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082790 CC Reg AgP " ;. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 27, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 pm AGENDA 7:00 P.M. - PARK COMMISSIONER INTERVIEW - JOHN CROSS 7:15 P.M. - PARK COMMISSIONER INTERVIEW - STEVEN DZURAK 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Rol.l Call Watten stover Brancel Mayor Haugen Gagne C. Review Agenda 2. APPROVAL OF MINUTES A. Regular City council Meeting - August 13, 1990 (Attachment #2A-Minutes) B. Joint council/park Commission Meeting - AUgust 14, 1990 (Attachment #2B-Minutes) 3. CONSENT AGENDA A. Resolution ordering a Feasibility Study for Public Street, Drainage and Water Improvements on Church Road (Attachment #3A-Resolution) B. Resolution Approving the 1991 Proposed General Fund Budget and the 1990 Preliminary property Tax Levy Collectible in 1991. (Attachment #3B-Resolution) C. Resolution Setting a Public Hearing to Review the proposed 1991 General Fund Budget and 1990 property Tax Levy Collectible in 1991, for November 27, 1990 at 7:30 p.m. (Attachment #3C-Resolution) CITY OF SHOREWOOD COUNCIL AGENDA MONDAY, AUGUST 27, 1990...Page two D. Resolution Approving the Solid Waste Management Agreement with Hennepin county for 1991 and authorizing the Mayor and City Administrator/Clerk to execute it. (Attachment #3D-Ltr frm Henn. county) E. Resolution ordering the Installation of stop signs on Mayflower Road. (Attachment#3E-planner's Memo; Resolution) F. Resolution ordering a Public Hearing to Consider an Ordinance Establishing a special Taxing District for Surface Water Drainage Improvements in the Glen Road Sub- Watershed District for September 24,1990 at 8:00 P.M. (Attachment #3F-ReSolution) G. Resolution Approving the Final 1990 M.S.A. Street Designation. (Attachment #3G-Engineer's Memo and Resolution) H. Resolution Approving connection to Amesburywater System (Attachment #3H-Engineer Memo) 4. COMMISSION REPORTS A. Planning Commission B. Park Commission 5. RESOLUTION APPROVING PLANS & SPECIFICATIONS. AND CALLING FOR BIDS ON FREEMAN PARK IRRIGATION PLANS (Attachment #5-Resolution) '.~' ~-. -c-::;s....,.,..,...-c:-.-,....:;:-:;;cr "-~~..~ '"::,,.:': "':;.,.......",.._-~,O~..c.. ":':;_"'_. -. .. ... , .,' " . CITY OF SHOREWOOD COUNCIL AGENDA MONDAY, AUGUST 27, 1990...Page three 6. SETBACK VARIANCE Location: Applicant: 4225 Enchanted Lane Chester Yanik (Refer to packet 8/15/90) 7. SETBACK VARIANCE Location: Applicant: 5725 Merry Lane W. Robert Anderson (Attachment #7-planner' s Memo) 8. SETBACK VARIANCE Location: Applicant: 5755 Merry Lane Rochford Walder (Attachment #8-Planner' s Memo) 9. RESOLUTION APPROVING A SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE Location: Applicant: 27095 Edgewood Road Phyllis Lovrein (Attachment #8-Resolution and Development Agreement) 10. REVISED DEVELOPMENT STAGE PLAN-WATERFORD 3RD PHASE Location: Applicant: T.H. 7, west of vine Hill Road Sherman Boosalis (Attachment #10-Planner's Memo) 11. RESOLUTION FOR GRANTING AN AMENDED CONDITIONAL USE PERMIT TO THE CITY OF SHOREWOOD FOR THE PUBLIC WORKS SITE: AND STATUS OF LAND PURCHASE (Attachment #11-Resolution) CITY OF SHOREWOOD COUNCIL AGENDA MONDAY, AUGUST 27, 1990...Page 4 12. RESOLUTION APPROVING MN/DOT PLANS AND SPECIFICATIONS FOR INTERSECTION OF VINE HILL ROAD & TRUNK HIGHWAY 7 (Attachment #12-Engineer' letter and Resolution) 13. RENEWAL OF LEASE WITH RYAN CONSTRUCTION COMPANY FOR LIOUOR STORE #2 (Attacbl11ent #13- 14. ORDINANCE AMENDING CHAPTER 501 OF THE SHOREWOOD CITY CODE RELATING TO GENERAL HEALTH AND SAFETY - NONOPERATIVE BOATS (Attacbl11ent #14-0rdinance) 15. ORDINANCE AMENDING CHAPTER 302 OF THE SHOREWOOD CITY CODE PROVIDING FOR SALE OF CIGARETTES : (Attacbl11ent #ls-0rdinance and Statute) 16. CONSIDER APPOINTMENT TO FILL ANGELA WEATHERLY'S POSITION- TERM TO RUN THROUGH 12/31/92 17. MATTERS FROM THE FLOOR A. B. 18. STAFF REPORTS A. city Enqineer 1. Sewer Inspection, 1990 - Visu-sewer 2. Cellular One update 3. B. Planner's ReDort 1. 2. CITY OF SHOREWOOD COUNCIL AGENDA MONDAY, AUGUST 27,1990...Page five C. Attorney's ReDort 1. Exemption of non-commercial signs during elections 2. D. Administrator's Report 1. Plans and specification for salt-sand building 2. Milfoil Inspection - Christmas Lake 3. Advisory committee for Elderly Housing Study 4. Quotes for new Water Meter system s. Results of fuel tank inspection 6. 1990 Pay Plan and step increases 19. COUNCIL REPORTS: A. Mayor Haugen B. Councilmembers 20. ADJOURNMENT SUBJECT TO PAYMENT OF THE CLAIMS APPROVED (Attachment #20-Claims List) M I NUT E S '!Of , - CITY OF SHOREWOOD ~~~w'~"" ............ 'COU.L CHAMBERS REGULAR COUNCIL MEE~'~"'~ ..'-w", .. ~ '"575 OUNTRY CLUB ROAD MINUTES, AUGUST 13, 1990 PAGE 1 CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, and Brancel. City Administrator Whittaker, City Planner Nielsen, City Attorney Froberg, Mr. Bob Frigaard, Engineer from Orr-Schelen-Mayeron & Associates Inc. Absent: Councilmember Watten. AGENDA REVIEW Brancel moved, Stover seconded, to approve the Agenda with the following changes: 1. Councilmember Stover asked item B of the Consent Agenda be deleted so there could be more discussion. 2. Attorney Froberg said item D on the Consent Agenda should read "Resolution Approving Election Judges". 3. Items 11 and 18 are postponed. Motion carried - 4/0. ANDERSON VARIANCE Mayor Haugen asked if W. Robert Anderson, Chester Yanik or his representative, or Rockford Waldin were in the room. She reminded them that for a variance to be approved they need a 4/5 vote by the Council. Since only four members of Council were in attendance, perhaps they would like to table their requests for Variance until the full Council was present. Mr. W. Robert Anderson asked that his request for setback variance be tabled. None of the other people had arrived. Stover moved, Gagne seconded, to table the setback variance for Mr. W. Robert Anderson until the next City Council meeting on Aug. 27th. Motion carried - 4/0. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the Minutes of the City Council Meeting of July 23, 1990 with the following amendments: 1. elf} . CITY OF SHOREWOOD ... REGULAR COUNCIL MEET~ MINUTES. AUGUST 13, 1990 colA L CHAMBERS 575~COUNTRY CLUB ROAD PAGE 2 1. Pg. 12 - the title of the book is "Know Your Own Conununity" 2. Pg. 7 - under Liquor Control, second line. "The new State Statute "permits" not "calls for" increased hours". 3. The change in PERA will be discussed tonight. 4. Pg. 3 top of page. It should be an 8" pipe not 24". Motion carried - 4/0. CONSENT AGENDA RESOLUTION NO. 67-90 A. Adopting RESOLUTION NO. 67-90. "A Resolution Authorizing the Mayor and City Administrator to Execute Subagreement, Contract Number A05780, CDBG Grant for Rehabilitation of Private Housing and the South Shore Senior Center Operations." B. Removed C. Approving of a Street Light for Peach Circle. RESOLUTION NO. 68-90 D. Adopting RESOLUTION NO. 68-90, "A Resolution Approving Election Judges." RESOLUTION NO. 69-90 E. Adopting RESOLUTION NO. 69-90, "A Resolution Approving a Waste Hauler's License for Quality Waste Control." RESOLUTION NO. 70-90 F. Adopting RESOLUTION NO. 70-90, "A Resolution Setting the Date for, Hearing on Assessment of Delinquent Water and Sewer Bills, Property Clean-ups, and Water connection for September 10, 1990 at 8:00 P.M." RESOLUTION NO. 71-90 G. Adopting RESOLUTION NO. 71-90, "A Resolution Establishing the Polling Place for Precinct 4 at Shorewood City Hall." Gagne moved. Brancel seconded to approve the Consent Agenda. Motion carried - 4/0. ITEM 3-B FROM CONSENT AGENDA: EXECUTION OF LEASE FOR LIQUOR STORE Stover said the actual amount of the current lease payment was $1922.58 , there is a separate amount for the lease of the cooler. She said the new lease price of $2115.00 should not include a separate payment for the cooler. Stover said the lease was first negotiated in 1984 and had been renegotiated twice. She wanted Attorney Froberg to make sure all the current covenants are in the new agreement. Haugen asked if she wanted to table this item. Gagne moved, Stover seconded, to table the lease agreement until the August 27th City Council meeting. Motion carried - 4/0. " "'- . CITY OF SHOREWOOD ... REGULAR COUNCIL MEET~ MINUTES. AUGUST 13. 1990 CO~L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 3 Gagne inquired about a polling place on Enchanted Island. Haugen said there was no polling place for the primary but Robert Rascop had offered his house for the General Election. PARK COMMISSION Mr. Jim Andrus from the Park Commission reported on their last meeting. They talked about screening the tennis courts at Silverwood Park and talked about the trails in Silverwood. They adopted the Silverwood Plan without the tennis court buffering. The Park Capital Plan would be ready for the August 14th joint Park Commission/City Council meeting. The old BMX track at Freeman Park is gone. The Tonka Men's club is planning to build a Little League Field at this site. The Park Commission felt that a grading plan was needed. The Park Commission recomm~nds the City Council authorize Mark Koegler to prepare a plan to stake and grade the Little League site at a cost not to exceed $1400.00. Councilmember Gagne felt the City should get a letter from the Tonka Men's club concerning there participation in this project. SILVERWOOD MASTER PLAN Gagne moved. Brancel seconded, to approve the Master Plan for Silverwood Park. Motion carried - 4/0. Stover asked if the residents were satisfied with the plan. Andrus said it was a compromise between the various interests. LITTLE LEAGUE FIELD Gagne moved, Brancel seconded. to contract with Van Doren. Hazard. Stallings to prepare a grading plan and stake the Little League in Freeman Park at a cost not to exceed $1400. Motion carried - 4/0. YANIK VARIANCE Mr. David Busch, representing Mr. Chester Yanik. asked that Mr. Yanik's request for a setback variance be tabled until the August 27th City Council meeting. Gagne moved, Stover seconded. to table the request by Chester Yanik for a setback variance until the August 27th City Council Meeting. Motion carried - 4/0. PLANNING COMMISSION Items were tabled. , . . , CITY OF SHOREWOOD . REGULAR COUNCIL MEET~ MINUTES. AUGUST 13. 1990 coLA: L CHAMBERS 575~COUNTRY CLUB ROAD PAGE 4 SIMPLE SUBDIVISION LOCATION: 5860 AND 5870/5880 HILLENDALE ROAD APPL I CANT: KENNETH KOEHNEN RESOLUTION NO. 72-90 Stover said the Planning Commission recommended approval of this subdivision. Brancel moved. Gagne seconded. to adopt RESOLUTION NO. 72-90 " A Resolution approving a Simple Subdivision/Combination for Kenneth Koehnen." Motion carried - 4/0 on a roll call vote. PUBLIC HEARING ON AN AMENDMENT TO THE ORDINANCE NO. 228 SHOREWOOD CITY CODE TO PERMIT ON-SALE LIQUOR SALES ON SUNDAY FROM 10:00 A.M TO MONDAY AT 1:00 A.M. Haugen opened the Public Hearing at 8:00 P.M. Mr. Bo Witrack from the Minnetonka Country Club was in the audience. Haugen asked if there were any comments from the audience. Stover asked how many places would be affected by the Amendment and do they have to apply for new licenses. Froberg stated that the Minnetonka Country Club and the American Legion were the only places affected. Since they already have Sunday liquor licenses. they would not need a new license. Froberg said the City is responsible for enforcement of this law and the Clean Air Act that is part of it. Haugen asked if there were any further questions or comments from the audience twice more. Haugen called the Public Hearing to a close at 8:08 P.M. Gagne moved. Stover seconded. to adopt ORDINANCE NO. 228. "An Ordinance Amending Chapter 403 of the Shorewood City Code relating to Intoxicating Liquor". Motion carried - 4/0 on a roll call vote. PRELIMINARY PLAT - SHOREWOOD SUBURBAN ESTATES RESOLUTION NO. 73-90 RESOLUTION NO. 74-90 LOCATION: WEST SIDE OF STRAWBERRY LANE APPLICANT: NORTH SUBURBAN DEVELOPMENT CO. Mr. Steve Johnston of Merril Associates and Mr. Jack Menkveld of North Suburban Development were in the audience. Their request for approval had been tabled at the July 23 Council Meeting so the City Engineer could review: 1. The watermain extension cost estimate. 2. Drainage control East of Strawberry Lane. 4 CITY OF SHOREWOOD I REGULAR COUNCIL MEETI MINUTES. AUGUST 13. 1990 COuaL CHAMBERS 575~OUNTRY CLUB ROAD PAGE 5 City Engineer Norton estimated the cost to run water at $82.800.00. Mr. Johnston said this price was prohibitive for a project of this size. The revised drainage plan. as explained by Mr. Johnston, would reduce the water runoff to the West by 50%. Two ponds would be installed on the East side and the water flow would be regulated by a pipe. Haugen asked if there were any questions by the Council. City Engineer or Planner. Planner Nielsen said there was some question about the ponds; whether the City would have an easement or they would be platted as outlots. He recommended that the ponds be protected by easements with deed restrictions prohibiting fences around the ponds. Haugen asked the depth of the ponds. Johnston said five feet. She also asked who would be buying these lots. Menkveld said they would not likely be bought by first time buyers because the price range would be too high but the buyers would probably have children. The ponds would have a gradual grade and should not present a hazard. Haugen asked if there were any questions from the audience. Mr. Bob Frigaard, Engineer from Orr-Sche I en-Mayeron , indicated that a 5/1 slope is acceptable for a pond. He also indicated that North Suburban had changed the drainage to the West so that the runoff was now acceptable. Stover asked if the City had all the necessary easements. Froberg and Nielsen said they did. Frigaard said no easements were necessary over the natural drainage areas. Gagne reiterated his interest in City water and storm drainage problems and still wanted to pursue requiring developers to attach to existing City water systems. Stover asked if a development agreement could have house construction requirements. Nielsen said there would be no building permit issued without the plan including a drain tile. Any plan proposing a full basement in this area would require soil testing and a recommendation by a soils engineer. Haugen said she was worried about a first time buyer who would be unaware of the problem. Froberg said that the Shorewood Oaks Development had drain tiles throughout the project and this could be required of North Suburban. However, the developer does not always have the same contractor for every house. Minimum standards could be set up through covenants. Haugen said the Council would like some covenants. Nielsen recommended that the problems be addressed through the building permit process. Brancel moved. Gagne seconded to adopt RESOLUTION NO. 73-90 "A Resolution approving the Preliminary Plat for Shorewood Suburban Estates II . Motion carried - 4/0 5 CITY OF SHOREWOOD I REGULAR COUNCIL MEETI MINUTES, AUGUST 13, 1990 cot.8 L CHAMBERS 575~COUNTRY CLUB ROAD PAGE 6 Gagne moved, Stover seconded to adopt RESOLUTION NO. 74-90 "A Resolution requesting permission to tap into MWCC sewer lines on Strawberry Lane in the City of Shorewood". Motion carried - 4/0. WALDIN VARIANCE Haugen asked Mr. Rockford Waldin if he wished to table his request for a variance. Mr. Waldin asked that his request be tabled. Stover moved, Gagne seconded, to table the variance request of Mr. Rockford Waldin until the August 27th City Council meeting. Motion carried - 4/0. PRELIMINARY PLAT - BOWMAN ADDITION RESOLUTION NO: 75-90 LOCATION: 20025 MANOR ROAD APPLICANT: RICHARD BOWMAN Mr. George Stickney represented Mr. Bowman. He stated he had talked to both the Cities of Deephaven and Shorewood and all issues had been resolved~ Stover said the Planning Commission recommended approval of the Plat. Haugen asked Nielsen if he was satisfied that all the issues were resolved. He indicated he was and would recommend approval of the Preliminary Plat. Stover moved', Brance I second to adopt RESOLUTION NO. 75-90 "A Resolution approving the revised Preliminary Plat for the Bowman Addi t ion" . Motion carried - 4/0 on a roll call vote. TEMPORAijY WAIVER OF PARKING RESTRICTIONS ON CHRISTMAS LAKE ROAD Mrs. Diane Bruce presented her request for waiver of parking restrictions. She said she would only need parking on the West side of the street from 1-8 P.M.. M-F and 1-6 P.M.. Sat and Sun. from Sept. 9-Sept. 23. 