you agree to exchange a list of witnesses at that time. DEINARD Hondouf -Iv Hayo! if -,J. F/ -0 ~ L~'fol?UdlES IN MINNEAPOLIS. MANKATO . ST. CLOUD. WASHINGTON, D.C. A Professional Association WWW.LEONARD.COM " ..f' . .' ~pr~15-2008 10:41am STATE OF MINNESOTA . ..COUNTY-Of.HENNEPIN ., . . ," ..,.. '. ( STATE OF MIN , . City/i' ,-"SiJorewoo.d.; "1M '55331 '. " State I . . _, . +9525416297 T-870 P.009/010 F-998 From-HennePi.~ C~u.~t~. District Court Ridaedale ...'....,.i~..:; .. .......~..,..,<:._..11 I (A~OI. / ")..907 ~ ". FOURTH JUDICIAL DISTRICT COURT . . . ;, ,,:.", . .' .' .',:I.:~...:..-.::;:. .' '.J:?~'\ .: '-;--:'" .... ,.:.,;. plVISION . -;,,;~., '! f.'..,....... ;;;""':. . ~ " : "', ..- COMPLAINT . ..... .' ....... 'f . !' '. "ZipCode SUMMONS. vs . L......,; .P Jaintiff, JoseF.n .": . ::1"1. ~ '.: .I.,~ll :t_. Matthew Phillipp; first .. '.. middle' .' last. Addre s' 211 55 . Ji1 inn e' fa n k a B 0 u 1 e va rd' . ',', .. - ", . 3/13/ )~5 (. '. r ~ C~L'E~~A~;DAt~ Da te 'of Birth WARRANT . I . ....I : f - ::;:[ T :~. ';" " '. , . '" Calendar'Date' 0(\1 .. ~'.. '. .. ~ :" :.: .~: .... ":". .' r :':; '.' .....':COMPLAINT.. ,.. '.': :. :':':;';:,I.~':::..:.;.',~. "1l_X:M,-,-~.t.e..ls.e.{L.~ ~. '. .:- -;' :' ,'.~:q: . ~i";~G'lJ"~~'Fnmneit.~ . ,'eo'ort 'and 'ta tes'thaf'tlfere'l:~~ab 1";. cau.e .t'O-tr.!I'evo?tnilt- The- DefeiKfant . committe(! the following it!' offense(s). The complainant stat~.:that -the fOllowing facts establish PROBABLE CAUSE;. , ..::::. " . '. '.'" l~ .... ...., t.,;;U" :C o~ ~ lah. n ~ I'~ ~h ~'.: n. n n Ing ,fiif rec to.t (~.Q.irec ~""" ) , for the d.ty <Sf. ....:, : . S h.o r <it/o 0 d (''' .C.ity:' ), (Mt C". Ma tt.ltew ..'P Ii ill f P pi :( "'pefend a.n.t" l~.ow n s t.~" pr.o pe rty : ,.' 1 o'ca 'Oed at .21155 'M! 1n.1:0 nk' ~.!!Jl j OVa rd, ShoreWDojJ, .Hari.n~Jl:ln' Cou n tY:, Mtnnes.o{a::' C" Pro:per ty"" '" Th e., p ro~e~.ty is. situ a ted in ~he ~7lD ;~'i nm-Family "" ..;: Re.sidentiaT/Shoreland z.olling,~distr:ict. '~".' . ':' :::_~ ___ "', ~~"" .,:;; , . . . ..'" . _. .;,.. ,... ''- .'.' . "~"'. ... i::: r n. r.;;. Pan se. t.o ne i ghl>o...Kood c "~P 1 a in ts, 06 ';ay i 7:. 2b~, -;;he 0 i rd:;r;iJt\"": :': in:spe.cted the p~.oPP.r-t" Df~t.h~~~D~fendant.; The .'OJ:r~~ctp''rt observed ...that th'er'~ _.. .'wa.S a metaL ShiPbinq conta;ner.located. on the :'P~oper.:t.Y". {-'the uShippina .: >-.' ,Co:t1ta:iiler:'L lhe Director.. ~hen sent Bu;ld~hg:Jns'~:e~:tor. Joe Pazattdak. : ("j ns pee tor") to photogrH.h. the Propertv on: beha-l f. 01'" t~e Ci tv. On ~ay 17'; r'~ . 2007t' at clD!3roxii11atelY-'4:1~.~o..:.m. ~ .the Inspector_..:p.hotGgraphed the Shipping .Container, 'sa.id ;>hotogr.ap~.s~~r.e attachsd :f:lere~~.~Cl~: ExHibit. A. . : Stora.cre of II sh.ioninq c'ont'a-.fner.. i~ not all o~ied .(S a 'Permi.tted accessory :use and, tnei-efore~ cQn~.tft(;fte-s a violation.of:.se.'~.ti'.QD :i2o.J..l1, Subd. 3 of.,' the S'horewood ZOD; og Code.: ,':- ,. .