1990. There was a letter from Michael Pierro objecting to this. Brancel asked if there could be parking across the street by Christmas Lake. Bruce said the shoulder dropped off to the Lake. Froberg said the "no-parking" signs would have to be covered. Whittaker said this was the applicants job. The police will patrol the area. Gagne felt this was a reasonable request. Gagne moved. Brancel seconded. to approve the lifting of parking restrictions on Christmas Lake Road to allow parking on the West side from Sept. 9-23. 1990 from 1-8 P.M.. on weekdays and 1-6 P.M., on weekends. Motion carried - 4/0. 6 CITY OF SHOREWOOD . REGULAR COUNCIL MEET MINUTES. AUGUST 13. 1990 colA L CHAMBERS 57~COUNTRY CLUB ROAD PAGE 7 A. EXERCISING OPTION FOR PUBLIC WORKS SITE Froberg said the title to the Cross property is in the process of being cleared. Must be cleared before closing. Gagne moved. Stover seconded. to authorize the City Administrator and the Mayor to exercise the Option to purchase the Cross property. providing the title has been satisfactorily cleared. Motion carried - 4/0. B. C.U.P for the Public Works site. Haugen said she was still talking to Mr. Bishop; but, he has not decided on an appraiser. She asked Froberg how to handle the C.U.P. Froberg said they were not voting on the C.U.P. tonight. because of the latest revisions just asking the Attorney to prepare findings of fact on the revised plan. Stover asked if the Planning Corrunission should see the revised plan. Nielsen has referred the revised plan to them. Froberg said they could approve the plan they have now and the revised plan. Gagne moved. Brancel seconded. to have the City Attorney prepare Findings of Fact granting a C.U.P. for the revised plan for the Public Works site. Motion carri'ed - 4/0. C. ACQUISITION OF ADDITIONAL PROPERTY Gagne suggested they table the idea of a further acquisitions. Whittaker felt if they were in danger of losing alternatives they could come back with a proposal for additional land acquisition. CONSIDER PETITION FOR PUBLIC IMPROVEMENTS - CHURCH ROAD Whittaker said he tried to contact Mr. Vegsund. They need two more people to sign the petition for this to qualify for 51% of the people with frontage on the road. They need people with 100 more feet on the road. Mr. Vegsund asked that the petition be tabled. Gagne moved. Brancel seconded. to request the Church Rd. petition be tabled until the petition is sufficient. Motion carried - 4/0. ADOPTION OF STATE BUILDING CODE ORDINANCE NO. 229 Haugen asked Nielsen if the Building Code had already been adopted. He stated that the State adopts a new code every three to four years. The last time Shorewood adopted the State Building Code was in 1986. Nielsen said there are mandatory sections and optional sections. -r I CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MINUTES. AUGUST 13. 1990 COU.L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Nielsen recommended the Council adopt the optional sprinkler standard under a separate Ordinance because there is no City water available in some sections of the City. If water is available they should be required to sprinkle. Gagne said he was totally against not mandating sprinkling. Haugen was of the same opinion but wanted to use the common-sense approach. Nielsen said the Excelsior Covenant Church was in the process of building an addition and had not planned for a sprinkler system. The inclusion of one would require an additional $80,000.00. If the City adopted the optional Sprinkler Code, the Church would have to sprinkle the new addition and the old building. If they do not adopt it, they will not have to. Nielsen said he wanted to make it clear he was in favor of sprinkling where the City provides municipal water. Mr. Vol ling of the Excelsior Covenant Church expressed the Church's opinion that to add a sprinkling system would be very expensive without City water. Councilmember Brancel said she agrees with Gagne about the sprinkling system. Stover asked what would happen when the water is available. Nielsen said the Church would not be required to connect but they have a C.U.P. and this co~ld possibly be changed by the Council. He suggested the City Attorney explore this. BREAK FROM 9:30 TO 9:40. Mr. Jay Anderson, the General Contractor for the Church, spoke to the Council. He said he had been retained in 1989 to do a feasibility study for the Church addition. He met with Nielsen and Joe Pazandak to go over the building regulations in the City. At that time he was told there was no sprinkling requirement adopted by the City. When he applied for a C.U.P. and building permit he was told a sprinkling system would be required. He said the Church raised funds based on the facts provided. Nielsen said they were misinformed about the sprinkling requirement. He said that the City cannot grant variances to the Building Code, but does have the option of adopting the requirements or not. Haugen said the sprinkling Ordinance was in place four years ago. Froberg said, if the City required the Church to sprinkle, they should have notified them first. Nielsen recommended adopting the State Building Code as presented with the following revisions; Line 16. delete Chapter 1 and 38 and change 16 to 26. Delete Line 17. Stover moved. Gagne seconded. to adopt ORDINANCE NO. 229. "An Ordinance amending Chapter 1001 of the Shorewood City Building Code." which adopts the revised State Building Code with the following: line 16. Chapter "1" and "38/1 deleted. Division 16 should read "26". Line Number 17 should be deleted. Motion carried - 4/0 on a roll call vote. 8 CITY OF SHOREWOOD ~ REGULAR COUNCIL MEETING MINUTES. AUGUST 13. 1990 cOtA L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 9 SHADY HILLS DRAINAGE RESOLUTION NO. 76-90 Haugen reminded the Council that they had passed a storm drainage assessment policy. Whittaker said a Special Taxing District to pay for drainage improvements is established by Ordinance and provides for an Ad Valorem Tax. which is tax deductible. to finance drainage projects. Stover asked if this was an assessment. Whittaker said it is a mill rate on the value of the property. The State has established these Special Taxing Districts because it is very hard to prove "benefit" for drainage improvements. Stover thought the Council did not completely understand this when they passed it. Whittaker said the City Engineer would establish the boundaries of the district. A hearing must be held on the District Ordinance before the project starts. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 76-90. "A Resolution ordering a Public Hearing on the Ordinance establishing a Special Taxing District for the Shady Hills Drainage District." Motion carried - 4/0. Rev. Almquist thanked the City staff and City Council for their help. He said that in a meeting with Mr. Whittaker. he had agreed to build a berm on his property. If the City establishes a Sub Watershed Dist. he would like the berm to be included in this project. Frigaards sajd this would not change the cost of the project very much. MPCA REQUEST FOR FUEL TANK INSPECTION The Minnesota Pollution Control Agency has asked the City to inspect their gas tanks for possible leakage. Whittaker said the City complied with the Law and had the largest tank inspected last year. Public Works Director Dradzil said it would cost $600 to $1000 to inspect the large tank. It is no longer used. Gagne felt they should pull the tanks and get out of the fuel business. Dradzil recommended keeping the diesel tank. he feels it is not losing fuel. Haugen asked the cost to remove the tanks. There are three. Dradzil said the City could remove them but getting rid of them would be hard especially if they were leaking fuel. The small tanks would be tested one week from Aug. 14th. and Dradzil would find out about testing the large tank. Haugen asked Whittaker to find out the cost for removing both tanks. 9 CITY OF SHOREWOOD ~ REGULAR COUNCIL MEETING MINUTES. AUGUST 13. 1990 cotA L CHAMBERS 575~COUNTRY CLUB ROAD PAGE 10 RESOLUTION APPROVING A VARIANCE FOR TWO DWELLINGS ON ONE LOT. LOCATION: 24220 SMITHTOWN ROAD APPLICANT: DON MESSENGER RESOLUTION NO. 77-90 Stover moved. Brancel seconded. to adopt RESOLUTION NO. 77-90. "A Resolution granting approval for a variance for two dwellings on one lot for Mr. Don Messenger". Motion carried - 4/0 on a roll call vote. MATTERS FROM THE FLOOR LMCD Mr. Bob Rascop. the City's LMCD representative, reported to the Council. The fish in Lake Virginia have frozen-out because of the low lake levels in recent years. There is a culvert between Virginia and Lake Minnetonka. The res'idents have petitioned to put up a weir to keep the level of Lake Virginia higher than Lake Minnetonka. Whittaker felt there was a weir there at one time but it had given way. Rascop felt they had two options: 1. Install a culvert at a lower elevation to allow fish from M~nnetonka to restock Virginia. 2. Put in a weir to keep the water level on Lake Virginia higher than Lake Minnetonka. Haugen felt a weir would be more appropriate because milfoil weed could spread from Minnetonka to Virginia. Rascop said the DNR access at Virginia might come out. Haugen asked Rascop if the cutting of Milfoil Weed actually spread the weed. He said the weed spreads itself by autofragmenting once a year and the private milfoil harvesters cut the weed and let it float away. There is no licensing procedure for private harvesters. The LMCD boats collect the weed and off-load at various points around the Lake so fragments are taken out of the Lake. There have been complaints that Shorewood was not providing a drop off point. Rascop said Howard's Point Marina was suppose to be one area but the ramp was too narrow. Rascop said there was an area on Enchanted Island. Whittaker said Howard's Point Marina had agreed to allow a drop-off site last week. STAFF REPORTS ATTORNEY REVOCATION OF C.U.P FOR RAPID OIL CHANGE Froberg sent a letter to Valvoline Instant Oil Change regarding Rapid Oil Change on HwY 7. concerning revocation of their C.U.P. because they have not removed the Naegele sign. Froberg asked that the 10 CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MINUTES. AUGUST 13. 1990 COUAL CHAMBERS 575~OUNTRY CLUB ROAD PAGE 11 Council table the request until Sept. 10, 1990, because a response has been received stating that Valvoline intended to comply. Gagne moved. Stover seconded. to table the request to revoke the C.U.P. for Rapid Oil Change until the Sept. 10th meeting. Motion carried - 4/0. CODE AMENDMENTS TO ELIMINATE TREE TRIMMER AND CIGARETTE LICENSES. LICENSING CIGARETTE SALES The purpose for licensing is to exercise control. Since the City exercises little control there is no need for cigarette licenses. The State Statute provides detailed requirements for sales from cigarette vending machines. Froberg will prepare a resolution to adopt the State Code. LICENSING TREE TRIMMERS Whittaker said they ~eed to make a decision about licensing tree trimmers. Haugen wants them licensed. Some tree trimmers drop trimmings on public land. The Council agreed. ENGINEERS REPORT NONE PLANNING DIRECTOR'S REPORT UPDATE ON APPEALS A. MICHAEL O'BRIEN - most of the debris has been removed. There is one brush pile left and the old boat. Nielsen asked Froberg to prepare a formal complaint on O'Brien to remove the boat. The Public Works will remove the brush and bill O'Brien. B. JOHN CHAMBERS - He has done a fair job of cleaning up. He still has a backhoe on his property. Froberg will prepare a formal complaint requiring completion. C. VINE HILL ROAD INTERSECTION MnDot - MnDot has stated that the cost of the traffic signals for the new Vine Hill road intersection with HwY 7 will be borne by the City. The cost should be about $2500.00. He does not know when they will request this money; but it will be either 1991 or 1992. Haugen wanted Nielsen to make sure that the maintenance agreement indicated the cost will be shared equally between Deephaven and Shorewood. Nielsen said no motion would be necessary. He just wanted the Council to be aware of the costs. 1 1 CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MINUTES. AUGUST 13. 1990 ADMINISTRATOR'S REPORT coLA L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 12 TEMPORARY HELP: Anne Latter. the Receptionist. had surgery and will be out for 4-6 weeks. Whittaker asked that Ginny Smith be hired as temporary help until Anne returns. Gagne moved. Stover seconded. to approve the hiring of temporary help as receptionist. Motion carried - 4/0. PROPOSAL FOR HOUSING STUDY: The City has received a proposal for an Elderly Housing Study by J. M. Research. Gagne felt this study was needed. Haugen agreed and had given Whittaker ten names for the Task Force. Gagne said Whittaker should contact the Senior Center for their input. Whittaker said the $7500.00 could be taken from the Contingency. Fund and replaced by CDBG Funds. Gagne was concerned that the funds given to the Senior Center would be used. If the City had a co-applicant for the funds. such as Greenwood or Tonka Bay. other county funds might be available for the Study. Brancel. Gagne and Stover were opposed to involving other cities. Gagne moved. Stover seconded to enter into an agreement with J. M. Research & Assoc. for an Elderly Housing Study at a cost not to exceed $7500.00. Motion carried - 4/0. Whittaker and Haugen will meet with Judith Marshik after the August 27th meeting to organize the Advisory Committee and co-ordinate the Study. REQUEST FOR AUGUST MILFOIL INSPECTION: Whittaker said a second inspection for Milfoil would be required on Christmas Lake by the end of August. Bob Rascop said the DNR will inspect at no cost to the City. Haugen asked Whittaker to call the DNR about inspection. Stover moved. Gagne seconded. to hire Lake Restoration to inspect Christmas Lake for Milfoil Weed. if not the DNR would not inspect the Lake at no cost to the City. Motion carried - 4/0. NEW WATER METRIC SYSTEM: Whittaker reported that Munitech recommended a new water meter system which reads the inside meter from a remote and can hook UP to a computer or a telephone line. The Council authorized Whittaker to get quotes on the system. PERA ARREARS: Whittaker said the City Council members can buy back arrears whether or not they had participated in previous years. contrary to earlier memos from PERA. Each Council member was given a report on their eligibility. at the meeting. 12 . CITY OF SHOREWOOD t REGULAR COUNCIL MEETI MINUTES. AUGUST 13. 1990 COt~L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 13 CROP WALK: Gagne moved. Brancel seconded. to allow Church World Services to do a Crop Walk on HWY 19 in Shorewood on Saturday. October 13. 1990. Motion carried - 4/0. Whittaker told Brancel that the total cost for Freeman Park would be available for her inspection soon. COUNCIL REPORTS MAYOR HAUGEN: LEAGUE OF CITIES: Haugen said the League of Cities was having a regional meeting in Stillwater on Sept. 12th and Councilmember Gagne would be attending. Haugen asked Whittaker to make reservations and asked if anyone else cared to go. POLICE BUDGET: Haugen said Shorewood's share of the 1991 Police Budget was $368.102.16. Shorewood's share was actually less than 1990. OFFICIAL DEPOSITORY: RESOLUTION NO. 78-90 Mayor Haugen reported Finance Director Rolek had looked into changing banks for the official depository. One of the item's he mentioned was that Norwest Bank has a larger banking network than FSB of New Germany but that FSB'met all the City's requirements. Gagne moved. Stover seconded to adopt RESOLUTION NO. 78-90 "A Resolution designating First State Bank of New Germany as an official depository for the City of Shorewood.1I Motion carried - 4/0. STOVER Stover had received a letter regarding the Council's position on the Waterford intersection. Allegations were made which the Council members did not care to respond to. GAGNE No reports. BRANCEL Brancel inquired about the Rental Housing Code. Nielsen said they were still taking applications and a Public Hearing is scheduled. 1~ , . . CITY OF SHOREWOOD , REGULAR COUNCIL MEETI MINUTES, AUGUST 13, 1990 COU~ CHAMBERS 5755~UNTRY CLUB ROAD PAGE 14 ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Gagne moved, Brancel seconded, to adjourn the meeting at 11:27 P.M subject to the payment of claims. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since July 24, 1990. LIQUOR $56,749.18 Checks No.4799-4864 TOTAL CHECKS ISSUED Checks No.4865-4926 TOTAL CHECK APPROVAL LIST $145,462.24 PAYROLL REGISTER AUGUST 1, 1990 Checks No.204249/204288 GENERAL $12,978.31 $16,361.16 LIQUOR $3,382.85 TOTAL PAYROLL RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary MAYOR JAN HAUGEN ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER 14 4 CITY OF SHOREWOOD ~ JOINT COUNCIL/PARK COMMISSION MINUTES. AUGUST 14. 1990 CO~L CHAMBERS 575~OUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Chairman Christensen called the meeting to order at 7:00 P.M. ROLL CALL Present: Mayor Haugen. Councilmembers Gagne. Stover. Brancel, City Administrator Whittaker. Public Works Director Zdrazil, Park Commission Chairman Christensen. Commissioners Andrus. Lindstrom. Wilson Laberee. Vogel and Weatherly. Park Planner Koegler and Park Administrative Assistant Niccum. Absent: City Councilmember Watten. APPROVAL OF MINUTES Andrus moved. Lindstrom seconded. to approve the Park Commission Minutes of July 24. 1990. Motion carried - 6/0. COUNCIL/COMMISSION RELATIONSHIPS Park Chairman Christensen felt that the Council Liaison should report the views of the Park Commission to the City Council. They can disagree with these views and contribute their own points of view but should report what they hear at the meeting. Mayor Haugen felt the liaisons should bring to each body any dissenting views also. Park Commissioner Weatherly said this is difficult to do. There should be written guidelines about the role of the liaisons. Haugen felt the Mayor should sit down with each new Councilmember and advise them on their role. Christensen asked the Council to consider drafting a written policy on liaison responsibilities and roles. Haugen said Administrator Whittaker was drafting new By-Laws for the Park Commission and this could be included. Park Commissioner Vogel asked what the City Council wanted from the liaison. Haugen felt the liaison should report what is bothering the Commission beyond what is written in the minutes. Councilmember Gagne felt it should be the majority opinion and Haugen added it could also be the minority opinion if it is vocal. Councilmember Gagne said they should discuss the problems between Councilmember Watten and the Park Commission. Park Commissioner Laberee felt the Council Liaison should help the Commissioners when they address the City Council. It is often difficult to speak in front of the camera. He also felt there should be procedures for the Commission's liaisons to follow. Weatherly felt the Park Commission was not fairly represented. "Vern's opinion. not the Commission's was often presented to the 1 ~ . JOINT COUNCIL/PARK COMMISSION MINUTES. AUGUST 14. 1990 CO~L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 CITY OF SHOREWOOD Council." She felt he was confrontational and often gave the opinion that the Commission's opinion did not matter. Watten also had very different views of the role of the City Engineer. Haugen stated that the Park Commission could not get rid of the City Engineer. She also said Watten had a personal point of view; because of his profession as an architect. Vogel felt the Council Liaison should give the Council's point of view to the Park Commission. Haugen said there should be no interpretation. Councilmember Stover said this was often difficult to do. Christensen felt there were three problems to resolve. 1. The Liaison should go to the meetings and do his job. 2. He felt the Park Commission needed more staff. 3. The Park Commission knows they are an advisory board but needs their role clarified. He said Watten seldom comes to the Park Commission meetings. only been to three or four and often Park Commission feelings expressed in the Minutes. He has are not Haugen said there would not be an addition to the Park Commission staff; but staff roles might be clarified. Park Admin. Asst. Niccum said the procedures cities must follow slow down the process of accomplishing tasks in the City. Weatherly felt the Council should delegate more tasks to the Commission to use them more effectively. Haugen felt the Liaison should not become bonded to the Commission. Gagne disagreed. he felt the Liaison should give the Commission the best possible representation. Stover felt the Liaison should be neutral. Vogel asked how the Liaisons were chosen. Haugen said they were chosen once a year. She usually asked the Councilmembers what they wanted. She thought Watten would benefit from experience on the Park Commission. Park Commissioner Lindstrom said the Liaisons have always come to the meetings. The Liaison should have positive participation. City Administrator Whittaker said they should draw up their ideas and have them placed in the By-Laws. Councilmember Brancel felt the guidelines should state that the Liaison remain neutral. Niccum said the liaison should participate in and not direct the Commission's meetings. Park Commissioner Wilson said he thought Watten felt he was being personally attacked about the Engineering issue and he wasn't. CONTINGENCY FUND Whittaker said all Park expenses must be budgeted and any expenses over $1,000. whether budgeted or not, had to by approved by the City Council. Wilson asked what funds the Public Works department had for Park maintenance. Whittaker said there was not enough identified for the Parks. Wilson asked if the Commission should call Public Works Director Zdrazil for small items. 2 CITY OF SHOREWOOD . JOINT COUNCIL/PARK COMMISSION MINUTES. AUGUST 14. 1990 cote L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 Whittaker said they should call the Administrator for any expenses. Gagne said there was little budget for Park building and maintenance. Haugen said the City is growing and getting better. The City Administrator is experienced and everyone is learning to run the City as a business. Gagne felt there must be a figure for small items for Park maintenance. Whittaker said the Contingency Fund is in the Council's budget and IS available for emergencies in all departments. Christensen asked if they could spend in $1000.00 increments, Whittaker said neither the staff nor the Park Commission could spend money without the Council's approval. Brancel said that in the Budget under "Other" there could be small items for the Park. Whittaker said this would appropriate the overall Contingency Fund. split up. Last year was the first year the City had a Contingency Fund. Stover wondered what would happen if a major expense occurred. Would the Park Commission like to have those designated funds pulled. Whittaker said there, were a lot of individual requests from the Park Commission for expenses. There is a process to be followed. There must be a majority agreement of the Park Commission to request money. Haugen and Gagne felt there should be a system of memos to handle these requests. Christensen and Wilson felt there was no feedback from the City about requests by the Park Commission. Haugen directed Niccum to set up a feedback system. Christensen said Niccum was doing a very good job and had a full work load. Haugen also felt Whittaker was doing a great job in running the City like a business. BREAK 8:40 TO 9:00 COMMISSION BY-LAWS/CITY CLERK Christensen said he was offended by the change in the By-Laws. The change occurred when they were discussing a Park Planner and the timing was poor. Haugen said the Park Commission should look at the By-Laws and recommend any changes they want. Stover said the Planning Commission reviews it's By-Laws periodically. Lindstrom said the advertisement for Park Commissioner stated the person must be from East Shorewood. He felt strongly that there should not be a geographic criteria for selection of Commissioner. This might exclude someone who had a strong interest in the Parks. Niccum said, at the present time, geographic selection is in the By- Laws. Gagne felt there should be a multitude of interests represented, not just areas of the City. CITY OF SHOREWOOD ~ JOINT COUNCIL/PARK COMMISSION MINUTES, AUGUST 14, 1990 covtllL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 1990 BUDGET AND PROJECTS A. BUDGETED EXPENSES. 1 . 2. FOUNTAIN - AERATOR - Part of the irrigation project. In the Public Works Budget. Christensen asked if the proposed expenses were approved. Haugen said she wanted the Park Commission to state priorities. B. PROPOSED EXPENSES 1. PICNIC TABLES - Haugen said this is 10 tables at $280.00 each. Niccum said Concrete tables were too expensive. 2. BADGER WARMING HOUSE - Councilmembers and Commissioners felt this is important to repair because of water damage. 3. RESURFACE TENNIS COURTS AT BADGER - Haugen said the courts are in very poor condition. 4. TRAIL PLAN Christensen felt it is very important to have a trail plan to show how the plans connect in Shorewood and possibly how they connect with other cities. 5. TEMPORARY WARMING HOUSES - The Commissioners wanted to try this. The cost would be $2500.00 for three months. The Council felt these expense could come out of the General Fund. C. CAPITAL PROJECTS 1. IRRIGATION - Project would be bid out and started this year. 2. LITTLE LEAGUE FIELD - Whittaker received a letter from the Tonka Men's Club regarding their commitment to the project. Grading, seeding and fencing will be done in 1990. 3. CATHCART FIELD RELOCATION - Proposed for 1990. 4. SILVERWOOD PARK IMP. - To be discussed under funding. POLICY QUESTIONS Haugen said the Park Commission should take a firm stand regarding contracts for using the Parks. Christensen said this will be enforced. Niccum said that Minnetonka Community Services handles all the scheduling of the fields. Next year Niccum and Zdrazil will attend the meeting of the sports organizations at Minnetonka Community Svs. and hand out contracts. Laberee said the City should talk to Jim Jones. Haugen felt the Park Commission should talk to him. Whittaker said the City should have copies of all schedules. Christensen said the Soccer Association does not listen and does whatever it wants to do. 4 . JOINT COUNCIL/PARK COMMISSION MINUTES. AUGUST 14. 1990 CO~L CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 CITY OF SHOREWOOD Lindstrom asked if the Soccer Association requested to move the fields into the common area. Gagne said Whittaker should talk to Mike Anderson of the Soccer Assoc. Whittaker and Niccum will set up a meeting. MASTER PLANS AND CAPITAL IMPROVEMENTS PROGRAM Whittaker said there was still $100.000.00 in the budget. Haugen was in favor of finally finishing the Parks. The Council will review this when they discuss the budget for Parks. ALTERNATIVE FOR FINANCING Whittaker said there are two plans for financing the Parks. 1. Long term - raise the tax levy. This will not bind future Councils and it would take 10 years to finance all the projects. Will bind future Councils because bond payments must be met and will give the City the money immediately. Park Commissioner Andrus said there are no more inexpensive Park projects to be done. no little affordable pieces. Laberee asked if the referendum would be included in a referendum. Haugen said no, the Public Works building be funded from the General Fund. She said Park Planner done referendums in the past. Gagne felt they should not have a referendum this fall because the School Board was going to have one. 2. Referendum Public Works would probably Koegler had Christensen said the Capital Projects are the main priorities and that this list was three years old. Laberee said the Park dedication fee was low in comparison to other surrounding cities. A $750.00 fee would be more appropriate. Stover felt that. before a referendum was held, they should exhaust all other sources of funding. Whittaker said the increase in tax would be about 6 1/2% for 10 years assuming no new City growth. The City must promote the Parks to get a referendum passed or increase the budget for Capital Projects. Park Planner Koegler felt that the City should take 8-9 months to prepare for the referendum. Parks fare better with a special election and Spring might be a good time. Haugen said she would like to get a recommendation from the Park Commission on which way to go. FREEMAN PARK IRRIGATION PROJECT. FREEMAN PARK MASTER PLAN Haugen said that Plan B showed the soccer field very close to the Softball Fields. Wilson said there was a great need for Soccer fields. ~ ~ .. " CITY OF SHOREWOOD ~ JOINT COUNCIL/PARK COMMISSION MINUTES. AUGUST 14. 1990 COUeL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Lindstrom said that softball and soccer are played simultaneously and the fields would get a lot of use. Laberee moved. Wilson seconded, to recommend Plan B for Freeman Park to the City Council. Motion carried - 6/0. Koegler wanted approval from the Council for plans and specifications because he needed to advertise for bids. The City Council gave their approval. The official vote will be taken at the Aug. 27th meeting. Haugen said the Council appreciates the job the Park Commission IS doing and thanks them. ADJOURNMENT Weatherly moved. Lindstrom seconded to adjourn the meeting. Motion carried - 6/0. RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary 6 . . RESOLUTION NO. A RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT ON CHURCH ROAD IMPROVEMENTS WHEREAS, a petition has been received requesting construction of certain local improvements on Church Road, including the installation of curbs, gutters, a cul-de-sac, drainage facilities, blacktopping, and watermains (C h urch Road Improvements), and to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the said petition for the Church Road Improvements, filed with the Shorewood City Council on August 20, 1990, is hereby declared to be signed by the required percentage of owners of property affected thereby. T his declaration is made in conformity to Minnesota Statutes Section 429.035. 2. That the said petition requesting Church Road Improvements be referred to Orr-Schelen-Mayeron & Associates, City engineers, for study, and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended. 3. T hat this authorization is made with the understanding that the cost of such report to the City of Shorewood shall not exceed the sum of $5,000.00. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator / Clerk Roll Call Vote: Ayes - Haugen, Brancel, Gagne, Stover, Watten Nays - 0 Published in the SAILOR NEWSPAPER on , 19~ #~fJ . . RESOLUTION NO. RESOLUTION APPROVING THE 1991 PROPOSED GENERAL FUND BUDGET AND THE 1990 PRELIMINARY PROPERTY TAX LEVY COLLECTIBLE IN 1991 WHEREAS. staff has presented the proposed General Fund Budget for 1991. and. WHEREAS. the City Council and Financial Advisory Board have met to review the budget. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood that the 1991 proposed General Fund Budget is hereby approved at - a total amount of $2.286.003. A preliminary amount of $1.856.988 will be raised by tax upon the taxable property in the City of Shorewood for the following purposes: General Purposes G.O. Water Revenue Bonds ,.' Total Property Tax Levy $1.840.663 16. 325 $1.856.988 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of August. 1990.. Jan Haugen. Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - :W3B . . RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING TO REVIEW THE PROPOSED 1991 GENERAL FUND BUDGET AND 1990 PROPERTY TAX LEVY COLLECTIBLE IN 1991 WHEREAS. Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies. and to publish notice of said public hearing to achieve truth in taxation, and WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and WHEREAS, the City Council intends to follow such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 1991 General Fund Budget and property tax levy be held on Monday, November 26, 1990, at 8:00 p.m., or as soon thereafter as possible, and be reconvened, if necessary, on Tuesday, November 27, 1990, at 7:30 p.m., at the City Hall, and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker, City Administrator/Clerk Roll Call Vote: Ayes N~s *3L .'At~G - 9 \990 . BUREAU OF PUBLIC SERVICE A- 2309 Government Center Minneapolis, Minnesota 55487-0239 .. HENNEPIN Phone (612) 348-6509 AUgust 8, 1990 Mr. Laurence Whittaker Clerk-Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Whittaker: Two copies. of the Solid Waste Agreement for 1990 between Hennepin County and the City of Shorewood are enclosed. please have both copies signed and return them to me. We will return one of the copies to you once all the signatures have been obtained. please return these signed copies as quickly as possible as we need a contract with all required signatures before I can request the semiannual payment for your city. If you have any questions please call me at 348-6509. Sil~~~ Lois M. Hudlow Recycling program Enclosure ,; t . HENNEPIN COUNTY an equal opportunity employer 30 . . Shorewood Reimbursement Schedule Year Total Solid Waste (Tons) Materials Recovered % Funding Assistance (Of Net Program Costs) 1989 2,146 0-150 151-172 173-193 194-215 216+ Prorated 50% 60% 70% 80% d. Payment to the City will be made as provided by law for payments of claims against the County. 4. LIABILITY, INDEMNIFICATION, AND INSURANCES a. The City agrees to defend, indemnify, and hold the County, its officers, and employees harmless from any liability, claims, damages, costs, judgements, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors or 'omissions of the City, its agents, officers, employees, or contractors in the performance of the services provided by this Agreement; and against all loss by reason of the failure of the parties to fully perform, in any respect, all obligations under this ;Agreement. b. The City shall by separate policy or under its self-insurance program maintain and keep in force at all times during the term of this Agreement or any renewal thereof the following insurance coverage: (1) Single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occurrence. (2) A single limit or combined limit or-excess umbrella automobile liability policy, if applicable, covering owned, non-owned, and hired vehicles used regularly in the provision of services under this Agreement in an amount not less than $600,000 per accident for property damage, $200,000 for death and bodily injuries and/or damages of anyone person, and $600,000 for total bodily injuries and/or damages arising from anyone occurrence. c. contemporaneously with the execution of this Agreement, the City shall furnish the County with certificates of insurance evidencing the above-required coverage. Page 3 . ' . . 5. NON-ASSIGNMENT OF SERVICES The provisions of this Agreement shall not be assigned, sublet, or transferred without the prior written approval of the County. 6 . INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expenses, all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons, while engaged in the performance of any work or services required by the terms of this. Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the County, and any and all claims that mayor might arise under the workers' compensation Act of the state of Minnesota on behalf of said personnel or other persons while so engaged, and 'any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to, any compensation, rights, or benefits of any kind whatsoever from the County including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, unemployment Compensation, disability, severance pay ,and PERA. 7 . COMPLIANCE WITH LAWS The City agrees to comply with all State statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provision in Minnesota Statutes, Chapter 115A, and 473.01 now in force or hereafter enacted. 8 . DATA PRIVACY All data collected, created, received, maintained, or disseminated for . any purposes by the activities of the City in the performance of the provisions of this contract is governed by the Minnesota Government Data practices Act, Minnesota statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. page 4 . - . . 9. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced writing as an Amendment to this Agreement signed by both parties. 10. CANCELLATION This Agreement may be cancelled by either party upon thirty (30) days' written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the city with the activities of the Bureau of Public Works so as to accomplish the purposes of this contract, Carl Michaud, Recycling Coordinator, shall manage this contract on behalf of the County and serve as liaison between the County and the Ci ty . Page 5 . . The city, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on , 19 , and pursuant to such approval and the proper County officials having signed this --- Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, form, and execution. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of Its County Board Assistant County Attorney Date: Date: And: Associate County AdnUnistrator Date: ATTEST: Clerk of the County Board Date: CITY OF By: Its Mayor Date: ATTEST: Title: HCA Form No. 110 Rev. 2/90 page 6 A Residential Community on Lake Minnetonka's South Shore ~e:.. -. . . " MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 23 August 1990 RE: Stop Signs Request - Mayflower Road and Murray Hill Road FILE NO.: 405 (Streets) We have received a request by Mariellen Waldron, a Chanhassen resident, for stop signs to be placed at the intersections of Mayflower Road and Galpin Lake Road, Mayflower Road and Chaska Road, and Murray Hill Road and Chaska Road (see Exhibit A - Request Letter and Exhibit B - Site Location map). The City Engineer and I have reviewed the proposed locations and agree that stop signs would be appropriate at all three intersections. The City Administrator and Public Works Director have also reviewed the request and agree with the approval. As a matter of policy, red flags or warning lights should be placed on the new stop signs for a period of 30 days to draw the signs to the attention of area residents. If you have any questions relative to this matter, please do not hesitate to contact my office. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Rick Young Don Zdrazil Mariellen Waldron ~ ... !! , N L ' yJ J:'\ ~ "') ~ , , : 1 i, ,~~ji, ~~ i i 1 V" I~ ~ :l.1) :;:?, ~ : ~ : -:"-'1 .. :; ~-,:~~: -::- : i \(/ i -i N . : \')\ I I ! 1 V)! ! ._t_____, t , " ! l;} L_~_J : -..J_: :.._ct9.. :~~ : . ~ ! l.i) - : ,~~J ( :\ : \'),'N : i1) Z N ~ i5~ ill ~~ ~ Z''r.;Z ~ <> N '" ! 001 I CQ I OL , , !J, L. ;::: ,:) ~ .. i' (" I J ~ . . . . . . . . \ \ ~ , ,'. . \ \ ......) ~ ~'\. u-' . " \ \.J'. - ,.,. - 1....- . ~ \ "l1' ',;", I \ \ \ II"; : ----------------"" '----...----;-- 2 .. vi ill ,,') -----~..----.I \ m \1 ',( . ,~<) I ~g :~\-:~ 1",0 : {,'ell ~ \ 1--------- ". , ' , ' I _' ; i~~~ ~ ~ ~ ---'- r--.2----i'"' : ........ : i I ~'_ :s;,.~~ :-..' - , ' 1 t~ ~ -. - -- - -- !m~o:z;-:'~ .. ,::,1 . ~) , , , :0;- ~~ :c l ~ ~ ~~ 1;;0 'ill 1'0101 LI ..:.. 1'11' 0: :!: , " ) ...~ :ez ;;l 2; .. ... . \j \1 \j '\!..\ ~ ~ 'i~~~ J "q. q, ..~.:~ 'Ay ~ '009 \ ' ~ ~ ,~) ~I~ I~ \ .... .' .....: ." ..' : i :...~~:::) ~ \. \'"'\ \. ~ ltl $ ..~ ::;2 V> W "" ;;: ,..: <0 N ~ @: .. N Ii! @ RUG 23 '90 15:04 OSM MPLS,MN .. STREET Smithtown Road Old Market Road Covington Road Country Club Road Lake Linden Drive Yellowstone Trail Eureka Road Eureka Road Birch Bluff Road Grant Lorenz Road Howards Pt. Road Edgewood Road * (-) Both ends . ~.S.A. STREET SYST[M tjTY OF SHOREWOOD 1990 FROM County Road 19 Covington Road Old Market Road Smithtown Road Yellowstone Trail Glencoe Road Smithtown Road Smithtown Road Eureka Smithtown Road Smithtown Road Grant Lorenz Road TOTAL HILES P.l -I TO LENGTH City Limits S.T.H. No.7 Vine Hill Road Yellowstone Tr. S. T . H . No . 7 S. T.H. No. 7 Hwy No. 7 Birch Bluff Road Grant Lorenz Road Birch Bluff Road Edgewood Road Howards Pt. Road 2.549 0.551 0.502 0.252 0.284 1.120* 0.621 0.525 0.428 0.576 0.999 0.909 9.320 ..~-..... -. -- .. .., .-.... .......- -. ~6t - . . RESOLUTION NO. A RESOLUTION APPR 0 VING A SIHPLE SUB DIVISION AND LOT WIDTH VARIANCE WHEREAS, Phyllis Lovrien (Applicant) is the owner of certain real property (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and ~iHEREAS, Applicant has applied to the City for a subdivision of the subject property into two parcels, as set out in the Registered Land Survey attached hereto and made a part hereof as Exhibit 2; and WHEREAS, the Applicant and all other parties holding an interest in the said real property have agreed to grant to the City certain drainage and utility easements legally described in the Development Agreement, attached hereto and made a part hereof as Exhibit 3; and WHEREAS, the. subdivision requested by Applicant complies in all respects with the Shore-wood City Code, except that the southerly parcel does not have a minimum width of 120 feet at the 50 foot setback line as required by the Zoning Code for the District in which the property is located, and a variance is therefore required; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at regular meetings held on 7 November 1989, and 21 November 1989, the minutes of which meetings are on file at' City Hall; and WHEREAS, the ,Applicant's representative appeared before the City Council at a regular meeting of the Council held on 4 December 1989, at which time the Planner's memoranda were reviewed and comments were heard by the Council from the Applicant's representative and from the City staff; and WHEREAS, the City Attorney was directed by the City Council to prepare a Resolution setting forth findings and conclusions approving the Applicant's request for a subdivision and lot width variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT (1) That the Subject Property is located in an R-1A, single family residential zoning district, which requires a minimum square footage of 40,000 square feet per lot. #9 e -~ (e (2) That the proposed subdivision contemplates a northerly lot (Tract A) containing 40,000 square feet on which a homestead is presently located, and a southerly lot (Tract B) containing approximately 11. 7 acres which is to be retained for future development. (3) T hat in order to provide for street access to Tract B, it is necessary that Tract B include a strip of land reserved for future street dedication, extending northerly to front on Edgewood Drive. (4) T hat such proposed configuration of Tract B would result in Tract B having a lot width of only 66.31 feet at the front yard setback line of the property whereas the zoning ordinance requires a lot width of 120 feet at the front yard setback line. (5) That Applicant's request is consistent with past City policy permitting homestead parcels to be separated from larger tracts of undeveloped land. (6) T hat the reservation of a strip of land for future dedication as a public street at the time of development of the land is also consistent with City policy. (7) That the division of the Subject Property into two lots as proposed by _ the Applicant and the variance required for such division constitutes a reasonable use for the property. (8) That the variance, if granted, would not violate the intent and purpose of the City Comprehensive Plan and would not alter the essential character of the locality. CONCLUSIONS (1) That due to the unique nature of the Subject Property, the division proposed by the Applicant would appear to be the most appropriate and reasonable manner of dividing the land. (2) That the Registered Land Survey attached hereto as Exhibit 2 subdividing the Subject Property into two parcells, Tract A and Tract B, is hereby approvedand accepted. (3) That the Applicant has satisfied the criteria for the variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.357, Subd. 6(2). (4) T hat based on the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth hereinabove, subject to the following conditions: . e .----. (e (a) That any future division of Tract B be accomplished through formal platting procedures, and that such plat provide for a strip of land for future dedication as a public street, as set forth in Exhibit 4, attached hereto and made a part hereof. (b) T hat any future construction plans for Tract A or Tract B shall treat the said reserved strip of land as a public street for purposes of determining setback requirements. (c) T hat the approval granted herein is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto as Exhibit 3. (d) That Applicant record this Resolution, together with the exhibits attached hereto with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification. (5) That the Mayor and City Administrator/Clerk are hereby authorized to execute the attached Development Agreement on behalf of the City Council. ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk "-.- ~ -.~...._._-----_...- ..-.' _.- ----~.~.~_._----_._--_... Roll Call Vote: A yes - Nays - \. (it That part of the Northwest 1/4 of the Northwest 1/4, Section 32, Township 117, Range 23, described as beginning at a point on the North line of said quarter-quarter 774.5 feet West along said North line from the Northeast corner thereof; thence South parallel to the East line of said quarter-quarter 365 feet; thence East parallel to said North line 120 feet; thence South parallel to said East line 70.6 feet; thence East parallel to said North line 100 feet, more or less, to an intersection with a .line drawn parallel to and 554.5 feet West from the East line of said quarter-quarter, as measured parallel to the South line of said quarter-quarter; thence South parallel to said East line to the South line of said quarter-quarter; thence West along said South line. to an intersection with a line drawn parallel to and 300 feet East, measured at right angles, from the West line of said quarter-quarter; thence North along the last described parallel line. to the North line of saidquarter~quarter; thence East to the point of beginning. EXHJBIT I " '\ REGISTERED LAND SURVE~ NO. --. (e I hereby certify that in accordance with Minnesota statutes of 1949, as amended, described tract of land in the county of wit: the provisions of chapter 508. I 'have surveyed the following Hennepin, State of Minnesota to That part of the Northwest 1/4 of the Northwest 1/4, section J2, Township 117, Range 2J, described as beginning at a point on the North line of said quarter-quarter 774.5 feet West along said North line from the Northeast corner thereof; thence South parallel to the East line of said quarter-quarter J65 feet; thence East parallel to said North line' 120 feet; thence South parallel to said East line 70.6 feet; thence East parallel to said North line 100 feet, more or less, to an intersection with a line drawn parallel to and 554.5 feet West from the East line of said quarter-quarter, as measured parallel to the South line of said quarter-quarter; thence South parallel to said East line to the South line of said quarter-quarter; thence West along said South line to an intersection with a line drawn parallel to and JOO feet East, measured at right angles, from the West line of said quarter-quarter; thence North along the last described parallel line' to the North line of said quarter~quarter; thence East to the point of beginning. This is a correct delineation of the survey. , 1990. Dated this _ day of Samuel G. Parker, Land Surveyor Minnesota License No. 105J5 CITY OF SHOREWOOD, MINNESOTA This Registered Land Survey has been approved and accepted by the City Council of Shorewood at a regular meeting thereof held this day of 1990'. If applicable; the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City, or the prescribed JO day period has elapsed without receipt of such comments and recommendations as provided by Minnesota Statutes section 505.0J, Subd. 2. By: MAYOR By: CLERK PROPERTY TAX AND PUBLIC RECORDS DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 19 and prior years have been paid for land described on this Registered Larur-Survey. Dated this _day of , 1990. DALE G. FOLSTAD, HENNEPIN COUNTY AUDITOR DEPUTY SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to Chapter 810, Minnesota Laws of survey has been approved this ____ day of 1969, this Registered Land , 1990. BERNARD H. LARSON, HENNEPIN COUNTY SURVEYOR By: REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within Registered Land Survey No. was filed in this office this day of , 1990, at ____o'clock .K. R. DAN CARLSON, REGISTRAR OF TITLES By: DEPUTY ADVANCE SURVEYING & ENGINEERING CO. SAMUEL G. PARKER, R.L.S. eX-li/B/T Z SHEET 1 OF '2. SHEETS REGISTERED LAND SURVE'l NO____. '''I<' . ,-,-,.