~, _ '.' ~" .' Driver's License' No. . :..":- ..,~..:.: ~:';:" .... ':': ", '-.7::' T h ~ · b 0 ve' fa e ts eOns t i tute 'Camp hi n.'n t'.. ~. bas is" fo r be 1 iev i.9 tha t 'the ~'bove- named Defendant, on the 17th day of May, 2087, at 211$ Minnetonka Bou1tvard, Shor.wood, f-!i nnesota , in the above-named County. committed the fo 11 ow.! h~_ _. .Q.f fe.ns. es; ~~ -"",,,- }-~ . .~ 0'.' .:~ '"?'- .' ." ;:.",. .' .~....:' .....""____- - ;_. - , ...., ..., . =, - _.j . . "'- : - . .' ..' 'co_n:::t::!,D~~.~,jJ.>.;n~,ex:;t."'Da ~~'7~~.,...--~.:;,i.:<~~~.>:...,. _,: " _:',-"'-~':' . .-......-;;---...-. ,. ;r.....:; ':' . ......, ~.~CA,:.:. '.. . . WHEREFORE, Comp Iaina.t prays that said offender may be arres t"d ";'11: .~eaJt with ,according to' law. ' '. L3t /l/t/:f1t;. .. C 1'1 ~IaU..-/' . Prosecutor's Name <Ie Signature CompJa~ant's,Sr~turef. .. " / "'"'I /1 f ~ . "I . !. IJ r :z Sworh to and subscribed and complamed of before me thls """. Way 0 r '....,. :....1.1.-' \I J I 20~. " ~ I I Section Charge .. , ..' .... ....., . --"..-.i '-....~~-. L'-.i /l..'/'J .~. r:!....', , ,.:.t:.", . " "--"T- :;"':.(.~r ....:.. (' Judge of District Court [C 4382 (Rev 9/02) '.1' ;' WARRANT '" r' , / . ., " , , .:" . '.., 1 "" . ,-',' . -. . . > ....'........ ~". ",.'" . - --~..._._- .7":~~..rFif..;T: 7, ,,:: ~:. ~.~ C.:.... ;::' : .:' :. :":. . , ~ - '.. ....' I ..... 'lJj ~ g Q ~, o - -,....... '...1.'. . . " .. ,........ -....~:. ... .. .... . . ." ~ . " . ,-a' . ~~-: ~:~:.: '::, 'l~~ ~.~\ -::-: "l. ~ . ~"':. :..:-:" , .t,' N ~\,. ~~~ ;;<', ~ /" '\, r-~~.. .~ ~.:V .~~.. ::'- -C..., 0.;~.. ..IC;;;~.z~-:..." , ,'..u ~~~'~".~';~""'" '<j;~' I '-.;: . . -. j . .... O~ ~ (')~, 0-3 g ~<::: ~3'g a g Co ~o- oW'" ::+.,S;:)gc:T ~ -:-" ...... Q . o' C'9~ ~ .:::~. ;::3 --:cb' ,# ~_. o ~~ ~. _ ' ~ ......\'V~ ~ ..... '~3"lE: ~!: : eo (b b:P ::::s ~ 9 CD-:S .\) 3 , . ,I>> . ~ ~"Cl '~ ~'"'...... ..... ~' " ':.~ ~ ~ .;; S'~ '~; ,',: ,.~ 'J iil...... . I ~ 'O:J"" . ~ S'!>> , ..:::.') . r:I.l . "i -0 ocr ~. 0 ~ : ~. !::1 ':SS '.~. go, ,- ~. =;::;. ~" ~. ~. ~:: -~. Ui', ~~.''''W" :-.,' ~ ~~ .... ,'" .. ~ CD , '. ,. .. Co ,_... :'::':~'.~~.}.:,:~.~:3.;.;.,.... . d . WURANT ,".. . ... ....":.,r... ::-,...,~... " .... . _.... . .: 'k - : ~ 1 .; ~. '. ~ !.' .' '.J. j.; '; :",. ,I, .', ..:" , 'f:: I '-t" ..,;.... (i!!~:~': "',' . ~''':J'';' ',.-. ':',: ...,;., .,.,,'.:'.t .;. . ~_....._. . 'L.:.l .. ." .:1 : , , " ~ I. . t, a rn r+ ., tS)~ '"'5"~ <:::> ~ ~ ~-a. ~ C. ~ o '0" . ~: ~.). :m ... h V' 5': '. .,.'. t::I := () > en ~ Z $' . ._~-" - ......r:.._-......:::;-~_:.:-.. .'3 ~. ul v'" ~r ,u..'I . ~ .~ o 1'.1:1' a: sa ;. ~ ~, C,Jj ~ , ftj in; gO ~.4 .- C ~tj : t.j2lI'~ .~ ...:::I t-. .! .~~~ a,1 0 i n 1 gf 1'.1:11 ~ . 3~ ik n ;..] ~.~o, " tJ) 'd -rs- ~::.:' ~ a ",.; ioi ,~~ ~ ,.E' 8, .,' <:: g 8~" '\: "'~' ~ ~ .' ~.'.L.-: TO: The Sheriff or any Peace Officer of Hermepiri County or other person authorized, to execute this Warrant. . .' " .J ,... I'" . 1'':'1'. . ~: ,i> IT IS HEREBY ORDERED, in the name of. the State of Minnesota, that the Defendant named' in :.. ....: '. the("'cOmplafut be apprehended and arrested without delay and brought before the within named .,;;::t~~:: ~::;:~;;;7~ sa: ~:~lct Cour; this J:q +h day of J d li.