-,-, l """E r.:.. Ce ..~~/., r'.,,'1 P 50 \ 'l':; \..1 r-:- CoO r'=. _ .----. ~ r ~ . r:::- n ':; ~::".^ t.", ,". r:::-h:"--: ~ - - - _ _ ~ '- --. ~ ~I~1'; ~~.. u ';:Th!.~~;'t~:-"-~ cfthe N.','0'. of !~o;, ~J.I~6'~.~f'St.c. n. T.m, R.'U _.._ --" --\1~'Z.0 -r... '''66.~1-' .. 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"-0<> '-5 .... gil'~ .. 0 -0.... ~~~ ~ :i =; :i : .. ;; ~, ... . ~~ " '. ~ c.. ~ <0 ~ oi ~ r: .; .... ~u.i cI'~ '01;; 0 ~. _-<! 3 ui 3 z. :i oJ ., :E :E ~ '5'- -~ ~~ 3 - ... ~~ z. .. I . ., I :E .;,~ ~~ 1; \0- ...- " d"lI' .E; .E ~~ ;~ ti ! ~ ~~ ~ .,: " :E'o ..t: l- E '.- 0" '-C <<;:== "'..t: ~-; ...0 .,(/1 .tel 0'" ",<- .0 ..~ '" ....OJ .,,= c" ,,~ " .eo.. -." ~.. -.. ;: 0.... ~E =.. <'" .J 100 0 IJIIl..... IIJ!... SCAL~ IN FEET Bearings 6hown art. blJ5ed on the Harth lIne af'ihe N. W. Y.. of tM N. W."'.. of Sec. '3'2., T. 111, R. '2.'3 ha~ing a bearinq of EAST. \00 1 o DENOTES IRON MONUMENT SET .~..' R "T:~. :.;. ._ 45" ..... ... '-. ,- A....... ..... -~.-......I I'''' ~..J '"' . .r.... ~'" ' L S &9"0...04....,. I t 1..__).q. ( 'The' south' line of the H. w.~.. of M.YU.. of Sec. ~'2.. T. ,n. R.'l.'3 SHE.E.T '2. OF '2. SHE.ETS . . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and Phyllis m. Lovrien, hereinafter referred to as "Lovrien"; WHEREAS, Lovrien is the owner of certain property described in Exhibit" A"; and WHEREAS, the City has by resolution agreed to allow the above described property to be divided as a simple subdivision by filing of a Registered Land Survey, and in reliance thereon Lovrien has proceeded to effect that simple subdivision. NOW, THEREFORE, in consideration of the foregoing provisions and acceptance by the City of the Registered Land Survey as the simple subdivision, the City and Lovrien agree as follows: 1. That Lovrien has provided a Registered Property Abstract for examination by the City Attorney showing title to the property to be in the name of Phyllis M. Lovrien. 2. That the City agrees to approve the Registered Land Survey heretofore submitted, which divides the subject property into two parcels. 3. That Lovrien shall pay forthwith all required park fees. E~,(I'.f;; t- J . . 4. That on Tract B of the proposed RLS there exists one storage building. Lovrien agrees to remove said building from the property within a period of one year from the date of this Agreement. To assure and guarantee the City that such removal will be accomplished, Lovrien agrees to furnish the City with either a cash deposit or an irrevocable letter of credit approved by the City in the sum of $1,000.00. Said deposit or letter of credit shall remain in effect until such time as the said buildings are removed. If such buildings are not removed from the property within one year from the date hereof, such deposit or letter of credit may be utilized by the City to defray the cost of such removal by the City. 5. Lovrien agrees to provide the City with the necessary drainage and utility easements as described on the attached Quit Claim Deeds marked Exhibit "B" and "C". T he drainage easements shall be executed and filed by Lovrien within 48 hours following filing of the approved Registered Land Survey for the property. Dated: CITY OF SHOREWOOD Phyllis M. Lovrien Jan Haugen, Mayor Laurence E. Whittaker City Administrator/Clerk , \. , e (e EXHIBIT "An That p.:'lrt of the N01.tl,wt~st 1/t! of. the Northwest 1/4, section 32, TownShip 111, Rnnge 23, described as beginning at a point on the North 1 ine 0 f sa icl quar.ter-quarter 774.5 feet West along said North 1 i n0- from the Hor:th8~St. corner ther.eof; thence South parallel to the E<'Ist 1 ine 0 [ Si,j cl qucu-te ("-qua rtcr J 65 feet; thence Eas t pa ra lIe 1 to sa id North line 120 feet; thence South. parallel to said East line 70. 6 feet; thence East purallel to said North line 100 feet, more or less, to an intersection with a line drawn parallel to and 554.5 feet West from the East .line of said quarter-quarter, as measured parallel to the South Ii.no of said qU<lrter.-quarter; thence South parallel to suicl Eas t. 1 i ne t:u r. he ::;out h ,1 i ne 0 f sa id qua rter-quarter; thence \-!es tal one) s.:'licl South line to <In intersection with a line drawn parallel to and JOO feet East, 1IIC!C1sm:ccl <It eight angles, from the Hest line of sClid quarter-quarto ["; t.hcnccl North along the last descr.-ibed parallel line to 'the North 1 i n(~ 0 f sa ,lei qua rtcr-gllarter; thence Eas t to the po i n t 0 L' bcgil1nincj. FOrM No. 28.M-CUIT CLAIM DEED . -individual (s) to Corporation or Partnership Minnesota Uniform Conveyancing Blanks (1978) M,lIer.OaVls Co . M,nnl!::tC)otl$ (e No dl'linquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Cl'rtificate of Real Estate Value No. ,19 '" ) County Auditor by Deputy . STATE DEED T,\X DUE IIEREON: $ Date: .19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Phyllis L. Lovrien, a single person (marital statust . Grantor bt), hereby convey (s) and quitclaim (s) to ---T}IF. C. T'T'Y OF SHORF.WD.on. , Grantee, a MuniciQal Corporat ion under the laws of Mi nn<;o"'.....t'" ~~~~~xxxxxxxxxxxxxxxxxxxxxxxxxxxxx~x~M~~~~~~~~~~: An easement in real property in Hennepin County, Minnesota, described as follows: An easement for drainage and utility purposes over and across an area five feet either side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract A, Registered Land Survey No. files of the Registrar of Titles in and for Hennepin County, Minnesota. (if more space is needed. continue on back) together with all hereditanwnts and appurtenances belonging thereto. \. COUNTY OF --HENNE.I?.IN -- }~. STATE OF MINNESOTA The foregl)ing instrument was acknowledged before me this by day of ,19_, , Grantor (s). !'IOTA KIA L STA~lr Oil SEAl. (OIl OTHEIl TITI.F. Oil RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT TIX Statement. tor the r..lproperty delcribtd 1n this In.Uumen~ .&hould be sent to (Include name .nd addre.. of Grantee): TillS INSTRv~IEI'T \Ii ,\S DIlA~''1'ED BY (N AME AND ADDRESS): EXHIBIT "B" . I"'orm NO. ~ts-M-GUI r c.:LAIM Ut:t:() I nCfJvidual (s) to Coruoration or rannershio Minnf'!,;ota Uniform Con\'eyancln~ Dlanks (1978) ~tll"r.O..w.s Co M.nn~ilgohs (-. ;-':0 delinquent taxP5 and tran5fer e of Real Estate Value ( ) filed ( Certificate of Real Estate Value No. ,19 . ed: Certificate ) not required ""'-. .) County Auditor by Deputy STATE DEED T,\X DUE HEREON: $ Dl:te: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION. Phyllis L. Lovrien a single person hn.&lriraJ status) . Grantor till, hereby convey (5) and quitclaim (s) Lo . THE CITY OF SHOREWOOD, . Grantee. a Municipal Corporation under the laws of Minnesota ~~o~~X~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~n~~~Mn~~~~*n~~o~: An easement in real property in Hennepin County, Minnesota. described as follows: An easement for drainage and utility purposes over and across an area five feet either.side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract. B, Registered Land Survey No. files of the Registrar of Titles in and for Hennepin County, Minnesota. (if lIIore space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. STATF~ OF MINNESOTA } ~. COUNTY OF _---HENNEEIN--.-_ The foregoing instrument was acknowledged before me this by day of ,19_. , Grantor (5). :-;OTARIAL ST.UiP OR SEAl. Wit OTHER TITLE OR RANK) SIGNATURE Of' PERSON TAKING ACKNOWLEDGME:-1T Tax Statements for the rell property described in this instrument should be sent to (Include name and address of Grantee): TillS I:-;STRt;~IE~T \\" AS DRAFTED BY (NAME AI>D ADDRESS): EXHIBIT "e" ,- ../ .~~ .~, 1 l:- . ~, :~~~'~:C~ir.~~~:::.~ .~~'7-- __ \.._;-::':;':::'~I'u,;,o~ooo.<\3!lQ3./\' 7.-")'~;::::i--' ;::::_ _ ..;:::::-.:~;:::;c.~./ .___ ,.' .\... "--.:; ~.. "-=;!l~';;r:r.- ~:"....;'7.' /' ....-".;;.:_;.:...(.:"..-.._.::-,-;:~:.I.\.. , ,.::/ r.....:...~.t~:.I~-,.:.:-... ~..-:<.;) './ ,- I t?'4,~~/~\- .~~. ~;~'f::'!7"r/-:~.~_ 7 -==-- .......=-( z ..=--oi.":'-\, ~t !. - lir:.;~ I . , ' i rr-r:;'r fH J ~ 1 1'1' ': qJ.Lj I -7-K~~ / f ;,-",,"Ll! t"; \ ~ :.. \ \. - . ..L .J\..-. I l:..:::..1 " ~. .,~' '.~ +. ,-1.., V...J? 0...; I ~o, 1\ . i...V0.e, \ (~....,...;; .,..-: ;.:.-.;:.::.:> j" . "'. ~ v Iv. 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" ---..._1 ....' ~ '\ 1 ~ 'V " ; ~ '\ ~ 'Z" " "...............\. <'\ ~\, l :-.. ~' 1. . '^\ . \, "\.. '>. _"_ 1 '\. )~.... \. \. "'........ .:::-='" , .......," ). ~,'. ......' ~. ,,' \. ~\ ~~ -... . " \-- .... _'_' .. '~"". '\ ...2:-... t.~~~: I" ~(' \ '...... : )... ..1~~. J' , : . '\.~ . '., ...... \.. '>. ...... " ~~..s:....:.,l ~\... ~. " ~;l ~~l; ,- '. ~ ...... \ .::'.::: -.~ ~~-~:. I ~~ "' /" \): ER~.".!;~,..l:;;;i -) .. h /' ,I. '>. '>. ~.~1"$~i~;;J,' ,""" )~ 5 S~~T-" " ,., t ' .. ) -'I ;.:...._ ....../r' '~: ~......... ... I < ...... ~.c .: ,~ ~ ...........,.. / ...... . ~~... ....... . '~I ,I /. . .~....~~ f~)'::;, r ~ x,~ ...........'t.:.'\;j ", " V .:~. ._ .~.~ .{..... t -'" \....""" ~ ; I . . tr '~~'-1, ~/ ..' ." "t, . .. / '.~'~ ..)i '...... ... ---- "1~?'\o'rA.t.eJ... I . .,1 ~ \ ,.J .. ... -1 -./ .... ,,~ f ~tih(\:f ,. " '. -1 . . ....),-. . - ~~ ........ . ',,.~. ./// - ro~n; '. .,/' ~../' ~ X'H I 13>1--4: ....... ! ......., . "'{ tt" 'r, :~ ........~ -0, ." -I ( '-~. ~' "1 . So . . .. \. ) :::' ,;. . ~~(' .. ~t ~.L. '! .,1' l (e ',< 'J 1'1 .. NOff h . '11 , ..I !I~ Fu +ur-€.. ~tr-ee.+ .. U+ex\~\. ('\ . ._..._.... ..~..c .;. ~--... ..- .. . .. " t . " ;'::-'" ." .... .'. .. ; , . I ~. . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 13 AUGUST 1990 RE: WATERFORD 3RD PHASE - REVISED DEVELOPMENT STAGE PLAN FILE NO.: 405 (90.23) BACKGROUND Mr. George Sherman, Sherman Boosalis Interests, Inc., has asked the City to amend the development stage approval he received for the .third phase of the Waterford P.U.D. in November of 1989. specifically he requests reconsideration of the previously proposed convenience grocery store with gas pumps in a revised plan. He also asks that he be allowed to include a family restaurant within the strip center. According to Mr. Sherman the convenience/gas facility is necessary in order for him to make the required financial guarantees the City has asked for on the tax increment project. It also ensures the financial viability of the strip center. The request for a family restaurant use is the result of the proposed Vine Hill Road intersection improvement eliminating the two existing restaurants in the area. Both Burger King and Arnold's will be displaced by the new intersection improvements. Following is how the developer's revised site plan (Exhibit A) compares with his previous proposal (Exhibit B). The retail center has been moved west to abut the intersection. The individual pad site on which the convenience grocery/gas facility was originally proposed has been moved to the east of the retail center. A freestanding, 10,000 square foot office building is now proposed for that pad site (see Exhibit F). A Residential Community on Lake Minnetonka's South Shore ./Ll J . . Re: Water ford 3rd Phase Revised Development stage Plans 13 August 1990 The proposed convenience store has been incorporated into the west end of the strip center. The canopy for the gas pumps has been attached to the retail center with a continuous roof line. The new plan no longer contains a carwash facility. The proposed building elevations are shown on Exhibit G. The residential portion of the project remains unchanged. ISSUES AND ANALYSIS The land use element of the Waterford 3rd Phase was addressed in a staff report, dated 23 August 1989. That report raised a number of issues relative to the proposed convenience store with gas. Additional issues were raised at the public hearings. Those issues will be reexamined herein. There was generally no discussion regarding any type of restaurant use in the development stage approval granted in 1989. A. Siqnaqe. The original concept stage plan in 1984 and the development stage plan approved in 1989 discussed very stringent controls for commercial signage - even more stringent than our current ordinance. None of the proposed individual sites are expected to pose problems. In fact, of all commercial uses, day care centers, banks and office buildings are among those which seem to limit their signage the most. Retail uses appear to have a greater need for signage. While our current code is adequate for controlling permanent wall and pylon signs, it is the temporary signs and banners which result in visual clutter on commercial sites and which are most troublesome in terms of enforcement. Based upon recent experience in Shorewood, gas facilities seem to require an inordinate amount of signage. In addition to price signs and identification signs on walls and pylons, operators are determined to display banners, posters and pump toppers advertising higher octane, the lottery, cigarettes, etc. This being said, it must be realized that it doesn't have to be this way. There are examples of high quality facilities where signage has been kept to a minimum. Such cases involve cooperation on the part of the property owner and stringent control by the city. In this regard the City must explore more effective enforcement techniques, such as a system of citations, licensing of businesses, etc. - 2 - . . Re: Water ford 3rd Phase Revised Development stage Plans 13 August 1990 While a detailed signage plan has not been submitted, the developer indicates that the following signage will be displayed for the convenience store/gas facility: one sign will be incorporated into the pylon sign for the strip center (previous approvals limit freestanding signs to the height of the building or 20 feet, whichever is less) one sign will be displayed on each side (east and west) of the canopy one gas price sign will be displayed under the canopy B. Outdoor Sales and Display. All previous approvals have . expressly prohibited any outdoor sales or display. While this undoubtedly refers to such activities as automobile sales lots and equipment rental operations, it also pertains to the outdoor sale of oil, antifreeze, water softener salt, firewood, etc, which are common at convenience stores. If approved the city should also prohibit pop machines and ice machines from being located outside of the building. C. Liqhting. The current city Code requires that commercial lighting be hooded and directed so that no direct source of light is visible from the public right-of-way or from adjacent residential uses. Also, the effect of ambient light, can be reduced somewhat by landscaping. For example, large canopy trees and evergreen trees along the service road boulevard will shade some of the light for properties on the north side of the highway. As mentioned further on in this report, the applicant has asked for extended hours of operation for the proposed convenience store and restaurant. If approved the city should consider a requirement that only the inside pump island be lit after 10:00 