~ ;'2: 6<6. u_ . " 'fa"!r:to ~rp' b~n. VUN\~Dns '0lJ ud ~e. 00b;rah H-ed tun' \ ~ q ~D <3 d \ V .3 . Judge of District Court _.. .... '':.L .........:: :: .... . . -' .. '.. '. . . NIGHTCAP . ~ . ,'. . ~ . . ~ I. -Yon AN;.~Tt>_h.... .....rnrnAMM tn A",P.!d thp. 'within named defendant on Sunday. ~ holiday or in the night- 866-~ OIO/OlO'd Ol8-1 l6Z9l~9Z96+ 9Iep9!P!~ lJnoJ l~!JlS!a ~lunoJ U!d9UU9H-WOJ~ wel~:Ol 800Z-9l-JdV t' *~r-]5-2008 10:38am From-Hannapin County District Court Ridiadala +9525416297 !~...- vs .' :) trrr~DV \ 5 AM 1\. tt IjEP"':' , ------.- "r .' ,.. -:---DISTRIC. .'~ ',"." t~:)r11N'SiR^ '(Ok C()uid !.U" , I T-870 P,004/010 F-998 J.. 7 u?-'b, I d.. 'i 0 t f,p FOURTH ;JUDICIAL DISTRICT COURi DIVISION ,. STATE OF MINNESOTA COUNTY OF HENNEPIN ST ATE OF MINNESOTA Josepn V Matthew Phillippi first middle last 21155 Minnetonka Boulevard' COMPLAINT SUMMONS WARRANT CALENDAR DA' I-~q-o~ Calendar Date Driver's I.:icense No. COMPLAINT -S r a d N i e 1 s en; Complainant, being duly sworn, makes complaint to the above-named ' Court and states that there is probable cause to believe that the Defendant committed the following offense(s). The complainant states that the following facts establish P R08ABLE CAUSE: Your Complainant is the Planning Director ("Directorll) for the City of Shorewood ("CitylJ). Mr. M~tt'hew Ptlillippi ("Defendant"), owns the property located at 21155 Minnetonka Boulevard, Shorewood, Hennepin County, Minnesota (lIpropertyll). The Property is situated in the R-ID, Single-Family Residential/Shoreland zoning district. In response to neighborhood complaints, on May 17, 2007, the Director inspected the Property of the Defendant. The Oirec'tor, observed that there was a metal shipping container located on the Property (the IIShipping Containerll). The Direct~r then sent BUilding Inspector, Joe Pazandak, ("Inspector'l) to photograph the Property on behalf of the City. On May 17, 2007, at approximately 4:15 p.m., the Inspector photographed the Shipping Container, said Photographs are attached hereto as Exhibit A. Storage of a shipping c~ntainer is not allowed as a permitted accessory use and, therefore, constitutes a violation of Section 1201.11, Subd. 3 of the Shorewood Zoning Code. The above facts constitute Complainant's basis for believing that the above- named Defendant, On the 17th day of May. 2007, at 211$ Minnetonka Boulevard, Shorewood, Minnesota, in the above-named County, committed the following offenses: continued on next page(s) ,WHEREFORE, Complainant prays that said offender may be arrested and dealt with according to law. . - ~~'~M1Ct) Prosecutor s Name &. Signature Complainant' Sworn to and subscribed and complained of before me this i atur ayof~f~ 20QI... .<Q~ '1dge of District Court Section Charge ~,. He 4382 (Rev 9/02) COMPLAINT " APr--15-2008 10:39am From-Hennepin County District Court Ridiedale +9525416297 T-870 P,005!010 F-998 . , (Continued from First Page) OFFENSES COUNT ONE: MAINTENANCE OF NON-PERMITTED ACCESSORY USE (Shorewood City Code: Section 1201.1 I, Subd. 3) Maximum Penalty: 90 days and/or $1,000 Defendant has maintained an accessory use inconsistent with the permitted accessory uses for properties situated in the R-ID, Single-Family Residential/Shoreland zoning district in violation of Shorewood Zoning Ordinance, Shorewood City Code: Section 1201.1I Subd.3. COUNT TWO; VIOLATION OF BUILDING CONSTRUCTION REQUIREMENTS (Shorewood City Code: Section 1201.03, Subd. 7.b.(I)) Maximum Penalty: 90 days andlor $1,000 Defendant has violated the building construction requirements by maintaining a detached accessory structure in excess of 150 square feet in floor area, constructed with materials incompatible with the general character of the principal structure on the lot, and said accessory structure is in excess of 120 square feet in floor area, constructed out of sh~et, conugated steel or aluminum, in violation of Shorewood City Code: Section 1201.03, Subd.7.b.(1). 4119152.2 A~r-J5-2008 10:39am From-Hennepin County District Court Ridiedale +9525416297 T-870 P,OD6/0l0 F-998 Being duly authorized to prosecute the offense charged, I, Timothy J. Keane, do solemnly swe1ir that I have read the above Complaint, that I know the contents thereof and beHeve thaI the facts stated therein to be true. CITY ATTORNEY FOR THE CITY OF SHORE WOOD _8um. ~ r ('Ylw cltn1 ~ Erica L. Miscbnick Minnesota Bar # Pending Timothy 1. Keane Minnesota Bar # 165323 Leonard, Street and Deinard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 Telephone: (612)-335-1500 4/ J9151..2 -) I I I ~pr:15-2008 10:39am From-Hennepin County District Court Ridiedale +9525416297 T-870 . , OA'tE CITY Of SHOREWOOD CALlED.IN .$'''1.-07 INSPECTION NOTICE SCHEOUI.EO PERMIT NO. COMF>LETEO S, 17, D7 _ 4. :/~- ADDRESS ~//55 n1.lltfid~ Bllle/. OWNER/CONTR. TEl. NO. D SITE INSPECTION o FOOTING D FRAMING o PLUMBING_ :;.: 0 MECHANICAL t-.. ~ b INSULATION I.l.. ~ CI WALL. BD ~ CJ ROOFING ~ COMMENTS: c: -.I ~ :t: .... ~ o :f) x: .IJ :l.. z: ~ :) ~ TIME OCCUPANT USE D SIDING D B'UII.DING ANAL o GAS LINE AIR TEST D PROGRESS o DEMOLITION o FIRE PREvENTION o DRAINAGE PlANE [J DRAIN TILE o exCAVlGRADING/RLlING o REINSPEcnON .!aCOMPLAINT o FIREPLACE o FOUNDATION D ESCROW o [J / ~""qe ..shret1-e.... Ctnt..h.; A.e./' /A hAi!c. 'j&re:l X I !I&t.r I' t: :) L., IJ c: l: ') . J *PER MANUFAC"fURER'S INSTALLATION INSTRucnONS. FURTHER CORRECTIONS MAY BE REOUIRE!D DWORK SATISFACTORY: PROCEED VpHOTO TA.KEN o CORRECT WORK & PROCEED ?- r OCORRECT WOAK. CAI..L. FOR REINSPECTlON BEFORE COVERING D COFl~ECT UNSAFE CONOITION WITHIN I-lOUAS. INSPECTOR WILl. RETURN. o STOP OAOE;R POSTED. CALL INSPECTOR. . (J INSPECTION REOlJIRl;O. CAI.t. TO ARRANGE ACCESS. call for the next inspection 24 hours in advance O..ner/Contr. on,'''e ~~ Inspector _ ~ . , Phone 952-474-3236 ---....... EXHrBIT A ,", P,007!010 F-998 .. 'AP r..15-2008 10: 39am From-Hennepin County District Court Ridiedale T-8TO P.OD8/010 F-998 ~ '"