p.m. D. Landscapinq and Screeninq. The previous development stage approval recommended that larger than normal plant materials should be incorporated into final landscape plans, particularly along the north edge of the site. It was also recommended that prior to the start of construction, existing vegetation to be saved should be identified and protected during the construction process. . If the revised development stage plan is to be approved, it is recommended that a detailed landscape plan, providing extensive landscaping along the north side of the property, should be provided in the final plan stage approval. - 3 - . . Re: Waterford 3rd Phase Revised Development stage Plans 13 August 1990 The City has recently discussed adopting more stringent landscaping requirements. Prior to final plan approval for this project the City should review the requirements for other cities and incorporate the best of them into the final landscape plan for the Waterford 3rd Phase. The city should not hesitate to require that large caliper trees be planted, particularly in front of the retail center. The developer informs us that a scaled architectural model will be presented at the public hearing to demonstrate how the impacts of the project will be mitigated by proposed landscaping as well as by the existing topography of the site. E. Hours of Operation. In our August 1989 staff report, a concern raised with convenience store/gas operations was a tendency towa~d 24 hour service. While the developer does not propose round the clock service, he has asked for longer hours for the restaurant and convenience store than what was originally approved in 1989. Specifically, he requests 5:00 a.m. to 12:00 a.m. for the convenience store and 7:00 a.m. to 11:00 p.m. for the restaurant. The original approval recommended commercial hours from 7:00 a.m. to 10:00 p.m. If the revised plan is to be approved it is recommended that the City consider limiting the hours of operation to 6:00 a.m. to 11:00 p.m., on weekdays, perhaps allowing the later hours on weekends. Based on similar neighborhood convenience centers, these hours should be adequate for the local market which this project is intended to serve. F. Traffic. Reports from the Institute of Transportation Engineers (ITE) provide information on trip generation based on various land uses. Three categories of restaurants were reviewed: 1} fast food; 2} high turnover, sit-down; and 3} quality, sit-down. Following is how they compare in trips per 1000 square feet of floor area: 1. 2. . 3 . Fast food: High turnover, sit-down: Quality sit-down: weekday 553 164.4 74.9 Sat./Sun. n/a 67.8/39.0 99.2/71.6 The type of restaurant suggested by the developer is most closely described as high turnover, sit-down. Based upon a 2000 square foot facility, 329 trips per day would be - 4 - . . Re: Waterford 3rd Phase Revised Development stage Plans 13 August 1990 generated. By comparison the same amount of retail space would generate 167 trips per day - a net difference of 162 trips per day. The developer informs us that traffic studies of convenience stores similar in size to what he proposes indicate that a store with gas (420 trips per day) generates approximately 50 percent more traffic than a store without gas (280 trips) - a difference of 140 trips per day. It may be helpful to compare the proposed additional traffic generation (307 trips) to the traffic reduction which resulted from the decrease in multiple-family units from 144 to 54. 144 units x 5 trips per day = 54 units x, 8 trips per day = difference = 720 TjD - 432 T/D 288 TjD The attraction of nonlocal traffic has always been of concern to neighboring Shorewood residents. Due to its location on Highway 7 the site is exposed to considerable traffic from the highway. It may be useful, however, to review the locations of gas facilities throughout the area to get a feel for the market which is likely to be served by the proposed site. Exhibit H shows the proposed site in relation to the south lake area. G. GroundwaterlSurfacewater Pollution. In light of recent public awareness of problems with old underground fuel storage facilities, it is reasonable that area residents would be concerned about a new gas operation. I met with staff of the Minnesota Pollution Control Agency and compiled considerable information relative to requirements for installation, maintenance and monitoring of new and existing underground fuel facilities. These requirements are summarized in Exhibits I, 1-3. Anyone wishing to review the detailed information should contact my office. The P.C.A. informs us that there have been considerable changes in the laws governing underground storage tank systems, the most recent of which requires certification of installers. We are also informed that most problems with leakage in the past did not involve rusting out of old steel tanks, but rather were the result of rigid pipe connections - 5 - . . Re: Water ford 3rd Phase Revised Development stage Plans 13 August 1990 having been moved. They tell us that most of the old tanks which have been removed are actually in pretty good shape. While the P.C.A. allows various types of tanks, one of their staff members stated a preference for a double-wall fiberglass tank with a leak detection system between the two walls. If the City approves the revised plan with gas facilities, it may wish to specify the fiberglass tank. While this and other types of tanks can be in contact with groundwater, preliminary soil borings state that no groundwater was encountered to a depth of 20 feet (see Exhibit J). When asked about surface water contamination, the P.C.A. 's primary concern is with spill and overfill resulting from delivery. All tanks are now required to have catchment basins and automatic shutoff devices or overfill alarms or ball float valves. Minor spills by customers generally evaporate or dilute before they create an environmental problem. Nevertheless, if the gas facility is approved, the final plans for the parking lot drainage should be reviewed by the city Engineer. RECOMMENDATION It should be noted that plans submitted to-date contain insufficient detail for complete site plan approval. The decision to be made at this time is one of general land use. Are a convenience grocery store with gas pumps and a small family restaurant generally suitable uses for a neighborhood convenience commercial area? If so, are they or can they be made to fit the specific location proposed? If the city feels the proposal has merit, any approval should be subject to the following conditions: 1. A detailed signage plan must be submitted by the developer and approved by the city. The plan should set forth specifications for all types of signage including wall, pylon and temporary signs. Pylons should not exceed the height of individual buildings or 20 feet whichever is least. The requirements should be incorporated into individual lease and sales agreements. 2. The City should refine its enforcement policies relative to signage, not only for this project but for the entire community. - 6 - . . . Re: Waterford 3rd Phase Revised Development stage Plans 13 August 1990 3. All exterior sales and display, including pop and ice machines, should be prohibited. 4. All site lighting should be consistent Design Framework Manual, August 1984. any certificate of occupancy, lighting compliance. with the Waterford Prior to issuance of should be tested for 5. Lighting for the gas operation should be reduced to one island at 10:00 p.m. 6. The developer must submit a detailed landscape plan incorporating earth berms adjoining the service road and large trees along the north perimeter of the site. At least two, five inch caliper trees should be required at each of the two westerly entrances to the retail center. All other canopy trees along the retail center should be required to be a minimum of three inches caliper. 7. The City should consider limiting the hours of operation to 6:00 a.m. to 11:00 p.m. on Sunday through Thursday - an hour later on Friday and Saturday. 8. The City should require that any proposed fuel tank be of double-wall, fiberglass construction. 9. The final plans for parking lot grading and drainage must be approved by the City Engineer. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton George Sherman - 7 - I'. ...~ . ~ Ir. " i\ \ .\ /-' / \ -", \.. . '\. \ \ f'..-' \:'. .-. ,.- ~ _.. ... '\ _1::-....? Q (>,..- ~ \ ,o:::.':"/.. / \ / '.~'. f' -. I I \ '& (I, .~~,' \ ~! \ ,~ " \ \. .' ~ \. t\"' " '- ---- . -..... ::ft 0+ OT , \ _---'i&.... ~ ,-y::.. ~~\':o"""'" ; ~ 't~ . ....., "' "'~~ .. ",,". ~"O~ .,.. Exhibit A REVISED SITE Waterford p.U~~~N 3rd Phase /i I ... . + '.0 o o o D I\J D / ': ,'t.- 'I; ~. ' ! ~. '~, ~ ~ -,"~ .~ . '~, '0 ~ . ; ,"\ ; I \::...< ">,' . ): ..... (.' I I \" ....' ,~ ?b, , h 0\\:, " ---~.:: ", ,~.. ~~~.------ ~- g. ~ .~ -r. " ~'.\ \ " \ . \ \",'" " '. I I ( -\ '\ . '.. . ,I ' '.\' '\ .. " I I I \ . . I I . _. ... I. ~. j c:; (." ,r ' __ ,.JIr."., .....t .' ...." '. .j ._____._..___ ;i; . ~J . , JI ...... . . .. . ... ~ ; .'i I .' '..\ ..~ .\ /:~~ i; ':, ! .' ,1 + ,. .;..{ 'li~ ':j .'~ ::, "~ , ( }': '[1 o u " e'::: '~ '(I I ~:! ~ " ,'J ; I ',," '. Ii', o i- \. PROPOSED SITE PLAN . t f~ ; ;f SHERMAN-SOOSALIS . FI"LE COpy .July'30, 1990 ,cS\J ~ \ ,:J ~, Brad Nielsen City, Planner City of Shorewood 5751 Country Club Road Shorewoocl, ML'J .55331 Dear Brad: We are hereby submitting our request for an 'amended Development Stage Approval for Waterford: Phase III.- ,We have enclosed in our' request only those conditions that change as, a condition of' the amendmen t . Specjfieally~ the' changes" involve a relocation of the r~tai1 center, a grading change and a "use" change for the::! retail componellt. The !I use" ,. we are requesting is convenience grocery with gas dispensing (hours of operation of 5: 00 a. m. to 12: 00 a. m. ) . In addition" we are requesting the permitting of a family restaurant with carr~' out (hours of operation would be 7:00 a.m. to 11:00 p.m.) Tlwhalance appJJcation. of the information needed should ~vethank you for your consideration. be found in the Sincerely, SHERMAN - BOOSALIS INTERESTS, Incorporated //Z/, . -~ .P. ~ .~ ' V Geo ge E. Sherman Chief Executive Officer W,J\, TER DEL: TYl'ING .l/ai/ing Address: P.O, Box l-iil2 . \linnc:tpolis. \1:'> jj-l-lO'I-iR2 . Street JJddress: )-iO Ct , \linnc:tpolis. \1:'> ))-i()+IO-IO . (612) )33-72';"2 oJa." :'>umber 0 ( Exhibit C APPLICANT'S REQUEST LETTER Dated 30 July 1990 . 436 Century Plaza 1111 3rd Avenue South Minneapolis, Minnesota 55404 (612) 344-1889 LAMBERT & BECK ARCHITECTS, Ltd. . George Sherman Sherman Boosalis Co. P.O. Box 1482 Minneapolis, Minnesota 55440-1482 27 July 1990 Re: WATERFORD SHORE.'WCOD,MN SITE DATA Land Use Sq. Footage Acres Percent of Site Residential Common 39,100.0 .89 Acres 3.1% Platted 526,999.0 12.0 Acres 43.3% Commercial Retail 316,700.0 7.25 Acres 26.2% Open Space Outlot IV 93,270.0 2.1 Acres 7.7% Trail Streets* Total 230,403.61 5.45 Acres 19.7% Intersection (39,096.39) (Off property) TOTALS 1,206,472.6 Sq Ft 27.69 Acres 100 % Exhibit D SITE DATA . . BUILDING DATA LEE Sq. Footage Parking Req'd Parking Provided Commercial Gas Convenience 3,000.00 GSF 15 20 Strip Retail 21,600.00 GSF 108 134 Bank 5,000.00 GSF 25 55 Daycare 6,000.00 GSF 20 20 Office 10,000.00 GSF 50 56 TOT ALS~ 45,600.00 GSF 218 285 Residential Sq. Footage Bedrooms Parking 54 Total Units 27 Unit A 27 Unit B 2,848.0 Each 2,328.0 Each 27-4 Bedroom 27-3 Bedroom 2 Off Street/2 Garaged 2 Off Street/2 Garaged TOTALS 202,608.0 SF *189 Bedrooms 216 Cars * Expected Population = 243 Persons Exhibit E BUILDING DATA . J I ~=-ES t \ AlIB8t:1 BU!P3 . JJlujj~J~M \ \ IU tl tl '" Ih: Iti: u- o~ O' It~ ':1 o~ Ul U'i IE 0" '" I tl ~~ >--- It~ Ol! 0;"- tl ~~ It~ 0.;- 0-;- tl n 0;,- ~ z 8 t tl '" tl It;, !!S- ::J.~ 0-;" ~~ '" ",11 i ~ '). It>: ~ 0;'- <Ii :IE ~~ 8 '" 0.'1 m~ tl ....ll It':! o. tl.. IE. 0.. tl It~ o~ .. .tl tl It~ It.. Oh. .. ,,~ Od- tl- It:t 1"'--- o~ :IE 8 '" ~~ 5.. 5;. tl_ 1---- O. g~ It~ ..J"l:! f-= 0" I ==J t------ .-----.-- I I r-~ ~ ---t I 1 I I I 1__ ________._---0 I I I I I I I z <r: I I I Z I I .-1' 0' I A.. 5' I I I t:5' '" '-___L I u I ~- It I I ~";7 I I 011 I I g 0' I I ~~ I ~ I li:3 I I t... - - -.- I '" I , I I I I" I I I I 'I I I' I I t------____4 1\ I I .\--, -1- --1 \\ I I , \ 1 ____.L. I I , 'I I I I 1------ -- - -- -~--4 \'t-1----1-- ,~ 'I I dO 3hlllO l'~ r----- ..__--40 Exhibit F BUILDING ELEVATIONS - OFFICE BUILDING . . ~ .. ~.') s 1, ti.i ::>' :di \:,<1 I ~: I I I I I I I I I I I I -,0- -4 1---- I ~ $' I ~~ ..,~ I k-* I ,', I I I I I I I I I I I I I It I __ _ _ - - - - - l, I~ ''I , ~~ T. ~. ~~ .' ~ "~. ~ .,It i i . i Exhibit G BUILDING ELEVATIONS - STRIP CENTER '/ / -0 o (1) o ..... ~ l-< C ..... (1) <1l <1l l-< l-< (1) l-< ~ l-<l-<ool-<P-.CC o .3 ..... ..... c..? 0 (1) ..... UlUlIC~> <1lUl~~~ (1)(1)<1l U~(1)(1)(1)~~c.c: ~ (1) U U (1) C ~ l-< U U x X;:l ..... (1) (1)X~~~~ 1::<::(1) ~e~ .0 10 0<1l< -oe el-< o~~~;:lO <1l (1) 0 " .~ <1l ~ U (1) u.S 8-U 0..0 u-o'-' o~ H~u:;~eoggeg~ <::<::;::J~~8~ ......NC"'l..j"Ln\Or--COd,o...... ...... ...... C (1) Ul Ul <1l -o.c: o ~ -oo.c: o ~ u o (1) ~ l-< (1) 0 l-<.c: ](/) (/)1 , , 1.1 .1 ::} I >'i , ;:';t . . ,',t J>;. ~l~: .."l.''' . \'1 ., ,~ il:~" (j)- . ~1! ,~'IH 3NI^ ~,~ ~ > .r -:.\ ,,, \ 1'1 ,'" " , '~/ I '. '\ ; d ,- ~ o' O. ji 8~d). .0 !a ~51i -i ""dh!) ~ ~ em' ,l.tU.MOOJ o o . o o o $ ill a: 'f')l]UnlO J: U) c .:E ~ Exhibit H AREA FUEL FACILITIES ;1 -..,,, " I V I !Q C\J Q - Oil Express Special Report. 3 EPA tank regs. a glance: What do yotAtave to do? NEW TANKS 2 Choices . Monthly monitoring" " Monthly inventory control and tank tightness testing every 5 years (You can only usa this choice for 10 years after installation.) EXISTING TANKS 3 Choices . Monthly monitoring" . Monthly inventory control and annual tank tightness testing (This choice can only be used until December' 998.) . Monthly inventory control and tank tightness testing every 5 years ( This choice can only be used for 10 years after adding corrosion protection and spilVoverlill prevention or until December 1 998, whichever date is later.) NEW & EXISTING PRESSURIZED PIPING Choice of one from each set . Automatic flow restrictor . Automatic shutoff device -and- . Continuous aiarm system . Annual line testing . Monthly monitoring" (except automatic tank gauging) NEW & EXISTING SUCTION PIPING 3 Choices . Monthly monitoring' (except automatic tank gauging) . Line testing every 3 years . No requirements (ii the system has the characteristics described in the final regulations) NEW TANKS 3 Choices . Coated and carthodically protected steel . Fiberglass . Steel tank dab with fiberglass ~ EXISTING TANKS 4 Choices . Same options as for new tanks . Add cathodic protection system . Interior lining . Interior lining and cathodic protection NEW PIPING 2 Choices . Coated and cathodically protected steel . Fiberglass EXISTING PIPING 2 Choices . Same options as for new piping . Cathodically protected steel . Catchment basins -an d- . Automatic shutoff devices -or- . Overfill alarms -or- " Ball float valves ALL TANKS " Monthly Monitoring includes: Automatic tank gauging Vapor monitoring Ihterstitial monitoring Ground-water monitoring Other approved methods Exhibit 1-1 p.e.A. INSTALLATION REQUIREMENTS -r - ""'II .....^tJ. ~....,w '-"t-'~\"oo'CU r lCtJVI &. When do y. have to act? EPA sets&adllnes .fi~l1t_."'liiiia11&_,1Ji, New Tanks and Piping. At installation At installation At installation Existing Tanks.. 25+ or unknown age 20 - 24 years 15-19years 10 . 14 years Under 10 years December 1989 December 1990 December 1991 December 1992 December 1993 .-... December 1998 -... December 1998 Existing Piping'. Pressurized Suction -- December 1990 Same as existing tanks December 1998 Does not apply Does not apply. December 1998 . New tanks and piping are those installed aft~lf December 1988 .. Existing tanks and piping are those installed before December 1988 IF YOU CHOOSE TANK TIGHTNESS TESTING AT EXISTING TANKS... ( If you don't use monthly monitoring at existing tanks, you must use a combination of periodic tank tightness tests and monthly inventory control. This combined method can only be used for a few years, as the chart below displays. ~ Was the tank upgraded, which means does it have corrosion protection and spill/overtill prevention devices? YES .. ... - Was it upgraded before December 1988? YES - - Do monthly inventory control and a tank tightness test every 5 years until 1998, then do monthly monitoring. NO ." NO ." Do monthly inventory control and a tank tightness test every year until 1998; then upgrade. For upgraded tanks, use the box on the right. Do monthly inventory control and a tank tightness test every 5 years for 1 0 ... years after upgrading; ...... then do monthly monitoring. l Oil Express Special Report, a supplement to Oil Express 9/19/88. Published by United Group, 4550 Montgomery Ave., Suite 700N, Bethesda, MD 20814. 301-961-8700. Exhibit 1-2 MINNESOTA'S T CONTRACTOR CERTIFIC WHAT DO YOU HAVE TO DO? N LAW... Minnesota Pollution Control Agency (MPCA) rules Ch. 7105 require anyone removing, installing, or repairing under- ground storage tanks (USTs) to be certified by a state-approved program. This fact sheet answers some common questions about this law. Who Must Be Certified? All contracting companies and supervisors conducting removals, repairs, or installations of USTs. Separate certification is required for each of those activities. Do Excavators Need To Be Certified? If an excavator or other contractor is hired by a certified contracting company and would be under the direction of a certified supervisor on site, then the excavator does not need to be certified. When Do I Need To Be Certified? By July 9, 1990. What Are The Requirements For Certification? Contracting companies must: . employ one or more certified supervisors. One supervisor will be required on-site at all times during specified critical procedures. At a tank removal, for example, this would include when cleaning and purging the tank system, during actual excavation and removal, and any time that tank components are disconnected or capped, ' . have insurance coverage or bonding or liquid company assets equal to five times the largest storage tank job completed within the last two years, and . complete an application form provided by the MPCA ($50 fee covers as many types of certification as desired). Supervisors must: . have two years related tank-work experience, ~ . have actively participated in a total of five tank projects in the previous two years. For each type of certifica- tion requested (removal, repair or installation), supervisors must have worked on four projects specific to each type. After July 9, 1990, work'experience obtained must be done under the direction of a certified supervisor, . successfully complete a full five-day training course approved by the MPCA (tuition approximately $200), and . complete an application form provided by the MPCA ($50 fee covers as many types of certification as desired). How Long Will My Certification Last? Contracting companies and supervisors must submit an application and fee to the MPCA every two years to maintain their certification. Supervisors rrust also attend an approved training course every two years to maintain their certification. Who Do I Contact About Training Courses? Currently, approved courses are being offered by the Minnesota Technical College system. For course dates and locations, contact the Albert Lea Technical College at 1-800-333-2584 or 507/373-0656, ext 225. Who Do I Contact If I Have Other Questions About Certification? Call the Undergrour.d Storage Tank staff of the Minnesota Pollution Control Agency at 612/643-3416. From outside the Twin Cities metropolitan area, call the state operator toll-free at 1-800-652-9747, and ask for the MPCA. ~ Minnesota Pollution Control Ageocy Hazardous Waste Division Tanks and Spills Section Exhibit 1-3 '. '. LUu Ur t:)UNU~~ .l~I~~!N~1 SP-SM POORLY GRADED SAND with SILT, fine to medium-grained, with fine to medium Gravel and layers of dar~ hrown SILTY SANO, light brown to gray. moist. (Glacial Outwash) PROJECT: ASTM Elev. Depth 02487 997:t 0 Symbol 995.SJ CL 1.~ SM & SC 9~3:t 4 :>. OJ o '0 oS E ... l1l l1l > c: U en <ll 1:) 1:) c:: C'O 5 983:t 14 C'O :J C'O > l1l CL ... ~ In l1l C'O c: 1:) ... .C'O 1:) c:: ~ 976.5:t 2().~ 1:) c:: a:I t o Co l1l a: l1l l1l en - BORI G: ST-4 LOCA TION: See Attached Sketch. DATE: 12/7/A8 SCALE: 1" = 4' Tests or, Notes Description of Materials (ASTM 02488) SANDY LEAN CLAY, brown, moist. (Toosoil ) SILTY SAND and CLAYEY SAND~ fine to medium-grained, with fine Gravel, brown, moist, ". BPF WL *medi urn ciense. (Glacial Till) 15 17 22 24 SANDY LEAN CLAY, gray, moist, very stiff. ( G 1 ac.i a 1 Ti 11 ) 25 ~ r<!1'- O'OF BaR I NG . Water level not encountered with 20' of hollow-stem auger in the ground. ) Water level not encountered to cave-in depth of 9' immediately after withdrawal of auger. Water level not encountered cave-in depth of 9' 6 hours withdrawal of auger. Exhibit J PRELIMINARY SOIL REPORT ..h & - .......... ?:O c) G . . <6 -" IS- --7-() ~ f/I'x.... !/.J~ I ".c"'.':""". : .~. ,', .", ,-:-, . .". ;~:.' . ..... ~~. - ~ ~- : /. ~ .'Q..;...';;'.'.. .<', . ~~~ ~ tL I?~ ~,-b ,0 . f1e~--k~, ~. f;1~2lE-, ~ -. ' ' .. .,' " ,'m0'~ ~ i75J ~U<- ~s~ ~s~ ~~ ~ ~ ~~' ~t:VU-- ~ -.S~. C-<Jdl . ~ /d ~.d:.~ ';;J.. ~ ~. 7Z..0 ~ ~ ., ,'~;"~~7 t~Vl1!L~ ~~ ~. /1f:~~ ~ ~ ~. . r(;~ 0~.A tk ' UL~~~' .. A.rI- "- . jJ~-,><- -= .. I-./J / ~ - - ~ h fJ :5 3 fS-S' ~ v--F/[d -Ps. Wz. wo.u.M ~ ~, C( ~ '~a.J- &. ~~~~~7 / ~fl ~ cj /~ . ~a.d ~. .----....------- I ~ . . 19570 Vine Ridge Road Shurewood. Minnesota 55331 August 23. 1990 BX Te1ecopier Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331 Honorable Mayor and City Council Hcmbcrs: Please consider carefully the Sherman-Boosalis request to include a gas station a.nd other facilities in thc Haterford Phasef'l J development ("Phase III") . Although I oppose the construction of an intersection at Old Market Road and Highway 7 (the illntersectionll) and would prefer not to see it built at all. I recognize that you have repeatedly voted to approve it and that the Inteisection is likely to be buill. For me. at lea~t. the is~ue now Is noc stopping the lntersection. but ensuring that Phasell! has as little impact as possible On the Waterford, Covington-Vine Ridge. Sweetwater and other neighborhoods which border Covington Rnd Old Market Roads. It is no secret that without a. gas station. Phase Ill. has currently planned. will not b~ economically feasible. I believe that Phase III as currently planned plus a gas station would have 1es8 impact on nearby neighborhoods theltl. for example, high density apartments or a Walmart. ] am concerned that failure to permit a Ras station 1n Phase III would only delay construction of the Inlersectlon while ensuring that whatever development is eventually approved wouJd have even more negative impacts on nearby neighborhoods. Please consider the SherlIlan-Boo::sali::s reque::st carefully. If the development plan can be changed so that it would be economically feasible without a gas station and would produce lcs~ negative impacts on nearby neighborhoods. by all means reject the request. If you are conv:lncerl that construction of the Intersection is inevitable and that all feasible alternative development plans would have even more negative :impacts on nearby neighborhoods, please approve the Sherman-Boosalis request to include a gas station and other facilities in Phase III. 8i SJD:.1aj ,t . . FILE COpy M~r/~ ~d %-& S1SS- ?' ~aL / ~/! J! 0033/ ~ ;h4~ ~r . !)~~,ft~*fit:L /LL~r7 7' ~ ~ "i ft~ X~~V.-LAV-,?L ~ /-Tc- ~ << ,f4 ~ ~~ .-bl"~' ~~ 7' fiu ~ ~~ /h<-Ji'. ~~r~~~~ t;~ I I ~ '.' ~~~.AwC~ ~"-r~~~r?'~~#~ ~ru(.. ' J2 ~Lr~~~~ ~r ~~dv~~~~' ,Ji~ r-I'- ~ a:d~~' d;.- flY'-~ *~~ ~.~.~~ \ // v /, ~ .. ./ __~ .~u-~ /'-~ . . RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A PUBLIC WORKS FACILITY WHEREAS, the City Council has determined that the City requires additional property for the construction of a public works facility and has directed staff to prepare a concept plan for such facility; and WHEREAS, staff has completed its review and has prepared alternate proposals as set forth in memorandums from the City Planner dated 6 July 1990 (first proposal) and 8 August 1990 (second proposal/alternate); and WHEREAS, said proposals involve the acquisition by the City of parcels of land located in an area of the City currently zoned residential; and WHEREAS, the. City code provides that governmental buildings may be located in residential areas pursuant to the granting of a Conditional Use Permit; and WHEREAS, after required notice, a public hearing was held and the elements contained in the proposals reviewed at a regular meeting of the Planning Commission on 17 July 1990, the minutes of which meeting are on file at City Hall; and WHEREAS, the proposals were considered by the City Council at their regular meetings on 23 July 1990 and 13 August 1990, at which time the Planner's memorandums were reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth findings and conclusions approving the Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. T hat the parcels of land included in the proposals are located in an area currently zoned R-2A, Single and Two-Family Residential, which land is legally described as Part of Lot 3, Auditor's Subdivision No. 133, Hennepin County, Minnesota, as shown in the Site Location attached hereto as Exhibit A. #: II . . 2. T hat the City has exercised its option to purchase a portion of the land identified as Tract" A If in said Exhibit A. 3. T hat the use of the land by the City for a public works site is necessary for the health, safety and general welfare of the community. 4. That alternative sites for the public works facility have been reviewed, and it has been determined that the proposed sites are the most adaptable and appropriate locations for the facility. 5. T hat the proposed use of the property is consistent with the official City Comprehensive Plan, is compatible with present and future land uses of the area, will not tend to or actually depreciate the area, and can be accomodated with existing City services. CONCLUSIONS 1. The the first proposal and second proposal/alternate as referenced above are hereby approved, and pursuant to Section 1201. 11, Subd. 4.a. of the Shorewood City Code, a Conditional Use Permit for the construction of a public works facility on Tracts .. A" and "B" as identified in Exhibit A is hereby granted, subject to the following conditions: First Proposal a) T hat the necessary portions of Tracts If A" and "B" be acquired by the City. b) T hat a minimum 50 foot setback be maintained along the east side of the site. c) T hat an 8 foot earth berm be constructed within the setback area. d) T hat existing trees be maintained and ponding on the north end of the site be provided. e) T hat any structure constructed on the premises be designed to become a part of the buffer between the maintenance yard and the residential property to the east. f) That all buildings constructed on the property conform to the construction standards for non-residential buildings as set out in the Shorewood City Code. . . 7. That the Concept Plan attached hereto as Exhibit B be adopted for the site. Second Proposal/ Alternate a) T hat the necessary portion of Tract II A" be acquired by the City. b) T hat a minimum 20 foot setback be maintained along the east side of the site. c) T hat a 3 foot earth berm be constructed within the setback area. d) T hat existing trees be maintained and ponding be provided. e) T hat all buildings constructed on the property conform to the construction standards for non-residential buildings as set out in the Shorewood City Code. f) That the Revised Site Plan attached hereto as Exhibit C be adopted ,for the site. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: A yes - Nays - ....I >> 3 (:)7) '-4'.1 ----- &~ Exhibit A SITE LOCATION Proposed Public Works Site 2 ~ / 1 . . / /1 ./'0 """... ~ , AUG 23 '90 09:38 0511 .MN . P.2 Q,c.u =& ~ WL Associates,Ine. August 22, 1990 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors PlannerS City of Shorewood 5755 Country Club Road Shorewood,:MN 55331 Re: Intersection Design Vine Hill Road and S.T.H. NO.7 S.P.2706-172 OSM Conmi. No. 4543.00 City Officials: Having reviewed the latest intersection design for Vine Hill Road and S.T.H. No.7. dated August 9) 1990) we agree with Mn/DOTs final layout. It is our understanding all the proposed work shown on 'the final August 9, 1990 sheet will be furnished, installed, and paid for by the Minnesota Department of Transportation. One area of concern not specifically addressed on the layout is access to the site immediately behind the Shorewood Office Building. On their construction drawings) the Mn/DOT engineers should address that issue. Separate from, but in concert with this project was the discussion of fencing or screening to shield the Shady Hills area. This is nOt specifically addressed on this layout and is an area that may require further discussion. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. JCI/)?1U) /! -/l~tmJ i' /tmtJ James P. Nonon, P.E. City Engineer JPN/cmw OS/90-cos cc: Mr. Mark Benson, Mn/DOT 12- - .f ~~~ --l . 110 :r. ~ -J l> --l VI :0 r < C) VI :0 rn :l>- X 0 C) Z VI 0 :I>- ("T1 C 0 Z . . r I; ~'. ' cf ;() ~S;;;::: !] 'y ) '\ '--..J) < < l> (J l> :0 If;: .... c: :0 Z ~ r :z ~ VI :J: I~ r ~ p - I , --- - - I r""'l ~ ~ "l 03f\i x . '. I~ -i '" . I ~?: '1J o ' , -.I :::0 :d ~ j' 0 :-< N ;e '1J . ~ 0 - ! N .... ..n ..0 c: (/) ()l) ~ :0 ~ ("T1 ..;. Z 0 ()O r ~ 1- -l \;; -< '1J ?' ~ >-< n l> r I~ (/) ~ ("T1 n -l >-< --- a r+1 z I~ -i -:x: "I. -.I r' J~ VI ~ :J: "'! r p ~ ~ .:>:1 / l> ~ b ...... :... 1.O < , co >-< l> ()) Z j: ("T1 'u V'l -l (T1 ()l) :x: l> 0 ... 0 :::0 ;>< 0 0 >-< "- "- 0 0 l> r -0 "- a ~ 10001 GOAl 125P I r ~ ... IV "- " 0:> 0 0 " ... - l> 0 '" >-< :::0 .... (T1 "- l> U1 (') ~ n l> l> ;>< "- "- 00 '" 0 ~ 5001 25A1 SOP I < V'l IV -0 V'l 0 "\l r r' 2500/3GOAI 155P I C ?: rr1 I VINE HILL RD. (/) .... ... I ~ 10001 55A/IOOP ~ 0 '; 9 V'l 0 0 I 0 1200/105AI sSP ~ V'l "- a ... l> 0 "- l> "- .... _,,\l'\N~SO}'; If> (~. /14 "t ~ .. - ):> ':;i ~ ~ ~ ~ ""1- ~ "l- OF T~!:'-~ MinJ'Asota Department of Transportatiolt--- . . ( Metropolitan District ' . Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. 593 - 8530 August 7, 1990 Mr. Brad Neilson city Planner city of Shorewood 5755 Country Club Road Shorewood MN 55331 ~\~ ;' ~~ RE: S.P. 2706-172 (TH 7) at Vinehill Road Dear Mr. Neilson: Transmitted herewith for City approval is Layout # 1 for the above referenced project. At the public hearing held on June 20, 1990 the ?nly controversy was the noise concerns of Martin Zgraggen. Mr. Zgraggen feels a noise wall is necessary to reduce the impact of the relocated frontage road. Our policy is to only include noise abatement on major highway reconstruction projects. Therefore, this safety project will not be considered for noise abatement.. We did perform a noise analysis to predict before and after noise levels. The results of this study showed no noise abatement is justified. At the public hearing we offered to build a wooden fence to act as a visual screen between the frontage road and the Shady Hills neighborhood. The noise analysis we performed indicates that a fence is unnecessary since the in-place berm is both effective at reducing noise and is a solid visual barrier, separating the residential neighborhood from the current commercial area. However, if requested by the City - we will add a 6 ft. high wooden fence to our project. The project is currently programmed for a December 1992 letting. The project cost is estimated at $480,000. The City of Shorewood would be responsible for sharing in the cost of the project as indi~ated in our cost participation policy. since this project falls under our Hazard Elimination Safety Program, 90% of the project cost will be funded by the Federal government. The remaining 10% of the cost will be split between Mn/DOT and the local municipalities. CONTINUED ~~e Next / MINNESOTA . . 1990 Page An Equal Opportunity Employer . . Mr. Brad Neilson city of Shorewood August 7, 1990 Page 2 of 2 RE: S.P. 2706-172 (TH 7) at Vinehill Road The items Shorewood would participate in, on this project, are curb & gutter along the south frontaga road, the storm sewers which carry the city's water and the South leg of the signal system which serves the City. We have determined the city of Shorewood's participation for storm sewer and curb & gutter to be less than $3000. According to our cost participation policy, Mn/DOT shall not enter into a cooperative agreement with a municipality if the amount is less than $3000. Therefore, the city of Shorewood is expected to have no participation on these items. If during the detail design phase of this project the City's partic~pation increases to over $3000, we will notify you immediately. The sigrial system cost participation is handled with a separate agreement that has no minimum dollar amount. The estimated participation from the City of Shorewood is $2500. This is based on a $100,000 estimate for the signal system cost, 90% of which ($90,000) is paid with Federal funding. The remaining 10% ($10,000)' is split between the State and local municipalities, based on entering legs of the intersection. Mn/DOT pays for two, Deephaven pays for one and Shorewood pays for one. Shorewood will continue to supply the power to the signal, as you are today. Two copies of Layout #1 and one copy of the standard resolution form are enclosed. Please return the resolution to me at our Golden Valley office - after it is certified by the Clerk. If you have any questions, please feel free to contact me. Sincerely, I/ffdf/~ Mark D. Benson, P.E. Enclosure MB/db " .. . i. RES 0 L UTI 0 N FOR LAYOUT APPROVAL At a meeting of the City Council of the City of Shorewood, held on the day of , 1990, the following Resolution was offered by seconded by to wi t: WHEREAS the Commissioner of the Deparbnent of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 12 renumbered as Trunk Highway No.7 within the corporate limits of the City of Shorewood, at Vine Hill Road and seeks the approval thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked,; labeled, and identified as Layout No. 1 S.P. 2706-172(7=12) at Vine Hill Road. N(Xtil, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. Upon the call of the roll the following Council Members voted in favor of the Resolution The following Council members voted against its adoption: . . LEASE AMENDMENT The term of that certain Lease dated December 30, 1984, by and between Ryan Construction Company of Minnesota, Inc., as Landlord, and City of Shorewood, as Tenant, for premises in the Shorewood Village Shopping Center - Shorewood, Minnesota, is hereby further extended by mutual consent for a one year period commencing April 1, 1990, and ending March 31, 1991. The monthly rental shall be increased from One Thousand Seven Hundred Seven and 58/100 Dollars ($1,707.58) to Two Thousand One Hundred Fifteen and 00/100 dollars ($2,115.00), effective August 1, 1990. Such monthly rental shall be a total figure, and no additional amounts shall be due for common maintenance, insurance, real estate taxes, trade fixtures, or equipment of any type provided by Landlord.. Except as defined above, all other terms, conditions, covenants, and agreements of said Lease dated December 30, 1984, including all amendments executed subsequent thereto, shall remain in effect. WITNESS OUR HANDS this day of , 1990. LANDLORD: Ryan Construction Company of Minnesota, Inc. By: Its: TENANT: City of Shorewood By: Its: By: Its: -:;ft / 3 . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 501 OF THE SHOREWOOD CITY CODE RELATING TO GENERAL HEALTH AND SAFETY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 501.01, Subd. 1, is hereby amended to read as follows: "Subd. 1. Offensive, Unhealthy Substances Prohibited: No owner, agent or occupant of any privately owned lands or premises shall place upon or permit upon his premises any abandoned, discarded or unused objects or equipment such as nonoperative vehicles of all kinds, [1] motor vehicles and boats not displaying a current State license, furniture, stoves, refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements and equipment which are no longer safely usable for the purpose for which they were manufactured, noxious weeds as defined in Minnesota Statutes, Section 18.171, fallen trees, fallen tree limbs, dead trees, dead tree limbs, garbage (except in authorized containers), ashes, yard cleanings or any other foul or unhealthy material. Composting of leaves, grass clippings, and easily biodegradable, nonpoisonous garbage may be permitted, however, as provided in Section 507.02, Subd. 3, of this Code." Section 2. This 0 rdinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of August, 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk iF IL( ~ . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 302 OF THE SHOREWOOD CITY CODE PROVIDING FOR SALE OF CIGARETTES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. Chapter 302 of the Shorewood City Code is hereby amended to read as follows: "302.01: STATE STATUTES ADOPTED: The prov1s1ons of Hinnesota Statutes Section 325E.075, Subd. 1 and Subd. 2, relating to the sale of tobacco by vending machine are adopted and made a part of this Chapter as if set out in full herein. 302.02: SALES TO HINORS: No persons shall sell or give away any cigarette, cigarette paper, chewing tobacco or other tobacco products to any person below the age of eighteen (18) years. 302.03: SELLING CERTAIN PRODUCTS PROHIBITED: No person shall keep for sale, sell or dispose of any cigarette containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana or any other deleterious or poisonous drug except nicotine. (Ord. 124, 2-23-81; amd. 1987 Code) 302.04: VIOLATION: Any person violating any providsion of this Chapter is guilty of a misdemeanor, unless a different penalty is specified by State statute." Section 2: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this day of , 1990. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk tT1S- ... ~ . . CONSUMER PHOTECTION-TOllACCO VENDING '. ; MACHINES-LOCATIONS . " . ~ :' .. . . , , ~. :', : L I ., . , . , CHAPTER 421 -L' . :~i , . ~ . .' ',', .i ; .'J-,,' H.F. No. 2042.' ',' ~ . '0', ,AN Acr relating to consumer protection; llmlLing the locations In which 'sales of tobacco by vending machine may be made; proposing coding for new law in Minnesota StatuteS', chapter 325E. " , ." " !. an an . ____...........a.II- Subd.3. 'LOCAL REGULATION. 'The Rovernin bod of a local unit of ' overnment may adopt rules or ordinances relatinR to vendmR mac ine sa es 0 to acco that are more restrictive than the restrictio.ns imposed by this section.' :', '. :,:.':. '.:, ,,' ::L .', , ~, Prei3e~t.ed ~ the g~ve~or April 5,1990. ',.. " ." "d':.:: ,', ': .' :'" ,,'. , : App~C?ved April 9,,~~90. " .,.. . ........:... . "'. .:; ";:'':': .; . . .. ,!' . . f .. ,'. ,r . .. ',' '. . . :';': ..,~ ":; ;. . , . . "~ : . . . . . ~ CHECK NO. CHECK APPROV~STING FOR AUGUST 27, 1990 CO~MEETING TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE AUGUST 10, 1990 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880 (L) (L) (1) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) : (L) 4927-4942 4943 (L) 4944 (L) 4945 (L) 4946 (L) 4947 (G) 4948 (G) 4949 (G) 4950 (G) 4951 (G) 4952 (G&1) 4953 (G&L) 4954 (G&L) 4955 (G&1) 4956 (G) 4957 (G) 4958 (G) 4959 (G) 4960 (G) 4961 (G) 4962 (G) 4963 (G) 4964 (L) 4965 (1) 4966 (L) 4967 (L) 4968 (L) 4969 (L) 4970 (L) 4971 (L) 4972 (L) 4973 (L) ~ BELLBOY CORPORATION BOYD HOUSER CANDY MIDWEST COCA-COLA DAY DISTRIBUTING CO. EAST SIDE BEVERAGE FRANCK'S TRUCKING GTE SUN COMMUNITY DIR. GTE DIRECTORIES CORP. GRIGGS, COOPER & CO. JOHNSON BROS. LIQUOR CO. MINNESOTA BAR SUPPLY NATL GUARDIAN SECURITY NORTH STAR ICE NORTHERN STATES POWER PEPSI-COLA COMPANY ED PHILLIPS AND SONS LIQUOR PURCHASES SUPPLIES/MISC. PURCHASES MISC. PURCHASES BEER/MISC. PURCHASES BEER/MISC. PURCHASES LIQUOR/WINE PURCHASES ADVERTISING FOR 1991 ADVERTISING FOR AUGUST 1990 LIQUOR/WINE/MISC. PURCHASES LIQUOR/WINE PURCHASES SUPPLIES/MISC. PURCHASES SECURITY SYSTEM QUARTERLY CHARGE MISC. PURCHASES UTILITIES MISC. PURCHASES MIQUOR/WINE PURCHASES ON LIST FOR AUGUST 13, 1990 COUNCIL MEETING POGREBA DISTRIBUTING BEER/MISC. PURCHASES QUALITY WINE & SPIRITS LIQUOR/WINE PURCHASES THORPE DISTRIBUTING CO. BEER/MISC. PURCHASES WASTE MANAGEMENT-SAVAGE WASTE REMOVAL FOR AUGUST TERRY & ANITA O'SULLIVAN RECYCLING AWARD-AGUSUT 8, 1990 BRADLEY J. NIELSEN MILEAGE-JUNE & JULY JOSEPH PAZANDAK HEALTH CARE REIMBURSEMENT PATRICIA HELGESEN DEPENDENT CARE REIMBURSEMENT BRADLEY NIELSEN DEPENDENT CARE REIMBURSEMENT COMMERCIAL LIFE INS. AUGUST EMPLOYEE LIFE INSURANCE MINNESOTA MUTUAL LIFE AUGUST EMPLOYEE ACCIDENT & SICKNESS LEAGUE OF MN ~ITIES AUGUST EMPLOYEE DENTAL INS. PHYSICIANS HEALTH PLAN AUGUST EMPLOYEE HEALTH INS. GROUP HEALTH, INC. AUGUST EMPLOYEE HEALTH INS. MEDCENTERS HEALTH CARE AUGUST EMPLOYEE HEALTH INS. ICMA RETIREMENT TRUST PAYROLL DEDUCTIONS PUBLIC EMPLOYEES RETIRE PAYROLL DEDUCTIONS CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS COMMISSIONER OF REVENUE PAYROLL DEDUCTIONS NORWEST BANK PAYROLL DEDUCTIONS COMMISSIONER OF REVENUE JULY FUEL TAX COMMISSIONER OF REVENUE JULY SALES TAX BELLBOY CORPORATION LIQUOR PURCHASES GRIGGS, COOPER & CO. LIQUOR/WINE/MISC. PURCHASES JOHNSON BROS. LIQUOR CO. WINE PURCHASES MINNEGASCO UTILITIES MINNESOTA BAR SUPPLY MISC. PURCHASES NORTHERN STATES POWER UTILITIES ED PHILLIPS & SONS WINE PURCHASES POGREBA DISTRIBUTING BEER/MISC. PURCHASES QUALITY WINE & SPIRITS WINE/LIQUOR PURCHASES TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED - 1 - $ 7,450.04 2,340.00 524.64 6,054.02 13,358.91 335.40 798.12 46.40 8,720.54 5,314.22 222.67 257.52 816.60 503.23 417.97 1,540.93 1,003.80 1,280.73 17,384.35 55.00 100.00 58.80 90.00 600.00 130.00 30.60 INS 114.00 381.14 3,772.00 290.67 435.80 543.46 1,642.48 45.00 934.02 5,313.79 141. 06 10,251.12 2,169.81 4,146.60 593.17 41. 08 68.76 362.53 1,064.44 1,652.45 1,344.84 14,310.40 90,432.31 104,742.71 CHECK APPROV~ISTING FOR AUGUST 27, 1990 CO~LMEETING CHECK NO. TO WHOM ISSUED AMOUNT CHECKS FOR COUNCIL APPROVAL 4974 4975 4976 4977 4978 AMERICAN NATIONAL BANK AMERIDATA BACON DRUGS, INC. CITY OF CHANHASSEN CHAPEL CONSULTING 4979 4980 4981 4982 4983 4984 4985 4986 4987 4988 4989 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 5000 5001 5002 5003 5004 COMMERCIAL ASPHALT CO. COMMERS CONDITION WATER DEM-CON LANDFILL, INC. FINANCIAL PRODUCTS CORP. HENN. COUNTY TREASURER LEAGUE OF MN CITIES MTI DISTRIBUTING CO. MARQUETTE BANK, MPLS. METRO WASTE CONTROL METRO WASTE CONTROL THE MICRO KNOWLEDGE CO. MINNEGASCO MUNITECH, INC. N-E-P CORPORATION SUSAN NICCUM NORTHERN STATES POWER NORTHERN STATES POWER JOE PAZANDAK PEPSI-COLA CO. PRECISION COMPUTER SYS. SHOREWOOD TREE SERVICE SO. LAKE MTKA PUBLIC TONKA PRINTING CO. U. S. WEST COMMUNICATION UNIVERSITY OF MN VAN DOREN, HAZARD STALLINGS, INC. WATER PRODUCTS WEST SIDE REDI-MIX 5005 5006 PURPOSE PAYING AGENT FEES ON GO 9/1/1980 LASERJET III PRINTER FILM JULY ANIMAL PATROL SERVICES COMPUTER CONTRACT NEGOTIATIONS & IMPLEMENTATION FOR JULY ROCK FOR ROAD PATCHING WATER COOLER RENTAL DUMPING FEES COMPUTER SUPPLIES POSTAGE LMC DUES SWITCHES FOR #34 SERVICES RENDERED ON GO-1987A JULY SAC CHARGES SEPTEMBER SEWER SERVICES WORDPERFECT COMPUTER CLASSES FOR UTILITIES SEPTEMBER SERVICES & WELL PARTS SUPPLIES FOR CATHCART HOCKEY RINK MILEAGE TO MCFOA MEETING STREET LIGHT UTILITIES UTILITIES MILEAGE AND PRINTING POP MACHINE RENTAL COMPUTER TAPES & RIBBONS REMOVAL OF TREE ON CATHCART & 62ND SEPTEMBER CONTRACT INVOICES UTILITIES 1990 GOOSE ROUND-UP PARK CONSULTING SERVICES METERS, SWIVELS & HORNS CONCRETE FOR CATHCART HOCKEY RINK TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST - 2 - $ 110.00 1,588.00 25.98 899.00 500.00 3,360.79 22.50 89.00 38.58 8.93 2,691.00 41.45 61. 00 7,128.00 22,793.64 STAFF 897.00 75.83 5,167.00 461. 36 17.04 2,350.23 1,440.20 68.60 10.00 219.50 285.00 29,512.50 130.00 45.94 2,000.00 2,438.83 343.92 85.00 84,905.82 189,648.53 . CHECK APPROV.STING FOR AUGUST 27, 1990 CO~ MEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL REGISTER FOR AUGUST 15, 1990 PAYROLL 204289 VOID $ 204290 (G) LAURENCE WHITTAKER 80 REG. HOURS 1,032.59 204291 (G) SANDRA KENNELLY 80 REG. HOURS 756.14 204292 (G) SUSAN NICCUM 80 REG. HOURS 598.97 204293 (G) ANNE LATTER 80 REG. HOURS 529.87 204294 (G) ALAN ROLEK 80 REG. HOURS 928.57 204295 (G) WENDY DAVIS 80 REG. HOURS 570.96 204296 (G) BRADLEY NIELSEN 80 REG. HOURS 835.83 204297 (G) PATRICIA HELGESEN 64 REG. HOURS 409.10 204298 (G) JOSEPH PAZANDAK 80 REG. HOURS 813.43 204299 (G) CHARLES DAVIS 80 REG. HOURS 596.47 204300 (G) DENNIS JOHNSON 82 REG. HOURS 710.01 204301 (G) DANIEL RANDALL 82 REG. HOURS 718.24 204302 (G) HOWARD STARK 80 REG. HOURS 560.76 204303 (G) RALPH WEHLE 80 REG. HOURS 561. 61 204304 (G) DONALD ZDRAZ 11 80 REG. HOURS 1,004.45 204305 (G) JOSEPH LUGOWSKI 80 REG. HOURS 696.48 204306 (G) TODD LATTERNER 80 REG. HOURS 603.98 204307 (G) LAWRENCE NICCUM 80 REG. HOURS 546.40 204308 (1) RUSSELL MARRON 33 REG. HOURS 164.30 204309 (1) CHRISTOPHER SCHMID 80 REG. HOURS 477 . 65 204310 (L) BRIAN JAKEL 45.50 REG. HOURS 227.00 204311 (L) MARK KARSTEN 44.50 REG. HOURS 189.32 204312 (L) WILLIAM JOSEPHSON 80 REG. HOURS 598.00 204313 (1) SUSAN LATTERNER 23 REG. HOURS 115.37 204314 (L) DEAN YOUNG 80 REG. HOURS 582.26 204315 (L) SCOTT BARTLETT 47 REG. HOURS 233.64 204316 (L) DAVID PETERSON 23 REG. HOURS 105.76 204317 (L) KELLY MICHELSON 17 REG. HOURS 80.63 204318 (L) KEVIN FOSS 17.50 REG. HOURS 93.13 204319 (L) JOHN FRUTH 13 REG. HOURS 63.88 204320 (L) NOEL NICHOLS 16.50 REG. HOURS 78.53 204321 (L) CRAIG SCHOLLE 18 REG. HOURS 84.82 204322 (1) ERICA SHAW 17.50 REG. HOURS 82.72 204323 (1) BRIAN ROERICK 7 REG. HOURS 37.25 TOTAL GENERAL 12,473.86 TOTAL LIQUOR 3,214.26 TOTAL PAYROLL 15,688.12 - 3 - ,; ......., are .. John H. Cross 24250 Smithtown Road Shorewood, MN 55331 July 30, 1990 Mayor Haugen and The City Council of' ?horewood 5755 Country Club Road Shorewood, MN 55331 Re: Park Commission Dear Ms. Mayor: I would like to volunteer for service on the Shorewood Park Commission. My experience is: -served on the Plymouth Park Commission; -coached youth programs many years using the park facilities; -frequent recreational park user; -familiar with site concepts, preparation and maintenance; -familiar with construction. I am a believer that a city park system is vital as a significant key to maintaining property val citizens as well Thank you for your consideration. JHC/jah 7.'OOP 10. AUG - 9 \990 Steven J. Dzurak 19570 Vine Ridge Road Shorewood, Minnesota 55331 August 8, 1990 Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Honorable Mayor and Council Members: I am writing to apply for appointment to the City of Shorewood Park Commission. I have the following qualifications for the position: 1. Resident of Southeast Shorewood. I am a resident of southeast Shorewood. As such I can easily monitor Silverwood Park, Shady Hills Park and the trails in the area and report to the Park Commission and City Council on activities in them. 2. Interest. I appreciate Shorewood's parks and am interested in helping develop and maintain them. I have applied for a position on the Park Commission in the past and have attended at least one Park Commission meeting every month since December, 1989. I have also used all of Shorewood's parks. 3. Professional Experience. I am both a CPA and an attorney. I believe that my professional experience will be helpful to the Park Commission in areas such as developing budgets and evaluating bids, interpreting and drafting rules, and dealing with various levels of government. For the reasons set forth above, I respectfully request appointment to the City of Shorewood Park Commission. Please call me if you need any further information. :~j!&~~ SJD : j aj